Author: Chris Hayes

2018 WIRE Scholarships Available For KY College Students

The Kentucky Chapter of Women in Rural Electrification (WIRE) is offering three $1,000 scholarships to Kentucky college students.

The scholarships are open to any applicant who meets the following criteria:

  • Student or Student’s family must be served by a Kentucky Rural Electric Cooperative.
  • Student must have completed at least 60 credit hours at the beginning of the 2017 Fall College Term.
  • Student must attend a Kentucky college or university

The scholarship application deadline is JUNE 8, 2018. Scholarship recipients will be notified in July. Scholarships will be awards based on academic achievements, extracurricular activities, career goals, recommendations from professors and community leaders, and financial need.

Mail applications to: Mary Beth Dennis, KAEC, P.O. Box 32170, Louisville, KY 40232.

WIRE Scholarship Application

Kentucky’s Electric Cooperatives Tracking Winter Weather

Crews from Kentucky’s electric cooperatives are preparing for the potential impact of winter weather moving through the commonwealth on Friday and Saturday.

As of 10am (EST), about 100 power outages were reported by co-ops in central and western Kentucky. Co-ops serve about 1.5 million Kentuckians in 117 of 120 counties.

“Right now, co-op electric crews are loading and checking their trucks and restoration equipment to function correctly in the next few days of freezing rain, sleet and several inches of snow with wind and freezing temperatures we are expecting to see in Kentucky,” said Clarence Greene, director of safety and loss prevention at the Kentucky Association of Electric Cooperatives, the statewide association providing services to each electric cooperative in the state.

“Some problems restoration crews face are slick, slippery roads and walking surfaces,” Greene continued, “trees and downed power lines across roadways and possible back-feed from consumer generators and cold wet working conditions.”

Preparations with out of state crews have also been made if more help is needed, Greene added.

Kentucky’s electric cooperatives are stressing safety as the winter weather hits. Remember the following tips to stay safe and warm should you find yourself in the dark after a severe winter event:

  • Never touch a fallen power line, and assume all wires on the ground are electrically charged. Call your electric co-op to report it immediately. Avoid contact with overhead lines during cleanup and other activities.
  • In the event of an outage, an alternate heating source—such as a fireplace, propane space heater, or wood stove—may be used. Extreme caution should be taken.
  • Plan to stay in an area of the home where the alternate heat source is located.
  • Fuel- and wood-burning heating sources should be vented. Be sure to follow manufacturer’s directions.
  • Make sure carbon monoxide detectors and smoke detectors are working properly.
  • Do not use a gas-powered oven for heating. A gas oven may go out or burn inefficiently, leading to carbon monoxide poisoning.
  • Do not use a gas or charcoal grill inside the home. Do not use charcoal briquettes in the fireplace.
  • If you use a portable generator to power a heating source, be sure the generator is located outside your house for proper ventilation. Do not use a generator in an attached garage. Follow manufacturer’s directions for operating the generator.
  • Take special care not to overload a generator. Use appropriately sized extension cords to carry the electric load. Make sure the cords have a grounded, three-pronged plug and are in good condition.
  • Never run cords under rugs or carpets.
  • Never connect generators to power lines. The reverse flow of electricity can electrocute an unsuspecting utility worker.

Ideally, your family will stay warm until the power comes back on. But keep an eye on family members for signs of hypothermia, which include shivering, drowsiness, and mental and physical slowness. The elderly and young children are particularly vulnerable to hypothermia. Call 911 immediately if you notice these symptoms. At least one telephone in the house that does not depend on electricity should be available in the case of a power outage.

 

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Kentucky electric cooperatives serve more than 1.5 million people—about 35% of the state’s population—in 117 of Kentucky’s 120 counties. The Kentucky Association of Electric Cooperatives provides representation before the Legislature, Congress, and regulatory bodies; safety training; coordination of management training; and public relations support including publication of Kentucky Living magazine. KAEC is governed by a board consisting of one manager and one director from each of its 26 member systems, and is headquartered in Louisville.

Kimbell’s Term As KAEC Board Chair Ends

Saluted as a “true cooperative leader,” KAEC Board Chairman David Kimbell ended his two year term at the helm of the Kentucky statewide board at the board’s December meeting in Louisville.

