reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1014 - Electric generation facilities and transmission lines; approval or denial of application; findings required; regional line or facilities; additional consideration.

70-1014.
Electric generation facilities and transmission lines; approval or denial of application; findings required; regional line or facilities; additional consideration.
(1) After hearing, the board shall have authority to approve or deny the application. Except as provided in section 70-1014.01 for special generation applications, before approval of an application, the board shall find that the application will serve the public convenience and necessity, and that the applicant can most economically and feasibly supply the electric service resulting from the proposed construction or acquisition, without unnecessary duplication of facilities or operations.
(2) If the application involves a transmission line or related facilities planned and approved by a regional transmission organization and the regional transmission organization has issued a notice to construct or similar notice or order to a utility to construct the line or related facilities, the board shall also consider information from the regional transmission organization's planning process and may consider the benefits to the region, which shall include Nebraska, provided by the proposed line or related facilities as part of the board's process in determining whether to approve or deny the application.
(3) 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, § 14, p. 1265;
Laws 1981, LB 181, § 51;
Laws 2003, LB 65, § 2;
Laws 2010, LB1048, § 5;
Laws 2012, LB742, § 1;
Laws 2016, LB824, § 8.
Annotations
In determining whether a proposed application should be approved, the Nebraska Power Review Board does not have the power to determine that the proposed transmission line should be built along a particular route. Lincoln Electric System v. Terpsma, 207 Neb. 289, 298 N.W.2d 366 (1980).
Nebraska Power Review Board is authorized, after hearing, to decide which of two competing facilities shall furnish service. City of Auburn v. Eastern Nebraska Public Power Dist., 179 Neb. 439, 138 N.W.2d 629 (1965).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1016 - Appeals; procedure.

70-1016.
Appeals; procedure.
An appeal of any final action of the board may be taken to the Court of Appeals. Such appeal shall be in accordance with rules provided by law for appeals in civil cases.
Source
Laws 1963, c. 397, § 16, p. 1265;
Laws 1991, LB 732, § 123;
Laws 2003, LB 187, § 13.
Annotations
Decision of the Nebraska Power Review Board will be affirmed on appeal if it is supported by the evidence in the record and is not arbitrary, capricious, unreasonable, or otherwise illegal. In re Complaint of Federal Land Bank of Omaha, 223 Neb. 897, 395 N.W.2d 488 (1986).
This section provides for an appeal and necessarily contemplates the board must have evidence before it can determine whether an agreement can be reasonably expected to provide a reliable wholesale power supply at a reasonable cost to the area. City of Lincoln v. Nebraska P. P. Dist., 191 Neb. 556, 216 N.W.2d 722 (1974).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1017 - Suppliers; duty to furnish service; disputes submitted to board.

70-1017.
Suppliers; duty to furnish service; disputes submitted to board.
Any supplier of electricity at retail shall furnish service, upon application, to any applicant within the service area of such supplier if it is economically feasible to service and supply the applicant. The electric service shall be furnished by the supplier within a reasonable time after the application is made. If the supplier and the applicant cannot agree upon any of the terms under which service is to be furnished, or if the applicant alleges that the supplier is not treating all customers and applicants fairly and without discrimination within the same rate class, the matter shall be submitted to the board for hearing and determination.
Source
Laws 1963, c. 397, § 17, p. 1266;
Laws 1974, LB 674, § 1;
Laws 1981, LB 181, § 53.
Annotations
The Nebraska Power Review Board lacks authority to determine whether a supplier of electricity may insist upon the payment of another's delinquent charges as a condition of providing electric service. Keith County Bank v. Wheat Belt Pub. Power Dist., 226 Neb. 850, 415 N.W.2d 459 (1987).
Payment of another's past-due electric use charges is not a term "under which service is to be furnished" of the nature which this section empowers the board to consider. In re Complaint of Federal Land Bank of Omaha, 223 Neb. 897, 395 N.W.2d 488 (1986).
Potentially conflicting interests within a class are incompatible with the maintenance of a true class action and this aspect may be disposed of upon motion for summary judgment. Blankenship v. Omaha P. P. Dist., 195 Neb. 170, 237 N.W.2d 86 (1976).
This section referred to in connection with holding that an ordinance fixing rates for electrical energy supplied by city-owned plant is not subject to referendum. Hoover v. Carpenter, 188 Neb. 405, 197 N.W.2d 11 (1972).
Zoning area of city and service area of power district may overlap. City of Gering v. Gering Valley Rural P. P. Dist., 180 Neb. 241, 142 N.W.2d 155 (1966).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1018 - Suppliers; disputes over rates; submission to board; hearing; recommendations.

