Eversheds Sutherland Coop Law Blog
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USDA Announces Plan to Fund Improvements to Distribution and Smart Grid Technologies

Tom Vilsack, the Secretary of Agriculture, announced plans to fund projects across 27 states.  Coops on track to receive funding for their projects include Tri-State Generation and Transmission Association, Inc., Northern Virginia Electric Cooperative, Amicalola Electric Membership Corporation and Gunnison County Electric Association.  For more on this story, see the USDA’s news release.
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Proposed Legislation Would Exempt Coops from EPA Rules Applicable to Stationary Engines

U.S. Rep. Bob Latta recently introduced H.R. 3185 to provide exemptions for coops and municipal utilities from two rules referred to as the National Emissions Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines.  Without congressional action, the rules will require additional emission control technologies starting in 2013.  See Rep. Latta’s press release.
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NRECA Fights New EPA Air Rule

The National Rural Electric Cooperative Association (NRECA) has filed petitions in the U.S. Circuit Court of Appeals for the District of Columbia and with the Environmental Protection Agency (EPA) directly seeking review of the EPA’s Cross-State Air Pollution Rule (CSAPR) scheduled to go into effect January 1, 2012. NRECA raised concerns that the new rule would increase electricity costs and have an adverse effect on grid reliability. Click here for more.
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Oregon Coop and Winery To Promote Solar Development

A new solar farm located at the King Estate winery outside of Eugene, Oregon should be online in the next few months. The project will generate almost 1 MW of electricity that will be sold to Lane Electric Coop and will promote sustainable development for the organic vineyard while helping Lane Electric comply with state Renewable Portfolio Standard (RPS) requirements. Read the full story here. 
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Oklahoma Wind Farm Begins Construction

Enel Green Power North America Inc. and TradeWind Energy have begun construction on a 150 MW wind farm in Oklahoma in Kiowa and Washita counties. Western Farmers Electric Cooperative will purchase the power generated by the wind farm. Please visit The Oklahoman for more details.
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Attorneys Plan to Sue Coop Over Las Conchas Fire Damage

Two attorneys are joining together to file a lawsuit against Jemez Mountains Electric Cooperative, whose power lines sparked a fire after a tree fell on them.  The Las Conchas fire was the largest fire in New Mexico’s history, charring more than 156,000 acres of land and damaging dozens of homes.  The fire started when high winds caused a tree, which was located on private property outside of the coop’s easement, to fall across one of the coop’s power lines.  To read more about the lawsuit and the potential plaintiffs, click here.
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Russian Gas Producer Making Gains in U.S. Coop Market

Gazprom, a Russian gas producer, and Associated Electric Cooperative have entered into a long-term contract, which provides that Gazprom will supply natural gas to Associated Electric Cooperative’s St. Francis power plant in Missouri.  The plant consumes as much as 86 million cubic feet of natural gas per day, and the contract will run through August 2034.  The Russian company is rapidly expanding and plans to gain a 10 percent share of the U.S. natural gas market by 2020.  Reuters has more details on the deal.
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Hoosier Closes $240 Million Private Placement

On September 30, 2011, Hoosier Energy Rural Electric Cooperative, Inc., closed a $240 million private placement transaction on which Goldman Sachs served as sole placement agent.  The transaction included two tranches of notes: the $190 million Series A Notes with a weighted average life of 25.8 years and a coupon of 4.86%, and the $50 million Series B Notes with a weighted average life of 18 years and a coupon of 4.07%.  The Series A Notes achieved the lowest coupon for any electric cooperative private placement that was priced off of the 30 year U.S. Treasury rate in the last three years. ...
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Obama Administration Announces Plan to Fast Track the CapX2020 Transmission Project

The CapX2020 Project is one of the projects previously identified by the White House as essential to the modernization of the electric grid and the creation of jobs, and on Wednesday, October 6, the Administration announced plans to speed up the federal approval and permitting process.  A spokesman for the CapX2020 Project sponsors, including Dairyland Power Cooperative, expressed his hope that the federal process can be completed by mid 2012.   The Lacrosse Tribune is covering this story.
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Tri-State Agrees to Purchase Combined Cycle Facility

Tri-State Generation and Transmission Association has agreed to a deal whereby Tri-State will purchase a 272 MW natural gas-fired combined cycle facility located in Colorado from Starwood Energy Group.   The specific terms of the deal have not been made public, and closing remains subject to regulatory approvals.  Powering the West has the full story.
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Georgia Nuclear Facility Moves Forward

During recent hearings, the Nuclear Regulatory Commission said Southern Co. and its partners had provided appropriate information for a final decision on the construction of two nuclear units (each with a capacity of about 1,100 megawatts) in east Georgia.  Oglethorpe Power Corporation, a Georgia cooperative, will have a 30 percent ownership stake in the facility, and Southern Company will have an approximately 46 percent ownership stake.  For more details, click here.
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Basin Electric Cooperative Launches Private Placement

Basin Electric Power Cooperative launched a $300 million private placement market this week.  To read more about the private placement, click here. (subscription required)
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Hoover Dam Power Allocations Extended

On Monday, the U.S. House of Representatives reauthorized the distribution of electricity from Hoover Dam for an additional 50 years.  The bill put in place an agreement negotiated by Nevada and large power contract holders in Arizona and California.  Under this agreement, large regional users will contribute 5 percent of their allocations to form a 100-megawatt pool of electricity that would be offered to electric coops, Native American tribes, and other new customers, fell short of some parties’ expectations.  The Grand Canyon State Electric Cooperative Association, representing 10 coops,...
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Texas Coops Facing Steep Fire-Related Repair Costs

Texas-based Bluebonnet Electric Cooperative estimates the infrastructure repairs stemming from the wildfires in Bastrop County amount to $17.5 million.  Some of those funds may be reimbursed by a public assistance grant from the Federal Emergency Management Agency.  Pedernales Electric Cooperative, which serves a neighboring area in Texas, reported that it has already spent $416,000 on fire-related repairs.  You can find more details here.
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