Eversheds Sutherland Coop Law Blog
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New Hampshire Electric Cooperative Steps up Security to Prevent Copper Wire Theft

After the second theft of copper cable in two weeks, New Hampshire Electric Cooperative will begin 24-hour security at its substations across New Hampshire.  As was the case in the previous incident, the theft destroyed a 7,200 volt regulator at the Corliss Hill substation.  Additional details on the thefts and security measures can be found here.
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Court of Appeals Panel Dismisses Challenge to Nuclear Plant License

A three-judge panel for the U.S. Court of Appeals Eighth Circuit dismissed a challenge to the U.S. Nuclear Regulatory Commission’s renewal of a license for a nuclear plant to be located at the Duane Arnold Energy Center in Palo, Iowa.  The petitioners’ challenge was based on the environmental impact of the plant’s continued operation. The panel ruled that the 60-day window for a petition commences on the date that the renewal is sent to the license holder and not the day the decision appears in the federal register, in this case two weeks later than when the renewal was sent to the...
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New Mexico Appellate Court Reduces Damages Award Levied Against Torrance County Electrical Coop

A New Mexico State Appeals Court has slashed a multimillion-dollar judgment against a Torrance County electric cooperative, reducing the award from $21 million to $4.2 million, after determining the lower court misapplied the concept of consequential damages.  The original award stemmed from a lower court’s determination that the coop, Central New Mexico Cooperative, was partially responsible for a fire that destroyed an Estancia tomato-growing business.  The Albuquerque Journal has more on the court’s decision here.
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Cobb EMC Names New President and CEO

The Cobb EMC board of directors named W.T. “Chip” Nelson as its new president and CEO on Monday. Nelson served as the interim chief executive of Cobb EMC before this decision was made. A resident of northeast Cobb County, Nelson previously served for seven years as the coop’s chief operations officer.  The Marietta Daily Journal has the story.
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Hawaii Coop to Discuss Hydropower Development

The Kauai Island Utility Cooperative is exploring the development of new hydropower projects on Kauai. The coop board has hired a consultant to aid in this decision, given the environmental concerns. The coop is currently working with outside counsel to review the petition to have a meeting on the matter.
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Coops Affected by Dodd-Frank Federal Risk-Based Pricing Rule

As of July 21, a provision in the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act adds new disclosures to the federal risk-based pricing rule notices that creditors must provide. Coops will be subject to this rule if they use a consumer credit report — either a numeric score or a rating partially based on a score — in connection with an application for electric service or a coop-sponsored financing program. For more information about the disclosure requirements and upcoming deadlines, see this article on the ECT website.
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New Mexico Appellate Court Reduces Damages Award Levied Against Torrance County Electrical Coop

A New Mexico State Appeals Court has slashed a multimillion-dollar judgment against a Torrance County electric cooperative, reducing the award from $21 million to $4.2 million, after determining the lower court misapplied the concept of consequential damages.  The original award stemmed from a lower court’s determination that the coop, Central New Mexico Cooperative, was partially responsible for a fire that destroyed an Estancia tomato-growing business.  The Albuquerque Journal has more on the court’s decision here.
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Newly Finalized EPA Rule May Affect Coops’ Pollution Control Procedures

The U.S. Environmental Protection Agency finalized a rule this week intended to stop pollutants in one state from lowering air quality in neighboring states.  Although the rule is newly finalized, it has been under consideration for several years so many power plants affected by the new regulations already have taken steps to come into compliance with the regulations. One example of this early preparation is South Carolina-based SCE&G and Palmetto Electric Cooperative, which power much of the low country.  According to a spokeswoman for state-owned Santee Cooper, a recent rate increase...
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Coop Selects Roberts and Schaefer as EPC Contractor for the First U.S. Installation of a Dry Bottom Ash System

Seminole Electric Cooperative, Inc. has chosen Roberts and Schaefer, a subsidiary of KBR, to furnish engineering, construction and procurement services in connection with its installation of a new dry bottom ash system at its Palatka, Florida coal-fired generating facilities.   According to a KBR press release, the new system is expected to make the facilities more efficient and reduce operation and maintenance expenses.
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Tennessee Includes Utility Vehicles in its Move Over Law

Tennessee’s extended Move Over law became effective July 1, 2011. This law now includes electric and other utility vehicles in the already existing protections for police, fire and highway construction vehicles. This means that, effective July 1, motorists approaching a utility vehicle with flashing lights are required to move over to the extent it is safe to do so, creating an empty lane buffer. When changing lanes is not possible, motorists must reduce speed. This expansion was advocated by the Tennessee Electric Cooperative Association, according to this press release.
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Jackson Energy Coop Participates in Technology to Convert Natural Gas to Electricity from Stranded Wells

Kentucky-based Wellhead Energy Systems has developed a way to convert natural gas to electricity at the well and feed it into the power grid. Wellhead installed the first station in Jackson County because the coop Jackson Energy has worked closely with the company. This strategy would involve tapping so-called “stranded” gas wells to generate electricity. Stranded wells are wells that have been drilled but are not producing. The developer of this technology says the idea would create income from a gas well that’s not producing any cash now and provide electricity at...
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The D.C. Circuit Rejects Sierra Club’s Citizen Suit

In a decision issued Friday, the D.C. Circuit rejected the Sierra Club’s appeal of the dismissal of its suit seeking to compel the Environmental Protection Agency (EPA) to stop the construction of two power plants in Kentucky. The Sierra Club brought this suit under the citizen suit provision of the Clean Air Act to challenge the EPA’s failure to take action to prevent the construction of three proposed pollution-emitting facilities in Kentucky. The court below held that there was no mandatory duty to act, and granted the EPA’s motion to dismiss for lack of subject matter jurisdiction, which...
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Tri-State Generation and Transmission Senate Testimony on Proposed EPA Regulations

  An executive of Tri-State Generation and Transmission Association, Inc., a coop based in Westminster, Colorado, testified on June 30, 2011, to a U.S. Senate subcommittee about how proposed pollution regulations – namely the Clean Air Interstate Rule and the Clean Air Mercury Rule – would affect the coop. The testimony can be found here.  
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Coop Vice President Testifies on Impact of Proposed EPA Regulations

Ms. Barbara Walz, the senior vice president for policy and environmental issues at Tri-State Generation and Transmission Association, Inc., testified to the U.S. Senate Environment and Public Works Committee on Thursday about the impact of proposed EPA pollution regulations on her organization.  Tri-State, based in Colorado, is a member-owned electric coop.  Ms. Walz argued that the EPA failed to consider the benefit of certain emissions reductions.  Click here to see Ms. Walz’s testimony.
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