Chapter 70, POWER DISTRICTS AND CORPORATIONS
347 sections in this chapter.
Neb. Rev. Stat. § 70-1907 C-BED project developer; provide notices.
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To the extent feasible, a C-BED project developer shall provide, in writing, notice of incentives pursuant to the Rural Community-Based Energy Development Act for local ownership and local participation in a C-BED project to each property owner on whose property a turbine will be…
Neb. Rev. Stat. § 70-1908 Sections; how construed.
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Nothing in sections 70-1901 to 70-1907 shall be construed to obligate an electric supplier to enter into a power purchase agreement under a C-BED project.
Neb. Rev. Stat. § 70-1909 Electric supplier; limit on eminent domain.
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An electric supplier as defined in section 70-1001.01 may agree to limit its exercise of the power of eminent domain to acquire a C-BED project and any related facilities if such electric supplier enters into a contract to purchase output from such C-BED project for a term of ten…
Neb. Rev. Stat. § 70-2001 Legislative findings.
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The Legislature finds that it is in the public interest to: (1) Encourage customer-owned renewable energy resources; (2) Stimulate the economic growth of this state; (3) Encourage diversification of the energy resources used in this state; and (4) Maintain low-cost, reliable elec…
Neb. Rev. Stat. § 70-2002 Terms, defined.
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For purposes of sections 70-2001 to 70-2005: (1) Customer-generator means an end-use electricity customer that generates electricity on the customer's side of the meter from a qualified facility; (2) Interconnection agreement means an agreement between a local distribution utilit…
Neb. Rev. Stat. § 70-2003 Local distribution utility; interconnect qualified facility of customer-generator; interconnection agreement; requirements; powers and duties.
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(1) A local distribution utility shall interconnect the qualified facility of any customer-generator that enters into an interconnection agreement with the local distribution utility, satisfies the requirements for a qualified facility and all other requirements of sections 70-20…
Neb. Rev. Stat. § 70-2004 Customer-generator; inspection required; notice to local distribution utility; ownership of credits.
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(1) A customer-generator shall request an inspection from the State Electrical Division pursuant to subsection (1) of section 81-2124 or subsection (1) of section 81-2125 and shall provide documentation of the completed inspection to the local distribution utility prior to interc…
Neb. Rev. Stat. § 70-2005 Annual net metering report; contents.
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Beginning March 1, 2010, and on each March 1 thereafter, each local distribution utility shall produce and publish on its website, or if no website is available, in its main office, and provide to the Nebraska Power Review Board an annual net metering report that shall include th…
Neb. Rev. Stat. § 70-2101 Act, how cited.
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Sections 70-2101 to 70-2105 shall be known and may be cited as the Public Power Infrastructure Protection Act.
Neb. Rev. Stat. § 70-2102 Legislative findings.
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The Legislature finds that the public has an interest in the uninterrupted generation and transmission of electricity by public power suppliers in this state. The Legislature finds that it is in the public interest to protect facilities and infrastructure used in the generation, …
Neb. Rev. Stat. § 70-2103 Public power supplier, defined.
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For purposes of the Public Power Infrastructure Protection Act, public power supplier means a public power district organized under Chapter 70, article 6, a public power and irrigation district, a municipality, a registered group of municipalities, an electric cooperative, an ele…
Neb. Rev. Stat. § 70-2104 Prohibited acts; penalty.
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A person shall be guilty of a Class IV felony if he or she willfully and maliciously: (1) Damages, injures, or destroys or attempts to damage, injure, or destroy: (a) Any machine, appliance, facility, or apparatus owned by a public power supplier that is used for generating elect…
Neb. Rev. Stat. § 70-2105 Nuclear electrical generating facility; nuclear fuel; prohibited acts; penalty.
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(1) A person shall be guilty of a Class II felony if he or she willfully and maliciously (a) destroys or causes or attempts to cause damage or loss to a nuclear electrical generating facility or its components, including the electrical transmission lines or switching equipment us…
Neb. Rev. Stat. § 70-2201 Large Load Customer Regulation Act, how cited.
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Sections 70-2201 to 70-2204 shall be known and may be cited as the Large Load Customer Regulation Act.
Neb. Rev. Stat. § 70-2202 Terms, defined.
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For purposes of the Large Load Customer Regulation Act: (1) Large load customer means a retail load customer requesting a new or expanded interconnection where the total load at a single site would exceed twenty megawatts; (2) Onsite backup generating facilities means (a) generat…
Neb. Rev. Stat. § 70-2203 Public power suppliers; establish standards for interconnecting large load customers; additional requirements.
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(1) Public power suppliers shall establish standards for interconnecting large load customers in a manner designed to support business development in this state while mitigating the potential for stranded infrastructure costs and maintaining system reliability. The standards shal…
Neb. Rev. Stat. § 70-2204 Public power suppliers; procedures for load management.
