Eversheds Sutherland Coop Law Blog
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President Biden to announce executive climate actions; Does not declare national emergency

On July 20, 2022, President Biden delivered an address on climate change. Despite heavy pressure by many in Congress and environmental groups to announce new executive actions to address climate change, and even to potentially go as far as declaring a national emergency, the President instead stated only that specific actions would be announced in the coming days and weeks. The President did describe climate change as a “clear and present danger” and an “emergency” but stopped short of declaring a national emergency. Declaration of a national emergency would have unlocked a broader range of...
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Kentucky Cooperative Receives Grants to Bring Internet to Unserved Households

Pennyrile Rural Electric Cooperative has received $13,827,320 in grants from Kentucky’s Better Internet program to assist in expanding access to high-speed internet to 5,598 unserved households and businesses.
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Green Tax, Volume 2

Welcome to Green Tax, Vol. 2. Each quarter we will provide a recap of some of the important energy tax issues of the last quarter, including court rulings, IRS rulings and guidance, legislative activity, and more. Opinions and Rulings Collateral Estoppel Closes Door on Fuel Credit CaseOn June 8, the Fifth Circuit issued its opinion in ETC Sunoco Holdings LLC v. United States, No. 21-10937 (5th Cir. 2022). The court affirmed the district court’s ruling, which held that the doctrine of collateral estoppel barred the taxpayer from litigating its fuel mixture tax credit claim because the Court...
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Alaska Cooperative Shuts Down Largest Coal Plant

Golden Valley Electric Association has shut down Healy Unit 2, Alaska’s largest coal plant, opting to invest in wind energy and install $26.1 million in pollution-control equipment on Healy Unit 1 by the end of 2024. Healy 2 was both the largest coal plant in Alaska and the largest closure of a coal plant in Alaska.
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Kaua’i Island Utility Cooperative Encourages Direct Payments to Promote Renewables

Kaua’i Island Utility Cooperative’s CEO, David Bissell, spoke to the Senate Energy and Natural Resources Subcommittee on Energy and encouraged Congress to support federal incentives for renewable power adoption, including direct payments for not-for-profit electric cooperatives.
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NRECA Broadband Provides New Support Services to Cooperatives

NRECA Broadband is launching a new service tier to provide strategic communication services, education and events, and focused business and technology support to participating electric cooperatives.
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Electric Cooperatives Help Lead Team to Find Supply Chain Solutions

A group of electric cooperative leaders is participating in a collaboration among utility industry experts to develop solutions to supply chain issues. The group will meet regularly to discuss solutions to current and future supply challenges.
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Basin Electric to Invest in Transmission Line Projects

Basin Electric will invest nearly half a billion dollars to develop three projects: the East Loop transmission project, the Roundup-to-Kummer Ridge transmission line, and the East Fork substation. The projects are expected to be completed by 2024 and 2025 and will support load growth in both residential and commercial power loads.
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SCOTUS Rules EPA Lacks the Authority to Cap Existing Power Plants’ CO2

On Thursday, June 30, 2022, the Supreme Court of the United States (SCOTUS) concluded that the Clean Power Plan’s limitation of carbon dioxide emissions from existing power plants falls outside of the Environmental Protection Agency’s (EPA) authority. The National Rural Electric Cooperative Association supported an amicus brief filed by cooperatives with the Supreme Court outlining key arguments as to why the law was flawed and threatened electric reliability.
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Alaska Cooperative to Diversify Power Generation

Golden Valley Electric Association announced plans to retire one of two coal plants, add pollution controls to the second coal plant, seek proposals to build a large-scale wind farm, upgrade its battery storage system, and purchase more natural gas-fueled power from Southcentral Alaska. The cooperative is seeking to diversify power generation in both a low-cost and low-carbon scenario.
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Central Florida Electric Cooperative Approves Broadband Expansion

The Board of Directors for Central Florida Electric Cooperative approved a network project to provide internet to customers. The project will also permit the utility to use smart grid technology to better manage outages.
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Cooperative Uses New Projects to Minimize Rising Member Costs

Montrail-Williams Electric Cooperative announced plans to use sales from its new data center facility, among other projects, to offset rising prices and supply chain costs to its members.
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Consortium of Indiana Electric Cooperatives Participate in Statewide Broadband Collective

Accord Telecommunications Collaborative, a broadband service provider composed of twenty-one Indiana electric cooperatives, has invested in Hoosier Net, LLC, the first statewide network to provide internet to unserved communities in Indiana.
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CEO of Arkansas Electric Cooperative Testifies to Congress about Importance of Grid Reliability

Buddy Hasten, CEO of Arkansas Electric Cooperative, testified before Congress about the need for federal and state policies that support electric cooperatives in providing reliable and affordable energy to communities.
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