KAEC President and CEO Chris Perry presented Kimbell, a board member at Gibson Electric, with an electric lineman statue symbolic of Kimbell’s commitment to the state’s electric cooperative program.

“By continuing to serve KAEC even while making big decisions for his home cooperative when Hickman-Fulton RECC merged with Gibson Electric, David put the best interests of the co-op forward and helped forge a new direction for the statewide association at a pivotal time in our history,” Perry said.

Kimbell is succeeded as KAEC Board Chair by Owen Electric Cooperative President and CEO Mark Stallons. Bob Berry, President and CEO of Big Rivers Electric Corporation, is now KAEC Vice Chairman. Pennyrile Electric President and CEO Greg Grissom is the new Secretary Treasurer.

The terms of all three officers run from December 2017 to December 2019.

Clean Power Plan Replacement Should Focus On Reliability, Affordability And Clean Air Act Precedent

National Rural Electric Cooperative Association (NRECA) CEO Jim Matheson today released the following statement on the Environmental Protection Agency’s (EPA) advance notice of proposed rulemaking to replace the Clean Power Plan:

“We are pleased that EPA has taken this necessary step to replace the Clean Power Plan. America’s electric cooperatives support the development of a common-sense, durable policy that is focused on improvements that are specific to each electric-generating unit. This approach is consistent with decades of policy precedent and would produce greater regulatory certainty for electric cooperatives and their members.

“At its core, the regulation should maintain electric reliability and minimize the economic impact on consumers. We look forward to working with EPA on a rulemaking that achieves these critical goals.”

The National Rural Electric Cooperative Association is the national service organization that represents the nation’s more than 900 not-for-profit, consumer-owned electric cooperatives, which provide service to 42 million people in 47 states.

Shelby Energy, Norfolk Southern Railway Partner To Promote Shelbyville Site To Employers

Shelby Energy Cooperative and Kentucky’s Touchstone Energy Cooperatives are using high-tech tools to help draw employers to a high-profile Shelbyville, Ky., site.

The 400-acre Norfolk Southern property, located adjacent to Interstate 64 in Shelbyville, is the latest site showcased on www.DataIsPower.org, which features locations available to commercial and industrial businesses looking to expand or relocate. Videos and detailed data about the property appear on the PowerVision page of the web site.

The property features ready accessibility to rail and interstate transportation, as well as the nearby Louisville International Airport and UPS Centennial Hub.

Working closely with Norfolk Southern, which owns the property, the cooperatives used aerial drones to film and digitally map and analyze the land, producing a five-minute flyover video and another video featuring three-dimensional analysis of the site.

“Shelby Energy is always ready to work with our members to bring jobs and investment to our community,” said Debbie Martin, President & CEO of Shelby Energy Cooperative. “We’re excited about the possibilities it offers for the community.”

Jake Weir, Industrial Development Manager for Norfolk Southern, welcomed the cooperatives’ assistance in promoting the site to businesses.

“This project has been a great collaborative effort between all of our organizations,” he said. “This shows there is a high level of cooperation, we’re all pulling in the same direction to bring jobs and investment to Shelby County.”

Rodney Hitch, Economic Development Manager for Kentucky’s Touchstone Energy Cooperatives agreed.

“Thanks to the assistance of all our partners, our cooperatives are putting PowerVision to work marketing this prime property to companies around the globe,” Hitch said. “The DataIsPower.org web site puts extremely detailed information about the tract at the fingertips of site scouts everywhere.”

Data about the property can be downloaded from the web site and plugged into computer-aided design programs. The videos even feature a computer-generated view of how the property could be developed with five commercial/industrial buildings.

“The accessibility of the data is extremely valuable to prospective buyers,” Weir said. “You can download the files from the public web site in a matter of minutes and quickly see the benefits that our property has to offer.”

“It is very exciting to bring technology into marketing these types of properties,” said Libby Adams, Executive Director, Shelby County Industrial & Development Foundation Inc. “Prospects can see the property from anywhere. They can be on the other side of the world and take a look at detailed information.”

To view the online information about the Norfolk Southern property, visit:https://dataispower.org/project/norfolk-southern-site/

About Kentucky’s Touchstone Energy Cooperatives

Kentucky’s Touchstone Energy Cooperatives comprise 16 not-for-profit, member-owned electric cooperatives that serve more than 1 million Kentucky residents across 87 Kentucky counties.

