Eversheds Sutherland Coop Law Blog
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Coop Affected by Court’s Grant of EPA Request to Stall MACT Lawsuits

A federal appeals court has granted the U.S. Environmental Protection Agency’s (EPA) request to hold pending lawsuits over its utility maximum achievable control technology (MACT) air toxics rule in abeyance until the EPA completes its reconsideration of the rule.  The lawsuits being held in abeyance were filed by developers of new power plants, including Deseret Power Electric...

Sutherland Coop Webinar Series – Webinar II: Current Issues in Energy Trading Agreements

David McIndoe, Tom Warren and J.J. Kubicek discussed current topics in master agreements for physical and financial energy trading and highlighted best practices and pitfalls in negotiating ISDA, EEI and NAESB Agreements.  The presentation included issues raised by new rules under the Dodd-Frank Act.  To view the webinar, click here.

NRECA Recommends Approval of Revised “Bulk Electric System” Definition

The National Rural Electric Cooperative Association (NRECA) recently submitted a filing with the Federal Energy Regulatory Commission (FERC) (Docket Nos. RM12-6, RM12-7) supporting the revised definition of the term “Bulk Electric System” as approved by the North American Electric Reliability Corporation (NERC) in January.  The NRECA noted that the revised definition would better focus...

MPSC Orders Opt-Out Right for Smart Meters

Due to cost concerns raised by customers, the Michigan Public Service Commission (MPSC) has ordered certain investor-owned electric utilities to provide an opt-out option for Advanced Metering Infrastructure (AMI), based on cost-of-service principles, for their customers if the utility elects to implement AMI.  The entire order, including the list of applicable electric utilities, can...

Refurbished Montana Plant Goes Online

The city of Whitefish, Montana, once again has its own hydroelectric plant.  Last year, city officials negotiated a deal with an electric cooperative that outlined power delivery terms for a 20-year period, in two separate phases.  The 30-year-old plant, which was recently rebuilt, now has a refurbished generator, turbine and controls.  Flathead Electric Cooperative paid the city...

USDA Meets Goal for Smart Grid Funding

Agriculture Secretary Tom Vilsack announced that the U.S. Department of Agriculture has reached its $250 million goal to finance smart grid technologies.  The Secretary also said that nine rural electric cooperatives and utilities in 10 states will receive loan guarantees to make improvements to generation and transmission facilities and implement smart grid technologies. Click here to...

CFC Annual Report Shows High Performance Among Coops

Electric coops performed well against a backdrop of challenging economic times in 2011, according to the G&T Key Performance Indicators (KPI) report by the National Rural Utilities Cooperative Finance Corporation (CFC).  Energy sales and peak growth slowed in 2011, while wholesale rates continued to increase. The report shows that, over the last five years, the median G&T...

Western Coop to Cut Costs Based on Consultants’ Report

The board of financially distressed Jemez Mountains Electric Cooperative has voted to enact several measures identified in an operational assessment prepared by Henry Cano of the National Rural Electric Cooperative Association and two other consultants with solid coop experience.  While the details of the plan have not yet been made public, the plan purportedly involves some layoffs, a...

DOE Plans to Change PMAs Met with Opposition

The National Rural Electric Cooperative Association (NRECA) is among the opponents to the Department of Energy’s March 16 directive to alter the roles of the four federal power marketing administrations (PMAs).  The directive would require that, among other things, PMAs design new rate structures, incentivize renewable energy development and expand transmission for third parties. ...

New Mexico Coop Utilizes Unique Generation Facility

Lea County Electric Cooperative, Inc. (Lea County) constructed a 47-MW, gas-fired generation facility that can tap into a nearby 27-MW wind farm, the first tie-in of its kind in the country.  The setup will help Lea County meet New Mexico’s upcoming Renewable Portfolio Standard (RPS) while preserving reliable service.  Click here for the full story.

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