Chapter 70 — POWER DISTRICTS AND CORPORATIONS
528 sections in this chapter.
Neb. Rev. Stat. § 70-604.03 Operating area; boundary lines; establish; voting precinct division; request by retail customer to vote or hold office; certification procedure.
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(1) To establish boundary lines of an operating area coincident with the boundary lines of whole or divided voting precincts or county boundary lines, it shall be permissible to eliminate area from or add area to the operating area so that retail distribution areas are identified…
Neb. Rev. Stat. § 70-604.04 Operating area; electric utility not included, when; wholesale supplier; duties.
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Interconnections of plant or system primarily for the purpose of rendering emergency or temporary electric service to another electric utility, in order to maintain adequate reserve capacity for all the electric utilities involved or to pool spare plant or system capacity, shall …
Neb. Rev. Stat. § 70-604.05 District; noncompliance; complaint; hearing; notice; order; failure to comply; penalty.
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When it appears that one or more districts are in noncompliance with the provisions of Chapter 70, article 6, the corporate amendments required to comply shall be made generally in accordance with the procedures and requirements contained in Chapter 70, article 6. In the absence …
Neb. Rev. Stat. § 70-604.06 Nebraska Power Review Board; final action; appeal; manner.
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An appeal of any final action of the Nebraska Power Review Board may be taken to the Court of Appeals. Such appeal shall be in accordance with the rules provided by law for appeals in civil cases.
Repealed. Laws 1986, LB 949, § 17.
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[Repealed or reserved.]
Neb. Rev. Stat. § 70-604.08 District; reorganization, consolidation, or merger; directors; continue to serve term.
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In the event of a reorganization, consolidation, or merger of any district or districts, directors of the districts involved and who are in office at the time of such reorganization, consolidation, or merger may continue to serve as directors of the resulting reorganized, consoli…
Neb. Rev. Stat. § 70-604.09 District; conduct business in other states; limitations.
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A public power district may exercise its powers and engage in business either in the State of Nebraska or in any other state subject to any limitations in the petition for its creation and to the laws of such other state. In order to exercise its powers or engage in business in a…
Neb. Rev. Stat. § 70-605 District; original creation; petition; signatures; number required.
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The petition for the original creation of a district shall be signed by fifteen percent of the registered voters of the municipality or municipalities as defined in subsection (2) of section 70-601 the combined territory of which composes the territory of the proposed district. I…
Neb. Rev. Stat. § 70-606 District; petition requirements.
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The petition for the original creation of a district shall conform to the requirements of section 32-628.
Neb. Rev. Stat. § 70-607 District; petition; investigation; approval.
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Upon receipt of such petition it shall be the duty of the Nebraska Power Review Board at once to make an investigation of the proposed district and of its proposed plants, systems, or irrigation works, and, if deemed by the Nebraska Power Review Board feasible and conforming to p…
Neb. Rev. Stat. § 70-608 District; certificate of approval; filing.
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The Nebraska Power Review Board shall immediately cause one of the certificates to be forwarded to and filed in the office of the Secretary of State and the other one in the office of the county clerk of the county in which the principal place of business of the district is locat…
Neb. Rev. Stat. § 70-609 District; board of directors; assumption of duties.
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Immediately upon the filing of the certificate in the office of the Secretary of State and in the office of the county clerk, the members of the board of directors named in the petition, or appointed by the Governor in case the district has within its boundaries twenty-five or mo…
Neb. Rev. Stat. § 70-609.01 Board of directors; statement of public policy.
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Because of the importance of electrical energy to the present and future development of the state, the effect of the operations of public power districts on both its citizens and economy, and the significant impact of the action or inaction of a public power district not only on …
Neb. Rev. Stat. § 70-610 Board of directors; candidate qualifications; election; expenses.
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(1) After the selection of the original board of directors of a district as provided for in sections 70-604 and 70-609, successors shall be nominated and elected as provided in section 32-512. Elections shall be conducted as provided in the Election Act. (2) A candidate for direc…
Neb. Rev. Stat. § 70-611 Board of directors; election; certified notice; publication.
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(1) Not later than January 5 in each even-numbered year, the secretary of the district in districts grossing forty million dollars or more annually shall certify to the Secretary of State on forms prescribed by the Secretary of State the names of the counties in which all registe…
Neb. Rev. Stat. § 70-612 Board of directors; election; subdivisions; procedure.
