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HTMLThe Energy Industry Deserves Adequate Spectrum Resources
C. Douglas Jarrett, Gregory E. Kunkle, Jack Richards, Wesley K. Wright; Keller and Heckman LLP;
Legal Alert/Article
September 18, 2014, previously published on September 15, 2014
Electric utilities, oil and gas companies, and others in the energy industry rely on a variety of communications systems authorized by the Federal Communications Commission to meet their internal wireless communications requirements. In light of the critical nature of their services, they must...

 

HTMLEPA Preliminarily Approves Plan to Keep Arizona Coop Plant Open
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 16, 2014, previously published on September 11, 2014
The U.S. Environmental Protection Agency (EPA) has preliminarily approved a plan proposed by Arizona Electric Power Cooperative (AEPCO) to upgrade a power plant to lower emissions, keep the plant operating, and save hundreds of jobs. Congressman Ron Barber is recognized as leading negotiations...

 

HTMLTenth Circuit Stays EPA’s Rejection of Wyoming’s Regional Haze Plan
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 16, 2014, previously published on September 10, 2014
The U.S. Court of Appeals for the Tenth Circuit has stayed the U.S. Environmental Protection Agency’s rejection of part of Wyoming’s plan for addressing regional haze. The stay was sought by the State of Wyoming, Basin Electric Power Cooperative, and PacifiCorp. The court also granted...

 

HTMLKentucky Coop Plans to Deactivate Coal Plant
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 16, 2014, previously published on September 11, 2014
East Kentucky Power Cooperative will continue deactivating its coal-fired Dale Station power plant with complete shutdown expected by April 2015. Subject to regulatory approval, ash waste from the site will be transported to an ash landfill. The plant will be placed in indefinite storage to comply...

 

HTMLNorth Carolina Coop Entitled to Trial Over Condemnation
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 11, 2014, previously published on September 9, 2014
North Carolina’s Rutherford Electric Membership Corporation will get another chance in court to condemn certain land on which it wishes to run transmission lines. Landowner Tim Sweeney, a Cary, North Carolina, video game developer, challenged the condemnation last spring, and the Superior...

 

HTMLCalifornia Public Utilities Commission Imposes Record $1.4 Billion Penalty Against Utility Following September 2010 Pipeline Explosion
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 11, 2014, previously published on September 3, 2014
Yesterday, the California Public Utilities Commission (CPUC) issued four decisions by two Administrative Law Judges in connection with CPUC investigations of a utility’s gas transmission operations and practices, including pipeline recordkeeping, pipeline classification, and the September...

 

HTMLPennsylvania Court Reverses $2.5 Million Jury Verdict Against Utility For Painter’s Injuries From Fall
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 11, 2014, previously published on September 3, 2014
Last week, the Superior Court of Pennsylvania reversed a jury verdict against a utility of nearly $2.5 million for injuries a painting contractor’s employee sustained when he fell 40 feet while painting an electric transmission pole. The painting contractor had provided the worker with a pole...

 

HTMLBasin Preparing to Submit Information for Carbon Capture Test Center
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 11, 2014, previously published on September 3, 2014
Basin Electric Power Cooperative (Basin) and Black Hills Power have set a September date for submitting site-specific information on certain of their respective power plants in the hopes of one of them attracting a test center for carbon capture and sequestration technology. The test center is part...

 

HTMLCommonwealth Court of Pa. Limits Authority of PUC to Regulate Local Oil and Gas Development
Kevin R. Green; Burns White LLC;
Legal Alert/Article
September 9, 2014
In a three-to-two split decision on July 17, 2014, the Commonwealth Court of Pennsylvania in Robinson Tp., Washington County v. Com. upheld the constitutionality of three core provisions contained within Pennsylvania’s Marcellus Shale drilling law, Act 13 of 2012. However, the court held as...

 

HTMLIndiana Loosens Its Utility Belt: Prepaid Phones and Phone Service Subject to Utility Receipts Tax
Stephen A. Burroughs, Prentiss Willson; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 4, 2014, previously published on August 29, 2014
Indiana’s Department Revenue determined that the sale of prepaid phone cards and prepaid cell phones are “telecommunication services” subject to Indiana’s Utility Receipts Tax (URT). The URT is an income tax imposed upon the receipts a taxpayer receives from the sale of...

 


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