Coop Litigation News

Tracking Legal Events involving Electric & Telephone Cooperatives

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Buyout Issues

Here we attempt to highlight some of the more interesting and more important issues concerning Buyouts of Rural Electric Cooperatives and Rural Telephone Cooperatives and how this relates to existing or potential litigation.

Some of these links take you outside of the Rural Coop Litigation News website so we aren't responsible for the content. 


PEC says co-op 'not for sale'

San Marcos Local News
January 20, 2010

Pedernales Electric Cooperative’s (PEC) board of directors made it clear Tuesday that the largest co-op in America is not for sale.

The board made the declaration after meeting in executive session to discuss an offer made by New Jersey-based Quentin Capital Management LLC to purchase PEC.  Quentin Capital also made an offer to buy PEC in 2008.


“We remain committed to the position — as previously stated by the Board on Sept. 15, 2008 — that this cooperative is not for sale,” said PEC Board President and District 6 Director Larry Landaker.


The board directed staff to create a formal response to Quentin Capital and to develop a policy for board consideration to address any potential future offers. . . .


[Editors Note:  See Terms of Rejected Offer Below.]






Major Texas, Georgia Coops
Reject Buyout Offers


The Coop Litigation News has recently become aware of an extremely interesting turn of events involving Rural Electric Coops. 

A substantial investor has made credible offers to "buyout" or purchase for cash at least two major Coops lock, stock and proverbial barrel.  Both offers involve over $500 Million.


To quote Don Corleone from the Godfather  these are seemingly "offers that [the Coops] can't refuse.

Reliable sources have told the Coop Litigation News that the terms of both of the offers are virtually identical:

  • Pay 100 cents on the dollar to current and former members of the Coop for their capital credits.
  • Assume and/or pay all outstanding debt of the Coop.
  • Freeze electric rates for three years.
  • After three years electric rates would be set by the state public utility commission.
  • Not fire any rank and file employees absent good cause.
  • Keep the current Coop board of directors.
  • Keep current management of the Coop.  (Naturally incompetent or corrupt managers like those indited or facing indictment would not be retained.)
We understand both offers were backed by major institutional investors with billions of dollars in assets willing to purchase these Coops in a matter of months.

Such offers look to be one of those cliched "win win" situations:
  • This would quickly infuse hundreds of millions of dollars into the local economies from out of state investors.
  • Nationwide the average Coop member has over $1,000 -- many have over $10,000 -- in capital credits which they would receive in cash in a few months.  Money that it will take decades for the Coop members to receive under existing Coop management -- if ever.
  • The Coop would become a taxable entity adding millions of dollars to state and/or local budgets.

But for some unknown reason the Boards of Directors of both "Buyout Targets" -- Cobb Electric in Georgia and Pedernales Electric in Texas -- have rejected the offers. 

Our investigation is ongoing and we'll report what we find, when we find out why the offers were rejected.

This issue is known to exist at two Coops:



Louisiana Coop Members to Decide Sale to Investor Owned Utility


Members of Louisiana’s Valley Electric Membership Corporation are expected to vote in January or February on whether to dissolve the cooperative and sell its transmission and distribution assets to Southwestern Electric Power Company (SWEPCO).


The 30,000-member co-op, based in Natchitoches, Louisiana, signed a letter of intent with SWEPCO, a subsidiary of Columbus, Ohio-based American Electric Power (AEP), in November.  A formal purchase agreement is expected to be concluded before the end of this year.


That would leave approval by the Valley Electric membership, AEP directors and the National Rural Utilities Cooperative Finance Corporation, along with clearances from state regulators in Louisiana and Arkansas and the Rural Utilities Service before the transaction could be completed.


A member of the Louisiana Public Service Commission said the sale would mean lower rates for Valley Electric members. The deal would include an estimated sale price of about $94 million, along with payment of the members’ patronage capital, estimated at about $30 million.


See American Electric Power Press Release




This page was last modified on Wednesday, January 27, 2010