NEBRASKA POWER REVIEW BOARD ORIENTATION MANUAL

TABLE OF CONTENTS

Chapter 1: BOARD ROLES AND RESPONSIBILITIES
Chapter 2: HISTORICAL PERSPECTIVE
Chapter 3: THE ELECTRIC INDUSTRY IN NEBRASKA
Chapter 4: HOW THE BOARD OPERATES
Chapter 5: PRB PLANNING AND REPORTS
Chapter 6: PRB POLICIES
GLOSSARY

CHAPTER 6

PRB POLICIES
ANNUAL CALENDAR OF MEETINGS

• FEBRUARY
  • National Rural Electric Association
  • Municipal Power Pool/Municipal Energy Agency of Nebraska Annual Meeting
  • National Association of Regulatory Utility Commissioners’ Winter Committee Meetings
• APRIL
  • League of Municipalities Utilities Section Annual Conference
• MAY/JUNE
  • American Public Power Association Annual National Conference
• JULY
  • National Association of Regulatory Utility Commissioners’ Summer Committee Meetings
• AUGUST
  • Tri-State G and T Annual Meeting
• OCTOBER
  • American Public Power Association Legal Seminar
• NOVEMBER
  • National Association of Regulatory Utility Commissioners’ Annual Convention
• DECEMBER
  • Nebraska Rural Electric Association Annual Meeting
• DATE VARIES
  • Nebraska Power Association Statewide Meeting           
    

Annual Agenda Items

• January:
  • Election of Board Officers.
• February:
• March:
  • Board members and executive director must file statement of Financial Interest (NADC Form C-1) with the Accountability and Disclosure Commission by April 1.
• April:
• June:
  • Decide whether the Board will give the executive director the cost-of-living raise that will be received by classified employees (if classified employees will receive a cost-of-living raise that year).
  • Determine whether there is a need to encumber funds for next year.
  • Approve assessment figure and amount of reserve funds to be used for the Board’s budget for the next fiscal year.
• July:
  • Approve annual load and capability report (per section 70-1025(3)). Prepare Biennial Report for Governor in even-numbered years.
• August:
  • Board prepares executive director’s annual performance evaluation. A copy of the evaluation must be provided to the DAS State Personnel Director, per section 81-11,104.
• September:
• October:
• November:
• December:

POLICY NO. 1
LONG DISTANCE TELEPHONE CALLS

I. PURPOSE

This policy describes when long distance telephone calls made by board members or employees of the Nebraska Power Review Board may be considered an allowable state expenditure.

II. Calls Pertaining To State Business

Charges for long distance telephone calls will either be paid by the Board directly (by using a state calling card), or the Board member or employee will be reimbursed, for any calls relating to state business. This policy is effective regardless whether the Board member or employee is in travel status. Board members and employees may be provided a state-issued telephone calling card.

III. Calls Not Pertaining to State Business

A. Charges for long distance telephone calls not related to state business may be considered a state expense and may be paid by the Board (or the cost of the call reimbursed to Board members or employees) under the following circumstances:

1. The Board member or employee is in travel status on state business.
2. The Board member or employee is allowed two (2) calls for each 24-  hour period he or she remains in travel status, subject to the total time limitations set out in Paragraph 3 below.
3. The Board member or employee shall be allowed to make calls totaling ten (10) minutes per 24-hour period he or she remains in travel status.
4. There shall be no restrictions regarding who the Board member or employee may call, or the reason for the calls.

B. Telephone access charges shall be reimbursable.

C. The above limitations may be waived by the Board Chair or the Executive Director in the case of an emergency or other exigent circumstances.

Approved at NPRB Meeting on December 18, 1998

POLICY NO. 2
EMPLOYEE AND BOARD MEMBER RECOGNITION

I. Purpose.

This policy describes the Board’s policy concerning recognition of service by its employees and Board members.

II. Years of Service Awards

The Board may recognize employees for length of service to the State of Nebraska with a maximum dollar value per award as follows:

5-19 years of service     --$25.00
20-39 years of service   --$50.00
40 years or more           --$75.00

III. Board Member Service Awards

Presented to Board members for their years of service to the Nebraska Power Review Board. This award recognizes departing members who have significantly contributed to the success of the agency. The cost for such recognition shall not be more than $75.00 per Board member.

IV. Retirement Awards and Recognition

A meal at retirement celebrations or a gift certificate to a restaurant for a later date may be allowed for the retiree and one guest, limited to $25.00 per meal ($50.00 total).

The amount to be spent on food and refreshments for a retirement event will be determined by the current Board at the time of each retirement function and submitted to DAS for approval.

Approved at NPRB meeting on April 15, 2005.

POLICY NO. 3
REIMBURSEMENT FOR PHOTOCOPYING EXPENSES

I. Purpose.

This policy establishes the amount that the Board will charge for copies of public records within the Board’s possession, made by the Board’s staff.

II. Policy Applicability and Explanations.

A. There shall be no charge for requests involving thirty-five (35) copies or less subject to the provisions set out in subsection II (B) below.

B. For copy request of less than thirty-five (35) copies but where the Board’s staff will be required to expend over one-half hour searching for specific records, reimbursement may be collected for staff time. For request involving over thirty-five (35) copies, in addition to any per copy charges reimbursement for staff time over one-half hour will be collected.

C. Double-sided copies made on a single sheet of paper will be treated as two copies for purposes of this policy.

III. Reimbursement Charges For Public Records Maintained by the Board.

A. Records maintained on paper.

1. The charge will be twenty cents ($.20) for each photocopy made on standard 8 ½ X 11 inch or legal size 8 ½ X 14 inch paper.
2. The charge will be thirty cents ($.30) for each photocopy made on 11 X 17 inch paper.
3. For copies of large maps or other documents which require specialty copying equipment, costs will be assessed for the actual cost of the copies made and the staff time involved.
4. Copies made by the Board will be black and white, even when original documents are in color, unless prior arrangements are made with the Board. Additional expense may be charged for color copying. Reimbursement will be for actual costs of copying, including paper and staff time.

