Eversheds Sutherland Coop Law Blog
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Eighth Circuit Confirms Validity of Term Provisions in Wholesale Power Contracts

The US Court of Appeals for the Eighth Circuit has recently confirmed the validity of term provisions in wholesale power contracts between generation and transmission cooperatives and their member distribution cooperatives.

Appeals Court Holds South Dakota Coop is Bound by its Wholesale Power Contract

After a nearly three-year legal battle, the United States Court of Appeals Eighth Circuit has upheld a ruling that Dakota Energy has no legal route to a buyout under its wholesale power contract with East River Electric Coop. If the Dakota Energy chooses to do so, it can appeal to the Eighth Circuit “en banc” and request a ruling from all 11 judges on the circuit.