Eversheds Sutherland Coop Law Blog
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Electric Cooperatives among Top 100 Coops Per Report

The National Cooperative Bank has released its “2015 Co-op 100 List,” which includes 17 electric cooperatives from around the country.  Among the electric cooperatives to make the list are Basin Electric Power Cooperative, Oglethorpe Power Corporation and Seminole Electric Cooperative.  Overall the 17 electric cooperatives accounted for approximately 7 percent of the total annual revenue of all coops on the top 100 list. Please click here to see survey.
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Coops Protest Hydro-Power Rates

Following concerns raised by Arizona’s rural electric cooperatives, Arizona Sens. John McCain and Jeff Flake have sent a letter to the U.S. Department of Energy questioning higher rates charged by the Western Area Power Administration (WAPA).  Arizona’s Generation and Transmission Cooperatives were hit with a $1.5 million increase in WAPA rates between the beginning of 2013 and the end of 2014.
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Colorado Cooperative Increases Renewable Energy Percentage with 20-Year Solar Contract

Poudre Valley Rural Electric Association (PVREA) has a 20-year contract to purchase electricity from two Silicon Ranch solar arrays that are currently under construction but expected to be completed in December.  Once online 27percent of PVREA’s energy portfolio will be from renewable sources.
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Wolverine Power Cooperative Enters Into 20-year PPA with Exelon Generation

Wolverine Power Supply Cooperative, Inc. (Wolverine) entered into a 20-year power purchase agreement (PPA) for 153 MW of new wind generation from Exelon Generation’s Michigan Wind 3 project.  When the Michigan Wind 3 project is complete, Wolverine will be the renewable energy leader in Michigan with more than 350 MW of wind generation in its portfolio, giving Michigan cooperatives a 30 percent renewable level.
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Cooperative Finance Corp. Fights for Authorization to Issue Letters of Credit

The National Rural Utilities Cooperative Finance Corp. (CFC) continues to seek an exemption under the Federal Communications Commission’s Rural Broadband Experiment allowing it to issue letters of credit to its own members and those of an affiliate, Rural Telephone Finance Cooperative.  However, because CFC is not a depository institution, it cannot receive the required FDIC insurance.  Member cooperatives could find it extremely difficult or more expensive to get letters of credit from financial institutions with which they do not already have an existing relationship.
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G&T Coop Set to Debut Major New Transmission Line

Basin Electric Power Cooperative is in the process of building an electric “super avenue” to help serve the Bakken formation.  Although the area is not growing as fast as it once was, it will still continue to see increases in demand for electric service.  The 340kv “super avenue” is a $350 million investment and will be critical to the ability of cooperatives to serve the Bakken in the future.
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Alaskan Cooperative Considers New Hydroelectric Plant

Inside Passage Electrical Cooperative, located in Southeast Alaska, is looking into developing a new hydroelectric power plant in the village of Kake, Alaska. The project could cut the city’s diesel consumption in half.
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Coops Challenge Clean Power Plan

NRECA and dozens of electric cooperatives have filed suit challenging the EPA’s Clean Power Plan (Plan).  The Plan was published in the Federal Register and, therefore, became open to legal challenge on October 23 and is set to take effect on December 23.
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Settlement Reached Capping Utah Plant’s Coal Consumption

The Environmental Protection Agency, Deseret Power Electric Cooperative and the Sierra Club and WildEarth Guardians reached a settlement regarding the 500-megawatt Bonanza Power Plant in northeast Utah.  The settlement calls for new pollution controls to be installed while being subjecting the plant to an eventual lifetime limit on the plant’s coal consumption.  Deseret has acknowledged that the cost of the environmental upgrade will have to be passed on to its members in the form of rate increases.  The public has been given a 30-day window to comment on the settlement before it is...
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Tennessee AG Scales Back Cooperative Tax Breaks

The Tennessee attorney general (AG) has stated that the state’s rural electric cooperatives are not entitled to a tax break that has been used since the late 1980s entitling cooperatives a temporary exemption from local property taxes after building a new facility or plant.  The AG opines that the state constitution does not allow this break because cooperatives are neither government agencies nor charities.
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USDA Awards $2.3 Billion for Rural Electric Infrastructure Projects

The USDA is awarding $2.3 billion in loans through its USDA Rural Development’s Electric Program, which makes loans and loan guarantees to cooperative associates and other utilities for electric distribution in rural areas.  Seventy-seven utilities and cooperatives in 31 states will receive loans to build and improve rural electric infrastructure in 31 states.  Funding is contingent upon the recipient meeting the terms of the loan or grant agreement.
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Eighth Circuit to Decide Dispute Between Minnesota and North Dakota Over Coal-Generated Electricity Regulations

The states of North Dakota and Minnesota are involved in a dispute over Minnesota regulations restricting new coal-based power generation.  North Dakota challenged the law in the federal district court arguing that the law violates the Commerce Clause of the U.S. Constitution because of its effect on out-of-state utilities.  North Dakota won at the district court level, but Minnesota has appealed to the Eighth Circuit Court of Appeals. The Court is expected to rule on the appeal within the next several months.
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$303M Wind Project Planned in Michigan

Algonquin Power & Utilities Corp. is developing a 150-megawatt wind plant in Deerfield, Michigan with Renewable Energy Systems Americas, Inc.  The 72-turbine project is expected to cost about $303 million and begin commercial operations by the end of 2016.
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Illinois Coop Completes Two 500 kW Solar Farms

Prairie Power Inc. has completed construction of two 500kW solar farms in Illinois.  Prairie Power provides wholesale electricity to 10 electric distribution cooperatives and is a member of Touchtone Energy.
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