70-628.01. Joint exercise of powers by districts; agreement; terms and conditions; agent; powers and duties; prudent utility practice, defined; liabilities; sale, lease, merger, or consolidation; procedure.
(1) Such district shall have and may exercise any one or more of the powers, rights, privileges, and franchises mentioned in sections 70-625 to 70-628, either alone or jointly with one or more other districts. In any joint exercise of powers, rights, privileges, and franchises with respect to the construction, operation, and maintenance of electric generation or transmission facilities, hydrogen production, storage, or distribution facilities, or ethanol production or distribution facilities, each district shall own an undivided interest in each such facility and be entitled to the share of the output or capacity therefrom attributable to its undivided interest. Each district may enter into an agreement or agreements with respect to any electric generation or transmission facility, hydrogen production, storage, or distribution facility, or ethanol production or distribution facility with the other district or districts, and such agreement shall contain such terms, conditions, and provisions consistent with this section as the board of directors of the district shall deem to be in the interests of the district.
(2) The agreement may include, but not be limited to, (a) provisions for the construction, operation, and maintenance of an electric generation or transmission facility, a hydrogen production, storage, or distribution facility, or an ethanol production or distribution facility by any one of the participating districts, which shall be designated in or pursuant to such agreement as agent, on behalf of itself and the other participating districts or by such other means as may be determined by the participating districts and (b) provisions for a uniform method of determining and allocating among participating districts the costs of construction, operation, maintenance, renewals, replacements, and improvements with respect to such facility. In carrying out its functions and activities as the agent with respect to construction, operation, and maintenance of a facility, such agent shall be governed by the laws and regulations applicable to such agent as a separate legal entity and not by any laws or regulations which may be applicable to any of the other participating districts.
(3) Notwithstanding the provisions of any other law to the contrary, pursuant to the terms of the agreement any participating district or districts may delegate its powers and duties with respect to the construction, operation, and maintenance of a facility to the participating district acting as agent, and all actions taken by such agent in accordance with the provisions of the agreement shall be binding upon each of such participating districts without further action or approval by their respective boards of directors. The district acting as the agent shall be required to exercise all such powers and perform its duties and functions under the agreement in a manner consistent with prudent utility practice. For purposes of this section, prudent utility practice shall mean any of the practices, methods, and acts at a particular time which, in the exercise of reasonable judgment in the light of the facts, including, but not limited to, the practices, methods, and acts engaged in or approved by a significant portion of the electrical utility industry prior thereto, known at the time the decision was made, would have been expected to accomplish the desired result at the lowest reasonable cost consistent with reliability, safety, and expedition. In no event shall anything in this section be deemed to authorize any district to become liable for and to pay for any costs, expenses, or liabilities attributable to the undivided interest of any other district participating in such electric generation or transmission facility. Any district that is interested by ownership, lease, or otherwise in the operation of electric power plants, distribution systems, or transmission lines, hydrogen production, storage, or distribution facilities, or ethanol production or distribution facilities, either alone or in association with another district or districts, may sell, lease, combine, merge, or consolidate all or a part of its property with the property of any other district or districts with the approval of a majority of the board of directors of each district involved in the sale, lease, combination, merger, or consolidation.
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.