Chapter 70 — POWER DISTRICTS AND CORPORATIONS
528 sections in this chapter.
Repealed. Laws 1945, c. 154, § 1.
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[Repealed or reserved.]
Repealed. Laws 1945, c. 154, § 1.
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[Repealed or reserved.]
Repealed. Laws 1945, c. 154, § 1.
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[Repealed or reserved.]
Repealed. Laws 1945, c. 154, § 1.
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[Repealed or reserved.]
Repealed. Laws 1945, c. 154, § 1.
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[Repealed or reserved.]
Repealed. Laws 1945, c. 154, § 1.
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[Repealed or reserved.]
Repealed. Laws 1945, c. 154, § 1.
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[Repealed or reserved.]
Repealed. Laws 1945, c. 154, § 1.
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[Repealed or reserved.]
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…
Neb. Rev. Stat. § 70-1306 Unresolved dispute; submitted to arbitration; rules applicable.
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If the dispute remains unresolved forty-five days after the receipt by the supplier of the notice in writing of such dispute and payment of the full amount of the charge as provided in section 70-1304 has been made, the dispute shall be submitted to arbitration in accordance with…
Neb. Rev. Stat. § 70-1307 Arbitration board; membership.
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An arbitration board shall be formed to arbitrate the wholesale electric rate dispute in conformity with the standards set out in section 70-1302. The arbitration board shall consist of three members, one of whom shall be selected by the purchaser, one of whom shall be selected b…
Neb. Rev. Stat. § 70-1308 Arbitrators; disqualifications.
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The arbitrators shall not be employees, agents, or consultants of any party to the dispute and shall have no financial or personal interest in the result of the arbitration.
Neb. Rev. Stat. § 70-1309 Arbitration board; appointed; when; manner.
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The arbitration board shall be appointed within ninety days after the receipt of the notice of the dispute. Each party shall notify the other in writing of the name and address of the arbitrator selected by it within sixty days after receipt of the notice of the dispute. The two …
Repealed. Laws 1945, c. 154, § 1.
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[Repealed or reserved.]
Neb. Rev. Stat. § 70-1310 Arbitration costs and expenses; how assessed.
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Each of the parties to the dispute shall pay the costs and expenses of the arbitrator selected by it together with one-half of the costs and expenses of the third arbitrator and one-half of the costs and expenses of the hearing, unless the parties otherwise agree or the arbitrati…
Neb. Rev. Stat. § 70-1311 Arbitration board; personnel; hire.
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The arbitration board shall hire an official stenographer to report its hearings and may hire an attorney to assist it in ruling on the admissibility of evidence offered and in the preparation of the record which will constitute the bill of exceptions in any appeal from the decis…
Neb. Rev. Stat. § 70-1312 Arbitration board; meetings; chairperson; disputed issues.
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The arbitration board shall meet within thirty days of the appointment of the third arbitrator. The third arbitrator shall be the chairperson and preside at all meetings and hearings of the arbitration board and shall provide notice to the parties at least five days before the fi…
Neb. Rev. Stat. § 70-1313 Failure to appoint an arbitrator; effect.
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If a party to the dispute fails or refuses to appoint its arbitrator within the time established in section 70-1309, the arbitrator appointed by the other party shall, within ten days after such failure apply to the American Arbitration Association for the appointment of the seco…
Neb. Rev. Stat. § 70-1314 Arbitration board; proceedings; duties.
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The arbitration board may proceed in the absence of any party who, after due notice, fails to appear or obtain a continuance. An award shall not be made without a hearing or based solely on the default of a party. The arbitration board shall (1) consider only those matters necess…
Neb. Rev. Stat. § 70-1315 Supplier; notice to other wholesale purchasers; when.
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The supplier shall give written notice, by certified mail, to its other purchasers at wholesale within fifteen days after receipt of the notice of the appointment of the third arbitrator.
Neb. Rev. Stat. § 70-1316 Arbitration board; preliminary written statements; hearing; notice.
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The parties shall submit preliminary written statements to the arbitration board within sixty days after the convening of the first meeting of the arbitration board. The arbitration board shall fix the time and place for a hearing which shall commence not more than seventy-five d…
Neb. Rev. Stat. § 70-1317 Dispute; production of documents and records; depositions.
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At all times after receipt of the notice of the dispute, each party shall make available to the other, for inspection and copying, all documents, data, and records with respect to the dispute for the presentation of the matter to the arbitration board. If the parties fail to agre…
Neb. Rev. Stat. § 70-1318 Arbitration board; hearing; testimony; evidence; witnesses.
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At the hearing the arbitration board shall hear testimony and receive evidence in person or by deposition relating to the dispute and may continue the hearing from time to time. The arbitration board shall be bound by the rules of evidence applicable in district court. The arbitr…
Neb. Rev. Stat. § 70-1319 Arbitration board; hearing; duration.