They include:

• Big Sandy RECC, Paintsville, Ky.

• Blue Grass Energy, Nicholasville, Ky.

• Clark Energy Cooperative, Winchester, Ky.

• Cumberland Valley Electric, Gray, Ky.

• Farmers RECC, Glasgow, Ky.

• Fleming-Mason Energy, Flemingsburg, Ky.

• Grayson RECC, Grayson, Ky.

• Inter-County Energy Cooperative, Danville, Ky.

• Jackson Energy Cooperative, McKee, Ky.

• Licking Valley RECC, West Liberty, Ky.

• Nolin RECC, Elizabethtown, Ky.

• Owen Electric Cooperative, Owenton, Ky.

• Salt River Electric, Bardstown, Ky.

• Shelby Energy Cooperative, Shelbyville, Ky.

• South Kentucky RECC, Somerset Ky.

• Taylor County RECC, Campbellsville, Ky.

Kentucky Strong | 71st Annual Meeting Lives Up To Theme

A high-caliber line-up of the 71st Annual Meeting of the Kentucky Association of Electric Cooperatives lived up to the meeting’s “Kentucky Strong” theme, as top industry leaders joined Kentucky Governor Matt Bevin and Kentucky Hall of Fame journalist Byron Crawford addressing co-op leaders from across Kentucky.

More than 250 co-op leaders attended the meeting, Saturday, November 18 – Tuesday, November 21 at the Marriott Louisville Downtown. The meeting included director training and meetings for cooperative attorneys.

The speakers also included:

  • Jim Matheson – CEO of the National Rural Electric Cooperative Association (NRECA).
  • Sheldon Petersen – CEO of the National Rural Utilities Cooperative Finance Corporation (CFC).
  • Dave Adkisson – CEO of the Kentucky Chamber of Commerce.
  • Oscar “Oz” Sanchez – Champion Paralympian and founder of “Know No Limits”
  • RunSwitch Public Relations – Communications Awareness presentation.
  • Economic Development professionals from across the state.

In his remarks at the closing breakfast, Governor Bevin likened his rural roots to those of co-op members, encouraging Kentucky’s electric cooperatives to be part of an economic transformation of Kentucky.

“Even as a kid I saw that opportunity came when people were incentivized to invest. So, what can we do as a state, what can I do now as a governor to help create an environment in which people will come here and invest? That’s essentially what I’m challenged with doing every day.”

Photo by Tim Webb

KAEC President Chris Perry updated attendees on the association’s progress in 2017. Describing his strategy leading KAEC for the last three years, Perry suggested co-op leaders identify goals and raise their game to achieve them.

“Evaluate, elevate and execute,” Perry said, recalling his preparation and dedication to win a golf tournament in his home county.  Ball markers with the KAEC logo were distributed to attendees as a keepsake of the event.

Perry reflected on the priorities of KAEC’s Board of Directors:

  1. Legislative and Regulatory engagement
  2. Financial performance
  3. Board governance and relations
  4. Safety
  5. Member Communications and Relations

“Member engagement is critically important,” Perry said. “Whatever strategy you employ, please don’t stop communicating. Cooperative strength comes from the relationship with our members.”

“I must stress the importance of our coordinated engagement,” Perry said. “Our strength and success comes from the relationships you have and the consistent message that our team delivers to our congressional delegation.”

Saying that safety is a foundation for an electric utility, Perry complimented the performance of KAEC’s Safety and Loss Prevention team, stressing that all co-ops need to recommit themselves to a safety culture.

Perry highlighted the transformation of KAEC in every department, including the success of transitioning from a manufacturing model to a distribution model with KAEC’s United Utility Supply Cooperative reporting significant cost savings and business for its members and customers.

Finally, Perry updated co-op leaders on KAEC’s upcoming move to new headquarters.

“This new facility will improve our financial condition,” Perry said. “It will boost morale, improve our image and provide a location to train and educate board members and cooperative employees.”

Underscoring the importance of communications awareness, RunSwitch PR joined KAEC Vice President of Strategic Communications, Joe Arnold, to brief co-op leaders on communications challenges and KAEC’s ongoing crisis communications workshops across Kentucky.

A silent auction benefitted the Kentucky WIRE scholarship fund, and Kentucky Living offered sample magazines and promoted KentuckyLiving.com.

