reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-714 - Meetings; notice; waiver.

70-714.
Meetings; notice; waiver.
Written or printed notice stating the place, day and hour of the meeting of members and, in the case of a special meeting, the purpose or purposes for which the meeting is called, shall be delivered not less than three nor more than five days before the date of the meeting, either personally or by mail, by or at the direction of the president or the secretary, or the officers or persons calling the meeting, to each member of record entitled to vote at such meeting. If mailed, such notice shall be deemed to be delivered when deposited in the United States mails in a sealed envelope addressed to the member at his address as it appears on the records of the corporation, with postage thereon prepaid. Notice of meetings of members may be waived in writing.
Source
Laws 1937, c. 50, § 14, p. 207;
C.S.Supp.,1941, § 70-814;
R.S.1943, § 70-714.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-715 - Members; voting rights.

70-715.
Members; voting rights.
Each member present shall be entitled to one, and only one, vote on each matter submitted to a vote at a meeting of members.
Source
Laws 1937, c. 50, § 15, p. 208;
C.S.Supp.,1941, § 70-815;
R.S.1943, § 70-715.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-716 - Membership certificate; issuance; transfer; conditions.

70-716.
Membership certificate; issuance; transfer; conditions.
When a member of a corporation has paid the membership fee in full, a certificate of membership shall be issued to such member. After such membership fee has been paid in full, memberships and certificates in the corporation shall be transferable upon the books of the corporation to other persons eligible for membership in such corporation;
Provided,
that, five days before the transfer thereof, such membership, and certificate, has been offered for redemption to the corporation at its book value and such corporation has refused to purchase the same.
Source
Laws 1937, c. 50, § 16, p. 208;
C.S.Supp.,1941, § 70-816;
R.S.1943, § 70-716.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-717 - Meetings; quorum.

70-717.
Meetings; quorum.
Unless otherwise provided in the articles of incorporation, a majority of the members present in person shall constitute a quorum for the transaction of business at a meeting of members.
Source
Laws 1937, c. 50, § 17, p. 208;
C.S.Supp.,1941, § 70-817;
R.S.1943, § 70-717.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-718 - Board of directors; number; powers; qualifications.

70-718.
Board of directors; number; powers; qualifications.
The business and affairs of a corporation shall be managed by a board of directors, not less than five in number, which shall exercise all the powers of the corporation except such as are conferred upon the members by sections 70-701 to 70-738, by the articles of incorporation, or by the bylaws of the corporation. The bylaws may prescribe qualifications for directors.
Source
Laws 1937, c. 50, § 18, p. 208;
C.S.Supp.,1941, § 70-818;
R.S.1943, § 70-718.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-719 - Directors; alternate directors; election; compensation; expenses.

70-719.
Directors; alternate directors; election; compensation; expenses.
The directors, other than those named in the certificate of incorporation to serve until the first annual meeting of members, shall be elected annually, or as otherwise provided in the bylaws, by the members. The directors shall be members of the corporation and shall be entitled to such compensation and reimbursement for expenses incurred by them as provided in sections 81-1174 to 81-1177. The bylaws may provide for the election of alternate directors, who shall be elected and serve in the same manner as members elected to the board of directors. Such alternate directors shall serve in the event of the absence, disability, disqualification, or death of an elected director.
Source
Laws 1937, c. 50, § 19, p. 208;
C.S.Supp.,1941, § 70-819;
R.S.1943, § 70-719;
Laws 1974, LB 833, § 1;
Laws 1981, LB 204, § 106;
Laws 2020, LB381, § 56.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-720 - Directors; alternate directors; vacancy; how filled.

70-720.
Directors; alternate directors; vacancy; how filled.
Any vacancy occurring in the board or in the position of alternate director, and any directorship to be filled, shall be filled as provided in the bylaws by persons who shall serve until directors or alternate directors may be regularly elected as provided for in section 70-719.
Source
Laws 1937, c. 50, § 20, p. 208;
C.S.Supp.,1941, § 70-820;
R.S.1943, § 70-720;
Laws 1974, LB 833, § 2.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-721 - Board of directors; quorum; how determined.

70-721.
Board of directors; quorum; how determined.
A majority of the board shall constitute a quorum for the transaction of business, unless a greater number is required by the articles of incorporation or the bylaws. The act of the majority of the directors present at a meeting at which a quorum is present shall be the act of the board, unless the act of a greater number is required by the articles of incorporation or the bylaws. For the purpose of determining a quorum, alternate directors shall be considered in the event of the absence, disability, disqualification, or death of any director.
Source
Laws 1937, c. 50, § 21, p. 209;
C.S.Supp.,1941, § 70-821;
R.S.1943, § 70-721;
Laws 1974, LB 833, § 3.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-722 - Board meetings; notice; waiver.

