reglab/housing_qa huggingface dataset:
NE Code § 70-1001.01 (2021)
2021 Nebraska Revised Statutes|Chapter 70 - Power Districts and Corporations|70-1001.01 - Terms, defined.

70-1001.01.  Terms, defined.For purposes of sections 70-1001 to 70-1028, unless the context otherwise requires:(1) Board means the Nebraska Power Review Board;(2) Electric suppliers or suppliers of electricity means any legal entity supplying, producing, or distributing electricity within the state for sale at wholesale or retail;(3) Private electric supplier means an electric supplier producing electricity from a privately developed renewable energy generation facility that is not a public power district, a public power and irrigation district, a municipality, a registered group of municipalities, an electric cooperative, an electric membership association, any other governmental entity, or any combination thereof;(4) Privately developed renewable energy generation facility means a facility that (a) generates electricity using solar, wind, geothermal, biomass, landfill gas, or biogas, including all electrically connected equipment used to produce, collect, and store the facility output up to and including the transformer that steps up the voltage to sixty thousand volts or greater, and including supporting structures, buildings, and roads, unless otherwise agreed to in a joint transmission development agreement, (b) is developed, constructed, and owned, in whole or in part, by one or more private electric suppliers, and (c) is not wholly owned by a public power district, a public power and irrigation district, a municipality, a registered group of municipalities, an electric cooperative, an electric membership association, any other governmental entity, or any combination thereof;(5) Regional transmission organization means an entity independent from those entities generating or marketing electricity at wholesale or retail, which has operational control over the electric transmission lines in a designated geographic area in order to reduce constraints in the flow of electricity and ensure that all power suppliers have open access to transmission lines for the transmission of electricity;(6) Representative organization means an organization designated by the board and organized for the purpose of providing joint planning and encouraging maximum cooperation and coordination among electric suppliers. Such organization shall represent electric suppliers owning a combined electric generation plant capacity of at least ninety percent of the total electric generation plant capacity constructed and in operation within the state;(7) State means the State of Nebraska; and(8) Unbundled retail rates means the separation of utility bills into the individual price components for which an electric supplier charges its retail customers, including, but not limited to, the separate charges for the generation, transmission, and distribution of electricity.Source   Laws 1981, LB 302, § 1;   R.S.1943, (1996), § 70-1023;  Laws 2000, LB 901, § 7;  Laws 2003, LB 65, § 1;  Laws 2010, LB1048, § 3;  Laws 2011, LB208, § 1;  Laws 2016, LB824, § 3.
NE Code § 70-1002 (2021)
2021 Nebraska Revised Statutes|Chapter 70 - Power Districts and Corporations|70-1002 - Suppliers of electricity; agreements; specify service areas; submission to board; purpose of section.

70-1002.  Suppliers of electricity; agreements; specify service areas; submission to board; purpose of section.(1) All suppliers of electricity, including public power districts, public power and irrigation districts, individual municipalities, registered groups of municipalities, electric membership associations, and cooperatives, serving customers at retail in adjoining service areas shall have the authority to enter into written agreements with each other specifying either the service area or customers each shall serve with electric energy. Before such agreements shall be effective, except agreements referred to in subsection (2) of this section, they shall be submitted to and approved by the Nebraska Power Review Board created by section 70-1003. In the event that such suppliers fail to consummate such agreements, except agreements referred to in subsection (2) of this section, the matter shall be referred to the Nebraska Power Review Board created by section 70-1003.(2) When two or more suppliers serve the same municipality at retail, such agreements shall specify the service areas within such municipality which each supplier is to serve.(3) It is declared to be the purpose of this section to promote and encourage the making of such agreements. Such agreements may be amended by the parties thereto at any time, and, except agreements referred to in subsection (2) of this section, shall require the approval of the Nebraska Power Review Board, and they shall be submitted to the board for amendment before the transfer of ownership or control of the facilities serving a service area.Source   Laws 1963, c. 397, § 2, p. 1259;   Laws 1981, LB 181, § 43.  Annotations  Realignment agreement cannot confer greater rights on one than was possessed by other. Cornhusker P. P. Dist. v. Loup River P. P. Dist., 184 Neb. 789, 172 N.W.2d 235 (1969). Suppliers of electricity were required to enter into agreement specifying their service areas. City of Schuyler v. Cornhusker P. P. Dist., 181 Neb. 704, 150 N.W.2d 588 (1967).
NE Code § 70-1002.01 (2021)
2021 Nebraska Revised Statutes|Chapter 70 - Power Districts and Corporations|70-1002.01 - Suppliers of electricity; agreements; wholesale electric energy; submission to board; considerations; investigation; approval; effect.

