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361 sections in this chapter.
Neb. Rev. Stat. § 66-1811 Complaint; investigation; hearing; where held; commission; powers.
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(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 …
Neb. Rev. Stat. § 66-1812 Rate proceeding; intervention by county or city.
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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 withi…
Neb. Rev. Stat. § 66-1813 Proceedings for review; parties; rights and privileges.
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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 N…
Neb. Rev. Stat. § 66-1814 Action of commission; review.
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Any action of the commission pursuant to the State Natural Gas Regulation Act is subject to review in accordance with section 75-136.
Neb. Rev. Stat. § 66-1815 Jurisdictional utility; reports; failure to file; penalty.
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(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 …
Neb. Rev. Stat. § 66-1816 Jurisdictional utility; ownership of competitor; prohibited; when.
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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.
Neb. Rev. Stat. § 66-1817 Completion and dedication of property.
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(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 …
Neb. Rev. Stat. § 66-1818 Commission; examinations and audits; authorized.
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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 rec…
Neb. Rev. Stat. § 66-1819 Nonregulated private enterprise; how treated.
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(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…
Neb. Rev. Stat. § 66-1820 Franchise ordinances; requirements.
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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 a…
Neb. Rev. Stat. § 66-1821 Franchise or certificate of convenience; restrictions.
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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.
Neb. Rev. Stat. § 66-1822 Prohibited acts; penalty.
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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, recor…
Neb. Rev. Stat. § 66-1823 Criminal and civil proceedings to compel compliance.
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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 juris…
Neb. Rev. Stat. § 66-1824 Federal actions; commission; powers.
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(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 …
Neb. Rev. Stat. § 66-1825 Rates; requirements.
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(1) Every rate made, demanded, or received by any natural gas public utility shall be just and reasonable. Rates shall not be unreasonably preferential or discriminatory and shall be reasonably consistent in application to a class of ratepayers. Rates negotiated with agricultural…
Neb. Rev. Stat. § 66-1826 Payment of dividends; limitation.
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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 financia…
Neb. Rev. Stat. § 66-1827 Encumbrance of property; limitation.
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(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 dolla…
Neb. Rev. Stat. § 66-1828 Reorganization or change of control; approval required.
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(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, tha…
Neb. Rev. Stat. § 66-1829 Disclosure of information; limitations.
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(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 reque…
Neb. Rev. Stat. § 66-1830 Office of public advocate; created; duties; appointment; qualifications.
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(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 in…
Neb. Rev. Stat. § 66-1831 Public advocate; powers.
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(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…
Neb. Rev. Stat. § 66-1832 Office of public advocate; administration.
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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 a…
Neb. Rev. Stat. § 66-1833 Public advocate; access to information; limitations.
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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…
Neb. Rev. Stat. § 66-1834 Public advocate; records; how kept.
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The files, records, and documents of the public advocate shall be separately kept, maintained, and controlled by the public advocate.
Neb. Rev. Stat. § 66-1835 Public advocate; ex parte communications.
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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.
Neb. Rev. Stat. § 66-1836 Investigations; powers.
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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 c…
Neb. Rev. Stat. § 66-1837 Commission; contract for services.
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(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 negotiate…
Neb. Rev. Stat. § 66-1838 General rate filings; requirements.
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(1) The provisions of this section apply only to general rate filings. (2) Except as provided in subsection (3) of this section, a jurisdictional utility shall provide written notice to each city that will be affected by a proposed change in rates simultaneously with the filing w…
Neb. Rev. Stat. § 66-1839 Municipal Rate Negotiations Revolving Loan Fund; created; use; administration; audit; investment; loan repayment.
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(1) The Municipal Rate Negotiations Revolving Loan Fund is created. The fund shall be used to make loans to cities for rate negotiations under section 66-1838 or negotiations or litigation under section 66-1867, except that transfers may be made from the fund to the General Fund …
Neb. Rev. Stat. § 66-1840 Commission; investigation expenses; assessment against jurisdictional utility; procedure.
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(1) Whenever, in order to carry out the duties imposed upon it by law, the commission, in a proceeding upon its own motion, on complaint, or upon an application to it, including rate filings, deems it necessary to investigate any jurisdictional utility or make appraisals of the p…
Neb. Rev. Stat. § 66-1841 Commission; determination of total expenditures; assessment against jurisdictional utilities; limitation.
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(1) The commission shall determine, within thirty days after each quarter-year for each such quarter-year, the total amount of its expenditures during such period of time. The total amount shall include the salaries of members and employees and all other lawful expenditures of th…
Neb. Rev. Stat. § 66-1842 Public Service Commission Regulation Fund; created; use; investment.
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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 assessm…
Neb. Rev. Stat. § 66-1843 Jurisdictional utility; failure to pay assessment; procedure.
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If any jurisdictional utility against which an assessment has been made pursuant to the State Natural Gas Regulation Act, within fifteen days after the notice of such assessment, (1) neglects or refuses to pay the same or (2) fails to file objections to the assessment with the co…
Neb. Rev. Stat. § 66-1844 Jurisdictional utility; objections to assessment; procedure.