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Public power suppliers shall develop a procedure to: (1) Procure demand response, reductions, and load flexibility from large load customers; and (2) In the event of grid instability or an emergency condition, require the affected large load customers to curtail load or, for thos…
Neb. Rev. Stat. § 70-301 Right-of-way; acquisition; procedure; approval.
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Any public power district, corporation, or municipality that engages in the generation or transmission, or both, of electric energy for sale to the public for light and power purposes, the production, storage, or distribution of hydrogen for use in fuel processes, or the producti…
Neb. Rev. Stat. § 70-303 Right-of-way; abandonment, effect of.
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If any pole line or underground line constructed under section 70-301 be abandoned for a period of five years, the right-of-way or easement acquired for its construction shall revert to the owner of the property affected.
Neb. Rev. Stat. § 70-304 Right-of-way; acquisition; crop damage.
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Any such public power district, corporation or municipality acquiring any easement or right-of-way hereunder shall be liable to the owner of the land affected for any damage to growing crops not included in the original settlement or award.
Neb. Rev. Stat. § 70-305 Right-of-way; damage to private property; procedure.
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Any person engaged in the generating or transmitting of electric current for sale, use, or purchase in the state for power or other purposes is granted the right-of-way for all necessary poles and wires along, within, and across any of the public highways of this state. Such pers…
Neb. Rev. Stat. § 70-306 Placement of lines; procedure.
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(1) Any electric wire shall be placed at least eighteen feet above all road crossings. Any electric poles and wires shall be so placed as not to interfere with the public use of such highways, and if practicable, the poles shall be set upon the line of such highways. (2) If any p…
Neb. Rev. Stat. § 70-307 Placement of lines; violation; penalty.
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If any person engaged in distributing, generating, or transmitting electric current for power or other purposes by means of wires constructs or places electric wires over the railroad tracks, telegraph wires, or rights-of-way of any railroad company in violation of section 70-305…
Neb. Rev. Stat. § 70-308 Property within village or city; how treated.
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Section 70-305 shall not be construed to grant any rights within the corporate limits of any village or city in this state.
Neb. Rev. Stat. § 70-309 Electrical transmission lines; state or federal highways; regulation by Department of Transportation.
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If the public road, along, upon, across, or under which the right to construct, operate, and maintain the electrical transmission line is granted, is a state or federal highway, then the location and installation of the electrical transmission facilities, insofar as they pertain …
Neb. Rev. Stat. § 70-311 Electric transmission or electric distribution lines; notice of road, road ditch improvement, or other projects; when given.
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(1) Whenever any county or township road construction, widening, repair, or grading project or any road ditch improvement project requires, or can reasonably be expected to require, the performance of any work within ten feet of any electric transmission or electric distribution …
Neb. Rev. Stat. § 70-312 Electric transmission or electric distribution lines; notice of widening of roads; contents.
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The notice required by section 70-311 shall state the nature and location of the work to be done and the date on which such work is scheduled to commence. In the event of any change in the scheduled time of starting such work, notice of such change shall be given as soon as pract…
Neb. Rev. Stat. § 70-313 Electric transmission or electric distribution lines; liability; cost of removal.
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Any owner of any electric transmission or electric distribution line failing to move its lines, poles, or anchors located near a public highway in accordance with the notice provided by section 70-311 shall be liable to the county or township for the cost of relocating such lines…
Neb. Rev. Stat. § 70-407 Terms, defined.
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For the purpose of Chapter 70 the following words shall be construed to mean as follows: (1) A kilowatt hour shall be deemed and considered to equal one thousand watts, or the energy resulting from an activity of one kilowatt continued for one hour, which equals about one and one…
Neb. Rev. Stat. § 70-408 Electric companies; rates; kilowatt-hour meter; demand meter; minimum charge authorized.
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All charges, made for electrical energy for residential, commercial, and farm purposes by any person, firm, corporation, or municipality engaged in the sale of electrical energy in cities of the first class having a population of more than five thousand and less than twenty-five …
Neb. Rev. Stat. § 70-409 Electric companies; rate regulations; violation; penalty.
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Any person, firm or corporation, their employees, agents or servants, who shall violate any of the provisions of sections 70-407 and 70-408 shall be guilty of a Class V misdemeanor.
Neb. Rev. Stat. § 70-501 Extension authorized; electric energy; sale; contracts authorized; payments from net earnings and profits.
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Any city, village, or public electric light and power district within the state, which may own or operate, or hereafter acquire or establish, any electric light and power plant, distribution system and transmission lines may, at the time of or at any time after such acquisition o…
Neb. Rev. Stat. § 70-502 Electric energy; sale or purchase; interconnections; contracts authorized.
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For the purpose of selling or purchasing electrical energy for lighting, heating or power purposes, any city, village, or public electric light and power district in this state is hereby authorized to enter into agreements to connect and interconnect its electric light and power …
Neb. Rev. Stat. § 70-503 Acquisition, extension, and improvements; pledge of earnings or profits authorized.
