Chapter 75, PUBLIC SERVICE COMMISSION
208 sections in this chapter.
Neb. Rev. Stat. § 75-1001 Act, how cited.
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Sections 75-1001 to 75-1012 shall be known and may be cited as the Water Service Regulation Act.
Neb. Rev. Stat. § 75-1002 Terms, defined.
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For purposes of the Water Service Regulation Act: (1) Commission shall mean the Public Service Commission; and (2) Private water company shall mean a privately owned entity organized for the purpose of furnishing water for domestic use or sewer services or both to the public, cit…
Neb. Rev. Stat. § 75-1003 Private water company; rates and charges; regulation by commission.
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The rates and charges of a private water company shall be regulated by the commission as provided in the Water Service Regulation Act. On or before July 1 each year, each private water company shall file a schedule of its rates and charges with the commission and shall also certi…
Neb. Rev. Stat. § 75-1004 Commission; access to books and records.
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The commission and its agents shall be entitled to access to all books, records, and other information of a private water company which may be necessary for the commission to determine whether it may exercise regulatory authority under the Water Service Regulation Act and to carr…
Neb. Rev. Stat. § 75-1005 Review of rates and charges; petition; hearing; notice.
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Within ninety days after July 1, 1994, a petition may be filed with the commission requesting a review of the established rates and charges. The petition shall be signed by at least twenty-five percent of the private water company's customers. Upon receipt of a petition, the comm…
Neb. Rev. Stat. § 75-1006 Change to rates or charges; notice.
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A private water company which proposes to change any of its rates or charges shall provide sixty days' notice to its customers and the commission of the proposed rates or charges.
Neb. Rev. Stat. § 75-1007 Change to rates or charges; petition; hearing; notice; procedure.
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(1) Prior to the effective date of the proposed rates or charges, a petition may be filed with the commission requesting a review of the proposed rates and charges. The petition shall be signed by at least twenty-five percent of the private water company's customers. Upon receipt…
Neb. Rev. Stat. § 75-1008 Commission; issue order; appeal; denial; effect.
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(1) After the conclusion of any hearing held pursuant to section 75-1005 or 75-1007, the commission shall grant or deny the rates or charges that were considered at the hearing and, if other rates or charges are to be adopted, shall decide on any modifications to the rates or cha…
Neb. Rev. Stat. § 75-1009 Rate or charge; yield authorized.
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(1) No rate or charge determined by the commission pursuant to the Water Service Regulation Act may yield more than a fair return on the fair value of property used and useful in rendering service to the public. (2) The commission shall not include in the basis for establishment …
Neb. Rev. Stat. § 75-101 Public Service Commission; members; qualifications; terms, defined.
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(1) The members of the Public Service Commission shall be resident citizens of this state, registered voters, and, if members of or practitioners in any profession, in good standing according to the established standards of such profession. The members of the Public Service Commi…
Neb. Rev. Stat. § 75-101.01 Public Service Commission; districts; numbers; boundaries; established by maps; Clerk of Legislature; Secretary of State; duties.
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(1) Based on the 2020 Census of Population by the United States Department of Commerce, Bureau of the Census, the State of Nebraska is hereby divided into five public service commissioner districts, and each public service commissioner district shall be entitled to one member. (2…
Neb. Rev. Stat. § 75-101.02 Public Service Commission; districts; population figures and maps; basis.
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For purposes of section 75-101.01, the Legislature adopts the official population figures and maps from the 2020 Census Redistricting (Public Law 94-171) TIGER/Line Shapefiles published by the United States Department of Commerce, Bureau of the Census.
Neb. Rev. Stat. § 75-1010 Rules and regulations.
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The commission may adopt and promulgate rules and regulations necessary to carry out the Water Service Regulation Act.
Neb. Rev. Stat. § 75-1011 Violation; civil penalty.
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Notwithstanding section 75-156, any private water company that violates any provision of the Water Service Regulation Act or any rule, regulation, or order of the commission shall be subject to a civil penalty of not less than fifty dollars nor more than one thousand dollars for …
Neb. Rev. Stat. § 75-1012 Enforcement of act.
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(1) Notwithstanding section 75-156, whenever it appears that a private water company has violated, is violating, or is threatening to violate any provision of the Water Service Regulation Act or any rule, regulation, or order of the commission, the commission may institute a civi…
Neb. Rev. Stat. § 75-102 Commissioners; official oath.
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Before entering upon the duties of office, each of the commissioners shall take and subscribe to the oath of office prescribed in the Constitution of Nebraska and shall, in addition thereto, swear that he or she is not directly or indirectly interested in any common carrier or ju…
Neb. Rev. Stat. § 75-103 Vacancies; appointment.
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The Governor shall fill all vacancies in the office of commissioner by appointment, and a person so appointed shall fill such office for the unexpired term.
Neb. Rev. Stat. § 75-104 Commissioners; salary; commissioners and employees; expenses; when allowed.
