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PSC Ends Management Review of Kentucky Coop

On February 19, the Kentucky Public Service Commission (PSC) announced that it had ended its management review of East Kentucky Power Cooperative (EKPC).  The PSC commended EKPC for its efforts to implement recommendations made an outside consulting group’s management audit in 2010.  Read more here.

New Mexico Electric Rates Still in Limbo

Kit Carson Electric Cooperative and its power supplier, Tri-State Generation and Transmission Association, Inc. (Tri-State), continue their battle over electric rates before the New Mexico Public Regulation Commission (PRC).  The PRC has responded to Tri-State’s arguments that this issue is beyond state regulator jurisdiction by claiming that Tri-State is trying to circumvent the law. ...

New Regulation Under Cybersecurity Executive Order

President Obama has issued an Executive Order to address the growing cyber threat to the Nation’s “critical infrastructure.”  The energy industry should pay attention, both for regulatory compliance purposes and also as a matter of sound business practice, in the face of the increasing security threat posed by cyber attacks.  Read the full Sutherland Legal Alert.

Proposed Texas Bill Would Give Customers Grounds to Sue

In addition to creating a cause of action against utilities for theft and improper use of data, a proposed Texas bill, H.B. 1171, also provides customers with the right to opt out of smart meter programs and the right to have previously installed meters removed.  This bill differs from a prior Senate bill in that H.B. 1171 provides customers with this cause of action but does not...

NRECA Asks FERC to Clarify Revised Bulk Electric System Rule

The National Rural Electric Cooperative Association (NRECA) has asked the Federal Energy Regulatory Commission (FERC) for a clarification of its final rule on a revised definition of Bulk Electric System.  Issued in late December 2012, the final rule approved most elements of the revised definition by the North American Electric Reliability Corporation, but FERC also ordered some...

South Carolina Town Receives Land Donation

The town of Bluffton, South Carolina, is offering seven acres of land in its May River Technology Park to attract more private businesses.  However, Bluffton did not have to tap into tax revenues to buy this land.  It was donated by Palmetto Electric Cooperative and Hargray Communications.  In return, these entities will be allowed to forgo state license fees.  Bluffton also is...

Federal Court Rejects Rehearing on EPA Cross-State Air Pollution Rule

Last Thursday, the U.S. Court of Appeals for the District of Columbia Circuit issued a two-sentence order in which it declined to reopen a decision that struck down the Environmental Protection Agency’s (EPA) sweeping Cross-State Air Pollution Rule.  The decision striking down the rule was issued last August by a three-judge panel of the circuit court after the National Rural Electric...

Kansas Coop Brings Attention to Private Transmission Considerations

Wheatland Electric Cooperative of Kansas is alerting others to potential concerns regarding the construction of private transmission lines to meet increased oil and gas exploration in the Mississippi Lime Play, which is an underground formation across southern and western Kansas and northern Oklahoma.  If energy companies begin building their own electric transmission infrastructure,...

EPA Passes New Rule Related to Generator Use

On January 15, the U.S. Environmental Protection Agency (EPA) announced a new rule that will allow electric cooperatives to use small emergency generators for various purposes in order to ensure a stable flow of electricity at the local and regional level.  Kirk Johnson, senior vice president of the National Rural Electric Cooperative Association (NRECA), stated that the combined...

Kroll Bond Rating Agency Issues Updated Report on Fracking

Kroll Bond Rating Agency (KBRA) has issued an update to its report on the state and local credit risks of high-volume hydraulic fracking of the Marcellus and Utica Shale Basins, located below New York, Ohio, Pennsylvania and West Virginia.  The report, available here, discusses the estimated economic impact from the recovery of these fossil fuel resources.  These resources are so large...

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