Eversheds Sutherland Coop Law Blog
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Distribution Coop Approves Community Solar Initiative

The board of La Plata Electric Association (LPEA), based in Colorado, recently approved a program where 10 or more members can apply to develop a community solar garden and sell the power back to the coop.  LPEA is accepting proposals through year’s end.  The Durango Herald has the full story.

EPA Proposes Carbon Standards for New Power Facilities

As part of President Obama’s Climate Action Plan, the Environmental Protection Agency (EPA) has issued a news release outlining carbon standards for new power facilities.  The EPA will consider comments and hold a public hearing before completing the rulemaking process.  For more information, click here.

Louisiana Coops Hit Net Metering Cap

The Louisiana Public Service Commission (PSC) set a September 30 deadline for retail customers to install generating devices (e.g., solar panels) in order to participate in net metering.  The deadline applies only to customers of certain coops who have reached the 0.5% cap set by the Louisiana PSC at which the coops are no longer required to offer net metering.  Instead, the coops may...

Alaska Coop Appeals Order to Bury Lines

Matanuska Electric Association (MEA) has filed an appeal of the city of Wasilla’s decision to give MEA a permit to build a 115-kilovolt transmission line only if the coop puts the line underground.  The city says that it wants to safeguard Wasilla’s scenery and property values, but MEA has said the requirement to bury the lines could quadruple the cost of the project to $40 million....

Iowa Coops Protest Denial of Aid for Storm Damage

Representatives of several Iowa power providers traveled to Washington, D.C., after they learned the Federal Emergency Management Agency (FEMA) denied disaster aid for coops in Dickinson, Osceola, Lyon, Sioux and O’Brien counties.  Three Iowa electric cooperatives and two municipal utilities reported damage to infrastructure after a severe ice storm passed through the Iowa Great Lakes...

Alaska Coop Finalizes Financing to Purchase Plant

Golden Valley Electric Association (GVEA) of Fairbanks, Alaska, has finalized financing from the Rural Utilities Service (RUS) and the Cooperative Finance Bank to purchase the 50-MW Healy Clean Coal Project from the State of Alaska.  The Cooperative Finance Bank will finance the purchase of the plant, which will be renamed “Healy Unit 2,” while the RUS loan will finance new emissions...

White Paper Argues EPA Cannot Limit Power Plant Emissions

Attorneys general from 17 states recently submitted a white paper to the Environmental Protection Agency’s (EPA) Administrator, arguing that Section 111(d) of the Clean Air Act limits the EPA’s authority to develop procedures to guide states in establishing emissions standards for existing power plants.  The white paper is in response to an expected revised EPA rule directly capping...

NRECA Voices Concern Over Proposed EPA Startup and Shutdown Rule

The National Rural Electric Cooperative Association (NRECA) voiced concerns that some cooperatives may not be able to satisfy, in a timely manner, the new rule on startup and shutdown of coal-based generation designed to limit emissions of hazardous air pollutants.  Among other concerns, NRECA called for the Environmental Protection Agency (EPA) to consider how compliance with the...

USDA Announces Funding for Coop Projects in Seven States

In a news release, the Secretary of Agriculture has announced funding for a variety of projects through the Rural Utilities Service of the U.S. Department of Agriculture (USDA).  The projects include, among other things, funding for smart grid technology and improvements on Native American lands across seven states: Iowa, Kansas, Minnesota, Missouri, Oklahoma, Texas, and Wyoming.  Read...

Court Denies Request to Delay Pollution Control Upgrades

The U.S. Court of Appeals for the Ninth Circuit denied a request by Arizona and four utilities, including Arizona Electric Power Cooperative (AEPCO), to delay Environmental Protection Agency (EPA) regional haze requirements while litigation against the new rules remains pending.  AEPCO previously appealed the requirements requesting that it use an Arizona Department of Environmental...

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