B. Records maintained electronically.

1. If the person requesting records maintained on the Board’s computers supplies the Board with a formatted disk, the charge will be based on the time it takes the Board’s staff to transfer or copy the files requested onto the disk. The Board will not supply formatted disks.
2. The charge will be twenty cents ($.20) per page for each copy of a document maintained electronically that is printed out on the Board’s printer.

IV. Postage Expense

Actual postage costs incurred to mail photocopies of public records to individuals requesting those documents will be added to the total cost to be reimbursed. The board will send documents via first class United States Postal Service unless the requesting party makes other arrangements with the Board. There will no postage reimbursement required for copy requests involving thirty-five (35) or fewer copies.

V. Waiver of Reimbursement Charges

A. The Board will normally not collect reimbursement for photocopies made at the request of any Nebraska power supplier (including its agents or representatives) that is assessed by the Board for its operating expenses. The expenses incurred due to the Board’s normal business activities involving these entities are already recovered through the assessments levied against Nebraska’s power suppliers pursuant to Neb. Rev. Stat. section 70-1020.

B. The charges for reimbursement may be waived by the Board Chair or the Executive Director for good cause.

VI. Deposits.

If the Board’s staff estimates that the cost of photocopying or otherwise copying the public records will total $50.00 or more, the Board may require that the estimated cost of the copying be deposited with the Board prior to making the copies. If the cost of the copying is less than the amount deposited, the unused portion of the deposit will be promptly returned to the party making the request.

Approved as amended at NPRB meeting on Nov. 8, 2002
(Originally approved on May 19, 2000).

POLICY NO. 4
APPROVAL OF TRAVEL PLANS FOR PRB STAFF

I. Purpose.

This policy establishes the method by which travel plans for the Power Review Board’s staff will be approved.

II. Policy Applicability and Explanations.

• This policy shall apply to all full-time and part-time PRB staff, including the executive director.

• This policy will not normally apply to consultants or reimbursement for consultant travel expenses incurred while working on PRB business. The terms of the contract with a consultant will determine what travel authorization may be required or when.

III. Travel Authorization.

A. Travel Outside the State of Nebraska.

• The Board will approve travel for PRB staff when the travel will cause the staff member to travel outside the State of Nebraska, and will include either air fare or an overnight stay. The Board will consider such travel plans at any of the Board’s regularly scheduled public meetings.

• The Board may consider PRB staff travel plans at any of the Board’s regularly scheduled public meetings.

B. Travel within the State of Nebraska.

• The executive director will approve all travel requests (including his own travel plans) for travel that will be entirely within the State of Nebraska.

• The executive director will approve all travel requests (including his own travel plans) for travel that may involve leaving the State of Nebraska, but will not require air fare or an overnight stay.

IV. Emergency or Time Sensitive Travel

A. When time does not allow action at a regularly scheduled Board meeting on travel covered by III.A. above, the Board Chair is authorized to approve the travel.

B. If the Board Chair is unavailable or cannot be reached, the Board Vice-Chair is authorized to approve the travel covered by III.A. above.

V. Standing Approval for Travel.

• By adoption of this policy, the Board issues standing approval for PRB staff employees to attend the meetings as set out below. The normal dates during which the meetings are provided for guidance only, not as part of the basis for approval.

• The executive director is approved to attend the following meetings of the National Association of Regulatory Utility Commissioners (NARUC), as long as the meetings are held within the continental United States.

• The NARUC Winter Committee Meetings, usually held in Washington, D.C. in February.

• The NARUC Summer Committee Meetings, usually held in July.

c. The NARUC Annual Convention, usually held in November.

• The executive director is approved to attend the American Public Power Association’s Annual National Conference, usually held in June.

• The executive director, as the Board’s general counsel, is approved to attend the American Public Power Association’s Annual Legal Seminar, usually held in October.

• The executive director is approved to attend the Nebraska Power Association’s Statewide Conference.

5. The Board’s executive director and general counsel is approved to attend the Southwest Power Pool’s Regional State Committee (RSC) regular and annual meetings, normally held on a quarterly basis, and the Southwest Power Pool’s Board of Directors meetings and the Cost Allocation Working Group meetings.

Approved as amended at NPRB Meeting on March 19, 2010.
(Previously amended on June 26, 2009).
(Previously amended on March 23, 2001).
(Originally approved on Aug. 25, 2000).

POLICY NO. 5
TEMPORARY APPROVAL OF APPLICATIONS TO CONSTRUCT TRANSMISSION LINES IN EMERGENCY SITUATIONS

I. Purpose.

This policy establishes the procedure by which temporary approval of applications to construct transmission/distribution lines can be given to Nebraska power suppliers when an emergency situation exists, pending review of the application by the full Board.

II. Policy Applicability and Definitions.

• This policy shall apply to all applications filed with the Board for authority to construct electric transmission or distribution lines. This policy shall also apply to situations where two power suppliers have filed an application to transfer service area, and the power supplier that will acquire the service area rights wishes to construct a line into the territory prior to formal Board action approving the transfer.

• The term “emergency” or “emergency situation” as used in this policy shall be interpreted broadly to mean those situations where a customer or power supplier will likely face financial loss, inability to act due to weather, danger to health or safety, or other peril caused by delaying commencement of construction until the Power Review Board’s next scheduled meeting, or insufficient time in which to call a special meeting of the Board.