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(1)(a) Subject to the provisions of Chapter 70, article 6, and subject to the approval of the Nebraska Power Review Board, the board of directors of a district, other than a district with a service area containing a city of the metropolitan class, may amend the petition for its c…
Repealed. Laws 1975, LB 453, § 61.
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[Repealed or reserved.]
Repealed. Laws 1994, LB 76, § 615.
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[Repealed or reserved.]
Repealed. Laws 1967, c. 418, § 16.
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[Repealed or reserved.]
Repealed. Laws 1967, c. 418, § 16.
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[Repealed or reserved.]
Neb. Rev. Stat. § 70-615 Board of directors; vacancy; how filled.
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(1) In addition to the events listed in section 32-560, a vacancy on the board of directors shall exist in the event of the (a) removal from the chartered area of any director, (b) removal from the subdivision from which such director was elected except as otherwise provided in s…
Neb. Rev. Stat. § 70-616 Board of directors; oath.
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Before entering upon the duties of his office, every member elected to membership on the board of directors shall take and subscribe to an oath to support the Constitution of the United States and the Constitution of the State of Nebraska, and faithfully and impartially to perfor…
Repealed. Laws 2000, LB 901, § 10.
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[Repealed or reserved.]
Repealed. Laws 1984, LB 975, § 14.
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[Repealed or reserved.]
Neb. Rev. Stat. § 70-619 Board of directors; qualifications; eligibility to serve.
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(1) The corporate powers of the district shall be vested in and exercised by the board of directors of the district. No person shall be qualified to hold office as a member of the board of directors unless (a) he or she is a registered voter (i) of such chartered territory, (ii) …
Neb. Rev. Stat. § 70-620 Officers; appointment; treasurer's bond.
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(1) In districts receiving annual gross revenue of less than forty million dollars, the board of directors shall appoint the officers of the district, who shall be a president, a vice president, a secretary, and a treasurer, and the board shall appoint such executive committee an…
Neb. Rev. Stat. § 70-620.01 Chief executive officer; terms of employment; powers; duties.
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In districts receiving annual gross revenue of less than forty million dollars, a general manager may be employed on such terms as the board deems advisable. He or she shall be chief executive officer of the district and, subject to the control of the board of directors, shall ma…
Neb. Rev. Stat. § 70-621 Board of directors; rules and regulations.
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The board of directors may adopt rules and regulations, or bylaws not inconsistent with the provisions of Chapter 70, article 6, for the conduct of the business and affairs of the district.
Neb. Rev. Stat. § 70-622 Books and records; where kept; open to inspection.
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The board of directors shall cause to be kept accurate minutes of their meetings and accurate records and books of account, conforming to approved methods of bookkeeping, clearly setting out and reflecting the entire operation, management and business of the district. Said books …
Neb. Rev. Stat. § 70-623 Fiscal year; annual audit; filing.
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The fiscal year of the district shall coincide with the calendar year, except that a district with only one wholesale customer that is a city or a village may use the same fiscal year as the city or village. The board of directors, at the close of each year's business, shall caus…
Repealed. Laws 1981, LB 181, § 66.
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[Repealed or reserved.]
Neb. Rev. Stat. § 70-623.02 Audit; records accessible to auditor.
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The audit required by section 70-623 shall be made at the close of the fiscal year. The person making the audit shall have access to all books, records, vouchers, papers, contracts, or other data containing information on the subject (1) in the office of the public power or publi…
Neb. Rev. Stat. § 70-623.03 Failure to file audit; effect.
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If any public power district fails to file a copy of an audit within the time prescribed in section 70-623, then its books, records, and financial affairs shall, within one hundred eighty days after the close of the fiscal year of the district, be audited by a certified public ac…
Neb. Rev. Stat. § 70-624 Officers; compensation; approval; publication; violation; penalty.
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(1) In no event shall the compensation, as a salary or otherwise, of any general manager or president, assistant general manager or vice president, or other officer be approved except by the vote of approval of two-thirds or more of the members of the board of directors. The reco…
Neb. Rev. Stat. § 70-624.01 District; agent; cost-plus contracts prohibited.
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No district shall hereafter pay or agree to pay any agent a fee or other compensation, for services rendered or to be rendered in connection with the acquisition of any property by any such district, which fee or compensation increases with the amount of the purchase price of the…
Neb. Rev. Stat. § 70-624.02 Board of directors; expenses; compensation; prohibitions; exceptions.
