reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1327 - Appellate court; trial; de novo on the record.

70-1327.
Appellate court; trial; de novo on the record.
Trial in the appellate court shall be de novo on the record. Such case shall be advanced in the same manner as other causes which involve the public welfare and convenience and shall be set for an early hearing.
Source
Laws 1979, LB 207, § 27;
Laws 1991, LB 732, § 126.
Annotations
Despite de novo review, when credible evidence is in conflict on material issues of fact, the appellate court will consider and may give weight to the fact that the arbitration board under section 70-1301 et seq. observed the witnesses and accepted one version of the facts over another. In re Application of Northeast Neb. Pub. Power Dist., 300 Neb. 237, 912 N.W.2d 884 (2018).
On an appeal from the decision of an arbitration board convened under section 70-1301 et seq., trial in the appellate court is de novo on the record. In re Application of Northeast Neb. Pub. Power Dist., 300 Neb. 237, 912 N.W.2d 884 (2018).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1328 - Record on appeal.

70-1328.
Record on appeal.
The verbatim testimony transcribed by the official stenographer, including all exhibits received, shall constitute the bill of exceptions. The decision appealed and the bill of exceptions duly certified by the members of the arbitration board shall constitute the complete record on appeal.
Source
Laws 1979, LB 207, § 28;
Laws 1991, LB 732, § 127.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1329 - Wholesale purchaser; failure or refusal to make payment; supplier; remedies.

70-1329.
Wholesale purchaser; failure or refusal to make payment; supplier; remedies.
If a purchaser fails or refuses to make payment to the supplier as required by sections 70-1301 to 70-1329, the supplier may, after a charge remains unpaid thirty days after the due date, file suit in the district court in which the supplier or purchaser resides for a writ of mandamus to compel payment of the disputed amount, plus interest, pursuant to sections 70-1301 to 70-1329. If the court issues a writ of mandamus and the purchaser gives the written notice of disputed issues as required by section 70-1304 the matter shall proceed to arbitration as provided by sections 70-1301 to 70-1329. If the court declines to issue a writ of mandamus, it shall nevertheless retain jurisdiction of the matter for the purpose of determining the amount due to the supplier.
Source
Laws 1979, LB 207, § 29.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1402 - Terms, defined.

70-1402.
Terms, defined.
As used in the Joint Public Power Authority Act, unless the context otherwise requires:
(1) Agency shall mean any public body, authority, or commission which is engaged in the generation, transmission, or distribution of electric power and energy and which issues indebtedness;
(2) Bonds shall mean electric revenue bonds, notes, warrants, certificates, or other obligations of indebtedness of a joint authority issued under the Joint Public Power Authority Act and shall include refunding bonds and notes issued pending permanent revenue bond financing;
(3) Cost or cost of a project shall mean, but shall not be limited to, the cost of acquisition, construction, reconstruction, improvement, enlargement, or extension of any project, including the cost of studies, plans, specifications, surveys, and estimates of related costs and revenue; the cost of land, land rights, rights-of-way, easements, water rights, fees, permits, approvals, licenses, certificates, franchises, and the preparation of applications for and securing the same; administrative, legal, engineering, and inspection expenses; financing fees, expenses, and costs; working capital; initial fuel costs; interest on the bonds during the period of construction and for such reasonable period thereafter as may be determined by the joint authority; establishment of reserves; and all other expenditures of the joint authority incidental, necessary, or convenient to the acquisition, construction, reconstruction, improvement, enlargement, or extension of any project and the placing of such project in operation;
(4) Governing body shall mean the board of directors of a public power district;
(5) Joint authority shall mean a public body and body corporate and politic organized in accordance with the Joint Public Power Authority Act;
(6) Public power district shall mean a public power district organized under or subject to Chapter 70, article 6; and
(7) Project shall mean any system or facilities for the generation, transmission, and transformation, or any combination thereof, of electric power and energy by any means whatsoever including, but not limited to, any one or more electric generating units situated at a particular site or any interest in any of the foregoing or any right to the output, capacity, use, or services of such units, any system or facilities for the production, storage, or distribution of hydrogen, or any system or facilities for the production or distribution of ethanol.
Source
Laws 1982, LB 852, § 2;
Laws 1986, LB 1230, § 51;
Laws 2005, LB 139, § 19.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1404 - Public power district; joint project authorized; limitation; study.

