§ 75-136 — Orders; right to appeal; manner and time; advancement of appeal of rate order under State Natural Gas Regulation Act

Nebraska § 75-136

• Jurisdiction: Nebraska
• Ch. 75: Public Service Commission

Text

(1) Except
as otherwise provided by law, if a party to any proceeding is not satisfied
with the order entered by the commission, such party may appeal.
(2) Any appeal filed on or
after October 1, 2013, shall be taken in the
same manner and time as appeals from the district court, except that the appellate
court shall conduct a review of the matter de novo on the record. Appeals
shall be heard and disposed of in the appellate court in the manner provided
by law. Appeal of a commission order shall be perfected by filing a notice
of intention to appeal with the executive director of the commission within
thirty days after the effective date of the order as determined under section 75-134 .
(3) Any appeal filed prior
to October 1, 2013, shall be
in accordance with sections 75-134 , 75-136 , and 75-156 as such
sections existed prior to the changes made by Laws 2013, LB545.
(4) Any appeal of a rate
order under the State Natural Gas Regulation Act entered pursuant to section 66-1838 shall be advanced by the Court of Appeals as other causes which involve
the public welfare and convenience are advanced.

Legislative History

Source: Laws 1963, c. 425, art. I, § 36, p. 1368; Laws 1967, c. 479, § 11, p. 1480; Laws 1989, LB 78, § 10; Laws 1991, LB 732, § 131; Laws 1992, LB 360, § 32; Laws 1995, LB 424, § 16; Laws 2000, LB 1285, § 4; Laws 2003, LB 187, § 21; Laws 2013, LB545, § 5. Cross References: State Natural Gas Regulation Act, see section 66-1801. Annotations: An appellate court reviews an order of the Nebraska Public Service Commission de novo on the record. In re Application No. OP-0003, 303 Neb. 872, 932 N.W.2d 653 (2019). Under this section, an appellate court must reappraise the evidence on the record as it relates to the penalty issued by the Public Service Commission and reach an independent conclusion. Telrite Corp. v. Nebraska Pub. Serv. Comm., 288 Neb. 866, 852 N.W.2d 910 (2014). All appeals from orders of the Nebraska Public Service Commission are to follow the procedural requirements of the Administrative Procedure Act. Chase 3000, Inc. v. Nebraska Pub. Serv. Comm., 273 Neb. 133, 728 N.W.2d 560 (2007). The primary effect of this section is that operative August 31, 2003, all appeals from the Public Service Commission, not just telecommunications cases, generally are to be brought under the Administrative Procedure Act; it does not evince a legislative intent to confer jurisdiction over telecommunications appeals that were not perfected under the statutory requirements in effect at the time the notice of appeal was filed. Cox Nebraska Telecom v. Qwest Corp., 268 Neb. 676, 687 N.W.2d 188 (2004). This section authorizes appellate courts to review an order of the Public Service Commission interpreting a rule or regulation pursuant to the commission's authority under section 75-118.01. In re Proposed Amend. to Title 291, 264 Neb. 298, 646 N.W.2d 650 (2002). The appropriate standard of review for appeals from the Nebraska Public Service Commission is a review for errors appearing on the record. Nebraska Pub. Serv. Comm. v. Nebraska Pub. Power Dist., 256 Neb. 479, 590 N.W.2d 840 (1999). In an appeal to the Supreme Court from an order of the Nebraska Public Service Commission, the only questions to be determined are whether the PSC acted within the scope of its authority and whether the order complained of is reasonable and not arbitrary. In re Application of Kilthau, 236 Neb. 811, 464 N.W.2d 162 (1991). A party is precluded from objecting to the order of the Public Service Commission if he fails to act in accordance with the time limits prescribed in the statutes governing the procedure to obtain a reversal, modification, or vacation of the order. Nebraska Public Power Dist. v. Huebner, 202 Neb. 587, 276 N.W.2d 228 (1979). An order of the Public Service Commission granting authority to the public power district to construct a transmission line becomes final thirty days after the mailing of a copy of the order, and it may not be revoked after that time. Nebraska Public Power Dist. v. Huebner, 202 Neb. 587, 276 N.W.2d 228 (1979).