reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1618 - Council; members; appointment; terms.

66-1618.
Council; members; appointment; terms.
(1) The council shall be appointed by the Governor within sixty days after the date the vote is certified to the Governor pursuant to section 66-1617. The council shall consist of nine members, including four members representing retail marketers, one member representing wholesalers, suppliers, and importers, one member representing manufacturers and distributors of liquefied petroleum gas equipment, one member representing the academic or propane research community, one propane user or consumer, and the State Fire Marshal or his or her designee. Other than the State Fire Marshal or his or her designee and the representatives of the research community and consumers, members shall be full-time employees or owners of businesses in the industry or representatives of agriculture cooperatives. Only one person from any company or an affiliated company may serve on the council at a time. All members shall be Nebraska residents, except that the members representing wholesalers, suppliers, and importers and manufacturers and distributors of liquefied petroleum gas equipment may be residents of other states.
(2) Members of the council shall serve terms of three years, except that, of the initial members, three shall be appointed for terms of one year and three shall be appointed for terms of two years. Members filling unexpired terms shall be appointed in a manner consistent with this section. Members may serve a maximum of two consecutive full terms, except that members filling unexpired terms may serve a maximum of seven consecutive years. Members filling unexpired terms shall be appointed in a manner consistent with this section. Former members may be reappointed if they have not been members for a period of two years.
Source
Laws 1998, LB 699, § 18;
Laws 2008, LB805, § 1.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1619 - Council; powers and duties; rules and regulations.

66-1619.
Council; powers and duties; rules and regulations.
(1) The council shall provide rules and regulations to carry out its responsibilities under the Propane Education and Research Act.
(2) The council may enter into contracts with, use facilities and equipment of, or employ the personnel of a qualified industry organization in carrying out the council's responsibilities under the act.
(3) The council shall protect the handling of council funds through fidelity bonds.
(4) The administrative costs of operating the council shall not exceed twenty percent of the funds collected pursuant to section 66-1621 in any fiscal year.
(5) The council shall operate in accordance with the Open Meetings Act.
(6) At the beginning of each fiscal year, the council shall prepare a budget plan which includes the estimated costs of all programs, projects, and contracts. The council shall provide an opportunity for public comment on the budget. The council shall prepare and make available to the public an annual report detailing the activities of the council in the previous year, those planned for the coming year, and the costs related to the activities.
(7) The council shall keep minutes, books, and records that clearly reflect all of the acts and transactions of the council. The books of the council shall be audited by a certified public accountant at least once each fiscal year and at such other times as the council may designate. Copies of the audit shall be provided to the executive director, if one is appointed by the council, to all members of the council, to the Clerk of the Legislature, and to any other member of the industry upon request.
(8) The council shall issue notice of meetings and shall require reports on the activities of the committees and subcommittees and on compliance, violations, and complaints regarding the implementation of the Propane Education and Research Act.
Source
Laws 1998, LB 699, § 19;
Laws 2004, LB 821, § 15.
Cross References
Open Meetings Act, see section 84-1407.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1620 - Council; implement act; use of funds.

66-1620.
Council; implement act; use of funds.
The council shall develop programs and projects and enter into contracts or agreements for implementing the Propane Education and Research Act, including, but not limited to, programs to enhance consumer and employee safety and training, programs to provide research and development to improve existing propane technology, programs to increase efficiency of propane use, and any other programs to educate the public about the environmental and safety aspects of propane. At least seventy percent of the funds collected pursuant to section 66-1621 shall be used for education or for improvement of propane utilization safety equipment technology. No funds shall be used for the sole purpose of advertising propane or propane utilization equipment. Safety issues shall receive first priority in the development of all programs and projects funded by the council. The council shall provide for the payment of the costs for the programs and projects with funds collected pursuant to such section and shall coordinate its activities with qualified industry organizations to provide efficient delivery of services and to avoid unnecessary costs or duplication of activities.
Source
Laws 1998, LB 699, § 20.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1621 - Propane education and research fee; collection and use.