70-1404.
Public power district; joint project authorized; limitation; study.
(1) A public power district may plan, finance, develop, acquire, purchase, construct, reconstruct, improve, enlarge, own, operate, and maintain an undivided interest as a tenant in common in a project situated within or without the state jointly with one or more public power districts in this state owning electric distribution facilities, hydrogen production, storage, or distribution facilities, or ethanol production or distribution facilities or with any political subdivision or agency of this state or of any other state and may make such plans and enter into such contracts not inconsistent with the Joint Public Power Authority Act as are necessary or appropriate, except that membership of public power districts in a joint authority shall consist only of public power districts located within this state.
(2) Nothing in the Joint Public Power Authority Act shall prevent public power districts from undertaking studies to determine whether there is a need for a project or whether such project is feasible.
Source
Laws 1982, LB 852, § 4;
Laws 1986, LB 1230, § 53;
Laws 2005, LB 139, § 21.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1405 - Creation of joint authority; procedure; resolution; membership; considerations; notice; challenge.

70-1405.
Creation of joint authority; procedure; resolution; membership; considerations; notice; challenge.
(1) The governing body of two or more public power districts may by resolution determine that it is in the best interests of the respective public power districts and their electric customers to create a joint authority. Such resolution shall be approved by a majority of the members of the governing body of the public power district. Each public power district which will be a member of the joint authority must approve for membership every other district that will be a member of the joint authority.
(2) In determining whether or not the creation of a joint authority for such purpose is in the best interests of the public power districts and their electric customers, the governing body shall take into consideration, but shall not be limited to:
(a) Whether or not a separate entity may be able to finance the costs of a project or projects or provide financing for its members in a more efficient and economical manner;
(b) Whether or not a better financial market acceptance may result if one entity is responsible for issuing all of the bonds required for a project or projects or providing financing for its members in a timely and orderly manner; and
(c) Whether or not savings and other advantages may be obtained by providing a separate entity responsible for the acquisition, purchase, construction, ownership, and operation of a project or projects or for issuing bonds in order to make loans to its member districts.
(3) If the proposed creation of a joint authority is found to be in the best interests of two or more public power districts, the governing body of each public power district shall cause notice of its action to be published once a week for two consecutive weeks in a newspaper of general circulation within the operating area of each public power district. Any elector of the district affected by the action of the governing body of such public power district may, by action de novo, instituted in the district court for the county in which the principal office of such public power district is located, within twenty days following the last publication of the prescribed notice, challenge the action of the public power district on the grounds that creation of a joint authority is not in the best interest of that public power district.
Source
Laws 1982, LB 852, § 5.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1408 - Joint authority; executive committee; creation; exercise powers of board.

70-1408.
Joint authority; executive committee; creation; exercise powers of board.
The board of directors of a joint authority may create an executive committee the composition of which shall be set forth in the bylaws of the joint authority. The executive committee shall have and shall exercise the powers and authority of the board of directors during intervals between the board's meetings in accordance with the board's bylaws, rules, motions, or resolutions. The terms of office of the members of the executive committee and the method of filling vacancies shall be fixed by the bylaws of the joint authority.
Source
Laws 1982, LB 852, § 8.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1410 - Joint authority; statutory restrictions applicable; when.

70-1410.
Joint authority; statutory restrictions applicable; when.
Any joint authority created pursuant to sections 70-1401 to 70-1423 which is itself engaged in the generation, transmission, or sale of electrical energy, at wholesale or retail, or which is itself engaged in the construction, maintenance, expansion, improvement, or operation of a power generating plant or other facility for the production or transmission of electrical energy shall comply with the restrictions contained in Chapter 70, articles 10 and 13, and the provisions of sections 70-624 to 70-680.
Source
Laws 1982, LB 852, § 10.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1411 - Joint authority; annual audit.

70-1411.
Joint authority; annual audit.
Any joint financing authority created pursuant to sections 70-1401 to 70-1423 shall be required to submit to an annual audit in the same manner as a public power district pursuant to sections 70-623 to 70-623.03.
Source
Laws 1982, LB 852, § 11.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1413 - Joint authority project; sale of excess capacity; limitations; applicability.

70-1413.
Joint authority project; sale of excess capacity; limitations; applicability.
Excess capacity or output of a project not then required by any of the members of a joint authority shall be first offered for sale or exchange pursuant to section 70-626.01. Any sale of available capacity and energy from the joint authority's project shall only be for the period required for the joint authority to fully utilize the amount of capacity and energy originally purchased in the project. The limitations provided in this section shall not apply to the temporary sale of excess capacity and energy without the state in cases of emergency or when required to fulfill obligations under any pooling or reserve-sharing agreements, except that sales of excess capacity or output of a project to electric cooperatives, electric or public utilities, and other persons, the interest on whose securities and other obligations is not exempt from taxation by the federal government, shall not be made in such amounts, for such periods of time, and under such terms and conditions as will cause the interest on bonds issued to finance the cost of a project to become taxable by the federal government. This section shall not apply to sales of ethanol or hydrogen.
Source
Laws 1982, LB 852, § 13;
Laws 1986, LB 1230, § 55;
Laws 2005, LB 139, § 23.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1414 - Joint authority; issue bonds; pledge revenue; restrictions.

