Eversheds Sutherland Coop Law Blog
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NRECA Requests Clarification of NEPA in Seven County Infrastructure Coalition v. Eagle County, Colorado

NRECA filed an amicus brief in Seven County Infrastructure Coalition v. Eagle County, Colorado, asking the Supreme Court to clarify that an agency’s ability to analyze environmental impacts under NEPA is restricted to the agency’s actual jurisdiction; NRECA argues that this clarification will help relieve the costly permitting and litigation related delays on cooperative system improvements imposed by NEPA.
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Biden Administration Announces $7.3 Billion Clean Energy Investment for Rural Communities

President Joe Biden and U.S. Department of Agriculture Secretary Tom Vilsack announced over $7.3 billion in financing for rural electric cooperatives to support clean energy projects through the Empowering Rural America (New ERA) program, a component of the Inflation Reduction Act. The first round of selected projects (sixteen (16) projects in total) will reduce greenhouse gases by 43.7 million tons annually and will create thousands of jobs while delivering cleaner, more affordable energy to rural communities. Dairyland Power Cooperative, the first finalized award recipient, will leverage...
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Texas Cooperative’s “Virtual Power Plant” Qualifies for ERCOT Wholesale Power Market Participation

Bandera Electric Cooperative, in collaboration with the Lower Colorado River Authority, recently announced the qualification of its Aggregated Distributed Energy Resource (ADER) program, known as a Virtual Power Plant, in the Electric Reliability Council of Texas (ERCOT) wholesale power market. The ADER uses an advanced platform capable of managing multiple aggregations of third-party devices, including thermostats, solar systems, energy storage batteries, generators, and other devices that consume or produce electricity behind the meter, offering a significant demand-side solution at scale...
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FERC Rejects Basin Electric’s Proposal for Special Crypto Mining Rate Schedules

The Federal Energy Regulatory Commission (FERC) rejected Basin Electric Power Cooperative’s proposal to create separate rate schedules for cryptocurrency operations, stating Basin failed to show that these operations posed more risk than other large energy loads. Basin argued that crypto mining could lead to stranded assets due to its transient nature, but FERC found insufficient evidence to support this claim. While acknowledging Basin’s concerns about load growth, FERC rejected the proposal without prejudice, allowing Basin to address these concerns in future filings.
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EVLO installs its first U.S. utility-scale BESS in Vermont

EVLO Energy Storage has launched its first U.S. utility-scale battery energy storage system in Troy, Vermont, designed to store and manage energy for peak demand times. This project, which includes 16 EVLO 1000 units, will provide data to the U.S. Department of Energy and Sandia National Laboratories to demonstrate how battery storage can enable the expansion of renewable energy production, while further integrating renewables into the New England grid.
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Arkansas Electric Cooperative Corporation to Build 900-Megawatt Natural Gas Plant in Texas

Arkansas Electric Cooperative Corporation (AECC) plans to build a 900-megawatt natural gas generation facility in Morris County, Texas, beginning construction in 2026 and aiming for commercial operation by 2029. The facility will enhance reliability within the Southwest Power Pool regional transmission organization, providing efficient, low-emission energy to AECC’s 17 distribution cooperatives. The location was chosen for its proximity to natural gas pipelines and transmission infrastructure, ensuring reliable and affordable power for approximately 600,000 members across multiple...
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San Miguel Electric Cooperative Announces First of its Kind in Texas Clean-Energy Geothermal Battery

San Miguel Electric Cooperative announced a deal with Sage Geosystems to build a geothermal pressure pilot storage system on a coal facility land.
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Pennsylvania Electric Cooperative Receives $2.1 Million Grant for Technology Upgrades

The Pennsylvania Department of Environmental Protection recently awarded the Claverack Rural Electric Cooperative a more than $2.1 million grant through the Pennsylvania Grid Resilience Grants (PA GRG) Program. The grant will be used for infrastructure and reliability upgrades.
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NRECA Challenges EPA’s New Coal Ash Rule

The National Rural Electric Cooperative Association (NRECA) has filed a lawsuit with other utility groups challenging the EPA’s new rule on coal ash impoundments, arguing it imposes undue costs and could harm grid reliability. The rule, which expands regulations to include inactive sites and other previously unregulated areas, is criticized for being overly broad and potentially affecting already compliant facilities. NRECA contends that the EPA has exceeded its authority and that the rule’s definitions will lead to higher compliance costs and operational disruptions.
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Columbia Power Cooperative Keeps Power Flowing Despite Wildfires

Columbia Power Cooperative, the Oregan distribution cooperative, was able to maintain service and keep the lights on despite six wildfires in its eastern Oregon territory thanks to selfless efforts by members, firefighters, and co-op staff.
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Oglethorpe Power Announces New Generation Projects to Support Georgia’s Rising Electricity Demands

Oglethorpe Power has approved the construction of two natural gas projects in Georgia: a state-of-the-art combined-cycle plant in Monroe County and a highly efficient combustion turbine unit in Talbot County. These two projects will help meet the growing energy demands of the electric cooperatives that Oglethorpe serves while prioritizing affordable and sustainable energy.
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NRECA Criticizes Denial of EPA Power Plant Rule Stay

The U.S. Court of Appeals for the D.C. Circuit has denied NRECA’s motion to stay EPA’s new power plant rule, a rule that would require premature closure of power plants. NRECA criticized the decision, stating the new rule undermines electric reliability and poses an immediate threat to an already constrained electric grid.
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NRECA Challenges Bureau of Land Management’s New Conservation Rule

The National Rural Electric Cooperative Association (NRECA) filed a lawsuit against the Department of the Interior, challenging the Bureau of Land Management’s (BLM) new Conservation and Landscape Health Rule, which they claim hinders electric cooperatives’ operations. NRECA, supported by a coalition of 11 other industries, argues that the rule prioritizes conservation over utility use, complicating grid expansion, maintenance, and wildfire mitigation efforts. The rule is said to unlawfully expand BLM’s authority and create a conservation lease program that could obstruct...
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NRECA ACCESS Project Focuses on Expanding Rural Community Solar

To grow adoption of community solar projects in rural states, the National Rural Electric Cooperative Association (NRECA) launched the Achieving Cooperative Community Equitable Solar Sources (ACCESS) project. ACCESS is funded by a $1 million award from the U.S. Department of Energy (DOE) Solar Energy Technologies Office (SETO) and focuses on research, field tests, and conversations with electric cooperatives, so far resulting in five 5 solar programs collectively delivering 7.5 megawatts of solar energy that directly benefits 7,800 low- and moderate-income households.
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