66-1621.
Propane education and research fee; collection and use.
(1) The council may levy a propane education and research fee on odorized propane sold in Nebraska to fund the Propane Education and Research Act. The fee shall not exceed two-tenths of one cent per gallon. The fee shall be calculated by multiplying the fee rate by the number of net gallons of odorized propane on a bill of lading, an invoice, or a shipping document of the wholesaler, supplier, or importer who first sells or offers for sale odorized propane or uses odorized propane in this state, who shall pay the fee. If the quantity specified in the bill of lading, invoice, or shipping document is listed in units other than gallons, the wholesaler, supplier, or importer shall convert those units to gallons, using conversion tables approved by the council, prior to remitting the fee to the council.
Fee payments shall be remitted to the council on a regular basis as established by the council. Nonodorized propane shall not be subject to the fee until odorized. The council may establish a late payment charge and provide for interest, at a rate equal to the maximum rate of interest allowed per annum under section 45-104.01 as such rate may from time to time be adjusted by the Legislature, to be imposed on any person who fails to remit any amount due under the act.
(2) Any funds which are due to the State of Nebraska and collected from a national assessment levied on propane shall be designated and accrue to the benefit of the council and shall be spent in accordance with the federal Propane Education and Research Act of 1996.
(3) Funds collected by the council shall not be used in any manner for influencing legislation or for political campaign contributions.
Source
Laws 1998, LB 699, § 21.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1622 - Act; how construed.

66-1622.
Act; how construed.
The Propane Education and Research Act does not preempt or supersede any other program relating to propane safety or education which has been organized and is operating under state law.
Source
Laws 1998, LB 699, § 22.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1623 - Retail marketers; liability insurance; employees; training requirements; violation; penalty.

66-1623.
Retail marketers; liability insurance; employees; training requirements; violation; penalty.
All retail marketers of retail propane in Nebraska shall carry minimum liability insurance coverage of at least two million dollars, with proof of insurance provided to the State Fire Marshal. All persons employed in the installation or service of any propane system shall fully comply with training requirements provided in applicable sections governing the sale of propane as set forth by the National Fire Protection Association. Applicable requirements for guidelines as set forth by the National Fire Protection Association shall be enforced by the office of the State Fire Marshal.
Violation of this section shall subject the violator to a civil penalty of not less than one hundred dollars per day and not more than one thousand dollars per day. In case of a continuing violation, each day constitutes a separate offense. The amount of the penalty shall be based on the degree and extent of the violation. The Attorney General or each county attorney to whom the State Fire Marshal reports a violation shall institute appropriate proceedings without delay to assure compliance with this section.
Source
Laws 1998, LB 699, § 23.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1624 - Council; suspension or termination; referendum.

66-1624.
Council; suspension or termination; referendum.
(1) The council may on its own initiative and shall upon the petition of retail marketers representing at least thirty-five percent, as determined by the council, of the total volume of odorized propane sold at retail in the State of Nebraska hold a referendum to be conducted by an independent accounting firm selected by the council to determine whether the council should be suspended or terminated. The council shall pay the costs of the referendum under this section.
(2) The council shall be suspended or terminated if suspension or termination is approved by retail marketers representing more than fifty percent, as determined by the council, of the total volume of odorized propane sold at retail in the State of Nebraska.
Source
Laws 1998, LB 699, § 24.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1625 - Price of propane; legislative intent.

66-1625.
Price of propane; legislative intent.
It is the intent of the Legislature that the price of propane shall always be determined by market forces. The council shall take no action to interfere in any manner with the free market process.
Source
Laws 1998, LB 699, § 25.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1626 - Collection of fees.

66-1626.
Collection of fees.
Any person who unreasonably fails or refuses to pay any fee due under the Propane Education and Research Act may be subject to legal action by the council to recover the fees due, plus interest and costs.
Source
Laws 1998, LB 699, § 26.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1627 - Venue.

66-1627.
Venue.
The district court or county court of the county in which the violation occurs or in which the person required to pay the fee under section 66-1621 resides shall have jurisdiction to enjoin violations of the Propane Education and Research Act or the rules and regulations provided for under the act, as well as jurisdiction for civil actions to recover fees due, plus interest and costs. If neither of the jurisdictional considerations in this section applies, the district court of Lancaster County shall have jurisdiction.
Source
Laws 1998, LB 699, § 27.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1801 - Act, how cited.

66-1801.
Act, how cited.
Sections 66-1801 to 66-1868 shall be known and may be cited as the State Natural Gas Regulation Act.
Source
Laws 2003, LB 790, § 1;
Laws 2006, LB 1249, § 2;
Laws 2009, LB658, § 1;
Laws 2012, LB1115, § 9.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1803 - Exemptions from act; conditions; action to determine.

