Eversheds Sutherland Coop Law Blog
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Supreme Court to Consider Cross-State Air Pollution Rule

The U.S. Supreme Court has agreed to weigh in on the Environmental Protection Agency’s (EPA) Cross-State Air Pollution Rule.  This rule aims to limit emissions of sulfur dioxide and nitrogen oxide produced from coal-generated power in upwind states, which in turn hampers downwind states from meeting national ambient air quality standards in accordance with the Clean Air Act’s “good neighbor” provisions.  The U.S. Court of Appeals for District of Columbia Circuit threw out the rule for its “over-control” by the EPA.  The National Rural Electric Cooperative Association joined in a May 29 brief...
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Coop Seeks Buyers or Offtakers for Two of Its Coal-Fired Facilities

Anticipating certain reductions in load, Big Rivers Electric Corporation is looking for other options for its Kenneth C. Coleman Station (443 MW) in Hawesville, Kentucky, and D. B. Wilson Station (417 MW) in Centertown, Kentucky.  The Hancock Clarion has more on this story.
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Arkansas Coop Extends $250 Million Syndication with CFC

Arkansas Electric Cooperative Corporation recently closed an Amend and Extend agreement with the National Rural Utilities Cooperative Financing Corporation (CFC), locking in current pricing and extending the maturity date of its $250 million credit facility to June 2016.  Both parties were pleased with the speed and efficiency of utilizing the Amend and Extend transaction, which was completed in roughly three weeks, as compared to a traditional renewal of a syndicated facility, which typically takes six to eight weeks.  To read more, click here.
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NRECA Warns CFTC Not to Expand Definition of “Swap Dealer”

The National Rural Electric Cooperative Association (NRECA) has signed on to a letter with other energy trade associations insisting that the Commodity Futures Trading Commission (CFTC) refrain from lowering the swap threshold from $8 billion to $3 billion.  This change would have the effect of expanding the definition of “swap dealer” to include commercial end-users.  Such an expansion would include gas and electric utilities, and would cause their cost of doing business to rise.  These costs could be passed on to cooperatives that participate in financial transactions with such entities. ...
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NRECA to Oppose Certain Power Plant Rules in Obama Climate Plan

Due to concerns that power plant regulations would impose enormous costs on vulnerable citizens, the National Rural Electric Cooperative Association (NRECA) has stated that it intends to oppose any effort to use Obama’s Clean Air Act to reduce carbon dioxide emissions.  While the climate plan, which was slated for release on June 25, has been widely expected to address rules to limit greenhouse gas emissions from power plants, implementing those rules will be fraught with opposition.  For more details on the climate plan and potential challenges to its implementation, click here.
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House Will Consider Coal Ash Bill

The House Energy and Commerce Committee voted on June 20 in favor of a measure that would set up a new state-run program to manage and dispose of coal ash.  The vote will send a bill, backed by the National Rural Electric Cooperative Association, regulating coal ash impoundments at power plants to the House floor for the second time in less than three years.  The Environmental Protection Agency (EPA) previously said that it might consider applying federal hazardous waste regulations to facilities that store coal ash, a common byproduct of coal-based plants.  The EPA’s statement, however, was...
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Metal Theft Prevention Act Heads to the U.S. Senate

After clearing the Senate Judiciary Committee, the Metal Theft Prevention Act, S. 394, is on its way to the full Senate.  If the bill is passed, metal theft would become a federal crime, and metal recyclers and other purchasers would be required to take additional steps to ensure that scrap metal was lawfully obtained by would-be sellers.  The bill has bipartisan support in Congress and is supported by the National Rural Electric Cooperative Association.  Electric Co-op Today has the full story.
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Coops Continue to Monitor Wildfires

Cooperatives in the mountain west region of the United States, including Mountain View Electric Association and Tri-State Generation and Transmission Association, continue to monitor the Black Forest fire in Colorado and several other blazes in Colorado and in New Mexico.  The cooperatives are concerned about fire season but have not experienced any significant damage to their transmission systems.  To read more about this story, click here.
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Warning Issued for Virginia Utility Billing Scam

Virginia Attorney General Ken Cuccinelli has issued a warning about scam phone calls from people claiming to be employees of Dominion Virginia Power, Shenandoah Valley Electric Cooperative or Rappahannock Electric Cooperative, threatening to shut off electric service unless a delinquent bill is paid within a matter of hours.  The scammers then instruct customers to buy a prepaid debit card, load money onto the card and pay over the phone.  For more information about the scam and for numbers to call to report or inquire about any suspicious phone calls, click here.
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Pedernales Names New CEO

John Hewa, vice president of research, engineering and technical services for the National Rural Electric Cooperative Association, has been chosen to take the reins at Pedernales Electric Cooperative, Inc., the nation’s largest distribution electric coop.  Hewa’s appointment as chief executive officer is effective July 22.  In his new role, Hewa will be responsible for 250,000 meters over an 8,100-square-mile service territory.  For more on this story, click here.
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Nevada Governor’s Veto is Good News for Coop

Valley Electric Association (VEA) will remain outside the regulatory authority of the Public Utilities Commission of Nevada thanks to a veto by Governor Brian Sandoval.  Assembly Bill 391 would have added another layer of regulatory oversight to several VEA projects and contracts.  For more on this story, click here.
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NRECA Backs Potential Senate Deal on Federal Building Efficiency

The National Rural Electric Cooperative Association (NRECA) is supporting bipartisan legislation to repeal a law ending fossil energy use in new and renovated federal buildings by 2030 and replace it with legislation to expand existing efficiency goals.  A June 3 letter sent by NRECA and eight trade organizations to members of the U.S. Senate stated: “These provisions would give federal building energy managers flexibility to achieve reductions in federal energy consumption in a cost-effective manner, encourage the adoption of energy efficient technologies and practices, and spur the...
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NRECA Comments on Proposed Changes to Small Generator Interconnection Procedure

The National Rural Electric Cooperative Association (NRECA), along with other utility trade associations, submitted comments on a proposed rule by the Federal Energy Regulatory Commission to expand the interconnection procedures for small generators.  Current interconnection standards provide for an expedited process given the low reliability risk attributed to small generators.  The comments stressed the need for system differences at the regional and utility-specific level to be considered in developing any revised procedures.  Read more here.
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USDA Announces More Than $356 Million in Coop Loans

The U.S. Department of Agriculture (USDA) recently announced its latest round of funding for rural electric projects.  The funding totals more than $356 million in loans and includes more than $15 million for smart grid investments.  Click here to learn more about the coops that will receive the funding and the projects contemplated.
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