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In lieu of the issuance of bonds or the levy of taxes as otherwise by law provided, and in lieu of any other lawful methods or means of providing for the payment of indebtedness, any city, village, or public electric light and power district within this state shall have the power…
Neb. Rev. Stat. § 70-504 Sale, lease, or transfer; election and voter approval required; exceptions; procedure.
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In the following cases, a sale, lease, or transfer of any electric light or power plant, distribution system, or transmission line shall not be valid unless the sale, lease, or transfer is authorized at any state or municipal election, including a primary or special election, exc…
Neb. Rev. Stat. § 70-505 Sale, lease, or transfer; documents; filing.
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In order to consummate and complete the sale, lease, or transfer of any electric light and power plant, distribution system, or transmission lines by any city, village, or public electric light and power district of this state, to any private person, firm, association, or corpora…
Neb. Rev. Stat. § 70-506 Sale, lease, or transfer; statement and report; contents; filing.
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At the same time, and accompanying said documents and instruments of sale and transfer, there shall be filed with the Nebraska Power Review Board a statement and report, in form and detail to be approved by the Nebraska Power Review Board and the Attorney General, clearly setting…
Neb. Rev. Stat. § 70-507 Sale, lease, or transfer; statement and report; certification; filing.
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Such statement and report shall be certified and sworn to as correct by the presiding officer of the governing body of such municipality or public electric light and power district, as the case may be, and shall also have thereto attached the certificate and oath of the presiding…
Neb. Rev. Stat. § 70-508 Sale, lease, or transfer; false statement, report, or certificate; penalty.
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Whoever shall make, utter or subscribe to any statement and report, or certificate, required under the provisions of sections 70-506 and 70-507, knowing or having reason to believe that any such statement and report, or certificate, is false, shall be guilty of a Class IV felony.
Neb. Rev. Stat. § 70-509 Sale, lease, or transfer; evidence of valuation.
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Any instrument, statement and report, or certificate filed with the Nebraska Power Review Board, as provided for in Chapter 70, article 5, or certified copies thereof, shall be competent evidence in any hearing or proceeding involving the valuation of the electric light and power…
Neb. Rev. Stat. § 70-510 Sale, lease, or transfer; promotion expenditures; limitation.
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No private person, firm, association or corporation proposing to purchase, lease, or otherwise acquire any electric light and power plants, distribution system or transmission lines, from any city, village, or public electric light and power district of this state, nor any one on…
Neb. Rev. Stat. § 70-511 Sale, lease, or transfer; excessive promotion expenditures; violation; penalty.
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Any person, firm or corporation, violating any provision of section 70-510 shall be guilty of a Class IV felony.
Neb. Rev. Stat. § 70-512 Sale, lease, or transfer; excessive promotion expenditures; action to invalidate; procedure.
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Any violation of section 70-510 shall nullify and render wholly void any such proposed purchase, lease or acquisition; Provided, however, any action to set aside and render invalid any such sale, lease, transfer or acquisition, under the provisions of said section, shall be broug…
Neb. Rev. Stat. § 70-513 Sale, lease, or transfer; promotion expenditures; statement.
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Within ten days after any election upon the proposition of the sale, lease or transfer of any electric light or power plant, distribution system or transmission lines, as provided by section 70-504, the person, firm, association or corporation proposing to make or secure such pur…
Neb. Rev. Stat. § 70-514 Sale, lease, or transfer; promotion expenditures; failure to file statement; penalty.
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Any person, firm, association or corporation who shall fail or refuse to file such statement, or who shall subscribe to such statement, knowing the same to be false, shall be guilty of a Class IV felony.
Neb. Rev. Stat. § 70-515 Applicability of laws.
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All provisions of law, now applicable to electric light and power corporations as regards the use and occupation of the public highways, and the manner or method of construction and physical operation of plants, systems, and transmission lines, shall be applicable, as nearly as m…
Neb. Rev. Stat. § 70-601 Terms, defined.
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For purposes of Chapter 70, article 6, unless the context otherwise requires: (1) District means a public power district, public irrigation district, or public power and irrigation district, organized under Chapter 70, article 6, either as originally organized or as the same may …
Neb. Rev. Stat. § 70-601.01 Ethanol production and distribution; hydrogen production and distribution; legislative findings.
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(1) The Legislature finds and declares that: (a) Nebraska has been and will continue to be a state which is dependent on a stable, income-producing farm sector; (b) When agriculture fails to produce adequate income for farmers, ranchers, and agricultural business interests within…
Neb. Rev. Stat. § 70-602 District; creation; general powers.
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A district may be created as hereinafter provided and, when so created, shall be a public corporation and political subdivision of this state and may sue or be sued in its corporate name. A district may be composed of the territory of one or more municipalities as defined in subs…
Neb. Rev. Stat. § 70-603 District; organization; amendment of charter; petition.
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A district may be organized and may amend its charter under Chapter 70, article 6, by filing in the office of the Nebraska Power Review Board a petition in compliance with requirements set forth in Chapter 70, article 6, and receiving the approval of the petition by the Nebraska …