Eversheds Sutherland Coop Law Blog
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Minnesota Public Utilities Commission Approves Cooperatives’ Acquisition of Interstate Power & Light

On April 30, 2015 the Minnesota Public Utilities Commission (MPUC) approved the sale of Interstate Power & Light (IPL), a privately-owned utility, to 12 cooperative utilities for $112 million.  Most of the coops have higher electric rates than IPL, so the acquisition will mean higher prices for the 43,000 IPL customers, but the MPUC will monitor a plan that bars any increase in former IPL customers’ basic rates for three years and limits increases for two additional years. Read more about the sale here.
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NERC Study Finds EPA’s Clean Power Plan Unworkable

A recent North American Electric Reliability Corporation (NERC) study finds that the Clean Power Plan of the Environmental Protection Agency (EPA) would require that electric cooperatives shut down approximately 21 percent of their coal generation by 2025.  The study also found that the generation and transmission projects necessary to fill the void left by coal generation would not be completed until 2031 at the earliest. National Rural Electric Cooperative Association CEO Jo Ann Emerson stated that the deadlines are therefore “not workable.”  Click here to read more.
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Electric Cooperatives Top List of Solar Producers for 2014

Two EMCs, Pickwick Electric Cooperative of Tennessee and Farmers Electric Cooperative of Iowa, were the top two producers of solar energy in 2014 based on the number of solar watts produced per customer.  While California is still home to the top overall producers of solar power, with Pacific Gas and Electric producing the most solar power overall in 2014, the solar market is beginning to expand to the rest of the U.S.  Click here to read more.
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North Dakota PSC Approves Permits for Basin Electric Power Cooperative’s Infrastructure Projects

On April 29 the North Dakota Public Service Commission (PSC) approved permits for three infrastructure projects. Those projects undertaken by Basin Electric Power Cooperative will cost a combined $445 million.  They involve expansion of two gas powered power stations, as well as a new transmission line.  According to Randy Christmann, Commissioner of the North Dakota PSC, the projects are necessary to meet North Dakota’s electric needs.  Click here to read more.
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Kentucky Public Service Commission Approves Methane Project

The Kentucky Public Service Commission has recently approved a new methane project at the Glasgow Regional Landfill (Landfill). The project, owned by the East Kentucky Power Cooperative (EKPC), will generate electricity by capturing methane gas escaping from the Landfill.  EKPC hopes that the project will be operational by late September or early October.  Click here to read more.
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Congressional Legislation Preserves Large Water Heater Use

As we have previously noted, the Department of Energy implemented regulations on April 16 to ban the manufacture of large water heaters that can be controlled by smart meter technology.  To prevent adverse effects of these regulations on electric cooperatives, Congress passed legislation on April 21 enabling cooperatives to continue to use large capacity grid-enabled water heaters for energy and money-saving programs.  To read more please click here.
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USDA Announces Funding for Infrastructure Projects

The United States Department of Agriculture (USDA) has announced $72 million in funding for six electric infrastructure projects, including several projects being developed by rural electric cooperatives.  The projects include a transmission project in Kansas being developed by Rolling Hills Electric Cooperative, transmission and other system improvements by Broad River Electric Cooperative in North Carolina and South Carolina, and transmission improvements by Washington Electric Cooperative in Vermont.  To read more about the USDA’s announcement, please click here.
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USDA Extends Another $31 Million in Federal Loans and Grants to Electric Cooperatives

The U.S. Department of Agriculture (USDA) recently announced the extension of $31 million more in loans and grants to electric cooperatives in 12 states under the Rural Economic Development Loan and Grant (REDLG) Program. The USDA’s REDLG program extends zero-interest loans and grants to utilities, which then lend the funds to local businesses for job-creating projects in rural areas. The REDLG program has helped create or save approximately 32,000 jobs under the Obama Administration by providing nearly $338 million in economic development assistance. Read more.
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Ban on Large Capacity Grid-Enabled Water Heaters Takes Effect April 16 Unless Congress Acts

A federal ban on large capacity, grid-enabled water heaters will take effect April 16 unless the U.S. House pushes forward with legislation that would allow for continued manufacture of water heaters above 75 gallons.  The bill was approved in the Senate on March 27.  For more information, please click here.
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D.C. Cir. Approves EPA Greenhouse Gas Regulation at Some Power Plants

The Environmental Protection Agency (EPA) won a case before the United States Court of Appeals for the District of Columbia Circuit (D.C. Cir.) that will allow it to continue to regulate existing power plants for greenhouse gases if they are being regulated for other pollutants as well.  The Court also vacated portions of the EPA’s Tailoring Rule which attempted to address emissions of carbon dioxide through permitting programs.  Please click here (subscription required) for more information on the decision.
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Mohave Electric Cooperative Serves Members with New Solar Facility

Arizona’s Mohave Electric Cooperative (MEC) is now purchasing power from a new utility-grade solar facility to supply its members with renewable power.  The facility is currently owned by a private developer, whose appetite for the associated tax credits improved the economics of the deal for MEC and its members, and will be owned by MEC when the tax credits have been exhausted.  Click here for more information from MEC and here for a picture of MEC directors and executives visiting the facility.
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Washington Electric Cooperatives Consider a Merger

Last week, Ralph Rise, the President of the Nespelem Valley Electric (NVE) board of trustees, announced that NVE is in discussions with the Inland Power & Light Company regarding a possible merger. The merger would have to be approved by a member vote.  If approved it would join NVE, which serves about 1,500 accounts, with Inland Power & Light, which serves about 39,000 accounts.  Click here to read more.
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Appalachian Regional Commission Awards $500,000 Grant to Rural Electric Cooperative for Solar Project

Virginia Governor Terry McAuliffe recently announced the grant of $500,000 from the Appalachian Regional Commission ARC) to the BARC Electric Cooperative (BARCEC). The grant will help fund a new solar facility and learning center in rural Appalachia.  The facility will produce between 250 and 350 kilowatts of electricity—enough to provide power to approximately 60 residential purchasers.  Members of the BARCEC will be able to obtain a portion of their power from the solar facility.  Click here to read more.
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Texas Co-op Approves Distributed Generation Initiative

The board of directors of Pedernales Electric Cooperative (PEC) has approved a resolution to include initiatives for more distributed generation as part of PEC’s overall business plan.  PEC officials have indicated these measures are a response to PEC’s members’ desire for reliable and renewable energy solutions.  To read more please click here.
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