Legal Opinion

Opinion No. (2004)

Nebraska Attorney General Reports

Decided September 7, 2004Published

1Opinion of the Court

REQUESTED BY: Timothy J. Texel, Executive Director Nebraska Power Review Board You have asked whether the Public Utility, Regulatory Policies Act of 1978 (PURPA), a federal law which requires electrical utilities to offer to purchase excess electricity from qualifying generation facilities, applies to publicly-owned electric utilities such as Nebraska's public power districts and municipalities. Secondly, you ask whether PURPA's provisions pre-empt Nebraska law requiring Power Review Board approval prior to commencement of construction of a generation facility from which any portion of the…

2Cases cited19 opinions

  1. Hines v. DavidowitzSupreme Court of the United States · 1941
  2. Hodel v. Virginia Surface Mining & Reclamation Assn., Inc.Supreme Court of the United States · 1981
  3. English v. General Electric Co.Supreme Court of the United States · 1990
  4. Garcia v. San Antonio Metropolitan Transit AuthoritySupreme Court of the United States · 1985
  5. New York v. United StatesSupreme Court of the United States · 1992

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