70-1018.
Suppliers; disputes over rates; submission to board; hearing; recommendations.
In the event of any dispute between suppliers concerning rates for service between such suppliers which cannot be settled by negotiations, the dispute shall be submitted to the board. The board may intervene in any such dispute on its own motion. Upon the submission of such dispute or the board's decision to intervene, 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 dispute, which recommendations shall be advisory only.
Source
Laws 1963, c. 397, § 18, p. 1266.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1019 - Board; proceedings; compel attendance of witnesses and production of documents; contempt proceedings authorized.

70-1019.
Board; proceedings; compel attendance of witnesses and production of documents; contempt proceedings authorized.
In any proceeding had before it under the provisions of Chapter 70, article 10, the board shall have authority, by subpoena, to compel the attendance of witnesses, and the production of any books, papers, records, accounts, or other documents which may be necessary to assist in a determination of any matter pending before the board. If any person shall disobey any such subpoena or refuse to testify concerning any matter regarding which he or she may be lawfully interrogated, the district court of Lancaster County, upon application by the board, may compel obedience by proceedings for contempt as in the case of disobedience to the requirements of a subpoena issued from such court or a refusal to testify therein.
Source
Laws 1963, c. 397, § 19, p. 1266;
Laws 1981, LB 181, § 54.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1020 - Board; expenses; assessments levied against suppliers; apportionment; collection; interest; Nebraska Power Review Fund; created; investment.

70-1020.
Board; expenses; assessments levied against suppliers; apportionment; collection; interest; Nebraska Power Review Fund; created; investment.
In order to defray the expenses of the Nebraska Power Review Board, there shall be imposed upon each public power district, public power and irrigation district, electric membership association, electric cooperative company, and municipality having an electric distribution system or generation and distribution system, and also upon all registered groups of municipalities, an assessment each fiscal year in such sum as shall be determined by the board and approved by the Governor. The total of such assessments shall not exceed the expenses of the board which may reasonably be anticipated for the fiscal year for which assessment is made and shall be apportioned among the various agencies in proportion to their gross income in the preceding calendar year. The board shall determine and certify such assessment to each supplier after approval of the board's budget by the Legislature and Governor. The supplier shall remit the amount of its assessment to the board within forty-five days after the mailing of the assessment. Any assessment not paid when due shall draw interest at a rate equal to the rate of interest allowed per annum under section 45-104.02, as such rate may from time to time be adjusted. The proceeds of such assessment shall be remitted to the State Treasurer for credit to the Nebraska Power Review Fund, which fund is hereby created and which, when appropriated by the Legislature, shall be used to administer the powers granted to the Nebraska Power Review Board, except that transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Nebraska Power Review Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 1963, c. 397, § 20, p. 1266;
Laws 1965, c. 407, § 1, p. 1307;
Laws 1969, c. 584, § 65, p. 2385;
Laws 1981, LB 181, § 55;
Laws 1984, LB 730, § 1;
Laws 1992, Fourth Spec. Sess., LB 1, § 10;
Laws 1994, LB 1066, § 64;
Laws 2009, First Spec. Sess., LB3, § 43.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1021 - Microwave communication facilities; authorization; procedure; protest; hearing; when.

70-1021.
Microwave communication facilities; authorization; procedure; protest; hearing; when.
After April 24, 1978, except as provided in section 70-1022, a public power district shall not construct microwave communication facilities unless such district is authorized to construct and operate its own microwave facilities by order of the Nebraska Power Review Board. Before such microwave construction is authorized, the Nebraska Power Review Board shall find (1) that in the judgment of the board the district is not receiving the required quality of service, and will not within a reasonable time receive the required quality of service from the regulated carrier or carriers involved, or (2) that the regulated carriers would not provide the required quality of service by the same or alternate methods, at the same or lower costs to the district, and (3) that such construction would be in the public interest. Upon the filing of an application to construct microwave communication facilities under this section, the board shall give notice thereof by mail to any regulated carrier or carriers involved. The regulated carrier or carriers involved shall have ten days to file specific written protests to such application which shall set forth in detail on what points the application is being protested. Upon filing of a protest or protests by the regulated carrier or carriers involved, the Nebraska Power Review Board shall set the matter for hearing, except that if no protests are filed the board may grant the application without hearing.
Source
Laws 1978, LB 800, § 2;
Laws 1980, LB 857, § 1.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1022 - Microwave facilities or system; authorization; when not required.

