Eversheds Sutherland Coop Law Blog
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Missouri Tornadoes Impact Coop Power Distribution

The disastrous weather system that spawned severe storms and deadly tornadoes and spread destruction across portions of Missouri and six other states between May 21 and 23 has also affected area coops’ ability to distribute power.  New-Mac Electric Cooperative, a Neosho, Missouri-based coop, reported more than 4,000 of its nearly 17,000 meters out of service.  Many of the outages were the result of damage to transmission towers linking the coop’s distribution system to KAMO Electric Cooperative. KAMO, a Vinita, Oklahoma-based coop, lost seven large transmission structures in the path of the...
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Old Dominion Models Show No Significant Impact on Human Health and Environment at Hampton Roads Coal-Fired Plant

In response to the Chesapeake Bay Foundation’s recent report projecting an annual increase in healthcare costs of more than $200 million related to Old Dominion Electric Cooperative’s planned coal-fired generation plant near Newport News, Virginia, Old Dominion reports that computer models meeting state and federal standards determined that the plant “will demonstrate no significant impacts” on “human health and the environment.” The Daily Press has more on the story here and here.
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South Carolina House of Representatives Considering Passage of Patronage Capital Legislation

The South Carolina House of Representatives is currently considering legislation that would significantly revise cooperatives’ use and distribution of patronage capital. The bill would, among other things, clarify the requirement that patronage capital be refunded to its members pro rata in accordance with the patronage of the respective members. It would also allow cooperatives the flexibility of allocating patronage capital in proportion to the revenue from members or the contribution of members to the cooperative’s patronage capital (or a combination of such bases). A full text of the...
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Cyber Thieves Target Cooperatives

An investigation indicates that cyber criminals have targeted cooperatives along with other non-profit organizations for financial theft. Two reported thefts involved fraudulent automated clearinghouse transfers. Typically, the fraudulent transfers are so small that they go unnoticed, but the losses can quickly mount up. Electric Coop Today has more on the story and tips on how to protect your organization.
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Review of Transmission Incentive Policies May Prompt Narrower Scope and Fewer Benefits

As explained by Sutherland attorneys in this legal alert, FERC has issued a Notice of Inquiry that asked for industry input on transmission investment pricing policies. The Notice of Inquiry asks whether the rate incentives provided under FERC’s transmission investment pricing policies effectively encourage the development of transmission infrastructure. Comments will be due 60 days after publication in the Federal Register.
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Vermont Electric Cooperative to Vote on Kingdom Community Transmission Upgrade

The Vermont Electric Cooperative has announced that it plans to hold a vote in July on a transmission line upgrade required for the Kingdom Community Wind project in Lowell, Vermont. The vote will only occur if the Public Service Board has issued a certificate of public good for the $150 million project by that time. The transmission line upgrades will cost an estimated $10.8 million. Click here for more information.
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Coop Audit Uncovers Challenges in Accounting Practices

A 2010 financial audit performed on Jemez Mountains Electric Cooperative has uncovered several red-flagged accounting practices.  Noting that protocol concerns such as these are challenges not unique to their coop, leadership from Jemez Mountains Electric Cooperative has taken steps to strengthen its accounting department to address these issues. The Rio Grande Sun has the full story.
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Member-Approved Bylaws Pass Judicial Scrutiny

A New Mexico Supreme Court-appointed judge has upheld three member-approved bylaws aimed at increasing transparency at the Socorro Electric Cooperative. Under the new bylaws, which the judge found properly and legally enacted, the coop is subject to open meeting laws. Socorro Electric’s arguments against the bylaws focused on the significant burden they would place on the coop and its resources. Read more.
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Arizona Disputes the Role of Trash as a Renewable Energy Source

Mohave Electric Cooperative recently requested that state utility regulators treat solid waste as a renewable energy source to allow the coop to count a planned waste-to-energy facility as part of the coop’s renewable source portfolio. Environmentalists oppose the proposed renewable treatment for trash in favor of cleaner fuel sources like wind and solar. Arizona is one of several states grappling with this issue The Arizona Republic reports.
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Resistance Continues Over Planned Hampton Roads Coal-Fired Plant

As part of an ongoing dispute with Old Dominion Electric Cooperative, the Chesapeake Bay Foundation issued a report projecting an annual increase in health care costs of more than $200 million if Old Dominion moves forward with a planned coal-fired generation plant near Newport News, Virginia. Old Dominion argues that the 1,500 MW plant would help meet increasing power demands in the area and create hundreds of permanent jobs. The Daily Press has the full story.
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Oklahoma Coop Introducing Time-of-Use Rates

This June, Oklahoma Electric Cooperative will begin phasing in time-of-use rates for residential and small commercial customers. In an effort to manage long-term costs, Oklahoma Electric will introduce peak and off-peak rates over the next five years to allow customers to adjust their usage to the new pricing scheme. Read more.
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Coop Cybersecurity Guidelines Released by NRECA

The National Rural Electric Cooperative Association (NRECA) has released a cybersecurity guide for utilities and others to use to protect power grid infrastructure from cyber attacks. The guide was developed with the help of the Department of Energy and the National Institute of Standards and Technology and contains tools such as self-assessments and checklists that intend to create a culture of vigilance against cybersecurity threats. The guidelines are available for free from NRECA.
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Missouri Coop Launches Broadband Internet Initiative

Missouri Governor Jay Nixon and RUS Administrator Jonathan Adelstein celebrated Ralls County Electric Cooperative’s completion of the first portion of its broadband initiative.  The coop’s ultimate goal is to make broadband available to 4,500 customers, including schools and healthcare providers.  The Quincy Herald-Whig has the full story.
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Roundtable Discussion Addresses Coops’ Uncertainty

Executives from five coops participated in an EnergyBiz Leadership Roundtable to discuss the challenges they face in providing reliable and affordable power to customers in an era of increasing regulation. Representatives from distribution, generation and transmission coops located throughout the country were in attendance. Participants cited uncertainty as a major concern for the future. Efficiency efforts, generation costs and heightened regulation were among the challenges discussed. EnergyBiz has the full story.
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