70-1002.01.  Suppliers of electricity; agreements; wholesale electric energy; submission to board; considerations; investigation; approval; effect.All suppliers of electricity, including public power districts, public power and irrigation districts, individual municipalities, registered groups of municipalities, electric membership associations, and cooperatives, shall have authority to enter into written agreements with each other limiting the areas in which or the customers to which a party to the agreement shall provide or sell electric energy at wholesale. Wholesale electric energy is hereby defined as electric energy which is sold to another agency for resale to the ultimate user, hereafter referred to as the retail customer. Before such agreements shall become effective, they shall be submitted to and approved by the Nebraska Power Review Board created by section 70-1003. It is declared to be the purpose of this section to promote and encourage the making of such agreements. Such agreements may be amended by the parties thereto at any time, and such amendments shall require the prior approval of the Nebraska Power Review Board. When requested to approve such an agreement or amendment thereto, the Nebraska Power Review Board shall consider whether or not the proposed agreement or amendment can be reasonably expected to provide a reliable wholesale power supply at a reasonable cost for the area covered by the agreement. It may make such investigation as it determines is necessary and hold a hearing if it determines one to be desirable. At the conclusion of its investigation, the Nebraska Power Review Board shall approve the agreement or amendment unless it determines that it cannot be reasonably expected to provide a reliable wholesale power supply at a reasonable cost for the area covered. Such agreements when approved by the Nebraska Power Review Board shall not be binding upon other suppliers that are not parties to the agreement and the Nebraska Power Review Board shall have no authority to impose conditions that will be binding or applicable to other suppliers that are not parties to such agreements. Such agreements shall not be considered as establishing service areas within the meaning of Chapter 70, article 10.Source   Laws 1971, LB 349, § 1;   Laws 1981, LB 181, § 44.  Annotations The provision requiring determination of whether the proposed agreement or amendment can reasonably be expected to provide a reliable wholesale power supply at a reasonable cost for the area is a sufficient standard to guide the Nebraska Power Review Board in the exercise of its delegated legislative power hereunder. City of Lincoln v. Nebraska P. P. Dist., 191 Neb. 556, 216 N.W.2d 722 (1974).
NE Code § 70-1002.02 (2021)
2021 Nebraska Revised Statutes|Chapter 70 - Power Districts and Corporations|70-1002.02 - Suppliers of electricity; sale in violation of approved agreement; prohibited.

70-1002.02.  Suppliers of electricity; sale in violation of approved agreement; prohibited.No supplier shall offer, provide or sell electric energy at wholesale in areas or to customers in violation of any agreement entered into and approved by the Nebraska Power Review Board pursuant to section 70-1002.01.Source  Laws 1971, LB 349, § 2.
NE Code § 70-1002.04 (2021)
2021 Nebraska Revised Statutes|Chapter 70 - Power Districts and Corporations|70-1002.04 - Municipalities; joint operation of electric systems; register with board; reports; action subject to review or approval.

70-1002.04.  Municipalities; joint operation of electric systems; register with board; reports; action subject to review or approval.Two or more municipalities owning or operating separate electric systems that join together for the purpose of facilitating the performance of any of their respective powers or duties shall, before such a group of municipalities commences operations, register with the Nebraska Power Review Board on such forms as the board may prescribe and containing such information as the board may request. Such a group shall comply with any additional reporting requirements the board imposes that are applied to individual municipalities. Any action taken by an individual municipality that is subjected to the Nebraska Power Review Board review or approval, shall, if taken by a group of municipalities, be subject to similar review or approval.Source  Laws 1981, LB 181, § 56.
NE Code § 70-1004 (2021)
2021 Nebraska Revised Statutes|Chapter 70 - Power Districts and Corporations|70-1004 - Suppliers of electricity; filing of maps and service area statements; exception.

70-1004.  Suppliers of electricity; filing of maps and service area statements; exception.Each supplier which becomes a party to an agreement under the provisions of section 70-1002 shall file with the secretary of the board a suitable map or maps, in such form as the board shall prescribe, showing either the service area or customers to be served. Whenever any changes occur in the service area, new maps shall be filed. Each supplier in the state which fails to file a map or maps showing its service area or customers to be served as established by agreement shall file a statement with the secretary showing the service area and customers actually served by it, what it claims to be its service area, stating the reason it has not entered into agreements with suppliers in adjoining service areas, and if a dispute exists as to furnishing service to any service area, the nature and extent thereof. This section shall not apply to agreements referred to in subsection (2) of section 70-1002.Source   Laws 1963, c. 397, § 4, p. 1261;   Laws 1981, LB 181, § 47.  Annotations Suppliers of electricity were required to file a statement showing what it claims as its service area. City of Schuyler v. Cornhusker P. P. Dist., 181 Neb. 704, 150 N.W.2d 588 (1967).
NE Code § 70-1005 (2021)
2021 Nebraska Revised Statutes|Chapter 70 - Power Districts and Corporations|70-1005 - Suppliers of electricity; service area; application to establish; notice of hearing; exception.

