Eversheds Sutherland Coop Law Blog
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Montana Lawmakers Propose Legislation to Increase Transparency of Cooperative Decisions

In reaction to the bankruptcy of Southern Montana Electric Generation and Transmission Cooperative, Montana lawmakers are proposing legislation designed to increase the transparency of Montana’s electric cooperatives.  The proposed legislation would require a two-thirds vote of the member coops before financing certain power generation proposals.  Each of the member coops would be required to obtain approval from two-thirds of its board members.  More details on the proposed legislation may be found here.
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Federal Loans Could Cut Rural Electric Bills

The U.S. Department of Agriculture is proposing a new federal loan program that would make federal loans available for rural electric coops to distribute to customers who want to make their homes and businesses more energy-efficient.  A version of the program was piloted in South Carolina.  There, 125 rural homeowners received loans averaging $7,200 to seal air leaks and replace inefficient heating and air-conditioning systems.  The electric coops of South Carolina secured the federal funds for the loans and are billing customers for repayment on their monthly utility statements.  The...
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Radioactive Waste to be Removed from Inactive Dairyland Power Nuclear Plant

Dairyland Power Cooperative’s La Crosse nuclear power plant in western Wisconsin, inactive since 1987, is finally being emptied of its nuclear waste.  The waste has been maintained on site in “wet storage.”  The transfer of the waste to sealed concrete-lined storage tanks is estimated to cost as much as $45 million, which includes careful planning for contingencies such as earthquakes or power outages.  Read more here.
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Georgia Coops No Longer Investing in Plant Washington

Power4Georgians has announced that Colorado-based private investment group Taylor Energy Fund LLC has assumed the cost of bringing a new coal-fired power plant, Plant Washington, to construction, relieving 10 Georgia coops of that obligation.  The 850-megawatt plant is estimated to cost $2.1 billion and would be the first coal-fired plant built in Georgia in more than a quarter century.  The plant has already received all of its state environmental permits, but the extent of its environmental requirements is not entirely clear.  Click here for more.
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Utility Industry Groups Sue Over FERC Demand Rule

Utility industry groups are claiming that the Federal Energy Regulatory Commission (FERC) exceeded its regulatory power when it introduced the compensation policy for power demand resources.  The final rule allows demand response providers to receive the same compensation as conventional power plants, regardless of the type of power generated.  The Electric Power Supply Association (ESPA), the American Public Power Association (APPA), the National Rural Electric Cooperative Association (NRECA) and a host of other utility industry groups have filed suit in the U.S. Court of Appeals for the...
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Concerns Remain About Coops’ Potential Liability Under New CFTC Swap Rule

The National Rural Electric Cooperative Association (NRECA) has expressed concerns that the Commodity Futures Trading Commission’s (CFTC) long-awaited final rule on which energy transactions it will regulate as “swaps” leaves many questions unanswered.  Several types of energy sector contracts, such as capacity, reserve sharing, renewable energy certificates and emission attributes, could be considered as regulated swaps, according to the NRECA.  However, Russ Wasson, the NRECA director of tax, finance and accounting policy, says the CFTC’s new “products definition” issuance does contain...
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Coops Conduct Meeting to Prepare for Potential Merger

Western Illinois Electrical Cooperative (WIEC) and Adams Electric Cooperative are considering a merger that could lower power supply costs and shorten the duration of outages for members of both coops.  At a June 28 meeting with WIEC coop members, managers from both coops discussed the benefits of a possible consolidation.  The merger would ultimately be decided by a two-thirds vote of the quorum of members present at a meeting that would be scheduled for next spring.  Click here for more details.
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Rural Coops Positioned for Loan Guarantees

Coops in 15 states will receive loan guarantees from the U.S. Department of Agriculture’s Rural Development program.  The funds will help coops improve generation and transmission facilities and implement smart grid technologies.  This batch of funding provides more than $10 million in smart grid technologies and is part of a larger USDA Rural Development funding goal of approximately $250 million.  Read the full story here.
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Western Farmers Electric Coop and Other Oklahoma Utilities Seek Regional Marketplace

Western Farmers Electric Cooperative and other Oklahoma utilities are working to create a regional marketplace to buy additional power.  Southwest Power Pool, a regional transmission organization, would be responsible for getting more power, at the best price, under the program.  A Southwest Power Pool representative explained the move as akin to a “carpool system.”  NewsOK has more details.
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Oklahoma Coop Puts 18-Mile Transmission Line and Substation into Service

Western Farmers Electric Cooperative, an Oklahoma coop, in conjunction with ITC Great Plains LLC, has energized its Hugo-Valliant high-voltage electric transmission line and substation.  The 18-mile, 345,000-volt line and 345 kV/138 kV substation are located in southeastern Oklahoma.  The Sacramento Bee has additional details.
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Coops Tell Department of Energy Why Water Heaters Justify New Classification

The Department of Energy (DOE) has solicited comments from coops across the country to explain whether the cost-saving benefits of their demand response programs justify a new classification for large-capacity electric resistance water heaters under DOE regulations.  Read more, including some of the specific comments, at Electric Co-op Today.
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FERC Transmission Rule Source of Controversy

An investor-owned utility association, Edison Electric Institute, has requested that a federal court review the Federal Energy Regulatory Commission’s (FERC) controversial rule meant to spur new transmission investment.  The rule requires utilities to create regional plans and a framework for cost allocation.  The rule also introduces competitive bidding and new compliance requirements.  FERC has justified the rule on the basis that a more “top down” approach to regional planning is better and would foster more renewable power projects.  Law360 has more (subscription...
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Colorado Coop Rebuilds After Fire Losses

Poudre Valley Rural Electric Association, based in Fort Collins, Colorado, is now facing the daunting task of rebuilding a portion of its distribution system that the High Park fire destroyed.  Worse yet, the coop recently completed a costly reliability update on this distribution system.  The coop estimates it could take four to six weeks and more than $3.5 million to repair the damages.  Click here for more.
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More Wind Power for Oklahoma Coop

The Rocky Ridge wind farm located in Kiowa and Washita counties is operational, producing up to 150 MW of electricity being purchased by Western Farmers Electric Cooperative.  The Oklahoma wind farm increased Western Farmers’ wind portfolio to approximately 16 percent of its entire combined generating and purchased power capacity.  NewsOK has the full story.
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