70-722.
Board meetings; notice; waiver.
Meetings of the board, regular or special, shall be held at such place and upon such notice as the bylaws may prescribe. Attendance of a director or alternate director at any meeting shall constitute a waiver of notice of such meeting, except where a director or alternate director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the board of directors need be specified in the notice or waiver of notice of such meeting.
Source
Laws 1937, c. 50, § 22, p. 209;
C.S.Supp.,1941, § 70-822;
R.S.1943, § 70-722;
Laws 1974, LB 833, § 4.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-723 - Officers; powers; duties; removal.

70-723.
Officers; powers; duties; removal.
The board shall elect from its number a president, a vice president, a secretary, and a treasurer, but the same person may be elected to the office of secretary and treasurer. The powers and duties of the foregoing officers, as well as their terms of office and compensation, shall be provided for in the bylaws. The board shall appoint such other officers, agents and employees as it deems necessary, and fix their powers, duties and compensation. Any officer, agent or employee, elected or appointed by the board, may be removed by it whenever in its judgment the best interests of the corporation will be served.
Source
Laws 1937, c. 50, § 23, p. 209;
C.S.Supp.,1941, § 70-823;
R.S.1943, § 70-723.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-724 - Executive committee; powers.

70-724.
Executive committee; powers.
Any corporation may, by its bylaws, provide for an executive committee to be elected from and by its board of directors. To such committee may be delegated the management of the current and ordinary business of the corporation, and such other duties as the bylaws may prescribe, but the designation of such committee, and the delegation thereto of authority, shall not operate to relieve the board of directors, or any member thereof, of any responsibility imposed upon it or him by sections 70-701 to 70-738.
Source
Laws 1937, c. 50, § 24, p. 209;
C.S.Supp.,1941, § 70-824;
R.S.1943, § 70-724.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-725 - Rates for electric energy and other services; nonprofit operation.

70-725.
Rates for electric energy and other services; nonprofit operation.
Each corporation shall be operated without profit to its members, but the rates, fees, rents, or other charges, for electric energy, and any other facilities, supplies, equipment, appliances or services furnished by the corporation, shall be sufficient at all times (1) to pay all operating and maintenance expenses necessary or desirable for the prudent conduct of its business, and the principal of and interest on the obligations issued or assumed by the corporation in the performance of the purpose for which it was organized, and (2) for the creation of reserves.
Source
Laws 1937, c. 50, § 25, p. 210;
C.S.Supp.,1941, § 70-825;
R.S.1943, § 70-725.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-726 - Revenue; use; surplus; return to consumer.

70-726.
Revenue; use; surplus; return to consumer.
The revenue of the corporation shall be devoted, first, to the payment of operating and maintenance expenses and the principal and interest on outstanding obligations, and thereafter to such reserves for improvement, new construction, depreciation and contingencies, as the board may from time to time prescribe. Revenue not required for the purposes set forth in this section shall be returned from time to time to the users of the services or products of such corporation on a pro rata basis according to the amount of business done with each during the period, either in cash, in abatement of current charges for electric energy, or otherwise, as the board determines; but such return may be made by way of general rate reduction to such users, if the board so elects.
Source
Laws 1937, c. 50, § 25, p. 210;
C.S.Supp.,1941, § 70-825;
R.S.1943, § 70-726.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-727 - Articles of incorporation; amendment; procedure.

70-727.
Articles of incorporation; amendment; procedure.
A corporation may amend its articles of incorporation by a majority vote of the members present in person at any regular meeting, or at any special meeting of its members called for that purpose. The power to amend shall include the power to accomplish any desired change in the provisions of its articles of incorporation, and to include any purpose, power or provision which would be authorized to be included in original articles of incorporation if executed at the time the amendment is made. Articles of amendment signed by the president or vice president, and attested by the secretary, certifying to such amendment and its lawful adoption, shall be executed, acknowledged, filed and recorded in the same manner as the original articles of incorporation of a corporation organized under sections 70-701 to 70-738. As soon as the Secretary of State shall have accepted the articles of amendment for filing and recording, and issued a certificate of amendment, the amendment or amendments shall be in effect.
Source
Laws 1937, c. 50, § 26, p. 210;
C.S.Supp.,1941, § 70-826;
R.S.1943, § 70-727.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-728 - Consolidation of corporations; how effected.