70-1005.  Suppliers of electricity; service area; application to establish; notice of hearing; exception.Any supplier may at any time on or after July 1, 1964, apply to the board to establish its service area. In such case and in all cases where agreements have not been entered into, including cases arising under section 70-1008, the secretary shall give written notice to the parties involved citing them to appear at a time, not less than thirty days thereafter, and at a place specified in the notice for a hearing upon the matter of establishing the service areas concerned in the notice. The provisions of this section shall not apply to service within the corporate limits of any municipality.Source  Laws 1963, c. 397, § 5, p. 1262.
NE Code § 70-1006 (2021)
2021 Nebraska Revised Statutes|Chapter 70 - Power Districts and Corporations|70-1006 - Hearings; continuance; rules of procedure.

70-1006.  Hearings; continuance; rules of procedure.At the hearing the board shall hear testimony and receive other evidence relating to the matter and may continue the hearing from time to time. The board shall adopt such rules of procedure as are advisable and in conformity with law.Source  Laws 1963, c. 397, § 6, p. 1262.
NE Code § 70-1007 (2021)
2021 Nebraska Revised Statutes|Chapter 70 - Power Districts and Corporations|70-1007 - Establishment of service areas; board; orders; policy considerations.

70-1007.  Establishment of service areas; board; orders; policy considerations.After the hearing, the board shall make an order establishing the service areas in the matter covered by the notice. In determining any such matter, the board shall seek to carry out the policy stated in section 70-1001. It shall give such consideration as is appropriate in each case to the following:(1) The supplier best able to supply the load required;(2) The most logical future supplier of the area;(3) The desires of the supplier with respect to loads and service areas it wishes to serve;(4) The ability to provide service at costs comparable to other suppliers in the service area and the immediate costs to the ultimate consumers involved in the transfer; and(5) The ability of the supplier to cope with the problems of expanding loads and increased costs.Source   Laws 1963, c. 397, § 7, p. 1262;   Laws 1979, LB 223, § 1.  Annotations  Absent annexation or concurrence of the adjoining supplier, the only present means for a municipal power supplier to obtain a modification of its service area is by establishing that the present supplier cannot or will not furnish adequate electrical service or that its doing so involves a wasteful and unwarranted duplication of facilities. In re Application of City of Lincoln, 243 Neb. 458, 500 N.W.2d 183 (1993). Elements to be considered by Power Review Board in approving service area agreement stated; area service contracts must be respected until supplier is unable to provide service in accordance with guidelines set out in this section. Cornhusker P. P. Dist. v. Loup River P. P. Dist., 184 Neb. 789, 172 N.W.2d 235 (1969).
NE Code § 70-1009 (2021)
2021 Nebraska Revised Statutes|Chapter 70 - Power Districts and Corporations|70-1009 - Certified service areas; modification; application; transfer of facilities and customers; considerations; impairment of rights prohibited.

70-1009.  Certified service areas; modification; application; transfer of facilities and customers; considerations; impairment of rights prohibited.(1) When one supplier at the date of enactment has customers or distribution facilities extending into the certified service area of another supplier, the customers and distribution facilities of the former supplier may be acquired by negotiation or by application of either party to the board for modification of certified service area as to ownership of facilities and customers to be served.(2) Such amendment may be made by mutual agreement, or upon application of either party to and determination by the board, upon consideration of the factors set forth in section 70-1007, except that no transfer of facilities and customers shall be made which would impair the rights of bondholders or mortgage holders.Source   Laws 1963, c. 397, § 9, p. 1263;   Laws 1979, LB 223, § 3.
NE Code § 70-1011 (2021)
2021 Nebraska Revised Statutes|Chapter 70 - Power Districts and Corporations|70-1011 - Suppliers; service outside area; application for approval; when granted; applicability of section.

