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Cooperative Finance Corp. Fights for Authorization to Issue Letters of Credit

The National Rural Utilities Cooperative Finance Corp. (CFC) continues to seek an exemption under the Federal Communications Commission’s Rural Broadband Experiment allowing it to issue letters of credit to its own members and those of an affiliate, Rural Telephone Finance Cooperative.  However, because CFC is not a depository institution, it cannot receive the required FDIC...

Coops Challenge Clean Power Plan

NRECA and dozens of electric cooperatives have filed suit challenging the EPA’s Clean Power Plan (Plan).  The Plan was published in the Federal Register and, therefore, became open to legal challenge on October 23 and is set to take effect on December 23.

Eighth Circuit to Decide Dispute Between Minnesota and North Dakota Over Coal-Generated Electricity Regulations

The states of North Dakota and Minnesota are involved in a dispute over Minnesota regulations restricting new coal-based power generation.  North Dakota challenged the law in the federal district court arguing that the law violates the Commerce Clause of the U.S. Constitution because of its effect on out-of-state utilities.  North Dakota won at the district court level, but Minnesota...

New Fitch Report Indicates Several States Hit Hardest by Clean Power Plan

In a newly released analysis of the potential impacts of the Clean Power Plan, Fitch Ratings has indicated that electric cooperatives and public power utilities in a handful of states could face major challenges in complying with the new regulations.  The report analyzes the impact of the Clean Power Plan on the 47 states that have electric cooperatives using Fitch’s Carbon Cost...

6th Circuit Issues Stay Regarding EPA Water Rule

The 6th U.S. Circuit Court of Appeals (6th Circuit) issued a stay on October 9 regarding the Waters of the United States rule of the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers.  The stay will remain in effect until the 6th Circuit has decided whether it has jurisdiction over the challenge to the regulations brought by states, utilities and other...

Eighth Circuit Upholds FERC Rule on Coop Avoided Cost Rates

The U.S. Court of Appeals for the Eighth Circuit has upheld the long-standing determination by the Federal Energy Regulatory Commission (FERC) that the avoided cost rate paid by a distribution cooperative for energy purchased from a qualifying cogeneration or small power production facility (QF) is the same as the avoided cost rate of the distribution coop’s generation and transmission...

Settlement Reached for Utah Coal Plant

Deseret Electric Power Cooperative (Deseret), WildEarth Guardians, the Sierra Club and federal regulators have reached an agreement establishing limits on the amount of coal that the Bonanza Power Plant, located in Uintah County, Utah, may burn.  The limits imposed by the deal could result in the early retirement of the Bonanza Power Plant, but Deseret believes the deal will allow for...

Mississippi Considers Net Metering

The Mississippi Public Service Commission (Commission) is considering a plan to mandate that utilities pay solar panel owners for power they generate.  Electric cooperatives, which serve 767,000 Mississippi customers, argue the Commission can’t legally force them to adopt net metering.

EPA Finalized New Power Plant Wastewater Rule

The U.S. Environmental Protection Agency (EPA) finalized a rule setting a limit on the amount of toxic metals in power plant wastewater.  Current regulations have been in place since 1982, and the EPA asserts that these regulations do not adequately address the presence of toxic metals in power plant wastewater.  The new regulations will not apply to power plants that are smaller than...

Tri-State’s Mine Plan Approved by Department of Interior

A subsidiary of Tri-State Generation and Transmission Association, Colowyo Coal Co., received approval from the U.S. Department of the Interior (DOI) for its mine plan for a mine located in northwest Colorado. The DOI’s finding of “no significant impact” will allow the mine to continue producing low-sulfur, sub-bituminous coal and providing fuel for the Craig Station power plant near...

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