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(1) Until January 4, 2007, the annual salary of each commissioner shall be fifty thousand dollars. Commencing January 4, 2007, the annual salary of each commissioner shall be seventy-five thousand dollars. (2) Each commissioner shall be entitled to receive from the state his or h…
Neb. Rev. Stat. § 75-104.01 Commissioner; salary increase; when effective.
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Section 75-104 shall be so interpreted as to effectuate its general purpose, to provide, in the public interest, adequate compensation as therein provided for public service commissioners, and to permit a change in such salaries as soon as the same may become operative under the …
Neb. Rev. Stat. § 75-105 Seal; office; employees.
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The commissioners shall be known collectively as the Public Service Commission and shall have a seal, which may be either an engraved or ink stamp seal, similar to the seal of this state, with the words Public Service Commission of Nebraska included thereon. They shall be furnish…
Neb. Rev. Stat. § 75-106 Executive director; qualifications; salary; duties; fees for transcripts.
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Any person who is eligible to hold the office of commissioner shall also be eligible to hold the office of executive director. The salary of the executive director shall be fixed by the commission, payable monthly. The executive director shall take the same oath as the commission…
Neb. Rev. Stat. § 75-108 Attorney General; act as legal advisor.
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The commission may consult the Attorney General with reference to any matter upon which it may require advice, and the Attorney General shall give such advice as the commission may require and perform such other services within the line of duty as the commission may require.
Neb. Rev. Stat. § 75-109 Commission; regulatory powers; scope.
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Except as provided in the Agricultural Suppliers Lease Protection Act and sections 86-124 and 86-143, the commission shall regulate and exercise general control as provided by law over all common and contract carriers engaged in the transportation of freight or passengers for hir…
Neb. Rev. Stat. § 75-109.01 Jurisdiction.
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Except as otherwise specifically provided by law, the Public Service Commission shall have jurisdiction, as prescribed, over the following subjects: (1) Common carriers, generally, pursuant to sections 75-101 to 75-158; (2) Grain pursuant to the Grain Dealer Act and the Grain War…
Neb. Rev. Stat. § 75-110 Rules and regulations.
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(1) The Public Service Commission shall adopt and promulgate rules and regulations for the government of its proceedings, including rules of procedure for notice and hearing. The commission shall adopt and promulgate rules and regulations which the commission deems necessary to r…
Neb. Rev. Stat. § 75-110.01 Application or petition for authority or relief; procedures.
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A summary of the authority or relief sought in an application or petition shall be set out in the notice given according to the rules the commission shall adopt. After notice of an application or petition has been given as provided by the rules for notice, the commission may proc…
Neb. Rev. Stat. § 75-1101 211 Information and Referral Network; Public Service Commission; award grant; application; eligibility; use; 211 Cash Fund; created; use; investment.
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(1) For purposes of this section, 211 Information and Referral Network means a statewide information and referral network providing information to the public regarding disaster and emergency response and health and human services provided by public and private entities throughout…
Neb. Rev. Stat. § 75-111 Commission; investigatory powers.
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The commission shall investigate any and all cases of alleged neglect or violation of the laws of this state within the jurisdiction of the commission as enumerated in section 75-109.01 and take such action with reference to the neglect or violation as may be provided by law.
Neb. Rev. Stat. § 75-112 Commissioners and examiners; powers; certification of official acts.
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(1) For purposes of carrying out the powers and duties of the commission related to the subjects under its jurisdiction enumerated in section 75-109.01, each commissioner and examiner of the commission may: (a) Administer oaths; (b) Compel the attendance of witnesses; (c) Examine…
Neb. Rev. Stat. § 75-113 Records; prescribe; inspection.
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The commission may prescribe the forms of any and all accounts and records to be kept by a regulated motor carrier as defined in section 75-302 or common carriers subject to its jurisdiction, including the accounts, records, and memoranda of the movement of traffic as well as the…
Neb. Rev. Stat. § 75-114 Records; refusal to permit examination; penalty.
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Any motor carrier or regulated motor carrier as defined in section 75-302, any common carrier, or any other person who has in his or her possession any book, paper, document, or record belonging to any carrier subject to the jurisdiction of the commission and who, upon proper dem…
Neb. Rev. Stat. § 75-115 Examinations and inspections; authorized; duty and power to repair; notice; injunctions; carrier enforcement division; powers.
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(1) The commission shall have the power to examine and inspect, from time to time, the condition of each motor carrier or regulated motor carrier as defined in section 75-302 or each common carrier, the carrier's equipment, and the manner of the carrier's conduct and management, …
Neb. Rev. Stat. § 75-116 Annual report; filing requirements; fee.
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Each regulated motor carrier as defined in section 75-302 or common carrier required to furnish an annual report with a federal regulatory agency shall file a copy of the report with the commission on or before the date on which such report is filed with such agency. Each such ca…
Neb. Rev. Stat. § 75-117 Order of commission; failure to comply; penalty.
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Any motor carrier or regulated motor carrier as defined in section 75-302 or common carrier which fails, neglects, or refuses to comply with any order of the commission shall be guilty of a Class IV misdemeanor. Each day during which such failure, neglect, or refusal continues sh…
Neb. Rev. Stat. § 75-118 Commission; duties.
