Eversheds Sutherland Coop Law Blog
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Walton EMC to Provide Renewable Energy to Facebook’s New Data Center

Walton Electric Membership Corporation (EMC) is Facebook, Inc.’s choice to power its Newton Data Center with 100 percent solar-generated renewable energy. As part of this power supply arrangement, Walton EMC will partner with Morgan Stanley’s commodities division which will serve as Walton EMC’s wholesale energy supplier.
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Legal Alert: Patronage Capital Case Dismissed

A federal court in Pennsylvania has dismissed a putative class action against REA Energy Cooperative seeking the return of approximately $53 million in patronage capital. The court found that state law and the cooperative’s bylaws allowed the board of directors to determine when patronage capital would be returned to members. The court rejected the plaintiffs’ attempts to limit the board’s discretion in determining when to return patronage capital. The court found that the plaintiffs had not alleged justifiable reliance on any statements by the cooperative. View the full legal...
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Wabash Valley Power Signs Solar PPA

Wabash Valley Power has entered into a 30-year power purchase agreement (PPA) to purchase energy and capacity from a 99 MW solar array. The Prairie State Solar Project, located in Perry County, Illinois, will be the largest solar array in Illinois.
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Coop Signs Power Purchase and Asset Acquisition Agreement for Solar Facility

Mid-Kansas Electric Company Inc. (Mid-Kansas), an affiliate of Sunflower Electric Power Corp., has signed a 25-year power purchase and asset acquisition agreement with Lightsource BP with respect to a 20 MW solar project to be located in Kansas. Lightsource BP will build, own and operate the solar facility, and Mid-Kansas will purchase solar energy from the facility once it is in commercial operation.
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TEC and Guadalupe Valley Electric Cooperative Announce Alliance

Texas Electric Cooperatives (TEC) and Guadalupe Valley Electric Cooperative (GVEC) have announced an alliance which brings more than 9,800 miles of line and more than 80,000 meters in thirteen counties into areas currently served by TEC alliance partnerships. This alliance between TEC and GVEC is TEC’s twenty-third alliance partnership.
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Coops Oppose PMA Privatization Proposal

The National Rural Electric Cooperative Association has released a statement opposing the proposal to sell Power Marketing Administration (PMA) transmission assets, stating that “[m]ore than 600 electric coops rely on PMAs for access to low-cost, hydroelectric power.”
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NRECA CEO Requests Funds for Rural Broadband

In a letter to the House Committee on Appropriations, Jim Matheson, CEO of the National Rural Electric Cooperative Association (NRECA), recently requested significant funding for rural infrastructure. Matheson recommended that at least $2.5 billion of the FY2018 budget be dedicated to providing broadband to rural areas of the country.
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Tenaska and Associated Enter PPA for Wind Project

Nebraska-based Tenaska Inc. (Tenaska) has signed a power purchase agreement (PPA) with Associated Electric Cooperative Inc. (Associated) for a 236 MW wind project in northwest Missouri. The project is expected to be operational in 2020.
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Cooperatives File for Community Solar Program Approval

Four of Old Dominion Electric Cooperative’s member-owners (A&N Electric Cooperative, Mecklenburg Electric Cooperative, Northern Neck Electric Cooperative and Rappahannock Electric Cooperative) have filed applications with the Virginia State Corporation Commission to implement community solar pilot programs. If approved, the cooperatives would establish three-year pilot programs to provide community solar subscriptions to their member-consumers.
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Cleco to Acquire NRG’s Power Plants Serving 9 Louisiana Coops

Cleco, an energy service company that operates Cleco Power, a Louisiana electric utility, plans to purchase five of NRG’s power generation plants for $1 billion before the end of 2018. These five power generation plants serve nine electric cooperatives throughout Louisiana and provide more than 3,500 megawatts of power. This proposed acquisition is subject to approval from federal and state regulators.
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Trump Selects Rural Utilities Service Chief

President Trump has appointed Kenneth Johnson, General Manager and CEO of Co-Mo Electric Cooperative Inc. in Tipton, Missouri, to head the Rural Utilities Service. Johnson is a Director and past President of Central Electric Power Cooperative.
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Tennessee’s HolstonConnect Prepares to Offer Broadband Services

HolstonConnect, a wholly-owned, not-for-profit subsidiary of Holston Electric Cooperative (“HEC”), was established in late 2017 to provide fiber-based services to HEC members. In January, HEC’s board of directors approved HolstonConnect to begin the initial phase of construction in order to provide high-speed internet services to HEC members. The internet services provided by HolstonConnect will help to improve education, economic development and communication throughout its service territory.
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New York Coop Receives Broadband Funding From State Grant Program

New York Governor Andrew Cuomo has announced the recipients of the final round of grants for the New NY Broadband Program, which is intended to increase broadband access to all New Yorkers. Among the recipients of these broadband funds are local utility providers, including Otsego Electric Cooperative.
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Jackson County REMC Installing High-Speed Internet Network

Indiana’s Jackson County Rural Electric Membership Corporation (Jackson County REMC) is installing a fiber optic network for high-speed internet access. The project is expected to take approximately four years to complete and will serve parts of 10 counties.
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