Chapter 75 — PUBLIC SERVICE COMMISSION
316 sections in this chapter.
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…
Neb. Rev. Stat. § 75-133 Regulated parties; proceeding by commission upon own motion; hearing; order.
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Whenever the commission has reason to believe that any motor carrier, regulated motor carrier, other common or contract carrier as described in section 75-109, competitive natural gas provider as defined in section 66-1848, or jurisdictional utility as defined in section 66-1802 …
Neb. Rev. Stat. § 75-134 Commission order; requirements; when effective; rate order under State Natural Gas Regulation Act; appeal; stay enforcement.
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(1) A commission order entered after a hearing shall be written and shall recite (a) a discussion of the facts of a basic or underlying nature, (b) the ultimate facts, and (c) the commission's reasoning or other authority relied upon by the commission. (2) Every order of the comm…
Neb. Rev. Stat. § 75-134.01 Order; enjoin, when.
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Except as otherwise provided in sections 75-132.01, 75-134, 75-144, and 75-1012 and the State Natural Gas Regulation Act, the district courts shall have jurisdiction to enjoin a commission order only when the order was not entered (1) in accordance with Chapter 75 or 86 and the c…
Neb. Rev. Stat. § 75-134.02 Motion for reconsideration.
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(1) Except with respect to rate orders under the State Natural Gas Regulation Act entered pursuant to section 66-1838, any party may file a motion for reconsideration with the commission within ten days after the effective date of the order as determined under section 75-134. The…
Neb. Rev. Stat. § 75-135 Commission order; authentication.
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When certified to be a true and correct copy of the original by the executive director of the commission or a commissioner, a commission order shall be admitted in evidence in all courts and tribunals of this state, without further proof, as prima facie evidence of every fact fou…
Neb. Rev. Stat. § 75-136 Orders; right to appeal; manner and time; advancement of appeal of rate order under State Natural Gas Regulation Act.
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(1) Except as otherwise provided by law, if a party to any proceeding is not satisfied with the order entered by the commission, such party may appeal. (2) Any appeal filed on or after October 1, 2013, shall be taken in the same manner and time as appeals from the district court,…
Repealed. Laws 2003, LB 187, § 37.
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[Repealed or reserved.]
Repealed. Laws 2003, LB 187, § 37.
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[Repealed or reserved.]
Repealed. Laws 2003, LB 187, § 37.
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[Repealed or reserved.]
Neb. Rev. Stat. § 75-139 Rate order; appeal; when effective; supersedeas bond; effect; applicability of section.
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(1) Except as otherwise provided in this section, the effective date of a rate order that is appealed shall be the first Monday following the date of the appellate court's mandate if the order is affirmed, except that (a) a shipper may make effective a rate order reducing a fixed…
Neb. Rev. Stat. § 75-139.01 Person, defined.
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For purposes of sections 75-101 to 75-158, person shall mean any individual, corporation, governmental agency or subdivision, partnership, limited liability company, company, or association and any other legal or commercial entity, including any common or contract carrier or juri…
Neb. Rev. Stat. § 75-140 Orders; enforcement; petition; notice.
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Whenever any person violates or disobeys an order issued by the commission which has been finally established, the commission or any person interested in such order may petition to the district court of Lancaster County alleging violation or disobedience thereof. The court may de…
Neb. Rev. Stat. § 75-141 Order; proceeding to enforce; duty of Attorney General.
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Whenever any petition authorized by section 75-140 is filed or is prosecuted by the commission or by its direction, the Attorney General shall prosecute the petition at the request of the commission, and the costs and expenses on the part of the commission of any such prosecution…
Neb. Rev. Stat. § 75-142 Order; enforcement; procedure.
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The court shall proceed to determine the matter speedily as a court of equity and without the formal pleadings and proceedings applicable to ordinary suits in equity but in such manner as to do justice in the premises. To this end, the court may direct and prosecute, in such mann…
Neb. Rev. Stat. § 75-143 Order; appeal; effect; attorney's fees.
