Nebraska § 57-1405  Pipeline carrier; construction
of major oil pipeline; application; substantive change to route; application;
contents; notice

Nebraska Statutes

§ 57-1405 — Pipeline carrier; construction of major oil pipeline; application; substantive change to route; application; contents; notice

Nebraska § 57-1405

Ch. 57Minerals, Oil, and Gas

This text of Nebraska § 57-1405 (Pipeline carrier; construction of major oil pipeline; application; substantive change to route; application; contents; notice) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 57-1405 (2026).

Text

(1)If a pipeline carrier proposes to construct a major oil pipeline to be placed in operation in Nebraska after November 23, 2011, and the pipeline carrier has submitted a route for an oil pipeline within, through, or across Nebraska but the route is not approved by the Governor pursuant to section 57-1503 , the pipeline carrier shall file an application with the commission and receive approval pursuant to section 57-1408 prior to beginning construction of the major oil pipeline within Nebraska. If a pipeline carrier proposes a substantive change to the route of a major oil pipeline and the pipeline carrier has submitted a route for an oil pipeline within, through, or across Nebraska but the route is not approved by the Governor pursuant to section 57-1503 , the pipeline carrier shall

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(1) If a pipeline carrier proposes to construct a major oil pipeline to
be placed in operation in Nebraska after November
23, 2011, and the pipeline carrier has submitted a route for an oil pipeline
within, through, or across Nebraska but the route is not approved by the Governor
pursuant to section 57-1503 , the pipeline carrier shall file an
application with the commission and receive approval pursuant to section 57-1408 prior to beginning construction of the
major oil pipeline within Nebraska. If a pipeline carrier proposes a substantive change to the route of
a major oil pipeline and the
pipeline carrier has submitted a route for an oil pipeline within, through,
or across Nebraska but the route is not approved by the Governor pursuant
to section 57-1503 , the pipeline carrier shall file an application
for the proposed change with the commission and receive approval pursuant
to section 57-1408 prior to beginning
construction relating to the proposed change. The applicant shall also file
a copy of the application with the agencies listed in subsection (3) of section 57-1407 .
(2) The application shall be accompanied by written agreement
to pay expenses assessed pursuant to section 57-1406 and
written testimony and exhibits in support of the application. The application
shall include:
(a) The name and address of the pipeline carrier;
(b) A description of the nature and proposed route of the
major oil pipeline and evidence of consideration of alternative routes;
(c) A statement of the reasons for the selection of the proposed
route of the major oil pipeline;
(d) A list of the governing bodies of the counties and municipalities
through which the proposed route of the major oil pipeline would be located;
(e) A description of the product or material to be transported
through the major oil pipeline;
(f) The person who will own the major oil pipeline;
(g) The person who will manage the major oil pipeline;
(h) A plan to comply with the Oil Pipeline Reclamation Act;
and
(i) A list of planned methods to minimize or mitigate the
potential impacts of the major oil pipeline to land areas and connected natural
resources other than with respect to oil spills.
(3) The applicant shall publish notice of the application
in at least one newspaper of general circulation in each county in which the
major oil pipeline is to be constructed and forward a copy of such notice
to the commission. The applicant shall serve notice of the application upon
the governing bodies of the counties and municipalities specified pursuant
to subdivision (2)(d) of this section.

Legislative History

Source: Laws 2011, First Spec. Sess., LB1, § 6; Laws 2012, LB1161, § 6. Cross References: Oil Pipeline Reclamation Act, see section 76-3301. Annotations: The Major Oil Pipeline Siting Act does not require gubernatorial denial prior to initiating an application proceeding. In re Application No. OP-0003, 303 Neb. 872, 932 N.W.2d 653 (2019).