• An illustrative example of an emergency situation would be where electrical power is needed immediately to operate or restore operation to a stock pump or irrigation pivot during summer conditions, while the next Board meeting may be a week or more in the future. Without immediate electric service, the loss of livestock or crops is possible or even likely.

III. Procedure for Emergency Situations.

A. Contact with Power Review Board.

• When the Board receives an application requesting emergency consideration, or when the power supplier contacts the Board’s staff, the executive director will make a determination whether he believes an emergency situation exists. If a consent and waiver form will be necessary to avoid a hearing, the Board must also receive a consent and waiver form.
• If the executive director believes an emergency situation exists, he will contact the Board Chair.

B. Temporary Approval.

• The Board Chair is authorized to determine if the power supplier should be given temporary approval to begin construction of the transmission or distribution project.
• The executive director will notify the power supplier of the Board Chair’s decision. This notification may be sent via facsimile transmission or e-mail.
• If the Board Chair is unavailable or cannot be reached, the Board Vice-Chair is authorized to make the determinations set out in paragraph B.1 above.
• If the Board Chair and Vice Chair are both unavailable or cannot be reached, the executive director is authorized to make the determinations set out in paragraph B.1 above.

IV. Restrictions

• No emergency approval shall be given in those circumstances where consent of an interested utility is required in order to avoid the need for a hearing on the matter, but no such consent for construction and waiver of hearing has been received. In those circumstances, a hearing must be held before construction may begin.

V. Time Limits on Temporary Approval

• The temporary emergency approval given in situations under this policy are expected to be rare, only in those situations where an electric customer, applicant for electric service, power supplier, or other interested person or entity faces a likelihood of harm, economic or otherwise, if construction cannot begin prior to the Board’s next public meeting.

B. The approval given under this policy in no way replaces or supplants the official approval required to be obtained by the Power Review Board as a whole. The temporary approval is only effective until the Board can act on the matter. The
 matter shall be placed on the agenda for the Board’s next available public meeting, in compliance with all legal requirements.

Approved as amended at NPRB Meeting on June 13, 2008.
Originally approved on August 25, 2000.

POLICY NO. 6
VACATION LEAVE RETENTION AND BALANCING
FOR NON-CLASSIFIED NPRB EMPLOYEES

I. Purpose.

This policy establishes the Board’s policy for the number of accrued vacation hours that can be carried over into the next calendar year by non-classified employees of the Nebraska Power Review Board.

II. Policy Applicability and Definitions.

A. This policy shall apply to the retention and balancing of accrued vacation leave hours only for non-classified employees. The provisions covering classified employees are set out in the Classified System Personnel Rules and Regulations published by the State Personnel Division.

B. Board or NPRB shall mean the Nebraska Power Review Board.

III. Board Findings.

A. The Board acknowledges the following facts, which were taken into consideration when adopting this policy:

1. The small size of the Board’s staff and the Board’s workload make it difficult for vacation time to be taken in increments that would significantly reduce the accrued vacation time of the Board’s employees, including the executive director.
2. The executive director must often take vacation time in small increments to reduce the negative impact on the Board’s office and the power industry, which expands the time needed in order to reduce excess vacation leave prior to the start of the next calendar year.

IV. Vacation Balancing and Retention.

A. For State employees in a non-classified position, the vacation leave total Prior Year Carry Over Balance cannot be greater than the hours earned for the year unless the Agency has adopted a policy allowing the carryover balance to be in excess of one year’s earnings, not to exceed 35 days (280).  (See Nebraska Employee Information System Manual, section number CONC-004, page 1, effective 4-1-94.)

B. It is the NPRB’s policy that for each employee in a non-classified position, the vacation leave total Prior Year Carry Over Balance can exceed the employee’s hours earned for the year.

1. The carry over balance of accrued vacation leave shall not exceed a total of 35 days (280 hours) for any NPRB non-classified employee. (See Nebraska Employee Information System Manual, section number CONC-004, page 1, effective 4-1-94.)

C. In special and meritorious cases, when it would cause hardship for an employee to take earned vacation leave before December 31, excess carry over leave may be approved by the executive director. (See Nebraska Classified System Personnel Rules and Regulations, Title 273, NAC, Chapter 9, section 004.02).

1. Approval of excess carry over leave must be in writing, signed by the executive director. Oral approval must be confirmed in writing to be valid.
2. The employee must use the excess vacation leave hours authorized to be carried over within the first six months of the next calendar year. The executive director will assure that the excess vacation leave hours carried over are used within the first six months of the next calendar year.
3. In no case shall approved carry over vacation continue from year to year.

Approved at NPRB meeting on November 17, 2000.

POLICY NO. 7
           APPROVAL OF TRAVEL PLANS FOR PRB BOARD MEMBERS

I. Purpose.

This policy establishes the method by which travel plans for the Board members of the Power Review Board will be approved.

II. Policy Applicability and Explanations.

• This policy shall apply to all Board members, including the chair and vice-chair.
• This policy is limited to travel for Board members. It does not apply to the Board’s staff employees or contractors.
• The term “the Board,” as used in this policy, refers to a quorum of the members of the Power Review Board.

III. Travel Authorization.

A. Travel Outside the State of Nebraska.

• The Board will approve travel for PRB members when the travel will cause the Board member to travel outside the State of Nebraska, and will include either air fare or an overnight stay. The Board will consider such travel plans at any of the Board’s regularly scheduled public meetings.
• The Board may consider PRB member travel plans at any of the Board’s regularly scheduled public meetings.

B. Travel within the State of Nebraska.

• Individual Board members may make their own determination regarding travel that will be entirely within the State of Nebraska and will not involve an overnight stay or air fare.
• Individual Board members may make their own determination and approval for travel that may involve leaving the State of Nebraska, but will not require the Board to incur air fare or overnight accommodations costs.

