Ninth Circuit Decision Sides with FERC on Market-Based Rates
Posted on Nov 8, 2011 in Litigation | Comments Off on Ninth Circuit Decision Sides with FERC on Market-Based Rates
The petitions of the National Rural Electric Cooperative Association (NRECA) and others were rejected by the U.S. Court of Appeals for the Ninth Circuit, which found that Federal Energy Regulatory Commission’s (FERC) market-based rates policy for wholesale power markets is in keeping under the agency’s governing statutes. The policy of screening for market power before authorizing...
Coops Join North Dakota in Coal Suit
Posted on Nov 3, 2011 in Legislative & Politics, Litigation, Regulation & Policy | Comments Off on Coops Join North Dakota in Coal Suit
The state of North Dakota and certain power industry participants, including Basin Electric Power Cooperative and Minnkota Power Cooperative, Inc., filed suit against the state of Minnesota. The plaintiffs contend that a Minnesota law restricting the importation of coal-generated power violates the U.S. Constitution and will result in higher electricity prices for Minnesota consumers....
Environmental Groups File Petition against John W. Turk, Jr. Plant
Posted on Oct 26, 2011 in Litigation, Permitting | Comments Off on Environmental Groups File Petition against John W. Turk, Jr. Plant
The Sierra Club, National Audubon Society and Audubon Arkansas filed a petition on October 25 with the Arkansas Public Service Commission (Arkansas PSC) attempting to halt work on the John W. Turk, Jr. coal plant being constructed by the Southwestern Electric Power Co. (SWEPCO). The petition alleges that by filing for a Certificate of Environmental Compatibility and Public Need...
NRECA Fights New EPA Air Rule
Posted on Oct 13, 2011 in Environmental, Litigation, Regulation & Policy | Comments Off on NRECA Fights New EPA Air Rule
The National Rural Electric Cooperative Association (NRECA) has filed petitions in the U.S. Circuit Court of Appeals for the District of Columbia and with the Environmental Protection Agency (EPA) directly seeking review of the EPA’s Cross-State Air Pollution Rule (CSAPR) scheduled to go into effect January 1, 2012. NRECA raised concerns that the new rule would increase electricity...
Attorneys Plan to Sue Coop Over Las Conchas Fire Damage
Posted on Oct 10, 2011 in Environmental, Grid & Infrastructure, Litigation | Comments Off on Attorneys Plan to Sue Coop Over Las Conchas Fire Damage
Two attorneys are joining together to file a lawsuit against Jemez Mountains Electric Cooperative, whose power lines sparked a fire after a tree fell on them. The Las Conchas fire was the largest fire in New Mexico’s history, charring more than 156,000 acres of land and damaging dozens of homes. The fire started when high winds caused a tree, which was located on private property...
Bluebonnet Electric Cooperative Sued by Texas Fire Victims
Posted on Sep 27, 2011 in Litigation | Comments Off on Bluebonnet Electric Cooperative Sued by Texas Fire Victims
Three victims of the Bastrop wildfire have filed a lawsuit against Bluebonnet Electric Cooperative for gross negligence that the plaintiffs allege led to one of Texas’ largest fires. The plaintiffs are seeking compensation including personal injury and property damage, mental anguish, and past and future medical expenses. A Texas Forest Service investigation report has concluded that...
Yellowstone Valley Electric Lawsuit Moving Forward
Posted on Sep 16, 2011 in Litigation | Comments Off on Yellowstone Valley Electric Lawsuit Moving Forward
A District Court Judge in Montana has cleared the way for Yellowstone Valley Electric Cooperative’s (YVEC) lawsuit against Southern Montana Electric Generation and Transmission Cooperative to proceed by turning down requests for a temporary restraining order and preliminary injunction. YVEC, along with four other coops and the city of Great Falls, formed Southern in 2004 with the goal...
Digger Derrick Settlement Reached
Posted on Sep 8, 2011 in Litigation, Regulation & Policy | Comments Off on Digger Derrick Settlement Reached
Last month, the Occupational Safety and Health Administration (OSHA) and certain electric utilities, including coops, reached a settlement agreement on new OSHA rules for digger derricks used in electric construction. Many of the OSHA rules will still apply to electric utilities. The effective date for compliance is scheduled for November 2014. Click here for the full story.
Petition to Stay Coal Dust Tariff Denied
Posted on Sep 1, 2011 in Litigation | Comments Off on Petition to Stay Coal Dust Tariff Denied
On Wednesday, the Surface Transportation Board denied a Western Coal Traffic League (WCTL) petition requesting the Board to stay the effective date of a BNSF Railway Company tariff. Arkansas Electric Cooperative Corporation was among those filing statements in support of the WCTL petition. The coal dust tariff will limit the amount of coal dust flying from trains leaving mines in...
Cost of Socorro Electric’s Lawsuit Unclear
Posted on Aug 15, 2011 in Litigation | Comments Off on Cost of Socorro Electric’s Lawsuit Unclear
The cost of a lawsuit filed in New Mexico last year by Socorro Electric Cooperative against all of its approximately 10,000 member-owners is still unclear. Judge Albert J. Mitchell Jr., who was appointed to the case by the New Mexico Supreme Court, has yet to decide whether to award attorneys’ fees and expenses to the lawyers who defended the case. Judge Mitchell is also considering...
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