Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 9 - NATURAL GAS AND PIPELINE RULES AND REGULATIONS › Section 291-9-016 - MUNICIPAL RATE NEGOTIATIONS REVOLVING LOAN FUND

Current through June 17, 2024
016.01
Application for
				Loan
:
Only one loan shall be made for each rate filing made by a
				  jurisdictional utility, as set forth in Neb. Rev. Stat. §
										66-1839.
				  No loan monies shall be distributed until the Commission has certified a rate
				  case for negotiation pursuant to Neb. Rev. Stat. §
										66-1838(6).
				  Applications will only be accepted from cities which have adopted a resolution
				  evidencing the intent to negotiate with the jurisdictional utility. The
				  application form attached to these rules must be completed and filed with the
				  Commission.
016.02
Joint Application for Loan
:
Municipalities may jointly apply for loan funds.
016.03 Fund-use Monitoring and
				Quarterly Accounting of Fund Use
016.03A Once
				a loan has been approved under the Municipal Rate Negotiations Revolving Loan
				Fund, the following requirements must be followed by the city or cities and the
				jurisdictional utility:
016.03A1 The loan
				proceeds may only be used for the costs and expenses incurred to analyze the
				rate filing and negotiate a settlement that establishes new area-wide
				rates;
016.03A2 The costs and
				expenses may include the cost of rate consultants, attorneys, other advisors,
				and other necessary costs related to the negotiation and preparation of a
				settlement agreement;
016.03A3
				Every thirty days following the Commission certification of the negotiation,
				the borrowing city or cities must provide a report to the Commission, in a
				format to be specified by the Commission, which details the funds expended and
				the uses of such funds;
016.03A4
				Within thirty days after a settlement agreement is filed with the Commission,
				the borrowing city or cities must provide a final report to the Commission
				which details the funds expended and uses of such funds;
016.03A5 If the borrowing city or cities and
				the jurisdictional utility fail to reach a settlement, the borrowing city or
				cities must file with the Commission, within thirty days of notification to the
				Commission that such settlement could not be reached, a final report which
				details the funds expended and the uses of such funds;
016.03A6 A city which receives a loan from
				the fund shall be responsible to provide for the opportunity for all other
				cities engaged in the same negotiations with the same jurisdictional utility to
				participate in the negotiations. Such city shall not exclude any other city
				from the information or benefits accruing from the use of loan funds;
016.03A7 Upon the conclusion of negotiations,
				regardless of the result, the loan approved by the Commission after audit shall
				be repaid by the jurisdictional utility to the Commission within thirty days
				after the date upon which it is billed by the Commission. The jurisdictional
				utility shall recover the amount paid on the loan by a special surcharge on
				customers who are or will be affected by the rate increase request. These
				customers may be billed on their monthly statements for a period not to exceed
				twelve months, and the surcharge may be shown as a separate item on the
				statements as a charge for rate negotiation expenses.