66-1839. Municipal Rate Negotiations Revolving Loan Fund; created; use; administration; audit; investment; loan repayment.
(1) The Municipal Rate Negotiations Revolving Loan Fund is created. The fund shall be used to make loans to cities for rate negotiations under section 66-1838 or negotiations or litigation under section 66-1867, except that transfers may be made from the fund to the General Fund at the direction of the Legislature. Only one loan may be made for each rate filing made by a jurisdictional utility within the scope of each section. Money in the Municipal Natural Gas Regulation Revolving Loan Fund that is not necessary to finance rate proceedings initiated prior to May 31, 2003, shall be transferred to the Municipal Rate Negotiations Revolving Loan Fund on May 31, 2003, and repayments of loans or other obligations owing to the Municipal Natural Gas Regulation Revolving Loan Fund on May 31, 2003, shall be deposited in the Municipal Rate Negotiations Revolving Loan Fund upon receipt. Any obligations against or commitments of money from the Municipal Natural Gas Regulation Revolving Loan Fund on May 31, 2003, shall be obligations or commitments of the Municipal Rate Negotiations Revolving Loan Fund.
(2) The Municipal Rate Negotiations Revolving Loan Fund shall be administered by the commission which shall adopt and promulgate rules and regulations to carry out this section. The rules and regulations shall include:
(a) Loan application procedures and forms; and
(b) Fund-use monitoring and quarterly accounting of fund use.
(3) Applicants for a loan from the fund shall provide a budget statement which specifies the proposed use of the loan proceeds. Such proceeds may only be used for the costs and expenses incurred by the city to analyze rate filings for the purposes specified in section 66-1838 or 66-1867. Such costs and expenses may include the cost of rate consultants and attorneys and any other necessary costs related to the negotiation process or litigation under section 66-1867. Disbursements from the fund shall be audited by the commission. The affected jurisdictional utility may petition the commission to initiate a proceeding to determine whether the disbursements from the fund were expended by the negotiating cities consistent with the requirements of this section.
(4) The fund shall be audited as part of the regular audit of the commission's budget, and copies of the audit shall be available to all cities and any jurisdictional utility. Audits conducted pursuant to this section are public records.
(5) Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. If the fund balance exceeds four hundred thousand dollars, the income on the money in the fund shall be credited to the permanent school fund until the balance of the Municipal Rate Negotiations Revolving Loan Fund falls below such amount.
(6) A city which receives a loan under this section shall be responsible to provide for the opportunity for all other cities engaged in the same negotiations with the same jurisdictional utility to participate in all negotiations. Such city shall not exclude any other city from the information or benefits accruing from the use of loan funds.
(7) Upon the conclusion of negotiations, regardless of the result, the loan shall be repaid by the jurisdictional utility to the commission within thirty days after the date upon which it is billed by the commission. The utility shall recover the amount paid on the loan by a special surcharge on ratepayers who are or will be affected by the rate increase request. These ratepayers may be billed on their monthly statements for a period not to exceed twelve months, and the surcharge may be shown as a separate item on the statements as a charge for rate negotiation expenses.
Source
Cross References
Structure Nebraska Revised Statutes
Chapter 66 - Oils, Fuels, and Energy
66-103 - Gasoline and other explosives; sale; containers or portable tanks; type required.
66-103.01 - Containers or portable tanks, defined.
66-105 - Kerosene; delivery; container or portable tank prohibited.
66-106 - Kerosene; use or storage; container or portable tank prohibited.
66-203 - Rebate for qualified clean-burning motor vehicle fuel property.
66-204 - Clean-burning Motor Fuel Development Fund; created; use; investment.
66-303 - Department of Environment and Energy; duties; report; contents; legislative vote.
66-304 - State plan; submit to Legislature.
66-401 - Transferred to section 66-482.
66-402 - Transferred to section 66-483.
66-403 - Transferred to section 66-484.
66-404 - Transferred to section 66-485.
66-407 - Transferred to section 66-486.
