Eversheds Sutherland Coop Law Blog
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An Activist Framework for Cybersecurity Oversight

Three recent initiatives by different arms of the federal government intended to help combat cyber threats to the nation’s critical energy infrastructure reveal an activist approach to regulating cybersecurity.  At this juncture, it is difficult to ascertain the legal and political ramifications of the three initiatives, but members of the energy sector should pay attention — the...

FERC Launches New Cybersecurity Office

The Federal Energy Regulatory Commission (FERC) is creating a new office to address cyber and physical security risks to FERC-jurisdictional facilities, such as electric generation and transmission facilities, oil and gas pipelines, and LNG terminals. The new Office of Energy Infrastructure Security (OEIS) will rely on FERC’s existing statutory authority in providing “leadership,...

Discounting of Capital Credits of Deceased Members Upheld in North Carolina

On August 8, 2012, the North Carolina Business Court held that electric cooperatives may lawfully discount capital credits of deceased members when they are retired early.  The court also held that electric cooperatives do not owe a fiduciary duty to those members with respect to the timing and procedures for retiring capital credits.  Read the full Sutherland Legal Alert.

Two New Patronage Capital Cases Hit Alabama Coops

Click here to read a Sutherland Legal Alert about two class action patronage capital cases that were recently filed in Alabama courts.

Federal Entities Face Monetary Penalties for Reliability Standards Violations

As reported by Sutherland attorneys in a July 24 Legal Alert, federal entities, such as power marketing administrations, may be assessed monetary penalties for violating the North American Electric Reliability Corporation’s (NERC) Reliability Standards. Read more about FERC’s groundbreaking order here.

Review of Transmission Incentive Policies May Prompt Narrower Scope and Fewer Benefits

As explained by Sutherland attorneys in this legal alert, FERC has issued a Notice of Inquiry that asked for industry input on transmission investment pricing policies. The Notice of Inquiry asks whether the rate incentives provided under FERC’s transmission investment pricing policies effectively encourage the development of transmission infrastructure. Comments will be due 60...

Update on Patronage Capital Cases, New Case Filed in North Carolina

A new patronage capital case has been filed in North Carolina – the first known patronage capital case of this kind to be filed in the state. The class (consisting of the estates of deceased members of South River Electric Membership Corp.) claims that the coop discounted accumulated capital credits of the deceased members at retirement and converted them to permanent equity by...

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