70-1414.
Joint authority; issue bonds; pledge revenue; restrictions.
A joint authority may issue bonds and pledge the revenue, or any portion thereof, derived or to be derived from all or any of its projects, and any additions and improvements to or extensions of such projects, or contributions or advances from or loans to its members to pay for the principal and interest of such bonds. Bonds of a joint authority shall be authorized by resolution adopted by its board of directors. Any bonds so issued shall be subject to the restrictions contained in sections 70-644 to 70-648.
Source
Laws 1982, LB 852, § 14.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1417 - Directors; establish rates and fees; limitation; pledge; lien.

70-1417.
Directors; establish rates and fees; limitation; pledge; lien.
A two-thirds majority vote of the directors of the joint authority present, with each member casting the number of votes to which he or she is entitled, is authorized to fix, charge, and collect rents, rates, fees, and charges for electric power and energy, hydrogen, ethanol, and other services, related to the generation, transmission, and sale of electric energy, to the production, storage, or distribution of hydrogen, or to the production or distribution of ethanol. For so long as any bonds of a joint authority are outstanding and unpaid, the rents, rates, fees, and charges shall be so fixed as to provide revenue at least sufficient, together with other available funds, to pay all costs of and charges and expenses in connection with the proper operation and maintenance of its projects and all necessary repairs, replacements, or renewals of such projects, to pay when due the principal of, premium, if any, and interest on all bonds payable from such revenue, to create and maintain reserves and comply with such covenants as may be required by any resolution or trust agreement authorizing and securing bonds, and to pay any and all amounts which the joint authority may be obligated to pay from such revenue by law or contract.
Any pledge made by a joint authority pursuant to the Joint Public Power Authority Act shall be valid and binding from the date the pledge is made. The revenue, securities, and other money so pledged and then held or thereafter received by the joint authority or any fiduciary shall immediately be subject to the lien of the pledge without any physical delivery of such pledge or further act, and the lien of the pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the member district or joint authority without regard to whether such parties have notice of such lien.
Source
Laws 1982, LB 852, § 17;
Laws 1986, LB 1230, § 57;
Laws 2005, LB 139, § 25.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1418 - Funds from bond issuance; investment authorized; conditions.

70-1418.
Funds from bond issuance; investment authorized; conditions.
The resolution authorizing the bonds of any issue or the trust agreement securing such bonds may provide that any of such money may be temporarily invested and reinvested pending disbursements of such money in such securities and other investments as shall be provided in such resolution or trust agreement, and shall provide that any bank or trust company with which such money shall be deposited shall act as trustee of such money and shall hold and apply the same for purposes pursuant to this section, subject to such regulation as sections 70-1401 to 70-1423 and such resolution or trust agreement may provide.
Source
Laws 1982, LB 852, § 18.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1419 - Bondholder; trustee; enforcement of rights.

70-1419.
Bondholder; trustee; enforcement of rights.
Any holder of bonds issued under sections 70-1401 to 70-1423 or any of the coupons appertaining thereto, and the trustee under any trust agreement, except to the extent the rights pursuant to this section may be restricted by such trust agreement or the resolution authorizing the issuance of such bonds, may, either at law or in equity, by suit, action, mandamus, or other proceeding, protect and enforce any and all rights under the laws of the state or granted in sections 70-1401 to 70-1423, or, to the extent permitted by law, under such trust agreement or resolution authorizing the issuance of such bonds or under any agreement or other contract executed by the joint authority pursuant to sections 70-1401 to 70-1423, and may enforce and compel the performance of all duties required by sections 70-1401 to 70-1423 or by such trust agreement or resolution to be performed by any joint authority or member district or by any officer of such joint authority, including the fixing, charging, and collecting of rents, rates, fees, and charges.
Source
Laws 1982, LB 852, § 19.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1420 - Refunding bonds; issuance; conditions.

70-1420.
Refunding bonds; issuance; conditions.
A joint authority is hereby authorized to provide by resolution for the issuance of refunding bonds of the joint authority for the purpose of refunding any bonds then outstanding, in advance of their maturity or earlier redemption date, which shall have been issued under sections 70-1401 to 70-1423, including the payment of any redemption premium on such bonds and any interest accrued or to accrue to the date of redemption of such bonds. The issuance of such bonds, the maturities, and other details of such bonds, the rights of the holders of such bonds, and the rights, duties, and obligations of the joint authority in respect to the same shall be governed by the appropriate provisions of sections 70-1401 to 70-1423 which relate to the issuance of bonds.
Source
Laws 1982, LB 852, § 20.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1421 - Board of directors; grants-in-aid and loans; authorized; powers.