66-408 - Transferred to section 66-487.
66-409 - Transferred to section 66-488.
66-410 - Transferred to section 66-489.
66-410.01 - Transferred to section 66-490.
66-410.02 - Transferred to section 66-491.
66-410.03 - Transferred to section 66-492.
66-410.04 - Transferred to section 66-493.
66-410.05 - Transferred to section 66-494.
66-411 - Transferred to section 66-495.
66-412 - Transferred to section 66-496.
66-414 - Transferred to section 66-497.
66-415 - Transferred to section 66-498.
66-418.02 - Transferred to section 66-449.01.
66-420 - Transferred to section 66-4,103.
66-421 - Transferred to section 66-499.
66-423.01 - Transferred to section 66-4,101.
66-423.02 - Transferred to section 66-4,102.
66-424 - Transferred to section 66-4,100.
66-426.01 - Transferred to section 66-4,104.
66-428 - Transferred to section 66-4,105.
66-429 - Transferred to section 66-4,106.
66-433 - Transferred to section 66-4,107.
66-434 - Transferred to section 66-4,108.
66-435 - Transferred to section 66-4,109.
66-436 - Transferred to section 66-4,110.
66-437 - Transferred to section 66-4,111.
66-438 - Transferred to section 66-4,112.
66-439 - Transferred to section 66-4,113.
66-440 - Transferred to section 66-4,117.
66-441 - Transferred to section 66-4,114.
66-442 - Transferred to section 66-4,115.
66-444 - Transferred to section 66-4,116.
66-445 - Transferred to section 66-4,118.
66-446 - Transferred to section 66-4,119.
66-447 - Transferred to section 66-4,120.
66-448 - Transferred to section 66-4,121.
66-449 - Transferred to section 66-4,122.
66-449.01 - Transferred to section 66-4,130.
66-450 - Transferred to section 66-4,123.
66-452 - Transferred to section 66-4,124.
66-458 - Transferred to section 66-4,125.
66-459 - Transferred to section 66-4,126.
66-460 - Transferred to section 66-4,127.
66-461 - Transferred to section 66-4,128.
66-461.01 - Transferred to section 66-4,129.
66-462 - Transferred to section 66-4,131.
66-465 - Transferred to section 66-4,132.
66-467 - Transferred to section 66-4,133.
66-467.01 - Transferred to section 66-4,134.
66-468 - Transferred to section 66-4,135.
66-469 - Transferred to section 66-4,136.
66-470 - Transferred to section 66-4,137.
66-471 - Transferred to section 66-4,138.
66-472 - Transferred to section 66-4,139.
66-473 - Transferred to section 66-4,140.
66-474 - Transferred to section 66-4,141.
66-474.01 - Transferred to section 66-4,142.
66-475 - Transferred to section 66-4,143.
66-476 - Transferred to section 66-4,144.
66-477 - Transferred to section 66-4,145.
66-478 - Transferred to section 66-4,146.
66-479 - Transferred to section 66-4,147.
66-480 - Transferred to section 66-4,148.
66-481 - Transferred to section 66-4,149.
66-484 - Producer, supplier, distributor, wholesaler, importer, or exporter; license required.
66-485 - Producer, supplier, distributor, wholesaler, exporter, or importer; security.
66-486 - Motor fuel tax; collection; commission.
66-487 - Producer, supplier, distributor, wholesaler, exporter, and importer; records required.
66-488 - Producer, supplier, distributor, wholesaler, importer, and exporter; return; contents.
66-489.01 - Motor fuels blending agent or fuel expander; when taxed.
66-496 - Stored fuel; payment of tax; when; reports.
66-498 - Tax previously paid; credit allowed; when.
66-4,100 - Highway Cash Fund; Roads Operations Cash Fund; created; use; investment.
66-4,101 - Highway Allocation Fund; share of counties and municipalities; how used.
66-4,102 - Highway Allocation Fund; street intersection, defined.
66-4,103 - Interstate commerce exemption.
