It took over ten years, but the dispute over coal transportation costs between Berkshire Hathaway-owned BNSF Railway and the regional utilities associated with the Laramie… Read More »Electric Utility Win Against Unjust Railway Rates Could Benefit Other Industries
Socorro, a New Mexico city of 72,000 about 75 miles south of Albuquerque, is seeking to pass several ordinances concerning the governing of its electric… Read More »New Mexico co-op faces opposition by city
USDA Magazine Article Discusses Management of Capital Credits and Patronage Dividends The USDA publishes a bi-monthly magazine, Rural Cooperatives, which covers various issues encountered by… Read More »USDA Magazine Article Discusses Management of Capital Credits and Patronage Dividends
A federal appellate court recently addressed a distribution cooperative’s lawsuit against a G&T cooperative with which it had a power purchase agreement. Though the lawsuit alleged the G&T cooperative breached the PPA, the latest ruling focused on whether federal courts have jurisdiction to hear the claim. Ultimately, the courts concluded that the claim belonged in state court, as it did not involve a question of federal law. Read More »Cooperative’s PPA Lawsuit Against G&T Remanded
AHC attorneys have been closely following lawsuits against cooperatives’ capital credit management. We recently developed an updated summary of the cases. Take a moment to review the summary by clicking here.Read More »Updated Capital Credits Litigation Summary
In another lawsuit concerning cooperatives’ capital credit practices, a North Carolina trial court ruled in favor of a cooperative that we previously wrote about in another blog post.
The court ruled, based on the facts at issue, that the cooperative had no fiduciary duty to the plaintiffs, which were a group of deceased members’ estates. In addition, it declared that the cooperative had authority to adopt a procedure for retiring deceased members’ capital credits on an accelerated and discounted basis. However, it expressly did not rule on whether the cooperative, in practice, properly discounted the capital credits. In other words, the court reserved judgment on the specific manner of discounting the particular capital credits at issue in this case. Read More »Cooperative Litigation Update: N.C. Court Rules on Coop’s Discounting Program
Earlier this past July, the Texas Court of Appeals ruled on important aspects of the cooperative lawsuit concerning Denton County Electric Cooperative, Inc., d/b/a CoServ Electric (“CoServ”). The court ruled, among other things, that (i) the cooperative was not subject to certain statutory rules governing non-profit corporations, and (ii) the electric cooperative statute did not impose a fiduciary duty on the cooperative itself. Read More »Cooperative Litigation Update: Texas Cooperative Lawsuit Considered on Appeal
AHC attorney David Cook has written an article for The Cooperative Accountant, a journal published by the National Society of Accountants for Cooperatives. The article… Read More »Effectively Managing Capital Credits
The latest AHC Cooperative Taxation Brief discusses the Internal Revenue Service’s recent private letter ruling that confirms its long-held stance on discounting capital credits. The… Read More »IRS Confirms the Propriety of Discounting Capital Credits
Another class action proceeding has been filed against Carroll Electric Service Corporation, this time before the Arkansas Public Service Commission. In a previous post, we discussed the Arkansas Superior Court’s dismissal of a civil action filed against Carroll. This latest filing largely continues that litigation, just at a different forum.
Read More »Class Action Continues Before State Public Service Commission
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