Eversheds Sutherland Coop Law Blog
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Great Lakes Energy Cooperative Adopts Resolution to be Member Regulated

Great Lakes Energy Cooperative will enter into discussions with the Michigan Public Service Commission on how to handle its transition to a member-regulated entity.  The utility will become member-regulated in March assuming Great Lakes meets the notice and hearing requirements under Michigan’s Electric Cooperative Member-Regulation Act.  Great Lakes’ member-consumers support the coop’s decision to make this transition.  See the Public Service Commission’s Order for more information.
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Equal Employment Opportunity Commission Files Suit Alleging Religious Discrimination by Coop

According to the government’s suit, Ozarks Electric Cooperative Corporation violated Title VII of the Civil Rights Act of 1964 when it fired an employee who is a Jehovah’s Witness.  The government filed its suit in the U.S. District Court for the Western District of Arkansas on January 26.  For more information about the allegations, see the Equal Employment Opportunity Commission’s press release.
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Oregon Coop Looks to Change State Law

Umatilla Electric Cooperative hopes to change a 2007 state law to avoid raising customer rates to meet a state-mandated renewable energy portfolio.  Currently Umatilla is a “small” energy provider under the law, but an increase in large customers, particularly Internet data centers, may force the coop into the “large” category.  Umatilla would face approximately $40 million in added costs under the new category. Read more.
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SWEPCO Signs Up for Wind Energy

Pursuant to a court settlement over a 600-MW, coal-fired generation plant in Arkansas, Southwestern Electric Power Company (SWEPCO) has entered into a power purchase agreement for 359 MW of wind energy.  The settlement required the Arkansas plant developers to add 400 MW of renewable capacity by 2015.  The majority of the wind generation will come from Oklahoma.  Other generation sites are located in Texas and Kansas. Read the full story (subscription required).
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Vermont Coops Spurn Potential Transmission Control Shift to Green Mountain Power

In light of a possible merger of Vermont’s two largest utilities to form new entity Green Mountain Power, Vermont municipals and coops are debating who will control the state’s transmission utility, Vermont Electric Power Company (VELCO).  Through petitions before the Vermont Public Service Board, both municipals and coops are urging the Board to prevent Green Mountain Power from controlling up to 80 percent of the state’s transmissions lines, a move that may oust smaller entities from representation on the VELCO board.  Read more here.
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NRECA Asks FERC to Reconsider Order Against Iowa Coop

The National Rural Electric Cooperative Association (NRECA) has asked the Federal Energy Regulatory Commission to reconsider a recent order, which requires Midland Power Cooperative, based in Jefferson, Iowa, to obtain FERC’s authorization before disconnecting retail service to a local couple. The coop initiated the disconnection when the couple, who operate a small wind turbine in the coop’s territory, refused to pay their bill for back-up power.  The couple claim they are entitled to credits for power sold back to the coop under the Public Utility Regulatory Policies Act but they are...
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Utility Drivers May Use Hands-Free Devices in Company Cars

Federal regulators have clarified the equipment covered by their recent ban on the use of hand-held mobile telephones by the drivers of vehicles owned by electric cooperatives and other utilities.  These drivers—in fact, all commercial motor vehicle operators—can use push-to-talk mobile phones while behind the wheel, provided they do not “reach for, dial, or hold the actual mobile telephone … while driving,” according to the Federal Motor Carrier Safety Administration (FMCSA).  The driver must be able to touch the button needed to operate the push-to-talk feature from the normal seated...
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Advocacy Groups Oppose New Power Lines for We Energies Plant

As the Sutherland Coop team reported on January 12, Wolverine Power Cooperative and We Energies have raised the possibility of a joint venture, which could help to avoid shutting down the Presque Isle coal-fired power plant in 2017 due to the added costs of the Environmental Protection Agency’s new environmental rules.  Two advocacy groups now are opposing the addition of power lines in northern Wisconsin and Michigan’s Upper Peninsula that would be a part of the $1 billion project.  The Journal Sentinel has the full story here.
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Texas Coop Employees Vote Against Unionizing

Lineman and other employees at Pedernales Electric Cooperative voted 127 to 78 against joining the International Brotherhood of Electrical Workers Local Union 66.  In a statement, R.B. Sloan, the coop’s chief executive officer, personally thanked employees for their faith in management and the board of directors.  Read more here.
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Federal Court Denies Coop’s Request to File Separate Brief in Suit Against EPA

According to a recent order, energy industry participants have until February 9 to file their briefs in connection with their challenge of the U.S. Environmental Protection Agency’s Cross-State Air Pollution Rule.  The federal court denied requests, including one request by East Kentucky Power Cooperative, to file separate briefs.  Hearings are scheduled to begin in April.  Click here for more.
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Missouri Bill Introduced to Promote Smart Grid Technologies

A new bill introduced in the Missouri House of Representatives would make it easier to attach smart grid and broadband communication equipment to telecommunication poles and rural coop distribution system poles. The proposed bill would allow the pole owner to charge a reasonable rate based on costs incurred from the attachments and aims to spread these and other advanced technologies across the state. Read the bill.
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County Grants Exception for Maryland Solar Farm

Southern Maryland Electric Cooperative’s (SMECO’s) proposed 5.5 MW solar farm located in Charles County, Maryland, will move forward thanks to an exception granted by the Charles County Board of Appeals. The planned solar farm will help SMECO meet its Renewable Portfolio Standard (RPS) requirements as imposed by the Maryland Public Service Commission. The estimated cost of the solar farm is approximately $20 million, and SMECO hopes to have the county’s first solar farm online no later than the first quarter of 2013.  Click here for more.
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Bastrop Wildfire Lawsuit Against Bluebonnet Electric Coop Resolved, But Others Remain

A $6 million lawsuit against Bluebonnet Electric Cooperative and McCoy Tree Surgery over a 2009 wildfire in Bastrop County was resolved last week without a jury decision.  The parties have declined comment on the case, which was set for jury trial, to determine whether a falling tree knocked down sagging power lines, sparking a fire in the utility’s right of way.  Eleven other lawsuits have been filed accusing Bluebonnet of negligence in connection with a 2011 fire at the Bastrop Complex, according to the district clerk’s office.  Bluebonnet has denied liability and cited extreme weather...
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Texas Coop Employees to Vote on Unionization

Pedernales Electric Cooperative linemen and other employees will vote on Jan. 18 and 19 on whether to join the International Brotherhood of Electrical Workers Local Union 66.  The National Labor Relations Board will hold the election.  A majority vote would create the first union in the history of Pedernales, the nation’s largest electric cooperative. Read more here.
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