70-1412. Joint authority member; power and energy contracts; conditions; payments; member; furnish authority money, property, and services; authority; lend member funds.
(1) Any public power district which is a member of the joint authority may contract to buy from the joint authority power and energy required for its present or future requirements, including the capacity and output of one or more specified projects. As the creation of a joint authority is an alternative method whereby a public power district may obtain the benefits and assume the responsibilities of ownership in a project, any such contract may provide that the public power district so contracting shall be obligated to make the payments required by the contract whether or not a project is completed, operable, or operating notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or the power and energy contracted for, and that such payments under the contract shall not be subject to any reduction, whether by offset or otherwise, and shall not be conditioned upon the performance or nonperformance of the joint authority or any other member of the joint authority under the contract or any other instrument. Any contract with respect to the sale or purchase of capacity or output of a project entered into between a joint authority and its member public power districts may also provide that if one or more of such public power districts shall default in the payment of its or their obligations with respect to the purchase of such capacity or output, then the remainder of the member public power districts, which are purchasing capacity and output under the contract, shall be required to accept and pay for and shall be entitled proportionately to use or otherwise dispose of the capacity or output which was to be purchased by the defaulting public power district.
Any such contracts with respect to the sale or purchase of capacity, output, power, or energy from a project may extend for a period not exceeding fifty years from the date a project is estimated to be placed in normal continuous operation; and the execution and effectiveness of such contract shall not be subject to any authorizations or approvals by the state or any agency, commission, or instrumentality, or political subdivision thereof.
(2) Payments by a public power district under any contract for the purchase of capacity and output from a joint authority shall be made from the revenue derived from the ownership and operation of the electric system of such public power district. A public power district shall be obligated to fix, charge, and collect rents, rates, fees, and charges for electric power and energy and other services, facilities, and commodities sold, furnished, or supplied through its electric system sufficient to provide revenue adequate to meet its obligations under any such contract and to pay any and all other amounts payable from or constituting a charge and lien upon such revenue, including amounts sufficient to pay the principal of and interest on bonds, if any, issued by the public power district for purposes related to its electric system.
(3) Any public power district which is a member of a joint authority may furnish the joint authority with money derived from the ownership and operation of its electric system or facilities and provide the joint authority with personnel, equipment, and property, both real and personal. Any public power district may also provide any services to a joint authority.
(4) Any member of a joint authority may contract for, advance, or contribute funds derived solely from the ownership and operation of its electric system or facilities to a joint authority as may be agreed upon by the joint authority and the member, and the joint authority shall repay such advances or contributions from proceeds of bonds, from operating revenue, or from other funds of the joint authority, together with interest at a rate agreed upon by the member and the joint authority.
(5) The joint authority may advance and lend to its members funds derived from the issuance of its bonds as may be agreed upon by the joint authority and the member, and such member shall repay such advances or contributions together with interest at a rate agreed upon by the members and the joint authority.
Source
Structure Nebraska Revised Statutes
Chapter 70 - Power Districts and Corporations
70-101 - Districts and corporations; furnish information; enforcement.
70-301 - Right-of-way; acquisition; procedure; approval.
70-303 - Right-of-way; abandonment, effect of.
70-304 - Right-of-way; acquisition; crop damage.
70-305 - Right-of-way; damage to private property; procedure.
70-306 - Placement of lines; procedure.
70-307 - Placement of lines; violation; penalty.
70-308 - Property within village or city; how treated.
70-313 - Electric transmission or electric distribution lines; liability; cost of removal.
70-408 - Electric companies; rates; kilowatt-hour meter; demand meter; minimum charge authorized.
70-409 - Electric companies; rate regulations; violation; penalty.
70-502 - Electric energy; sale or purchase; interconnections; contracts authorized.
70-503 - Acquisition, extension, and improvements; pledge of earnings or profits authorized.
70-504 - Sale, lease, or transfer; election and voter approval required; exceptions; procedure.
70-505 - Sale, lease, or transfer; documents; filing.
70-506 - Sale, lease, or transfer; statement and report; contents; filing.
70-507 - Sale, lease, or transfer; statement and report; certification; filing.
70-508 - Sale, lease, or transfer; false statement, report, or certificate; penalty.
70-509 - Sale, lease, or transfer; evidence of valuation.
70-510 - Sale, lease, or transfer; promotion expenditures; limitation.
70-511 - Sale, lease, or transfer; excessive promotion expenditures; violation; penalty.
70-513 - Sale, lease, or transfer; promotion expenditures; statement.
70-514 - Sale, lease, or transfer; promotion expenditures; failure to file statement; penalty.
