Eighth Circuit Confirms Validity of Term Provisions in Wholesale Power Contracts
Posted on Sep 11, 2023 in Litigation | Comments Off on 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
Posted on Aug 4, 2023 in Member Buyout | Comments Off on 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
Posted on May 1, 2023 in Grid & Infrastructure | Comments Off on 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
Posted on May 2, 2022 in Uncategorized | Comments Off on 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
Posted on Apr 14, 2022 in Litigation | Comments Off on 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...
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