66-1803.
Exemptions from act; conditions; action to determine.
(1) A natural gas public utility shall not be subject to the jurisdiction of the commission or the requirements of the State Natural Gas Regulation Act if (a) it distributes, sells, or transports natural gas or provides natural gas services to persons receiving services through fewer than seven thousand five hundred meters in the state, (b) it has entered into an agreement with a city in which it distributes, sells, or transports natural gas or provides natural gas services that establishes the terms and conditions of the service and the rates to be paid and such agreement is authorized by an ordinance in effect at the time of the distribution, sale, or transportation of natural gas or provision of natural gas services, and (c) the terms and conditions of such agreement are applicable to customers, if any, served by the natural gas public utility outside the jurisdiction of the city.
(2) Any ratepayer or city served by a natural gas public utility pursuant to subsection (1) of this section, the commission, the public advocate, or the natural gas public utility providing service pursuant to subsection (1) of this section may pursue an action in the district court of the county in which such utility operates for a determination as to whether or not such utility is subject to the jurisdiction of the commission and the requirements of the act by reason of the failure to meet one or more of the qualifying factors set out in subsection (1) of this section.
Source
Laws 2003, LB 790, § 3.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1804 - Commission; powers; act, how construed.

66-1804.
Commission; powers; act, how construed.
(1) The commission shall have full power, authority, and jurisdiction to regulate natural gas public utilities and may do all things necessary and convenient for the exercise of such power, authority, and jurisdiction. Except as provided in the Nebraska Natural Gas Pipeline Safety Act of 1969, and notwithstanding any other provision of law, such power, authority, and jurisdiction shall extend to, but not be limited to, all matters encompassed within the State Natural Gas Regulation Act.
(2) The State Natural Gas Regulation Act and all grants of power, authority, and jurisdiction in the act made to the commission shall be liberally construed, and all incidental powers necessary to carry into effect the provisions of the act are expressly granted to and conferred upon the commission.
Source
Laws 2003, LB 790, § 4;
Laws 2006, LB 1249, § 3.
Cross References
Nebraska Natural Gas Pipeline Safety Act of 1969, see section 81-552.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1805 - Rules and regulations; commission; additional powers; Attorney General; duties.

66-1805.
Rules and regulations; commission; additional powers; Attorney General; duties.
(1) The commission may adopt and promulgate rules and regulations to govern its proceedings and with regard to the mode and manner of all investigations, tests, audits, inspections, filings, and hearings. The commission may adopt and promulgate rules and regulations governing matters in the State Natural Gas Regulation Act and in furtherance of the act, including, but not limited to:
(a) Procedures and requirements for applications for rate and tariff changes;
(b) Requirements for jurisdictional utilities to maintain and make available to the public and the commission records and information;
(c) Requirements and procedures regarding customer billings and meter readings;
(d) Requirements regarding availability of meter tests;
(e) Requirements regarding billing adjustments for meter errors;
(f) Procedures and requirements for handling customer disputes and complaints;
(g) Procedures and requirements regarding temporary service, changes in location of service, and service interruptions;
(h) Standards and procedures to ensure nondiscriminatory credit policies;
(i) Procedures, requirements, and record-keeping guidelines regarding deposit policies;
(j) Procedures, requirements, and record-keeping guidelines regarding customer refunds;
(k) Policies for refusal of natural gas service;
(l) Policies for disconnection and transfer of natural gas service;
(m) Customer payment plans for delinquent bills;
(n) Requirements regarding advertising;
(o) The assessment and taxation of costs and fees;
(p) Procedures, requirements, and policies regarding the preservation, confidentiality, and disclosure of records in the possession of the commission; and
(q) Reporting requirements for transactions involving affiliated interests of jurisdictional utilities.
(2) The commission may:
(a) Confer with officers of other states and officers of the United States on any matter pertaining to the commission's official duties;
(b) Enter into and establish fair and equitable cooperative agreements or contracts with or act as an agent or licensee for the United States, or any official, agency, or instrumentality thereof, or any similar commission of another state, for the purpose of carrying out the commission's duties and to that end receive and disburse any contributions, grants, or other financial assistance as a result of or pursuant to such agreements or contracts; and
(c) Make joint investigations, hold joint hearings within or outside the state, and issue joint or concurrent orders in conjunction or concurrence with such official, agency, instrumentality, or commission.
(3) The Attorney General, when requested, shall give the commission such counsel and advice as the commission may from time to time require. The Attorney General shall aid and assist the commission in all judicial hearings, suits, and proceedings in which the commission requests the Attorney General's assistance.
Source
Laws 2003, LB 790, § 5.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1806 - Jurisdictional utilities; filings required.