66-4,104 - Transferred to section 66-525.
66-4,105 - Motor fuels; use; excise tax; amount; use, defined.
66-4,106 - Excise tax; payment; report; duty to collect.
66-4,107 - Transferred to section 66-526.
66-4,108 - Transferred to section 66-527.
66-4,109 - Transferred to section 66-528.
66-4,110 - Transferred to section 66-529.
66-4,111 - Transferred to section 66-530.
66-4,112 - Transferred to section 66-531.
66-4,113 - Transferred to section 66-719.01.
66-4,114 - Motor fuels; importation; liable for tax; exception.
66-4,116 - Motor fuels; transportation; interstate commerce exempt.
66-4,117 - Motor vehicle fuel tax law; enforcement; rules and regulations.
66-4,124.01 - Tax credit gasoline; certain purchases; repeal of section, effect.
66-4,140 - Motor fuels; excise tax; disposition; payment.
66-4,141 - Excise tax; tax rate per gallon; computations.
66-4,143 - Materiel administrator; submit report; contents.
66-4,145 - Additional excise tax.
66-4,146 - Fuels; use; additional excise tax.
66-4,146.01 - Floor-stocks tax on agricultural ethyl alcohol; rate; payment.
66-4,147 - Receipts from excise tax; disposition.
66-4,147.01 - Taxes, interest, and penalties; disposition.
66-4,148 - Highway Allocation Fund; distribution of funds.
66-4,149 - Rules and regulations.
66-501 - Sections, purpose; how construed.
66-502 - Liquid fuel carriers license; issuance.
66-502.01 - Motor vehicle equipped with cargo tank; restrictions.
66-505 - Motor fuel transportation; vehicles; display required; rules and regulations.
66-512 - Unlawful acts; prohibited.
66-526 - Motor vehicle fuel or diesel fuel; unlawful transportation; vehicle declared nuisance.
66-528 - Unlawful transportation; conviction; effect.
66-529 - Unlawful transportation; conviction; sale of vehicle.
66-530 - Unlawful transportation; no arrest; sale of fuel and vehicle; procedure.
66-531 - Unlawful transportation; delay in proceedings; intervention by lienor or owner of vehicle.
66-610.01 - Transferred to section 66-733.
66-610.02 - Transferred to section 66-734.
66-610.03 - Transferred to section 66-735.
66-610.04 - Transferred to section 66-736.
66-610.06 - Transferred to section 66-737.
66-639 - Transferred to section 66-601.01.
66-699 - Definitions, where found.
66-6,100 - Compressed fuel, defined.
66-6,101 - Department, defined.
66-6,102 - Gallon equivalent, defined.
66-6,103 - Motor vehicle, defined.
66-6,106 - Retailer's license; application; issuance; security requirements.
66-6,107 - Excise tax; amount.
66-6,108 - Excise tax; amount; credits and refunds; allocation.
66-6,109 - Excise tax; amount.
66-6,110 - Retailer; return; filing requirements.
66-6,112 - Taxes, interest, and penalties; disposition.
66-6,113 - Compressed fuel tax; collection; commission.
66-6,115 - Prohibited acts; violation; penalty; transport and delivery vehicles.
66-6,116 - Enforcement; rules and regulations.
66-713 - Retailer; license required; when; records.
66-716 - Motor fuel distribution, sale, or delivery; license; when required; records.
66-718 - Report, return, or other statement; department; powers; electronic filing.
66-719 - Prohibited acts; financial penalties; department; powers; waiver of interest.
66-719.01 - Unlawful transportation; violations; reward for disclosure.
66-720 - License or permit; suspension; grounds; procedure; cancellation; reinstatement fee.
66-721 - Notices; mailing requirements.
66-722 - Returns; review by department; deficiency determination; procedure.
66-724 - Deficiency; late payment; interest.
66-725 - Department; examination of records; investigations.
66-726 - Refund; when allowed; procedures.
66-727 - Prohibited acts; criminal penalties.