70-1022.
Microwave facilities or system; authorization; when not required.
Nebraska Power Review Board authorization shall not be required for the following:
(1) Construction of microwave facilities to be completed in a reasonable time where the district has, prior to April 24, 1978, entered into binding contractual obligations with respect to such facilities;
(2) Extensions of fifty miles or less of any single portion of a microwave system if such portion was in existence on or before April 24, 1978; or
(3) The addition of new equipment to modernize or upgrade but not to extend microwave facilities.
Source
Laws 1978, LB 800, § 3.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1024 - Power supply plan; board; powers and duties; special assessment.

70-1024.
Power supply plan; board; powers and duties; special assessment.
The board shall, prior to October 1, 1981, designate the representative organization responsible for the preparation and filing of those reports required pursuant to sections 70-1025 and 70-1026. The board may utilize a preexisting representative group from the industry if such group is willing to perform the task in the prescribed time and manner. The board shall prepare and publish the long-range power supply plan itself, if the board determines that no representative group is willing to complete such a study or that the product of any group so assembled has substantial deficiencies or cannot be completed by the prescribed date. The board shall have the power and duty to levy a special assessment in the manner described in section 70-1020 to defray the costs of such power supply plans, if the board must produce such power supply plan by itself or with consultants.
Source
Laws 1981, LB 302, § 2.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1025 - Power supply plan; contents; filing; annual report.

70-1025.
Power supply plan; contents; filing; annual report.
(1) The representative organization shall file with the board a coordinated long-range power supply plan containing the following information:
(a) The identification of all electric generation plants operating or authorized for construction within the state that have a rated capacity of at least twenty-five thousand kilowatts;
(b) The identification of all transmission lines located or authorized for construction within the state that have a rated capacity of at least two hundred thirty kilovolts; and
(c) The identification of all additional planned electric generation and transmission requirements needed to serve estimated power supply demands within the state for a period of twenty years.
(2) The representative organization shall file with the board the coordinated long-range power supply plan specified in subsection (1) of this section, and the board shall determine the date on which such report is to be filed, except that such report shall not be required to be filed more often than biennially.
(3) An annual load and capability report shall be filed with the board by the representative organization. The report shall include:
(a) Statewide utility load forecasts and the resources available to satisfy the loads over a twenty-year period; and
(b) Such other information as the board requests if such request is submitted in writing to the representative organization, is consistent with the board's statutory responsibilities, and can be performed at a reasonable cost.
(4) The annual load and capability report shall be filed on dates specified by the board.
Source
Laws 1981, LB 302, § 3;
Laws 1986, LB 948, § 1;
Laws 2023, LB565, § 45.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1026 - Power supply plan; research and conservation report; contents.

70-1026.
Power supply plan; research and conservation report; contents.
The representative organization shall file, at the request of the board but no more often than biennially, a research and conservation report, which shall include the following information relative to programs enacted by the representative organization and its members:
(1) Research and development;
(2) Energy conservation;
(3) Load management;
(4) Renewable energy sources; and
(5) Cogeneration.
Source
Laws 1981, LB 302, § 4;
Laws 1986, LB 948, § 2.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1027 - Power supply plan; research and conservation report; board; include data in biennial report; hearing.

70-1027.
Power supply plan; research and conservation report; board; include data in biennial report; hearing.
The board shall, in its biennial report, include data from any coordinated long-range power supply plan or research and conservation report filed with it. Before publishing its biennial report, if a coordinated long-range power plan or a research and conservation report has been filed with the board in the previous reporting period, the board shall consider, at a public hearing after giving notice of such hearing, the coordinated long-range power supply plan or the research and conservation report.
Source
Laws 1981, LB 302, § 5;
Laws 1986, LB 948, § 3.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1028 - Electric transmission line approved for construction in regional transmission organization transmission plan; notice to board; failure to provide notice; effect.

