Eversheds Sutherland Coop Law Blog
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EPA Preliminarily Approves Plan to Keep Arizona Coop Plant Open

The U.S. Environmental Protection Agency (EPA) has preliminarily approved a plan proposed by Arizona Electric Power Cooperative (AEPCO) to upgrade a power plant to lower emissions, keep the plant operating, and save hundreds of jobs.  Congressman Ron Barber is recognized as leading negotiations between AEPCO and the EPA.  Click here for the details.
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Kentucky Coop Plans to Deactivate Coal Plant

East Kentucky Power Cooperative will continue deactivating its coal-fired Dale Station power plant with complete shutdown expected by April 2015.  Subject to regulatory approval, ash waste from the site will be transported to an ash landfill.  The plant will be placed in indefinite storage to comply with the U.S. Environmental Protection Agency’s Mercury and Air Toxics Standards (MATS) scheduled to take effect in 2015.  Read more.
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Tenth Circuit Stays EPA’s Rejection of Wyoming’s Regional Haze Plan

The U.S. Court of Appeals for the Tenth Circuit has stayed the U.S. Environmental Protection Agency’s rejection of part of Wyoming’s plan for addressing regional haze.  The stay was sought by the State of Wyoming, Basin Electric Power Cooperative, and PacifiCorp.  The court also granted a request by Basin and PacifiCorp to extend the compliance deadline beyond March 2019 for the duration of the stay.  To read more, click here.
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Some State Regulators Say EPA Clean Power Plan Unworkable

Regulators from Texas, Indiana, Montana and Arizona told the U.S. House of Representatives Energy and Commerce Committee’s energy and power subcommittee that the reduction targets in the U.S.  Environmental Protection Agency’s proposed Clean Power Plan are “too much, too soon.”  To read more, click here (subscription required).
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USDA Announces Investment to Improve Reliability of Rural Electric Systems

Agriculture Secretary Tom Vilsack announced the U.S. Department of Agriculture’s (USDA) plan to invest more than $518 million in rural electric cooperatives to improve rural electric infrastructure.  More than $23 million of the announced funding will be targeted for smart grid improvements.  For more information and a list of the loan recipients, click here.
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NRECA Backs Online Cybersecurity Degree Program

The National Rural Electric Cooperative Association (NRECA) is supporting an initiative by the Energy Providers Coalition for Education to offer online degree programs in cybersecurity.  Click here for more.
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North Carolina Coop Entitled to Trial Over Condemnation

North Carolina’s Rutherford Electric Membership Corporation will get another chance in court to condemn certain land on which it wishes to run transmission lines.  Landowner Tim Sweeney, a Cary, North Carolina, video game developer, challenged the condemnation last spring, and the Superior Court dismissed Rutherford’s condemnation petition.  The North Carolina Court of Appeals has now remanded the case back to Superior Court for trial.  Click here for more.
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Basin Preparing to Submit Information for Carbon Capture Test Center

Basin Electric Power Cooperative (Basin) and Black Hills Power have set a September date for submitting site-specific information on certain of their respective power plants in the hopes of one of them attracting a test center for carbon capture and sequestration technology.  The test center is part of the State of Wyoming’s response to stricter environmental standards.  Basin is interested in hosting the plant at its Dry Fork Station outside of Gillette, Wyoming.  To read more about this story, please click here.
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Basin Electric Seeks Site in North Dakota for Potential Gas-Fired Generation Facility

Basin Electric Power Cooperative (Basin Electric) is looking for land and meeting with representatives in Emmons County, North Dakota, regarding a new gas-fired generation facility.  Basin Electric is in the early stages of considering both whether and where to build such a facility.  Click here for the full story.
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Arizona Congressman Urges EPA to Meet with Coop on Clean Power Plan

U.S. Congressman Ron Barber of Arizona, along with his Arizona colleagues in Congress, has called on the Environmental Protection Agency (EPA) to meet with executives from Arizona Electric Power Cooperative to discuss the impact of the EPA’s proposed Clean Power Plan.  Click here for more.
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Texas Coop Finds Drought Solution on Barge

Brazos Electric Power Cooperative (Brazos Electric) is partnering with Walnut Creek Special Utility District (Walnut Creek) to ensure access to decreasing water levels at Lake Bridgeport, northwest of Fort Worth, Texas.  At the suggestion of an engineering firm, Brazos Electric and Walnut Creek have placed a barge on the lake capable of pulling up to 15 million gallons of water per day, even if lake levels fall below the intake lines that draw water from the lake.  Click here for more.
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CFC Joins NRECA’s Solar Initiative

The National Rural Utilities Cooperative Finance Corporation (CFC) has formally joined the Solar Utility Network Deployment Acceleration (SUNDA) project led by the National Rural Electric Cooperative Association (NRECA).  The SUNDA project is supported by a $3.6 million grant to NRECA from the U.S. Department of Energy’s SunShot Initiative and will provide a knowledge base for cooperatives considering utility-scale photovoltaic (PV) solar systems.  CFC’s role in the SUNDA project will be to provide guidance on relevant business plans and financing solutions for PV solar systems.  Read more...
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Florida Coop Faces Theft of Power by Marijuana Farms

Florida’s Glades Electric Cooperative may be losing as much as $1 million worth of electricity to marijuana farms whose operators do not pay for the power they use, according to Paul McGehee, director of business development for Glades.  While the theft of power allows marijuana farmers to profit at the coop’s expense, the resulting system overloads and subsequent outages often tip off law enforcement to this type of farming activity.  Click here for more.
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Portion of FERC Order 1000 Challenged by NRECA and Others Upheld in Court

The U.S. Court of Appeals for the District of Columbia Circuit ruled against an industry group, including National Rural Electric Cooperative Association (NRECA), which was challenging certain provisions of Federal Energy Regulatory Commission (FERC) Order 1000.  Click here for full story and details on the challenge.
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