66-1806.
Jurisdictional utilities; filings required.
Every jurisdictional utility shall publish and file with the commission copies of all schedules of rates and shall furnish the commission copies of all terms and conditions of service and contracts between jurisdictional utilities pertaining to any and all jurisdictional services to be rendered by such jurisdictional utilities. The commission may adopt and promulgate reasonable rules and regulations regarding the form and filing of all schedules of rates and all rules and regulations of such jurisdictional utility, including such protection of confidentiality as requested by the jurisdictional utility, and the jurisdictional utility's suppliers and ratepayers, for contracts entered into by them, and as the commission determines reasonable and appropriate.
Source
Laws 2003, LB 790, § 6.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1807 - Commission; powers; how construed.

66-1807.
Commission; powers; how construed.
Except as otherwise provided in the State Natural Gas Regulation Act, all orders, rules, regulations, practices, services, rates, charges, classifications, and tolls fixed by the commission shall be prima facie reasonable unless or until changed or modified by the commission or in pursuance of proceedings instituted in court as provided in the act.
Source
Laws 2003, LB 790, § 7.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1809 - Commission; investigations authorized; hearing; powers.

66-1809.
Commission; investigations authorized; hearing; powers.
(1) The commission, upon its own initiative, may investigate all schedules of rates, contracts, and terms and conditions of service of jurisdictional utilities. If after notice, investigation, and hearing the commission finds that such rates or terms and conditions of service are unjust, unreasonable, unjustly discriminatory, or unduly preferential, the commission shall have the power to establish and order substituted therefor such rates and such terms and conditions of service as are just and reasonable, effective as of the date of the order.
(2) If after investigation and hearing it is found that any term or condition of service, measurement, practice, act, or service complained of is unjust, unreasonable, unduly preferential, unjustly discriminatory, or otherwise in violation of the State Natural Gas Regulation Act or of the orders of the commission or if it is found that any service is inadequate or that any reasonable service cannot be obtained, the commission may substitute therefor, effective as of the date of the order, such other terms or conditions of service, measurements, practices, acts, or service and make such order respecting any such changes in such terms and conditions of service, measurements, practices, acts, or service as are just and reasonable. When, in the judgment of the commission, public necessity and convenience require, the commission may establish just and reasonable rates, charges, or privileges, but all such rates, charges, and privileges shall be open to all users of a like kind of service under similar circumstances and conditions. Hearings shall be conducted in accordance with rules and regulations adopted and promulgated pursuant to section 75-110.
Source
Laws 2003, LB 790, § 9.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1810 - Service to high-volume ratepayers, agricultural ratepayers, and interruptible ratepayers; jurisdictional utility; powers.

66-1810.
Service to high-volume ratepayers, agricultural ratepayers, and interruptible ratepayers; jurisdictional utility; powers.
(1) A jurisdictional utility may provide service at negotiated rates, contracts, and terms and conditions of service under contract to high-volume ratepayers. Service under the contracts shall be provided on such terms and conditions and for such rates or charges as the jurisdictional utility and the high-volume ratepayer agree, without regard to any rates, tolls, tariffs, or charges the jurisdictional utility may have filed with the commission. Upon the request of the commission, the jurisdictional utility shall file such contracts with the commission. The contracts are not public records within the meaning of sections 84-712 to 84-712.09 and their disclosure to any other person or corporation for any purpose is expressly prohibited, except that they may be used by the commission in any investigation or proceeding. Except as provided in this subsection, high-volume ratepayers shall not be subject to the jurisdiction of the commission.
(2) A jurisdictional utility may change any rate or other charge demanded or received from or terms and conditions applicable to its agricultural ratepayers and interruptible ratepayers not otherwise qualifying as high-volume ratepayers, upon notice to the commission and to the public. The commission may not suspend such rate or charge filed by a jurisdictional utility, except that the commission, after hearing and order, may change any such rate or other charge demanded or received from a jurisdictional utility's agricultural ratepayers upon complaint effective as of the date of the order, if such rate or other charge is found in such complaint proceeding to be unduly preferential or unjustly discriminatory. The provisions of this subsection apply notwithstanding any provision in the State Natural Gas Regulation Act to the contrary.
Source
Laws 2003, LB 790, § 10.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1811 - Complaint; investigation; hearing; where held; commission; powers.

