Chapter 70 — POWER DISTRICTS AND CORPORATIONS
528 sections in this chapter.
Neb. Rev. Stat. § 70-659 Operation within city or village by district; franchise required.
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Any such district shall be required at all times to have a valid and subsisting franchise, either running to it as original grantee from such city or village, or assigned to it by or through a grantee of the city or village, if such district proposes to generate, distribute and s…
Neb. Rev. Stat. § 70-660 Franchise to operate utility; terms and conditions; rates prescribed.
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All franchises granted by a city or village to any such district, to operate such district's electric utility or utilities within the corporate limits of such city or village, may provide the maximum rates that may be charged by such district for furnishing electrical energy to s…
Neb. Rev. Stat. § 70-661 Contracts with city or village; terms and conditions.
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Contracts, other than franchises, which such city or village is empowered to make with any such district to furnish such city or village, or its inhabitants, with electrical energy, shall be made in the same manner and upon the same terms and conditions as such city or village is…
Neb. Rev. Stat. § 70-662 District; filings; amendments to petition for creation; amendments to charter; authorized; restriction.
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(1) A petition for the creation of a district organized under or subject to the provisions of Chapter 70, article 6, may be amended as provided in this section. Any district, now existing or hereafter created under or subject to Chapter 70, article 6, may file with the Nebraska P…
Neb. Rev. Stat. § 70-663 Amendment; approval procedure.
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Upon authorization as provided in section 70-662, the proposed amendment shall thereupon be submitted to the Nebraska Power Review Board, together with a petition setting forth the reasons for the adoption of such amendment, and requesting that the same be approved. The Nebraska …
Neb. Rev. Stat. § 70-664 Amendment; board approval; certificate; filing.
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Unless it shall appear affirmatively that the adoption of such proposed amendment will be contrary to the best interests of such district, or that it will jeopardize and impair the rights of the creditors of such districts, or of other persons, the Nebraska Power Review Board sha…
Neb. Rev. Stat. § 70-665 Amendment; when effective.
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Such proposed amendment shall become effective and in full force immediately upon the issuance of such certificate of approval by the Nebraska Power Review Board. Thereupon and thereafter the district shall, as in case of the original district, be a public corporation and politic…
Neb. Rev. Stat. § 70-666 Dissolution; procedure.
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Whenever a petition signed by a majority of the members of the board of directors or by twenty-five or more qualified electors of the state residing within the territorial boundaries of any district organized under or subject to Chapter 70, article 6, shall be presented to the Ne…
Neb. Rev. Stat. § 70-667 Plants, systems, and works; construction or operation; works of internal improvement; laws applicable; eminent domain; procedure; when available.
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All power plants and systems, all hydrogen production, storage, or distribution systems, all ethanol production or distribution systems, and all irrigation works constructed, acquired, used, or operated by any district organized under or subject to Chapter 70, article 6, or propo…
Neb. Rev. Stat. § 70-668 Streams; water rights; priority.
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In applying the provisions of law relating to the appropriation of water, priority of appropriation shall give the better right as between those using the water for the same purpose, but when the waters of any natural stream are not sufficient for the use of all those desiring to…
Neb. Rev. Stat. § 70-669 Streams; inferior rights; acquired by superior right; how compensated.
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No inferior right to the use of the waters of this state shall be acquired by a superior right without just compensation therefor to the inferior user. The just compensation paid to those using water for power purposes shall not be greater than the cost of replacing the power whi…
Neb. Rev. Stat. § 70-670 Eminent domain; procedure; duties of Attorney General; costs; certain property not subject to eminent domain; conditions.
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(1) In addition to any other rights and powers conferred upon any district organized under or subject to Chapter 70, article 6, each such district shall have and exercise the power of eminent domain to acquire from any person, firm, association, or private corporation any and all…
Neb. Rev. Stat. § 70-671 District; breaks, overflow, and seepage; liability.
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Any such district shall be liable for all breaks, overflow and seepage damage. Damages from seepage shall be recoverable when and if it accrues.
Neb. Rev. Stat. § 70-672 Water rights; eminent domain; condemnation; procedure.
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Whenever the directors of an irrigation district vote to acquire and appropriate by the exercise of the power of eminent domain any water being used for power purposes, or whenever any person, firm, association, corporation, or organization seeks to acquire any water being used f…
Neb. Rev. Stat. § 70-673 Competitive or proprietary information; withheld; when; procedures applicable.
