Chapter 70, POWER DISTRICTS AND CORPORATIONS
347 sections in this chapter.
Neb. Rev. Stat. § 70-1504 Agreement; dispute; hearing.
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In the event of any disagreement arising among the parties to an agreement authorized by sections 70-1501 to 70-1505 which cannot be settled by negotiations, the dispute may be submitted to the Nebraska Power Review Board. Upon the submission of any such disagreement to the board…
Neb. Rev. Stat. § 70-1505 Supplier; competition and antitrust provisions; exemption.
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In the exercise of the powers granted in sections 70-1501 to 70-1505 and in Chapter 70, article 10, to execute agreements authorized by sections 70-1501 to 70-1505 or other agreements authorized by Chapter 70, article 10, a supplier of electric power and energy shall be exempt fr…
Neb. Rev. Stat. § 70-1506 Cryptocurrency mining operation; data center; regulation; report.
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(1) For purposes of this section: (a) Cryptocurrency mining means validating transactions for addition to a blockchain distributed ledger; (b) Cryptocurrency mining operation means any facility of one megawatt in size or greater that conducts cryptocurrency mining; (c) Data cente…
Neb. Rev. Stat. § 70-1507 Agricultural self-generation facility; electric service; regulation.
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(1) For purposes of this section: (a) Agricultural or horticultural purposes has the same meaning as in section 77-1359; (b) Agricultural self-generation facility means a facility for the production of electricity that: (i) Uses methane, wind, solar, biomass, hydropower, or geoth…
Neb. Rev. Stat. § 70-1601 Applicant for service; denial prohibited, when.
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No applicant for the services of a public or private utility company furnishing water, natural gas, or electricity at retail in this state shall be denied service because of unpaid bills for similar service which are not collectible at law because of statutes of limitations or di…
Neb. Rev. Stat. § 70-1602 Domestic subscriber, defined.
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As used in sections 70-1603 to 70-1615, unless the context otherwise requires, domestic subscriber shall not include municipalities, cities, villages, political subdivisions, companies, corporations, partnerships, limited liability companies, or businesses of any nature.
Neb. Rev. Stat. § 70-1603 Municipal utility; owned and operated by a village; discontinuance of service; notice; procedure.
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No municipal utility owned and operated by a village furnishing water, natural gas, or electricity at retail in this state shall discontinue service to any domestic subscriber for nonpayment of any past-due account unless such utility first gives written notice by mail to any sub…
Neb. Rev. Stat. § 70-1604 Municipal utility; owned and operated by a village; discontinuance of service; conference; notice; procedure.
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Prior to the discontinuance of service to any domestic subscriber by a municipal utility owned and operated by a village, the domestic subscriber, upon request, shall be provided a conference with the board of trustees of the village. A municipal utility owned and operated by a v…
Neb. Rev. Stat. § 70-1605 Discontinuance of service; notice; procedure; limitation on fees.
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No public or private utility company, other than a municipal utility owned and operated by a village, furnishing water, natural gas, or electricity at retail in this state shall discontinue service to any domestic subscriber for nonpayment of any past-due account unless the utili…
Neb. Rev. Stat. § 70-1606 Discontinuance of service; notice; contents; accessible to public.
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(1) The notice required by section 70-1605 shall contain the following information: (a) The reason for the proposed disconnection; (b) A statement of intention to disconnect unless the domestic subscriber either pays the bill or reaches an agreement with the utility regarding pay…
Neb. Rev. Stat. § 70-1607 Discontinuance of service; third-party notice procedure.
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Each utility subject to section 70-1603 or 70-1605 shall establish a third-party notice procedure for the notification of a designated third party of any proposed discontinuance of service and shall advise its subscribers, including new subscribers, of the availability of such pr…
Neb. Rev. Stat. § 70-1608 Discontinuance of service; dispute; conference.
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A domestic subscriber may request a conference in regard to any dispute over a proposed discontinuance of service before an employee designated by the utility to hear such matters. The employee designated by the utility shall hear and decide all matters disputed by domestic subsc…
Neb. Rev. Stat. § 70-1609 Discontinuance of service; dispute; statement; effect.
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A domestic subscriber may dispute the proposed discontinuance of water, natural gas, or electricity by notifying the utility with a written statement that sets forth the reasons for the dispute and the relief requested. If a statement has been made by the subscriber, a conference…
Neb. Rev. Stat. § 70-1610 Conference; employee; duties.
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Upon notice to the employee designated by the utility of any request for a conference by a domestic subscriber, the employee shall: (1) Notify the domestic subscriber, in writing, of the time, place, and date scheduled for the conference; and (2) Hold a conference within fourteen…
Neb. Rev. Stat. § 70-1611 Conference; employee; decision to terminate service; when.
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The employee of the utility shall, based solely on the evidence presented at the conference, affirm, reverse, or modify any decision by the utility involving a disputed bill which results in a threatened termination of utility service. The employee shall allow termination of util…
Neb. Rev. Stat. § 70-1612 Appeal; hearing; procedure.
