Rural Utility Cooperative Law Blog

FERC's Notice of Proposed Rulemaking proposes to speed up the construction of natural gas pipeline by expanding its Blanket Certificate Program. The NOPR seeks to increase the BCP Cost Limits, set annual cost adjustments based on the Handy-Whitman Index, and

USDA adopted final rules for implementing NEPA (National Environmental Policy Act) for USDA-funded projects. The revisions are intended to streamline USDA's NEPA regulations, even removing some previous USDA regulations. The new rules do not necessarily affect regulations imposed by other

T-Mobile South, LLC filed an application in 2010 for a cell tower on 2.8 acres of vacant residential property in the City of Roswell. The City's zoning ordinance required permits for all new wireless facilities. The City denied the permit

This is an interesting case before the U.S. Supreme Court involving telephone companies' violations of CPNI rules. The question is whether the FCC's penalty process for CPNI violations is consistent with Article III and the Seventh Amendment. AT&T and Verizon were

A personal injury case arising from a workplace accident at Georgia Power’s Old National Substation centers on who was responsible for safety decisions on a multi-contractor project. Importantly, the question involves more than tort liability. The Project and Injury Plaintiff,

The FCC adopted rules to establish a new competitive bidding portal and document repository for the E-Rate program. With the stated goal of assisting with E-Rate compliance and reducing fraud, waste, and abuse in the program. Here's a summary from

Notice 2026-15 provides guidance for determining whether electricity-producing qualified facilities, energy storage technologies, or eligible components are receiving material assistance from a prohibited foreign entity and would be ineligible for certain energy tax credits. Treasury and IRS intend to propose

Mere knowledge of infringement and insufficient action to prevent it is not enough for an ISP to be contributorily liable for copyright infringement. An ISP challenged a decision of the Fourth Circuit affirming its contributory liability when others used its

RUS amended its regulations to address renewables, including solar, wind, and storage plants. New accounts were created for bundles and unbundled environmental credits. RUS provided guidance about gains and losses from disposition of those credits, as well as penalties. It

In a closely monitored case, the U.S. Supreme Court ruled that that Universal Service Fund does not violate the nondelegation doctrine. In F.C.C. et al. v. Consumers Research et al., the petitioners requested the Court to rule that the USF

In prior posts, I addressed revisions to regulations for electric borrowers. These regulations have been amended again to accomplish the following objectives: provide more flexibility for the RUS Electric Program borrowers to complete emergency repairs while maintaining the ability to

The FCC has ruled that electric consumers consent to calls when they provide their phone number to electric utilities. For demand-response functions, the utilities' calls are closely related to their utility service.  In its ever-increasing demand for power along with

THIS POST HAS BEEN UPDATED. SEE THE MOST RECENT UPDATE BELOW. On December 26, 2024, the Fifth Circuit lifted its stay of the district court's injunction -- thus, re-instating the injunction against enforcement of the CTA's beneficial ownership reporting requirement. 

Senate Resolution 424 establishes the Senate Study Committee on Franchise Fees to examine and make recommendations regarding the imposition and distribution of franchise fees by electric utilities, particularly in unincorporated areas of Georgia. The resolution states: [M]unicipalities lease their rights

A telecom provider has sued a gas utility for allegedly damaging its fiber-optic cable. Zayo Group contends Atlanta Gas Light damaged the line while excavating with mechanized equipment. As a result, Zayo Group alleges it suffered disturbance to its rights

The IRS is seeking comment on Form 1099-PATR "Taxable Distributions Received from Cooperatives."  Under IRC Sec. 6044, Subchapter T cooperatives must issue Form 1099-PATR if patronage payments to any person exceeds $10 in the aggregate.  However, the rule does not

On an issue of first impression, the Court of Appeals of Georgia concluded that renewable energy credits are considered "specific intangible property" that is subject to a claim of conversion. Conversion is a claim that another person exercises ownership or

High-quality telecommunications is extremely important to rural communities. Rural telecom cooperatives are essential to providing those services, and USF is an important method of keeping those services affordable. So when a group challenged the constitutionality of the program, rural utility

Introduced earlier this month, Senate Bill 341 would exempt certain broadband grants from federal income tax. If enacted, the bill would exempt the following grants from tax: We have previously written about the act that rendered grants subject to taxation,

The U.S. Supreme Court ruled that the federal False Claims Act applies to claims made under the E-Rate program, even though the funds are received and handled by the Universal Service Administrative Company. This is an important ruling because the

On December 26, 2024, the Fifth Circuit lifted its stay of the district court's injunction -- thus, re-instating the injunction against enforcement of the CTA's beneficial ownership reporting requirement.  Coincidentally, the order was issued on the same day that the

A prior post addressed RUS' amendment of its audit requirements.  RUS publishes final rule on audit requirements – Cook & Associates (and comments requested here: RUS Seeks Comment on Audit Rules – Cook & Associates).  The RUS again amended it regulations to conform

A recent IRS ruling addresses how one taxable telephone cooperative managed to avoid a devastating taxable gain on the sale of its interest in a subsidiary.

In a recent private letter ruling, the Service addressed a cooperative's reorganization into a for-profit corporation. The transaction qualified under Section 354(a) and Section 368(a)(1)(F).  In the reorganization, the cooperative transferred its assets to an LLC taxed as a corporation