Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 3 - RULES OF PRACTICE AND PROCEDURE BEFORE THE NEBRASKA POWER REVIEW BOARD › Section 285-3-029 - MISCELLANEOUS RULES

Current through June 17, 2024
029.01 Denial of Application
When any application has been denied in whole or in part a
				  subsequent application covering substantially the same subject matter will not
				  be considered by the Board for a period of ninety (90) days from the date of
				  the order entered, except for good cause shown. This provision shall not be
				  construed to prevent any party from moving for a rehearing in any
				  proceeding.
029.02
				Amendments
On or about July 1st and January 1st of each year, the Board
				  shall consider changes, amendments and repeal of rules and regulations adopted
				  and in effect prior to these dates. Any party so desiring may file an
				  application proposing such amendment or repeal of said rules and said
				  application will be considered and acted upon at the following review period in
				  the manner provided by statute,
029.03 Fees: Repealed
029.04 Costs of any hearing will be borne by
				the parties thereto in a proportionate share according to such parties'
				respective contribution to the record, unless otherwise ordered by the Board.
				If it is necessary for the Board to employ outside expertise to aide them in
				their determination, the cost of such expertise shall be assessed to the
				parties as determined by the Board.
029.05 Whenever practicable, in cases where
				large or cumbersome exhibits are introduced and utilized at a hearing, the
				party introducing and utilizing the same shall provide the Board with a small
				reproduction suitable to filing of the same.
029.06 Whenever the rules or regulations as
				prescribed by the. Board, or the statutes governing the Board, do not cover a
				question or given situation in regard to a procedural question, the Board shall
				be governed by the Rules governing administrative agencies of the State of
				Nebraska, Chapter 84, Article 9 of the Revised Statutes of the State of
				Nebraska.
029.07 During the July
				meeting of the Power Review Board the Board will vote on the need for a power
				supply plan and/or conservation report. The Board, consistent with Section
				70-1024,
				will request the Nebraska Power Association or an outside independent source to
				prepare the reports.
029.08 Any
				Petition for Creation or any amendment to any Petition for Creation, of a
				district subject to Chapter 70, Article 6, filed with the Nebraska Power Review
				Board shall be accompanied by information about each existing and proposed
				subdivision. This information shall include:
(1) the total population of the
				district,
(2) the population of
				each subdivision, and
(3) the
				percentage of the total population in each subdivision. The percentages of the
				total population in each subdivision shall be evaluated and stated;
(a) as they exist currently,
(b) as they are proposed in the
				petition,
(c) as they would exist
				for the "mathematically ideal" case (the case in which the total population is
				divided by the number of subdivisions), and
(d) as they would exist using forecasted
				populations for the subdivisions, if the petitioner believes such forecasted
				populations are relevant. The petitioner shall inform the Board as to whether
				the petitioner believes that the "substantially equal" language in Section
				70-604(6)
				 is the relevant language, or the "not to be
				prejudiced thereby" language in Section
				70-612
				is the relevant language for evaluating the population divisions in the
				petition. The petitioner shall inform the Board if the district has exercised
				its authority to include or exclude areas so as to follow precinct or other
				boundaries.