Eversheds Sutherland Coop Law Blog
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Florida Cooperatives Warn That Repairs Could Take Weeks

As Florida continues to cope with effects of Hurricane Ian, electric cooperatives across the state have begun restoration and repair work after more than 300,000 meters lost power. Withlacoochee River Electric Cooperative let members know by social media post that restorations would be delayed, but that full restoration efforts would begin on Friday morning. Lee County Electric Cooperative, based in Fort Myers, urged patience as they respond to catastrophic damage.
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Alabama Electric Cooperatives to Use Grant Funds for Broadband Network

A new $82.45 million grant will be used by Fiber Utility Network, a corporation formed by eight rural electric cooperatives, to fund broadband expansion efforts in unserved rural areas.
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New Climate Law a Game Changer for Electric Cooperatives

The Inflation Reduction Act will unlock billions of dollars’ worth of clean energy tax credits previously inaccessible to community-owned electrical cooperatives, as well as $9.7 billion in grants and loans for such cooperatives to purchase or build new clean energy systems.
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Brazos Electric Seeks Creditor Approval for $1.4 Billion Bankruptcy Plan Emerging from 2021 Storm Costs

Brazos Electric Cooperative received the go-ahead from Chief U.S. Bankruptcy Judge David Jones to seek creditor approval for its bankruptcy plan that provides for Brazos to pay $1.4 billion to the Electric Reliability Council of Texas (ERCOT) for costs stemming from February 2021 winter storms. During that time period, Brazos incurred a $2.1 billion bill from ERCOT, almost three times its total power costs for 2020, causing Brazos to file bankruptcy.
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AEPCO Purchases Batteries to Provide Members Lower Cost Energy at Peak Demand Times

Arizona Electric Power Cooperative (AEPCO) and Southwest Cooperative Services have purchased three batteries capable of providing 140 megawatt-hours of energy storage for three cooperatives’ distribution systems. Each cooperative will be able to develop its own plan for deploying the batteries to meet their needs. The batteries will permit the cooperatives to distribute their power during peak periods to avoid purchasing electricity at higher market rates.
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CORE Electric Cooperative Asserts its Right to Withdraw from Comanche Unit 3

CORE Electric Cooperative has asserted its right to withdraw from partial ownership of the Comanche Unit 3 power plant by written notice to Public Service Company of Colorado, a subsidiary of Xcel Energy, Inc.
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MEMBERSHIP APPROVES CUSTOMER ARRANGEMENT WITH ELECTRIC COOPERATIVE

Cooperatives Great River Energy and Connexus Energy have entered into a new customer arrangement that will allow Connexus Energy to secure more of its own power supply resources with minimal impact on Great River Energy’s member-owned cooperatives.
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DEMCO Launches Dispute Over Coal Plant Overages

DEMCO is launching a legal fight against its power provider, Cleco, over $30 million in purportedly excessive costs from overpriced electricity generated at the shuttered Dolet Hills Power Station in northwest Louisiana.
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COOPERATIVE TO BRING RAIL LINE, JOBS TO IMPOVERISHED AREA

Using economic development incentives awarded by the Pasco County Office of Economic Growth, Withlacoochee River Electric Cooperative plans to build a light industrial park in one of Florida’s poorest areas, providing up to 150 full-time jobs.
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Utilities and Cooperatives Laud Inflation Reduction Act

Rural electric cooperatives and other utilities that operate in the Boulder Valley and Northern Colorado are hailing elements of the Inflation Reduction Act, which provides tax incentives and other benefits to encourage conversion to renewable energy. The Inflation Reduction Act, signed into law August 16 by President Joe Biden, includes almost $370 billion to address climate change, including many provisions benefitting utilities and rural electric cooperatives.
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Kenergy Challenges PSC Ruling

Kenergy Corp., a rural power cooperative, has challenged state Public Service Commission (PSC) findings that it improperly restricted financial benefits to customers who produce solar energy. The dispute between Kenergy and the PSC stems from the cooperative’s “net metering program,” which allows customers who generate renewable energy to essentially sell it back into the power grid. In Kenergy’s program, the cooperative offers its qualified members credits on their power bills.
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Electric Cooperative Looks to Grants to Help Expand Internet Coverage to Rural Areas

Cullman Electric Cooperative, which has already invested $25 million to provide fiber optic internet coverage to 15,000 unserved customers, has begun applying for state grants to help achieve its goal of reaching all 35,000 members.
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New Solar Project to Save School District, Cooperative Members Money

Ozarks Electric Cooperative is joining with Today’s Power and Springdale Public Schools in a new solar project which will offset about 95% of the total energy consumed by certain schools and will save cooperative members about $2.3 million over the next 25 years.
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McCone Electric Cooperative Receives $1.2 Million for Disaster Aid

McCone Electric Cooperative (McCone) in Montana received $1.2 million from the Federal Emergency Management Agency for recovery efforts from severe storms in June of 2021. McCone intends to use the funds to strengthen power lines.
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