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The commission and any person interested in the court's decision may appeal to the Court of Appeals under the rules provided by law as to security for an appeal to the Court of Appeals, except that in no case shall security for an appeal be required when the appeal is taken by th…
Neb. Rev. Stat. § 75-144 Order; violation; injunction; penalty.
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(1) If it appears to the court after a hearing that an order of the commission has been violated or disobeyed, the court may issue an injunction or other proper process, mandatory or otherwise, to restrain the person from further continuing such violation or disobedience of the o…
Repealed. Laws 2000, LB 1285, § 26.
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[Repealed or reserved.]
Neb. Rev. Stat. § 75-146 Common carrier other than a railroad; consolidation or increase in stock; jurisdiction of commission.
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The capital stock of any common carrier other than a railroad shall not be increased for any purpose except after public notice for sixty days. No common carrier other than a railroad shall consolidate its stock, property, franchise, or earnings, in whole or in part, with any oth…
Repealed. Laws 1994, LB 414, § 137.
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[Repealed or reserved.]
Repealed. Laws 2025, LB311, § 24.
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[Repealed or reserved.]
Neb. Rev. Stat. § 75-149 Consolidation; securities; issuance; limitation.
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The capital stock of a corporation formed by the merger or consolidation of two or more other corporations, shall not exceed the sum of the capital stock of the corporations so merged or consolidated at par value thereof, or such sum and any additional sum actually paid in cash; …
Neb. Rev. Stat. § 75-150 Securities; issuance; fees; expenses.
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No order authorizing the issuance of securities shall become operative until the applicant pays to the commission fees as follows: Upon applications totaling not more than twenty-five thousand dollars, the fee shall be twenty-five dollars; and upon applications totaling more than…
Neb. Rev. Stat. § 75-151 Securities; violation; penalty.
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Any common carrier which violates any of the provisions of sections 75-146 to 75-150 or which fails, omits, or neglects to obey, observe, or comply with any order, direction, or requirement of the commission under the provisions of such sections shall forfeit to the State of Nebr…
Neb. Rev. Stat. § 75-152 Common carriers; consignor; designation of means and routing of shipment.
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When transportation is involved in connection with the sale of personal property and the price at which such personal property is sold is a delivered price at destination, the consignor may determine the means of transportation to be used and the routing of the shipment.
Neb. Rev. Stat. § 75-153 Common carriers; consignee; designation of means and routing of shipment; exception.
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Where transportation is involved in the sale of personal property and the price at which such property is sold is determined f.o.b. shipping point, the consignee may determine the means of transportation to be used and the routing of the shipment, except that if the consignor has…
Neb. Rev. Stat. § 75-154 Common carriers; consignor; violation of shipping instructions; damages.
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If, under section 75-153, a consignor of personal property violates written shipping instructions given by the consignee to the consignor a reasonable time prior to the making of the shipment, the consignor shall be liable for actual damages to the consignee or any public carrier…
Neb. Rev. Stat. § 75-155 Violations; general penalty.
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Unless a more specific criminal penalty is provided, any person who knowingly and willfully violates Chapter 75 or 86, any rule, regulation, or order of the commission, or any term or condition of any permit or certificate issued by the commission is guilty of a Class IV misdemea…
Neb. Rev. Stat. § 75-156 Civil penalty; procedure; order; appeal.
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(1) In addition to other penalties and relief provided by law, the Public Service Commission may, upon a finding that the violation is proven by clear and convincing evidence, assess a civil penalty of up to ten thousand dollars per day against any person, motor carrier, regulate…
Neb. Rev. Stat. § 75-157 Hearing; order; requirements.
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Any hearing held pursuant to section 75-156 shall be held pursuant to rules and regulations adopted and promulgated by the Public Service Commission. Every decision and order rendered by the commission after the hearing is held shall be in writing and accompanied by findings of f…
Neb. Rev. Stat. § 75-158 Unpaid civil penalty; how treated.
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A civil penalty assessed pursuant to section 75-156 and unpaid shall constitute a debt to the State of Nebraska which may be collected in the manner of a lien foreclosure or sued for and recovered in a proper form of action in the name of the state in the district court of Lancas…
Neb. Rev. Stat. § 75-159 Public Service Commission Housing and Recreational Vehicle Cash Fund; created; use; investment.
