Coop Litigation News

Tracking Legal Events involving Electric & Telephone Cooperatives

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Here we attempt to highlight some of the more interesting recent developments concerning Rural Electric Cooperatives and Rural Telephone Cooperatives involved in litigation.


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


But then remember that Will Rogers famously said:




Cobb Electric (Georgia)


Cobb EMC faces another Lawsuit

Atlanta Journal Consitution
January 15, 2010

Cobb EMC faces another lawsuit, this one claiming it owes thousands of former customers up to $300 million. The lawsuit seeks class-action status for all former customers since 1939.

The lawsuit, filed Friday in Cobb County Superior  Court, claims that Cobb EMC, one of Georgia’s largest electric cooperatives, has kept money owed to former customers in violation of "longstanding principles" that guide electric membership cooperatives nationwide.


It also says the co-op used money that should go to former customers to make periodic rebates to current customers.  The company's Web site says the copop has paid $33 million in rebates since 1996.


The lawsuit, filed by Alpharetta law firm Pierce, Gabriel & Parker, also claims Cobb EMC has failed to abide by the terms of its own charter, which calls for repaying current and former customers from its excess earnings. The excess is credited to members based on power usage.


"Cobb EMC has kept these capital credits and not returned any," said attorney Chuck Gabriel. But unlike current customers, former EMC customers can only seek repayment through the courts, said attorney Sam Pierce. . . .


The co-op settled a lawsuit with suing customers in December 2008, related to a for-profit affiliate, Cobb Energy.

In April last year, the Cobb County district attorney's office executed search warrants at five locations related to Cobb EMC.






Pedernales Electric Cooperative (Texas)

Indictments say pair directed co-op money to relatives of PEC executives

Austin American-Statesman
Saturday, June 20, 2009

Indictments unsealed Friday against the former general manager and top outside lawyer at the Pedernales Electric Cooperative say they arranged for thousands of dollars of co-op money to be paid to relatives of PEC executives.


According to the indictments, Bennie Fuelberg, who ran the Johnson City-based co-op for more than 30 years, and lawyer Walter Demond, directed payments exceeding $200,000 to Curtis Fuelberg, who is Fuelberg's brother, and William Price, who is the son of former Director E.B. Price. . . .


Both Fuelberg and Demond are named in the indictments on three identical felony counts — misapplication of fiduciary property, theft and money laundering. . . .  Both men are expected to be arraigned next month.


The indictments are the first result of a five-month grand jury inquiry into wrongdoing at PEC, which has more than 229,000 members in Central Texas.


The payments were uncovered last year in a review by Navigant Consulting Inc. . . . [that] found $510,000 in unexplained payments from PEC to Clark Thomas & Winters, which had been the co-op's outside law firm for 70 years.






Pedernales Electric Cooperative (Texas)


Grand jury indicts former Pedernales leader, longtime lawyer

Austin American-Statesman
Thursday, June 18, 2009

JOHNSON CITY -- A Blacno County grand jury handed down indictments Wednesday against the former top executive and former top lawyer for the Pedernales Electric Cooperative.





Pedernales Electric Cooperative (Texas)

Pedernales settlement makes sense -- on the whole

Austin American-Statesman
Wednesday, May 7, 2008

State District Judge John Dietz this week approved a settlement in the civil suit against Pedernales Electric Cooperative Inc. that should, on the whole, be regarded as a good one for the co-op's 220,000 member-owners.  The suit accomplished its most important mission, which was major reform of the co-op's governance, even if it fell short in its effort to force out all of the board members and make them and top managers - now retired and gone - pay back some misspent co-op money.





Cobb Electric Cooperative (Georgia)

Authorities raid Cobb EMC offices

Atlanta Journal-Constitution
Thursday, April 23, 2009

The Cobb County district attorney's office and local and state law enforcement agencies executed search warrants Wednesday at five locations related to the Cobb Electric Membership Corp.





Cobb Electric Cooperative (Georgia)

"We are being swindled"

The Marietta Daily Journal
September 5, 2008

MARIETTA - Temperatures and tempers were hot Thursday morning at the 70th annual members meeting of the Cobb Electric Membership Corporation at its headquarters off Cobb Parkway.


A conflict of interest by Cobb EMC's President and CEO Dwight Brown and its board who also oversee nonprofit EMC's for profit subsidiary, Cobb Energy, were foremost on the minds of co-op members who voiced their frustration and asked board members to resign. . . .


