Legal Opinion

Opinion No. (1980)

Nebraska Attorney General Reports

Decided March 19, 1980Published

1Opinion of the Court

REQUESTED BY: Gary D. Gustafson, Executive Secretary, Nebraska Power Review Board. Does section 70-1012, R.S.Supp. 1979, permit a municipality to replace an existing plan of less than 25,000 kilowatts without approval of the Nebraska Power Review Board?

Only if the existing plant is being replaced by one of the same size and the newly constructed plant will not be used to supply wholesale power to customers outside the applicant's existing retail service or chartered territory.

The Nebraska Power Review Board was created by the Nebraska Legislature via section 70-1003, R.R.S. 1943, to carry out…

2Cases cited7 opinions

  1. Keller v. STATE, DEPARTMENT OF ROADSNebraska Supreme Court · 1969
  2. Hubbell Bank v. BryanNebraska Supreme Court · 1932
  3. Little v. StateNebraska Supreme Court · 1900
  4. State ex rel. School District No. Six v. MooreNebraska Supreme Court · 1895
  5. Brown v. SullivanNebraska Supreme Court · 1976

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