70-1028.
Electric transmission line approved for construction in regional transmission organization transmission plan; notice to board; failure to provide notice; effect.
(1) If an electric transmission line has been approved for construction in a regional transmission organization transmission plan, the incumbent electric transmission owner of the existing electric transmission facilities to which the electric transmission line will connect shall give notice to the board, in writing, within ninety days after such approval, if it intends to construct, own, and maintain the electric transmission line. If no notice is provided, the incumbent electric transmission owner shall surrender its first right to construct, own, and maintain the electric transmission line and any other incumbent electric transmission owner may file an application for the electric transmission line under section 70-1012. Within twenty-four months after such notice, the incumbent electric transmission owner shall file an application with the board pursuant to section 70-1012.
(2) For purposes of this section:
(a) Electric transmission line means any line and related facilities connecting to existing electric transmission facilities for transmitting electric energy at a voltage of one hundred kilovolts or greater, other than a line solely for connecting an electric generation facility to facilities owned by an electric supplier; and
(b) Incumbent electric transmission owner means an entity that: (i) Is an electric supplier; (ii) is a member of a regional transmission organization; and (iii) owns and operates electric transmission lines at a voltage of one hundred kilovolts or greater.
Source
Laws 2013, LB388, § 1;
Laws 2016, LB824, § 12.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1029 - Legislative intent.

70-1029.
Legislative intent.
It is the intent of the Legislature to appropriate an additional $200,000 for FY2014-15 to the Nebraska Power Review Board from the General Fund to provide funds to conduct or cause to be conducted a study of state, regional, and national transmission infrastructure and policy and future needs for transmission infrastructure and policy to serve Nebraska electric consumers and utilities and generation facilities in Nebraska seeking to export electricity outside of the state.
Source
Laws 2014, LB1115, § 1.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1030 - Policy of state.

70-1030.
Policy of state.
It is the policy of the state to encourage and allow opportunities for development and operation of renewable energy facilities intended primarily for export from the state in a manner that protects the ratepayers of consumer-owned utility systems operating in the state from subsidizing the costs of such export facilities through their rates and that results in economic development and employment opportunities for residents and communities of the state.
Source
Laws 2014, LB1115, § 2.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1031 - Purposes of study.

70-1031.
Purposes of study.
The purposes of the study provided for under sections 70-1029 to 70-1033 shall include, but not be limited to, identification of electric transmission and generation constraints and opportunities, federal and state legal and regulatory requirements and practices, national and regional transmission operation, national and regional transmission plans and policies, national and regional markets for electricity export and opportunities for and barriers to exporting electricity to such markets, and economic development benefits of expanded state, regional, and national transmission connections.
Source
Laws 2014, LB1115, § 3.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1032 - Working group; members.

70-1032.
Working group; members.
The scope of the study provided for under sections 70-1029 to 70-1033 shall receive input from a working group that may include, but not be limited to, members of the Legislature, the Department of Economic Development, the Department of Environment and Energy, public power districts and other Nebraska electric providers, renewable energy development companies, municipalities, the Southwest Power Pool, the Western Area Power Administration, other transmission system owners, transmission operators, transmission developers, environmental interests, and other interested parties.
Source
Laws 2014, LB1115, § 4;
Laws 2019, LB302, § 87.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1033 - Nebraska Power Review Board; duties.

70-1033.
Nebraska Power Review Board; duties.
(1) The Nebraska Power Review Board shall issue a request for proposals to conduct the study provided for under sections 70-1029 to 70-1033 after consultation with the working group as provided for in section 70-1032.
(2) Any contracts or agreements entered into under this section shall not be subject to the Nebraska Consultants' Competitive Negotiation Act or sections 73-301 to 73-306 or 73-501 to 73-510.
(3) The Nebraska Power Review Board shall present the results of the study to the Executive Board of the Legislative Council with a copy to the Clerk of the Legislature and the Governor on or before December 15, 2014. The report shall be submitted electronically.
Source
Laws 2014, LB1115, § 5.
Cross References
Nebraska Consultants' Competitive Negotiation Act, see section 81-1702.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1101 - Declaration of policy.

70-1101.
Declaration of policy.
It is hereby declared to be the policy of the state to provide for dependable electric service at the lowest practical cost to all of the citizens of the state, including the residents of cities and villages.
The maintenance of competing electric systems within such cities or villages results in duplication of facilities and personnel and the needless expenditure of public funds by both such competing systems; that such needless expenditure for duplicating service by publicly owned agencies is not in accord with sound public policy. Whenever such duplicating competition exists in any municipality between a public power district organized under the provisions of Chapter 70, article 6, and other public agencies, including municipalities, such competition should be eliminated in the public interest for economy of operation and lower rates to the consumer.
Source
Laws 1963, c. 398, § 2, p. 1270.
Annotations
This section is applicable in instances where two or more electric systems are competing against each other for consumer business within a given municipality. The intended purpose of this section is limited to legalizing service area boundary agreements between public power districts and municipally owned electric systems and to establishing a power review board. Southern Neb. Rural P.P. Dist. v. Nebraska Electric, 249 Neb. 913, 546 N.W.2d 315 (1996).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1102 - Public power districts; agreements with municipalities; operation until January 1, 1972.

