30-810

30-810. Application for rehearing; effect;
decision

A. After any final order or decision is made by the governing body of the public
power entity regarding terms and conditions for customer selection, complaint resolution,
consumer protection, stranded costs, transmission and distribution service rates and
charges, system benefit charges and other related matters as determined in the reasonable
discretion of the governing body of the public power entity, or regarding compliance with
an intergovernmental agreement made under the provisions of this chapter, any party to
the action or proceeding or the attorney general on behalf of the state may apply for a
rehearing of any matter determined in the action or proceeding and specified in the
application for rehearing within twenty days of entry of the order or decision. Unless
otherwise ordered, the filing of the application does not stay the decision of the
governing body of the public power entity. If the governing body of the public power
entity does not grant the application within twenty days, it is deemed denied. If the
governing body of the public power entity grants the application, the governing body of
the public power entity shall promptly hear the matter and make a determination within
twenty days after final submission.

B. No claim arising from any order or decision of the governing body of the public
power entity regarding terms and conditions for customer selection, complaint resolution,
consumer protection, stranded costs, transmission and distribution service rates and
charges, system benefit charges and other related matters as determined in the reasonable
discretion of the governing body of the public power entity or regarding compliance with
an intergovernmental agreement made under the provision of this chapter shall accrue in
any court to any party or the state unless the party or the state makes, before the
effective date of the order or decision, application to the governing body of the public
power entity for a rehearing.

C. The application shall set forth specifically the grounds on which it is based
and a person or the state shall not in any court urge or rely on any ground not set forth
in the application.

D. An application for rehearing does not excuse any person from complying with and
obeying any order or decision or any requirements of any order or decision of the
governing body of the public power entity, or operate in any manner to stay or postpone
the enforcement of a decision, except in cases and on terms as the governing body of the
public power entity by order directs.

E. If, after a rehearing and a consideration of all the facts, including those
arising since the making of the order or decision, the governing body of the public power
entity finds that the original order or decision or any part of the original order or
decision is in any respect unjust or unwarranted or should be changed the governing body
of the public power entity may abrogate, change or modify the order or decision, and the
order or decision has the same force and effect as an original order or decision, but
does not affect any right or the enforcement of any right arising from or by virtue of
the original order or decision, unless decided by the governing body of the public power
entity.