70-1421.
Board of directors; grants-in-aid and loans; authorized; powers.
The board of directors of a joint authority is hereby authorized to make application and to enter into contracts for and to accept grants-in-aid and loans from the federal and state governments and their agencies for planning, acquiring, constructing, expanding, maintaining, and operating any project or facility, or participating in any research or development program, or performing any function which such joint authority may be authorized by general or local law to provide or perform.
In order to exercise the authority granted by this section, the board of directors of a joint authority may:
(1) Enter into and carry out contracts with the state or federal government or any agency or institution thereof under which such government, agency, or institution grants financial or other assistance to the joint authority;
(2) Accept such assistance or funds as may be granted or loaned by the state or federal government with or without such a contract;
(3) Agree to and comply with any reasonable conditions which are imposed upon such grants or loans; and
(4) Make expenditures from any funds so granted.
Source
Laws 1982, LB 852, § 21.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1422 - Sections, supplemental to other provisions.

70-1422.
Sections, supplemental to other provisions.
Sections 70-1401 to 70-1421 shall be deemed to provide an additional, alternative, and complete method for the doing of the things authorized thereby and shall be deemed and construed to be supplemental and additional to powers conferred by existing laws, and shall not be regarded as in degradation of any powers not existing, except that insofar as provisions of sections 70-1401 to 70-1423 are inconsistent with the provisions of any other special or local law, the provisions of sections 70-1401 to 70-1423 shall be controlling. Nothing in sections 70-1401 to 70-1423 shall be construed to authorize the issuance of the bonds for the purpose of financing facilities to be owned wholly or in part by any private corporation.
Source
Laws 1982, LB 852, § 22.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1423 - Sections, how construed.

70-1423.
Sections, how construed.
In order to effectuate the purposes and policies prescribed in sections 70-1401 to 70-1423, the provisions of sections 70-1401 to 70-1423 shall be liberally construed.
Source
Laws 1982, LB 852, § 23.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1501 - Statement of policy.

70-1501.
Statement of policy.
It is the public policy of this state to provide its citizens with adequate electric service at as low an overall cost as possible, consistent with sound business practices, and in furtherance of such policy it is necessary to avoid and eliminate conflict and competition among and between suppliers of electric power and energy and to avoid duplication of facilities and resources which result from such conflict and competition.
Source
Laws 1984, LB 805, § 1.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1502 - Suppliers; agreements authorized.

70-1502.
Suppliers; agreements authorized.
In furtherance of the policy of this state as set forth in section 70-1501, suppliers of electric power and energy, including public power districts, nonprofit corporations, public power and irrigation districts, individual municipalities, registered groups of municipalities, public corporations, electric membership associations, cooperatives, and any other entities, are authorized to enter into written agreements between or among themselves which (1) prohibit, limit, or set conditions on the right of any party to the agreement to sell power and energy at wholesale to any entity which is then or thereafter served by another party to the agreement or to any entity listed in the agreement as a customer of another party to the agreement or (2) require any party to the agreement which sells power and energy at wholesale to any entity which is then or thereafter served by another party to the agreement or to any entity listed in the agreement as a customer of another party to the agreement to purchase power and energy from another party to the agreement.
Source
Laws 1984, LB 805, § 2.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1503 - Agreement; Nebraska Power Review Board; approval required; procedure.

70-1503.
Agreement; Nebraska Power Review Board; approval required; procedure.
Before any agreement made pursuant to section 70-1502 or amendment to such agreement shall become effective, it shall be submitted to and approved by the Nebraska Power Review Board. When requested to approve such agreement or amendment, the Nebraska Power Review Board shall determine whether such agreement or amendment is in furtherance of the public policy of this state as set forth in section 70-1501. The board may make such investigation as it determines is necessary, give ten days' notice by mail to such alternate power suppliers as it deems affected by the agreement or amendment, 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 the agreement or amendment cannot be reasonably expected to fulfill the purposes of sections 70-1501 to 70-1505. The purpose of this section is to promote and encourage the making of agreements pursuant to section 70-1502.
Source
Laws 1984, LB 805, § 3.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1504 - Agreement; dispute; hearing.

70-1504.
Agreement; dispute; hearing.
In the event of any disagreement arising among the parties to an agreement authorized by sections 70-1501 to 70-1505 which cannot be settled by negotiations, the dispute may be submitted to the Nebraska Power Review Board. Upon the submission of any such disagreement to the board, the board shall set a time and place for hearing thereon and give notice as provided in section 70-1013. Following such hearing, the board shall make its recommendations for the settlement of such disagreement, which recommendations shall be advisory only.
Source
Laws 1984, LB 805, § 4.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1505 - Supplier; competition and antitrust provisions; exemption.

