Eversheds Sutherland Coop Law Blog
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Digger Derrick Settlement Reached

Last month, the Occupational Safety and Health Administration (OSHA) and certain electric utilities, including coops, reached a settlement agreement on new OSHA rules for digger derricks used in electric construction. Many of the OSHA rules will still apply to electric utilities. The effective date for compliance is scheduled for November 2014. Click here for the full story.
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Plans for North Dakota High-Voltage Line Move Forward

Minnkota Power Cooperative recently obtained approval from the Sheridan County Zoning Board for a planned 345-kV transmission line that will carry power over much of North Dakota. Zoning approval is still required from three other counties and one township. The North Dakota Public Service Commission also approved a certificate of corridor compatibility for the line, which is expected to be completed sometime in 2013. The Bismarck Tribune has more.
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North Dakota Service Territory Divided

The North Dakota Public Service Commission has approved an agreement between Montana-Dakota Utilities and Mountrail-Williams Electric Cooperative to divvy up the Williston customer service area. An influx of new customers, due to the region’s oil boom, prompted the division. Read more.
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North Dakota Officials at Loggerheads with EPA over Air Pollution Rules

North Dakota health officials are at an impasse with the Environmental Protection Agency (EPA) on the best technology to reduce the air pollution of two coal-burning power plants in the Theodore Roosevelt National Park, one of which is operated by Minnkota Power Cooperative Inc.  State regulators contend that the EPA’s preferred technology may not be effective and will be much costlier than the state’s preferred method.  You can find additional details here.
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Green Mountain Power Starts Construction of Wind Project in Vermont

Green Mountain Power has commenced construction of a 63MW wind facility that will provide power to the members of the Vermont Electric Cooperative. The Energy Business Review has more on the wind farm.
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Delaware Utility May be Purchased by Local Coop

The city of Dover, Delaware’s Utility Committee has hired a consultant study the feasibility of selling the city’s electric utility to Delaware Electric Cooperative.  The coop reports that it could be willing to pay around $100 million for Dover’s electric utility, and that its customers would save an average of 25 percent on their electric bills because of the coop’s lower rates.  If the sale occurs, the coop would gain 23,000 additional customers, including industrial and commercial users.  More details of this potential deal can be found here.
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Coop Offers Members Shade Trees and CFLs to Save Energy

Mohave Electric Cooperative and Bullhead City, Arizona, are teaming up to sponsor Operation Cool Shade.  For a discounted price, this program offers coop members shade trees that can withstand desert conditions, and each tree also comes with a complimentary CFL.  Operation Cool Shade is in its sixth year, and it is estimated that the program saves approximately 1.4 million kilowatt-hours of energy each year.  See the Mohave Daily News for more.
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U.S. Forest Service and Coop Argue Over Responsibility for the Las Conchas Fire

After determining that the Las Conchas fire in New Mexico was caused by a rotten tree falling onto power lines owned by Jemez Mountains Electric Cooperative, controversy has arisen over who should be held responsible.   The coop has been maintaining its 20-foot easement along the path of the power line, but the tree in question fell from private property.   The coop argues that it is the U.S. Forest Service’s job to address trees on private property that pose a threat to infrastructure like power lines.  The Rio Grande Sun has more on this story.
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Dairy Farms May Provide Cheaper Fuel Source

Cooperatives may have an opportunity to obtain cheaper fuel through the use of anaerobic digesters on dairy farms. The digesters capture methane gas from cow manure, which can be used to generate power. Proponents of the manure-to-methane process spoke at the Touchstone Energy Cooperatives’ 2011 Emerging Technology Conference. The Oklahoman has the full story.
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Arizona Coop’s Irrigation Efficiency Study Ramping Up

Sulphur Springs Valley Electric Cooperative (SSVEC) plans to send out a Request for Proposal (RFP) for a study aimed at improving the efficiency of the local irrigator industry.  SSVEC will apply data collected to improve the distribution utility business and wants irrigators to give their input throughout the study process. Read more.
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Vermont Smart Meters Help Weather Irene

Like many cooperatives along the eastern seaboard, the Vermont Electric Cooperative (VEC) dealt with major power outages in the wake of Hurricane Irene. Approximately 10,000 VEC members lost power. VEC’s smart meters played a pivotal role in the restoration efforts and allowed the VEC control center to communicate in real-time with members and support staff. Click here for the full story.
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Petition to Stay Coal Dust Tariff Denied

On Wednesday, the Surface Transportation Board denied a Western Coal Traffic League (WCTL) petition requesting the Board to stay the effective date of a BNSF Railway Company tariff. Arkansas Electric Cooperative Corporation was among those filing statements in support of the WCTL petition. The coal dust tariff will limit the amount of coal dust flying from trains leaving mines in Wyoming. The Board’s full decision is available here.
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Coops in 14 States Receive USDA Loans

U.S. Department of Agriculture Secretary Tom Vilsack has indicated that coops will receive funding for smart grid technologies and improvements to generation and transmission facilities.  This funding, in the form of loans, will total approximately $900 million.  The loans are provided by the Rural Utilities Service to help electric utilities upgrade, expand, maintain and replace rural electric infrastructure.  For more information, including a list of coops that were selected to receive this funding, click here.
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Pedernales Coop Commemorates Lyndon B. Johnson

On the day that would have been the former president’s 103rd birthday, the Pedernales Electric Coop unveiled an official Texas Historical Marker honoring Lyndon B. Johnson for bringing electricity to the Texas Hill Country.  Johnson, who grew up in Johnson City Texas, contributed to the development of the first electric lines constructed in this area of Texas.  The article can be found here.
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