Cooperative Subsidiary
Can a cooperative form a subsidiary? When would this be desirable, and what are the benefits to the cooperative and its members? In this post… Read More »Cooperative Subsidiary
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American Rescue Plan and Broadband
In March 2021, Congress approved $1.9 trillion under the American Rescue Plan Act (“Act”), which included emergency funding to respond to the pandemic and its… Read More »American Rescue Plan and Broadband
The Effect of USPS Rate Increases on Cooperatives
On May 28, 2021, the United States Postal Service (USPS) filed notice with the Postal Regulatory Commission (PRC) for rate increases, which will be effective… Read More »The Effect of USPS Rate Increases on Cooperatives
Mississippi Cooperatives Win Big on Arbitration Clause in Bylaws
In a lawsuit brought against a nonprofit, member-owned electric cooperative corporation, the plaintiff-members (“Plaintiffs”) alleged that Southwest Mississippi Electric Cooperative (the “Cooperative”) unlawfully failed to… Read More »Mississippi Cooperatives Win Big on Arbitration Clause in Bylaws
CARES ACT – Cooperative Eligibility
The CARES Act included economic stimulus packages of $349 billion for Paycheck Protection Program (PPP) Loans and modified the existing Economic Injury Disaster Loan (EID)… Read More »CARES ACT – Cooperative Eligibility
Cooperatives May Qualify for Benefits Under CARES Act
On March 27, 2020, the President signed into law the Coronavirus, Aid, Relief, and Economic Security Act (CARES ACT). The CARES Act provided an economic… Read More »Cooperatives May Qualify for Benefits Under CARES Act
AHC Attorney Discusses Cooperative Governance and Transparency Issues
AHC attorney Roland Hall was recently interviewed for an article on the trend toward more transparency and openness in cooperative governance. The article appeared in the July/August issue of the National Cooperative Business Association’s Cooperative Business Journal. Read More »AHC Attorney Discusses Cooperative Governance and Transparency Issues
Leading Broadband over Power Line Provider Closes its Doors
Broadband over power line (BPL) technology is designed to use existing power lines to provide broadband Internet access to businesses and consumers. In the early 2000s BPL was promoted by providers as a viable alternative to DSL and cable broadband offerings, especially in rural areas where there was no other means of broadband access. Although FCC put BPL on the fast track, the amateur radio community was strongly opposed to BPL on the basis that BPL equipment would interfere with the amateur radio wave bands. The FCC rules have been the subject of petitions and court proceedings, and nine years after the FCC initiated the rulemaking process, the process still continues. Read More »Leading Broadband over Power Line Provider Closes its Doors
Drafting Agreements for Smart Meter Projects
Many electric cooperatives are currently in the process of considering or moving forward with advanced metering infrastructure projects. AMI projects are complex and require consideration not only of purchase and installation issues, but also of maintenance, warranties, and long-term performance requirements. Also, because key components of the equipment and software required often come from different vendors, sophisticated project management is required to coordinate and ensure completion of required integration and interfaces. To ensure that all parties’ objectives are met, a thorough and balanced AMI agreement should be developed that documents project requirements and expectations.Read More »Drafting Agreements for Smart Meter Projects
Georgia Supreme Court Rejects Constitutional Challenge to Statute of Limitations Benefitting Electric Cooperatives
In the context of reviewing the viability of landowners’ nuisance claims against a Georgia electric cooperative, the Supreme Court of Georgia in Daniel v. Amicalola EMC recently rejected the landowners’ constitutional challenge to the one-year statute of limitations for rights of action resulting from an electric cooperative’s acquisition of an easement or use of the land of others. The court found a rational basis for the statue arising from the origin and nature of electric cooperatives. Read More »Georgia Supreme Court Rejects Constitutional Challenge to Statute of Limitations Benefitting Electric Cooperatives