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The members of the board of directors shall be paid their actual expenses, while engaged in the business of the district under the authority of the board of directors, and, for their services, such compensation as shall be fixed by the board of directors. The boards of directors …
Neb. Rev. Stat. § 70-624.03 Board of directors; plan of insurance for benefit of employees and dependents; may establish.
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The board of directors may establish a plan of insurance, designed and intended for the benefit of the employees of the district and the dependents of employees of the district, and, in the discretion of the board, expend funds of the district for the payment of premiums for such…
Neb. Rev. Stat. § 70-624.04 Directors and employees; hold other elective office; interest in certain agreements; contract or agreement not void or voidable; when.
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(1) Directors and employees of public power districts, public power and irrigation districts, and public utility companies shall be permitted to hold other elective office as provided in section 32-604. No contracts of any such public power district, public power and irrigation d…
Neb. Rev. Stat. § 70-625 Public power district; powers; restrictions.
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(1) Subject to the limitations of the petition for its creation and all amendments to such petition, a public power district has all the usual powers of a corporation for public purposes and may purchase, hold, sell, and lease personal property and real property reasonably necess…
Neb. Rev. Stat. § 70-625.01 Rural areas; legislative findings and declarations.
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The Legislature finds and declares that: (1) There are rural areas in the state which are experiencing declines in economic activity and the outmigration of rural residents which is eroding the tax base of those rural areas and undermining the ability of the state and local gover…
Neb. Rev. Stat. § 70-625.02 Electric transmission facilities and interconnections, defined; policy of state.
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It is declared to be the policy of the State of Nebraska that electric transmission facilities and interconnections which are defined as being electric lines having a rating of thirty-four thousand five hundred volts and higher will be provided and made available to all power age…
Neb. Rev. Stat. § 70-626 Electric light and power, hydrogen, and ethanol systems authorized; construction; acquisition; contracts authorized; copy filed with Nebraska Power Review Board.
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Subject to the limitations of the petition for its creation and all amendments thereto, a district may own, construct, reconstruct, purchase, lease, or otherwise acquire, improve, extend, manage, use, or operate any electric light and power plants, lines, and systems, any hydroge…
Neb. Rev. Stat. § 70-626.01 Generating power agency; duty to sell electrical energy; when.
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A district, individual municipality, or group of municipalities registered with the Nebraska Power Review Board which is engaged in the generation and transmission of electrical energy, all of which are referred to in Chapter 70, article 6, by the term generating power agency, sh…
Neb. Rev. Stat. § 70-626.02 Generating power agency; physical connections; establish; rates.
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A generating power agency shall establish a physical connection of its transmission lines and associated facilities with the facilities of a distribution power agency or with the facilities of an intervening power agency when requested by the distribution power agency and shall m…
Neb. Rev. Stat. § 70-626.03 Transmission facilities of other power agency; available for transmission of electric energy; rates.
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Surplus capacity in transmission facilities owned by any other power agency shall be made available for transmitting and delivering electric energy to any Nebraska power agency. Electrical energy shall be transmitted and delivered over the transmission facilities by any power age…
Neb. Rev. Stat. § 70-626.04 Disagreement between power agencies; file complaint with Nebraska Power Review Board; notice; hearing; order advisory provision; effect.
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In the event of any disagreement between the generating power agency and a distribution power agency or between any of the power agencies, whether wholesale or retail, regarding the provisions of sections 70-626.01 to 70-626.03 and the use of transmission lines and associated fac…
Neb. Rev. Stat. § 70-626.05 Wheeling service; contract; dispute; exception; board; settlement.
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When a power agency has requested wheeling service under sections 70-626.01 to 70-626.03, the parties shall develop a contract for such wheeling service. Any provisions of the contract which cannot be resolved by the parties shall then be the subject of a dispute filed with the b…
Neb. Rev. Stat. § 70-627 Irrigation works; construction; acquisition; contracts authorized.
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Subject to the limitations of the petition for its creation and all amendments thereto, a public power district may own, construct, reconstruct, improve, purchase, lease, or otherwise acquire, extend, manage, use or operate any irrigation works, as defined in section 70-601, eith…
Repealed. Laws 1995, LB 120, § 3.
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[Repealed or reserved.]
Neb. Rev. Stat. § 70-627.02 District; radioactive material and energy; powers; development; contracts; financing; indemnification; when.
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In addition to all other rights and powers which may be possessed by a public power district or public power and irrigation district under the petition for its creation and all amendments thereto and other statutes, any such district which has radioactive material available to it…