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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

Substantial Changes To Required Credit Notices to Consumers

Some electric cooperatives consider consumers’ credit scores in reviewing their applications for electric service.  Cooperatives that sponsor financing programs for their members may review members’ credit scores as well.  The Federal Trade Commission and Federal Reserve Board recently made changes to the Risk-Based Pricing Rule (the “Rule”) that will now require cooperatives to disclose credit score information to consumers and members in certain situations.Read More »Substantial Changes To Required Credit Notices to Consumers

NERC Revising “Bulk Electric System” Definition and Related Exception Procedure

It’s been nearly a year since the Federal Energy Regulatory Commission (FERC) issued Order 743 (on November 18, 2010) directing the North American Electric Reliability Corporation (NERC) to revise the definition of the Bulk Electric System (BES).  That definition for many years had been:

As defined by the Regional Reliability Organization, the electrical generation resources, transmission lines, interconnections with neighboring systems, and associated equipment, generally operated at voltages of 100 kV or higher. Radial transmission facilities serving only load with one transmission source are generally not included in this definition.

Read More »NERC Revising “Bulk Electric System” Definition and Related Exception Procedure