Eversheds Sutherland Coop Law Blog
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EPA Proposes New Rule to Cut Emissions from Existing Plants

The U.S. Environmental Protection Agency (EPA) announced on Monday that it has issued a proposed rule that would for the first time reduce greenhouse gas emissions from existing stationary sources, including coal-fired power plants.  The proposal calls for a cut in carbon dioxide emissions from existing plants to 30 percent below 2005 levels by 2030 and would be implemented through a state-federal partnership in which states will be allowed to develop state-specific (or regional) plans to meet the EPA’s broader goals.  The EPA plans to finalize the rule in June 2015, after a 120-day comment...
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Key Points in Carbon Rules to be Released Next Week

President Barack Obama and the U.S. Environmental Protection Agency are expected to release the new carbon regulations of power plants under the Clean Air Act.  See Law360 for key issues to watch for and an analysis of the potential legal challenges (subscription required).
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Permit Changes Approved for Kansas Coop’s Proposed Coal Plant

The Kansas Department of Health and Environment recently approved changes to Sunflower Electric Power Corporation’s 2010 pollution-control permit.  This permit relates to the coop’s proposed 895-MW coal plant to be built near its existing Holcomb Station.  KSNW-TV is following this story.
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New Mexico Coop Seeks Funding to Prevent Takeover, Will Pay Out Capital Credits

Socorro Electric Cooperative (Socorro Electric) is looking for approximately $250,000 from the National Rural Utilities Cooperative Finance Corporation’s Cooperative System Integrity Fund (Fund) to help the coop ward off a takeover by the city of Socorro, New Mexico.  The Fund is intended to help rural coops whose service territories may be threatened.  Additionally, Socorro Electric will issue more than $1 million in patronage capital.  Click here for more information.
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Florida City Considers Municipal Utility Model

With a 30-year franchise agreement with Lee County Electric Cooperative coming to an end in September 2016, the city of Cape Coral, Florida, will consider whether taking control of power distribution in the form of a municipal electric utility is feasible and desirable.  The city council voted to move forward with initial investigative efforts earlier this week.  The News-Press has the full story.
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U.S. Supreme Court Declines to Hear Controversy Over EPA Haze Authority

The U.S. Supreme Court denied petitions from North Dakota and Oklahoma challenging the U.S. Environmental Protection Agency’s (EPA) decisions to prioritize the respective states’ emissions control plans in favor of a federal plan.  In separate cases, the states claimed that the EPA’s action undermines the state-federal relationship outlined by the Clean Air Act.  For more on the cases at issue, click here (subscription required).
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Senate Agriculture Committee Raises Concerns about Proposed RUS Environmental Regulation

In its report accompanying spending legislation for fiscal year 2015, the Senate Agriculture Committee has directed the U.S. Department of Agriculture’s (USDA) Rural Development office to provide a report on the impact of a controversial regulation proposed by the USDA.  The regulation at issue would reclassify all loan transactions for Rural Utilities Service (RUS) borrowers as “major federal actions,” which would trigger lengthy environmental reviews for many actions taken by RUS borrowers.  For more on the Senate agriculture appropriations bill, click here.
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Proposed CFTC Regulations May Affect Coops

The Commodity Futures Trading Commission (CFTC) is proposing to amend its swap dealer regulations for entities entering into swaps with utility special entities.  Click here to read the press release, which includes three actions intended to protect liquidity for end-users, a term that would typically include coops.  Read more here.
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Massachusetts Coop Gets Additional Funding

With a grant of $403,455, Cape & Vineyard Electric Cooperative recently received its final piece of financial support thanks to the Cape Light Compact.  The coop was formed in 2007 with a focus on renewables and has nearly 29 MW of solar energy projects either online or under construction.  For more information, click here.
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Power Plant Emissions Regulations Are Around the Corner

Final regulations for capping greenhouse gas emissions from existing power plants are expected to be unveiled in June 2014.  The regulations provide that new coal-fired plants would limit emissions to within 1,100 pounds of carbon dioxide per megawatt-hour.  However, the plants would have the flexibility of choosing to average their emissions over several years if they agree to adhere to a tighter limit.  Proponents of coal plants have been vocal against this regulation, which they see as a mortal wound to coal-fired plants and the jobs they support.  To read more about the regulations,...
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North Carolina Coop to Own Share of New South Carolina Gas Plant

North Carolina Electric Membership Corporation will own 100 megawatts of a new 750-MW, combined-cycle natural gas plant being constructed in South Carolina by Duke Energy Inc. (Duke Energy).  Duke Energy has received regulators’ approval to build the plant at the site of one of its existing power stations, where three coal-fired units—expected to be retired shortly or converted to natural gas-fired units—are currently located.  Click here for more (subscription required).
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State Regulators Approve 200-Mile Transmission Line for Basin Electric

The North Dakota Public Service Commission recently approved Basin Electric Power Cooperative’s (Basin Electric) proposed 200-mile, 345-kV transmission line.  The new transmission line will improve connections between the Antelope Valley Station and newly signed wind farm contracts and the coop’s members in other parts of the state.  Electric Co-op Today has more on this story.
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Cobb EMC Purchases Solar

Cobb Electric Membership Corporation (Cobb EMC), a Georgia coop, is purchasing the full 7.7-MW output of the Azalea Solar project under a 25-year power purchase agreement. Click here to learn more about this project development.
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RUS Electric Loan Program at Risk?

Electric coops that borrow from the Rural Utilities Service (RUS) could face unprecedented new requirements if a proposed federal rule is approved.  The rule, proposed by the U.S. Department of Agriculture’s Rural Development Agency, would reclassify many common activities associated with RUS loans in a way that triggers federally required environmental reviews, in addition to the environmental reviews that coops already submit.  To learn more about this proposed rule, click here.
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