Southern Nebraska Rural Public Power District v. Nebraska Electric Generation & Transmission Cooperative, Inc.

The appellants, Southern Nebraska Rural Public Power District (Southern), Elkhorn Rural Public Power District (Elkhorn), and Niobrara Valley Electric Membership Corporation (Niobrara), brought this action for declaratory judgment pursuant to Neb. Rev. Stat. § 25-21,149 et seq. (Reissue 1995). The appellants seek to have their wholesale electric power contracts with the appellee Nebraska Electric Generation and Transmission Cooperative, Inc. (NEG&T), declared void as against the public policy of this state. At trial, the action was submitted on stipulated facts. The district court found in…