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347 sections in this chapter.
Neb. Rev. Stat. § 70-1001 Declaration of policy.
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(1) In order to provide the citizens of the state with adequate and reliable electric service at as low overall cost as possible, consistent with sound business practices, it is the policy of this state to avoid and eliminate conflict and competition between public power district…
Neb. Rev. Stat. § 70-1001.01 Terms, defined.
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For purposes of sections 70-1001 to 70-1028.02, unless the context otherwise requires: (1) Associated energy storage resource means any energy storage resource that: (a) Is located on the premises of a privately developed renewable energy generation facility; (b) Has the primary …
Neb. Rev. Stat. § 70-1002 Suppliers of electricity; agreements; specify service areas; submission to board; purpose of section.
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(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 sh…
Neb. Rev. Stat. § 70-1002.01 Suppliers of electricity; agreements; wholesale electric energy; submission to board; considerations; investigation; approval; effect.
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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 ea…
Neb. Rev. Stat. § 70-1002.02 Suppliers of electricity; sale in violation of approved agreement; prohibited; commercial electric vehicle charging station operator; powers and duties.
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(1) 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. (2) A commercial electric vehicle charging station oper…
Neb. Rev. Stat. § 70-1002.03 New transmission facilities or interconnection; agreement by affected parties; disputes submitted to board; insure prudent utility practice; rate determination; effect.
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When any electric generation facility or transmission facility over seventy thousand volts is constructed or acquired, either within or without the State of Nebraska, and the output of the generation or transmission facility would be transmitted over existing transmission facilit…
Neb. Rev. Stat. § 70-1002.04 Municipalities; joint operation of electric systems; register with board; reports; action subject to review or approval.
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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 Po…
Neb. Rev. Stat. § 70-1003 Nebraska Power Review Board; establishment; composition; appointment; term; vacancy; qualifications; compensation; expenses; jurisdiction; officers; executive director; staff; reports.
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(1)(a) There is hereby established an independent board to be known as the Nebraska Power Review Board. The board shall consist of five members, including at least one engineer, at least one attorney, and three additional persons. No more than one person who is or who has within …
Neb. Rev. Stat. § 70-1004 Suppliers of electricity; filing of maps and service area statements; exception.
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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 change…
Neb. Rev. Stat. § 70-1005 Suppliers of electricity; service area; application to establish; notice of hearing; exception.
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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 partie…
Neb. Rev. Stat. § 70-1006 Hearings; continuance; rules of procedure.
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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.
Neb. Rev. Stat. § 70-1007 Establishment of service areas; board; orders; policy considerations.
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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 …
Neb. Rev. Stat. § 70-1008 Certified service areas; established; municipalities; newly annexed areas; acquisition of facilities and customers; procedure; waiver of right to acquire; joint planning.
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In the absence of an agreement between the suppliers affected and notwithstanding the provisions of subdivisions (1) to (5) of section 70-1007: (1) Existing service areas presently designated by agreements and exhibits filed with and approved by the board, or previously ordered b…
Neb. Rev. Stat. § 70-1009 Certified service areas; modification; application; transfer of facilities and customers; considerations; impairment of rights prohibited.
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(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…
Neb. Rev. Stat. § 70-101 Districts and corporations; furnish information; enforcement.
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Notwithstanding any other provision of law regarding confidentiality of records, every district or corporation organized under Chapter 70 shall, upon request, furnish to any county attorney, any authorized attorney as defined in section 42-347, or the Department of Health and Hum…
Neb. Rev. Stat. § 70-1010 Modification of service areas; application; procedure; suppliers agreements; exception; transfer of customers and facilities; price; how computed; impairment of obligations prohibited.
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(1) The board shall have authority upon application by a supplier at any time to modify service areas or customers to be served as previously established. The same procedures as to notice, hearing, and decision shall be followed as in the case of an original application. Supplier…
Neb. Rev. Stat. § 70-1011 Suppliers; service outside area; application for approval; when granted; applicability of section.
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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 furnis…
Neb. Rev. Stat. § 70-1012 Electric generation facilities, energy storage resources, and transmission lines; construction or acquisition; application; approval; when not required; proximity to military installation; notice required, when; private electric suppliers; application; agreements; consent; limitations.
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(1) Before any electric generation facilities, any energy storage resources, 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…
Neb. Rev. Stat. § 70-1012.01 Suppliers; electric generation and transmission facilities and energy storage resources; terminate construction or acquisition; filing; reasons; hearing; effect; section, how construed.
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(1) If a supplier terminates construction or acquisition of electric generation or transmission facilities or energy storage resources after receiving approval for the facilities or resources from the board, the supplier shall file with the board, within thirty days after the act…
Neb. Rev. Stat. § 70-1013 Electric generation facilities and transmission lines; application; hearing; waiver; appearances; objections; amendments.