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Any domestic subscriber may appeal an adverse decision of the utility employee to a management office designated by the utility or to the utility board when designated by the utility. Each utility shall establish a hearing procedure to resolve utility bills appealed by domestic s…
Neb. Rev. Stat. § 70-1613 Appeal; hearing; domestic subscriber; rights.
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At any hearing held pursuant to section 70-1612, the domestic subscriber may: (1) Be represented by legal counsel or other representative or spokesperson; (2) Examine and copy, not less than three business days prior to such hearing, the utility's file and records pertaining to a…
Neb. Rev. Stat. § 70-1614 Appeal; hearing; management office; duties.
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In any appeal filed pursuant to section 70-1612, the management office designated by the utility shall notify the domestic subscriber of the time, place, and date scheduled for such hearing. The notice requirements, hearing procedures, and other rights of domestic subscribers sha…
Neb. Rev. Stat. § 70-1615 Sections; not applicable; when.
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Sections 70-1602 to 70-1614 shall not apply to any disconnections or interruptions of services made necessary by the utility for reasons of repair or maintenance or to protect the health or safety of the domestic subscriber or of the general public.
Neb. Rev. Stat. § 70-1701 Terms, defined.
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For purposes of sections 70-1701 to 70-1705: (1) Power has the same meaning as in section 70-601; and (2) Public entity means a municipality, a registered group of municipalities, a public power district, a public power and irrigation district, an electric cooperative, an electri…
Neb. Rev. Stat. § 70-1702 Purchase agreement; contents.
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Notwithstanding any other provision of Nebraska law, any public entity may enter into an agreement for the purchase of power to be generated by a project consisting of one or more electric generating facilities. A purchase agreement may contain such terms and conditions as the pu…
Neb. Rev. Stat. § 70-1703 Agreement; other provisions applicable.
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Any municipality that enters into an agreement for the purchase of power containing any of the provisions described in section 70-1702 shall be deemed to have entered into such agreement under the provisions of this section and sections 18-412.06 and 70-1705. No agreement shall b…
Neb. Rev. Stat. § 70-1704 Ownership agreement; terms and conditions.
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If a public entity enters into an ownership agreement of any electric facility pursuant to section 18-412.09, the agreement may contain such terms and conditions as the public entity may determine.
Neb. Rev. Stat. § 70-1705 Sections; how construed.
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Sections 70-1701 to 70-1705 shall be liberally construed to effectuate their purposes. The provisions of sections 70-1701 to 70-1705 shall be independent of and supplemental to any other applicable provisions of law, petition for creation, or charter.
Neb. Rev. Stat. § 70-1801 Act, how cited.
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Sections 70-1801 to 70-1819 shall be known and may be cited as the Public Entities Mandated Project Charges Act.
Neb. Rev. Stat. § 70-1802 Definitions, where found.
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For purposes of the Public Entities Mandated Project Charges Act, the definitions found in sections 70-1803 to 70-1811 apply.
Neb. Rev. Stat. § 70-1803 Financing costs, defined.
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Financing costs means: (1) Interest, including, but not limited to, capitalized interest, and redemption premiums that are payable on mandated project bonds; (2) The cost of retiring or refunding a public entity's existing debt in connection with the issuance of mandated project …
Neb. Rev. Stat. § 70-1804 Mandate, defined.
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Mandate means a requirement imposed by a statute of the United States or the State of Nebraska, a rule, a regulation, an administrative or a judicial order, a licensing requirement or condition, any agreement with or requirement of a regional transmission organization, or any con…
Neb. Rev. Stat. § 70-1805 Mandated project, defined.
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Mandated project means the construction, retrofitting, rebuilding, acquisition, or installation of any equipment, device, structure, improvement, process, facility, technology, or other property owned, licensed, or controlled by a public entity or operated for the benefit of a pu…
Neb. Rev. Stat. § 70-1805.01 Mandated project bond issuer, defined.
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Mandated project bond issuer means an entity created pursuant to section 70-1818.
Neb. Rev. Stat. § 70-1806 Mandated project bonds, defined.
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Mandated project bonds means bonds, notes, or other evidences of indebtedness that are issued by a public entity or by a mandated project bond issuer, the proceeds of which are used directly or indirectly to pay or reimburse mandated project costs and financing costs and which bo…
Neb. Rev. Stat. § 70-1807 Mandated project charge, defined.
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Mandated project charge means a charge paid by customers of a public entity to pay or reimburse the public entity for mandated project costs, including any adjustment of the charge pursuant to subdivision (1)(d) of section 70-1812, or financing costs.
Neb. Rev. Stat. § 70-1808 Mandated project costs, defined.
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Mandated project costs means capital costs incurred or to be incurred by a public entity with respect to a mandated project, including the payment of debt service on mandated project bonds, either directly or through a power participation or purchase agreement, and any related op…
Neb. Rev. Stat. § 70-1809 Public entity, defined.