C. The Board may approve travel by authorizing the travel plans of a particular Board member. In the alternative, the Board may authorize travel to certain events by a set number of Board members, allowing the identity of the particular Board member(s) that will attend to be determined at a later time without further Board action.

IV. Emergency or Time Sensitive Travel.

• When time does not allow action at a regularly scheduled Board meeting on travel covered by III.A. above, the Board Chair is authorized to approve the travel.

B. If the Board Chair is unavailable or cannot be reached, the Board Vice-Chair is authorized to approve the travel covered by III.A. above.

V. Standing Approval for Travel.

A. By adoption of this policy, the Board issues standing approval for Board members to attend the meetings as set out below. The normal dates during which the meetings are provided for guidance only, not as part of the basis for approval.

• Two Board members are approved to attend the following meetings of the National Association of Regulatory Utility Commissioners (NARUC), as long as the meetings are held within the continental United States.
  • The NARUC Winter Committee Meetings, usually held in Washington, D.C. in February.
• The NARUC Summer Committee Meetings, usually held in July.

c. The NARUC Annual Convention, usually held in November.

• All five Board members are approved to attend the American Public Power Association’s Annual National Conference, usually held in June.
• All five Board members are approved to attend the Nebraska Power Association’s Statewide Conference.
• The Board’s attorney member, and any other Board member that is licensed to practice law in any state in the United States, are approved to attend the American Public Power Association’s Annual Legal Seminar, usually held in October.

5. The Board member that is the designated representative to the Southwest Power Pool’s Regional State Committee (RSC), or his or her proxy, is approved to attend the RSC’s regular and annual meetings, normally held on a quarterly basis, and to attend the Southwest Power Pool’s Board of Directors meetings and the Cost Allocation Working Group meetings.

Approved as amended at NPRB meeting on March 19, 2010.
(Previously amended on June 26, 2009).
(Originally approved on March 23, 2001).

POLICY NO. 8
RECONDUCTORING OF LINES

I. Purpose.

This policy establishes the Board’s policy regarding whether the “reconductoring” of electric transmission lines performed by power suppliers requires an application to be filed with the Board. When “reconductoring” constitutes general maintenance, it eliminates the need for the Board to approve the “reconductoring” process.

II. Policy Applicability and Definitions.

A. This policy applies to all transmission lines located in the State of Nebraska, over which the Board has jurisdiction.

B. Reconductoring is defined as replacing an existing conductor with a new single conductor that does not also involve increasing the voltage capability of the current transmission line.

III. Board Findings

A. That as long as the reconductoring process does not involve an increase in the voltage of transmission line in current use, and does not involve a change in the physical location of a transmission line or any part thereof, then reconductoring shall be classified as a general maintenance procedure.

1. Merely replacing or altering the support structures of transmission lines to comply with the National Electric Safety Code is considered general maintenance.

B. General maintenance performed on transmission lines does not require Board review or approval.

Approved at NPRB meeting January 25, 2002.

POLICY NO. 9
PAYMENT OF BAR ASSOCIATION DUES

I. Purpose.

This statement establishes the Board’s policy for the payment of the executive director and general counsel’s annual membership dues in the Nebraska State Bar Association and other similar professional organizations. At the Board’s December 17, 1999 public meeting the Board unanimously agreed to pay for the Bar membership dues of the executive director and general counsel and to do so beginning with the year 2000 Bar Dues

II. Policy Applicability and Definitions

A. “NPRB” shall mean the Nebraska Power Review Board.

B. This policy applies to the dues paid by the NPRB’s executive director and general counsel to the Nebraska Bar Association and other similar professional organizations.

III. Payment or Reimbursement of Bar Dues

A. The NPRB will pay the executive director and general counsel’s annual membership dues for the Nebraska Bar Association.

B. The NPRB will also pay the executive director and general counsel’s annual membership dues for the sections of the Nebraska Bar Association that are directly related to his/her work for the NPRB. Such sections will include but not be limited to, the Government Practice Section.

C. The NPRB will pay the executive director and general counsel’s membership dues for local bar association membership in the city/county where the NPRB is headquartered.

D. The NPRB will pay the executive director and general counsel’s annual membership dues in the Energy Bar Association.

IV. Method of Payment.

A. Payment of dues for the bar association and other related organizations enumerated in section III may be accomplished by:

1. The Board reimbursing the executive director and general counsel upon the Board’s staff receiving a receipt of payment of membership dues; or,
2. Direct billing to the Board’s office through use of the State’s accounting system.

Approved at NPRB meeting January 7, 2005.

POLICY NO. 10
APPROVAL FOR TRANSMISSION LINE PROJECTS
INVOLVING MULTIPLE POWER SUPPLIERS

I. Purpose

This policy establishes the Nebraska Power Review Board’s (the Board) policy regarding whether electric transmission lines constructed jointly by more than one power supplier constitute projects that require the Board’s review and approval prior to the commencement of construction as set out in Neb. Rev. Stat. section 70-1012 (1996). The Board believes that Neb. Rev. Stat. section 70-1012 is ambiguous regarding whether certain joint transmission facility projects require Board approval. This policy is intended to clarify the Board’s interpretation of the statute’s applicability in certain situations.

II. Policy Applicability and Definitions

A. This policy applies to those joint transmission facility projects where two or more power suppliers construct transmission facilities for which each entity involved will own that portion of the facility or transmission line that will be located entirely inside its own service area.

B. The Board recognizes there are numerous methods through which power suppliers could structure a joint transmission facility project. This policy is intended to apply to situations described in II.A (above), and not to others that are structured differently (such as, for example, situations where a power supplier would jointly own a transmission facility locate inside another power supplier’s service area, or a power supplier making installment payments to another power supplier responsible for constructing and initial financing for a project, where the power supplier responsible for constructing the project retains ownership of the transmission facilities until full payment for the facilities has been achieved; etc.).