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(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 caus…
Neb. Rev. Stat. § 70-1014 Electric generation facilities and transmission lines; approval or denial of application; findings required; regional line or facilities; additional consideration.
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(1) After hearing, the board shall have authority to approve or deny the application. Except as provided in section 70-1014.01 for special generation applications, before approval of an application, the board shall find that: (a) The application will serve the public convenience …
Neb. Rev. Stat. § 70-1014.01 Special generation application; approval; findings required; eminent domain.
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(1) Except as provided in subsection (2) of this section, an application by a municipality, a registered group of municipalities, a public power district, a public power and irrigation district, an electric cooperative, an electric membership association, or any other governmenta…
Neb. Rev. Stat. § 70-1014.02 Legislative findings; privately developed renewable energy generation facility; owner; duties; proximity to military installation; notice; certification; decommissioning plan; bond; joint transmission development agreement; contents; property not subject to eminent domain.
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(1) The Legislature finds that: (a) Nebraska has the authority as a sovereign state to protect its land, natural resources, and cultural resources for economic and aesthetic purposes for the benefit of its residents and future generations by regulation of energy generation projec…
Neb. Rev. Stat. § 70-1015 Suppliers; electric generation facilities, energy storage resources, and transmission lines; unauthorized construction, acquisition, or service; injunction; violation; actions authorized; private electric supplier; commencement of construction prior to providing notice; violation; fine; executive director; powers and duties; dispute; hearing; procedure; decision; costs.
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(1) If any supplier violates Chapter 70, article 10, by either (a) commencing the construction or finalizing or attempting to finalize the acquisition of any generation facilities, any energy storage resources, any transmission lines, or any related facilities without first provi…
Neb. Rev. Stat. § 70-1016 Appeals; procedure.
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An appeal of any final action of the board may be taken to the Court of Appeals. Such appeal shall be in accordance with rules provided by law for appeals in civil cases.
Neb. Rev. Stat. § 70-1017 Suppliers; duty to furnish service; disputes submitted to board.
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Any supplier of electricity at retail shall furnish service, upon application, to any applicant within the service area of such supplier if it is economically feasible to service and supply the applicant. The electric service shall be furnished by the supplier within a reasonable…
Neb. Rev. Stat. § 70-1018 Suppliers; disputes over rates; submission to board; hearing; recommendations.
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In the event of any dispute between suppliers concerning rates for service between such suppliers which cannot be settled by negotiations, the dispute shall be submitted to the board. The board may intervene in any such dispute on its own motion. Upon the submission of such dispu…
Neb. Rev. Stat. § 70-1019 Board; proceedings; compel attendance of witnesses and production of documents; contempt proceedings authorized.
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In any proceeding had before it under the provisions of Chapter 70, article 10, the board shall have authority, by subpoena, to compel the attendance of witnesses, and the production of any books, papers, records, accounts, or other documents which may be necessary to assist in a…
Neb. Rev. Stat. § 70-1020 Board; expenses; assessments levied against suppliers; apportionment; collection; interest; Nebraska Power Review Fund; created; investment.
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In order to defray the expenses of the Nebraska Power Review Board, there shall be imposed upon each public power district, public power and irrigation district, electric membership association, electric cooperative company, and municipality having an electric distribution system…
Neb. Rev. Stat. § 70-1021 Microwave communication facilities; authorization; procedure; protest; hearing; when.
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After April 24, 1978, except as provided in section 70-1022, a public power district shall not construct microwave communication facilities unless such district is authorized to construct and operate its own microwave facilities by order of the Nebraska Power Review Board. Before…
Neb. Rev. Stat. § 70-1022 Microwave facilities or system; authorization; when not required.
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Nebraska Power Review Board authorization shall not be required for the following: (1) Construction of microwave facilities to be completed in a reasonable time where the district has, prior to April 24, 1978, entered into binding contractual obligations with respect to such faci…
Neb. Rev. Stat. § 70-1024 Power supply plan; board; powers and duties; special assessment.
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The board shall, prior to October 1, 1981, designate the representative organization responsible for the preparation and filing of those reports required pursuant to sections 70-1025 and 70-1026. The board may utilize a preexisting representative group from the industry if such g…
Neb. Rev. Stat. § 70-1025 Power supply plan; contents; filing; annual report.
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(1) The representative organization shall file with the board a coordinated long-range power supply plan containing the following information: (a) The identification of all electric generation plants operating or authorized for construction within the state that have a rated capa…
Neb. Rev. Stat. § 70-1026 Power supply plan; research and conservation report; contents.
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The representative organization shall file, at the request of the board but no more often than biennially, a research and conservation report, which shall include the following information relative to programs enacted by the representative organization and its members: (1) Resear…
Neb. Rev. Stat. § 70-1027 Power supply plan; research and conservation report; board; include data in biennial report; hearing.