70-1102.
Public power districts; agreements with municipalities; operation until January 1, 1972.
Whenever any public power district organized under Chapter 70, article 6, is engaged in competitive retail electric service in any incorporated municipality within this state, with a system for the retail sale of electric energy owned by such municipality, such district is hereby directed, within one year from October 19, 1963, to enter into appropriate agreements with such municipality for the operation by the municipality (1) of the distribution system of the district in the municipality; (2) of all its retail business served through such distribution system; and (3) its system in all areas over which the municipality has zoning power, including such secondary transmission lines as are used in the service of the defined area. Such agreement shall provide for such operation by the municipality until January 1, 1972, or such time as such district shall have fully paid or accumulated reserves for the payment of all of the bonds or other obligations of the district incurred as the cost of construction or the purchase price of such system.
Source
Laws 1963, c. 398, § 3, p. 1270.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1103 - Public power districts; no impairment of obligation to bondholders; municipal operation; books and records; revenue.

70-1103.
Public power districts; no impairment of obligation to bondholders; municipal operation; books and records; revenue.
Nothing contained in sections 70-650.01 and 70-1101 to 70-1106 shall in any manner be construed so as to impair the obligations of the public power district to the holders of its outstanding bonds. The municipalities shall properly operate and maintain such system according to the obligations of the district to its bondholders. The municipalities shall maintain and keep separate books and records of the operations of the property of the district in the same manner as such books and records were kept by the district and shall account and pay to the district the same revenue from the property it acquires which the district would have received from the property it transfers to the city if the district had remained the operator of such property.
Source
Laws 1963, c. 398, § 4, p. 1271.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1104 - Public power districts; municipal operation; employees' rights respected.

70-1104.
Public power districts; municipal operation; employees' rights respected.
Any municipality assuming the management of the distribution system of any public power district under the provisions of sections 70-1101 to 70-1103 shall take over and employ all of the employees of the district theretofore operating such property on the same salary, terms and conditions as their previous employment, including their rights of seniority, pension and retirement plan without prejudice to any of such rights.
Source
Laws 1963, c. 398, § 5, p. 1271.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1105 - Obligation of public power district to convey to municipality; no election necessary; when.

70-1105.
Obligation of public power district to convey to municipality; no election necessary; when.
The provisions of section 70-650.01 shall be and remain in full force and effect with reference to the transfer and conveyance of its distribution system by the district as therein required. In those cases in which the municipality shall be operating the distribution system of the district, as provided in sections 70-1102 to 70-1104 at the time of the retirement of the district's bonds as described in section 70-650.01, no election shall be required as a condition of said transfer to the municipality.
Source
Laws 1963, c. 398, § 6, p. 1271.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1106 - Sections, how construed.

70-1106.
Sections, how construed.
Sections 70-650.01 and 70-1101 to 70-1106 shall be deemed to be complete within themselves, to cover the entire subject to which it relates and to be an independent act.
Source
Laws 1963, c. 398, § 7, p. 1272.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1301 - Statement of policy.

70-1301.
Statement of policy.
It is hereby declared to be the public policy of this state to provide adequate electrical service at as low overall cost as possible, consistent with sound business practices and, in furtherance of such policy, electric service should be provided by nonprofit entities including public power districts, public power and irrigation districts, nonprofit electric cooperatives, and municipalities.
Source
Laws 1979, LB 207, § 1.
Annotations
The Nebraska Power Review Board's jurisdiction to resolve wholesale electric rate disputes extends to contractual issues intertwined with such disputes. City of Sidney v. Municipal Energy Agency of Neb., 301 Neb. 147, 917 N.W.2d 826 (2018).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1302 - Electric rate disputes; legislative determination.

70-1302.
Electric rate disputes; legislative determination.
In order to meet the policies set out in section 70-1301, protect the financial integrity of suppliers of electricity at wholesale, avoid imposing a discriminatory burden on purchasers of electricity at wholesale, and insure that wholesale rates are adequate, fair, reasonable, and nondiscriminatory, it is necessary to provide a method to expeditiously and fairly resolve wholesale electric rate disputes, including rate disputes relating to transmission and delivery of electrical energy, between the supplier of electrical energy and any and all of its purchasers of electricity at wholesale. To carry out such policies, the necessity for the enactment of sections 70-1301 to 70-1329 is hereby declared to be a matter of legislative determination.
Source
Laws 1979, LB 207, § 2.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1303 - Wholesale purchaser; payment to supplier; when.

