Eversheds Sutherland Coop Law Blog
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NY Provides $3 million for Coop Electric Vehicle Purchases

Governor Andrew Cuomo has announced that New York will provide $3 million in funding to help rural electricity cooperatives purchase electric vehicles to replace less fuel-efficient vehicles. Cooperatives that currently receive hydropower from the New York Power Authority are eligible to participate in this new program, which provides zero interest financing recovered over three years.
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NRECA Calls for Trump Administration Focus on Rural Issues

The National Rural Electric Cooperative Association (NRECA) was joined by 40 organizations in a letter to President Trump urging the new administration to focus on issues affecting rural families and businesses by designating a senior member of the White House staff as a rural advisor and/or creating a specific office within the administration with a direct focus on rural issues.
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Arizona Electric joins with ATC Development to Provide Transmission Services

Arizona Electric Power Cooperative (Arizona Electric) has entered into a joint operating agreement with ATC Development Company (ATC Development), a Wisconsin-based utility, to develop transmission projects in the southwestern United States under a new transmission company “ATC Southwest.”  ATC Development’s expertise in transmission development combined with Arizona Electric’s relationships with energy providers throughout the southwest makes for a complementary partnership.
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Lake Region Electric to Construct Natural Gas Pipeline

Lake Region Electric Cooperative (LREC) and Minnesota Gas will construct an intrastate pipeline in Minnesota to serve natural gas customers in the Deer Creek and Parkers Prairie communities.  The $1.6 million pipeline is scheduled for service in August 2017 and will be owned and maintained by LREC.
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DOE Awards $3.24MM Grant to Texas Cooperative and Energy Storage Companies for Solar Energy Integration

Pedernales Electric Cooperative (PEC), the largest electric distribution cooperative in the United States, and Advanced Microgrid Solutions were awarded a $3.24 million grant by the Department of Energy (DOE) as part of the DOE SunShot Initiative, aimed to accelerate the adoption of cost-competitive solar technologies.  The grant will help demonstrate the use of energy storage technologies to integrate more solar energy into electric grid in Texas.
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Tennessee Cooperatives to Benefit from State’s Broadband Accessibility Initiative

Tennessee Governor Bill Haslam announced a proposal to provide $45 million in grants and tax credits over three years to service providers, including the state’s private, nonprofit electric cooperatives, in an effort to make broadband available to currently underserved homes and businesses.
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Dairyland Pledges to Cut Reliance on Coal and Diversify Energy Sources

Dairyland Power Cooperative (Dairyland) CEO Barbara Nick recently informed a renewable energy forum that it will aim to cut its reliance on coal by 20 percent within the next ten years.  Nick asserted that this pledge will be kept even if Donald Trump loosens environmental regulations on coal because energy diversification is “just plain good common business sense.”  Dairyland expects to add more energy from natural gas and wind and solar energy in order to accomplish this goal.
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Mohave Electric and Constellation Complete 13.8 MW Solar Generation Project in Arizona

On January 18, 2017 Mohave Electric Cooperative (Mohave Electric) and Constellation, a subsidiary of Exelon Corporation, announced the completion of a 13.8-megawatt (DC) solar generation project in Fort Mohave, Arizona.  The project is a ground-mounted solar power system that is located across 84 acres.  Constellation is the owner and operator of the project. Although the project required no upfront capital from Mohave Electric, Mohave Electric will purchase the electricity from Constellation through a 30-year power purchase agreement.
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Eleventh Circuit Rules Co-op Members Are Not Entitled to Immediate Cash for Profits

The U.S. Court of Appeals for the Eleventh Circuit dismissed (subscription required) a case brought by members of the Central Alabama Electric Cooperative (CAEC) against the central Alabama utility for distributing excess revenue by crediting the members’ capital accounts rather than making cash payments. The court found that Alabama law 37-6-20 does not require CAEC to distribute such patronage funds only in cash, but rather in the manner provided by the bylaws, which specifies that excess revenue be distributed to the patron’s capital account.    
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KIUC Executes Agreement to Construct Hybrid Solar and Energy Storage System

Kaua’i Island Utility Cooperative has executed a power purchase agreement with AES Distributed Energy, Inc. for a plant that will provide solar energy plus a battery-based energy storage system. The project will consist of 28 MW of solar photovoltaic energy and a 20 MW five-hour duration energy storage system.  
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WEC Installs Fourth Electric Vehicle Charging Station

Washington Electric Cooperative (WEC) installed its fourth electric vehicle (EV) charging station on December 9, 2016. This project was aided by a $147,000 grant from the Vermont Low-Income Trust for Energy. This EV charging station is strategically located at Harwood Union High School in Duxbury, Vermont. By helping to develop an infrastructure that makes EV usage more practical, the co-op hopes to encourage an increase in the number of EVs on the roadways and reduce overall emissions.
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Bluebonnet Electric Released from Liability Related to 2011 Wildfire

The Smithville school board members voted to release Bluebonnet Electric Cooperative (Bluebonnet) for any liability related to the 2011 Bastrop County Complex Fire.  The fire was caused by trees that fell on Bluebonnet’s power lines during high winds in the middle of the driest 12-month period of any area in Texas’ history.  Dareld Morris, a school board trustee, acknowledged that the school board “never had any intention of going after Bluebonnet.”
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AECC Acquires 173 MW of New Wind Capacity

Arkansas Electric Cooperative Corporation (AECC) recently acquired access to 173 MW of new wind capacity from wind farms located in Oklahoma. The farms are owned and operated by Enel Green Power North America, Inc. and began commercial operations this month. The anticipated energy output for these farms is about 720 million kWh per year, which is enough to provide energy to more than 58,000 households. This project is in line with AECC’s goal to achieve diversification of its energy portfolio in order to provide affordable and reliable wholesale power to Arkansas’ distribution...
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Kentucky PSC Approves Big Rivers Expansion

Big Rivers Electric Corp. (Big Rivers) has entered into an agreement with Kentucky Municipal Energy Agency to sell power to nine new cities.  The Kentucky Public Service Commission (PSC) recently approved the deal which will help Big Rivers utilize excess generating capacity.
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