Rural Utility Cooperative Law Blog

C&A attorney David R. Cook recently spoke to a group of cooperative accountants about the role of accountants in cooperatives' board meetings.  The presentation focused on the duties of directors, officers, and in-house accountants to the cooperative and to each

In the latest Cooperative Tax Brief, C&A Attorney David Cook discusses a recent ruling by the Service that an international financing cooperative (“Finco”) with foreign members qualified under the U.S. tax code as a Subchapter T cooperative.   View the latest

This blog post was prepared by guest blogger Tim Madsen of Survey & Ballot Systems.  A cooperative, by definition, is an association of people voluntarily united to meet a common goal through democratic process and voluntary membership. Democratic cooperative governance

The latest Cooperative Tax Brief discusses a recent technical advice memorandum concerning the Member Income Test for Telephone Cooperatives.  The Service ruled that funds received by a telephone cooperative from two universal service funds were income to the cooperative, but were

C&A attorney David Cook will present a webinar for the National Association of Accountants for Cooperatives entitled "An Annual Update on Cooperative Taxation."  The webinar will cover the latest IRS rulings and guidance on cooperative taxation. Read more about cooperative

The Department of Energy will honor one electric cooperative that has exhibited leadership in the production of wind power this year.  It is now accepting nominations for the Wind Cooperative of the Year Award. Eligibility: All cooperatives that are members

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

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

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

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

The latest Cooperative Taxation Brief discusses the Internal Revenue Service's recent private letter ruling that confirms its long-held stance on discounting capital credits.  The ruling makes a number of key points that deserve revisiting.  This is especially true in light

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

The Rural Utilities Service of the Department of Agriculture has recently announced that, in certain circumstances, it is granting an exception to the $10 million limitation on the Business & Industry guaranteed loan program (B&I Program) in fiscal year 2011. 

Mergers of electric cooperatives are nothing new.  Over the years, several mergers have occurred, mostly for the purpose of consolidating business functions and generating savings for members.  For example, currently DS&O Electric Cooperative and Rolling Hills Electric Cooperative, both located

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

The USDA announced on August 29, 2011, that sixteen electric cooperatives throughout the United States would receive a total of $900 million in loans for smart grid projects and improvements to generation and transmission facilities.  The loans are being provided

The Rural Utility Service of the U.S. Department of Agriculture (“RUS”) announced the availability of over $325 million for the Rural Broadband Access Loans and Loan Guarantees Program for fiscal year 2011.

“Smart grid” initiatives can take many forms, from improving existing generation, transmission and distribution systems with new technology and software to rolling out smart meters and consumer devices. Although the media often focuses its attention on smart meters and appliances,

A previous Cooperative Tax Brief posed the question: "Why would a cooperative give up the benefits of tax exemption?" In two recent private letter rulings, electric cooperatives (a distribution cooperative and a G&T cooperative) sought to surrender their tax-exempt status

On March 7, 2011, the NRTC announced that it would offer a wireless AMI (advanced metering infrastructure) system to its members from Sensus.

While most electric cooperatives are tax exempt under Tax Code Section 501(c)(12), some of them operate as "taxable" cooperatives that are subject to a special body of federal tax law in effect before the enactment of Subchapter T in 1962.

he USDA announced on March 10, 2011, that the Rural Utilities Service (RUS) is now accepting applications for broadband loans under the Broadband Loan Program. Although a final appropriations act has not yet been passed, RUS issued the notice now

Cooperatives are eligible to receive clean renewable energy bonds (CREBs) under the Internal Revenue Code.  As explained by attorney David R. Cook, CREBs are tax-exempt bonds that offer lower-cost financing for cooperative's renewable energy projects.  The IRS allocates and awards

Attorney David R. Cook identify a number of considerations in developing renewable energy projects in a recent Construction Alert.  They combine their energy and construction expertise to remind project owners and developers of a few key points that arise in