75-139. Rate order; appeal; when effective; supersedeas bond; effect; applicability of section.
(1) Except as otherwise provided in this section, the effective date of a rate order that is appealed shall be the first Monday following the date of the appellate court's mandate if the order is affirmed, except that (a) a shipper may make effective a rate order reducing a fixed rate by filing a supersedeas bond with the commission sufficient in amount to insure refund of the difference between the rate appealed and the original rate to the carrier entitled thereto if the order appealed is reversed and (b) a common carrier may make effective a rate order increasing a fixed rate by filing a supersedeas bond with the commission sufficient in amount to insure refund of the difference between the rate finally approved and the rate appealed to shippers or subscribers entitled thereto if the order appealed is reversed.
(2) A supersedeas bond may be filed by any affected shipper or common carrier, including shippers or common carriers that were not parties to the rate proceeding, at any time prior to the issuance of the appellate court's mandate. Only the shipper or common carrier filing a supersedeas bond shall benefit from such filing.
(3) The commission shall approve a supersedeas bond which meets the requirements of this section within seven days after a written request therefor has been made, and failure to disapprove the bond within the time specified shall be deemed to be an approval.
(4) A carrier may put into effect rate increases granted by a commission order while appealing that portion of the commission's order denying a part of an application of the carrier.
(5) This section does not apply to rate orders under the State Natural Gas Regulation Act entered pursuant to section 66-1838.
Source
Cross References
Annotations
The filing of a motion for rehearing before the Public Service Commission is the commencement of an appeal proceeding, and where followed by overruling of the motion and filing of notice of appeal and appeal to Supreme Court the rate order is put in abeyance until a supersedeas bond is filed. Chicago & Northwestern Transp. Co. v. Nebco, Inc., 196 Neb. 490, 243 N.W.2d 779 (1976).
Structure Nebraska Revised Statutes
Chapter 75 - Public Service Commission
75-101 - Public Service Commission; members; qualifications; terms, defined.
75-101.02 - Public Service Commission; districts; population figures and maps; basis.
75-102 - Commissioners; official oath.
75-103 - Vacancies; appointment.
75-104 - Commissioners; salary; commissioners and employees; expenses; when allowed.
75-104.01 - Commissioner; salary increase; when effective.
75-105 - Seal; office; employees.
75-106 - Executive director; qualifications; salary; duties; fees for transcripts.
75-108 - Attorney General; act as legal advisor.
75-109 - Commission; regulatory powers; scope.
75-110 - Rules and regulations.
75-110.01 - Application or petition for authority or relief; procedures.
75-111 - Commission; investigatory powers.
75-112 - Commissioners and examiners; powers; certification of official acts.
75-113 - Records; prescribe; inspection.
75-114 - Records; refusal to permit examination; penalty.
75-116 - Annual report; filing requirements; fee.
75-117 - Order of commission; failure to comply; penalty.
75-118.01 - Certificate, permit, tariff, rule, or regulation; interpretation; jurisdiction.
75-119 - Rate, rule, or regulation; petition to prescribe or fix; procedure.
75-121 - Emergency rate orders; when authorized.
75-122.01 - Transferred to section 75-134.01.
75-123 - Rates; hearing; criteria.
75-125 - Rate schedule; failure to publish; mandamus.
75-126 - Unjust discrimination and practices prohibited; exceptions.
75-127 - Unjust discrimination and practices; violations; penalties.
75-128 - Hearings; when held; filing fee.
75-129 - Sessions and hearings; when and where held.
75-130.01 - Contested case; ex parte communication prohibited; applicability of section.
75-132 - Complaint; hearing; notice; order.
75-132.01 - Exclusive original jurisdiction; appeal.
75-133 - Regulated parties; proceeding by commission upon own motion; hearing; order.
75-134.01 - Order; enjoin, when.
75-134.02 - Motion for reconsideration.
75-135 - Commission order; authentication.
75-139 - Rate order; appeal; when effective; supersedeas bond; effect; applicability of section.
75-140 - Orders; enforcement; petition; notice.
75-141 - Order; proceeding to enforce; duty of Attorney General.
75-142 - Order; enforcement; procedure.