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(1) Notwithstanding any other provision of law, the public power industry as defined in section 70-601 and the Nebraska Power Review Board may withhold competitive or proprietary information which would give an advantage to business competitors. Competitive information is informa…
Repealed. Laws 1951, c. 101, § 127.
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[Repealed or reserved.]
Repealed. Laws 1951, c. 101, § 127.
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[Repealed or reserved.]
Repealed. Laws 1951, c. 101, § 127.
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[Repealed or reserved.]
Repealed. Laws 1951, c. 101, § 127.
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[Repealed or reserved.]
Repealed. Laws 1951, c. 101, § 127.
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[Repealed or reserved.]
Repealed. Laws 1951, c. 101, § 127.
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[Repealed or reserved.]
Neb. Rev. Stat. § 70-680 Judicial proceedings; bond not required, when.
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No bond for costs, appeal, supersedeas, injunction, or attachment shall be required of any district organized under or subject to Chapter 70, article 6, or of any officer, board, head of any department, agent, or employee of such district in any proceeding or court action in whic…
Neb. Rev. Stat. § 70-681 Districts existing on August 30, 2009; director holding office when charter amended; how treated.
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In order to provide for orderly compliance with Chapter 70, article 6, districts existing on August 30, 2009, are hereby deemed to be properly constituted and incorporated and their directors duly elected and, notwithstanding any other provision of law, a district shall not be re…
Neb. Rev. Stat. § 70-682 Generating power agency; authority to engage in commodity futures financial hedging transactions; procedure; limitation.
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(1) For purposes of this section: (a) Generating power agency has the same meaning as in Chapter 70, article 6; and (b) Regional transmission organization has the same meaning as in section 70-1001.01. (2) Any generating power agency buying or selling fuel, power, or energy which…
Neb. Rev. Stat. § 70-701 Act, how cited.
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Sections 70-701 to 70-738 may be cited as the Electric Cooperative Corporation Act.
Neb. Rev. Stat. § 70-702 Terms, defined.
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For purposes of the Electric Cooperative Corporation Act, unless the context otherwise requires: (1) Corporation means a corporation organized pursuant to the act; (2) board means a board of directors of a corporation organized under the act; (3) member means the incorporators of…
Neb. Rev. Stat. § 70-703 Purpose.
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Cooperative, nonprofit, membership corporations may be organized for the purpose of engaging in rural electrification and the furnishing of electric energy to persons in rural areas not served with electrical energy through existing facilities within such rural areas.
Neb. Rev. Stat. § 70-704 Corporate powers.
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Each corporation shall have power: (1) To sue and be sued, complain, and defend, in its corporate name; (2) to have perpetual succession unless a limited period of duration is stated in its articles of incorporation; (3) to adopt a corporate seal, which may be altered at pleasure…
Neb. Rev. Stat. § 70-705 Who may organize.
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Any twenty or more natural persons, residents of the territory to be served by the corporation, of the age of twenty-one years or more, residents of this state, may act as incorporators of a corporation to be organized under sections 70-701 to 70-738 by executing articles of inco…
Neb. Rev. Stat. § 70-706 Articles of incorporation; contents.
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The articles of incorporation shall state (1) the name of the corporation, which name shall include the words electric cooperative and the word corporation, incorporated, inc., association or company, and the name shall be such as to not be deceptively similar to any other corpor…
Neb. Rev. Stat. § 70-707 Electric cooperative; use of term restricted.
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The words electric cooperative shall not be used in the corporate name of corporations organized under the laws of this state, or authorized to do business herein, other than those organized pursuant to the provisions of sections 70-701 to 70-738.
Neb. Rev. Stat. § 70-708 Articles of incorporation; filing; certificate of incorporation; issuance.
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The original copy of the articles of incorporation shall be signed by the incorporators, and acknowledged before any officer authorized by the law of this state to acknowledge the execution of deeds and conveyances. It shall be filed in the office of the Secretary of State. If th…
Neb. Rev. Stat. § 70-709 Certificate of incorporation; effect.
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Upon the filing of articles of incorporation with the Secretary of State, the corporate existence of the corporation shall begin. The certificate of incorporation shall be conclusive evidence, except as against the state, that all conditions precedent required to be performed by …
Neb. Rev. Stat. § 70-710 Organizational meeting; bylaws; adoption; election of officers; notice; waiver.
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After the issuance of the certificate of incorporation an organization meeting shall be held, at the call of a majority of the incorporators, for the purpose of adopting bylaws and electing officers, and for the transaction of such other business as may properly come before the m…
Neb. Rev. Stat. § 70-711 Bylaws; make, alter, amend, or repeal; contents.
