Eversheds Sutherland Coop Law Blog
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Coops Help as Oklahoma Rebuilds

Assisted by a dozen other coops, Oklahoma Electric Cooperative has begun repairs following the devastating tornados that hit the Oklahoma City area this week.  At least six substations are reported to have lost power after 200 mph winds tore through the area.  For more information about the scope of the outages and those involved in the repairs, click here.
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Michigan Coop Ends 12-Year Tax Dispute with Local Townships

Cherryland Electric Cooperative’s (Cherryland) 12-year litigation with three holdout local townships was settled in advance of a hearing before the Michigan Supreme Court.  The controversy, which concerned excess personal property taxes paid by cooperatives from 1999 through 2001, was caused by miscalculations from a flawed form provided by the Michigan Tax Commission.  Cherryland had previously settled with 50 to 60 other townships before a Michigan Court of Appeals.  Click here for more.
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Indiana Coop and CFC “Amend & Extend” Line of Credit

Hoosier Energy Rural Electric Cooperative (Hoosier), based in Indiana, and the National Rural Utilities Cooperative Finance Corporation (CFC) have finalized a deal to “amend and extend” a $400 million line of credit.  The line of credit, which has an original maturity date of August 11, 2016, will now remain in place through April 30, 2018.  Hoosier’s plans for the credit line include general corporate purposes and upgrades to existing projects.  Read more here.
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Coops Concerned with EPA Proposal for Power Plants

Electric coops are asking the Environmental Protection Agency (EPA) to withdraw its proposal which could greatly affect power plants under the Clean Air Act.  The proposal, which would involve at least 36 states, would “fundamentally” change how power plants operate during startups, shutdowns and malfunctions.  Electric Co-op Today has more details on the cooperatives’ efforts.
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Coops Advocate Water Heater Rule Change

Electric cooperatives are advocating that the Department of Energy (DOE) make changes to a new rule that would phase out large-capacity electric storage water heaters from demand management programs.  These water heaters save time and energy for cooperatives and provide significant reductions in wholesale power costs.  Currently, the DOE has offered one-year waivers for the water heater efficiency standards set to take effect in 2015, but cooperatives have argued that the waiver would not protect the water heaters used in load management.  Click here for more.
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Massachusetts Solar Project Obtains Important Financing

On May 13, Broadway Electrical Co., Inc. announced that its financial partner, Rockland Capital, LLC of Texas and New York, has secured $120 million in financing from Deutsche Bank and Key Bank for its solar energy projects planned for Cape Cod and Martha’s Vineyard.  This financing will provide for 37 MW of solar energy, including 24 MW for Cape & Vineyard Electric Cooperative, Inc.  Read more here.
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Texas Coop Positioned for Long-Term CFC Relationship

Bluebonnet Electric Cooperative, located in Bastrop, Texas, has refinanced $92 million of debt to borrow wholly from the National Rural Utilities Cooperative Finance Corporation (CFC).  Bluebonnet has decades of experience with the CFC, which has accommodated the coop’s changing financial plans and borrowing needs.  To learn more, click here.
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Obama Administration Proposes New Restrictions on RUS Financing

The Department of Agriculture announced a fiscal 2014 budget of $4 billion for the Rural Utilities Service (RUS) Electric Loan Program.  Of that amount, $3 billion would be earmarked for renewable energy projects with the remaining $1 billion held for environmental upgrades.  The proposed budget provides no money for other distribution or transmission projects, a void that lawmakers hope will be filled by banks and not-for-profit organizations.  Read more here.
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Coop Leaders Meet with President Obama to Discuss Response to Grid Reliability

On May 8, nearly three dozen electric utility executives met with President Obama to discuss ways to improve the industry’s ability to respond to major disruptions or threats to grid reliability, such as the outages that occurred with Superstorm Sandy.  The group discussed ways to better aid the collective response required at such times, including providing adequate food and lodging to out-of-area crews, ensuring the delivery and availability of fuel and other critical supplies to affected areas, and facilitating cooperation between industry and the government.  Read more here.
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EIA Expects Near-Term Upswing in Coal Generation

The Energy Information Administration (EIA) reports that the electric industry will see an increase in coal usage in 2013 and 2014 due to higher natural gas prices.  While coal will rise to approximately 40 percent of the industry’s fuel sources, production levels are expected to decline, largely due to reduced exports.  Click here for more information.
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Delaware Coop Agrees to Purchase Power from LFG Project

Delaware Electric Cooperative (DEC) has entered into an agreement to purchase 2 MW of power produced at the Delaware Solid Waste Authority’s landfill in Sandtown, Delaware. This is the first time that DEC will purchase energy directly from a landfill gas project.  The landfill gas project at the site is operated by Ameresco, which will expand the project by adding two new methane-fueled engines. Once completed, the expanded project will be capable of producing 5 MW of power.  To read more about this story, click here.
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Texas Utilities May Buy Surplus Solar Energy from Customers

A bill passed in the Texas Senate proposes that utilities pay Texas customers that generate excess solar energy a fair market price for their contributions to the electrical grid.  Under current law, if a utility does not voluntarily offer to buy excess solar energy, customers must negotiate directly with their providers to be compensated for the energy they add to the grid.  Read more here (subscription required).
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Illinois Coops Merge

Two Illinois electric coops, Jo-Carroll Energy, Inc. and Farmers Mutual Electric Company, have merged.  The integrated coop, Jo-Carroll Energy, will serve a combined 21,372 electric members and will be a 100-percent National Rural Utilities Cooperative Finance Corporation borrower.  Click here for more.
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Coop Building Peaking Stations in North Dakota

Basin Electric Power Cooperative (Basin Electric), with headquarters in Bismarck, North Dakota, is building two new 45-MW, natural gas-fired peaking stations to help meet the increased demand for electricity.  The Pioneer Generation Station, which is being built about 15 miles northwest of Williston, is scheduled for commercial operation in June.  The Lonesome Creek Station, which is being constructed about 15 miles west of Watford City, is scheduled for commercial operation in late July.  Basin Electric’s recent 2013 load forecast showed that the majority of growth is in northwest North...
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