70-1011.  Suppliers; service outside area; application for approval; when granted; applicability of section.Except by agreement of the suppliers involved, no supplier shall offer electric service to additional ultimate users outside its service area or construct or acquire a new electric line or extend an existing line into the service area of another supplier for the purpose of furnishing service to ultimate users therein without first applying to the board and receiving approval thereof, after due notice and hearing under rules and regulations of the board. Such approval shall be granted only if the board finds that the customer or customers proposed to be served cannot or will not be furnished adequate electric service by the supplier in whose service area the customer is located, or that the provision thereof by such supplier would involve wasteful and unwarranted duplication of facilities. This section shall not apply to agreements referred to in subsection (2) of section 70-1002.Source   Laws 1963, c. 397, § 11, p. 1264;   Laws 1981, LB 181, § 48.  Annotations  Absent annexation or concurrence of the adjoining supplier, the only present means for a municipal power supplier to obtain a modification of its service area is by establishing that the present supplier cannot or will not furnish adequate electrical service or that its doing so involves a wasteful and unwarranted duplication of facilities. In re Application of City of Lincoln, 243 Neb. 458, 500 N.W.2d 183 (1993). Where there is no competent evidence to sustain elements necessary to warrant invasion of area service rights of supplier, order of board permitting it is arbitrary and in conflict with public policy. Cornhusker P. P. Dist. v. Loup River P. P. Dist., 184 Neb. 789, 172 N.W.2d 235 (1969).
NE Code § 70-1012 (2021)
2021 Nebraska Revised Statutes|Chapter 70 - Power Districts and Corporations|70-1012 - Electric generation facilities and transmission lines; construction or acquisition; application; approval; when not required.

70-1012.  Electric generation facilities and transmission lines; construction or acquisition; application; approval; when not required.(1) Before any electric generation facilities or any transmission lines or related facilities carrying more than seven hundred volts are constructed or acquired by any supplier, an application, filed with the board and containing such information as the board shall prescribe, shall be approved by the board, except that such approval shall not be required (a) for the construction or acquisition of a transmission line extension or related facilities within a supplier's own service area or for the construction or acquisition of a line not exceeding one-half mile outside its own service area when all owners of electric lines located within one-half mile of the extension consent thereto in writing and such consents are filed with the board, (b) for any generation facility when the board finds that (i) such facility is being constructed or acquired to replace a generating plant owned by an individual municipality or registered group of municipalities with a capacity not greater than that of the plant being replaced, (ii) such facility will generate less than twenty-five thousand kilowatts of electric energy at rated capacity, and (iii) the applicant will not use the plant or transmission capacity to supply wholesale power to customers outside the applicant's existing retail service area or chartered territory, (c) for acquisition of transmission lines or related facilities, within the state, carrying one hundred fifteen thousand volts or less, if the current owner of the transmission lines or related facilities notifies the board of the lines or facilities involved in the transaction and the parties to the transaction, or (d) for the construction of a qualified facility as defined in section 70-2002.(2) A privately developed renewable energy generation facility is exempt from this section if it complies with section 70-1014.02.Source   Laws 1963, c. 397, § 12, p. 1264;   Laws 1979, LB 119, § 1;   Laws 1981, LB 181, § 49;   Laws 1984, LB 729, § 1;  Laws 2009, LB436, § 6;  Laws 2016, LB824, § 5.  Annotations  The requirement that the hearing be held within thirty days unless a continuance has been requested by the applicant is directory, not mandatory. Omaha P. P. Dist. v. Nebraska P. P. Project, 196 Neb. 477, 243 N.W.2d 770 (1976). This section is not limited to retail suppliers of electricity. City of Auburn v. Eastern Nebraska Public Power Dist., 179 Neb. 439, 138 N.W.2d 629 (1965).
NE Code § 70-1012.01 (2021)
2021 Nebraska Revised Statutes|Chapter 70 - Power Districts and Corporations|70-1012.01 - Suppliers; electric generation and transmission facilities; terminate construction or acquisition; filing; reasons; hearing; effect; section, how construed.

70-1012.01.  Suppliers; electric generation and transmission facilities; terminate construction or acquisition; filing; reasons; hearing; effect; section, how construed.(1) If a supplier terminates construction or acquisition of electric generation or transmission facilities after receiving approval for the facilities from the board, the supplier shall file with the board, within thirty days after the action taken to terminate construction or acquisition, a statement of the factors or reasons relied upon by the supplier in taking such action. Within ten days after receipt of such a filing, the board shall give notice of the filing to such other suppliers as it deems interested or affected by such action and it shall hold a hearing for the purpose of obtaining such additional information as the board deems advisable or necessary to inform other suppliers and the public of the reasons for such termination. Notice of any such hearing shall be given to those suppliers previously given notice of the filing and to any other parties expressing interest in the approved application.(2) The board shall not have authority to approve or deny the action of a supplier terminating construction or acquisition, and any such filing or hearing shall be advisory and solely for the purpose of informing the board, other suppliers, interested parties, and the ratepayers of this state of the factors or reasons relied upon in taking action to terminate construction or acquisition.(3) Nothing in this section shall constitute or be construed as a defense to any cause of action, including a claim for breach of contract, resulting from such termination.(4) A privately developed renewable energy generation facility is exempt from this section if it complies with section 70-1014.02.Source   Laws 1979, LB 119, § 2;   Laws 1981, LB 181, § 50;  Laws 2016, LB824, § 6.