70-728.
Consolidation of corporations; how effected.
Any two or more corporations may enter into an agreement for the consolidation of such corporations. The agreement shall set forth the terms and conditions of the consolidation, the name of the proposed consolidated corporation, the number of its directors, not less than five, the time of the annual meeting and election, and the names of at least five persons to be directors until the first annual meeting. If such agreement is approved by the votes of a majority of the members of each corporation present in person at any regular meeting, or at any special meeting of its members called for that purpose, the directors named in the agreement shall sign and acknowledge, as incorporators, articles of consolidation conforming substantially to original articles of incorporation of a corporation organized under sections 70-701 to 70-738.
Source
Laws 1937, c. 50, § 27, p. 211;
C.S.Supp.,1941, § 70-827;
R.S.1943, § 70-728.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-729 - Articles of consolidation; filing.

70-729.
Articles of consolidation; filing.
The articles of consolidation shall be executed, acknowledged, filed and recorded in the same manner as the original articles of incorporation of a corporation organized under sections 70-701 to 70-738. As soon as the Secretary of State shall have accepted the articles of consolidation for filing and recording, and issued a certificate of consolidation, the proposed consolidated corporation, described in the articles under its designated name, shall be a body corporate with all of the powers of a corporation as originally organized hereunder.
Source
Laws 1937, c. 50, § 27, p. 211;
C.S.Supp.,1941, § 70-827;
R.S.1943, § 70-729.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-730 - Dissolution; procedure.

70-730.
Dissolution; procedure.
Any corporation may dissolve by a majority vote of the members in person at any regular meeting, or at any special meeting of its members called for that purpose. A certificate of dissolution shall be signed by the president or vice president, and attested by the secretary, certifying to such dissolution, and stating that they have been authorized to execute and file such certificate by votes cast in person by a majority of the members of the corporation. A certificate of dissolution shall be executed, acknowledged, filed and recorded in the same manner as the original articles of incorporation of a corporation organized under sections 70-701 to 70-738, and as soon as the Secretary of State shall have accepted the certificate of dissolution for filing and recording, and issued a certificate of dissolution, the corporation shall be deemed to be dissolved.
Source
Laws 1937, c. 50, § 28, p. 211;
C.S.Supp.,1941, § 70-828;
R.S.1943, § 70-730.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-731 - Dissolution; discharge of liabilities; distribution of assets.

70-731.
Dissolution; discharge of liabilities; distribution of assets.
Such corporation shall continue for the purpose of paying, satisfying and discharging any existing liabilities or obligations, and collecting or liquidating its assets, and doing all other acts required to adjust and wind up its business and affairs, and may sue and be sued in its corporate name. Any assets remaining, after all liabilities or obligations of the corporation have been satisfied or discharged, shall be distributed pro rata among the members of the corporation at the time of the filing of the certificate of dissolution.
Source
Laws 1937, c. 50, § 28, p. 211;
C.S.Supp.,1941, § 70-828;
R.S.1943, § 70-731.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-732 - Defective corporations; dissolution; procedure.

70-732.
Defective corporations; dissolution; procedure.
Any corporation which purports to have been incorporated or reincorporated under sections 70-701 to 70-738, but which has not complied with all of the requirements for legal corporate existence, may nevertheless file a certificate of dissolution in the same manner as a validly existing corporation. The certificate of dissolution in such case may be authorized by a majority of the incorporators or directors at a meeting called by any incorporator upon ten days' notice mailed to the last-known post office address of each incorporator or director, and held at the principal office of the corporation named in the articles of incorporation.
Source
Laws 1937, c. 50, § 28, p. 211;
C.S.Supp.,1941, § 70-828;
R.S.1943, § 70-732.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-733 - Filing fees.

70-733.
Filing fees.
The Secretary of State shall charge and collect for (1) filing articles of incorporation and issuing a certificate of incorporation, three dollars; (2) filing of articles of amendment and issuing a certificate of amendment, two dollars; (3) filing articles of consolidation and issuing a certificate with respect thereto, ten dollars; and (4) filing articles of dissolution, five dollars.
Source
Laws 1937, c. 50, § 29, p. 212;
C.S.Supp.,1941, § 70-829;
R.S.1943, § 70-733.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-734 - Securities Act of Nebraska; inapplicable; when.

70-734.
Securities Act of Nebraska; inapplicable; when.
Whenever any corporation organized under the Electric Cooperative Corporation Act has borrowed money from any federal agency, the obligations issued to secure the payment of such money shall be exempt from the provisions of the Securities Act of Nebraska, and the act shall not apply to the issuance of membership certificates.
Source
Laws 1937, c. 50, § 30, p. 212;
C.S.Supp.,1941, § 70-830;
R.S.1943, § 70-734;
Laws 1967, c. 424, § 1, p. 1300;
Laws 1998, LB 894, § 7.
Cross References
Securities Act of Nebraska, see section 8-1123.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-735 - Defective incorporation; correction; effect.

