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Superior Court Justice Upholds Verdict for Coop

A Maine Superior Court Justice upheld a November 2016 jury verdict awarding $13.6 million to Eastern Maine Electric Cooperative. This verdict was the result of a finding that First Wind Holdings LLC and four of its former subsidiaries breached their contractual obligation to negotiate in good faith a contract to sell a section of an electricity transmission line to Eastern Maine...

Eleventh Circuit Rules Co-op Members Are Not Entitled to Immediate Cash for Profits

The U.S. Court of Appeals for the Eleventh Circuit dismissed (subscription required) a case brought by members of the Central Alabama Electric Cooperative (CAEC) against the central Alabama utility for distributing excess revenue by crediting the members’ capital accounts rather than making cash payments. The court found that Alabama law 37-6-20 does not require CAEC to distribute such...

Bluebonnet Electric Released from Liability Related to 2011 Wildfire

The Smithville school board members voted to release Bluebonnet Electric Cooperative (Bluebonnet) for any liability related to the 2011 Bastrop County Complex Fire.  The fire was caused by trees that fell on Bluebonnet’s power lines during high winds in the middle of the driest 12-month period of any area in Texas’ history.  Dareld Morris, a school board trustee, acknowledged that the...

EPA Submits Proposed Model Trading Rules Regarding Clean Power Plan

The U.S. Environmental Protection Agency (EPA) submitted model trading rules that provide an optional path for states implementing the Clean Power Plan (CPP) to the White House’s Office of Management and Budget for review.  Although the CPP has been placed on hold by the U.S. Supreme Court, the EPA noted that sending the rules to the office follows a routine rule-development...

Coop Sues City Alleging Trademark Infringement

Co-Mo Electric Co-Op (Co Mo) has filed a lawsuit against Columbia, Missouri alleging that the name and logo of the city bus system, COMO Connect, infringes on the coop’s trademark for its broadband internet service.  Co-Mo is seeking a preliminary injunction to prevent the city from continuing to use the name and logo while the lawsuit is...

Dairyland Awarded $73.5 Million Settlement from Department of Energy for Storing Uranium

CORRECTION:  Dairyland Power Cooperative (“Dairyland”) will receive $73.5 million for the U.S. government’s failure to take spent fuel from its shuttered Genoa nuclear power plant to the Yucca Mountain repository in Nevada.  As part of the settlement, Dairyland was able to negotiate significant savings on future liabilities.  Dairyland’s board will determine how the money will be used...

Dairyland Awarded $73.5 Million Settlement from Department of Energy for Storing Uranium

Dairyland Power Cooperative (“Dairyland”) will receive $73.5 million for the U.S. government’s failure to take spent fuel from its shuttered Genoa nuclear power plant to the Yucca Mountain repository in Nevada.  As part of the settlement, Dairyland was able to negotiate more than $13 million savings on future liabilities.  Dairyland’s board will determine how the money will be used but...

D.C. Circuit Hears Challenge to Clean Power Plan

Ten D.C. Circuit judges heard argument regarding the EPA’s authority to enact the Clean Power Plan and the rule’s constitutionality.  All active judges on the D.C. Circuit, with the exception of Merrick Garland, heard arguments from state government, power industry groups, the federal government and environmental...

US Court of Appeals to Hear Arguments Regarding Clean Power Plan on Tuesday

The United States Court of Appeals for the District of Columbia will hear arguments regarding the EPA’s Clean Power Plan on Tuesday, September 27.  Twenty-six states have joined West Virginia to challenge the Plan, which requires states to cut greenhouse gas emissions by a cumulative 32 percent from 2005 to 2030.  Leading the plaintiffs is the West Virginia Attorney General, Patrick...

NRECA Joins PJM Seeking Shutdown of FERC Floor Price Dispute

The NRECA has joined with PJM Interconnection LLC (PJM) and other utility groups to back the changes by the Federal Energy Regulatory Commission (“FERC”) to the PJM proposal dealing with artificial price suppression on the grid.  PJM asked the D.C. Circuit to deny the grid’s power providers challenge to the plan.  PJM said Monday that it is fine with FERC’s changes and, therefore, the...

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