Eversheds Sutherland Coop Law Blog
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Electric Service Providers at Odds over Rightful Provider for Residential Neighborhood in Wisconsin

The Public Service Commission of Wisconsin is reviewing a complaint filed by Xcel Energy earlier this year over the rightful provider for the Deer Hills residential development in Roberts, Wisconsin. Xcel Energy claims that St. Croix Electric Cooperative providing service to Deer Hills is a violation of the 500-foot rule that seeks to avoid duplication of electric facilities. This matter remains pending before the Public Service Commission of Wisconsin.
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CORE ELECTRIC COOPERATIVE SUES XCEL SUBDISIARY FOR MISMANAGEMENT AT COLORADO PLANT

CORE Electric Cooperative has filed a $253 million lawsuit against the Public Service Company of Colorado, a subsidiary of XCEL Energy, over allegations of mismanagement of Comanche Unit 3, the largest coal-fired plant in Colorado.
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Palisades Power Plant Re-Start Expected for August 2025

Holtec International, owner of Palisades Nuclear Power Plant, recently released new details in its plans to re-energize the nuclear facility, targeting August 2025 as a possible date to re-start power operations. Wolverine Power Corporation entered into a power purchase agreement with Holtec for offtake from the facility in September 2023.
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Florida Cooperative Introduces 3 Solar Projects totaling nearly 7 MW

Talquin Electric Cooperative recently announced the completion of 3 solar projects: Hinson Solar, a 4 MW project located in Gadsden County, Florida, and Hilliardville Solar, a 2 MW project located in Wakulla County, Florida, and Bristol Solar, a 630 kW project located in Liberty County, Florida. The projects are expected to replace fossil fuel-generated electricity for up to 1,400 homes in the area.
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Georgia Power, Oglethorpe Power Settle Plant Vogtle Cost Overrun Lawsuit

Georgia Power Corporation will pay Oglethorpe Power $413 million to settle a lawsuit brought in 2022 by Oglethorpe Power against Georgia Power, accusing Georgia Power of backing out of financial obligations to pay for cost overruns incurred in connection with the third and fourth reactors at Plant Vogtle. Under the settlement agreement, Oglethorpe will keep its current 30% ownership of Vogtle, which will help the coop in meeting increasing demand.
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Winter Storm Elliot Settlement Leaves Complaint by Old Dominion Electric Cooperative Claim and East Kentucky Power Cooperative Rights Outstanding

PJM Interconnection settled disputes with 80 parties over $1.8 billion in Winter Storm Elliot non-performance claims. The settlement leaves the complaint by Old Dominion Electric Cooperative, and the rights to bring a claim by East Kentucky Electric Cooperative unresolved.
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Coops Show Strong Interest in USDA Empowering Rural America Program

USDA has announced that it has received proposals for 750 projects from coops across the country seeking grants and loans from the Empowering Rural America (New ERA) Program, with funding requests totaling at least double the $9.7 Billion allotted to the program. Eligible projects include carbon capture, renewable energy, energy storage, nuclear energy and generation and transmission efficiency improvements.
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DOE Awards 5.7 Million for Battery Storage to Dairyland Power Cooperative

The Department of Energy awarded Dairyland Power Cooperative an Office of Clean Energy Demonstration grant to build energy storage and strengthen grid resilience. The $5.7 million dollar grant will be used to build battery storage in Allamakee County, Iowa, which serves members of Allamakee-Clayton Electric Cooperative.
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NRECA’S WORK WITH COBB EMC EARNS GLOBAL AWARD

NRECA, Cobb EMC and three national laboratories have won global recognition for their work on microgrid control modeling software that can boost grid reliability by using distributed assets to mitigate power outages.
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Texas Cooperative to Construct Fort Worth Facility

United Cooperative Service is considering a $33 million construction project near Fort Worth, Texas that would include offices, a warehouse, a vehicle service bay and a vehicle wash bay. The facility would begin construction in January of 2024 and be completed in June of 2025.
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South Carolina Cooperative: Reliability Remains Key Concern

Echoing NRECA’s message on the five biggest challenges threatening grid reliability, Bob Paulling, CEO of Mid-Carolina Electric Cooperative, testified before the House Representatives on the urgent need to increase grid reliability throughout the nation. Amongst other measures, Paulling recommended streamlining permitting processes that unnecessarily delay new developments.
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Wolverine Power Cooperative Signs Historic Agreement to Restart Palisades Nuclear Power Plant

Wolverine Power Cooperative (Wolverine) has entered into a long-term agreement with Holtec International (Holtec), a diversified energy technology company, that will pave the way for the restart of the 800-megawatt Palisades Nuclear Power Plant in Covert Township, Michigan. Wolverine has committed to purchase up to two-thirds of the power generated by the Palisades Nuclear Power Plant with rural electric cooperative project partner Hoosier Energy (Hoosiers) purchasing the balance. Eversheds Sutherland (US) LLP advised both Wolverine and Hoosier on the long-term agreement with Holtec.
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Eighth Circuit Confirms Validity of Term Provisions in Wholesale Power Contracts

The US Court of Appeals for the Eighth Circuit has recently confirmed the validity of term provisions in wholesale power contracts between generation and transmission cooperatives and their member distribution cooperatives.
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Pennyrile Rural Electric Cooperative Corp. wins $12 million in broadband grants

Pennyrile Rural Electric Cooperative Corp. was one of the beneficiaries of the $386 million distributed by Kentucky for broadband deployment. The cooperative, and other winners will use the funds to run fiber to underserved locations.
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