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New Mexico Electric Cooperative Strives to Comply with Sunshine Laws

For the second time this month, Socorro Electric Cooperative’s board of trustees held a meeting in an effort to comply with a revised set of bylaws that require the coop to follow sunshine laws.  The board is having difficulty giving final approval on changes to their policies affected by the bylaw changes due to the lack of recording the outcome of votes during past meetings. To read...

North Dakota May See Federal Takeover of Regional Haze Rules

The Environmental Protection Agency (EPA) plans to file a notice on August 18 to take over the state’s authority to manage federal regional haze rules. Federal and state regulators disagree on which technology Minnkota Power Cooperative and Basin Electric Power Cooperative must install to reduce certain power plant emissions. The Bismarck Tribune has the full story.

Proposed Derivatives Rules Designed for Wall Street May Apply to Coops

In a hearing before the House Committee on Agriculture, a number of Representatives questioned the chairman of the Commodity Futures Trading Commission about the scope of proposed derivatives rules under Dodd-Frank.  Despite the chairman’s assurances, many fear that coops and utilities will be regulated as swap dealers under the proposed rules.   Law 360 has the full story...

Coop Vice President Testifies on Impact of Proposed EPA Regulations

Ms. Barbara Walz, the senior vice president for policy and environmental issues at Tri-State Generation and Transmission Association, Inc., testified to the U.S. Senate Environment and Public Works Committee on Thursday about the impact of proposed EPA pollution regulations on her organization.  Tri-State, based in Colorado, is a member-owned electric coop.  Ms. Walz argued that the...

Price Gouging Allegations Brought Against Railroads

A coal mining company has sued two railroad companies alleging anticompetitive practices that result in unjustifiably high shipping costs for coal. Coops have made similar charges in the past and the National Rural Electric Cooperative Association supports proposed legislation that seeks to end the railroads’ safe harbor from traditional court challenges. Read more.

NRECA Requests Extension of EPA Mercury-Rule Public Comment Period

NRECA and the American Public Power Association have requested that the public comment period for a new Environmental Protection Agency rule related to mercury and other hazardous air pollutants, such as nickel and cadmium, be extended from July 5 to September 5.  More details can be found here.

Review of Transmission Incentive Policies May Prompt Narrower Scope and Fewer Benefits

As explained by Sutherland attorneys in this legal alert, FERC has issued a Notice of Inquiry that asked for industry input on transmission investment pricing policies. The Notice of Inquiry asks whether the rate incentives provided under FERC’s transmission investment pricing policies effectively encourage the development of transmission infrastructure. Comments will be due 60...

Member-Approved Bylaws Pass Judicial Scrutiny

A New Mexico Supreme Court-appointed judge has upheld three member-approved bylaws aimed at increasing transparency at the Socorro Electric Cooperative. Under the new bylaws, which the judge found properly and legally enacted, the coop is subject to open meeting laws. Socorro Electric’s arguments against the bylaws focused on the significant burden they would place on the coop and its...

Energy Firms Concerned About the Impact of Dodd-Frank

Many members of the energy industry have voiced concern about proposed financial reform rules, but the U.S. Commodity Futures Trading Commission has not shown much willingness to keep the rules from affecting the industry, according to energy executives. Specifically, many energy firms want the CFTC to narrow its proposed definition of “swap dealers,” which energy representatives say...

Cooperative Among Participants at Congressional Hearing on the Future of Hydropower Generation

The House Natural Resources Subcommittee on Water and Power held a hearing Wednesday to discuss the legal and regulatory barriers to increased hydropower generation. Consumers Power, Inc., an Oregon cooperative, was among the participants and noted concerns about overgeneration related to the rapid increase of wind being generated in the region. For CPI’s complete testimony, click...

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