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(1) Within fifteen days after the date of the mailing of any notice of assessment under sections 66-1840 and 66-1841, the jurisdictional utility against which such assessment has been made may file with the commission objections setting out in detail the ground upon which such ob…
Neb. Rev. Stat. § 66-1845 Jurisdictional utility; assessment; action to recover.
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Every jurisdictional utility against which an assessment is made shall pay the amount thereof and, after such payment, may under the conditions in the State Natural Gas Regulation Act, at any time within one year from the date the payment was made, sue the state in an action at l…
Neb. Rev. Stat. § 66-1846 Action to recover assessment; requirements.
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(1) No action for recovery of any amount paid pursuant to the State Natural Gas Regulation Act shall be maintained in any court unless objections have been filed with the commission as provided in section 66-1844. In any action for recovery of any payments made under the act, the…
Neb. Rev. Stat. § 66-1847 Public natural gas utilities; requirements.
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Natural gas utilities owned and operated by a city or a metropolitan utilities district shall establish rates and conditions of service for all residential ratepayers of each such utility in a nondiscriminatory manner.
Neb. Rev. Stat. § 66-1848 Competitive natural gas providers and aggregators; terms, defined.
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For purposes of this section and section 66-1849: (1) Aggregator means a person who combines retail end users into a group and arranges for the acquisition of competitive natural gas services without taking title to those services; and (2)(a) Competitive natural gas provider mean…
Neb. Rev. Stat. § 66-1849 Competitive natural gas providers and aggregators; certification by commission; costs and expenses; allocation.
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(1) The commission shall certify all competitive natural gas providers and aggregators providing natural gas services. In an application for certification, a competitive natural gas provider or aggregator shall reasonably demonstrate managerial, technical, and financial capabilit…
Neb. Rev. Stat. § 66-1850 Act; enforcement; prior law; applicability.
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(1) The State Natural Gas Regulation Act shall not be enforced retroactively before May 31, 2003. A rate filing made pursuant to the provisions of the Municipal Natural Gas Regulation Act prior to such date shall be governed by the act by its terms as in effect on the date of the…
Neb. Rev. Stat. § 66-1851 Jurisdictional utility; customer choice or other programs; how treated.
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(1) Notwithstanding any other provisions in the State Natural Gas Regulation Act, a jurisdictional utility may file with the commission rates and one or more rate schedules and other charges, and rules and regulations pertaining thereto, that enable the utility to provide service…
Neb. Rev. Stat. § 66-1852 Extension of natural gas mains or other services; limitations.
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(1) Except as otherwise expressly authorized in the State Natural Gas Regulation Act, no person, public or private, shall extend duplicative or redundant natural gas mains or other natural gas services into any area which has existing natural gas utility infrastructure or where a…
Neb. Rev. Stat. § 66-1853 Certificate of public convenience; requirements.
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(1) Except as provided in subsection (2) of this section, no jurisdictional utility shall transact business in Nebraska until it has obtained a certificate from the commission that public convenience will be promoted by the transaction of the business and permitting the applicant…
Neb. Rev. Stat. § 66-1854 Cost of gas supply; effect on rate schedules; procedure.
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(1) The commission shall allow jurisdictional utilities to implement and thereafter modify gas supply cost adjustment rate schedules that reflect increases or decreases in the cost of the utility's gas supply such as (a) federally regulated wholesale rates for energy delivered th…
Neb. Rev. Stat. § 66-1855 Banded rates; commission; powers.
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The commission may authorize, consistent with general regulatory principles, including, but not limited to (1) banded rates with a minimum and maximum rate that allows the jurisdictional utility to offer ratepayers rates within the rate band for the purpose of attracting addition…
Neb. Rev. Stat. § 66-1856 Construction of new facilities; prior approval not required.
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A jurisdictional utility shall not be required to obtain prior approval from the commission to begin the construction of any new plant, equipment, property, or facility that the utility determines to be necessary to provide adequate and reliable service to ratepayers.
Neb. Rev. Stat. § 66-1857 Rights and remedies; how construed.
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The rights and remedies given by the State Natural Gas Regulation Act shall be construed as cumulative of all other laws in force in this state relating to jurisdictional utilities and shall not repeal any other remedies or rights now existing in this state for the enforcement of…
Neb. Rev. Stat. § 66-1858 Metropolitan utilities district; solicitations prohibited; proposals authorized; when.
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Whenever any city is furnished natural gas pursuant to a franchise agreement with a jurisdictional utility, a metropolitan utilities district shall not solicit such city to enter into a franchise agreement or promote discontinuance of natural gas service with the utility unless a…
Neb. Rev. Stat. § 66-1859 Enlargement or extension of area; applicability of sections.
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Sections 66-1858 to 66-1864 shall be applicable to a jurisdictional utility only when it is operating in a county in which there is located the natural gas service area, or portion of the natural gas service area, of a metropolitan utilities district and only with regard to matte…
Neb. Rev. Stat. § 66-1860 Enlargement or extension of area; considerations.
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No jurisdictional utility or metropolitan utilities district may extend or enlarge its natural gas service area or extend or enlarge its natural gas mains or natural gas services unless it is in the public interest to do so. In determining whether or not an extension or enlargeme…