70-1303.
Wholesale purchaser; payment to supplier; when.
A purchaser of electricity at wholesale shall pay to the supplier of such electricity the entire amount of the charge for such electricity within the time set forth in the power contract between the purchaser and supplier or, if no such contract exists or no time is set forth in the contract, within thirty days after the date on which the supplier mails the billing to the purchaser.
Source
Laws 1979, LB 207, § 3.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1304 - Wholesale purchaser; billing; dispute; notice; contents.

70-1304.
Wholesale purchaser; billing; dispute; notice; contents.
If a purchaser of electricity at wholesale elects to dispute all or any portion of the wholesale electric charge established by the supplier, the purchaser shall nevertheless pay the full amount of the charge stated in the billing within the time established in section 70-1303 and shall give notice in writing to the supplier stating such election. The notice shall fully describe the basis for the dispute and set forth a detailed statement of disputed issues and the relief sought by the purchaser. Written notice of a dispute concerning a mathematical, metering, or quantity error in the billing shall be given by either party to the other within the time set forth in the power contract or, if no contract exists or no time is set forth in the contract, within sixty days after the discovery of the error.
Source
Laws 1979, LB 207, § 4.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1305 - Wholesale purchaser; dispute; supplier establish escrow account.

70-1305.
Wholesale purchaser; dispute; supplier establish escrow account.
Upon written demand by the purchaser made at the time of the notice of dispute as provided in section 70-1304, the supplier shall, each month, deposit the disputed portion of the monthly payment as specified by the purchaser, but not to exceed twenty percent of the total amount billed, into an escrow account, in a bank located within the county of the principal place of business of the supplier. Such deposits shall be made from the date of the demand until settlement of the dispute as provided by sections 70-1301 to 70-1329. The escrow funds shall be invested, to the extent possible, in securities of the United States Government and the balance in other insured interest-bearing accounts of the bank.
Source
Laws 1979, LB 207, § 5.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1306 - Unresolved dispute; submitted to arbitration; rules applicable.

70-1306.
Unresolved dispute; submitted to arbitration; rules applicable.
If the dispute remains unresolved forty-five days after the receipt by the supplier of the notice in writing of such dispute and payment of the full amount of the charge as provided in section 70-1304 has been made, the dispute shall be submitted to arbitration in accordance with sections 70-1301 to 70-1329.
Except as otherwise provided in sections 70-1301 to 70-1329, the Commercial Arbitration Rules of the American Arbitration Association, as amended and in effect March 1, 1977, shall be used to the extent that they are determined by the arbitration board to be applicable to the procedures set forth in sections 70-1301 to 70-1329. The Administrative Fee Schedule contained in such rules shall not apply.
Source
Laws 1979, LB 207, § 6.
Annotations
This section makes the Commercial Arbitration Rules of the American Arbitration Association, as amended and in effect March 1, 1977, the default procedural rules governing arbitration. City of Sidney v. Municipal Energy Agency of Neb., 301 Neb. 147, 917 N.W.2d 826 (2018).
This section provides an arbitration board with the authority to allow a party to amend its notice, substantive or not, at any time in the arbitrative proceedings. City of Sidney v. Municipal Energy Agency of Neb., 301 Neb. 147, 917 N.W.2d 826 (2018).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1307 - Arbitration board; membership.

70-1307.
Arbitration board; membership.
An arbitration board shall be formed to arbitrate the wholesale electric rate dispute in conformity with the standards set out in section 70-1302. The arbitration board shall consist of three members, one of whom shall be selected by the purchaser, one of whom shall be selected by the supplier, and a third shall be selected by the other two arbitrators.
Source
Laws 1979, LB 207, § 7.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1308 - Arbitrators; disqualifications.

70-1308.
Arbitrators; disqualifications.
The arbitrators shall not be employees, agents, or consultants of any party to the dispute and shall have no financial or personal interest in the result of the arbitration.
Source
Laws 1979, LB 207, § 8.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1309 - Arbitration board; appointed; when; manner.

70-1309.
Arbitration board; appointed; when; manner.
The arbitration board shall be appointed within ninety days after the receipt of the notice of the dispute. Each party shall notify the other in writing of the name and address of the arbitrator selected by it within sixty days after receipt of the notice of the dispute. The two arbitrators selected by the parties shall notify the parties in writing of the name and address of the third arbitrator selected by them.
Source
Laws 1979, LB 207, § 9.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1310 - Arbitration costs and expenses; how assessed.