70-735.
Defective incorporation; correction; effect.
In the event any corporation has filed defective articles of incorporation, or has failed to do all things necessary to perfect its corporate organization, it may, nevertheless, file corrected articles of incorporation or amend the original articles, and do and perform all acts and things necessary in the premises for the correction of such defects. The action so taken shall be valid and binding upon all persons concerned, and the capacity of such corporation to file corrected articles of incorporation or amendments to the original articles, or to do and perform all acts and things necessary in the premises, shall not be questioned.
Source
Laws 1937, c. 50, § 31, p. 213;
C.S.Supp.,1941, § 70-831;
R.S.1943, § 70-735.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-736 - Existing associations; compliance with sections.

70-736.
Existing associations; compliance with sections.
Any existing cooperative or nonprofit corporation or association, organized under any other law of this state for the purpose of engaging in rural electrification, may, by a majority vote of the members present in person at a meeting called for that purpose, amend its articles of incorporation so as to comply with sections 70-701 to 70-738.
Source
Laws 1937, c. 50, § 32, p. 213;
C.S.Supp.,1941, § 70-832;
R.S.1943, § 70-736.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-737 - Sections, how construed.

70-737.
Sections, how construed.
Sections 70-701 to 70-738 shall be construed liberally. The enumeration of any object, purpose, power, manner, method or thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods or things.
Source
Laws 1937, c. 50, § 33, p. 213;
C.S.Supp.,1941, § 70-833;
R.S.1943, § 70-737.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-738 - Sections; exclusive; applicability of other law.

70-738.
Sections; exclusive; applicability of other law.
Sections 70-701 to 70-738 are complete in themselves, and shall be controlling. The provisions of any other law of this state, except as provided in said sections, shall not apply to a corporation organized under said sections.
Source
Laws 1937, c. 50, § 35, p. 213;
C.S.Supp.,1941, § 70-835;
R.S.1943, § 70-738.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-801 - District; how created.

70-801.
District; how created.
Independently of, and in addition to any and all other means or methods provided by the laws of this state for the creation of public power districts, such districts may also be created in the method and manner in sections 70-801 to 70-808 provided.
Source
Laws 1949, c. 196, § 1, p. 571.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-802 - Terms, defined.

70-802.
Terms, defined.
As used in Chapter 70, article 8, unless the context otherwise requires:
(1) Board means the Nebraska Power Review Board;
(2) The terms public power district and district as used in Chapter 70, article 8, each mean the same and also have the same meaning as the term public power district as applied to public corporations created under Chapter 70, article 6, and amendments thereof;
(3) Petitioner means the corporation or association which presents a petition to the Nebraska Power Review Board for the creation of a public power district pursuant to Chapter 70, article 8;
(4) Electric utility means the business of conducting or carrying on, in service to the public, any one or more of the functions or operations of generation, transmission, distribution, sale, and purchase of electrical energy, hydrogen, or ethanol for purposes of lighting, power, heating, and any and every other useful purpose whatsoever, and any and all plants, lines, systems, and any and all other property owned, used, operated, or useful for such operation;
(5) Electric cooperative corporation means a corporation organized under Chapter 70, article 7; and
(6) Rural area means any area not included within the boundaries of any incorporated city or village.
Source
Laws 1949, c. 196, § 2, p. 571;
Laws 1981, LB 181, § 36;
Laws 1986, LB 1230, § 50;
Laws 2005, LB 139, § 18.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-804 - Formation of district; petition; investigation; hearing; notice; expenses.

70-804.
Formation of district; petition; investigation; hearing; notice; expenses.
Upon receipt of such petition the board shall immediately make an investigation of the proposed district, of all matters set forth in the petition, and, as the board may deem necessary or proper, of any other facts and circumstances surrounding the existing business and operation of the petitioner, its proposed dissolution and transfer of its assets to the district. The board shall also conduct a public hearing upon such petition after publishing a notice of the time and place of such hearing for three consecutive weeks in any legal newspaper widely circulated in the territory comprising the proposed district. The petitioner shall pay the necessary expenses incurred by the board in making investigations and conducting hearings pursuant to the provisions of Chapter 70, article 8.
Source
Laws 1949, c. 196, § 4, p. 574;
Laws 1981, LB 181, § 38.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-805 - Formation of district; petition; hearing; approval; procedure.