C. This policy applies only to situations where the power supplier(s) holding the service area rights where the transmission facilities will be located either: 1) is the applicant or co-applicant, or 2) has filed a Consent and Waiver form indicating its consent to the construction in its service area and waives a hearing thereon.

III. Board Findings

A. An application must be filed with the Board Prior to commencement of construction in all joint transmission facility projects where any power supplier involved will at any time be involved in the construction or ownership, jointly or individually, of transmission facilities located outside the supplier’s service area.

1. An application filed with the Board for a project described in III.A.(above) will be reviewed by the Board’s staff. The executive director will make a determination whether an application meets the criteria for this policy and falls under the exemption from Board approval provided in Neb. Rev. Stat. section 70- 1012(1). If the application does not qualify, then the application will be processed in accordance with the Board’s normal procedures for applications. If it does qualify, Board staff will process it according to the guidelines in III.A.2(below).
2. If there are deficiencies in the application, the Board’s staff will contact the power suppliers in an attempt to correct the deficiencies. If the application is found to be complete and in compliance with the Board’s rules, the executive director will provide a letter to the power suppliers involved informing them that the application is complete and complies with the Board’s rules, and the construction may proceed.

B. No formal approval by vote of the Board is required prior to the commencement of construction in situations covered by this policy.

Approved at NPRB meeting September 19, 2003.

POLICY NO. 11
PROCEDURES FOR SPECIAL GENERATION APPLICATIONS FILED PURSUANT TO NEB. REV. STAT. section 70-1014.01

I. Purpose

Due to the enactment of Neb. Rev. Stat. section 70-1014.01 (formerly known as LB 65 (2003)) the Power Review Board (the Board) believes it beneficial to provide its staff and Nebraska power suppliers with guidance regarding the procedures the Board intends to follow when a special generation application is filed. Although this policy sets out the Board’s intentions regarding the procedures it will follow in such circumstances, the policy is intended only as guidelines for purposes of uniformity and predictability. The Board acknowledges that this policy does not have legal effect unless and until its provisions are included in the Board’s rules and regulations.

II. Policy Applicability and Definitions

A. This policy applies to all special generation applications filed pursuant to the provisions set out in Neb. Rev. Stat. section 70-1014.01.

III. Procedures To Be Followed

A. Upon receipt of an application, the Board’s executive director will determine whether the application can be placed on the Board’s next agenda. Due to a variety of factors present in each situation, and in order to provide maximum flexibility to the board’s staff and applicants, the Board believes it is best not to establish a set deadline by which applications must be submitted. Applicants wishing to know if sufficient time exists to have the matter be considered at the Board’s next scheduled meeting should coordinate with the Board’s executive director prior to filing the application.

B. The Board’s rules and regulations do not currently contain a separate format for special generation applications’. Power suppliers should continue to use the form provided in the Board’s rules at Appendix C of Title 285, Nebraska Administrative code, Chapter 2, (located on pages 8 and 9 of the Board’s rules).

1. The last paragraph of Appendix C (section 7, found on page 9) should be deleted and replaced with a new section 7. The new section 7 should state that the applicant is either a municipality, a registered group of municipalities, a public power district, a public power and irrigation district, and electric cooperative, and electric membership association, or another for of governmental entity, and that the application is filed as a special generation application under the provisions of Neb. Rev. Stat. section 70-1014.01.

C. If the applicant would prefer that a hearing not be held on its special generation application, the applicant must attach exhibits to the application that provide sufficient specific information to allow the Board to make the findings required in Neb. Rev. Stat. section 70-1014.01. The following exhibits should be included:

1. A sworn affidavit from an employee or agent of the applicant that is familiar with the proposed project. Among other information, this person should provide some details concerning where the facility will be located and the total cost of the project. He/she will attest to the amount of kilowatts of electric energy the facility will produce at the facility’s rated capacity (which cannot exceed 10,000 kilowatts); which method of generation listed in section 70-1014.01 the unit or facility will use; whether the power supplier involved has filed any other special generation applications, and if so, provide some reasons why the current application constitutes a separate and distinct project from the previous special generation applications.
   1. It is not required that all information be provided on one affidavit. Multiple affidavits are appropriate if different individuals have knowledge concerning different aspects of the proposed project.
2. A sworn affidavit describing the public benefits that will be provided by the project that warrant its approval even though it may not constitute the most economically feasible generation option.
3. A sworn affidavit describing the technical specifications or providing a brief description of the generation equipment that will be constructed or installed as a result of the project. If such specifications are in the form of drawings, photographs, etc., a sworn affidavit attesting to their authenticity must be attached.

D. The Board requests that if an applicant prefers the Board not to hold a hearing on its special generation application, the applicant inform the Board of this desire by filing a Request for Waiver of Hearing.

E. If the applicant has obtained signed Consent and Waiver forms from alternate power suppliers that the applicant believes may be affected by the special generation application, the signed originals should be submitted to the Board along with the special generation application and exhibits. Although it is usually helpful, it is not a prerequisite that the applicant obtain the Consent and Waiver forms from alternate power suppliers. The Board will provide written notice to these parties and provide them an opportunity to submit a Consent and Waiver Form.

F. The executive director will review the application and make an initial administrative determination whether the application qualifies as a special generation application.

G. If the application qualifies as a special generation application, a time and date for a hearing will be set. Written notice that the application was filed and notice of the hearing will be sent to the applicant and any alternate power suppliers the Board deems to be affected by the application.

1. The notice will state that if the Board determines the necessary findings can be made without a hearing, and if no interested parties file a Protest or Petition for Intervention in the proceeding, the Board may waive the hearing and consider approval of the special generation application during its next public meeting.

