Eversheds Sutherland Coop Law Blog
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Pedernales Electric Cooperative Board Changes How Unclaimed Capital Credits Are Released

The board of Pedernales Electric Cooperative, the largest electric distribution cooperative in the United States, has voted to change how it releases unclaimed capital credits to the state of Texas.  The coop will continue taking steps to return $4.2 million in unclaimed money to members by publicizing on its website a list of the names of members who have not yet collected the money they are due, most of which comes from uncashed capital credit checks.  The coop says its new rule will help former member-owners get access to the funds without having to deal with state paperwork.  To read...
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Wind Farm to Sell Portion of Energy to Coop Consortium

E.On Climate & Renewables, the developer of the Pioneer Trail Wind Farm near Paxton, Illinois, has agreed to sell up to 40 megawatts of energy produced by the wind farm to a consortium of 21 electric-distribution cooperatives in Illinois.  The News-Gazette has more details.
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Coop’s Possible Electric Service Purchase May Reduce Rates

The City of Dover is considering selling its electric service to the Delaware Electric Cooperative. The sale may reduce electric bills in Dover by 25 percent due to the Coop’s rate structure and help boost economic growth in the surrounding county. Click here for details.
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Mother Nature Takes a Heavy Toll on Heartland Coops

Coop staffers in parts of the Southwest are hoping for rain as they brace for the effects of several huge wildfires.  Coops in the Midwest are also facing challenges in face of potential prolonged flooding and heavy rains.  Coop officials across the heartland have been de-energizing lines and removing meters and other equipment to protect coop assets as they prepare for service disruptions. As of June 21, fire crews were managing fifteen major fires nationwide.  To read more about the recent effect of extreme weather on coops, click here.
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Coop Spokesman Critical of Georgia Watch Report on Cost of Coal-Fired Plant

A coop spokesman questioned the findings of a recent report, released by Georgia Watch, a consumer advocacy organization, which concludes that the proposed, coal-fired Plant Washington could cause rates to increase if the plant is built.  The report’s conclusions are based in part on projections of rising construction costs and new regulations on coal plants.  The plan to build the plant is backed by Power4Georgians, which is a consortium of five EMCs. Cobb EMC is the largest cooperative in Power4Georgians.  The other EMCs are Upson, Central Georgia, Washington and Snapping Shoals.  The...
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New Wind Farm Dedicated in South Dakota

A dedication ceremony was held today for the Crow Lake Wind Project, built and owned by PrairieWinds, which is a subsidiary of North Dakota-based Basin Electric Power Cooperative.  The wind farm has been operational since last February and nearly all of the 108 wind turbines are owned and operated by PrairieWinds.  The Republic has the full story.
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Commodity Futures Trading Commission Delays Energy Swap Rules

The Commodity Futures Trading Commission voted to delay the effectiveness of “self-executing” provisions under the Dodd-Frank Act until as late as December 31 or until the agency has finalized corresponding rules.  Electric Co-op Today has more on this story.
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Cooperatives Attempt to Obtain Hoover Dam Electricity

Mohave Electric Cooperative and several other electric cooperatives in Arizona are trying to change a federal law to permit them to obtain Hoover Dam electricity; they have been denied access to Hoover Dam electricity for more than 70 years.  The U.S. House of Representatives has refused to amend current legislation to allow the cooperatives request. Tri-state Online has more.
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New Mexico Coop Completes PPA for 1.5 MW Solar Plant

  Taos, New Mexico coop Kit Carson Rural Electric Cooperative recently signed a power purchase agreement with Standard Solar Inc. for a 1.5-megawatt utility-scale photovoltaic generating facility. The project will include 5,280 solar PV panels and will offset approximately 1,500 tons of greenhouse gases per year. Kit Carson has agreed to purchase electricity from the facility for 25 years.  This article has the story.  
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Beartooth Electric Coop Faces Pressure in Building Plans

  Seventy members of Montana-based Beartooth Electric Cooperative signed a letter calling for the board of directors to complete an independent analysis of whether the coop should continue building the Highwood Generating Station. Highwood is a 120-megawatt gas-fired plant being built by the Billings-based Southern Montana Electric Generation and Transmission, which also provides wholesale power purchased primarily from PPL to its members. This effort comes in the wake of a series of rate increases and plans for a gas-fired power plant near Great Falls. The continuation of building the...
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Supreme Court Rules That Federal Nuisance Claims Cannot be Based on Greenhouse Gas Emissions

In an unanimous decision, the Supreme Court ruled that because greenhouse gas emissions are covered by the Clean Air Act there is no federal common law right to bring a nuisance claim with respect to such emissions.
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City of Victoria Renews Tax Abatement Program Citing Coop as Example of the Program’s Success

When Victoria first adopted its tax abatement program in 2001, it was one of the reasons that South Texas Electric Cooperative decided to keep its plant in Victoria.  Proponents of the tax abatement program point to the coop’s $126-million investment as evidence that offering property tax breaks through the program stimulates the local economy.  The Victoria Advocate has the full story.
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Discovery Begins with Class Action Status Still to be Considered in New Mexico Coop Litigation

After last week’s hearing, the litigation between Socorro Electric Cooperative and its members is progressing to the discovery stage of litigation.  The initial focus of discovery will be on issues relating to the members’ class action status.  The court has yet to address the members’ allegations that, among other things, the coop has wrongfully retained patronage capital owed to members.  See the El Defensor Chieftain for more.
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Landowners Comment on Minnkota Power Cooperative’s Proposed High-Voltage Transmission Line

Landowners commented on Minnkota’s plan for a 250-mile high-voltage transmission line during Minnkota’s presentation before the North Dakota Public Service Commission.  Minnkota is in the in the process of obtaining easement options, and in order to address landowners’ concerns, it is pricing the easement options on a county by county basis.  The Grand Forks Herald is covering this story.
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