Eversheds Sutherland Coop Law Blog
content top

New Mexico Coop Official Ousted by Trustees

In a move that is being contested as a violation of the coop’s rules, three trustees of the Mora-San Miguel Electric Cooperative voted to oust Alex Romero from his position as chief executive officer and general manager.  Romero and Board Chairman Diego Quintana are calling the action illegal and “a hostile takeover.”  Click here for an explanation of the vote and the potential reasons for it.
Continue Reading

North Dakota Sees Rapid Electric Coop Growth

North Dakota’s rural economic development is being sparked by the state’s oil and gas boom, which is benefiting electric coops.  The Public Service Commission in the state has now approved two additional units for a Basin Electric Power Cooperative power plant.  These two units will add 90 MW of capacity by late 2014, a much needed step towards keeping up with the unprecedented load growth in the area.  For more information on this plant and the transmission needs to accommodate its new capacity, click here.
Continue Reading

Texas Coop Settles Suits from 2011 Labor Day Fire

Texas-based Bluebonnet Electric Cooperative (Bluebonnet), which was accused of negligence in one of the most destructive fires in Texas history, has settled a number of lawsuits filed as a result of the 2011 Labor Day fire.  The fire, which burned about 34,000 acres and resulted in two deaths, was caused when fallen trees knocked down Bluebonnet power lines, sparking a wildfire, according to a Texas Forest Service report.  Bluebonnet is also pursuing a case of its own against the tree-trimming company charged with maintaining vegetation along its power lines.  For information on the...
Continue Reading

New Mexico City to Receive Power from Coop

The City of Gallup, New Mexico, will buy its wholesale power from Continental Divide Electric Cooperative (CDEC) after its City Council voted unanimously to award CDEC an eight-year contract.  Four other bidders sought the contract, and Public Service Company of New Mexico (PNM)  has been Gallup’s provider for more than 50 years.  Gallup will save about $6.4 million during the first year of the contract, compared to what it pays under its current one-year agreement with PNM.  Click here for more.
Continue Reading

CoBank’s “Sharing Success” Renewed for 2014

CoBank has announced that it is renewing its “Sharing Success” charitable contribution program for 2014.  CoBank’s board has committed $3 million to the program, which will be used to match donations by cooperative customers to non-profits in their communities.  Click here for more information.
Continue Reading

Creditors and Bankrupt Coop Reach Agreement

Southern Montana Electric Generation and Transmission Cooperative, which filed for bankruptcy almost three years ago, and its creditors recently agreed to terms that would keep rates at current levels, involve the sale of idle generation assets near Great Falls, Montana, and allow the coop’s four smaller member coops to break up after four years.  The agreement must still be approved by the bankruptcy court.   The Helena Independent Record has more on this story.
Continue Reading

An End in Sight for Local Jurisdictional Dispute

The city council for McLeansboro, Illinois, appears ready to settle a multi-year lawsuit against Wayne-White Electric Cooperative and a local school district alleging that the coop impinged on the exclusive rights of the municipal electric utility to serve the local high school.  Details on the settlement are not yet available; the parties are reviewing and considering ratification of the settlement.  Click here for more information.
Continue Reading

New Mexico Coop Under Fire for Wildfire

Local ranchers sued the Mora-San Miguel Electrical Cooperative in state court alleging that the coop failed to trim or remove trees that ultimately damaged power lines and caused a large wildfire in the area last summer.  The Albuquerque Journal has the full story.
Continue Reading

ODEC Receives Approval for 1,000-MW Natural Gas-Fired Plant

Old Dominion Electric Cooperative (ODEC), a Virginia-based G&T, obtained approval from the Maryland Public Service Commission for its planned 1,000-MW natural gas-fired plant to be built in Cecil County, Maryland.  The project, known as the Wildcat Point plant, is expected to come online by June 2017 and will be built next to the existing Rock Springs generating facility in Rising Sun, Maryland.  The plant is part of ODEC’s long-term plan to increase capacity to meet growing electricity sales.  Read more about this project here.  For more background on this project, see the Sutherland...
Continue Reading

Coop Pension Bill Passed in House

The U.S. House of Representatives has passed the Cooperative and Small Employer Charity Pension Flexibility Act (H.R. 4275).  This Act makes permanent a temporary exemption for rural cooperative “multiple-employer” defined benefit plans and similar plans for other not-for-profit organizations from the Pension Protection Act.  The Act will next go to the President for enactment.  For more information, see Pensions & Investments Online or the National Rural Electric Cooperative Association’s press release.
Continue Reading

Coops Collectively Investing in 517-kW Solar Project

Four electric utility coops in the Midwest will become joint owners of a 517-kW solar project developed by Dragonfly Solar, a commercial solar developer based in Lakeville, Minnesota, and SolarWorld, the largest U.S. solar manufacturer.  This is the first U.S. solar project to be jointly owned and developed by utility coops.  For more details and to see which four coops are involved, click here.
Continue Reading

CFTC Issues No-Action Relief From De Minimis Threshold for Certain Swaps

The Commodity Futures Trading Commission (CFTC) issued temporary no-action relief from the $25 million special entity de minimis threshold used to determine “swap dealer” status under the CFTC’s swap regulatory regime.  The no-action relief applies only to certain swap transactions described in the no-action letter and remains in effect until the CFTC rules on a petition filed by industry trade associations in response to the $25 million threshold.  For more information, click here.
Continue Reading

Electric Coops Seek FCC Funding for Broadband Projects

More than 100 electric cooperatives, sparked by an initial inquiry by Michigan-based Midwest Energy, have filed an “expression of interest” with the Federal Communications Commission (FCC), indicating that they are interested in receiving aid through the Connect America Fund to build broadband projects in their communities.  Seventy-three percent of the 20 million Americans without access to broadband live in rural areas.  Click here for more.
Continue Reading

FERC Approves Revisions to Definition of Bulk Electric System

The Federal Energy Regulatory Commission (FERC) recently approved revisions by the North American Electric Reliability Corporation (NERC) to its definition of “bulk electric system,” effective the first day of the second quarter after issuance of the order.  The definition largely dictates which facilities are within NERC’s jurisdiction as FERC-Certified Electric Reliability Organizations, and therefore subject to NERC Reliability Standards.  Click here for more.
Continue Reading