70-1505.
Supplier; competition and antitrust provisions; exemption.
In the exercise of the powers granted in sections 70-1501 to 70-1505 and in Chapter 70, article 10, to execute agreements authorized by sections 70-1501 to 70-1505 or other agreements authorized by Chapter 70, article 10, a supplier of electric power and energy shall be exempt from any law, rule, or regulation of this state regulating competition. It is intended that a supplier of electric power and energy carrying out the activities described by an agreement authorized by sections 70-1501 to 70-1505 or any other agreement authorized by Chapter 70, article 10, receive full exemption and immunity from state and federal antitrust laws in light of the public purposes and regulatory provisions of sections 70-1501 to 70-1505.
Source
Laws 1984, LB 805, § 5.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1601 - Applicant for service; denial prohibited, when.

70-1601.
Applicant for service; denial prohibited, when.
No applicant for the services of a public or private utility company furnishing water, natural gas, or electricity at retail in this state shall be denied service because of unpaid bills for similar service which are not collectible at law because of statutes of limitations or discharge in bankruptcy proceedings.
Source
Laws 1972, LB 1201, § 2;
R.S.1943, (1987), § 18-417;
Laws 1988, LB 792, § 1.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1602 - Domestic subscriber, defined.

70-1602.
Domestic subscriber, defined.
As used in sections 70-1603 to 70-1615, unless the context otherwise requires, domestic subscriber shall not include municipalities, cities, villages, political subdivisions, companies, corporations, partnerships, limited liability companies, or businesses of any nature.
Source
Laws 1979, LB 143, § 2;
R.S.1943, (1987), § 19-2703;
Laws 1988, LB 792, § 2;
Laws 1993, LB 121, § 417.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1603 - Municipal utility; owned and operated by a village; discontinuance of service; notice; procedure.

70-1603.
Municipal utility; owned and operated by a village; discontinuance of service; notice; procedure.
No municipal utility owned and operated by a village furnishing water, natural gas, or electricity at retail in this state shall discontinue service to any domestic subscriber for nonpayment of any past-due account unless such utility first gives written notice by mail to any subscriber whose service is proposed to be terminated at least seven days prior to termination.
Source
Laws 1979, LB 143, § 16;
Laws 1982, LB 522, § 2;
R.S.1943, (1987), § 19-2716;
Laws 1988, LB 792, § 3;
Laws 1996, LB 1044, § 369;
Laws 2010, LB849, § 17.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1604 - Municipal utility; owned and operated by a village; discontinuance of service; conference; notice; procedure.

70-1604.
Municipal utility; owned and operated by a village; discontinuance of service; conference; notice; procedure.
Prior to the discontinuance of service to any domestic subscriber by a municipal utility owned and operated by a village, the domestic subscriber, upon request, shall be provided a conference with the board of trustees of the village. A municipal utility owned and operated by a village shall not be subject to sections 70-1608 to 70-1614, but the board of trustees shall establish a procedure to resolve utility bills when a conference is requested by a domestic subscriber. The procedure shall be in writing and a copy of such procedure shall be furnished upon the request of any domestic subscriber. The board of trustees shall notify the domestic subscriber of the time, place, and date scheduled for such conference.
Source
Laws 1979, LB 143, § 17;
R.S.1943, (1987), § 19-2717;
Laws 1988, LB 792, § 4.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1605 - Discontinuance of service; notice; procedure; limitation on fees.

70-1605.
Discontinuance of service; notice; procedure; limitation on fees.
No public or private utility company, other than a municipal utility owned and operated by a village, furnishing water, natural gas, or electricity at retail in this state shall discontinue service to any domestic subscriber for nonpayment of any past-due account unless the utility company first gives notice to any subscriber whose service is proposed to be terminated. Such notice shall be given in person, by first-class mail, or by electronic delivery, except that electronic delivery shall only be used if the subscriber has specifically elected to receive such notices by electronic delivery. If notice is given by first-class mail or electronic delivery, such notice shall be conspicuously marked as to its importance. Service shall not be discontinued for at least seven days after notice is sent or given. Holidays and weekends shall be excluded from the seven days. A public or private utility company shall not charge a fee for the discontinuance or reconnection of utility service that exceeds the reasonable costs of providing such service.
Source
Laws 1972, LB 1201, § 1;
R.R.S.1943, (1977), § 18-416;
Laws 1979, LB 143, § 1;
Laws 1982, LB 522, § 1;
R.S.1943, (1987), § 19-2702;
Laws 1988, LB 792, § 5;
Laws 1996, LB 1044, § 370;
Laws 2010, LB849, § 18;
Laws 2015, LB104, § 1;
Laws 2020, LB632, § 7.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1606 - Discontinuance of service; notice; contents; accessible to public.