66-729 - Permit or license; issuance; when; department; powers and duties.
66-731 - Department; computer system; shared information.
66-732 - Department of Revenue, Attorney General, and Nebraska State Patrol; duties.
66-734 - Cash bond; contribution; how collected.
66-735 - Trust fund; use; delinquency; certification; State Treasurer; duties.
66-736 - Cash bond; contribution; refund; return of trust fund.
66-739 - Motor Fuel Tax Enforcement and Collection Cash Fund; created; use; investment.
66-741 - Federally recognized Indian tribe; agreement with state; authorized.
66-820 - Transferred to section 66-1338.
66-822 - Department; motor vehicles; use of gasohol.
66-823 - Department; gasohol; storage and dispensing facilities.
66-824 - Department; gasohol; use; conditions.
66-901 - Legislative findings.
66-902 - Definitions; where found.
66-902.01 - Decommissioning security, defined.
66-903 - Solar energy, defined.
66-904 - Solar energy collector, defined.
66-905 - Solar energy system, defined.
66-906 - Passive solar energy system, defined.
66-909 - Solar agreement, defined.
66-909.01 - Wind energy, defined.
66-909.02 - Wind energy conversion system, defined.
66-909.04 - Wind agreement, defined.
66-910 - Solar agreement; wind agreement; manner granted.
66-912 - Solar agreement; wind agreement; how enforced.
66-912.01 - Solar agreement; wind agreement; initial term; limitation; termination.
66-912.02 - Interest in wind or solar resource; restriction on severance from surface estate.
66-913 - Counties or municipalities; zoning regulations, ordinances, and plans; considerations.
66-1001 - Energy conservation and efficiency; legislative findings.
66-1002 - Definitions, sections found.
66-1004 - Energy conservation measure, defined.
66-1007 - Utility; initiate and administer loans.
66-1008 - Utility; loans; restrictions.
66-1010 - Utilities; supplemental powers.
66-1011 - Loan; use; limitation.
66-1060 - Legislative findings.
66-1061 - Section and repeal of section, how construed.
66-1063 - Governmental unit; energy financing contracts; authorized.
66-1064 - Governmental unit; powers and duties.
66-1065 - Energy financing contract; contents; energy service company; bond requirements.
66-1066 - Energy financing contract; terms.
66-1101 - Legislative findings.
66-1103 - Severance of mineral estate; right to develop geothermal resource; attaches; exception.
66-1104 - Owner of mineral estate; right of entry; lease of state-owned geothermal resources.
66-1106 - Development and production of geothermal resources; provisions applicable.
66-1214 - Motor fuel dispensers; label requirements; penalty.
66-1225 - Reformulated gasoline; requirements for sale.
66-1227 - Methyl tertiary butyl ether; restriction.
66-1301 - Transferred to section 66-1330.
66-1303 - Transferred to section 66-1333.
66-1315 - Transferred to section 66-1339.
66-1316 - Transferred to section 66-1340.
66-1321.01 - Transferred to section 66-1341.
66-1324 - Transferred to section 66-1342.
66-1325 - Transferred to section 66-1343.
66-1326 - Transferred to section 66-1344.
66-1327 - Transferred to section 66-1345.
66-1328 - Transferred to section 66-1346.
66-1329 - Transferred to section 66-1347.
66-1331 - Legislative findings.
66-1334 - Agricultural Alcohol Fuel Tax Fund; created; use; investment.
66-1335 - Nebraska Ethanol Board; established; terms; vacancy; meetings; expenses.
66-1337 - Board; administrative powers.
66-1338 - National ethanol promotion group; board; powers.
66-1339 - Federal funds; solicitation; use.
66-1340 - Board; accept property; powers.
66-1341 - Application; information confidential.
66-1342 - Repayment of loan; other funds; remittance.
66-1344 - Ethanol tax credits; conditions; limitations; Department of Revenue; powers and duties.
66-1344.01 - Ethanol tax credits; agreement required; contents.