66-1811.
Complaint; investigation; hearing; where held; commission; powers.
(1) Upon a complaint in writing made against any jurisdictional utility (a) that any rates or terms and conditions of service of such utility are in any respect unreasonable, unjust, unjustly discriminatory, or unduly preferential, (b) that any terms and conditions of service or act whatsoever affecting or relating to any service performed or to be performed by such utility for the public, is in any respect unreasonable, unjust, unjustly discriminatory, or unduly preferential, or (c) that any service performed or to be performed by such utility for the public is inadequate, insufficient, or cannot be obtained, the commission may proceed, with or without notice, to make such investigation as it deems necessary.
(2) No order changing such rates, terms and conditions, or acts complained of shall be made or entered by the commission without a formal public hearing in accordance with rules and regulations adopted and promulgated pursuant to section 75-110, of which due notice shall be given by the commission to such utility or to such complainant or complainants, if any.
(3) The commission shall have power to require jurisdictional utilities to make such improvements and do such acts as are or may be required by law to be done by any such utility, including refunds as authorized by law.
(4) The commission may hold public hearings in the area being impacted by any rate investigation or rate increase being considered by the commission to hear public comments.
(5) If after investigation and hearing the rates or terms and conditions of service of any jurisdictional utility are found unjust, unreasonable, unjustly discriminatory, or unduly preferential, or in any way in violation of the provisions of the State Natural Gas Regulation Act or of any of the laws of the State of Nebraska, the commission shall have the power to establish, and to order substituted therefor, to be effective as of the date of the order, such rates or terms and conditions of service as the commission determines to be just, reasonable, and necessary. If it is found that any term or condition of service, practice, or act relating to any service performed or to be performed by such utility is in any respect unreasonable, unjust, insufficient, unjustly discriminatory, or unduly preferential, or otherwise in violation of any of the provisions of the act or of any of the laws of the State of Nebraska, the commission may substitute therefor by order such other terms and conditions of service, practice, service, or act as it determines to be just, reasonable, and necessary, to be effective as of the date of the order.
Source
Laws 2003, LB 790, § 11.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1812 - Rate proceeding; intervention by county or city.

66-1812.
Rate proceeding; intervention by county or city.
On timely filing of a petition for intervention, any county or city may intervene, on behalf of ratepayers located within their respective boundaries, in any rate proceeding before the commission that involves the rates of a jurisdictional utility serving ratepayers located within their respective boundaries.
Source
Laws 2003, LB 790, § 12.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1813 - Proceedings for review; parties; rights and privileges.

66-1813.
Proceedings for review; parties; rights and privileges.
In proceedings for review of an action of the commission, the commission and any jurisdictional utility which participated in the agency proceeding and could be bound by the review shall be parties to the proceedings and shall have all rights and privileges granted by the State Natural Gas Regulation Act to any other party to such proceedings.
Source
Laws 2003, LB 790, § 13.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1815 - Jurisdictional utility; reports; failure to file; penalty.

66-1815.
Jurisdictional utility; reports; failure to file; penalty.
(1) Every jurisdictional utility shall file with the commission an annual report and such monthly or other regular reports, or special reports, and such other information as the commission may require.
(2) Any jurisdictional utility which fails, neglects, or refuses to file with the commission any annual reports, statements, monthly or regular reports, or special reports required by the commission pursuant to the State Natural Gas Regulation Act or rules and regulations of the commission shall be subject to a civil penalty of not more than five hundred dollars.
Source
Laws 2003, LB 790, § 15.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1816 - Jurisdictional utility; ownership of competitor; prohibited; when.

66-1816.
Jurisdictional utility; ownership of competitor; prohibited; when.
No jurisdictional utility shall purchase or acquire, take, or hold any part of the voting stock, bonds, or other forms of indebtedness of any competing jurisdictional utility, either as owner or pledgee, unless authorized by the commission.
Source
Laws 2003, LB 790, § 16.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1817 - Completion and dedication of property.

66-1817.
Completion and dedication of property.
(1) Any jurisdictional utility property may be deemed to be completed and dedicated to commercial service if construction of the property will be commenced and completed in one year or less.
(2) The commission may determine that property of a jurisdictional utility which has not been completed and dedicated to commercial service may be deemed to be used and useful in the utility's service to the public.
Source
Laws 2003, LB 790, § 17.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1818 - Commission; examinations and audits; authorized.