70-1606.
Discontinuance of service; notice; contents; accessible to public.
(1) The notice required by section 70-1605 shall contain the following information:
(a) The reason for the proposed disconnection;
(b) A statement of intention to disconnect unless the domestic subscriber either pays the bill or reaches an agreement with the utility regarding payment of the bill;
(c) The date upon which service will be disconnected if the domestic subscriber does not take appropriate action;
(d) The name, address, and telephone number of the utility's employee or department to whom the domestic subscriber may address any inquiry or complaint;
(e) The domestic subscriber's right, prior to the disconnection date, to request a conference regarding any dispute over such proposed disconnection;
(f) A statement that the utility may not disconnect service pending the conclusion of the conference;
(g) A statement to the effect that disconnection shall be postponed or prevented upon presentation of a duly licensed physician's, physician assistant's, or advanced practice registered nurse's certificate, which shall certify that a domestic subscriber or resident within such subscriber's household has an existing illness or handicap which would cause such subscriber or resident to suffer an immediate and serious health hazard by the disconnection of the utility's service to that household. Such certificate shall be filed with the utility within five days of receiving notice under this section, excluding holidays and weekends, and will prevent the disconnection of the utility's service for a period of at least thirty days from such filing. Only one postponement of disconnection shall be required under this subdivision for each incidence of nonpayment of any past-due account;
(h) The cost that will be borne by the domestic subscriber for restoration of service;
(i) A statement that the domestic subscriber may arrange with the utility for an installment payment plan;
(j) A statement to the effect that those domestic subscribers who are welfare recipients may qualify for assistance in payment of their utility bill and that they should contact their caseworker in that regard; and
(k) Any additional information not inconsistent with this section which has received prior approval from the board of directors or administrative board of any utility.
(2) A public or private utility company, other than a municipal utility owned and operated by a village, shall make the service termination information required under subdivisions (d), (e), (f), (g), (i), (j), and (k) of subsection (1) of this section readily accessible to the public on the website of the utility company and available by mail upon request.
Source
Laws 1979, LB 143, § 3;
R.S.1943, (1987), § 19-2704;
Laws 1988, LB 792, § 6;
Laws 2020, LB632, § 8.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1607 - Discontinuance of service; third-party notice procedure.

70-1607.
Discontinuance of service; third-party notice procedure.
Each utility subject to section 70-1603 or 70-1605 shall establish a third-party notice procedure for the notification of a designated third party of any proposed discontinuance of service and shall advise its subscribers, including new subscribers, of the availability of such procedures.
Source
Laws 1979, LB 143, § 4;
R.S.1943, (1987), § 19-2705;
Laws 1988, LB 792, § 7.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1608 - Discontinuance of service; dispute; conference.

70-1608.
Discontinuance of service; dispute; conference.
A domestic subscriber may request a conference in regard to any dispute over a proposed discontinuance of service before an employee designated by the utility to hear such matters. The employee designated by the utility shall hear and decide all matters disputed by domestic subscribers. The subjects to be heard shall include matters relating to a disputed bill.
Source
Laws 1979, LB 143, § 5;
R.S.1943, (1987), § 19-2706;
Laws 1988, LB 792, § 8.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1609 - Discontinuance of service; dispute; statement; effect.

70-1609.
Discontinuance of service; dispute; statement; effect.
A domestic subscriber may dispute the proposed discontinuance of water, natural gas, or electricity by notifying the utility with a written statement that sets forth the reasons for the dispute and the relief requested. If a statement has been made by the subscriber, a conference shall be held before the utility may discontinue service.
Source
Laws 1979, LB 143, § 7;
R.S.1943, (1987), § 19-2708;
Laws 1988, LB 792, § 9.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1610 - Conference; employee; duties.

70-1610.
Conference; employee; duties.
Upon notice to the employee designated by the utility of any request for a conference by a domestic subscriber, the employee shall:
(1) Notify the domestic subscriber, in writing, of the time, place, and date scheduled for the conference; and
(2) Hold a conference within fourteen days of the receipt of the domestic subscriber's request. Such conference shall be informal and not governed by the Nebraska Evidence Rules. If the employee determines at the conference that the domestic subscriber did not receive proper notice or was denied any other right afforded under sections 70-1605 to 70-1615, the employee shall recess and continue the conference at such time as the subscriber has been afforded his or her rights. Failure of a domestic subscriber to attend a scheduled conference shall relieve the utility of any further action prior to the discontinuance of service. If a domestic subscriber contacts the utility prior to the scheduled conference and demonstrates that failure to attend is for a legitimate reason, the utility shall make a reasonable effort to reschedule the conference.
Source
Laws 1979, LB 143, § 8;
R.S.1943, (1987), § 19-2709;
Laws 1988, LB 792, § 10.
Cross References
Nebraska Evidence Rules, see section 27-1103.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1611 - Conference; employee; decision to terminate service; when.

