Appellate Court Upholds FERC Ruling Regarding “Right of First Refusal”
Posted on Jul 8, 2016 in Litigation, Regulation & Policy | Comments Off on 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...
Federal Appellate Court Overturns Minnesota Law Restricting Imported Power
Posted on Jul 8, 2016 in Legislative & Politics, Litigation | Comments Off on Federal Appellate Court Overturns Minnesota Law Restricting Imported Power
The 8th U.S. Circuit Court of Appeals upheld a decision finding that a Minnesota law that prohibited sales of coal-based generation into a regional market violated federal statutes and interfered with interstate commerce. Basin Electric Power Cooperative and Minnkota Power Cooperative argued that the law had detrimental impacts on power generators across the Midwest but may now serve...
Virginia Coop’s Permitting Dispute Drags On
Posted on May 19, 2016 in Environmental, Litigation, Permitting, Project Development, Regulation & Policy | Comments Off on Virginia Coop’s Permitting Dispute Drags On
A Pennsylvania environmental appeals board recently denied Old Dominion Electric Cooperative’s motion for summary judgment in a permitting dispute related to a proposed gas-fired plant, citing the importance of a factual question—whether water discharged into a river after being used as coolant for the plant might end up in a local water authority’s intakes.
Federal Judge Dismisses Lawsuit against Alabama Cooperative
Posted on Apr 1, 2016 in Litigation | Comments Off on Federal Judge Dismisses Lawsuit against Alabama Cooperative
A federal judge dismissed a class action suit against Arab Electric Cooperative brought by its members for failing to refund profits back to members, as required by state law. The judge ruled that, because the cooperatives have contracts with the Tennessee Valley Authority (TVA) that restrict the cooperatives in terms of changing rates, the cooperatives cannot independently reduce...
Sixth Circuit Agrees to Review EPA’s Waters of the United States Rule
Posted on Mar 4, 2016 in Climate Change, Environmental, Legislative & Politics, Litigation, Regulation & Policy | Comments Off on Sixth Circuit Agrees to Review EPA’s Waters of the United States Rule
The U.S. Court of Appeals for the 6th Circuit has agreed to review EPA’s Waters of the U.S. rule. The controversial rule has been criticized on the grounds that it would extend EPA’s regulatory authority to small streams and dry creek beds. According to Dorothy Kellogg, NRECA senior principal, the rule will result in more expensive permits for coops attempting to maintain or construct...
High Court Rejects Bid to Stay Mercury Air Toxics Rule
Posted on Mar 4, 2016 in Climate Change, Environmental, Legislative & Politics, Litigation, Regulation & Policy | Comments Off on High Court Rejects Bid to Stay Mercury Air Toxics Rule
On Thursday, the U.S. Supreme Court rejected a request to stay the EPA’s Mercury and Air Toxics Standards rule. The rule, which requires coal-fired power plants to greatly reduce mercury and other toxic emissions, was struck down in June because the EPA had not considered the $1 billion cost of imposing the rule. The D.C. Circuit left the original rule in place, however, while the EPA...
NRECA Suggests Changes to Clean Power Plan’s “Safety Valve”
Posted on Jan 4, 2016 in Climate Change, Environmental, Grid & Infrastructure, Litigation, Regulation & Policy, Reliability | Comments Off on NRECA Suggests Changes to Clean Power Plan’s “Safety Valve”
The NRECA filed a petition on December 21 requesting that the Environmental Protection Agency (EPA) include a more robust “safety valve” in its Clean Power Plan to allow power providers relief from emissions standards in the event that those standards will have adverse effects on reliability. The EPA’s plan does include a “safety valve,” but the current structure may be insufficient...
Power Generators Challenge Clean Power Plan
Posted on Dec 29, 2015 in Climate Change, Environmental, Legislative & Politics, Litigation, Regulation & Policy | Comments Off on Power Generators Challenge Clean Power Plan
A federal appeals court is considering whether to add six separate lawsuits to a claim filed by 26 states against the U.S. Environmental Protection Agency for its proposed Clean Power Plan.
New Law Helps Coops Respond to Emergencies
Posted on Dec 15, 2015 in Environmental, Legislative & Politics, Litigation, Regulation & Policy | Comments Off on New Law Helps Coops Respond to Emergencies
President Obama has signed into law bipartisan transportation legislation that helps electric cooperatives respond during emergencies. The law provides liability protection to electric utility operators from violations of federal, state or local environmental laws for a specified period while complying with a Department of Energy emergency order.
Basin Asks D.C. Circuit to Stay Clean Power Plan
Posted on Nov 9, 2015 in Climate Change, Environmental, Legislative & Politics, Litigation, Regulation & Policy, Reliability, Renewable Energy | Comments Off on Basin Asks D.C. Circuit to Stay Clean Power Plan
Basin Electric Power Cooperative (Basin) is among the electric industry participants asking the United States Circuit Court for the District of Columbia (D.C. Circuit) to stay the implementation of the Clean Power Plan (CPP), arguing that preparing to comply with the CPP’s requirements while legal challenges are still pending would cause a significant waste of resources in the event...
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