66-1818.
Commission; examinations and audits; authorized.
The commission shall have authority to examine and audit all accounts of jurisdictional utilities, and all items shall be allocated to the accounts prescribed by the commission. Every jurisdictional utility shall be required to keep and render its books, accounts, papers, and records accurately and truthfully in accordance with the system of accounts prescribed by the Federal Energy Regulatory Commission. All accounting information provided by jurisdictional utilities regarding Nebraska jurisdictional operations shall be presented in accordance with the system of accounts prescribed by the Federal Energy Regulatory Commission. The agents, accountants, or examiners hired or contracted by the Public Service Commission shall have authority under the direction of the commission to inspect and examine any and all relevant books, accounts, papers, records, property, and memoranda kept by such utilities.
Source
Laws 2003, LB 790, § 18.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1819 - Nonregulated private enterprise; how treated.

66-1819.
Nonregulated private enterprise; how treated.
(1) For purposes of this section, nonregulated private enterprise means: (a) The business of selling or otherwise providing any gas or electric household appliance; (b) the business of installing any gas or electric household appliance; or (c) the business of servicing any gas or electric household appliance under a contract providing for maintenance or repair of such appliance for a period of time specified by the contract.
(2) Each jurisdictional utility shall maintain, in accordance with generally accepted accounting principles, separate accounts for all nonregulated private enterprise engaged in by such utility. The accounting shall include both costs and revenue associated with such enterprise. Costs to be allocated to such separate accounts shall include materials, labor, insurance, transportation, and all other direct and indirect costs of engaging in the nonregulated private enterprise. Costs or revenue required to be allocated to such separate accounts shall not be included in any rate, toll, or charge for any utility service of the utility.
(3) Except as provided in subsection (4) of this section, the commission may at any time examine and audit the books, accounts, papers, records, and memoranda kept by a natural gas public utility in order to determine compliance with this section.
(4) No audit shall be conducted pursuant to this section more often than once every two years, but nothing in this subsection shall be construed to limit the authority of the commission pursuant to other provisions of the State Natural Gas Regulation Act to examine and audit, for any purpose, the books, accounts, papers, records, and memoranda kept by a natural gas public utility.
Source
Laws 2003, LB 790, § 19.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1820 - Franchise ordinances; requirements.

66-1820.
Franchise ordinances; requirements.
No franchise ordinance involving a jurisdictional utility adopted on or after May 31, 2003, shall include provisions contrary to or inconsistent with the State Natural Gas Regulation Act. A city shall file with the commission copies of any such franchise ordinance adopted on or after May 31, 2003, within thirty days of its passage.
Source
Laws 2003, LB 790, § 20.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1821 - Franchise or certificate of convenience; restrictions.

66-1821.
Franchise or certificate of convenience; restrictions.
No franchise or certificate of convenience granted to a jurisdictional utility shall be assigned, transferred, or leased unless the assignment, transfer, or lease has been approved by the commission as being consistent with the public interest.
Source
Laws 2003, LB 790, § 21.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1822 - Prohibited acts; penalty.

66-1822.
Prohibited acts; penalty.
Any person who knowingly makes any false entry in the accounts, books of account, records, or memoranda kept by any jurisdictional utility, who knowingly destroys, mutilates, alters, or by any other means or device falsifies the record of any such account, book of accounts, record, or memorandum, who knowingly neglects or fails to make full, true, and correct entries in such account, book of accounts, record, or memorandum of all facts and transactions pertaining to such utility, or who knowingly makes any false statement required to be made to the commission, shall be guilty of a Class IV felony.
Source
Laws 2003, LB 790, § 22.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1823 - Criminal and civil proceedings to compel compliance.

66-1823.
Criminal and civil proceedings to compel compliance.
The commission may compel compliance with the State Natural Gas Regulation Act and compel compliance with the orders of the commission by proceeding in mandamus, injunction, or other appropriate civil remedies or by appropriate criminal proceedings in any court of competent jurisdiction.
Source
Laws 2003, LB 790, § 23.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1824 - Federal actions; commission; powers.

66-1824.
Federal actions; commission; powers.
(1) The commission shall have power to intervene in any case pending before the relevant federal agency in which interstate rates, service, or safety issues affecting the interest of Nebraska residents, ratepayers, or natural gas public utilities are involved, and the commission is hereby empowered and authorized to pay all expenses of investigation and prosecution of litigation instituted under this section.
(2) If any interstate rate, toll, charge, term or condition of service, classification, or schedule of rates or tolls is found to be unjust, unreasonable, excessive, unjustly discriminatory, unduly preferential, in violation of interstate commerce law, or in conflict with the rules, regulations, or orders of a federal agency, the commission may apply by petition or other proper method to the relevant federal agency for relief.
Source
Laws 2003, LB 790, § 24.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1826 - Payment of dividends; limitation.

