Chapter 70, POWER DISTRICTS AND CORPORATIONS
347 sections in this chapter.
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 …
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…
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…
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…
Neb. Rev. Stat. § 70-1404 Public power district; joint project authorized; limitation; study.
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(1) A public power district may plan, finance, develop, acquire, purchase, construct, reconstruct, improve, enlarge, own, operate, and maintain an undivided interest as a tenant in common in a project situated within or without the state jointly with one or more public power dist…
Neb. Rev. Stat. § 70-1405 Creation of joint authority; procedure; resolution; membership; considerations; notice; challenge.
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(1) The governing body of two or more public power districts may by resolution determine that it is in the best interests of the respective public power districts and their electric customers to create a joint authority. Such resolution shall be approved by a majority of the memb…
Neb. Rev. Stat. § 70-1406 Proposed joint authority; members; application; Nebraska Power Review Board; duties; proof of authority's establishment.
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(1) Upon fulfilling the requirements set forth in section 70-1405, the governing body of each public power district which determines that its participation in the proposed joint authority is in its best interest shall by resolution appoint one representative to the proposed joint…
Neb. Rev. Stat. § 70-1407 Joint authority; board of directors; appointment; votes; oath; officers; quorum; expenses; additional districts; withdrawal; dissolution.
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(1) The management and control of a joint authority shall be vested in a board of directors. The governing body of each member public power district of a joint authority shall appoint a representative who shall be a director of the joint authority. The representative, at the disc…
Neb. Rev. Stat. § 70-1408 Joint authority; executive committee; creation; exercise powers of board.
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The board of directors of a joint authority may create an executive committee the composition of which shall be set forth in the bylaws of the joint authority. The executive committee shall have and shall exercise the powers and authority of the board of directors during interval…
Neb. Rev. Stat. § 70-1409 Joint authority; rights and powers; enumerated.
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Each joint authority shall have all the rights and powers necessary or convenient to carry out and effectuate the purposes and provisions of the Joint Public Power Authority Act including, but not limited to, the right and power: (1) To adopt bylaws for the regulation of the affa…
Neb. Rev. Stat. § 70-1410 Joint authority; statutory restrictions applicable; when.
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Any joint authority created pursuant to sections 70-1401 to 70-1423 which is itself engaged in the generation, transmission, or sale of electrical energy, at wholesale or retail, or which is itself engaged in the construction, maintenance, expansion, improvement, or operation of …
Neb. Rev. Stat. § 70-1411 Joint authority; annual audit.
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Any joint financing authority created pursuant to sections 70-1401 to 70-1423 shall be required to submit to an annual audit in the same manner as a public power district pursuant to sections 70-623 to 70-623.03.
Neb. Rev. Stat. § 70-1412 Joint authority member; power and energy contracts; conditions; payments; member; furnish authority money, property, and services; authority; lend member funds.
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(1) Any public power district which is a member of the joint authority may contract to buy from the joint authority power and energy required for its present or future requirements, including the capacity and output of one or more specified projects. As the creation of a joint au…
Neb. Rev. Stat. § 70-1413 Joint authority project; sale of excess capacity; limitations; applicability.
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Excess capacity or output of a project not then required by any of the members of a joint authority shall be first offered for sale or exchange pursuant to section 70-626.01. Any sale of available capacity and energy from the joint authority's project shall only be for the period…
Neb. Rev. Stat. § 70-1414 Joint authority; issue bonds; pledge revenue; restrictions.
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A joint authority may issue bonds and pledge the revenue, or any portion thereof, derived or to be derived from all or any of its projects, and any additions and improvements to or extensions of such projects, or contributions or advances from or loans to its members to pay for t…
Neb. Rev. Stat. § 70-1415 Joint authority projects; bonds; issuance; proceeds; uses.
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(1) No joint authority shall undertake any project required to be financed, in whole or in part, with the proceeds of bonds without the approval of two-thirds of its members. A joint authority is hereby authorized to issue at one time or from time to time its bonds to pay all or …
Neb. Rev. Stat. § 70-1416 Bonds; secured by trust agreement; covenants authorized.
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In the discretion of the board of directors of the joint authority, any bonds issued under the Joint Public Power Authority Act may be secured by a trust agreement by and between the joint authority and a corporate trustee, which may be any trust company or bank having the powers…
Neb. Rev. Stat. § 70-1417 Directors; establish rates and fees; limitation; pledge; lien.
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A two-thirds majority vote of the directors of the joint authority present, with each member casting the number of votes to which he or she is entitled, is authorized to fix, charge, and collect rents, rates, fees, and charges for electric power and energy, hydrogen, ethanol, and…
Neb. Rev. Stat. § 70-1418 Funds from bond issuance; investment authorized; conditions.
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The resolution authorizing the bonds of any issue or the trust agreement securing such bonds may provide that any of such money may be temporarily invested and reinvested pending disbursements of such money in such securities and other investments as shall be provided in such res…
Neb. Rev. Stat. § 70-1419 Bondholder; trustee; enforcement of rights.
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Any holder of bonds issued under sections 70-1401 to 70-1423 or any of the coupons appertaining thereto, and the trustee under any trust agreement, except to the extent the rights pursuant to this section may be restricted by such trust agreement or the resolution authorizing the…
Neb. Rev. Stat. § 70-1420 Refunding bonds; issuance; conditions.
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A joint authority is hereby authorized to provide by resolution for the issuance of refunding bonds of the joint authority for the purpose of refunding any bonds then outstanding, in advance of their maturity or earlier redemption date, which shall have been issued under sections…
Neb. Rev. Stat. § 70-1421 Board of directors; grants-in-aid and loans; authorized; powers.
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The board of directors of a joint authority is hereby authorized to make application and to enter into contracts for and to accept grants-in-aid and loans from the federal and state governments and their agencies for planning, acquiring, constructing, expanding, maintaining, and …
Neb. Rev. Stat. § 70-1422 Sections, supplemental to other provisions.
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Sections 70-1401 to 70-1421 shall be deemed to provide an additional, alternative, and complete method for the doing of the things authorized thereby and shall be deemed and construed to be supplemental and additional to powers conferred by existing laws, and shall not be regarde…
Neb. Rev. Stat. § 70-1423 Sections, how construed.
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In order to effectuate the purposes and policies prescribed in sections 70-1401 to 70-1423, the provisions of sections 70-1401 to 70-1423 shall be liberally construed.
Neb. Rev. Stat. § 70-1501 Statement of policy.
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It is the public policy of this state to provide its citizens with adequate electric service at as low an overall cost as possible, consistent with sound business practices, and in furtherance of such policy it is necessary to avoid and eliminate conflict and competition among an…
Neb. Rev. Stat. § 70-1502 Suppliers; agreements authorized.
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In furtherance of the policy of this state as set forth in section 70-1501, suppliers of electric power and energy, including public power districts, nonprofit corporations, public power and irrigation districts, individual municipalities, registered groups of municipalities, pub…
Neb. Rev. Stat. § 70-1503 Agreement; Nebraska Power Review Board; approval required; procedure.
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Before any agreement made pursuant to section 70-1502 or amendment to such agreement shall become effective, it shall be submitted to and approved by the Nebraska Power Review Board. When requested to approve such agreement or amendment, the Nebraska Power Review Board shall dete…