75-143 - Order; appeal; effect; attorney's fees.
75-144 - Order; violation; injunction; penalty.
75-148 - Common carrier; issuance of securities; conditions.
75-149 - Consolidation; securities; issuance; limitation.
75-150 - Securities; issuance; fees; expenses.
75-151 - Securities; violation; penalty.
75-152 - Common carriers; consignor; designation of means and routing of shipment.
75-153 - Common carriers; consignee; designation of means and routing of shipment; exception.
75-154 - Common carriers; consignor; violation of shipping instructions; damages.
75-155 - Violations; general penalty.
75-156 - Civil penalty; procedure; order; appeal.
75-157 - Hearing; order; requirements.
75-158 - Unpaid civil penalty; how treated.
75-201 - Air carrier; exempt from commission regulation.
75-301 - Motor carriers; regulation; legislative policy.
75-303 - Motor carriers; scope of law.
75-303.01 - Nonemergency medical transportation for medicaid clients; contracts authorized.
75-303.02 - Contracts for transportation; requirements.
75-304.01 - Rates, fares, and charges; commission prescribe; when.
75-305 - Fees; amount; when due; disposition.
75-306 - Receipt for fees; license plates and renewal tabs.
75-307 - Insurance and bond requirements; subrogation; applicability of section.
75-308 - Tariff; publication; unlawful practices.
75-309 - Certificate of public convenience and necessity or permit; required; exception.
75-309.01 - Transportation of passengers for hire; operation without certificate; nuisance; penalty.
75-310 - Application for certificate or permit; petition for relief; requirements.
75-311 - Certificates; permits; designation of authority; issuance; review by commission; effect.
75-313 - Certificate; permit; terms.
75-314 - Deviation from route; special or charter parties.
75-315 - Certificates; permits; effective date; revocation or suspension; grounds.
75-319 - Sale, transfer, lease, or consolidation; temporary approval.
75-321 - Certificate; permit; death or incompetency of holder; transfer; approval of commission.
75-325 - Transportation network company; duties; driver; duties; complaints; commission; powers.
75-326 - Participating driver; requirements; criminal history record information check.
75-329 - Inspection of records; complaint; commission powers; treatment of records.
75-330 - Noncompete provision.
75-331 - Transportation Network Company Regulation Cash Fund; created; use; investment.
75-333 - Transportation network company insurance; requirements.
75-334 - Transportation network company insurance during application open stage; requirements.
75-335 - Coverage of insurance; certificate of insurance; filing required.
75-336 - Liability; certain payments; how treated.
75-337 - Owner of personal vehicle; duty.
75-338 - Sections; how construed.
75-339 - Personal automobile insurer; policy, amendment, or endorsement; contents.
75-340 - Cooperation with insurers; maintenance of records.
75-341 - Participating driver; proof of insurance coverage.
75-342 - Certain services; specific authorization from commission required.
75-344 - Transferred to section 2-2709.
75-345 - Transferred to section 2-2710.
75-346 - Transferred to section 2-2711.
75-347 - Transferred to section 2-2712.
75-362 - Federal regulations; terms, defined.
75-363 - Federal motor carrier safety regulations; provisions adopted; exceptions.
75-364 - Additional federal motor carrier regulations; provisions adopted.
75-365 - Definitions; applicability; report; requirements.
75-369.01 - Nebraska State Patrol carrier enforcement division; safety audit or compliance review.
75-369.02 - Safety rating; factors; notice.
75-369.04 - Civil penalty; order; contents; collection.
75-369.05 - Notice or order; service.
75-369.06 - Unpaid civil penalties; collection.
75-369.07 - Summary order; hearing; procedure; final order; appeal.
75-370 - Insurance, bond, certificate, and permit requirements; enforcement; duties.
75-371 - Insurance, bond, certificate, and permit requirements; violations; penalty.
75-385 - Division of Motor Carrier Services; established; Administrator of Motor Carrier Services.
75-386 - Division of Motor Carrier Services; duties.
75-389 - Rules and regulations.
75-391 - Motor carrier transportation contracts; exculpatory provisions prohibited.
75-393 - Unified carrier registration plan and agreement; director; powers.
75-396 - Rules and regulations.
