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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 pending.

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 groups.

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...

EPA Denies Request to Reconsider MATS Startup-Shutdown Rules

Last Friday the U.S. Environmental Protection Agency (EPA) denied a petition filed by environmental groups requesting that the EPA reconsider changes it had made to its Mercury and Air Toxics Standards (MATS) rule.  The specific regulations at issue, which are now final, allowed certain operators of plants more flexibility in compliance monitoring and testing during startup and...

Following Halo Decision, Power Meter IP Suit Settles

Denton County Electric Cooperative Inc. and other energy companies have settled patent infringement allegations (subscription required) involving power meters following the Supreme Court’s June Halo Electronics, Inc. v. Pulse Electronics, Inc. decision.

Appellate Court Upholds FERC Ruling Regarding “Right of First Refusal”

The U.S. Court of Appeals for the D.C. Circuit upheld a rule preventing utilities from relying on a “right of first refusal” for transmission projects in Southwest Power Pool’s region, opening up competitive bidding.  Oklahoma Gas & Electric Co. and other utilities sued the Federal Energy Regulatory Commission (FERC) in December 2014, arguing that it gave up some transmission...

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