70-805.
Formation of district; petition; hearing; approval; procedure.
At such public hearing any interested person, firm, association, or corporation may appear and present evidence or argument in support of or opposition to such petition. After such hearing and such independent investigation as may be deemed advisable, if the board finds that the proposed district and its proposed operation of an electric utility are feasible and conform to public convenience and welfare, the board shall thereupon and without delay issue a certificate in duplicate, setting forth a true copy of the petition and declaring that the petition has been approved. The board shall cause said certificate to be filed as provided in section 70-608, and thereupon such district under its designated name shall be and constitute a body politic and corporate and thenceforth shall be a public power district governed by all provisions of Chapter 70, article 6, and of other pertinent statutes, insofar as the same pertain to public power districts after their creation.
Source
Laws 1949, c. 196, § 5, p. 574;
Laws 1981, LB 181, § 39.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-806 - Formation of district; petitioner; appeal; procedure.

70-806.
Formation of district; petitioner; appeal; procedure.
The petitioner may appeal from the decision of the board dismissing the petitioner's petition, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1949, c. 196, § 6(1), p. 575;
Laws 1981, LB 181, § 40;
Laws 1988, LB 352, § 111.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-807 - Formation of district; petition granted; interested person; appeal; procedure.

70-807.
Formation of district; petition granted; interested person; appeal; procedure.
Any interested person, firm, or corporation may likewise appeal from a decision of the board granting the petition, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1949, c. 196, § 6(2), p. 575;
Laws 1981, LB 181, § 41;
Laws 1988, LB 352, § 112.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-808 - Sections, how construed.

70-808.
Sections, how construed.
Sections 70-801 to 70-808 are and shall be construed to be cumulative, independent legislation, and complete in themselves.
Source
Laws 1949, c. 196, § 7, p. 576.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1002 - Suppliers of electricity; agreements; specify service areas; submission to board; purpose of section.

70-1002.
Suppliers of electricity; agreements; specify service areas; submission to board; purpose of section.
(1) All suppliers of electricity, including public power districts, public power and irrigation districts, individual municipalities, registered groups of municipalities, electric membership associations, and cooperatives, serving customers at retail in adjoining service areas shall have the authority to enter into written agreements with each other specifying either the service area or customers each shall serve with electric energy. Before such agreements shall be effective, except agreements referred to in subsection (2) of this section, they shall be submitted to and approved by the Nebraska Power Review Board created by section 70-1003. In the event that such suppliers fail to consummate such agreements, except agreements referred to in subsection (2) of this section, the matter shall be referred to the Nebraska Power Review Board created by section 70-1003.
(2) When two or more suppliers serve the same municipality at retail, such agreements shall specify the service areas within such municipality which each supplier is to serve.
(3) It is declared to be the purpose of this section to promote and encourage the making of such agreements. Such agreements may be amended by the parties thereto at any time, and, except agreements referred to in subsection (2) of this section, shall require the approval of the Nebraska Power Review Board, and they shall be submitted to the board for amendment before the transfer of ownership or control of the facilities serving a service area.
Source
Laws 1963, c. 397, § 2, p. 1259;
Laws 1981, LB 181, § 43.
Annotations
Realignment agreement cannot confer greater rights on one than was possessed by other. Cornhusker P. P. Dist. v. Loup River P. P. Dist., 184 Neb. 789, 172 N.W.2d 235 (1969).
Suppliers of electricity were required to enter into agreement specifying their service areas. City of Schuyler v. Cornhusker P. P. Dist., 181 Neb. 704, 150 N.W.2d 588 (1967).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1002.01 - Suppliers of electricity; agreements; wholesale electric energy; submission to board; considerations; investigation; approval; effect.

