Electric Cooperatives

Overview

When it comes to providing legal services to energy cooperatives, Dykema’s 30-year record speaks for itself. We represent more than 35 electric cooperatives and rural electric associations nationwide, with a noteworthy concentration of clients in the Midwestern, Mid-Atlantic and Southeastern United States. In Michigan, for example, we represent every rural electric cooperative in the state. We are highly experienced as lead counsel in rural electric cooperative acquisitions of investor-owned utility electric and natural gas service territories, and serve as the National Rural Utilities Cooperative Finance Corporation’s recommended law firm for such acquisitions. 

On the legislative front, we are active participants in legislative issues affecting rural electric cooperatives throughout the country and, especially, in Michigan, where we have been involved with every piece of major legislation affecting cooperatives since the late 1970s.

Our energy team includes lawyers from the Firm’s government policy, corporate finance, employment, tax, and litigation practices to provide exceptional representation on issues that include:

  • Regulatory representation
  • Financing
  • State and federal taxation issues
  • Code of conduct issues
  • Interconnection and stray voltage issues
  • Privacy and labor issues
  • Cooperative formation and governance issues
  • Affiliate transactions
  • Drafting of bylaws, articles and related documents for cooperatives 

Experience Matters

  • Represented Southern Minnesota Electric Cooperative in the acquisition of Alliant Energy assets in Minnesota and various asset sales to its members.

  • Served as lead outside regulatory and corporate counsel for Cloverland Electric Cooperative in its purchase of Edison Sault Electric Company—an investor owned utility operating as a subsidiary of Wisconsin Energy Corporation. Dykema assisted with financing and due diligence, negotiated the purchase agreement, and worked with several state and federal agencies, including the Federal Energy Regulatory Commission, the Michigan Public Service Commission, the Department of Agriculture, and the Federal Communications Commission to receive all of the required regulatory approvals necessary to approve the purchase.
  • Represented Rock Energy Cooperative and Jo-Carroll Energy Cooperative, in acquiring the natural gas and electric service territories of Alliant Energy Corporation’s South Beloit Water, Gas and Electric Company and Interstate Power & Light Company.
  • Represented Choptank Electric Cooperative in its acquisition of the electric and gas assets of a municipal utility. 
  • Involved in the drafting of Chapter 11 of the Michigan nonprofit Act, which focuses exclusively on consumer-owned cooperatives.
  • Instrumental in the creation of, and serve as general counsel for, Michigan’s largest alternative energy supplier, and the only known cooperative alternative energy supplier in the nation, Wolverine Power Marketing, Inc.
  • Serve as general counsel to the Michigan Electric Cooperative Association.
  • Serve as general counsel to Wolverine Power Supply Cooperative, Inc., Michigan’s generation and transmission electric cooperative.
  • Serve as general counsel to Great Lakes Energy Cooperative, the region’s largest distribution cooperative.