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(1) The Public Service Commission Housing and Recreational Vehicle Cash Fund is created. The fund shall consist of fees collected under the Nebraska Uniform Standards for Modular Housing Units Act and fees collected pursuant to the Uniform Standard Code for Manufactured Homes and…
Neb. Rev. Stat. § 75-160 Wireless telecommunications service; registry for complaints regarding lack of appropriate coverage; use.
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(1) The Public Service Commission shall establish and maintain a registry of locations within the State of Nebraska for complaints made to the commission regarding the lack of appropriate coverage for wireless telecommunications service. (2) The commission may utilize the informa…
Neb. Rev. Stat. § 75-161 Special party buses; buses providing charter services; distinguishing signs or other indicia.
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The Public Service Commission shall, in consultation with the Nebraska Liquor Control Commission, adopt and promulgate rules and regulations for signs or other indicia distinguishing between buses providing special party services and buses providing charter services.
Neb. Rev. Stat. § 75-201 Air carrier; exempt from commission regulation.
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Any person who transports passengers or property for the public in intrastate commerce by any airborne vehicle shall not be a common carrier subject to commission regulation.
Repealed. Laws 1994, LB 414, § 137.
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[Repealed or reserved.]
Neb. Rev. Stat. § 75-3 Registration; suspend, revoke, cancel, or refuse to issue or renew; conditions; notice; hearing; petition.
Neb. Rev. Stat. § 75-301 Motor carriers; regulation; legislative policy.
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(1) It is the policy of the Legislature to comply with the laws of the United States, to promote uniformity of regulation, to prevent motor vehicle accidents, deaths, and injuries, to protect the public safety, to reduce redundant regulation, to promote financial responsibility o…
Neb. Rev. Stat. § 75-302 Terms, defined.
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For purposes of sections 75-301 to 75-343 and in all rules and regulations adopted and promulgated by the commission pursuant to such sections, unless the context otherwise requires: (1) Attended services means an attendant or caregiver accompanying a minor or a person who has a …
Neb. Rev. Stat. § 75-303 Motor carriers; scope of law.
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Sections 75-301 to 75-322 shall apply to transportation by a motor carrier or the transportation of passengers and, until July 1, 2021, household goods, by a regulated motor carrier for hire in intrastate commerce except for the following: (1) A motor carrier for hire in the tran…
Neb. Rev. Stat. § 75-303.01 Nonemergency medical transportation for medicaid clients; contracts authorized.
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(1) The Department of Health and Human Services, a medicaid-managed care organization under contract with the department, or another agent working on the department's behalf may contract for nonemergency medical transportation for medicaid clients with a motor carrier or regulate…
Neb. Rev. Stat. § 75-303.02 Contracts for transportation; requirements.
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(1) The Department of Health and Human Services or any agency organized under the Nebraska Community Aging Services Act may contract for the transportation of clients with a contractor which does not hold a certificate or which is not otherwise exempt under section 75-303 only if…
Neb. Rev. Stat. § 75-303.03 Reimbursement for transportation costs; conditions; exemption from commission regulation or commission rate regulation.
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(1) The commission, in consultation with the Department of Health and Human Services, shall adopt and promulgate rules and regulations governing minimum liability insurance requirements, equipment standards, driver qualification requirements, and the issuance and filing of notice…
Neb. Rev. Stat. § 75-304 Classification of carriers; rules and regulations; contract carriers; insurance; applicability of rules and regulations.
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(1) The commission may establish such just and reasonable classifications of groups of carriers, included in the terms common carrier and contract carrier, as the special nature of the services performed by such carriers require and adopt and promulgate such just and reasonable r…
Neb. Rev. Stat. § 75-304.01 Rates, fares, and charges; commission prescribe; when.
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The commission shall prescribe minimum rates, fares, and charges for contract carriers. No reduction shall be made in any such charge, either directly or by means of any change in any rule, regulation, or practice affecting such charge or the value of service thereunder, except a…