70-1002.01.
Suppliers of electricity; agreements; wholesale electric energy; submission to board; considerations; investigation; approval; effect.
All suppliers of electricity, including public power districts, public power and irrigation districts, individual municipalities, registered groups of municipalities, electric membership associations, and cooperatives, shall have authority to enter into written agreements with each other limiting the areas in which or the customers to which a party to the agreement shall provide or sell electric energy at wholesale. Wholesale electric energy is hereby defined as electric energy which is sold to another agency for resale to the ultimate user, hereafter referred to as the retail customer. Before such agreements shall become effective, they shall be submitted to and approved by the Nebraska Power Review Board created by section 70-1003. It is declared to be the purpose of this section to promote and encourage the making of such agreements. Such agreements may be amended by the parties thereto at any time, and such amendments shall require the prior approval of the Nebraska Power Review Board. When requested to approve such an agreement or amendment thereto, the Nebraska Power Review Board shall consider whether or not the proposed agreement or amendment can be reasonably expected to provide a reliable wholesale power supply at a reasonable cost for the area covered by the agreement. It may make such investigation as it determines is necessary and hold a hearing if it determines one to be desirable. At the conclusion of its investigation, the Nebraska Power Review Board shall approve the agreement or amendment unless it determines that it cannot be reasonably expected to provide a reliable wholesale power supply at a reasonable cost for the area covered. Such agreements when approved by the Nebraska Power Review Board shall not be binding upon other suppliers that are not parties to the agreement and the Nebraska Power Review Board shall have no authority to impose conditions that will be binding or applicable to other suppliers that are not parties to such agreements. Such agreements shall not be considered as establishing service areas within the meaning of Chapter 70, article 10.
Source
Laws 1971, LB 349, § 1;
Laws 1981, LB 181, § 44.
Annotations
The provision requiring determination of whether the proposed agreement or amendment can reasonably be expected to provide a reliable wholesale power supply at a reasonable cost for the area is a sufficient standard to guide the Nebraska Power Review Board in the exercise of its delegated legislative power hereunder. City of Lincoln v. Nebraska P. P. Dist., 191 Neb. 556, 216 N.W.2d 722 (1974).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1002.02 - Suppliers of electricity; sale in violation of approved agreement; prohibited.

70-1002.02.
Suppliers of electricity; sale in violation of approved agreement; prohibited.
No supplier shall offer, provide or sell electric energy at wholesale in areas or to customers in violation of any agreement entered into and approved by the Nebraska Power Review Board pursuant to section 70-1002.01.
Source
Laws 1971, LB 349, § 2.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1002.04 - Municipalities; joint operation of electric systems; register with board; reports; action subject to review or approval.

70-1002.04.
Municipalities; joint operation of electric systems; register with board; reports; action subject to review or approval.
Two or more municipalities owning or operating separate electric systems that join together for the purpose of facilitating the performance of any of their respective powers or duties shall, before such a group of municipalities commences operations, register with the Nebraska Power Review Board on such forms as the board may prescribe and containing such information as the board may request. Such a group shall comply with any additional reporting requirements the board imposes that are applied to individual municipalities. Any action taken by an individual municipality that is subjected to the Nebraska Power Review Board review or approval, shall, if taken by a group of municipalities, be subject to similar review or approval.
Source
Laws 1981, LB 181, § 56.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1004 - Suppliers of electricity; filing of maps and service area statements; exception.

70-1004.
Suppliers of electricity; filing of maps and service area statements; exception.
Each supplier which becomes a party to an agreement under the provisions of section 70-1002 shall file with the secretary of the board a suitable map or maps, in such form as the board shall prescribe, showing either the service area or customers to be served. Whenever any changes occur in the service area, new maps shall be filed. Each supplier in the state which fails to file a map or maps showing its service area or customers to be served as established by agreement shall file a statement with the secretary showing the service area and customers actually served by it, what it claims to be its service area, stating the reason it has not entered into agreements with suppliers in adjoining service areas, and if a dispute exists as to furnishing service to any service area, the nature and extent thereof. This section shall not apply to agreements referred to in subsection (2) of section 70-1002.
Source
Laws 1963, c. 397, § 4, p. 1261;
Laws 1981, LB 181, § 47.
Annotations
Suppliers of electricity were required to file a statement showing what it claims as its service area. City of Schuyler v. Cornhusker P. P. Dist., 181 Neb. 704, 150 N.W.2d 588 (1967).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1005 - Suppliers of electricity; service area; application to establish; notice of hearing; exception.

70-1005.
Suppliers of electricity; service area; application to establish; notice of hearing; exception.
Any supplier may at any time on or after July 1, 1964, apply to the board to establish its service area. In such case and in all cases where agreements have not been entered into, including cases arising under section 70-1008, the secretary shall give written notice to the parties involved citing them to appear at a time, not less than thirty days thereafter, and at a place specified in the notice for a hearing upon the matter of establishing the service areas concerned in the notice. The provisions of this section shall not apply to service within the corporate limits of any municipality.
Source
Laws 1963, c. 397, § 5, p. 1262.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1006 - Hearings; continuance; rules of procedure.

70-1006.
Hearings; continuance; rules of procedure.
At the hearing the board shall hear testimony and receive other evidence relating to the matter and may continue the hearing from time to time. The board shall adopt such rules of procedure as are advisable and in conformity with law.
Source
Laws 1963, c. 397, § 6, p. 1262.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1007 - Establishment of service areas; board; orders; policy considerations.

