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.

NorthWestern Energy Partners with East River Electric Cooperative for Switchyard Upgrade

NorthWestern Energy has partnered with East River Electric Cooperative and Central Electric Cooperative for a $7.8 million switchyard project. The project will increase reliability for customers in the area.

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...