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The board shall, in its biennial report, include data from any coordinated long-range power supply plan or research and conservation report filed with it. Before publishing its biennial report, if a coordinated long-range power plan or a research and conservation report has been …
Neb. Rev. Stat. § 70-1028 Electric transmission line approved for construction in regional transmission organization transmission plan; notice to board; failure to provide notice; effect.
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(1) If an electric transmission line has been approved for construction in a regional transmission organization transmission plan, the incumbent electric transmission owner of the existing electric transmission facilities to which the electric transmission line will connect shall…
Neb. Rev. Stat. § 70-1028.01 Electric supplier; operation of direct-current, fast-charging station; conditions; section; termination.
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(1) An electric supplier shall have the authority to own, maintain, and operate a direct-current, fast-charging station for retail services only under all of the following conditions: (a) An electric supplier shall only develop, own, maintain, or operate a direct-current, fast-ch…
Neb. Rev. Stat. § 70-1028.02 Electric supplier; operation of direct-current, fast-charging station; requirements.
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(1) Effective on January 1, 2028, an electric supplier shall not develop, own, maintain, or operate a direct-current, fast-charging station within ten miles of a privately owned direct-current fast-charging station that is already in commercial operation or has a pending building…
Neb. Rev. Stat. § 70-1034 Dispatchable electric generation facility; closure or decommissioning; notice; contents; hearing; recommendations; confidentiality.
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(1) For purposes of this section, dispatchable electric generation facility means a facility that, under normal operating conditions, can increase or decrease its output on demand to provide electricity onto the electric power transmission grid on an ongoing basis. (2)(a) If a pu…
Neb. Rev. Stat. § 70-1101 Declaration of policy.
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It is hereby declared to be the policy of the state to provide for dependable electric service at the lowest practical cost to all of the citizens of the state, including the residents of cities and villages. The maintenance of competing electric systems within such cities or vil…
Neb. Rev. Stat. § 70-1102 Public power districts; agreements with municipalities; operation until January 1, 1972.
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Whenever any public power district organized under Chapter 70, article 6, is engaged in competitive retail electric service in any incorporated municipality within this state, with a system for the retail sale of electric energy owned by such municipality, such district is hereby…
Neb. Rev. Stat. § 70-1103 Public power districts; no impairment of obligation to bondholders; municipal operation; books and records; revenue.
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Nothing contained in sections 70-650.01 and 70-1101 to 70-1106 shall in any manner be construed so as to impair the obligations of the public power district to the holders of its outstanding bonds. The municipalities shall properly operate and maintain such system according to th…
Neb. Rev. Stat. § 70-1104 Public power districts; municipal operation; employees' rights respected.
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Any municipality assuming the management of the distribution system of any public power district under the provisions of sections 70-1101 to 70-1103 shall take over and employ all of the employees of the district theretofore operating such property on the same salary, terms and c…
Neb. Rev. Stat. § 70-1105 Obligation of public power district to convey to municipality; no election necessary; when.
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The provisions of section 70-650.01 shall be and remain in full force and effect with reference to the transfer and conveyance of its distribution system by the district as therein required. In those cases in which the municipality shall be operating the distribution system of th…
Neb. Rev. Stat. § 70-1106 Sections, how construed.
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Sections 70-650.01 and 70-1101 to 70-1106 shall be deemed to be complete within themselves, to cover the entire subject to which it relates and to be an independent act.
Neb. Rev. Stat. § 70-1301 Statement of policy.
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It is hereby declared to be the public policy of this state to provide adequate electrical service at as low overall cost as possible, consistent with sound business practices and, in furtherance of such policy, electric service should be provided by nonprofit entities including …
Neb. Rev. Stat. § 70-1302 Electric rate disputes; legislative determination.
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In order to meet the policies set out in section 70-1301, protect the financial integrity of suppliers of electricity at wholesale, avoid imposing a discriminatory burden on purchasers of electricity at wholesale, and insure that wholesale rates are adequate, fair, reasonable, an…
Neb. Rev. Stat. § 70-1303 Wholesale purchaser; payment to supplier; when.
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A purchaser of electricity at wholesale shall pay to the supplier of such electricity the entire amount of the charge for such electricity within the time set forth in the power contract between the purchaser and supplier or, if no such contract exists or no time is set forth in …
Neb. Rev. Stat. § 70-1304 Wholesale purchaser; billing; dispute; notice; contents.
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If a purchaser of electricity at wholesale elects to dispute all or any portion of the wholesale electric charge established by the supplier, the purchaser shall nevertheless pay the full amount of the charge stated in the billing within the time established in section 70-1303 an…
Neb. Rev. Stat. § 70-1305 Wholesale purchaser; dispute; supplier establish escrow account.
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Upon written demand by the purchaser made at the time of the notice of dispute as provided in section 70-1304, the supplier shall, each month, deposit the disputed portion of the monthly payment as specified by the purchaser, but not to exceed twenty percent of the total amount b…