66-1345 - Ethanol Production Incentive Cash Fund; created; use; investment; transfers; duties.
66-1345.05 - Funds received by the Department of Revenue; disposition.
66-1348 - Investment agreements; act; how construed.
66-1349 - Ethanol facility eligible for tax credits or incentives; employ residents.
66-1351 - Treated seed; use prohibited; when.
66-1352 - Toxic chemicals; University of Nebraska conduct assessment.
66-1404 - Cooperative fuel tax agreements; local reciprocal exemption agreements; authorized.
66-1405 - Tax rate; how determined; setoff authorized.
66-1406 - Agreements; provisions.
66-1406.01 - License required; when.
66-1406.02 - License; director; powers.
66-1407 - Excess tax paid; credit.
66-1409 - Director; disclose information; when.
66-1410 - Rules and regulations.
66-1411 - Legal remedies; appeals; rules and regulations.
66-1411.01 - Director; enforcement powers.
66-1412 - Agreement; controlling provisions.
66-1413 - Contract to administer act; authorized.
66-1415 - Decal fee; Motor Carrier Division Cash Fund; use.
66-1416 - Sections; purpose; terms, defined.
66-1417 - Trip permit or payment of motor fuels taxes; required; violation; penalty.
66-1418 - Trip permits; issuance; fees.
66-1420 - Department; powers and duties.
66-1421 - Filing of amended return; interest; waiver of penalty; waiver of interest.
66-1424 - Department; examine return; deficiency; final assessment; challenge; extension.
66-1428 - Taxes, interest, and penalties; remittance.
66-1502 - Statement of purpose.
66-1503 - Definitions, where found.
66-1504 - Department, defined.
66-1513 - Remedial action, defined.
66-1514 - Responsible person, defined.
66-1514.01 - Supplier, defined.
66-1515.01 - Third-party claim, defined.
66-1516 - Responsibility for release or third-party claim; avoidance; prohibited; when.
66-1517 - Reimbursement for remedial actions and third-party claims; act; how construed.
66-1518 - Rules and regulations; schedule of rates; use.
66-1519 - Petroleum Release Remedial Action Cash Fund; created; use; investment.
66-1520 - Owner of registered tank; petroleum release remedial action fee; amount.
66-1523 - Reimbursement; amount; limitations; Prompt Payment Act applicable.
66-1524 - State not liable; when; payment of principal and interest on unpaid applications.
66-1526 - Reimbursement; not subject to legal process or attachment; when.
66-1527 - Failure to complete remedial action; reimburse fund.
66-1528 - Person receiving conveyance; action; not barred.
66-1529 - Reimbursement; assignment; authorized.
66-1529.01 - Remedial action; fixtures and tangible personal property; treatment.
66-1529.02 - Remedial actions by department; third-party claims; recovery of expenses.
66-1530 - Department; federal funding; duty.
66-1531 - Claim under State Miscellaneous Claims Act authorized; procedure; limitations.
66-1603 - Definitions, where found.
66-1608 - Industry trade association, defined.
66-1609 - Manufacturer and distributor of liquefied petroleum gas equipment, defined.
66-1610 - Odorized propane, defined.
66-1613 - Qualified industry organization, defined.
66-1615 - Retail marketer, defined.
66-1616 - Wholesaler, supplier, or importer, defined.
66-1617 - Propane Education and Research Council; referendum for creation; approval.
66-1618 - Council; members; appointment; terms.
66-1619 - Council; powers and duties; rules and regulations.
66-1620 - Council; implement act; use of funds.
66-1621 - Propane education and research fee; collection and use.
66-1624 - Council; suspension or termination; referendum.
66-1625 - Price of propane; legislative intent.
66-1803 - Exemptions from act; conditions; action to determine.
66-1804 - Commission; powers; act, how construed.
66-1805 - Rules and regulations; commission; additional powers; Attorney General; duties.
66-1806 - Jurisdictional utilities; filings required.