66-1826.
Payment of dividends; limitation.
If the commission determines on complaint or upon its own initiative, and after hearing on due notice in accordance with rules and regulations adopted and promulgated pursuant to section 75-110, that the payment of any dividend by a jurisdictional utility will impair the financial condition of such company so that such utility cannot maintain its property in a safe operating condition and render adequate service to its ratepayers, the commission shall enter an order prohibiting the payment of such dividends until such time as such company has shown to the commission that the conditions upon which such order was based have ceased to exist.
Source
Laws 2003, LB 790, § 26.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1827 - Encumbrance of property; limitation.

66-1827.
Encumbrance of property; limitation.
(1) A jurisdictional utility shall not subject property used in its intrastate natural gas utility business in this state to an encumbrance for the purpose of securing the payment of any new indebtedness or replacement indebtedness in an amount exceeding one hundred million dollars attributable to this state unless first approved by the commission. Approval or disapproval by the commission shall be by formal written order, which shall be issued within forty-five days of the filing of the application.
(2) Upon the application of a jurisdictional utility for approval of and prior to the encumbrances, the commission may make such inquiry or investigation, hold such hearings, and examine such witnesses, books, papers, documents, or contracts as in its discretion it may deem necessary. If the commission finds that the proposed financing is reasonable and proper and in the public interest and will not be detrimental to the interests of the ratepayers affected thereby, the commission shall by written order grant its permission for the proposed financing.
Source
Laws 2003, LB 790, § 27.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1828 - Reorganization or change of control; approval required.

66-1828.
Reorganization or change of control; approval required.
(1) No reorganization or change of control of a jurisdictional utility shall take place without prior approval by the commission. The commission shall not approve any proposed reorganization or change of control if the commission finds, after public notice and public hearing, that the reorganization or change of control will adversely affect the utility's ability to serve its ratepayers.
(2) For purposes of this section, reorganization or change of control means any transaction which, regardless of the means by which it is accomplished, results in a change in the ownership of a majority of the voting capital stock of a jurisdictional utility and does not include a mortgage or pledge transaction entered into to secure a bona fide borrowing by the party granting the mortgage or making the pledge.
Source
Laws 2003, LB 790, § 28.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1829 - Disclosure of information; limitations.

66-1829.
Disclosure of information; limitations.
(1) The commission shall not disclose to or allow inspection by anyone, including, but not limited to, parties to a regulatory proceeding before the commission, any information of a jurisdictional utility that qualifies as a record which may be withheld from the public upon request of the party submitting such record if the information qualifies under subdivision (3) of section 84-712.05, unless the commission finds that disclosure is warranted after consideration of the following factors:
(a) Whether disclosure will significantly aid the commission in fulfilling its functions;
(b) The harm or benefit which disclosure will cause to the public interest;
(c) The harm which disclosure will cause to the utility; and
(d) Alternatives to disclosure that will serve the public interest and protect the utility.
(2) If the commission finds that disclosure is warranted pursuant to subsection (1) of this section, the commission shall give the utility notice before disclosing such information.
Source
Laws 2003, LB 790, § 29.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1830 - Office of public advocate; created; duties; appointment; qualifications.

66-1830.
Office of public advocate; created; duties; appointment; qualifications.
(1) The office of public advocate is created as a separate and independent division within the commission. The public advocate shall represent the interests of Nebraska citizens and all classes of jurisdictional utility ratepayers, other than high-volume ratepayers, in matters involving jurisdictional utilities and shall act as trial staff before the commission. In the exercise of his or her powers, the public advocate shall consider all relevant factors, including, but not limited to, the provision of safe, efficient, and reliable utility services at just and reasonable rates.
(2) Notwithstanding the provisions of section 75-105, the executive director of the commission, upon consultation with the members of the commission, shall appoint the public advocate. The public advocate shall serve a four-year term and shall be removed only for good cause. The executive director shall be responsible for reviewing the performance of the public advocate, for removing the public advocate in accordance with law, and for filling any vacancy in that position in the same manner as the original appointment.
(3) The public advocate shall be an attorney and shall have experience in consumer-related utility issues or in the operation, management, or regulation of utilities. No person owning stocks or bonds in a corporation subject in whole or in part to regulation by the commission or who has any pecuniary interest in such corporation shall be appointed as public advocate.
Source
Laws 2003, LB 790, § 30.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1831 - Public advocate; powers.