The meeting welcomed new co-op managers, directors and attorneys: Earl Rogers, Attorney, Fleming Mason Energy; Dennis Holt, Manager, South Kentucky RECC; Jeffrey Joyce, Director, Shelby Energy; Robert Crawford, Director, Warren RECC; Richard Basham, Director, Kenergy; Mark Linkous, Director, Tri- County Electric; Jonathan Travis Stacy, Director, Licking Valley RECC;        Craig Roberts, Director, Kenergy; Kevin Howard, Director, Licking Valley RECC.

Also recognized were co-op leaders marking milestones of service.

15-Years: Randy Sexton, Director Farmers RECC; Stephen Barr, Director Meade County RECC; Richard Skiles, Director Gibson EMC.

20-Years: Brad Marshall, Director, Blue Grass Energy; Neil Pendygraft, Director, Farmers RECC; Jerry Graham, Director Gibson EMC; Christopher Mitchell, Director Kenergy; Terry Garmon, Director Warren RECC.

25-Years: Michael Williams, Manager, Blue Grass Energy; O.H. Caudill, Director, Clark Energy; Freddie Button, Director, Farmers RECC; Paul Hawkins, Director, Farmers RECC; William Reid, Director, Kenergy; Robert True, Director, Owen Electric; David Smart Manager West Kentucky RECC.

30-Years: Gary Keller, Director, Blue Grass Energy; Lawrence Ireland, Director, Nolin RECC; George Brown, Director, Pennyrile Electric; Wayne Stratton, Director, Shelby Energy.

35-Years: Ralph Combs, Director, Blue Grass Energy; Ken Witcher, Director, Tri-County EMC.

40-Years: James Riley, Director, Pennyrile Electric.

The Annual Membership Meeting was conducted by the KAEC board of directors, Chairman, David Kimbell. Mark Stallons, Vice Chairman of the KAEC Board, conducted a roll call of the voting delegates, and the 2018 KAEC Board of Directors were instated. They are as follows:

COOPERATIVE

DIRECTORS

BIG RIVERS EC

WAYNE ELLIOTT

BOB BERRY

BIG SANDY RECC

BOBBY SEXTON

WILLIAM MAXEY

BLUE GRASS ENERGY

MICHAEL WILLIAMS

PAUL TUCKER

CLARK ENERGY

STEVEN HALE

CHRIS BREWER

CUMBERLAND VALLEY

TED HAMPTON

VERNON SHELLEY

EAST KY POWER

ALAN AHRMAN

TONY CAMPBELL

FARMERS RECC

FREDDIE BUTTON

BILL PRATHER

FLEMING-MASON ENERGY

JOHN ROE

JONI HAZELRIGG

GRAYSON RECC

CAROL HALL FRALEY

JIMMY WHITT

GIBSON EMC

DAVID KIMBELL

DAN RODAMAKER

INTER-COUNTY ENERGY

JASON TODD

JIM JACOBUS

JACKSON ENERGY

CAROL WRIGHT

PHIL THOMPSON

JACKSON PURCHASE ENERGY

ERICK HARRIS

DENNIS CANNON

KENERGY CORP

JEFF HOHN

CHRIS MITCHELL

LICKING VALLEY

KERRY HOWARD

TOMMY HILL

MEADE COUNTY

MARTY LITTREL

DARLA SIPES

NOLIN RECC

MICKEY MILLER

LINDA GRIMES

OWEN EC

MARK STALLONS

ROBERT TRUE

PENNYRILE RECC

GREG GRISSOM

JIMMY FUTRELL

SALT RIVER ELECTRIC

TIM SHARP

LINDA WEST

SHELBY ENERGY

PAT HARGADON

DEBBIE MARTIN

SOUTH KENTUCKY

RICK HALLORAN

DENNIS HOLT

TAYLOR COUNTY

CHRISTOPHER TUCKER

BARRY MYERS

TRI-COUNTY EMC

PAUL THOMPSON

VEACHEL HARLAN

WARREN RECC

MIKE MCGUIRK

SCOTT RAMSEY

WEST KENTUCKY RECC

EDDY WRIGHT

DAVID E. SMART

 

Inter-County President Jim Jacobus remains a KAEC Board member until his retirement. The KAEC Board anticipates instating incoming Inter-County President Jerry Carter on the KAEC Board in January, 2018.