70-1310.
Arbitration costs and expenses; how assessed.
Each of the parties to the dispute shall pay the costs and expenses of the arbitrator selected by it together with one-half of the costs and expenses of the third arbitrator and one-half of the costs and expenses of the hearing, unless the parties otherwise agree or the arbitration board, in its discretion, assesses such costs and expenses, or any part thereof, in a different manner.
Source
Laws 1979, LB 207, § 10.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1311 - Arbitration board; personnel; hire.

70-1311.
Arbitration board; personnel; hire.
The arbitration board shall hire an official stenographer to report its hearings and may hire an attorney to assist it in ruling on the admissibility of evidence offered and in the preparation of the record which will constitute the bill of exceptions in any appeal from the decision of the arbitration board and may hire such other personnel as it deems necessary to conduct the hearing.
Source
Laws 1979, LB 207, § 11.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1312 - Arbitration board; meetings; chairperson; disputed issues.

70-1312.
Arbitration board; meetings; chairperson; disputed issues.
The arbitration board shall meet within thirty days of the appointment of the third arbitrator. The third arbitrator shall be the chairperson and preside at all meetings and hearings of the arbitration board and shall provide notice to the parties at least five days before the first meeting. The parties shall meet with the arbitration board at its first meeting for the purpose of clarifying and narrowing the specific issues from those set forth in the detailed statement of disputed issues.
Source
Laws 1979, LB 207, § 12.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1313 - Failure to appoint an arbitrator; effect.

70-1313.
Failure to appoint an arbitrator; effect.
If a party to the dispute fails or refuses to appoint its arbitrator within the time established in section 70-1309, the arbitrator appointed by the other party shall, within ten days after such failure apply to the American Arbitration Association for the appointment of the second arbitrator. Within ten days after the appointment of the second arbitrator, the two arbitrators so selected shall appoint a third arbitrator.
Source
Laws 1979, LB 207, § 13.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1314 - Arbitration board; proceedings; duties.

70-1314.
Arbitration board; proceedings; duties.
The arbitration board may proceed in the absence of any party who, after due notice, fails to appear or obtain a continuance. An award shall not be made without a hearing or based solely on the default of a party. The arbitration board shall (1) consider only those matters necessary for the resolution of the disputed issues, (2) have no authority to add to, subtract from, or alter the issues except as otherwise agreed to by the parties, and (3) not alter or modify any existing contract.
Source
Laws 1979, LB 207, § 14.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1315 - Supplier; notice to other wholesale purchasers; when.

70-1315.
Supplier; notice to other wholesale purchasers; when.
The supplier shall give written notice, by certified mail, to its other purchasers at wholesale within fifteen days after receipt of the notice of the appointment of the third arbitrator.
Source
Laws 1979, LB 207, § 15.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1316 - Arbitration board; preliminary written statements; hearing; notice.

70-1316.
Arbitration board; preliminary written statements; hearing; notice.
The parties shall submit preliminary written statements to the arbitration board within sixty days after the convening of the first meeting of the arbitration board. The arbitration board shall fix the time and place for a hearing which shall commence not more than seventy-five days after the convening of the first meeting of the arbitration board. The board shall give each party written notice of the hearing by certified mail, at least ten days in advance of the hearing, unless the parties waive such notice.
Source
Laws 1979, LB 207, § 16.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1317 - Dispute; production of documents and records; depositions.

70-1317.
Dispute; production of documents and records; depositions.
At all times after receipt of the notice of the dispute, each party shall make available to the other, for inspection and copying, all documents, data, and records with respect to the dispute for the presentation of the matter to the arbitration board. If the parties fail to agree on the production of documents and records, the arbitration board shall determine the matter. The parties may also take depositions with respect to the dispute.
Source
Laws 1979, LB 207, § 17.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1318 - Arbitration board; hearing; testimony; evidence; witnesses.

70-1318.
Arbitration board; hearing; testimony; evidence; witnesses.
At the hearing the arbitration board shall hear testimony and receive evidence in person or by deposition relating to the dispute and may continue the hearing from time to time. The arbitration board shall be bound by the rules of evidence applicable in district court. The arbitration board may require a party to submit such evidence as the board may deem necessary or desirable for making its decision and the board is authorized to subpoena witnesses and documents. Opportunity shall be afforded to both parties to present evidence and cross-examine witnesses. The parties may be represented by counsel.
Source
Laws 1979, LB 207, § 18.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1319 - Arbitration board; hearing; duration.