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The arbitration board shall seek to complete its hearing on the issues submitted to it within forty-five days after the commencement of the hearing. The arbitration board may extend the time to complete the hearing beyond the forty-five-day period if the board determines that suc…
Repealed. Laws 1945, c. 154, § 1.
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[Repealed or reserved.]
Neb. Rev. Stat. § 70-1320 Arbitration board; decision; findings.
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The arbitration board shall render its decision within thirty days after completion of the hearing. The decision shall be in writing, be accompanied by findings of fact, and be signed by the arbitrators supporting the decision. The findings of fact shall consist of a concise stat…
Neb. Rev. Stat. § 70-1321 Arbitration board; decision; findings; provided to parties; filed with Nebraska Power Review Board.
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A copy of the decision and accompanying findings and conclusions shall be mailed to each party and its attorney of record by certified mail. The arbitration board shall file its decision, together with all pleadings and exhibits filed with the arbitration board, with the secretar…
Neb. Rev. Stat. § 70-1322 Escrow account; distribution.
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Within thirty days after the decision of the arbitration board, the funds and investments in the escrow account established pursuant to section 70-1305, together with the interest thereon, shall be distributed or apportioned in accordance with the decision of the arbitration boar…
Neb. Rev. Stat. § 70-1323 Escrow account; deficiency; effect; interest.
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In the event that the escrow and interest thereon are insufficient to satisfy the provisions of the arbitration board's decision, the party liable for such deficiency shall take all actions necessary to obtain such funds and make payment thereof, including interest, within thirty…
Neb. Rev. Stat. § 70-1324 Arbitration; time limits; extension.
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Except as otherwise provided in section 70-1326, the parties may, by mutual written agreement filed with the arbitration board, extend any of the time limits prescribed in sections 70-1301 to 70-1329.
Neb. Rev. Stat. § 70-1325 Arbitration board; final decision; appeal.
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The final decision of the arbitration board shall be binding upon the parties. If a party to any arbitration proceeding is not satisfied with the decision entered by the arbitration board, such party may appeal as provided in section 70-1326 to reverse, vacate, or modify the deci…
Neb. Rev. Stat. § 70-1326 Arbitration board; decision; reversal, modification, or vacation; procedure.
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The procedure to obtain reversal, modification, or vacation of a decision rendered by the arbitration board shall be (1) by filing notice of appeal with the Nebraska Power Review Board within thirty days after the date of the filing of the decision with the Nebraska Power Review …
Neb. Rev. Stat. § 70-1327 Appellate court; trial; de novo on the record.
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Trial in the appellate court shall be de novo on the record. Such case shall be advanced in the same manner as other causes which involve the public welfare and convenience and shall be set for an early hearing.
Neb. Rev. Stat. § 70-1328 Record on appeal.
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The verbatim testimony transcribed by the official stenographer, including all exhibits received, shall constitute the bill of exceptions. The decision appealed and the bill of exceptions duly certified by the members of the arbitration board shall constitute the complete record …
Neb. Rev. Stat. § 70-1329 Wholesale purchaser; failure or refusal to make payment; supplier; remedies.
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If a purchaser fails or refuses to make payment to the supplier as required by sections 70-1301 to 70-1329, the supplier may, after a charge remains unpaid thirty days after the due date, file suit in the district court in which the supplier or purchaser resides for a writ of man…
Repealed. Laws 1945, c. 154, § 1.
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[Repealed or reserved.]
Repealed. Laws 1945, c. 154, § 1.
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[Repealed or reserved.]
Repealed. Laws 1945, c. 154, § 1.
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[Repealed or reserved.]
Repealed. Laws 1945, c. 154, § 1.
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[Repealed or reserved.]
Repealed. Laws 1945, c. 154, § 1.
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[Repealed or reserved.]
Repealed. Laws 1945, c. 154, § 1.
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[Repealed or reserved.]
Repealed. Laws 1945, c. 154, § 1.
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[Repealed or reserved.]
Repealed. Laws 1945, c. 154, § 1.
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[Repealed or reserved.]
Neb. Rev. Stat. § 70-1401 Act, how cited.
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Sections 70-1401 to 70-1423 shall be known and may be cited as the Joint Public Power Authority Act.
Neb. Rev. Stat. § 70-1402 Terms, defined.
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As used in the Joint Public Power Authority Act, unless the context otherwise requires: (1) Agency shall mean any public body, authority, or commission which is engaged in the generation, transmission, or distribution of electric power and energy and which issues indebtedness; (2…
Neb. Rev. Stat. § 70-1403 Legislative findings.
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The Legislature hereby finds and determines that: (1) Certain public power districts in this state which are empowered severally to engage in the generation, transmission, and distribution of electric power and energy have for many years owned and operated systems for the distrib…