70-1007.
Establishment of service areas; board; orders; policy considerations.
After the hearing, the board shall make an order establishing the service areas in the matter covered by the notice. In determining any such matter, the board shall seek to carry out the policy stated in section 70-1001. It shall give such consideration as is appropriate in each case to the following:
(1) The supplier best able to supply the load required;
(2) The most logical future supplier of the area;
(3) The desires of the supplier with respect to loads and service areas it wishes to serve;
(4) The ability to provide service at costs comparable to other suppliers in the service area and the immediate costs to the ultimate consumers involved in the transfer; and
(5) The ability of the supplier to cope with the problems of expanding loads and increased costs.
Source
Laws 1963, c. 397, § 7, p. 1262;
Laws 1979, LB 223, § 1.
Annotations
Absent annexation or concurrence of the adjoining supplier, the only present means for a municipal power supplier to obtain a modification of its service area is by establishing that the present supplier cannot or will not furnish adequate electrical service or that its doing so involves a wasteful and unwarranted duplication of facilities. In re Application of City of Lincoln, 243 Neb. 458, 500 N.W.2d 183 (1993).
Elements to be considered by Power Review Board in approving service area agreement stated; area service contracts must be respected until supplier is unable to provide service in accordance with guidelines set out in this section. Cornhusker P. P. Dist. v. Loup River P. P. Dist., 184 Neb. 789, 172 N.W.2d 235 (1969).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1009 - Certified service areas; modification; application; transfer of facilities and customers; considerations; impairment of rights prohibited.

70-1009.
Certified service areas; modification; application; transfer of facilities and customers; considerations; impairment of rights prohibited.
(1) When one supplier at the date of enactment has customers or distribution facilities extending into the certified service area of another supplier, the customers and distribution facilities of the former supplier may be acquired by negotiation or by application of either party to the board for modification of certified service area as to ownership of facilities and customers to be served.
(2) Such amendment may be made by mutual agreement, or upon application of either party to and determination by the board, upon consideration of the factors set forth in section 70-1007, except that no transfer of facilities and customers shall be made which would impair the rights of bondholders or mortgage holders.
Source
Laws 1963, c. 397, § 9, p. 1263;
Laws 1979, LB 223, § 3.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1011 - Suppliers; service outside area; application for approval; when granted; applicability of section.

70-1011.
Suppliers; service outside area; application for approval; when granted; applicability of section.
Except by agreement of the suppliers involved, no supplier shall offer electric service to additional ultimate users outside its service area or construct or acquire a new electric line or extend an existing line into the service area of another supplier for the purpose of furnishing service to ultimate users therein without first applying to the board and receiving approval thereof, after due notice and hearing under rules and regulations of the board. Such approval shall be granted only if the board finds that the customer or customers proposed to be served cannot or will not be furnished adequate electric service by the supplier in whose service area the customer is located, or that the provision thereof by such supplier would involve wasteful and unwarranted duplication of facilities. This section shall not apply to agreements referred to in subsection (2) of section 70-1002.
Source
Laws 1963, c. 397, § 11, p. 1264;
Laws 1981, LB 181, § 48.
Annotations
Absent annexation or concurrence of the adjoining supplier, the only present means for a municipal power supplier to obtain a modification of its service area is by establishing that the present supplier cannot or will not furnish adequate electrical service or that its doing so involves a wasteful and unwarranted duplication of facilities. In re Application of City of Lincoln, 243 Neb. 458, 500 N.W.2d 183 (1993).
Where there is no competent evidence to sustain elements necessary to warrant invasion of area service rights of supplier, order of board permitting it is arbitrary and in conflict with public policy. Cornhusker P. P. Dist. v. Loup River P. P. Dist., 184 Neb. 789, 172 N.W.2d 235 (1969).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1012 - Electric generation facilities and transmission lines; construction or acquisition; application; approval; when not required.