70-515 - Applicability of laws.
70-602 - District; creation; general powers.
70-603 - District; organization; amendment of charter; petition.
70-604 - District; petition; contents.
70-604.01 - Chartered territory; boundaries.
70-604.02 - Operating area, defined.
70-604.04 - Operating area; electric utility not included, when; wholesale supplier; duties.
70-604.05 - District; noncompliance; complaint; hearing; notice; order; failure to comply; penalty.
70-604.06 - Nebraska Power Review Board; final action; appeal; manner.
70-604.08 - District; reorganization, consolidation, or merger; directors; continue to serve term.
70-604.09 - District; conduct business in other states; limitations.
70-605 - District; original creation; petition; signatures; number required.
70-606 - District; petition requirements.
70-607 - District; petition; investigation; approval.
70-608 - District; certificate of approval; filing.
70-609 - District; board of directors; assumption of duties.
70-609.01 - Board of directors; statement of public policy.
70-610 - Board of directors; candidate qualifications; election; expenses.
70-611 - Board of directors; election; certified notice; publication.
70-612 - Board of directors; election; subdivisions; procedure.
70-615 - Board of directors; vacancy; how filled.
70-616 - Board of directors; oath.
70-619 - Board of directors; qualifications; eligibility to serve.
70-620 - Officers; appointment; treasurer's bond.
70-620.01 - Chief executive officer; terms of employment; powers; duties.
70-621 - Board of directors; rules and regulations.
70-622 - Books and records; where kept; open to inspection.
70-623 - Fiscal year; annual audit; filing.
70-623.02 - Audit; records accessible to auditor.
70-623.03 - Failure to file audit; effect.
70-624 - Officers; compensation; approval; publication; violation; penalty.
70-624.01 - District; agent; cost-plus contracts prohibited.
70-624.02 - Board of directors; expenses; compensation; prohibitions; exceptions.
70-625 - Public power district; powers; restrictions.
70-625.01 - Rural areas; legislative findings and declarations.
70-625.02 - Electric transmission facilities and interconnections, defined; policy of state.
70-626.01 - Generating power agency; duty to sell electrical energy; when.
70-626.02 - Generating power agency; physical connections; establish; rates.
70-626.05 - Wheeling service; contract; dispute; exception; board; settlement.
70-627 - Irrigation works; construction; acquisition; contracts authorized.
70-628 - District; additional powers.
70-628.02 - Joint exercise of powers with municipalities and public agencies; authority.
70-628.03 - Joint exercise of powers with electric cooperatives or corporations; authority.
70-629 - Power to tax denied; exception.
70-630 - Water storage or service; contract required; conditions.
70-631 - Power to borrow; repayment of indebtedness; source of funds; security for indebtedness.
70-632 - Indebtedness; pledge of revenue, how made.
70-633 - Pledge of revenue; terms; directors to prescribe; officer of district; powers authorized.
70-634 - Pledge of revenue; provision for refunding indebtedness.
70-635 - Pledge of revenue; special fund.
70-636 - District; rates; agreement with security holders.
70-637 - Construction, repairs, and improvements; contracts; sealed bids; exceptions; notice; when.
70-638 - Contracts; sealed bids; advertisement.
70-639 - Letting of contracts; considerations.
70-640 - Contracts; Nebraska workmen preferred.
70-641 - Contracts; bonds; laws applicable.
70-642 - Damage, injury, or impairment to district property; emergencies; procedure.
70-642.01 - Conditions created by war or national defense; contracting requirements inapplicable.
70-643 - District; funds; how expended; bond, when required.
70-644 - District facilities and property; mortgage authorized; when.
70-645 - Pledge of revenue; authorized; when.
70-646.01 - District property; alienation to private power producers prohibited; exceptions.
70-648 - Receivership; when authorized; discharge of receiver; when.
70-651.01 - Districts; payments in lieu of taxes.
70-651.02 - Districts; payments in lieu of taxes; distribution; use.
70-651.03 - Districts; gross revenue tax; how determined.
70-651.04 - Districts; gross revenue tax; distribution.
70-651.05 - Public power districts; payment made in lieu of other taxes and fees; exceptions.
70-653.01 - Electric distribution system; purchase by city or village; payment in lieu of taxes.
70-653.02 - Cities and villages; payment in lieu of taxes; how paid.
70-655 - Reasonable rates required; negotiated rates authorized; conditions.
70-659 - Operation within city or village by district; franchise required.
70-660 - Franchise to operate utility; terms and conditions; rates prescribed.
70-661 - Contracts with city or village; terms and conditions.