70-1611.
Conference; employee; decision to terminate service; when.
The employee of the utility shall, based solely on the evidence presented at the conference, affirm, reverse, or modify any decision by the utility involving a disputed bill which results in a threatened termination of utility service. The employee shall allow termination of utility service only as a measure of last resort after the utility has exhausted all other remedies less drastic than termination.
Source
Laws 1979, LB 143, § 9;
R.S.1943, (1987), § 19-2710;
Laws 1988, LB 792, § 11.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1612 - Appeal; hearing; procedure.

70-1612.
Appeal; hearing; procedure.
Any domestic subscriber may appeal an adverse decision of the utility employee to a management office designated by the utility or to the utility board when designated by the utility. Each utility shall establish a hearing procedure to resolve utility bills appealed by domestic subscribers. The procedure shall be in writing and a copy of such procedure shall be furnished upon the request of any domestic subscriber. Such appeal shall be filed with the management office or utility board within the time specified in the procedures established by the utility. Nothing in sections 70-1602 to 70-1615 shall prohibit any utility from providing such additional stages of appeal as it may deem appropriate.
Source
Laws 1979, LB 143, § 10;
R.S.1943, (1987), § 19-2711;
Laws 1988, LB 792, § 12.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1613 - Appeal; hearing; domestic subscriber; rights.

70-1613.
Appeal; hearing; domestic subscriber; rights.
At any hearing held pursuant to section 70-1612, the domestic subscriber may:
(1) Be represented by legal counsel or other representative or spokesperson;
(2) Examine and copy, not less than three business days prior to such hearing, the utility's file and records pertaining to all matters directly relevant to the dispute or utilized in any way by the utility in reaching the decision to propose termination or to take other action which is the subject of the hearing;
(3) Present witnesses and offer evidence;
(4) Confront and cross-examine such other witnesses as may appear and testify at the hearing; and
(5) Make or have made a record of the proceedings at his or her own expense.
Source
Laws 1979, LB 143, § 12;
R.S.1943, (1987), § 19-2713;
Laws 1988, LB 792, § 13.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1614 - Appeal; hearing; management office; duties.

70-1614.
Appeal; hearing; management office; duties.
In any appeal filed pursuant to section 70-1612, the management office designated by the utility shall notify the domestic subscriber of the time, place, and date scheduled for such hearing. The notice requirements, hearing procedures, and other rights of domestic subscribers shall be set forth in the procedures established under sections 70-1612 and 70-1613.
Source
Laws 1979, LB 143, § 13;
R.S.1943, (1987), § 19-2714;
Laws 1988, LB 792, § 14.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1615 - Sections; not applicable; when.

70-1615.
Sections; not applicable; when.
Sections 70-1602 to 70-1614 shall not apply to any disconnections or interruptions of services made necessary by the utility for reasons of repair or maintenance or to protect the health or safety of the domestic subscriber or of the general public.
Source
Laws 1979, LB 143, § 14;
R.S.1943, (1987), § 19-2715;
Laws 1988, LB 792, § 15.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1701 - Terms, defined.

70-1701.
Terms, defined.
For purposes of sections 70-1701 to 70-1705:
(1) Power has the same meaning as in section 70-601; and
(2) Public entity means a municipality, a registered group of municipalities, a public power district, a public power and irrigation district, an electric cooperative, an electric membership association, a joint entity formed under the Interlocal Cooperation Act, a joint public agency formed under the Joint Public Agency Act, an agency formed under the Municipal Cooperative Financing Act, or any other governmental body or subdivision of government.
Source
Laws 2004, LB 969, § 1.
Cross References
Interlocal Cooperation Act, see section 13-801.
Joint Public Agency Act, see section 13-2501.
Municipal Cooperative Financing Act, see section 18-2401.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1702 - Purchase agreement; contents.

70-1702.
Purchase agreement; contents.
Notwithstanding any other provision of Nebraska law, any public entity may enter into an agreement for the purchase of power to be generated by a project consisting of one or more electric generating facilities. A purchase agreement may contain such terms and conditions as the public entity may determine, including provisions whereby the public entity agrees to accept and pay for additional power generated by a project if another public entity that is a purchaser of power from the same project defaults or otherwise is unable to take or pay for such power. A purchase agreement may further provide that the public entity is obligated to make payments regardless of whether power is provided, produced, or delivered to the public entity or whether the project contemplated by a purchase agreement is completed, operable, or operating, and notwithstanding suspension, interruption, interference, reduction, or curtailment of the output of power from such project.
Source
Laws 2004, LB 969, § 2.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1703 - Agreement; other provisions applicable.

