70-704. Corporate powers.
Each corporation shall have power: (1) To sue and be sued, complain, and defend, in its corporate name; (2) to have perpetual succession unless a limited period of duration is stated in its articles of incorporation; (3) to adopt a corporate seal, which may be altered at pleasure, and to use it or a facsimile thereof, as required by law; (4) to generate, manufacture, purchase, acquire, and accumulate electric energy and to transmit, distribute, sell, furnish, and dispose of such electric energy; (5) to acquire, own, hold, use, exercise and, to the extent permitted by law, to sell, mortgage, pledge, hypothecate, and in any manner dispose of franchises, rights, privileges, licenses, rights-of-way, and easements necessary, useful, or appropriate; (6) to purchase, receive, lease as lessee, or in any other manner acquire, own, hold, maintain, sell, exchange, and use any and all real and personal property or any interest therein for the purposes expressed herein; (7) to borrow money and otherwise contract indebtedness, to issue its obligations therefor, and to secure the payment thereof by mortgage, pledge, or deed of trust of all or any of its property, assets, franchises, revenue, or income; (8) to sell and convey, mortgage, pledge, lease as lessor, and otherwise dispose of all or any part of its property and assets; (9) to have the same powers now exercised by law by public light and power districts or private corporations to use any of the streets, highways, or public lands of the state or its political subdivisions in the manner provided by law; (10) to have and exercise the power of eminent domain for the purposes expressed in section 70-703 in the manner set forth in sections 76-704 to 76-724 and to have the powers and be subject to the restrictions of electric light and power corporations and districts as regards the use and occupation of public highways and the manner or method of construction and physical operation of plants, systems, and transmission lines; (11) to accept gifts or grants of money, services, or property, real or personal; (12) to make any and all contracts necessary or convenient for the exercise of the powers granted herein; (13) to fix, regulate, and collect rates, fees, rents, or other charges for electric energy furnished by the corporation; (14) to elect or appoint officers, agents, and employees of the corporation and to define their duties and fix their compensation; (15) to make and alter bylaws not inconsistent with the articles of incorporation or with the laws of this state for the administration and regulation of the affairs of the corporation; (16) to sell or lease its dark fiber pursuant to sections 86-574 to 86-578; and (17) to do and perform, either for itself or its members or for any other corporation organized under the Electric Cooperative Corporation Act or for the members thereof, any and all acts and things and to have and exercise any and all powers as may be necessary, convenient, or appropriate to effectuate the purpose for which the corporation is organized. Notwithstanding any law, ordinance, resolution, or regulation of any political subdivision to the contrary, each corporation may receive funds and extend loans pursuant to the Nebraska Investment Finance Authority Act.
Source
Cross References
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.