Eversheds Sutherland Coop Law Blog
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Massachusetts Coop Holds Groundbreaking Ceremonies for Solar Energy Projects

This week Cape & Vineyard Electric Cooperative held groundbreaking ceremonies for six of eight solar energy projects it has underway in several Cape Cod and Martha’s Vineyard towns.  The cooperative is hopeful that these eight projects will be operational by spring.  Most of the projects are placed on capped landfills and are expected to generate 16 MW of energy.  The cooperative plans to undertake a second round of similar projects in the next six months that could generate approximately 20 MW of energy.  Read more here.
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Oklahoma Coop Purchases Wind Power

Apex Clean Energy, a privately held renewable power developer, has agreed to sell 100 megawatts of wind power from its Balko wind farm in Oklahoma to Western Farmers Electric Cooperative.  With this agreement Apex has sold all of the wind power capacity from the 300-MW Balko wind farm, which is expected to enter service in 2015.  The Balko facility is located in Beaver County and will produce enough electricity to power more than 110,000 homes.  Reuters has the full story.
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Vermont Coop to Build 5-MW Solar Project

The Vermont Electric Cooperative (VEC) is hoping to build the state’s largest utility-owned solar power project as part of a broader effort to help reduce the state’s dependence on fossil fuels.  VEC is working with 14 other coops across the country on the 5-MW project in a first-of-its-kind initiative to make solar energy cost-competitive with other forms of electricity by the end of the decade.  The U.S. Department of Energy will provide $3.6 million through its SunShot Initiative, while the National Rural Electric Cooperative Association, the coops and other groups will share $1.2 million...
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Alaska Coop to Buy Private Utility

The Regulatory Commission of Alaska has recently approved an asset purchase agreement in which Alaska Village Electric Cooperative will buy the assets of Bethel Utility Corp., a privately owned utility.  This acquisition will boost the Anchorage-based coop’s overall demand for electricity by more than 50 percent and resulting in savings for new members.  Read more here.
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Native American Reservation Reaches Settlement with New Mexico Coop

Northern Rio Arriba Electric Coop (NORA) has reached a deal with the Jicarilla Apache Nation for the Nation to purchase all of NORA’s infrastructure on the Northern New Mexico reservation.  This settlement effectively ends two years of litigious hostilities between the utility and the Nation, whose lawyers said Nation officials are displeased with NORA’s service and are ready to end a franchise agreement.  As part of the settlement, the Nation pledged to cease its eminent domain complaint against NORA in Jicarilla Tribal Court.  For more details and potential implications, click...
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Alaska Power Regulators Deny Wind Farm Complaint Against Coop

The Regulatory Commission of Alaska (RCA) has rejected an informal complaint filed by Alaska Environmental Power LLC (AEP), an independent wind farm, against electric utility Golden Valley Electric Association (GVEA).  AEP is unhappy with how GVEA determines when to purchase power from independent producers.  In the complaint, AEP argues that the GVEA’s methods shut out independent power producers by not using an incremental cost calculation in which high-cost power sources would be replaced first.  The coop uses a cost calculation that averages the cost of power produced across multiple...
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Iowa Coop Continues to Pursue Solar

When Farmers Electric Cooperative (Farmers) completes the solar farm it is planning to build on nine acres of land near its headquarters, the project will be the largest solar farm in Iowa.  The coop has also embraced a community solar farm where its customers can purchase panels and get credit for the future output.  Additionally, residents will be allowed to install solar power at their homes and businesses.  All of these programs are part of Farmers’ goal of obtaining 15 percent of its needs from renewable sources by 2015.  The Press-Citizen has the full story.
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U.S. Forest Service Seeking $38 Million Reimbursement from Coop for Wildfire

The U.S. Forest Service has sent a $38 million bill to Jemez Mountains Electric Cooperative in connection with the agency’s firefighting and remediation efforts involving the 2011 Las Conchas Fire.  This move comes even as the Forest Service has been named in a related lawsuit for its role in vegetation management along the power lines where the fire began.  The Santa Fe New Mexican is covering this story.
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Basin Electric Signs PPAs for Wind Generation

Basin Electric Power Cooperative (Basin Electric) has agreed to purchase power from two wind projects currently being developed in North Dakota, which will provide a combined capacity of 278 MW.  Their addition will bring Basin Electric’s generation portfolio to more than 1,000 MW.  The new facilities are scheduled to be operational by the end of 2015.  For more information about the developer and the agreement with the coop, click here.
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Sutherland Webcast: NIST’s Preliminary Cybersecurity Framework – Impact on Energy Companies

Cybersecurity and the protection of critical infrastructure are major concerns for the energy industry.  New government regulations and guidance are in the works under the President’s Cybersecurity Executive Order, including the National Institute of Standards and Technology’s (NIST) Cybersecurity Framework.  NIST released its Preliminary Framework on October 22.  Join Sutherland attorneys for a webcast on November 14 as they explain the Framework and what it means for energy companies.
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eBay the Cooperative Way

Basin Electric Power Cooperative has launched Surplus MarketPlace, an eBay-like website, to sell its surplus materials, such as office furniture, vehicles, and plant equipment.  Learn more by clicking here.
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New Mexico Coops Face Additional Claims in Wildfire Suit

As last reported by the Sutherland Coop Team on September 19, 2012, Jemez Mountains Electric Cooperative (JMEC) and Tri-State Generation and Transmission Association are among the entities facing claims that a 2011 wildfire caused millions of dollars in damages.  Claimants argue that the fire started because a power line was downed by a tree that JMEC should have cleared.  To learn more about this developing story, click here.
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NCSC Funds Two Solar Projects for Hawaii Coop

Kaua‘i Island Utility Cooperative (KIUC) will break ground this week on one of two planned solar photovoltaic (PV) power plants on the island of Kaua‘i, Hawaii.  The National Cooperative Services Corporation (NCSC) has advanced initial funding for the estimated $40 million project, which will be the largest utility-scale solar facility in Hawaii and will meet an estimated 5 percent of KIUC members’ annual energy needs after its completion next year.  The new plant is part of an initiative by KIUC to offset the expense of diesel and naphtha-fueled power generation with renewable generation...
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Pedernales to Distribute Nearly $13 Million in Capital Credits

The Pedernales Electric Cooperative (PEC) Board of Directors recently approved a capital credits distribution of more than $12.7 million to current and former PEC members after the Board reviewed the coop’s fiscal health and determined the distribution would not have any adverse impact on PEC.  The distribution of capital credits, which reflect member ownership in PEC, will vary from member to member because capital credits are based on the dollar amount of electricity a member purchases.  The Herald-Zeitung has more on this story, including an explanation of how the credits break down for...
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