70-1012.
Electric generation facilities and transmission lines; construction or acquisition; application; approval; when not required.
(1) Before any electric generation facilities or any transmission lines or related facilities carrying more than seven hundred volts are constructed or acquired by any supplier, an application, filed with the board and containing such information as the board shall prescribe, shall be approved by the board, except that such approval shall not be required (a) for the construction or acquisition of a transmission line extension or related facilities within a supplier's own service area or for the construction or acquisition of a line not exceeding one-half mile outside its own service area when all owners of electric lines located within one-half mile of the extension consent thereto in writing and such consents are filed with the board, (b) for any generation facility when the board finds that (i) such facility is being constructed or acquired to replace a generating plant owned by an individual municipality or registered group of municipalities with a capacity not greater than that of the plant being replaced, (ii) such facility will generate less than twenty-five thousand kilowatts of electric energy at rated capacity, and (iii) the applicant will not use the plant or transmission capacity to supply wholesale power to customers outside the applicant's existing retail service area or chartered territory, (c) for acquisition of transmission lines or related facilities, within the state, carrying one hundred fifteen thousand volts or less, if the current owner of the transmission lines or related facilities notifies the board of the lines or facilities involved in the transaction and the parties to the transaction, or (d) for the construction of a qualified facility as defined in section 70-2002.
(2) A privately developed renewable energy generation facility is exempt from this section if it complies with section 70-1014.02.
Source
Laws 1963, c. 397, § 12, p. 1264;
Laws 1979, LB 119, § 1;
Laws 1981, LB 181, § 49;
Laws 1984, LB 729, § 1;
Laws 2009, LB436, § 6;
Laws 2016, LB824, § 5.
Annotations
The requirement that the hearing be held within thirty days unless a continuance has been requested by the applicant is directory, not mandatory. Omaha P. P. Dist. v. Nebraska P. P. Project, 196 Neb. 477, 243 N.W.2d 770 (1976).
This section is not limited to retail suppliers of electricity. City of Auburn v. Eastern Nebraska Public Power Dist., 179 Neb. 439, 138 N.W.2d 629 (1965).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1012.01 - Suppliers; electric generation and transmission facilities; terminate construction or acquisition; filing; reasons; hearing; effect; section, how construed.

70-1012.01.
Suppliers; electric generation and transmission facilities; terminate construction or acquisition; filing; reasons; hearing; effect; section, how construed.
(1) If a supplier terminates construction or acquisition of electric generation or transmission facilities after receiving approval for the facilities from the board, the supplier shall file with the board, within thirty days after the action taken to terminate construction or acquisition, a statement of the factors or reasons relied upon by the supplier in taking such action. Within ten days after receipt of such a filing, the board shall give notice of the filing to such other suppliers as it deems interested or affected by such action and it shall hold a hearing for the purpose of obtaining such additional information as the board deems advisable or necessary to inform other suppliers and the public of the reasons for such termination. Notice of any such hearing shall be given to those suppliers previously given notice of the filing and to any other parties expressing interest in the approved application.
(2) The board shall not have authority to approve or deny the action of a supplier terminating construction or acquisition, and any such filing or hearing shall be advisory and solely for the purpose of informing the board, other suppliers, interested parties, and the ratepayers of this state of the factors or reasons relied upon in taking action to terminate construction or acquisition.
(3) Nothing in this section shall constitute or be construed as a defense to any cause of action, including a claim for breach of contract, resulting from such termination.
(4) A privately developed renewable energy generation facility is exempt from this section if it complies with section 70-1014.02.
Source
Laws 1979, LB 119, § 2;
Laws 1981, LB 181, § 50;
Laws 2016, LB824, § 6.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-1013 - Electric generation facilities and transmission lines; application; hearing; waiver; appearances; objections; amendments.

70-1013.
Electric generation facilities and transmission lines; application; hearing; waiver; appearances; objections; amendments.
(1) Upon application being filed under section 70-1012, the board shall fix a time and place for hearing and shall give ten days' notice by mail to such power suppliers as it deems to be affected by the application. The hearing shall be held within sixty days unless for good cause shown the applicant requests in writing that such hearing not be scheduled until a later time, but in any event such hearing shall be held not more than one hundred twenty days after the filing of the application and the board shall give its decision within sixty days after the conclusion of the hearing. Any parties interested may appear, file objections, and offer evidence. The board may grant the application without notice or hearing, upon the filing of such waivers as it may require, if in its judgment the finding required by section 70-1014 or 70-1014.01 can be made without a hearing. Such hearing shall be conducted as provided in section 70-1006. The board may allow amendments to the application, in the interests of justice.
(2) A privately developed renewable energy generation facility is exempt from this section if it complies with section 70-1014.02.
Source
Laws 1963, c. 397, § 13, p. 1265;
Laws 1967, c. 425, § 1, p. 1301;
Laws 2010, LB1048, § 4;
Laws 2011, LB208, § 2;
Laws 2013, LB340, § 1;
Laws 2016, LB824, § 7.
Annotations
The requirement that the hearing be held within thirty days unless a continuance has been requested by the applicant is directory, not mandatory. Omaha P. P. Dist. v. Nebraska P. P. Project, 196 Neb. 477, 243 N.W.2d 770 (1976).
This section provides for filing of application, notice, and hearing of matters authorized under preceding section. City of Auburn v. Eastern Nebraska Public Power Dist., 179 Neb. 439, 138 N.W.2d 629 (1965).