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The power to make, alter, amend or repeal the bylaws of the corporation shall be vested in the board of directors. The bylaws may contain any provisions for the regulation and management of the affairs of the corporation not inconsistent with law or the articles of incorporation.
Neb. Rev. Stat. § 70-712 Membership; conditions.
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All persons in rural areas proposed to be served by a corporation shall be eligible to membership in a corporation. No person shall become, be or remain a member of a corporation unless such person shall use or agree to use electric energy furnished by the corporation. A corporat…
Neb. Rev. Stat. § 70-713 Meetings, where held; annual and special meetings.
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Meetings of members may be held at such place as may be provided in the bylaws. In the absence of any such provision, all meetings shall be held in the principal office of the corporation in this state. An annual meeting of the members shall be held at such time as may be provide…
Neb. Rev. Stat. § 70-714 Meetings; notice; waiver.
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Written or printed notice stating the place, day and hour of the meeting of members and, in the case of a special meeting, the purpose or purposes for which the meeting is called, shall be delivered not less than three nor more than five days before the date of the meeting, eithe…
Neb. Rev. Stat. § 70-715 Members; voting rights.
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Each member present shall be entitled to one, and only one, vote on each matter submitted to a vote at a meeting of members.
Neb. Rev. Stat. § 70-716 Membership certificate; issuance; transfer; conditions.
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When a member of a corporation has paid the membership fee in full, a certificate of membership shall be issued to such member. After such membership fee has been paid in full, memberships and certificates in the corporation shall be transferable upon the books of the corporation…
Neb. Rev. Stat. § 70-717 Meetings; quorum.
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Unless otherwise provided in the articles of incorporation, a majority of the members present in person shall constitute a quorum for the transaction of business at a meeting of members.
Neb. Rev. Stat. § 70-718 Board of directors; number; powers; qualifications.
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The business and affairs of a corporation shall be managed by a board of directors, not less than five in number, which shall exercise all the powers of the corporation except such as are conferred upon the members by sections 70-701 to 70-738, by the articles of incorporation, o…
Neb. Rev. Stat. § 70-719 Directors; alternate directors; election; compensation; expenses.
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The directors, other than those named in the certificate of incorporation to serve until the first annual meeting of members, shall be elected annually, or as otherwise provided in the bylaws, by the members. The directors shall be members of the corporation and shall be entitled…
Neb. Rev. Stat. § 70-720 Directors; alternate directors; vacancy; how filled.
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Any vacancy occurring in the board or in the position of alternate director, and any directorship to be filled, shall be filled as provided in the bylaws by persons who shall serve until directors or alternate directors may be regularly elected as provided for in section 70-719.
Neb. Rev. Stat. § 70-721 Board of directors; quorum; how determined.
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A majority of the board shall constitute a quorum for the transaction of business, unless a greater number is required by the articles of incorporation or the bylaws. The act of the majority of the directors present at a meeting at which a quorum is present shall be the act of th…
Neb. Rev. Stat. § 70-722 Board meetings; notice; waiver.
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Meetings of the board, regular or special, shall be held at such place and upon such notice as the bylaws may prescribe. Attendance of a director or alternate director at any meeting shall constitute a waiver of notice of such meeting, except where a director or alternate directo…
Neb. Rev. Stat. § 70-723 Officers; powers; duties; removal.
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The board shall elect from its number a president, a vice president, a secretary, and a treasurer, but the same person may be elected to the office of secretary and treasurer. The powers and duties of the foregoing officers, as well as their terms of office and compensation, shal…
Neb. Rev. Stat. § 70-724 Executive committee; powers.
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Any corporation may, by its bylaws, provide for an executive committee to be elected from and by its board of directors. To such committee may be delegated the management of the current and ordinary business of the corporation, and such other duties as the bylaws may prescribe, b…
Neb. Rev. Stat. § 70-725 Rates for electric energy and other services; nonprofit operation.
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Each corporation shall be operated without profit to its members, but the rates, fees, rents, or other charges, for electric energy, and any other facilities, supplies, equipment, appliances or services furnished by the corporation, shall be sufficient at all times (1) to pay all…
Neb. Rev. Stat. § 70-726 Revenue; use; surplus; return to consumer.
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The revenue of the corporation shall be devoted, first, to the payment of operating and maintenance expenses and the principal and interest on outstanding obligations, and thereafter to such reserves for improvement, new construction, depreciation and contingencies, as the board …