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Sioux City Approves Franchise Fee Settlement

As cities across Iowa face lawsuits over allegedly excessive franchise fees, Sioux City, Iowa, has agreed to settle and absorb the cost of nearly $6.5 million in refunds to be paid to residents who were overcharged for franchise fees on their utility bills.  The Sioux City settlement agreement stems from a 2006 class action lawsuit filed by those who paid franchise fees for gas or...

Federal Judge Strikes Down Minnesota Coal Law

A federal district court judge has struck down a 2007 Minnesota law that restricted the ability of Minnesota utilities to build new coal plants or import energy generated from coal.  The court found that the Minnesota law effectively regulated out-of-state utilities that might wish to sell power in Minnesota and therefore “overreache[d]” by encroaching on the exclusive power of the...

Texas Coop Settles Suits from 2011 Labor Day Fire

Texas-based Bluebonnet Electric Cooperative (Bluebonnet), which was accused of negligence in one of the most destructive fires in Texas history, has settled a number of lawsuits filed as a result of the 2011 Labor Day fire.  The fire, which burned about 34,000 acres and resulted in two deaths, was caused when fallen trees knocked down Bluebonnet power lines, sparking a wildfire,...

Creditors and Bankrupt Coop Reach Agreement

Southern Montana Electric Generation and Transmission Cooperative, which filed for bankruptcy almost three years ago, and its creditors recently agreed to terms that would keep rates at current levels, involve the sale of idle generation assets near Great Falls, Montana, and allow the coop’s four smaller member coops to break up after four years.  The agreement must still be approved...

An End in Sight for Local Jurisdictional Dispute

The city council for McLeansboro, Illinois, appears ready to settle a multi-year lawsuit against Wayne-White Electric Cooperative and a local school district alleging that the coop impinged on the exclusive rights of the municipal electric utility to serve the local high school.  Details on the settlement are not yet available; the parties are reviewing and considering ratification of...

New Mexico Coop Under Fire for Wildfire

Local ranchers sued the Mora-San Miguel Electrical Cooperative in state court alleging that the coop failed to trim or remove trees that ultimately damaged power lines and caused a large wildfire in the area last summer.  The Albuquerque Journal has the full story.

North Dakota Joins EPA Haze Authority Case

North Dakota has filed a petition for certiorari at the U.S. Supreme Court hoping to prevent the U.S. Environmental Protection Agency (EPA) from denouncing the state’s emissions control plan in favor of a federal plan.  Specifically, the petition argues that the EPA does not have the authority to review and replace state implementation plans for the Clean Air Act’s Regional Haze...

Rate Case Returned to Surface Transportation Board for Review

The U.S. Court of Appeals for the District of Columbia Circuit has decided that the Surface Transportation Board must revisit the arguments of BNSF Railway Company about how to allocate costs and revenues in the $345 million electric rate case involving Basin Electric Power Cooperative and Western Fuels Association, a fuel supply coop.  This is a dispute that has lingered for ten...

West Virginia Water Contamination Brings Company Safety Practices into Focus

At least twenty putative class actions asserting claims of negligence, gross negligence and strict liability for ultra-hazardous activity have been filed naming Freedom Industries Inc., the company that owns the site responsible for leaking 7,500 gallons of coal-cleaning chemical into West Virginia’s Elk River.  The region’s U.S. Attorney has also pledged to take action if federal...

Iowa Companies Sue City Over Franchise Fees

Eighteen companies in Dubuque, Iowa, have filed suit against the city over its refusal to reimburse franchise fees.  The plaintiffs claim that they have paid franchise fees on gas and electric utility bills imposed by utilities, including Maquoketa Valley Electric Cooperative.  The utilities say the fees are a result of the city’s 3 percent franchise fee on each utility company’s gross...

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