70-1703.
Agreement; other provisions applicable.
Any municipality that enters into an agreement for the purchase of power containing any of the provisions described in section 70-1702 shall be deemed to have entered into such agreement under the provisions of this section and sections 18-412.06 and 70-1705. No agreement shall be deemed an agreement entered into pursuant to sections 18-412.09 and 70-1704 unless such agreement specifically states that it is entered into pursuant to such sections.
Source
Laws 2004, LB 969, § 3.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1704 - Ownership agreement; terms and conditions.

70-1704.
Ownership agreement; terms and conditions.
If a public entity enters into an ownership agreement of any electric facility pursuant to section 18-412.09, the agreement may contain such terms and conditions as the public entity may determine.
Source
Laws 2004, LB 969, § 4.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1705 - Sections; how construed.

70-1705.
Sections; how construed.
Sections 70-1701 to 70-1705 shall be liberally construed to effectuate their purposes. The provisions of sections 70-1701 to 70-1705 shall be independent of and supplemental to any other applicable provisions of law, petition for creation, or charter.
Source
Laws 2004, LB 969, § 5.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1801 - Act, how cited.

70-1801.
Act, how cited.
Sections 70-1801 to 70-1819 shall be known and may be cited as the Public Entities Mandated Project Charges Act.
Source
Laws 2006, LB 548, § 1;
Laws 2015, LB141, § 1.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1802 - Definitions, where found.

70-1802.
Definitions, where found.
For purposes of the Public Entities Mandated Project Charges Act, the definitions found in sections 70-1803 to 70-1811 apply.
Source
Laws 2006, LB 548, § 2;
Laws 2015, LB141, § 2.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1803 - Financing costs, defined.

70-1803.
Financing costs, defined.
Financing costs means:
(1) Interest, including, but not limited to, capitalized interest, and redemption premiums that are payable on mandated project bonds;
(2) The cost of retiring or refunding a public entity's existing debt in connection with the issuance of mandated project bonds, but only to the extent the debt was issued for the purposes of financing mandated project costs;
(3) Any cost related to the issuing and servicing of mandated project bonds, whether issued by a public entity or by a mandated project bond issuer, including, but not limited to, servicing fees, trustee fees, legal fees, administrative fees, bond counsel fees, bond placement or underwriting fees, remarketing fees, broker dealer fees, payments under an interest rate swap agreement, financial advisor fees, accounting or engineering report fees, and rating agency fees;
(4) Any expense associated with any bond insurance policy, credit enhancement, or other financial arrangement entered into in connection with the issuance of mandated project bonds; and
(5) The funding of one or more reserve accounts related to mandated project bonds.
Source
Laws 2006, LB 548, § 3;
Laws 2015, LB141, § 3.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1804 - Mandate, defined.

70-1804.
Mandate, defined.
Mandate means a requirement imposed by a statute of the United States or the State of Nebraska, a rule, a regulation, an administrative or a judicial order, a licensing requirement or condition, any agreement with or requirement of a regional transmission organization, or any consent order or agreement between the United States or the State of Nebraska, or any agency thereof, and a public entity.
Source
Laws 2006, LB 548, § 4.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1805 - Mandated project, defined.

70-1805.
Mandated project, defined.
Mandated project means the construction, retrofitting, rebuilding, acquisition, or installation of any equipment, device, structure, improvement, process, facility, technology, or other property owned, licensed, or controlled by a public entity or operated for the benefit of a public entity through a power participation or purchase agreement, either within or outside the State of Nebraska, and used in connection with a new or existing facility related to electrical power generation, transmission, or distribution, which construction, retrofitting, rebuilding, acquisition, or installation is undertaken to satisfy a mandate, including, but not limited to, any equipment, device, structure, improvement, process, facility, technology, or other property related to environmental pollution control, safety, or useful life extension of an existing plant or facility.
Source
Laws 2006, LB 548, § 5.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1806 - Mandated project bonds, defined.

70-1806.
Mandated project bonds, defined.
Mandated project bonds means bonds, notes, or other evidences of indebtedness that are issued by a public entity or by a mandated project bond issuer, the proceeds of which are used directly or indirectly to pay or reimburse mandated project costs and financing costs and which bonds are secured by and payable from mandated project charges.
Source
Laws 2006, LB 548, § 6;
Laws 2015, LB141, § 5.