State Codes and Statutes
Statutes > Nebraska > Chapter70 > 70-100370-1003. Nebraska Power Review Board; establishment;composition; appointment; term; vacancy; qualifications; compensation; expenses; jurisdiction; officers;executive director; staff; reports.(1) There is hereby establishedan independent board to be known as the Nebraska Power Review Board to consistof five members, one of whom shall be an engineer, one an attorney, one anaccountant, and two laypersons. No person who is or who has within four yearspreceding his or her appointment been either a director, officer, or employeeof any electric utility or an elective state officer shall be eligible formembership on the board. Members of the board shall be appointed by the Governorsubject to the approval of the Legislature. Uponexpiration of the terms of the members first appointed, the successorsshall be appointed for terms of four years. No member of the board shall servemore than two consecutive terms. Any vacancy on the board arising other thanfrom the expiration of a term shall be filled by appointment for the unexpiredportion of the term, and any person appointed to fill a vacancy on the boardshall be eligible for reappointment for two more consecutive terms. No morethan three members of the board shall be registered members of that politicalparty represented by the Governor. Each member of the board shall receivesixty dollars per day for each day actually and necessarily engaged in theperformance of his or her duties, but not to exceed six thousand dollars inany one year, and shall be reimbursed for his or her actual and necessaryexpenses while so engaged as provided in sections 81-1174 to 81-1177. Theboard shall have jurisdiction as provided in Chapter 70, article 10.(2) The board shall meet promptly after its members have been appointed.They shall elect from their members a chairperson and a vice-chairperson.Decisions of the board shall require the approval of a majority of the membersof the board.(3) The board shall employ an executive director and may employ suchother staff necessary to carry out the duties pursuant to Chapter 70, article10. The executive director shall serve at the pleasure of the board and shallbe solely responsible to the board. The executive director shall be responsiblefor the administrative operations of the board and shall perform such otherduties as may be delegated or assigned to him or her by the board. The boardmay obtain the services of experts and consultants necessary to carry outthe board's duties pursuant to Chapter 70, article 10.(4) The board shall publish and submit a biennial report with annualdata to the Governor, with copies to be filed with the Clerk of the Legislatureand with the State Energy Office. The State Energy Office shall consider theinformation in the Nebraska Power Review Board's report when the State EnergyOffice prepares its own reports pursuant to sections 81-1606 and 81-1607.The report of the board shall include:(a) The assessments for the fiscal year imposed pursuant to section 70-1020;(b) The gross income totals for each category of the industry and theindustry total;(c) The number of suppliers against whom the assessment is levied, bycategory and in total;(d) The projected dollar costs of generation, transmission, and microwaveapplications, approved and denied;(e) The actual dollar costs of approved applications upon completion,and a summary of an informational hearing concerning any significant divergencebetween the projected and actual costs;(f) A description of Nebraska's current electric system and informationon additions to and retirements from the system during the fiscal year, includingmicrowave facilities;(g) A statistical summary of board activities and an expenditure summary;(h) A roster of power suppliers in Nebraska and the assessment eachpaid; and(i) Appropriately detailed historical and projected electric supplyand demand statistics, including information on the total generating capacityowned by Nebraska suppliers and the total peak load demand of the previousyear, along with an indication of how the industry will respond to the projectedsituation.(5) The board may, in its discretion, hold public hearingsconcerning the conditions that may indicate that retail competition in theelectric industry would benefit Nebraska's citizens and what steps, if any,should be taken to prepare for retail competition in Nebraska's electricitymarket. In determining whetherto hold such hearings, the board shall consider the sufficiency of publicinterest.(6) The board may, at any time deemed beneficial bythe board, submit a reportto the Governor with copies to be filed with the Clerk of the Legislatureand the Natural Resources Committee of the Legislature. The report may include:(a) Whether or not a viable regional transmission organization and adequatetransmission exist in Nebraska or in a region which includes Nebraska;(b) Whether or not a viable wholesale electricity market exists in aregion which includes Nebraska;(c) To what extent retail rates have been unbundled in Nebraska;(d) A comparison of Nebraska's wholesale electricity prices to the pricesin the region; and(e) Any other information the board believes to be beneficial to theGovernor, the Legislature, and Nebraska's citizens when considering whetherretail electric competition would be beneficial, such as, but not limitedto, an update on deregulation activities in other states and an update onfederal deregulation legislation.(7) The board is authorized to establish workinggroups of interested parties to assist the board in carrying out the powers set forth in subsections (5) and (6)of this section. SourceLaws 1963, c. 397, § 3, p. 1260; Laws 1971, LB 554, § 1; Laws 1978, LB 800, § 1; Laws 1980, LB 863, § 1; Laws 1981, LB 204, § 107; Laws 1981, LB 181, § 46; Laws 2000, LB 901, § 8; Laws 2010, LB797, § 1.Effective Date: July 15, 2010
