Eversheds Sutherland Coop Law Blog
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New Environmental Rules Threaten Reliability

In addition to recent reliability issues caused by demand for electricity exceeding supply, nine new environmental rules are threatening to cause additional issues for electric cooperatives.
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Carbon Capture Project Moves Into Final Development Stage

Minnkota Power Cooperative has announced that Project Tundra is moving into its final stage of project development. The project combines decades of energy industry expertise to build one of the world’s largest carbon capture projects in North Dakota.
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Minnesota Cooperative Increases Commitment to “Pollinator Strong” Pledge

Great River Energy (GRE) recently announced its plans to plant and restore 300 acres of pollinator-friendly habitat across current and future sites in addition to the 300 acres it has already restored. The move reflects GRE’s commitment to being a good steward of the environment while providing reliable energy to its members. In addition to environmental benefits, pollinator habitats help maintain service reliability by reducing the risk of plant material impacting overhead lines and towers.
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National Environmental Policy Act to Streamline Permitting and Environmental Review

Congress recently passed reforms to the National Environmental Policy Act as part of the bipartisan agreement to raise the country’s debt limit. The law, which NRCEA supported, is expected to expedite the permitting process for electric cooperatives, requiring environmental impact statements to be done with two years and less intensive environmental assessments to be completed within one year.
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Florida Cooperatives Providing Broadband Now Subject to State Pole Attachment Regulations

Florida recently enacted a law subjecting electric cooperatives that provide broadband service to pole attachment regulation by the Florida Public Service Commission. Florida previously maintained the same regulatory exemption for electric cooperative poles as Federal law, but now if an electric cooperative in any way provides broadband service, then it will be subject to Florida’s pole attachment rules.
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Minnesota Cooperatives Seek Federal Funds for Small-Scale Utility and Electrification Projects

A partnership of Minnesota electric cooperatives and utilities, including Arrowhead Electric Cooperative and Wild Rice Electric Cooperative and its transmission supplier, Minnkota, are seeking $240 million in federal funds to advance roughly 300 small-scale utility and electrification projects throughout the state. The U.S. Department of Energy is expected to announce grant awards later this year.
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Cooperatives Push Congress to Focus on Grid Reliability

David Tudor, CEO of Missouri-based Associated Electric Cooperative Inc., is urging Congress to focus on electric system reliability, including permitting and environmental review reforms, to allow cooperatives to build new generation and transmission infrastructure in a timely and cost-effective way. North American Electric Reliability Corp.’s 2023 Summer Reliability Assessment recently highlighted the new electric reliability challenges facing the country.
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Texas Electric Cooperative Awarded Government Defense Contract

Rio Grande Electric Cooperative, Inc. has been awarded an over $8.7 million 50-year contract for electric utility services for the United States Air Force.
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Groundbreaking on Basin Electric Power Cooperative Carbon Capture Partnership

Basin Electric Power Cooperative (Basin Electric) and Kawasaki Heavy Industries joined with state officials in Gillette, Wyoming to break ground on two facilities designed to use carbon captured at Basin Electric’s Dry Fork Station. The facilities will be the largest non-solvent-based capture plant in the world and will collect the flue gas produced by the 405-megawatt station, coal-based station.
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$3.6 Million Awarded to Burke-Divide Electric Cooperative to Support Distribution System Repairs

The U.S. Department of Homeland Security’s Federal Emergency Management Agency awarded Burke-Divide Electric Cooperative over $3.6 million to repair its distribution system, which was damaged during a serve winter storm last year.
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Stakeholders Ask President Biden to Prioritize U.S. Steel Production for Electric Grid

The NRECA and eight other national organizations recently wrote to the President requesting the prioritization of domestic steel production in order to help meet the unprecedented demand for electrification, grid modernization and resilience initiatives.
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Virginia Electric Cooperatives Seek to Make Solar Programs Permanent

Three electric cooperatives in eastern Virginia have requested that the State Corporation Commission make the pilot community solar programs which began three years ago permanent.  Rappahannock Electric Cooperative, Northern Neck Electric Cooperative, and A&N Electric Cooperative urged the move as a way of offering options to climate conscious member-consumers.
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Biden Administration Makes $11 Billion Available for Clean Energy Development in Rural America

The White House announced the opening of two programs designed to distribute $11 billion in grants and loan opportunities to various stakeholders, including rural electric cooperatives, for investment in clean energy resources. The U.S. Department of Agriculture’s Empower Rural America program will provide $9.7 billion for rural electric cooperatives and its Power Affordable Clean Energy program will make $1 billion available to cooperatives and other renewable-energy developers and providers. The combined investment in clean energy is the largest such federal intervention in rural...
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NRECA Chief Executive Officer Questions EPA’s Proposed Greenhouse Gas Rules

The Environmental Protection Agency (EPA) announced rules for greenhouse gas emissions this week, with initial requirements beginning in 2030, which could spur the retirement of certain coal-fired and gas-fired generators. The limits vary based on the size of the generator and certain operational characteristics. National Rural Electric Cooperative Association (NRECA) Chief Executive Officer Jim Matheson expressed concern that the proposal may force “critical always-available power plants into early retirement,” while making new natural gas plants more challenging to permit, site, and...
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