Eversheds Sutherland Coop Law Blog
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Florida Coop Retiring $5 Million in Capital Credits

Clay Electric Cooperative will distribute its 40th consecutive capital credits refund this March.  This $5 million refund, which will be distributed to current and former customers who received service between 1987 and 2012, will appear be issued in the form of a credit on March bills to current customers.  Former customers will be issued a check in mid-March.  The money for the refund...

Iowa Companies Sue City Over Franchise Fees

Eighteen companies in Dubuque, Iowa, have filed suit against the city over its refusal to reimburse franchise fees.  The plaintiffs claim that they have paid franchise fees on gas and electric utility bills imposed by utilities, including Maquoketa Valley Electric Cooperative.  The utilities say the fees are a result of the city’s 3 percent franchise fee on each utility company’s gross...

Minnesota Coop Members Allowed to Pre-Purchase Energy

Lake Region Electric Cooperative, based in Pelican Rapids, Minnesota, is investing in a community solar initiative through a program that gives its members the chance to buy part of the solar output from the HQ Prairie solar project built at the coop’s headquarters.  Participation in the program was offered to members on a voluntary, market-based basis, which the coop hopes will keep...

Coops Intervene in State’s Challenge of FERC Incentives

On January 24, the United States Court of Appeals for the Fourth Circuit, against a challenge by the North Carolina Utilities Commission (NCUC), upheld incentives granted by the Federal Energy Regulatory Commission (FERC) for certain transmission projects undertaken by Virginia Electric and Power Company.  Two generation and transmission cooperatives, Old Dominion Electric Cooperative...

Colorado Legislature Rejects Delay of Coop Renewables Mandate

The Colorado legislature passed a bill in 2013 mandating that, by 2020, twenty percent of power generated by rural electric cooperatives come from renewable sources.  Representative Kathleen Conti proposed a subsequent bill that would delay the mandate’s implementation until 2025, but Colorado’s House Transportation and Energy Committee voted 8-5 against Conti’s bill in January.  Those...

Sioux City Looks to Settle Excessive Fee Claims

Residents in multiple Iowa cities have filed lawsuits claiming that franchise fees added to customers’ utility bills by those cities were excessive and amounted to an illegal tax.  Despite the Iowa legislature’s subsequent passing of a law legalizing franchise taxes of up to 5 percent, many cities will be forced to settle the claims.  Customers of Woodbury County Rural Electric...

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