H. Notice will also be provided to the public and any other potentially interested parties through a legal notice that will be placed by the Board in a newspaper with general circulation in the affected area.

1. Similar to the provisions set out in G.1 (above), the public notice will state that if the Board determines the necessary findings can be made without a hearing, and if no interested parties file a Protest or Objection by the stated deadline, the Board may waive the hearing and consider approval of the special generation application during its next public meeting.
2. Upon the receipt of any Protest or Intervention, the Board’s staff will provide written notice to the applicant.

I. In the absence of a Protest or Intervention, the Board intends to normally not require a hearing for special generation applications.

1. The Board reserves the right to require a hearing if, in its discretion, it believes one is necessary. However, the Board anticipates that hearings would be used primarily when the project involves special or unique circumstances, or if the application and accompanying exhibits do not provide sufficient information upon which the Board can make the findings required in Neb. Rev. Stat. section 70-1014.01.

Approved at NPRB meeting October 17, 2003.

POLICY NO. 12
PROCEDURES FOR CONFIRMING EXEMPTION FROM POWER REVIEW BOARD APPROVAL FOR GENERATION PROJECTS THAT CONSTITUTE “QUALIFYING FACILITIES” UNDER THE PUBLIC UTILITIES REGULATORY POLICIES ACT OF 1978 (PURPA)

I. Purpose

This policy is being implemented to comply with the legal conclusions in Nebraska Attorney General’s Opinion No. 04024 (September 7, 2004). The Policy describes the procedures by which the Power Review Board (the Board) will confirm that renewable generation projects which are considered “qualifying facilities” under the Public Utilities Regulatory Policies Act of 1978 (PURPA), shall be exempt from the need to obtain Power Review Board approval prior to construction, or prior to interconnecting with the transmission grid in the case of an existing facility, pursuant to the requirements of Neb. Rev. Stat. section 70-1014.

II. Definitions

A. “Owner” for purposes of this policy shall mean one or more individuals or corporations, jointly or severally, in who is or will be vested primary or controlling interest in a proposed or existing generation facility.

B. “Qualifying Facility” for purposes of this policy shall mean a generation facility that meets the criteria to be considered a qualifying small power production facility or a qualifying cogeneration facility under federal regulations set out at 18 C.F.R. subpart B (18 CFR sections 292.201 through 292.211).

III. Policy Applicability

A. This policy applies to all renewable generation facilities whose owners obtain or wish to obtain certification for the project as a qualifying facility under PURPA. Certification of a project as a qualifying facility must be obtained through the Federal Energy Regulatory Commission (FERC), pursuant the criteria set out in the code of federal regulations at 18 C.F.R. part 292.

B. Generation facilities that constitute qualifying facilities are exempt from the need to obtain the Board’s approval. However, the owner of the proposed facility must provide the Board wit evidence that a proposed facility, or an existing facility that will be interconnected with the transmission grid, has obtained qualifying status through certification with FERC.

IV. Procedure To Be Followed

A. Owners seeking a determination that a proposed generation facility or an existing generation facility to be interconnected with the transmission grid is a qualifying facility and thus exempt from the Board review should contact FERC to obtain certification of the generation project as a qualifying facility.

B. After the owner of a generation project obtains certification of the project form FERC, the owner should provide the following to the Board:

     1. A copy of the completed Form 556 submitted to FERC.

     2. A copy of FERC’s docket confirmation documentation or FERC’s Order granting the application for FERC Certification.

     3. A brief transmittal letter stating that the owner has obtained certification of the facility from FERC and therefore intends to proceed with the project without filing an application with the Board.

C. Upon receipt of the documents listed in III.B.1-3 (above), the Board’s staff will provide written confirmation to the owner of the proposed generation facility that the evidence of FERC’s certification has been received and that the facility is therefore exempt from the need to obtain Board approval prior to commencement of construction, or interconnection of an existing facility, under Neb. Rev. Stat. section 70-1014.

D. In the event of the receipt of an application for approval of a generation facility which the Board’s staff believes may meet the criteria of a qualifying facility, the Board’s staff will contact the applicant and inform him or her that it appears the project may constitute a qualifying facility.

Such action by the Board’s staff in no way constitutes a determination that the generation facility does in fact constitute a qualifying facility. It is intended to bring the matter to the attention of those owners or applicants that may be unaware of PURPA’s provisions. The Board’s staff will recommend that the applicant investigate the matter further, contact FERC, or seek legal advice.

E. Exemption from the necessity of Board approval does not in any way relieve the owner from any applicable notice requirements or interconnection or safety standards that must otherwise be met prior to or subsequent to construction or installation of the qualifying facility.

Approved at NPRB meeting held October 21, 2004.

POLICY NO. 13
ASSESSMENT OF HEARING COSTS

I. Purpose

To clarify when the costs associated with a contested hearing before the Nebraska Power Review Board will be assessed against one or more of the parties participating in the hearing.

II. Policy Applicability and Definitions

This policy applies to all parties involved in contested hearings conducted by the Nebraska Power Review Board. The policy shall apply to both power suppliers and to non-utility parties that participate in a contested case based on a Complaint, Protest, Objection or Intervention with the Board.

The term “contested case” shall have the same meaning used in the Nebraska Administrative Procedure Act. Contested case means a proceeding before the Board in which the legal rights, duties or privileges of specific parties are required by law or constitutional right to be determined after an agency hearing. See Neb. Rev. Stat. § 84-901(3).

III. PRB Findings and Interpretations

A. If no parties in a contested case request that the Board be bound by the rules of evidence, it is the Board’s interpretation that the provisions of Neb. Rev. Stat. § 84-914(1) do not require that the services of a court reporter be procured. Thus, the proceedings could be tape recorded by the Board’s staff. If the Board’s decision is appealed, a court reporting service can transcribe the hearing record. The costs associated with the preparation of the transcript will be paid by the party appealing the Board’s decision.

