Eversheds Sutherland Coop Law Blog
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KIUC Considers Deregulation from Hawaii PUC

Kauai Island Utility Cooperative (KIUC) is currently considering removing itself from the authority of Hawaii’s Public Utility Commission (PUC) and changing to a deregulated or minimally-regulated status. The primary advantages of KIUC’s deregulation from the PUC would be lower costs for its members and greater flexibility to respond to member’s concerns and fluctuations in market conditions.  Although there is no clear timeline for KIUC’s potential deregulation, David Bissell, KIUC’s President and CEO, has indicated that the next important step will be to seek the input of KIUC’s...
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FEMA Awards $6 Million Grant to Bury Power Lines

FEMA has awarded Kootenai Electric Cooperative a $6 million federal grant to reduce power outages from storms.  The grant will go toward burying 45 miles of transmission and distribution lines.
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New Mexico Cooperative Breaks Ground on New Solar Project

Kit Carson Electric Cooperative (KCEC) recently broke ground on the first of seven solar arrays on the Picuris Pueblo.  KCEC has signed a power purchase agreement to acquire all of the energy produced by the project.
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D.C. Circuit Pauses Litigation Over Clean Power Plan

On Friday, the D.C. Circuit granted the Environmental Protection Agency’s (EPA) stay request regarding the Clean Power Plan and ordered the parties to file briefs by May 15 on whether the cases should be remanded to the EPA or just kept on hold.  Since President Trump’s executive order last month regarding “energy independence,” the EPA has asked for additional time to review the plan and revise or rescind it.
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NRECA Approves of the White House’s Announcement of the Rural America Task Force

The National Rural Electric Cooperative Association (NRECA) praises the Trump Administration’s creation of the Rural America Task Force as a sign of future prioritization of the economic development of rural American communities.
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Green Power EMC and Silicon Ranch Dedicate Second Solar Farm

Green Power EMC and Silicon Ranch, an independent solar power producer, dedicated a 52 MW solar farm in Jeff Davis County, GA that will serve more than 8,500 households each year. In December 2015, Green Power EMC and Silicon Ranch dedicated a 20 MW solar farm in Jeff Davis County, making the county one of the top solar communities in the country.
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Superior Court Justice Upholds Verdict for Coop

A Maine Superior Court Justice upheld a November 2016 jury verdict awarding $13.6 million to Eastern Maine Electric Cooperative. This verdict was the result of a finding that First Wind Holdings LLC and four of its former subsidiaries breached their contractual obligation to negotiate in good faith a contract to sell a section of an electricity transmission line to Eastern Maine Electric Cooperative.
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EPA to Review Power Plant Effluent Rule

The U.S. Environmental Protection Agency (“EPA”) announced that it will reconsider a rule that sets federal limits on the amount of toxic metal that may be discharged with power plants’ wastewater and has stayed the compliance dates in the rule. The EPA updated the rule in 2015 because the older version did not adequately address toxic metal discharges by not treating dissolved pollutants. The EPA’s response is due May 4.
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Coop CEO Testimony Outlines Cyber Threats to Power Grid

The chief executive officer (CEO) of the Arkansas Electric Cooperative testified, on behalf of the National Rural Electric Cooperative Association, before the U.S. Senate Committee on Energy and Natural Resources as part of a hearing called “Efforts to Protect Energy Delivery Systems from Cybersecurity Threats” on the cyber threats facing the electric sector.
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Trump to Roll Back Environmental Protection Agency Regulations

President Donald Trump is expected to issue an executive order Tuesday that would withdraw the Clean Power Plan.  The order is also expected to lift the moratorium on the federal coal program and ease restrictions on hydraulic fracturing.
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Minnesota Governor Vetoes Bill on Electric Cooperative Disputes

Minnesota Governor Mark Dayton vetoed a bill that would have removed the Minnesota Public Utility Commission’s authority to settle certain electric utility disputes between cooperatives and coop customers, including billing disputes regarding customer installation of renewable energy sources.  The bill was passed by the state senate last week and, if approved, would have vested dispute settlement authority in a third-party mediator.
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Maine’s Swan’s Island Electric Cooperative to Dissolve

Swan’s Island Electric Cooperative members voted 265-29 in favor of dissolving one of the country’s smallest electric cooperatives.  The vote to sell their local utility to Emera Maine could close as early as March 31, 2017 and will effectively save the members $20 per month on their electricity bills but will sacrifice four full-time jobs and eight part-time jobs in a community heavily dependent on the fishing industry.
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Minnesota Governor to Review Bill on Electric Cooperative Disputes

Minnesota Governor Mark Dayton is set to review a bill that would remove authority from the Minnesota Public Utility Commission in handling complaints from electricity customers and give such authority to a third-party mediator.  Supporters of the legislation feel the cooperatives should have to go to St. Paul to defend its practices as the cooperatives boards are locally elected by its members.
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Coop Solar Energy Capacity Continues to Grow

On March 9, 2017 the National Rural Electric Cooperative Association released new information concerning the total solar energy capacity of the United States electric cooperatives.  Specifically, coops are on pace to add 480 MW of solar energy in 2017, which would bring their total capacity to 873 MW.  For comparison, the total solar capacity was 180 MW in 2015 and merely 37 MW in 2010.  Much of the growth in solar can be attributed to collaboration among coops, as 42 percent of coop solar projects are joint efforts.
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