The official KAEC board meeting was also conducted by the KAEC Board of Directors, led by Chairman David Kimbell. Regional Power Supply reports were given by Lindsay Durbin, Big Rivers Electric, Mike McNalley, East Kentucky Power and Ernie Peterson, TVA.

Among dinner guests at the annual meeting banquet on Monday night were Kentucky’s Agriculture Commissioner, Ryan Quarles, and  the Secretary of the Kentucky Energy and Environment Cabinet, Charles Snavely.

Photo by Tim Webb

In his remarks following a tribute video recognizing him as the 2017 Distinguished Rural Kentuckian, legendary writer and broadcaster Byron Crawford expressed gratitude.

“What an honor it is for you to have presented me with this award, and to know some of the people whom you have selected for that award since giving it to Jesse Stuart (in its first year of existence),” Crawford said. “I’m reminded of something Jesse Stuart said that I’ve always loved. He said, ‘If the United States is a body, surely Kentucky is its heart.’ What a pleasure, we’re so fortunate to live in the heart of the U.S.”

Kentucky’s Touchstone Energy Co-Ops Dedicate 60-Acre Solar Farm

On Wedneday, Nov. 1, Kentucky’s Touchstone Energy Cooperatives dedicated its Cooperative Solar Farm One, a 60-acre solar energy facility located in Clark County, Ky.

“Co-op members have asked our electric cooperatives to provide options for clean, renewable energy. Today, this solar farm officially begins producing energy fueled by the sun,” said Joe Spalding, board chairman of East Kentucky Power Cooperative (EKPC), which will operate the solar farm. He is a member of Inter-County Energy Cooperative.

Members of the 16 electric cooperatives that make up Kentucky’s Touchstone Energy Cooperatives can participate by licensing solar panels. For a one-time payment of $460 per panel, participating members will receive a 25-year license and they will get credit on their monthly power bills for the value of the energy generated by their share of the solar farm.

Cooperative Solar Farm One features 32,300 solar panels capable of producing up to 8.5 megawatts of electricity, enough to provide all the power needs for approximately 1,000 typical homes.

“This is truly a milestone for our electric cooperatives,” said Anthony “Tony” Campbell, President & CEO of EKPC. “This is the beginning of a new era. We are making and delivering energy from the sun. “

To learn more, and to sign up to participate, visit www.CooperativeSolar.com.

Gov. Matt Bevin Explains Pension Plan, Special Session ‘Soon’

FRANKFORT, Ky – Governor Matt Bevin tells Kentucky Living he will call a special session of the Kentucky General Assembly “soon” to vote on his plan to save and overhaul the commonwealth’s beleaguered public pension systems.

“I really want to make sure people have in their hands the actual details they need, the legislators in particular, the people who are voting on it,” Bevin said in an interview at the Governor’s Mansion.

One week ago, Bevin, Senate President Robert Stivers and House Speaker Jeff Hoover unveiled the “Keeping the Promise” plan, which pledges to meet the traditional “defined benefit” obligations owed to current and retired teachers and public servants while creating a “defined contribution” retirement system for future workers.

“We are at the front edge of trying to come up with a solution,” Bevin told Kentucky Living. “And I believe that what we’ve put forward, while it will take 30 years, it will get us out of the other end of the tunnel and it will become a model for other states to follow because they really don’t have an alternative.”

Kentucky’s three major public pension systems — Kentucky Retirement Systems (KRS), Teachers’ Retirement System of Kentucky (TRS), and the Kentucky Judicial Form Retirement System (KJFRS) — collectively administer eight distinct retirement plans.

Kentucky’s $64 billion unfunded pension liability ranks as the worst funded system in the nation. Experts cited by the Bevin administration conclude that the Kentucky Employee Retirement System, Non-Hazardous, will run completely out of money by the year 2022 if meaningful pension reform does not occur.

“If we allow that hole to become so deep that we are ultimately forced by some lawsuit to fill it, it will come at the expense of everything else that people want,” Bevin explained, “which is why it has to be addressed before we become in a crisis mode.”

Kentucky’s credit rating is continuously downgraded because of the shortfall, Bevin added, making it more difficult to borrow money and undermining efforts to recruit businesses to Kentucky.

“If this was a private pension plan, the federal government, by IRS statute, by law, would have shut them down years ago,” the governor said. “We are in horrific shape.”

