§ 70-1017 — Suppliers; duty to furnish service; disputes submitted to board

Nebraska § 70-1017

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

Text

Any supplier of electricity at retail shall furnish service, upon application, to any applicant within the service area of such supplier if it is economically feasible to service and supply the applicant. The electric service shall be furnished by the supplier within a reasonable time after the application is made. If the supplier and the applicant cannot agree upon any of the terms under which service is to be furnished, or if the applicant alleges that the supplier is not treating all customers and applicants fairly and without discrimination within the same rate class, the matter shall be submitted to the board for hearing and determination.

Legislative History

Source: Laws 1963, c. 397, § 17, p. 1266; Laws 1974, LB 674, § 1; Laws 1981, LB 181, § 53. Annotations: The Nebraska Power Review Board lacks authority to determine whether a supplier of electricity may insist upon the payment of another's delinquent charges as a condition of providing electric service. Keith County Bank v. Wheat Belt Pub. Power Dist., 226 Neb. 850, 415 N.W.2d 459 (1987). Payment of another's past-due electric use charges is not a term "under which service is to be furnished" of the nature which this section empowers the board to consider. In re Complaint of Federal Land Bank of Omaha, 223 Neb. 897, 395 N.W.2d 488 (1986). Potentially conflicting interests within a class are incompatible with the maintenance of a true class action and this aspect may be disposed of upon motion for summary judgment. Blankenship v. Omaha P. P. Dist., 195 Neb. 170, 237 N.W.2d 86 (1976). This section referred to in connection with holding that an ordinance fixing rates for electrical energy supplied by city-owned plant is not subject to referendum. Hoover v. Carpenter, 188 Neb. 405, 197 N.W.2d 11 (1972). Zoning area of city and service area of power district may overlap. City of Gering v. Gering Valley Rural P. P. Dist., 180 Neb. 241, 142 N.W.2d 155 (1966).