B. Under Neb. Rev. Stat. § 84-914(1), if any party to a contested case submits a request that the Board be bound by the formal rules of evidence, the party or parties against whom a final decision is rendered must pay all costs incurred as a result of the formal hearing.

C. It is the Board’s policy to procure the services of a court reporter in conjunction with all formal hearings, regardless of whether any party to the contested hearing submits a request that the Board be bound by the rules of evidence. This is done for the Board’s convenience. The Board prepares a transcript in conjunction with all formal hearings. As an example, this allows the Board to create a well-prepared permanent record of the proceedings, and facilitates citation to the record for use in the Board’s Finding of Facts, Conclusions of Law and Order.

D. The Board finds that to assess the costs of a court reporter at a formal hearing before the Board, when no party has submitted a request that the Board be bound by the formal rules of evidence, places an undue burden on parties wishing to participate in a contested case and serves as a deterrent to participation by members of the public that may otherwise have standing and wish to participate in the hearing.

IV. Assessment of Costs For Formal Hearings
                            
A. When no party to a formal hearing held in conjunction with any contested case submits a request that the Board be bound by the formal rules of evidence, the costs of the court reporting service will not be assessed against the party or parties against whom a decision is rendered.

B. When any party to a formal hearing held in conjunction with any contested case submits a request that the Board be bound by the formal rules of evidence, the costs of the court reporting service will be assessed against the party or parties against whom a decision is rendered.

C. If a party filing a protest or objection to an application submitted by a power supplier waives his or her right to a hearing and agrees to submit the matter on the pleadings, and a formal hearing is nevertheless held in that matter, the costs associated with a court reporting service will not be assessed against that party.

Approved as amended at NPRB meeting on February 21, 2008.
(Originally approved on January 25, 2008.)

POLICY NO. 14
REPRESENTATION OF PARTIES BY NONLAWYERS

I. Purpose

This policy clarifies that the Nebraska Power Review Board (NPRB) allows an employee, officer or member of an entity meeting the requirements in Chapter 3, Article 10, § 3-1004(C)(2)(a) to (f) of the Nebraska Supreme Court’s rules governing the unauthorized practice of law, to represent that entity in administrative proceedings before the NPRB.

II. Policy Definition and Applicability

A. This policy applies to all nonlawyers who wish to appear in a representative capacity before the NPRB in a matter involving a contested hearing.

B. “Contested case” shall mean any administrative proceeding before the NPRB in which the legal rights, duties, or privileges of specific parties are required by law to be determined after an agency hearing, whether or not the hearing involves opposing parties.

III. Findings

A. That the NPRB is an agency of the State of Nebraska authorized to conduct contested administrative hearings on certain matters within its jurisdiction.

B. That Chapter 3, Article 10, § 3-1004(C) of the Nebraska Supreme Court’s rules governing the unauthorized practice of law establishes the conditions that must be met in order for a nonlawyer to appear in a representative capacity before an administrative tribunal or an agency of the State of Nebraska.

IV. Representation of Parties by Nonlawyers

A. The NPRB permits a nonlawyer employee, member, or officer of an entity or organization to represent that entity or organization. Prior to making an appearance or filing documents in a contested case before the NPRB, a nonlawyer must meet the prerequisites set out in Chapter 3, Article 10, § 3-1004(C)(2) of the Nebraska Supreme Court’s rules governing the unauthorized practice of law.

B. A nonlawyer representing a party in a contested case before the NPRB must provide the NPRB with written documentation demonstrating that the entity or organization has authorized the nonlawyer to appear on behalf of the entity or organization in matters before the NPRB.

C. Pursuant to Chapter 3, Article 10, § 3-1004(C)(2)(f) of the Nebraska Supreme Court’s rules governing the unauthorized practice of law, when any party requests that the NPRB be bound by the Nebraska Rules of Evidence in a contested case, a nonlawyer is no longer permitted to appear before the NPRB in a representative capacity in that matter.

D. The NPRB does not permit nonlawyers to represent unrelated parties in contested cases before the NPRB. See Nebraska Supreme Court rules, Chapter 3, Article 10, § 3-1004(C)(2)(a).  

Approved as amended at NPRB meeting on October 23, 2009.
(Originally approved at NPRB meeting on January 25, 2008.)

POLICY NO. 15
USE OF STATE VEHICLES

I. Purpose.

This policy is intended to establish the Nebraska Power Review Board’s (the Board) policy regarding Board members or staff using a State-owned motor vehicle to travel to a designated location or their home when the primary purpose of the travel serves a government purpose. The policy is intended to comply with the requirements set out in Neb. Rev. Stat. § ­­­49-14.101.03 (LB 626, section 3 (3) (2009)).

II. Policy Applicability.

A. This policy applies to all Board members and full-time or part-time Board employees. It does not apply to state contractors.

III. Authorized Use of State-Owned Vehicles.

A. Board members or employees are authorized to use a State-owned vehicle to travel to a designated location and back to attend functions related to his or her duties as a Board member or State employee. Procedures established by the applicable State entity in charge of the vehicle, such as the State Transportation Services Bureau, will be followed for obtaining a State vehicle.

