Electric Cooperatives

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Electric Cooperatives

With years of experience at the forefront of the industry, our Electric Cooperatives attorneys can help you with every aspect of electric coop law.

Your role within the electric cooperative industry means that you are part of a sector with a distinct social mission and historical significance. In the four decades in which we’ve proudly served electric coops, we have developed a deep familiarity with all aspects of the business, cultivated relationships with all key industry players, and have been at the forefront of growth and evolution in this inventive and independent industry. 

One example of this is the rise of the first mortgage indenture as the market-accepted security instrument for electric cooperative financing transactions. We’ve pioneered the shift away from traditional financing to embrace other financing structures and partners, such as institutional investors in private placement transactions.

In an increasingly complex world, we understand that electric cooperatives continue to face new challenges. We work to stay abreast of the ever-evolving utility industry to understand and shape developments affecting all aspects of the industry,  from financing and tax to member contracts, regulatory, power supply (including renewable energy from solar to carbon capture) and project development. 

Because our Electric Cooperative practice draws on the resources and experience of our broader Energy practice, we’re also able to help you take advantage of strategies embraced by others in the energy industry when beneficial.

We offer a variety of services that will help you reimagine your approach to litigation, power purchase arrangements and project development, member contracts, cooperative tax, and regulatory matters. The breadth of our knowledge allows us to navigate your most challenging legal matters in the ever-changing electric cooperative landscape.  

 

Our attorneys can help you with all the legal aspects associated with electric cooperatives. Our representative experience includes:

  • representing a generation and transmission (G&T) cooperative in the negotiation and documentation of a first mortgage indenture, which provides a system lien for the pro rata benefit of such cooperative’s secured debt holders, and negotiating amended loan documentation with secured debt holders
  • obtaining judgments upholding validity of long-term, all-requirements wholesale power contracts between generation and transmission (G&T) cooperative and its member cooperatives in South Dakota and South Carolina
  • representing a generation and transmission (G&T) cooperative throughout bankruptcy proceedings, including the decision to file, critical claim objections/adversary proceedings, working with secured, unsecured and debtor-in-possession lenders, and working with member and other constituencies to develop exit plan
  • representing generation and transmission cooperative (G&T) in all aspects of development and financing of large carbon capture and sequestration project in connection with coal-fired power plant
  • representing a generation and transmission cooperative (G&T) in three separate private placements of first mortgage bonds in an aggregate amount of $300 million
 

Energía

Contactos clave

peterfozzard@eversheds-sutherland.com

Peter A. Fozzard

Senior Counsel

Atlanta, United States

cindyupchurch@eversheds-sutherland.com

Cindy A. Upchurch

Partner

Atlanta, United States

herbertshort@eversheds-sutherland.com

Herbert J. Short, Jr.

Partner

Atlanta, United States

jamesorr@eversheds-sutherland.com

James A. Orr

Partner

Atlanta, United States

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