Chapter 66 — OILS, FUELS, AND ENERGY
763 sections in this chapter.
Neb. Rev. Stat. § 66-1613 Qualified industry organization, defined.
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Qualified industry organization means any organization or industry trade association the members of which are engaged in the sale or distribution of odorized propane to the ultimate consumer or the sale of propane utilization equipment to the ultimate consumer.
Neb. Rev. Stat. § 66-1614 Research, defined.
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Research means any type of study, investigation, or other activity performed by a qualified public or private research group for the purpose of advancing and improving the existing technology related to the propane industry, including the development of increased efficiency of pr…
Neb. Rev. Stat. § 66-1615 Retail marketer, defined.
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Retail marketer means any person with bulk propane storage engaged in the sale of odorized propane to the ultimate consumer or to retail propane dispensers within Nebraska.
Neb. Rev. Stat. § 66-1616 Wholesaler, supplier, or importer, defined.
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Wholesaler, supplier, or importer means the owner of the propane at the time it is first delivered into Nebraska regardless of the state where production occurs, with ownership of the propane determined by the freight on board designation.
Repealed. Laws 2025, LB346, § 73.
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[Repealed or reserved.]
Neb. Rev. Stat. § 66-1618 Council; members; appointment; terms.
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(1)(a) The council shall be appointed by the Governor. (b) The council shall consist of five members, including two members representing retail marketers, one member representing wholesalers, suppliers, and importers, one member representing manufacturers and distributors of liqu…
Neb. Rev. Stat. § 66-1619 Council; powers and duties; rules and regulations.
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(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 carr…
Neb. Rev. Stat. § 66-1620 Council; implement act; use of funds.
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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 developme…
Neb. Rev. Stat. § 66-1621 Propane education and research fee; collection and use.
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(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 …
Neb. Rev. Stat. § 66-1622 Act; how construed.
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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.
Neb. Rev. Stat. § 66-1623 Retail marketers; liability insurance; employees; training requirements; violation; penalty.
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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 c…
Neb. Rev. Stat. § 66-1624 Council; suspension or termination; referendum.
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(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 …
Neb. Rev. Stat. § 66-1625 Price of propane; legislative intent.
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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.
Neb. Rev. Stat. § 66-1626 Collection of fees.
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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.
Neb. Rev. Stat. § 66-1627 Venue.
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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…
Repealed. Laws 2009, LB 246, § 2.
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[Repealed or reserved.]
Neb. Rev. Stat. § 66-1801 Act, how cited.
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Sections 66-1801 to 66-1868 shall be known and may be cited as the State Natural Gas Regulation Act.
Neb. Rev. Stat. § 66-1802 Terms, defined.
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For purposes of the State Natural Gas Regulation Act: (1) Agricultural ratepayer means a ratepayer whose usage of natural gas does not qualify the ratepayer as a high-volume ratepayer and (a) whose principal use of natural gas is for agricultural crop or livestock production, irr…
Neb. Rev. Stat. § 66-1803 Exemptions from act; conditions; action to determine.
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(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 f…
Neb. Rev. Stat. § 66-1804 Commission; powers; act, how construed.
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(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 Safet…
Neb. Rev. Stat. § 66-1805 Rules and regulations; commission; additional powers; Attorney General; duties.
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(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 mat…
Neb. Rev. Stat. § 66-1806 Jurisdictional utilities; filings required.
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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…
Neb. Rev. Stat. § 66-1807 Commission; powers; how construed.
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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 i…
Neb. Rev. Stat. § 66-1808 Rate changes; term or condition of service; when effective.
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(1) The provisions of this section do not apply to general rate filings. (2) Unless the commission otherwise orders, no jurisdictional utility shall make effective any changed rate or any term or condition of service pertaining to the service or rates of such utility, except by f…
Neb. Rev. Stat. § 66-1809 Commission; investigations authorized; hearing; powers.
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(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…
Neb. Rev. Stat. § 66-1810 Service to high-volume ratepayers, agricultural ratepayers, and interruptible ratepayers; jurisdictional utility; powers.
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(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 jurisdict…
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.