B. A Board member or employee is authorized to use a State-owned vehicle to travel to his or her home or temporary residence when the primary purpose for doing so serves a government purpose. The following are examples of a governmental purpose for using a State-owned vehicle to travel to one’s home or temporary residence, and are authorized:

• When a Board member or employee will begin travel on Board business early in the morning, he or she may take the vehicle home the preceding evening in order to start from home. This allows the Board member or employee to begin his or her travel directly from his or her home, eliminating the need to travel to the State parking garage to obtain the vehicle. Such travel would only add additional travel time, and the Board member or employee may otherwise be entitled to reimbursement for the mileage needed to drive to the State parking garage.
• When a Board member or employee returns from attending a meeting or function that is related to his or her Board duties, the Board acknowledges that it may be late in the evening. Under such circumstances, the Board member or employee is authorized to use the
• State-owned vehicle to travel to his or her home for the evening and return the vehicle the next morning to the appropriate State entity from where the vehicle was obtained. When possible, the vehicle should be returned in an appropriate time and manner so as to avoid incurring another day’s travel cost to be incurred by the Board by allowing the Board member or employee to take the vehicle home the preceding evening.

C. Use of a State-owned vehicle to travel to a designated location or to take the vehicle home must be pre-approved by either the executive director or the Board Chairperson.

1.  If neither the Board Chairperson nor the executive director are available to approve the use of a State-owned vehicle, and time does not permit waiting for them to become available, the Board’s Vice-Chairperson can give the approval required in III.C.

Approved at NPRB meeting on June 26, 2009.

POLICY NO. 16
NOTICE CRITERIA FOR TRANSMISSION APPLICATIONS

I. Purpose.

This policy is intended to document the Nebraska Power Review Board’s (the Board) policy regarding what entities it deems to be “interested” for purposes of receiving written notice of an application to construct transmission facilities. The policy is intended to provide a general outline of the criteria the Board uses when determining what entities receive notice. It is not intended as an exclusive list of the criteria or outline of entities that the Board can consider.

II. Policy Applicability.

A. This policy applies to an application to construct a transmission facility filed with the Board.

III. Determination of “Interested” Party and Receipt of Notice.

A. In general, when an application involves a 34.5 kV transmission line or larger and is at least 5 miles in length a hearing date will be set and notice provided to the following entities:

1. Any municipality that is in the general area. There is no specific established mile limit, but if a line (or corridor with alternate routes) passes within approximately five miles of a municipality, a notice will be sent to the municipality. The size and purpose of the line, as well as the population density in the area could increase the range of the notice.
2. Any other transmission-owning utility that owns or operates facilities with which the new facility will interconnect.
3. The electric power supplier that holds the retail service area rights to the geographic territory where the facility will be located.
4. If the transmission line will cross over or come in close proximity to another transmission facility, the Board may provide notice to the owner of that line (if the Board is aware of the proximity).
5. Notice to the general public will be published in at least one newspaper with general circulation in the area where the project will be located.

Approved at NPRB meeting on February 18, 2011.

POLICY NO. 17
NOTICE CRITERIA FOR GENERATION APPLICATIONS

I. Purpose.

This policy is intended to document the Nebraska Power Review Board’s (the Board) policy regarding what entities it deems to be “interested” for purposes of receiving written notice of an application to construct generation facilities. The policy is intended to provide a general outline of the criteria the Board uses when determining what entities receive notice. It is not intended as an exclusive list of the criteria or outline of the entities that the Board can consider.

II. Policy Applicability.

A. This policy applies to an application to construct a generation facility filed with the Board.

III. Determination of “Interested” Party and Receipt of Notice.

A. In general, when an application is filed with the Board for authority to construct a generation facility, a hearing date will be set and notice provided to the following entities:

1. All utilities within approximately fifty (50) miles of the project that own or operate commercial generation facilities.
2. The electric power supplier that holds the retail service area rights to the geographic territory where the facility will be located.
3. If the facility will interconnect to a transmission provider other than the applicant, notice will be provided to the transmission-owning utility.
4. If the application is filed under § 70-1014.02 (a certified renewable export facility), all consumer-owned utilities serving more than 50 MW load at the time of the filing.
5. Notice to the general public will be published in at least one local newspaper with general circulation in the area where the project will be located.
6. Any power suppliers of which the Board is aware that will have a capacity purchase agreement entitling it to a set portion of the facility’s output.

Approved at NPRB meeting on February 18, 2011.

POLICY NO. 18
DEFINITION OF TERM “ULTIMATE USER” AS USED IN
NEB. REV. STAT. § 70-1011

I. Purpose

This policy establishes the Nebraska Power Review Board’s (the Board) interpretation of the term “ultimate users” used in Neb. Rev. Stat. § 70-1011. In particular, the Board wishes to clarify that the term “ultimate users” refers to the location of a load or customer, and not to the location of the meter or other point of interconnection where a load or customer’s system is connected or coupled with an electric power supplier’s distribution system.

II. Policy Applicability and Definitions

• This policy is intended to apply to situations covered under Neb. Rev. Stat. § 70-1011 where a power supplier is, or wishes to be, interconnected with a load or customer’s electric system for purposes of supplying the load or customer with electric service, when the load or customer is located outside the power supplier’s certified retail service area in the State of Nebraska.
• “Power supplier” follows the same meaning as provided in Neb. Rev. Stat. § 70-1001.01(2).
• “Load” or “customer” means an individual physical building, machine, equipment or similar devices (or sometimes a connected or related group of buildings, machines, equipment or similar devices) that uses the electricity provided to it by a retail power supplier.

III.      Board Findings

• It is the Board’s interpretation that the term “ultimate users,” as it is used in Neb. Rev. Stat. § 70-1011, refers to the physical location of a load or customer where the electricity is consumed or converted into another form of energy.
  • It is the Board’s interpretation that the term “ultimate user” does not refer to the location of the meter used to measure the amount of electricity provided to the load or customer.
• Based on the above interpretation, the Board believes that it is a violation of Nebraska law for a power supplier to provide electrical power to a load or customer located in any other power supplier’s certified retail service area, except by agreement of the suppliers involved, by order of the Board or a court of competent jurisdiction, or as authorized by some other legal authority determined to have jurisdiction over this matter.

Approved at NPRB Board Meeting April 22, 2011.