75-397 - Forms and electronic systems to allow filings.
75-399 - Sections not applicable to intrastate commerce.
75-401 - Public Service Commission; jurisdiction; railroad safety; enforcement.
75-401.01 - Railroads; discontinue agency service or close station; hearing.
75-403 - Railroads; violation of orders of commission; civil liability; defenses precluded.
75-405 - Reciprocal demurrage; annual agreement.
75-410 - Transferred to section 74-1332.
75-411 - Transferred to section 74-1333.
75-412 - Transferred to section 74-1334.
75-413 - Transferred to section 74-1335.
75-414 - Transferred to section 74-1336.
75-415 - Transferred to section 74-1337.
75-416 - Transferred to section 74-1338.
75-417 - Transferred to section 74-1339.
75-418 - Transferred to section 74-1340.
75-419 - Employees; hours of labor.
75-420 - Employees; hours of labor; violation; penalty.
75-426 - Accidents; reports; filing; investigation; violation; penalty.
75-427 - Transferred to section 74-1331.
75-428 - Intersections; transfer facilities; duty to provide; violation; penalty.
75-429 - Switch stand lights and signals; operation; violation; penalty.
75-430 - Railroad signals; interference with view; authority of commission.
75-501 - Common carrier, declaration; commission jurisdiction; rules and regulations; validity.
75-502 - Pipeline carriers; powers.
75-503 - Pipeline carriers; tapping pipeline; commission may authorize.
75-604 - Transferred to section 86-128.
75-605 - Transferred to section 86-130.
75-606 - Transferred to section 86-161.
75-607 - Transferred to section 86-131.
75-608 - Transferred to section 86-132.
75-609 - Transferred to section 86-140.
75-609.01 - Transferred to section 86-141.
75-610 - Transferred to section 86-162.
75-611 - Transferred to section 86-133.
75-612 - Transferred to section 86-135.
75-613 - Transferred to section 86-136.
75-614 - Transferred to section 86-137.
75-615 - Transferred to section 86-138.
75-616 - Transferred to section 86-156.
75-617 - Transferred to section 86-160.
75-701 - Public Service Commission; jurisdiction denied.
75-703 - Intersections between railroads and highways; rules and regulations.
75-704 - Intersections between railroads and highways; prohibited acts.
75-706 - Intersections between railroads and highways; crossing of wires; clearance.
75-707 - Intersections between railroads and highways; crossing of wires; regulation.
75-708 - Wires; violation; penalty; enforcement.
75-709 - Electric lines; clearance from other lines.
75-710 - Electric line; construction or voltage increase; application required, when.
75-711 - Application to construct line or increase voltage; notice; hearing.
75-713 - Construction near airports; application; when.
75-715 - Construction near airports; notice of hearing; to whom; objections.
75-716 - Division of Aeronautics; file list of airports with commission.
75-717 - Construction near airports; hearing; order.
75-718 - Transmission, telephone, or telegraph lines; commission may vacate side of highway, when.
75-721 - Construction; operation; commission may regulate.
75-722 - Procedure; appeal; provisions applicable.
75-723 - Transmission, telephone, and telegraph lines; violations; penalty.
75-724 - Lines in cities or villages; exempt.
75-802 - Transferred to section 25-226.
75-903 - Grain dealer; licensure; requirements; fee.
75-903.01 - License; suspension or revocation; procedure.
75-903.02 - Criminal history record information check; fingerprinting; when.
75-904 - Grain dealer; receipt, contract, bill of lading, other written communication requirements.
75-905 - Recourse to grain dealer's security; when.
75-906 - Violation of security; commission; powers.
75-907 - Commission; adopt rules and regulations.
75-907.01 - Commission; inspection; powers.
75-1003 - Private water company; rates and charges; regulation by commission.
75-1004 - Commission; access to books and records.
75-1005 - Review of rates and charges; petition; hearing; notice.
75-1006 - Change to rates or charges; notice.
75-1007 - Change to rates or charges; petition; hearing; notice; procedure.
75-1008 - Commission; issue order; appeal; denial; effect.
75-1009 - Rate or charge; yield authorized.
75-1010 - Rules and regulations.