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The commission shall: (1) Fix all necessary rates, charges, and regulations governing and regulating the transportation of passengers by any common carrier in Nebraska intrastate commerce; (2) Authorize the transportation of (a) household goods under a license issued pursuant to …
Neb. Rev. Stat. § 75-118.01 Certificate, permit, tariff, rule, or regulation; interpretation; jurisdiction.
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Except as otherwise provided in the Administrative Procedure Act, the commission shall have original exclusive jurisdiction to determine the validity of a rule or regulation and the scope or meaning of a certificate, permit, tariff, rule, or regulation. Upon petition or complaint…
Neb. Rev. Stat. § 75-119 Rate, rule, or regulation; petition to prescribe or fix; procedure.
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When any common carrier or other interested person petitions the commission alleging that a rate, rule, or regulation should be prescribed when none exists or alleging that an existing rule, regulation, or rate is unreasonably high or low, unjust, or discriminatory, notice shall …
Neb. Rev. Stat. § 75-121 Emergency rate orders; when authorized.
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To prevent interstate rate wars and injury to any common carrier or other person or in case of any other emergency to be judged by the commission, the commission shall temporarily alter, amend, or suspend any existing rates in force in respect to any common carrier or fix any suc…
Neb. Rev. Stat. § 75-123 Rates; hearing; criteria.
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The following criteria shall be among those considered by the commission in fixing, modifying, or annulling any rate: (1) The lowest rates published or charged by any common carrier for substantially the same kind of service, whether in this state or another state, shall, when in…
Neb. Rev. Stat. § 75-124 Rates; publication.
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The commission may compile and reproduce tariffs containing the schedules of rates and charges for transportation of persons and, until July 1, 2021, household goods. The commission may make a charge for copies of such tariffs to cover the cost of reproducing, supplementing, and …
Neb. Rev. Stat. § 75-125 Rate schedule; failure to publish; mandamus.
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Any common carrier which fails, refuses, or neglects to file or publish any schedule of rates, fares, and charges, or any part of the same, shall, in addition to other penalties prescribed in sections 75-101 to 75-155, be subject to a writ of mandamus to be issued by any district…
Neb. Rev. Stat. § 75-126 Unjust discrimination and practices prohibited; exceptions.
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(1) Except as otherwise provided in this section, no common carrier shall: (a) Charge, demand, collect, or receive from any person a greater or lesser compensation for any services rendered than it charges, demands, collects, or receives from any other person for doing a like or …
Neb. Rev. Stat. § 75-127 Unjust discrimination and practices; violations; penalties.
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Any common carrier, shipper, or consignee who willfully violates any provision of section 75-126 shall be guilty of a Class I misdemeanor. Any officer, agent, or employee who, for or on behalf of any common carrier, shipper, or consignee, willfully violates any provision of secti…
Neb. Rev. Stat. § 75-128 Hearings; when held; filing fee.
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(1) It is hereby declared to be the policy of the Legislature that all matters presented to the commission be heard and determined without delay. All matters requiring a hearing shall be set for hearing at the earliest practicable date and in no event, except for good cause shown…
Neb. Rev. Stat. § 75-129 Sessions and hearings; when and where held.
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The commission may hold sessions at any place in the state when deemed necessary to facilitate the discharge of its duties and may conduct the hearing and other proceedings provided for in sections 75-101 to 75-801, in the Major Oil Pipeline Siting Act, in the State Natural Gas R…
Neb. Rev. Stat. § 75-130 Witnesses; failure to testify or comply with subpoena; penalty; depositions; witness and other fees.
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In case any witness shall fail or refuse to obey any subpoena issued by the commission, or to produce before the commission such books, papers, documents or records as shall have been enumerated and required in any subpoena, or shall fail or refuse, when before the commission, to…
Neb. Rev. Stat. § 75-130.01 Contested case; ex parte communication prohibited; applicability of section.
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With respect to any matter of fact or law at issue in a contested case and notwithstanding any other provision of law, a member, staff, or agent of the Public Service Commission shall not during the pendency of any contested case heard before the commission have any ex parte comm…
Neb. Rev. Stat. § 75-131 Common or contract carriers; jurisdictional utility; complaint of violation; service; other proceedings.
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Any person who complains of anything done or omitted to be done by any common or contract carrier or jurisdictional utility may request that the commission investigate and impose sanctions on such carrier or jurisdictional utility by filing a petition which briefly states the fac…
Neb. Rev. Stat. § 75-132 Complaint; hearing; notice; order.
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If a carrier or jurisdictional utility does not satisfy a complaint filed pursuant to section 75-131 within the time allowed and there appears to be a reasonable ground for investigation of the complaint upon its merits, the commission shall convene a hearing on the matters compl…
Neb. Rev. Stat. § 75-132.01 Exclusive original jurisdiction; appeal.
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(1) Notwithstanding the provisions of section 75-131, the commission shall have exclusive original jurisdiction over any action concerning a violation of any provision of (a) the Automatic Dialing-Announcing Devices Act, the Intrastate Pay-Per-Call Regulation Act, the Nebraska Te…