66-1807 - Commission; powers; how construed.
66-1808 - Rate changes; term or condition of service; when effective.
66-1809 - Commission; investigations authorized; hearing; powers.
66-1811 - Complaint; investigation; hearing; where held; commission; powers.
66-1812 - Rate proceeding; intervention by county or city.
66-1813 - Proceedings for review; parties; rights and privileges.
66-1814 - Action of commission; review.
66-1815 - Jurisdictional utility; reports; failure to file; penalty.
66-1816 - Jurisdictional utility; ownership of competitor; prohibited; when.
66-1817 - Completion and dedication of property.
66-1818 - Commission; examinations and audits; authorized.
66-1819 - Nonregulated private enterprise; how treated.
66-1820 - Franchise ordinances; requirements.
66-1821 - Franchise or certificate of convenience; restrictions.
66-1822 - Prohibited acts; penalty.
66-1823 - Criminal and civil proceedings to compel compliance.
66-1824 - Federal actions; commission; powers.
66-1825 - Rates; requirements.
66-1826 - Payment of dividends; limitation.
66-1827 - Encumbrance of property; limitation.
66-1828 - Reorganization or change of control; approval required.
66-1829 - Disclosure of information; limitations.
66-1830 - Office of public advocate; created; duties; appointment; qualifications.
66-1831 - Public advocate; powers.
66-1832 - Office of public advocate; administration.
66-1833 - Public advocate; access to information; limitations.
66-1834 - Public advocate; records; how kept.
66-1835 - Public advocate; ex parte communications.
66-1836 - Investigations; powers.
66-1837 - Commission; contract for services.
66-1838 - General rate filings; requirements.
66-1840 - Commission; investigation expenses; assessment against jurisdictional utility; procedure.
66-1842 - Public Service Commission Regulation Fund; created; use; investment.
66-1843 - Jurisdictional utility; failure to pay assessment; procedure.
66-1844 - Jurisdictional utility; objections to assessment; procedure.
66-1845 - Jurisdictional utility; assessment; action to recover.
66-1846 - Action to recover assessment; requirements.
66-1847 - Public natural gas utilities; requirements.
66-1848 - Competitive natural gas providers and aggregators; terms, defined.
66-1850 - Act; enforcement; prior law; applicability.
66-1851 - Jurisdictional utility; customer choice or other programs; how treated.
66-1852 - Extension of natural gas mains or other services; limitations.
66-1853 - Certificate of public convenience; requirements.
66-1854 - Cost of gas supply; effect on rate schedules; procedure.
66-1855 - Banded rates; commission; powers.
66-1856 - Construction of new facilities; prior approval not required.
66-1857 - Rights and remedies; how construed.
66-1858 - Metropolitan utilities district; solicitations prohibited; proposals authorized; when.
66-1859 - Enlargement or extension of area; applicability of sections.
66-1860 - Enlargement or extension of area; considerations.
66-1861 - Enlargement or extension of area; rebuttable presumptions.
66-1862 - Duplicative gas mains or services; prohibited.
66-1863 - Enlargement or extension of area; review by Public Service Commission; when required.
66-1864 - Enlargement or extension of area; records; open to public; use.
66-2101 - Legislative declaration.
66-2103 - City; utilization of funds; powers.
66-2104 - Rural infrastructure development; jurisdictional utility; powers.
66-2105 - Jurisdictional utility; consider factors.
66-2106 - Jurisdictional utility; applicability of other law.
66-2107 - Sections; applicability.
66-2202 - Renewable Fuel Infrastructure Program; created.
66-2203 - Grant; application; ethanol infrastructure project; eligibility for grant.
66-2204 - Application; contents.
66-2205 - Department; determine amount of grants; cost-share agreement; award; limitation.
66-2206 - Retail motor fuel site; requirements.
66-2207 - Renewable Fuel Infrastructure Fund; created; use; investment.
66-2301 - Nebraska Hydrogen Hub Industry Work Group; members; duties.