Member-Approved Bylaws Pass Judicial Scrutiny
Posted on May 23, 2011 in Litigation, Regulation & Policy | Comments Off on Member-Approved Bylaws Pass Judicial Scrutiny
A New Mexico Supreme Court-appointed judge has upheld three member-approved bylaws aimed at increasing transparency at the Socorro Electric Cooperative. Under the new bylaws, which the judge found properly and legally enacted, the coop is subject to open meeting laws. Socorro Electric’s arguments against the bylaws focused on the significant burden they would place on the coop and its...
Socorro Electric Coop Settles Two Lawsuits
Posted on May 16, 2011 in Litigation | Comments Off on Socorro Electric Coop Settles Two Lawsuits
Socorro Electric Cooperative settled two wage and hours claims with former managers last month, paying out $30,000 in compensation for failing to settle within the time frame established by state law after the two employees were fired last August. Polo Pineda Jr., who served as the coop’s general manager, and Kathy Torres, an accounting manager with the company for 22 years, were fired...
Southern Montana’s Request for Restraining Order Against Member Rejected
Posted on May 13, 2011 in Corporate Governance, Litigation | Comments Off on Southern Montana’s Request for Restraining Order Against Member Rejected
Southern Montana Electric Generation & Transmission Cooperative, Inc. sought an injunction against Electric City Power, the municipal utility for the City of Great Falls, to stop it from terminating contracts with customers or delaying payment to Southern Montana. The court denied the request because it found that Electric City Power continues to pay Southern Montana and the...
Sierra Club Litigation Stayed for Settlement Discussions
Posted on May 11, 2011 in Litigation | Comments Off on Sierra Club Litigation Stayed for Settlement Discussions
A federal judge has stayed discovery in the Sierra Club’s litigation against Dairyland Power Co-operative to allow for settlement discussions between the parties. The Sierra Club alleges that Dairyland violated the Clean Air Act and Wisconsin’s state implementation plan at two coal-fired power plants. See Law360 for additional details (subscription required).
New Mexico Coop Board Seeks Dismissal of Recall Petition
Posted on May 9, 2011 in Corporate Governance, Litigation | Comments Off on New Mexico Coop Board Seeks Dismissal of Recall Petition
An April 29 petition calling for the replacement of all but two members of the Kit Carson Electric Cooperative Board of Trustees faces dismissal after the Board filed a formal motion requesting a judge throw out the recall effort. The Board alleges the petition was signed under false pretenses by many of the signatories who believed it was a petition to prevent rate increases. Read the...
Local Commission Clarifies Coop Confidentiality Rules
Posted on May 3, 2011 in Litigation | Comments Off on Local Commission Clarifies Coop Confidentiality Rules
According to an order issued by the New Mexico Public Regulation Commission, New Mexico’s Kit Carson Electric Cooperative can seek the protection of a confidentiality agreement with any entity seeking to review its records during the coop’s ongoing rate case. In the order issued last week, the Public Records Commission agreed that these records may contain commercially sensitive...
Summary Judgment Rejected in Coop Meeting Access Lawsuit
Posted on May 3, 2011 in Litigation | Comments Off on Summary Judgment Rejected in Coop Meeting Access Lawsuit
A judge rejected motions for summary judgment filed by both sides in a pending lawsuit filed by the Billings Gazette to make the meetings of Southern Montana Electric Cooperative open to the public and media. The judge found that there were outstanding issues of material fact, so summary judgment would be improper. The coop has allowed one reporter from the Billings Gazette to attend...
Several Utilities Suing Tribal Group Over Power Line Access
Posted on May 2, 2011 in Land Use, Litigation, Project Development | Comments Off on Several Utilities Suing Tribal Group Over Power Line Access
Five utilities, including Minnkota Power Cooperative of Grand Forks, North Dakota, have filed a lawsuit in federal court arguing that the Leech Lake Band of Ojibwe has no authority to stand in the way of a high-voltage power line that would cross the band’s Minnesota reservation. The five coops are part of a joint initiative of 11 utilities called CapX 2020 that are supporting...
Proposed Coal Dust Tariff May Receive Coop Opposition
Posted on Apr 28, 2011 in Litigation, Regulation & Policy | Comments Off on Proposed Coal Dust Tariff May Receive Coop Opposition
BNSF Railway’s recently proposed coal dust tariff will limit the amount of coal dust flying from trains leaving mines in Wyoming. Coop coal buyers, including Arkansas Electric Cooperative, are among those who have opposed previous attempts to restrict the release of coal dust. The new rules should be issued in the next few weeks and coop customers will need to decide whether to...
Western Farmers Fiduciary Suit Denied in Federal Court
Posted on Apr 26, 2011 in Litigation | Comments Off on Western Farmers Fiduciary Suit Denied in Federal Court
On Friday, a federal court refused to certify a question to Oklahoma’s high court about the fiduciary relationship between Western Farmers Electric Cooperative (WEC) and its members. This case was prompted by member People’s Electric Cooperative’s (PEC) suit accusing WFEC of trying to monopolize the state energy market. Courts below had twice dismissed PEC’s claims...
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