70-1319.
Arbitration board; hearing; duration.
The arbitration board shall seek to complete its hearing on the issues submitted to it within forty-five days after the commencement of the hearing. The arbitration board may extend the time to complete the hearing beyond the forty-five-day period if the board determines that such extension is necessary.
Source
Laws 1979, LB 207, § 19.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1320 - Arbitration board; decision; findings.

70-1320.
Arbitration board; decision; findings.
The arbitration board shall render its decision within thirty days after completion of the hearing. The decision shall be in writing, be accompanied by findings of fact, and be signed by the arbitrators supporting the decision. The findings of fact shall consist of a concise statement of the conclusions upon each contested issue of fact. The decision of a majority of the arbitrators shall be the decision of the arbitration board.
Source
Laws 1979, LB 207, § 20.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1321 - Arbitration board; decision; findings; provided to parties; filed with Nebraska Power Review Board.

70-1321.
Arbitration board; decision; findings; provided to parties; filed with Nebraska Power Review Board.
A copy of the decision and accompanying findings and conclusions shall be mailed to each party and its attorney of record by certified mail. The arbitration board shall file its decision, together with all pleadings and exhibits filed with the arbitration board, with the secretary of the Nebraska Power Review Board within five days of the date of the decision.
Source
Laws 1979, LB 207, § 21.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1322 - Escrow account; distribution.

70-1322.
Escrow account; distribution.
Within thirty days after the decision of the arbitration board, the funds and investments in the escrow account established pursuant to section 70-1305, together with the interest thereon, shall be distributed or apportioned in accordance with the decision of the arbitration board.
Source
Laws 1979, LB 207, § 22.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1323 - Escrow account; deficiency; effect; interest.

70-1323.
Escrow account; deficiency; effect; interest.
In the event that the escrow and interest thereon are insufficient to satisfy the provisions of the arbitration board's decision, the party liable for such deficiency shall take all actions necessary to obtain such funds and make payment thereof, including interest, within thirty days from the date of the decision. Interest shall be at the rate set forth in the contract between the parties or in the absence of a contract or if no rate of interest is set forth in the contract, at the average rate of interest earned by the escrow account established pursuant to section 70-1305.
Source
Laws 1979, LB 207, § 23.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1324 - Arbitration; time limits; extension.

70-1324.
Arbitration; time limits; extension.
Except as otherwise provided in section 70-1326, the parties may, by mutual written agreement filed with the arbitration board, extend any of the time limits prescribed in sections 70-1301 to 70-1329.
Source
Laws 1979, LB 207, § 24.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1325 - Arbitration board; final decision; appeal.

70-1325.
Arbitration board; final decision; appeal.
The final decision of the arbitration board shall be binding upon the parties. If a party to any arbitration proceeding is not satisfied with the decision entered by the arbitration board, such party may appeal as provided in section 70-1326 to reverse, vacate, or modify the decision, and such decision shall be in abeyance until the appellate court has issued its opinion.
Source
Laws 1979, LB 207, § 25;
Laws 1991, LB 732, § 124.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1326 - Arbitration board; decision; reversal, modification, or vacation; procedure.

70-1326.
Arbitration board; decision; reversal, modification, or vacation; procedure.
The procedure to obtain reversal, modification, or vacation of a decision rendered by the arbitration board shall be (1) by filing notice of appeal with the Nebraska Power Review Board within thirty days after the date of the filing of the decision with the Nebraska Power Review Board as provided in section 70-1321 or (2) by filing with the arbitration board and with the Nebraska Power Review Board a motion for rehearing within ten days after the filing of the decision with the Nebraska Power Review Board as provided in section 70-1321. If the arbitration board denies the motion for rehearing, a notice of appeal must be filed with the arbitration board and with the Nebraska Power Review Board within thirty days after the date of the filing by the arbitration board with the Nebraska Power Review Board of the decision denying the motion to the party appealing, except that when the arbitration board fails to file a decision on the motion for rehearing within thirty days after such motion is filed, the appeal to the Court of Appeals may be perfected by filing a notice of appeal before the arbitration board files a decision on the motion for rehearing and the review shall be the same as if the board had denied the motion for rehearing. Oral arguments on a motion for rehearing shall be granted when requested. An appeal shall be deemed perfected and the appellate court shall have jurisdiction of the cause when a notice of an appeal has been filed with the Nebraska Power Review Board and appeal has been taken in the manner provided by law for appeals from the district court in civil cases.
Source
Laws 1979, LB 207, § 26;
Laws 1991, LB 732, § 125;
Laws 1992, LB 360, § 31.