30-812. Action to set aside or modify certain
governing body of public power entity orders or decisions;
limitation; court of appeals
A. The attorney general on behalf of the state or any party to a proceeding before
the governing body of the public power entity that is dissatisfied with any order or
decision of the governing body of the public power entity involving Public power entities
and relating to rate making or rate design pursuant to section 30-802 may file, within
thirty days after a rehearing is denied or granted, a notice of appeal in the court of
appeals 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 if the court of
appeals determines that it is unlawful, that it is not supported by substantial evidence
or that the governing body abused its discretion.
B. If the governing body of the public power entity rescinds the order complained
of, the action shall be dismissed, and if the governing body of the public power entity
alters, modifies or amends the order, the altered, modified or amended order shall
replace the original order complained of, and judgment shall be given on the order as
made by the governing body of the public power entity in the first instance.
C. The appellate procedure shall be pursuant to rules adopted by the supreme
court. The rules shall conform, as nearly as possible, to the manner in which other
appeals are undertaken including indicating the content of the record on review, the
briefs to be filed and the time and manner for filing the briefs, record and other
documents.
D. Any party to the action, or the attorney general on behalf of the state, may
appeal to the supreme court as provided by law.
E. In all appeals taken pursuant to this section, the party adverse to the
governing body of the public power entity or the party seeking to vacate or set aside an
order of the governing body of the public power entity must show that the order or
decision is unlawful, that it is not supported by substantial evidence or that the
governing body abused its discretion.
F. Except as provided by this section, a court of this state does not have
jurisdiction to enjoin, restrain, suspend, delay or review any order or decision of the
governing body of the public power entity involving any public power entity and relating
to rate making or rate design 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, but a writ of mandamus shall lie from the supreme
court to the governing body of the public power entity in cases authorized by law.
|