7 C.F.R. § 1710.100

General

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(a) RUS makes loans and loan guarantees to finance the construction of electric distribution, transmission, and generation facilities, including system improvements and replacements, and cybersecurity and grid security improvements, required to furnish and improve electric service in rural areas, and for demand side management, efficiency, and energy conservation programs, and on-grid and off-grid renewable energy systems. In certain limited circumstances, and at the discretion of the Administrator, RUS may finance selected operating expenses of its borrowers. Loans made or guaranteed by the Administrator will be made in conformance with the RE Act, as amended (7 U.S.C. 901 et seq.), and this chapter. The Administrator's decision to provide financing for selecting operating expenses may include, but is not limited to the following factors:

(1) The overall availability of funding compared to anticipated loan demand;

(2) The best interests of rural consumers;

(3) The protection of the Government's financial interest in existing loans and collateral; and

(4) Broader policy objectives, including directing benefits to disadvantaged communities, reducing greenhouse gas emissions, and other priorities of the Secretary of Agriculture.

(b) RUS provides technical assistance to borrowers to aid the development or improvement of rural electric service and to protect RUS' loan security. Additional information is available at https://rd.usda.gov/programs-services/electric-programs.

(c) Provided funds are available for such purpose, RUS may refinance, as provided in § 1710.53, RUS Electric Program loans made or guaranteed for the purpose of furnishing and improving electric service in rural areas, and for the purpose of assisting electric borrowers to implement demand side management, energy efficiency and conservation programs, on-grid and off-grid renewable energy systems, and cybersecurity and grid security improvements.

[87 FR 74498, Dec. 6, 2022]

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2004–2021 · leading case: Pamela Caver v. Cent. Alabama Elec. Coop., 845 F.3d 1135 (11th Cir. 2017).

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Pamela Caver v. Cent. Alabama Elec. Coop., 845 F.3d 1135 (11th Cir. 2017). “In addition to their obligation to comply with extensive federal regulations, rural cooperatives such as CAEC must also assist RUS with accomplishing its duties or tasks in order to utilize the federal officer removal statute.”

Phelps Dodge Corp. v. Arizona Elec. Power Co-Op., Inc., 83 P.3d 573 (Ariz. Ct. App. 2004). “See 7 C.F.R. § 1710.100 (2003). RUS requires its borrowers to enter such contracts to ensure that the borrowers will earn sufficient revenue to meet their costs.”

Harper v. S. Pine Elec., 987 F.3d 417 (5th Cir. 2021). “” 7 C.F.R. § 1710.100 (2020). Rural Utilities Service requires some of its borrowers to seek its approval before issuing any distributions to its members.”

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