30-811. Action to set aside or modify certain
orders or decisions of public power entities; filing; limitation;
superior court
A. Any party in interest, or the attorney general on behalf of the state, who is
dissatisfied with an 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 service rates and charges, 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,
may, within thirty days after a rehearing is denied or granted, commence an action in
superior court in the county in which the governing body of the public power entity has
its office, against the governing body of the public power entity as defendant, to
vacate, set aside, affirm in part, reverse in part or remand with instructions to the
governing body of the public power entity the order or decision on the ground that the
valuation, rate, joint rate, toll, fare, charge or finding, rule, classification or
schedule, practice, demand, requirement, act or service provided in the order or decision
is unlawful or that any rule, practice, act or service provided in the order or decision
is unlawful, or that any rule, practice, act or service provided in the order or decision
is unreasonable. The answer of the governing body of the public power entity shall be
served and filed within twenty days after service of the complaint, the action shall be
at issue and ready for trial on ten days' notice to either party. The action shall be
tried and determined as other civil actions except as provided in this section.
B. If the governing body of the public power entity rescinds the order or decision
complained of, the action shall be dismissed and if the governing body of the public
power entity alters, modifies or amends the order or decision, the altered, modified or
amended order replaces the original order complained of and judgment shall be given on
the order as though made by the governing body of the public power entity in the first
instance.
C. Except as otherwise prescribed by this section, the trial shall conform as
nearly as possible to other trials in civil actions. Judgment shall be given affirming,
modifying or setting aside the original or amended order.
D. Either party to the action, or the attorney general on behalf of the state,
within thirty days after the judgment of the superior court is given may appeal to the
court of appeals.
E. In all trials, actions and proceedings the burden of proof is on the party
adverse to the governing body of the public power entity or seeking to vacate or set
aside any decision or order of the governing body of the public power entity to show that
it is unlawful, that it is not supported by substantial evidence or that the governing
body of the public power entity abused its discretion.
F. Except as provided by this section no court of this state shall have
jurisdiction to enjoin, restrain, suspend, delay or review any order or decision of the
governing body of the public power entity or to enjoin, restrain or interfere with the
governing body of the public power entity in the performance of its official duties and
the rules, orders or decrees fixed by the governing body of the public power entity
remain in force pending the decision of the courts. A writ of mandamus may be issued
from the supreme court to the governing body of the public power entity in cases
authorized by law.
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