Eversheds Sutherland Coop Law Blog
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Federal Courts Uphold Wholesale Power Contract Terms to Prevent Early Termination

Federal courts in South Carolina and South Dakota have upheld the terms of wholesale power contracts (WPCs) between East River Electric Power Cooperative, Inc. (East River) and Central Electric Power Cooperative, Inc. (Central Electric) and their members. The separate cases involved distribution cooperative members of East River and Central Electric who sought to terminate and buy out...

East River Electric Cooperative Wins Summary Judgment on Wholesale Power Contract Buy-Out Dispute

U.S. District Judge Larry Piersol granted East River Electric Cooperative’s (East River) motion for summary judgment in a suit initiated by Dakota Energy Cooperative (Dakota Energy). Dakota Energy requested that it be able to terminate its wholesale power contract with East River and pay a buy-out fee. Judge Piersol ruled that the contract did not provide for early termination and that...