Asked about concerns of teachers and school superintendents about how the pension changes would affect educators and the education system, Bevin insisted there is “very little sacrifice for those in the system.”

“And for those not yet in the system,” Bevin continued, “they shouldn’t have an assumption of what’s going to be available for them.”

“This is a big problem for the entire state,” Bevin said, “and for any one group, any one interest or organization to think that they should be untouched and everyone else should pay the sacrifice, I think is inappropriate.”

The pending pension changes could be a prelude to yet another special session of the legislature to address another pressing issue for Kentucky, tax reform.

“Possibly. We’ll see,” Bevin replied. “If we can’t get tax reform done as part of this budget session, and we may or not be able to, it may or may not make sense, then, yes, I would do another special session to address that because we’ve got to update and modernize our tax code. It’s very antiquated. It’s counter-productive, we exempt more monies than we take in, everybody knows that, as well.”

The governor said he is up for the challenge, and that anyone else in elected office should be, as well.

“I’m at the parade too, but I’m the guy with the shovel behind the elephant,” Bevin said. “While everyone’s enjoying the show, my job and that of our current legislature is to clean up the mess for those that have preceded us. We’re going to clean it up and we’re going to make Kentucky shine.”

EPA Plan Threatens Affordability And Reliability Of Kentucky’s Electricity

“Clean Power Plan” published in Federal Register on Friday

The member-owners of Kentucky’s electric cooperatives stand to pay a disproportionate price for the changes required in the Environmental Protection Agency’s “Clean Power Plan” (CPP), published in the Federal Register on Friday.

Kentucky’s electric cooperatives are not-for-profit, member-owned entities which serve more than 1.5 million people (about 35% of the state’s population) in 117 of Kentucky’s 120 counties.  All costs are paid by members.  Cooperatives serve some of the most remote areas of the commonwealth, where members are often the least able to afford rate increases.

The EPA plan targets coal, the main source of Kentucky’s electricity, in new and aggressive limits on carbon emissions.  About 90 percent of electricity generated in Kentucky is by coal fired power plants.  The CPP fundamentally changes how electricity is generated, distributed and consumed in the United States.

“The new limits in the plan are impossible to achieve with our current fleet of generators,” said Chris Perry, President and CEO of Kentucky Association of Electric Cooperatives (KAEC).  “The time frame is inconsistent with time needed to build alternative sources. This makes the potential great for increased costs and potential reliability problems.”

In the last decade, the two main suppliers of electricity to cooperative customers, East Kentucky Power Cooperative and Big Rivers Electric Corporation, have invested more than $2 billion in coal assets.  These are 20- to 30-year investments.

Cooperative member-owners face compounded costs under the Clean Power Plan:

  • cost of the electricity as generated, including construction of new plants
  • cost to pay for debt of prematurely retired coal-fired plants as non-producing stranded assets
  • cost to pay carbon credits to other states which have an easier burden under the CPP

In 2013, Kentucky had the 3rd most electricity-intensive economy in the U.S., based on electricity consumption per state GDP dollar.

Kentucky has lost one-quarter of its manufacturing jobs since 2000.  The Kentucky Energy & Environment Cabinet estimates a ten percent increase in the cost of electricity would trigger a loss in Kentucky of almost $2 billion GDP.

The CPP assumes an increased dependence on natural gas, a commodity which is also used in residential heating, making it prone to price volatility and supply concerns.  The North American Electric Reliability Corporation (NERC) projects a 30 percent increase in demand for natural gas, straining availability during periods of heavy demand, such as in extreme heat or cold.

While coal-fired power plants generally keep 30- to 45-day coal stockpiles, natural gas – by its nature – is not stored, but conveyed by pipelines in a “just-in-time” delivery model.  While the coal supply has redundant delivery channels, the natural gas supply is limited to one or two pipelines.

In addition, the NERC report on potential reliability impacts of the Clean Power Plan questions whether adequate equipment (e.g., generators, solar panels, wind facilities, transformers, and conductors) and resources (e.g., engineering, procurement, and construction) will be available to support the plan’s requirements.

Though Kentucky’s electric cooperatives support the coalition of 24 states and energy companies who filed suit today to challenge the regulatory package, cooperatives will comply with federal mandates and have a fiduciary responsibility to plan accordingly, even while courts contemplate whether to vacate the regulations.