Eversheds Sutherland Coop Law Blog
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Revived Nuclear Site Bill Introduced in Missouri

A recently proposed bill in the Missouri Senate would permit Ameren-Missouri and its group of for-profit utilities and coops to charge ratepayers up to $45 million for the costs of pursuing an early nuclear site permit.  Supporters of the bill hope to expedite the development of a second nuclear reactor in Callaway County by seeking an early site permit from the Nuclear Regulatory Commission.  The bill includes consumer protection provisions to ensure customers get their money back in the event the plant is not built, but opponents of the bill are calling it a “bailout” for Ameren.  Read...
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Kentucky Rural Investment Bill Making Progress

A proposed bill to allow the use of private investment by coops is moving through the Kentucky legislature.  Similar to laws passed in Tennessee and several other states, supporters of the proposed bill say it will promote new forms of investment and invigorate the state’s growing biofuels industry.  Click here for more information.
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CFTC Chairman Mentions Possible Exemption of Coops from Dodd-Frank

In testimony before the U.S. House Committee on Agriculture, the Chairman of the Commodity Futures Trading Commission (the “CFTC”) briefly mentioned that the CFTC was considering exempting rural electric cooperatives from certain provisions of the Dodd-Frank regulations.  The complete testimony can be found here.
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Facility Owners Should Heed New Cybersecurity Legislation

The push for new legislation to combat cybersecurity threats appears to be gaining steam in Congress.  While election year politics, competing legislative priorities and other roadblocks may ultimately derail these legislative efforts, owners of critical infrastructure should take heed: Facility owners would be subject to “performance requirements,” certification requirements and third-party audits under new regulations required by pending legislation.  Read more.
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New Hampshire Coop Customers Bring Suit Over “Smart Meters”

A group of eight customers of Plymouth-based New Hampshire Electric Cooperative have brought suit in Grafton County Superior Court, arguing that they should have the option to refuse to have so-called “smart meters” installed at their homes.  The plaintiffs are concerned about possible negative health consequences from exposure to electromagnetic radiation emanating from the meters.  Coop officials countered that the plaintiffs have failed to claim “smart meters” violate any federal, state or local law.  Read more here.
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Cross-State Air Pollution Rule Lawsuit Gains Steam

The National Rural Electric Cooperative Association and several G&Ts have joined in a lawsuit challenging the U.S. Environmental Protection Agency’s Cross-State Air Pollution Rule.  The new rule sets emissions caps and procedures for nitrogen oxides and sulfur dioxide that contribute to ozone formation in 27 eastern states and uses a system of tradable emissions allowances. The U.S. Court of Appeals for the District of Columbia issued a stay on the rule just days before it was scheduled to take effect at the beginning of January.  To read more about the new regulations and the lawsuit...
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Partnership Continues to Promote Kansas Transmission Projects

ITC Great Plains, LLC, Sunflower Electric Power Corporation and Mid-Kansas Electric Company, LLC will continue their partnership efforts to build transmission projects in Kansas.  The parties expanded their existing partnership agreement to give ITC Great Plains the exclusive option to build projects that Sunflower and Mid-Kansas choose not to construct. Click here for the full story.
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G&T Coops Feel the Sting of Low Natural Gas Prices

Natural gas prices have hit record lows, a trend that likely will not change any time soon due to the mild winter and the glut of domestic supply.  This may be good news to some.  However, generation and transmission coops – which generate only 12 percent of their electricity from natural gas – are now facing the rare challenge of seeing their mainstay coal units edged out by currently less expensive natural-gas-fired units.  Click here for more information about historical gas prices and the ways that coops are hedging against market volatility.
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NRECA Expresses Concern Over Compliance Deadlines for Utility Mercury Air Toxics Standards

In a press release, the National Rural Electric Cooperative Association (NRECA) highlighted the problems coops face in complying with deadlines for new mercury air toxics standards for utilities. The NRECA warns of the higher costs that will result when coops have to purchase substitute generation in the wholesale markets in the event they are unable to comply with the ambitious deadlines set by the Environmental Protection Agency.
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Dispute Between Native American Tribe and Coop Over Fees for Right-of-Way

The Continental Divide Electric Cooperative and the Pueblo of Acoma in New Mexico are involved in a dispute over what fees the coop must pay to enter the tribe’s land to serve its customers. A 50-year agreement giving the coop access to the land expired in 2002, but the parties have been unable to reach a new agreement. The Pueblo of Acoma recently filed claims with the tribal court and the stat’s Public Regulation Commission seeking $5.7 million the tribe claims it is owed based on the coop’s continued use of tribal lands. The Cibola Beacon is covering this story.
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Board of Supervisors to Reconsider Opposition to Virginia Coal Plant

The Isle of Wight County Board of Supervisors’ may rescind a November 2011 resolution opposing a proposed $6 billion coal-fired generation plant.  The Board had opposed the Old Dominion Electric Cooperative project in Surry County, Virginia, due to environmental and economic development concerns. The Board, now composed of new, will revisit its position regarding the plant this week. Read more.
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Budget Reform Bill Could Impact RUS Lending

A budget reform bill passed by the U.S. House of Representatives may place unnecessary limits on Rural Utilities Service (RUS) lending to electric coops, according to the National Rural Electric Cooperative Association (NRECA).  The bill, H.R. 3581, is intended to incorporate market risk into the cost of government credit programs, such as Freddie Mac and Fannie Mae, but would also sweep in lending programs like the RUS Electric Loan Program.  Because coops have a track record of prompt loan repayment and because of increasing electricity costs to end users, the NRECA is urging lawmakers to...
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Kansas Officials Working on Disaster Fund That Would Benefit Coops

Kansas lawmakers are working with the state’s governor to establish a fund to cover the state’s share of expenses from federally declared disasters, after millions owed to electric coops from storms in 2011 went unpaid.  Kansas governor Sam Brownback wants to use $12 million from tax collections each year to establish a rainy day fund to avoid the situation the state faced in 2011 when lawmakers failed to finance $27 million in payments that Kansas owed for its share of disaster-related expenses. The Associated Press has more on the proposed fund.
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Missouri Coop Becomes CFC’s Latest 100 Percent Borrower

The National Rural Utilities Cooperative Finance Corporation (CFC) has closed a $133 million transaction for Missouri-based White River Valley Electric Cooperative (WRVEC).  As a result of the deal, WRVEC has become CFC’s latest 100 percent borrower.  WRVEC’s board of directors reportedly backed the move because it will result in significant savings to the coop and will ensure flexible funding options in the years ahead.  To read more about the deal, click here.
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