Cooperatives of MLPs

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David Isenberg

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Dec 14, 2023, 5:44:26 PM12/14/23
to mem...@ma-bc.org, Robert Espindola
All,

David Cole was correct in today's meeting in specifying
that Chapter 164, Section 47C is the key body of law
governing the formation of cooperatives of MLPs with
emergent powers.

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXII/Chapter164/Section47C

It begins:
> Section 47C: Municipal lighting plant cooperativesSection 47C. (a) Any municipal lighting plant created in a manner provided for in this chapter shall be allowed to form cooperative public corporations for the purpose of furnishing efficient, low cost, and reliable electric power and energy-related services and cable television services as provided in this section. (b) A municipal lighting plant cooperative established pursuant to the provisions of this section shall constitute a body politic and corporate and is constituted a public instrumentality, and the exercise of the powers conferred by this section shall be deemed and held to be the performance of an essential public function. (c) Any number of municipal lighting plants may associate themselves together and with other public corporations, established under the laws of the commonwealth or any other state or the federal government, as a municipal lighting plant cooperative, with or without capital stock, for the transaction of any lawful business associated with the purchase, acquisition, distribution, sale, resale, supply, and disposition of energy or energy-related services to wholesale or retail customers, subject to federal and state laws and regulations or the provision of cable television services subject to the same federal and state laws and regulations applicable to municipal lighting plants or other public entities that provide those services. (d) A municipal lighting plant cooperative may be formed for any purpose stated in subsection (c) which may lawfully be carried out by any other corporation; provided, that a municipal lighting plant cooperative shall be organized and shall conduct its business primarily for the mutual benefit of its members as patrons of the cooperative. A municipal lighting plant cooperative shall have all of the powers of a natural person, including the power to participate with others in any partnership, joint venture or other association, transaction, or arrangement of any kind. In addition, each municipal lighting plant cooperative shall have the following powers: (i) To have perpetual succession by its corporate name unless a limited period of duration is stated in the articles of incorporation; (ii) To sue and be sued, complain, and defend its corporate name; (iii) To have and use a corporate seal; (iv) To purchase, take, receive, lease, or otherwise acquire, own, hold, improve, use, and deal in and with real or personal property or any interest therein, wherever situated;


The formatting is better on line! The powers of this coop are enumerated
in this section - and enumerated, and enumerated - well beyond (iv) . . .

ALSO, Sections 134-137 deal with cooperatives for the purpose of load aggregation.
It's largely about electricity, but may also be extensible to broadband traffic.
(I am NOT a lawyer, so view the above accordingly.)

ALSO, there are other sections of 164 that deal with inter-MLP agreements.

My next email will be my story on the formation and near-demise of
Wired West . . . if I can find it.

David I
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