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APSC Dismisses Class Action Complaint against Carroll Electric

The Arkansas Public Service Commission (APSC) has dismissed a class action complaint against Carroll Electric Cooperative Corporation (Carroll Electric) filed on behalf of all Carroll Electric's members.  The complaint sought declaratory and injunctive r
September 25, 2012

The Arkansas Public Service Commission (APSC) has dismissed a class action complaint against Carroll Electric Cooperative Corporation (Carroll Electric) filed on behalf of all Carroll Electric's members.  The complaint sought declaratory and injunctive relief for a number of what plaintiffs say are violations of Carroll Electric against its own bylaws and against contract law.  These alleged violations included concealment and withholding of patronage capital, unjust enrichment of board members, “incompatible” accounting practices, withholding of access to books, records, meeting minutes and mailing lists, and use of herbicides without member input and in violation of rights-of-way.  Carroll Electric asserted, and the ASPC agreed, that, under state law, the ASPC has no jurisdiction over any of the complaints against Carroll Electric except in the matter of patronage capital.  However, the ASPC also declined to treat the matter of patronage capital as a class action because any relief awarded regarding the retirement of patronage capital would extend to all members.  Read the full story here.

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