Eversheds Sutherland Coop Law Blog
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NRECA Publishes Negative Impact of EPA’s Plan

The National Rural Electric Cooperative (NRECA) created a webpage whereby it shows the nationwide coal plant closures and harmful economic impact that will result from the EPA’s Clean Power Plan (Plan), disproportionately affecting rural coop consumer members.  Read more about NRECA’s opposition to the Plan here.
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Great River Supplies Heat and Steam to New North Dakota Biofuels Refinery

The Dakota Spirit AgEnergy plant receives its heat and steam from Great River Energy’s (Great River) Spiritwood Station coal plant.  Spiritwood Station is fueled with refined lignite from Great River’s Coal Creek station 150 miles away.  Read more about Great River’s involvement with the Dakota plant here.
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CFC and NRCO Secure $100 Million to Support Solar Projects for Cooperatives

The National Rural Utilities Cooperative Finance Corporation (CFC) and National Renewables Cooperative Organization (NRCO) recently secured $100 million that will go to support solar projects for electric cooperatives.  The funds will be used to make solar energy more economically feasible for electric cooperatives by supporting utility-scale cooperative projects ranging in size from 1 to 50 MW.  The move follows the success of a similar program—the Solar Cooperative Community Projects Program—which was launched in 2013.  Click here to read more.
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D.C. Circuit Orders EPA to Fix Cross-State Pollution Rule

The U.S. Court of Appeals for the District of Columbia Circuit has ordered the U.S. Environmental Protection Agency (EPA) to fix the Agency’s Cross-State Air Pollution Rule.  The Court voided the EPA’s nitrogen oxide limits and sulfur dioxide budgets for a number of states.  Please click here for more information.
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Tri-State G&T Association Asks D.C. Circuit to Delay Mercury Rule

In light of a recent Supreme Court ruling, Tri-State Generation and Transmission Association Inc. (Tri-State G&T) has asked the D.C. Circuit to suspend one of the compliance obligations of the Mercury and Air Toxics Rule for its 110-megawatt Nucla Station power plant.  Please click here for more information (subscription required).
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Final EPA Carbon Rule Released; NRECA Weighs In

The Environmental Protection Agency (EPA) officially released its final version of the Clean Power Plan rules on Monday.  The rules represent the first federal limits on power plant carbon dioxide emissions and require a 32 percent reduction (from 2005 levels) in carbon dioxide emissions from power plants by 2030.  The National Rural Electric Cooperative Association (NRECA) has voiced concerns that that rule goes too far and requires carbon reductions too fast, which will lead to increased electricity prices that harm low-income customers the most.  For more on the final rule and NRECA’s...
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Southern Minnesota Energy Cooperative Completes Acquisition of Electric Service Territory from Alliant Energy

The Southern Minnesota Energy Cooperative, a group of 12 electric cooperatives, finalized the acquisition of electric service territory in southern Minnesota from investor-owned Alliant Energy.  Approximately 43,000 Alliant Energy customers in southern Minnesota are now member-owners of their respective electric cooperative.  Read more about the acquisition here.
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USDA Announced New Loans to be Placed through Coops to Support Rural Businesses

The USDA’s Rural Business-Cooperative Service announced $18.1 million in loans to support 92 projects related to the start-up or expansion of rural small businesses.  These zero-interest loans help utilities fund projects and create and retain employment in rural areas.  The South Mississippi Electric Power Association will receive a $2 million loan to assist the city of Greenwood renovate a building for the Milwaukee Tools Company.  Read more about the announcement here and see the loan recipients here.
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Obama Administration Considers Pushing Back Clean Power Plan Deadlines

On Tuesday the New York Times reported that the Obama administration plans to push back Clean Power Plan deadlines.  Originally the Clean Power Plan required existing plants to develop a plan to cut emissions 30 percent from 2005 levels by the year 2030.  The Plan further required states to present a plan for implementing Plan rules by 2016 and begin compliance by 2020.  The Obama administration reportedly plans to push these deadlines back to 2018 and 2022, respectively. The administration’s willingness to push back compliance deadlines could indicate that the administration is also...
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New Coop-Owned Ethanol Refinery Fires Up

A new ethanol refinery, in which Minnesota-based Great River Energy (GRE) owns a majority stake, recently reached commercial operation.  The refinery is located adjacent to a GRE-owned coal-fired power plant.  Steam from the coal plant is used to power the refinery.  Click here for more.
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NRECA Study Links Higher Electricity Prices to Job Losses

The National Rural Electric Cooperative Association (NRECA) recently released a study highlighting the relationship between higher electricity prices and job losses.  The study shows the impact of a 10 and 25 percent price increase on the gross domestic product and jobs from 2020 to 2040.  Please click here for additional information.
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EKPC to Purchase Oldham County Natural Gas Power Plant

East Kentucky Power Cooperative (EKPC) plans to purchase a natural gas-fired power plant in Oldham County, Kentucky from Bluegrass Generation Co. LLC.  EKPC plans to complete the transaction by the end of the year.  Sutherland is representing EKPC in connection with the acquisition.  Please click here for additional information.
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Bonneville Power Administration’s Rate Increase to Hit Coops

Bonneville Power Administration (BPA) recently announced that it will raise its wholesale power rates by 7.1 percent and its transmission rates by 4.4 percent, effective October 1.  BPA, a federal agency and the largest wholesale provider in the northwestern United States, supplies wholesale power to 54 electric cooperatives.  Click here for more.
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Arizona Appeals Court Allows Utility to Burn Trash for Renewable Energy

Despite resistance from the Sierra Club, the Arizona Court of Appeals ruled to allow the Mohave Electric Cooperative (“Mohave”) to burn trash for renewable energy, acknowledging the Arizona Corporation Commission’s (the “Commission”) constitutional authority to regulate such issues.  Before the project was stopped by the Sierra Club, the Commission previously allowed Mohave to count 90 percent of the energy from trash burning at its facility toward the requirement that renewable energy constitutes at least 15 percent of a utility’s energy portfolio.  Read more about the court’s decision...
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