Fletcher Thompson, a Marietta resident who represented Georgia in Congress for three terms beginning in 1967, was first at the microphone during new business. . . .


"We are being swindled," Thompson said. . . .


[MORE]




Carroll Electric Cooperative (Arkansas)

Carroll Electric herbicide opponents get short shrift at annual meeting

The Lovely County Citizen
Monday, June 1, 2009

BERRYVILLE -- About 150 people who came out to the Carroll Electric Cooperative Corp. (CECC) annual meeting May 28 to request the utility reduce or eliminate herbicide spraying on right-of-ways found that their pleas didn't fall on deaf ears. They fell on no ears at all.


Pedernales Electric (Texas)


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. . . .






Cobb Electric Cooperative (Georgia)


Cobb EMC/Energy HQ. CEO's residence raided

The Marietta Daily Journal
April 23, 2009

MARIETTA - In a surprising and sweeping episode Wednesday morning, dozens of Georgia Bureau of Investigation agents descended on the offices of Cobb EMC and Cobb Energy and the homes of the CEO, board chairman and two other board members seeking documents, computers and video files that may - or may not - show evidence of racketeering and theft.


The agents, in conjunction with District Attorney Pat Head's office and with assistance of Cobb sheriff's deputies, also served search warrants at the east Cobb estate of EMC president and CEO Dwight Brown; the Fulton County home of EMC board chairman Larry Chadwick; and the Cobb County homes of board members David McGinnis and Dr. Frank Boone.


"The assets of Cobb EMC were unlawfully transferred to Cobb Energy, a for-profit corporation, in which Brown was the President and CEO and of which Boone, McGinnis, and Chadwick were board members," according to the narrative of probable cause in Cobb Superior Court. . . .


About a dozen GBI agents and sheriff's deputies arrived at Cobb EMC headquarters about 9 a.m. in unmarked cars.  A steady stream of customers came and left from the building throughout the day, and agents emerged shortly before 2 p.m. with about 15 boxes of documents.  More than a dozen agents searched Brown's home at the same time.






Carroll Electric Cooperative (Arkansas)


Lawsuit accuses CECC of 'unjust enrichment' at the expense of members

The Lovely County Citizen
Friday, July 3, 2009

A lawsuit filed June 10 in Benton County against Carroll Electric Cooperation Corporation (CECC) alleges the company has oppressed shareholders and violated its fiduciary duties for unjust enrichment.


CECC spokeswoman Nancy Plagge had no comment on the lawsuit because it has not yet been reviewed by the CECC attorney. The complaint by Joe Capps, of Siloam Springs, individually and on behalf of all other present and former coop members, said as a non-profit corporation, CECC cannot earn a profit.


$170 million


"The cooperative is obligated to pay by credits to a capital account for each patron, all such amounts in excess of operating costs and expenses," the complaint filed in Benton County Circuit Court states. "Carroll Electric possess over $170 million of 'patronage capital' or 'capital credits.' Carroll Electric pays neither interest nor dividends for use or on account of the patronage capitol ... the cooperative does not return patronage capital to former members, or excess capital to current members." . . .


The lawsuit alleges the board has irresponsibly endangered the coop's tax-exempt status by retaining the capital credits.






CoServe Electric (Texas)
Carroll Electric Cooperative (Arkansas)


Man Sues Carrol Electric

The Morning News
Thursday, June 18, 2009

BENTONVILLE --  A Siloam Springs man has a gripe against Carroll Cooperative, and in filing a lawsuit Wednesday claims the corporation has failed to refund more than $170 million in capital credits to past and present members.





CoServe Electric (Texas)

CoServ Electric members file lawsuit against co-op

Dallas Business Journal
Friday, February 20, 2009

A lawsuit filed Wednesday by members of CoServ Electric alleges that the co-op has wrongfully taken $54 million of the members' money for its own use through improper accounting practices.





Pedernales Electric Cooperative (Texas)


PEC reaches settlement with its former law firm

San Marcos Mercury
Thursday, June 18, 2009

Austin-based law firm Clark, Thomas & Winters will pay Pedernales Electric Cooperative $4.1 million to settle a lawsuit over improper payments to relatives of former cooperative officials.





CoServe Electric (Texas)

CoServ Electric, Telecom emerge from Bankruptcy

Dallas Business Journal
Friday, December 13, 2002

Corinth-based CoServ Electric and CoServ Telecom have emerged from bankruptcy, after completing the Chapter 11 reorganization process that began in November last year.





This page was last modified on Sunday, January 31, 2010