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Sixth Circuit Agrees to Review EPA’s Waters of the United States Rule

The U.S. Court of Appeals for the 6th Circuit has agreed to review EPA’s Waters of the U.S. rule. The controversial rule has been criticized on the grounds that it would extend EPA’s regulatory authority to small streams and dry creek beds.  According to Dorothy Kellogg, NRECA senior principal, the rule will result in more expensive permits for coops attempting to maintain or construct...

High Court Rejects Bid to Stay Mercury Air Toxics Rule

On Thursday, the U.S. Supreme Court rejected a request to stay the EPA’s Mercury and Air Toxics Standards rule. The rule, which requires coal-fired power plants to greatly reduce mercury and other toxic emissions, was struck down in June because the EPA had not considered the $1 billion cost of imposing the rule. The D.C. Circuit left the original rule in place, however, while the EPA...

Mississippi Considers Ending PSC Oversight of Electric Cooperatives

Two new bills are under consideration in Mississippi—House Bill 1139 and Senate Bill 2089.  These bills would significantly limit regulatory oversight of cooperatives serving 70 percent of the state’s electric customers.  Both bills are currently in committee.

Supreme Court Grants Stay of Obama Clean Power Plan

The Supreme Court has granted a stay request from more than two dozen states, plus utilities and coal companies, to put on hold the implementation of President Obama’s Clean Power Plan.  The Court’s decision halts implementation but does not address the merits of the pending legal challenge to the plan, which asserts the Environmental Protection Agency has overstepped its powers.  An...

Electric Coops Ask Supreme Court to Block Clean Power Plan

Electric cooperatives are asking the U.S. Supreme Court to put the Environmental Protection Agency’s Clean Power Plan on hold until all legal challenges are resolved.  The petition comes after a federal appeals court rejected a similar request less than a week earlier.

Mississippi PSC Rejects Coop Associations’ Request to Reconsider Net-Metering Rule

The Mississippi Public Service Commission (PSC) put in place a net-metering rule, which allows customers to use rooftop solar panels to produce power and sell this power to utilities. The Electric Power Associations of Mississippi, Inc. asked the PSC to reconsider the rule, asserting that the PSC does not have the authority to impose this rule. The Commission rejected the Electric...

SCOTUS Gives FERC Approval to Reshape Power Markets

In a 6-2 vote, the justices held that the Federal Energy Regulatory Commission (FERC) had authority under the Federal Power Act to issue the so-called demand-response rule, reversing the D.C. Circuit’s decision that the rule usurped state authority over retail electricity markets.  Writing for the majority, Justice Elena Kagan said that demand response directly affects wholesale...

DC Circuit Refuses to Delay Implementation of Clean Power Plan

In a setback to dozens of states and industry groups, the D.C. Circuit Court refused to delay the Clean Power Plan (CPP) while legal challenges are ongoing. The petitioners argued that they will be irreparably harmed by starting the compliance process. Basin Electric Power Cooperative has argued that it will lose a lot of money if they comply with the CPP and it is later scrapped by...

FERC Case Leads to Changes in MISO Auction Rules and Potential Consumer Refunds

Southern Electric Cooperative was a complainant in a Federal Energy Regulatory Commission (FERC) case that led to the agency issuing an order to correct alleged market manipulation by Midcontinent Independent Systems Operator in connection with its 2015-2016 Planning Research Auction.

Coal Prices and Production Down in 2015

According to the Energy Information Administration, coal prices and production declined in 2015.  The agency attributed this decline to low natural gas prices, lower demand and more environmental regulations.

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