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Public entity means a municipality, a registered group of municipalities, a public power district, a public power and irrigation district, an electric cooperative, an electric membership association, a joint entity formed under the Interlocal Cooperation Act, a joint public agenc…
Neb. Rev. Stat. § 70-1810 Related operating expenses, defined.
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Related operating expenses means any necessary operating expenses of a project or system required to be paid from the mandated project charge by an order of a court pursuant to 11 U.S.C. 928(b), as such section existed on January 1, 2006.
Neb. Rev. Stat. § 70-1811 Special revenue, defined.
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Special revenue has the definition found in 11 U.S.C. 902(2) as such section existed on January 1, 2006.
Neb. Rev. Stat. § 70-1812 Mandated project charges authorized; resolution of governing body; payment by customers; records required; judicial review authorized; procedure.
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(1) A public entity may elect to pay or reimburse mandated project costs and financing costs through the use of mandated project charges. Public entities are hereby authorized to impose and collect mandated project charges as provided in the Public Entities Mandated Project Charg…
Neb. Rev. Stat. § 70-1813 Issuance of mandated project bonds; authorized; proceeds; use.
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(1) A public entity has the authority to issue mandated project bonds, including refunding bonds, in one or more series. A public entity also may create a mandated project bond issuer pursuant to section 70-1818 to issue mandated project bonds. Mandated project charges to which t…
Neb. Rev. Stat. § 70-1814 Mandated project charges; use.
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Mandated project charges shall be applied exclusively for the purpose of paying mandated project costs, including any adjustments of such charges pursuant to subdivision (1)(d) of section 70-1812, and financing costs.
Neb. Rev. Stat. § 70-1815 Public entity; discretionary actions.
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A public entity undertaking a mandated project is not required to pay or reimburse the costs of the mandated project with mandated project charges, and such public entity is not required to issue mandated project bonds. The use of mandated project charges and issuance of mandated…
Neb. Rev. Stat. § 70-1816 Public entity collecting mandated project charges; billing explanation required.
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A public entity collecting mandated project charges shall annually provide its customers with a concise explanation of mandated project charges billed to customers. Such explanation may be by billing insert, website information, or other appropriate means.
Neb. Rev. Stat. § 70-1817 Act and grants of power; how construed.
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The Public Entities Mandated Project Charges Act and all grants of power and authority in the act shall be liberally construed to effectuate their purpose, and all incidental powers necessary to carry into effect the provisions of the act are expressly granted to and conferred up…
Neb. Rev. Stat. § 70-1818 Creation of mandated project bond issuer; procedure; board of directors.
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A public entity may create, by a duly adopted resolution of its governing body, a mandated project bond issuer. A mandated project bond issuer is a body politic and corporate, not an agency of the state but an independent instrumentality exercising essential public functions, and…
Neb. Rev. Stat. § 70-1819 Mandated project bond issuer; bond issuance; procedure; use of proceeds; issuer powers; restriction on business activities; powers.
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(1) The mandated project bond issuer may issue mandated project bonds, including refunding bonds, in one or more series, as contemplated by a resolution of the public entity adopted in accordance with section 70-1812. The mandated project bond issuer shall comply with any resolut…
Neb. Rev. Stat. § 70-1901 Act, how cited.
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Sections 70-1901 to 70-1909 shall be known and may be cited as the Rural Community-Based Energy Development Act.
Neb. Rev. Stat. § 70-1902 Legislative intent.
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It is the intent of the Legislature to create new rural economic development opportunities through rural community-based energy development.
Neb. Rev. Stat. § 70-1903 Terms, defined.
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For purposes of the Rural Community-Based Energy Development Act: (1) C-BED project or community-based energy development project means a new energy generation project using wind, solar, biomass, or landfill gas as the fuel source that: (a) Has at least twenty-five percent of the…
Neb. Rev. Stat. § 70-1904 C-BED project developer; electric supplier; negotiation; power purchase agreement; development of project; restriction on transfer; eligibility for net energy billing; approval or certification; notice of change in ownership.
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(1) A C-BED project developer and an electric supplier are authorized to negotiate in good faith mutually agreeable power purchase agreement terms. (2) A qualified owner or any combination of qualified owners may develop a C-BED project with an equity partner that is not a qualif…
Neb. Rev. Stat. § 70-1905 Electric supplier; duties.
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An electric supplier shall: (1) Consider mechanisms to encourage the aggregation of C-BED projects located in the same general geographical area; and (2) Require any qualified owner to provide sufficient security to assure performance under the power purchase agreement.
Neb. Rev. Stat. § 70-1906 Construction of new renewable generation facilities; electric supplier; governing body; duties.
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The governing body of an electric supplier that has determined a need to construct new renewable generation facilities shall take reasonable steps to determine if one or more C-BED projects are available and are technically, economically, and operationally feasible to provide som…