§ 70-1012 — Electric generation facilities and transmission lines; construction or acquisition; application; approval; when not required; proximity to military installation; notice required, when

Nebraska § 70-1012

• Jurisdiction: Nebraska
• Ch. 70: Power Districts and Corporations

Text

(1) Before any electric generation facilities or any transmission lines or related facilities carrying more than seven hundred volts are constructed or acquired by any supplier, an application, filed with the board and containing such information as the board shall prescribe, shall be approved by the board, except that such approval shall not be required (a) for the construction or acquisition of a transmission line extension or related facilities within a supplier's own service area or for the construction or acquisition of a line not exceeding one-half mile outside its own service area when all owners of electric lines located within one-half mile of the extension consent thereto in writing and such consents are filed with the board, (b) for any generation facility when the board finds that (i) such facility is being constructed or acquired to replace a generating plant owned by an individual municipality or registered group of municipalities with a capacity not greater than that of the plant being replaced, (ii) such facility will generate less than twenty-five thousand kilowatts of electric energy at rated capacity, and (iii) the applicant will not use the plant or transmission capacity to supply wholesale power to customers outside the applicant's existing retail service area or chartered territory, (c) for acquisition of transmission lines or related facilities, within the state, carrying one hundred fifteen thousand volts or less, if the current owner of the transmission lines or related facilities notifies the board of the lines or facilities involved in the transaction and the parties to the transaction, or (d) for the construction of a qualified facility as defined in section 70-2002 .
(2)(a) Before any electric supplier commences construction of or acquires an electric generation facility or transmission lines or related facilities carrying more than seven hundred volts that will be or are located within a ten-mile radius of a military installation, the owner of such facility, transmission lines, or related facilities shall provide written notice certifying to the board that such facility or facilities contain no electronic-related equipment or electronic-related components manufactured by any foreign adversary.
(b) Any electric supplier supplying, producing, or distributing electricity within the state for sale at retail is exempt from subdivision (a) of this subsection if it is in compliance with the critical infrastructure protection requirements issued by the North American Electric Reliability Corporation. To receive such exemption, the electric supplier shall submit written notice to the board certifying that it is in such compliance. The electric supplier shall also submit written notice to the board at any time such supplier is no longer in such compliance.
(3)(a) Before any electric supplier not exempt from subdivision (2)(a) of this section commences construction of or acquires an electric generation facility or transmission lines or related facilities carrying more than seven hundred volts that will be or are located within a ten-mile radius of a military installation, the electric supplier shall, following consultation with such supplier's vendors, submit a one-time written notice to the board certifying that such facility or facilities continually contain no electronic-related equipment or electronic-related components manufactured by any foreign adversary.
(b) The electric supplier shall also submit written notice to the board at any time such facility or facilities are no longer in compliance with the certification provided under subdivision (a) of this subsection.
(4) Notwithstanding subsections (2) and (3) of this section, an electric supplier required to provide certification under subsection (2) of this section may use electronic-related equipment or electronic-related components manufactured by a foreign adversary if the board preapproves the use of such equipment or components after finding that:
(a) There is no other reasonable option for procuring such equipment or components; and
(b) Not procuring or using such equipment or components would cause a greater harm to the state or residents of the state than the harm associated with the equipment or components.
(5) A privately developed renewable energy generation facility is exempt from this section if it complies with section 70-1014.02 .

Legislative History

Source: Laws 1963, c. 397, § 12, p. 1264; Laws 1979, LB 119, § 1; Laws 1981, LB 181, § 49; Laws 1984, LB 729, § 1; Laws 2009, LB436, § 6; Laws 2016, LB824, § 5; Laws 2024, LB1370, § 6; Laws 2025, LB43, § 2. Effective Date: February 26, 2025 Annotations: The requirement that the hearing be held within thirty days unless a continuance has been requested by the applicant is directory, not mandatory. Omaha P. P. Dist. v. Nebraska P. P. Project, 196 Neb. 477, 243 N.W.2d 770 (1976). This section is not limited to retail suppliers of electricity. City of Auburn v. Eastern Nebraska Public Power Dist., 179 Neb. 439, 138 N.W.2d 629 (1965).