66-1831.
Public advocate; powers.
(1) The public advocate shall have the power to:
(a) Investigate the legality and reasonableness of rates, charges, and practices of jurisdictional utilities except for tariffs subject to section 66-1868;
(b) Petition for relief, request, initiate, and intervene in any proceeding before the commission concerning such utilities except for tariffs subject to section 66-1868;
(c) Represent and appear for ratepayers and the public in proceedings before the commission and in any negotiations or other measures to resolve disputes that give rise to such proceedings except for tariffs subject to section 66-1868;
(d) Represent and appear for ratepayers and the public in any negotiations or other measures to resolve disputes that give rise to proceedings before the commission and make and seek approval of agreements to settle such disputes except for tariffs subject to section 66-1868; and
(e) Make motions for rehearing or reconsideration, appeal, or seek judicial review of any order or decision of the commission regarding jurisdictional utilities except for tariffs subject to section 66-1868.
(2) The public advocate shall not advocate for or on behalf of any single individual, organization, or entity.
(3) The public advocate may enter into stipulations with other parties in any proceeding to balance the interests of those it represents with the interests of the jurisdictional utilities as a means of improving the quality of resulting decisions in a highly technical environment and minimizing the cost of regulation.
Source
Laws 2003, LB 790, § 31;
Laws 2012, LB1115, § 12.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1832 - Office of public advocate; administration.

66-1832.
Office of public advocate; administration.
The office of the public advocate shall be located at the same location as the commission but shall be kept separate from the commission's other offices as provided by rules and regulations adopted and promulgated by the commission. The public advocate may hire or contract with attorneys, legal assistants, experts, consultants, secretaries, clerks, and such other staff necessary for the full and efficient discharge of the duties of the office as permitted by the budget of the public advocate as approved by the commission. The public advocate shall employ and supervise personnel as authorized by the budget approved by the commission. The employees of the public advocate shall not be supervised or directed by the commission. Funding for the office of public advocate shall be approved by the commission and collected through the assessment process as provided for in sections 66-1840 and 66-1841. The commission shall decide all matters of shared administrative and clerical personnel.
Source
Laws 2003, LB 790, § 32.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1833 - Public advocate; access to information; limitations.

66-1833.
Public advocate; access to information; limitations.
The public advocate and his or her employees or agents shall have free access to all files, records, and documents of the commission except:
(1) Personal information in confidential personnel records;
(2) Records which represent the work product of legal counsel of the commission, and records of confidential or privileged communications between the members of the commission and its legal counsel, when the records relate to a proceeding before the commission in which the public advocate is, or is appearing for, a party; and
(3) Records that are designated as confidential pursuant to commission rules and regulations, except as permitted by a nondisclosure agreement between a specified representative of the public advocate and the commission and the person who claims the records at issue are confidential.
Source
Laws 2003, LB 790, § 33.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1835 - Public advocate; ex parte communications.

66-1835.
Public advocate; ex parte communications.
In any proceeding before the commission in which the public advocate is a party or is appearing for a party, the public advocate shall be considered a party for purposes of the restrictions on ex parte communications set forth in sections 75-130.01 and 84-914.
Source
Laws 2003, LB 790, § 35.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1836 - Investigations; powers.

66-1836.
Investigations; powers.
The commission is hereby authorized to designate or appoint, from among its employees, examiners and referees to make investigations that are required of the commission by law. Such investigations shall be made and conducted as and in the manner and at the place directed by the commission. The examiners and referees shall report their findings and recommendations to the commission.
Source
Laws 2003, LB 790, § 36.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1837 - Commission; contract for services.

66-1837.
Commission; contract for services.
(1) The commission is hereby authorized to contract for professional services and expert assistance, including, but not limited to, the services of engineers, accountants, attorneys, and economists, to assist in investigations and appraisals.
(2) Such contracts shall be negotiated by the chairperson of the commission, the executive director, or the designee of the executive director. The commission shall consider all proposals by persons applying to perform such contracts and shall award the contracts.
Source
Laws 2003, LB 790, § 37.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1842 - Public Service Commission Regulation Fund; created; use; investment.

66-1842.
Public Service Commission Regulation Fund; created; use; investment.
The Public Service Commission Regulation Fund is created. Transfers may be made from the Public Service Commission Regulation Fund to the General Fund at the direction of the Legislature. The commission shall remit all money received by or for it in payment of the fees or assessments imposed by the State Natural Gas Regulation Act to the State Treasurer for credit to the fund. Any money in the 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 2003, LB 790, § 42.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.