70-663 - Amendment; approval procedure.
70-664 - Amendment; board approval; certificate; filing.
70-665 - Amendment; when effective.
70-666 - Dissolution; procedure.
70-668 - Streams; water rights; priority.
70-669 - Streams; inferior rights; acquired by superior right; how compensated.
70-671 - District; breaks, overflow, and seepage; liability.
70-672 - Water rights; eminent domain; condemnation; procedure.
70-673 - Competitive or proprietary information; withheld; when; procedures applicable.
70-680 - Judicial proceedings; bond not required, when.
70-706 - Articles of incorporation; contents.
70-707 - Electric cooperative; use of term restricted.
70-708 - Articles of incorporation; filing; certificate of incorporation; issuance.
70-709 - Certificate of incorporation; effect.
70-710 - Organizational meeting; bylaws; adoption; election of officers; notice; waiver.
70-711 - Bylaws; make, alter, amend, or repeal; contents.
70-712 - Membership; conditions.
70-713 - Meetings, where held; annual and special meetings.
70-714 - Meetings; notice; waiver.
70-715 - Members; voting rights.
70-716 - Membership certificate; issuance; transfer; conditions.
70-718 - Board of directors; number; powers; qualifications.
70-719 - Directors; alternate directors; election; compensation; expenses.
70-720 - Directors; alternate directors; vacancy; how filled.
70-721 - Board of directors; quorum; how determined.
70-722 - Board meetings; notice; waiver.
70-723 - Officers; powers; duties; removal.
70-724 - Executive committee; powers.
70-725 - Rates for electric energy and other services; nonprofit operation.
70-726 - Revenue; use; surplus; return to consumer.
70-727 - Articles of incorporation; amendment; procedure.
70-728 - Consolidation of corporations; how effected.
70-729 - Articles of consolidation; filing.
70-730 - Dissolution; procedure.
70-731 - Dissolution; discharge of liabilities; distribution of assets.
70-732 - Defective corporations; dissolution; procedure.
70-734 - Securities Act of Nebraska; inapplicable; when.
70-735 - Defective incorporation; correction; effect.
70-736 - Existing associations; compliance with sections.
70-737 - Sections, how construed.
70-738 - Sections; exclusive; applicability of other law.
70-801 - District; how created.
70-803 - Formation of district; petition; contents.
70-804 - Formation of district; petition; investigation; hearing; notice; expenses.
70-805 - Formation of district; petition; hearing; approval; procedure.
70-806 - Formation of district; petitioner; appeal; procedure.
70-807 - Formation of district; petition granted; interested person; appeal; procedure.
70-808 - Sections, how construed.
70-1001 - Declaration of policy.
70-1002.02 - Suppliers of electricity; sale in violation of approved agreement; prohibited.
70-1004 - Suppliers of electricity; filing of maps and service area statements; exception.
70-1006 - Hearings; continuance; rules of procedure.
70-1007 - Establishment of service areas; board; orders; policy considerations.
70-1014.01 - Special generation application; approval; findings required; eminent domain.
70-1017 - Suppliers; duty to furnish service; disputes submitted to board.
70-1018 - Suppliers; disputes over rates; submission to board; hearing; recommendations.
70-1021 - Microwave communication facilities; authorization; procedure; protest; hearing; when.
70-1022 - Microwave facilities or system; authorization; when not required.
70-1023 - Transferred to section 70-1001.01.
70-1024 - Power supply plan; board; powers and duties; special assessment.
70-1025 - Power supply plan; contents; filing; annual report.
70-1026 - Power supply plan; research and conservation report; contents.
70-1032 - Working group; members.
70-1033 - Nebraska Power Review Board; duties.
70-1101 - Declaration of policy.
70-1102 - Public power districts; agreements with municipalities; operation until January 1, 1972.
70-1104 - Public power districts; municipal operation; employees' rights respected.
70-1106 - Sections, how construed.
70-1301 - Statement of policy.
70-1302 - Electric rate disputes; legislative determination.
70-1303 - Wholesale purchaser; payment to supplier; when.
70-1304 - Wholesale purchaser; billing; dispute; notice; contents.
70-1305 - Wholesale purchaser; dispute; supplier establish escrow account.
70-1306 - Unresolved dispute; submitted to arbitration; rules applicable.
70-1307 - Arbitration board; membership.
70-1308 - Arbitrators; disqualifications.
70-1309 - Arbitration board; appointed; when; manner.
70-1310 - Arbitration costs and expenses; how assessed.
70-1311 - Arbitration board; personnel; hire.
70-1312 - Arbitration board; meetings; chairperson; disputed issues.
70-1313 - Failure to appoint an arbitrator; effect.
70-1314 - Arbitration board; proceedings; duties.
70-1315 - Supplier; notice to other wholesale purchasers; when.
70-1316 - Arbitration board; preliminary written statements; hearing; notice.
70-1317 - Dispute; production of documents and records; depositions.
70-1318 - Arbitration board; hearing; testimony; evidence; witnesses.
70-1319 - Arbitration board; hearing; duration.
70-1320 - Arbitration board; decision; findings.
70-1322 - Escrow account; distribution.
70-1323 - Escrow account; deficiency; effect; interest.
70-1324 - Arbitration; time limits; extension.
70-1325 - Arbitration board; final decision; appeal.
70-1326 - Arbitration board; decision; reversal, modification, or vacation; procedure.
70-1327 - Appellate court; trial; de novo on the record.
70-1329 - Wholesale purchaser; failure or refusal to make payment; supplier; remedies.
70-1403 - Legislative findings.
70-1404 - Public power district; joint project authorized; limitation; study.
70-1408 - Joint authority; executive committee; creation; exercise powers of board.
70-1409 - Joint authority; rights and powers; enumerated.
70-1410 - Joint authority; statutory restrictions applicable; when.
70-1411 - Joint authority; annual audit.
70-1413 - Joint authority project; sale of excess capacity; limitations; applicability.
70-1414 - Joint authority; issue bonds; pledge revenue; restrictions.
70-1415 - Joint authority projects; bonds; issuance; proceeds; uses.
70-1416 - Bonds; secured by trust agreement; covenants authorized.
70-1417 - Directors; establish rates and fees; limitation; pledge; lien.
70-1418 - Funds from bond issuance; investment authorized; conditions.
70-1419 - Bondholder; trustee; enforcement of rights.
70-1420 - Refunding bonds; issuance; conditions.
70-1421 - Board of directors; grants-in-aid and loans; authorized; powers.
70-1422 - Sections, supplemental to other provisions.
70-1423 - Sections, how construed.
70-1501 - Statement of policy.
70-1502 - Suppliers; agreements authorized.
70-1503 - Agreement; Nebraska Power Review Board; approval required; procedure.
70-1504 - Agreement; dispute; hearing.
70-1505 - Supplier; competition and antitrust provisions; exemption.
70-1601 - Applicant for service; denial prohibited, when.
70-1602 - Domestic subscriber, defined.
70-1605 - Discontinuance of service; notice; procedure; limitation on fees.
70-1606 - Discontinuance of service; notice; contents; accessible to public.
70-1607 - Discontinuance of service; third-party notice procedure.
70-1608 - Discontinuance of service; dispute; conference.
70-1609 - Discontinuance of service; dispute; statement; effect.
70-1610 - Conference; employee; duties.
70-1611 - Conference; employee; decision to terminate service; when.
70-1612 - Appeal; hearing; procedure.
70-1613 - Appeal; hearing; domestic subscriber; rights.
70-1614 - Appeal; hearing; management office; duties.
70-1615 - Sections; not applicable; when.
70-1702 - Purchase agreement; contents.
70-1703 - Agreement; other provisions applicable.
70-1704 - Ownership agreement; terms and conditions.
70-1705 - Sections; how construed.
70-1802 - Definitions, where found.
70-1803 - Financing costs, defined.
70-1805 - Mandated project, defined.
70-1805.01 - Mandated project bond issuer, defined.
70-1806 - Mandated project bonds, defined.
70-1807 - Mandated project charge, defined.
70-1808 - Mandated project costs, defined.
70-1809 - Public entity, defined.
70-1810 - Related operating expenses, defined.
70-1811 - Special revenue, defined.
70-1813 - Issuance of mandated project bonds; authorized; proceeds; use.
70-1814 - Mandated project charges; use.
70-1815 - Public entity; discretionary actions.
70-1816 - Public entity collecting mandated project charges; billing explanation required.
70-1817 - Act and grants of power; how construed.
70-1818 - Creation of mandated project bond issuer; procedure; board of directors.
70-1905 - Electric supplier; duties.
70-1907 - C-BED project developer; provide notices.
70-1908 - Sections; how construed.
70-1909 - Electric supplier; limit on eminent domain.
70-2001 - Legislative findings.
70-2005 - Annual net metering report; contents.
70-2102 - Legislative findings.
70-2103 - Public power supplier, defined.
70-2104 - Prohibited acts; penalty.
70-2105 - Nuclear electrical generating facility; nuclear fuel; prohibited acts; penalty.