Nebraska Administrative Code Topic - POWER REVIEW BOARD
Here’s a comprehensive breakdown of Topic – Power Review Board under the Nebraska Administrative Code (Title 285):
📘 Overview: Title 285 – Nebraska Power Review Board
Nebraska's Administrative Code, Title 285, covers regulations governing the Power Review Board (PRB), which include:
Chapter 1 (§§ 285‑1‑001 to 285‑1‑003) – Procedures for exhibits to service area agreements. (law.cornell.edu)
Chapter 2 (285‑2‑001 to 285‑2‑005) – Procedures for applying for authorization to construct or acquire electric generation facilities, transmission lines over 700 V, wheeling, or submitting complaints. (law.cornell.edu)
Chapter 3 (285‑3‑001 to 285‑3‑029) – General rules of practice and procedure before the PRB. (law.cornell.edu)
These chapters form the core of regulatory processes overseen by the Power Review Board.
🚦 What the Power Review Board Does
Enforces service area agreements, determining which utilities can serve particular geographic zones. (powerreview.nebraska.gov)
Approves applications for new generation facilities and transmission lines (> 700 V). (powerreview.nebraska.gov)
Handles complaints from customers about denial of service or unfair treatment. (powerreview.nebraska.gov)
Manages retail and wholesale service area boundaries for consumer-owned utilities. (powerreview.nebraska.gov)
🏛️ Structure and Authority
Board Composition
5 members: at least one attorney, one engineer, one accountant, and two laypersons. Appointed by the Governor, confirmed by Legislature. Terms: four years, limited to three consecutive terms. No more than three members may be from the Governor's party. (powerreview.nebraska.gov)
Executive Director & Staff
The Board appoints an executive director (currently Timothy Texel, serving since 1998). (powerreview.nebraska.gov)
Support staff manage daily administrative, financial, and regulatory functions.
Powers and Duties
Conduct quasi-judicial hearings regarding approvals, complaints, and service-area disputes. (powerreview.nebraska.gov)
Approve or deny petitions to build electric infrastructure. (powerreview.nebraska.gov)
Maintain service area agreements (~390 on record), and issue biennial reports on assessments, system changes, construction costs, etc. (powerreview.nebraska.gov)
Oversee long-term power supply planning, including deregulation readiness and wholesale market assessments. (powerreview.nebraska.gov)
📚 Rules of Practice & Procedure
The PRB’s procedural framework is detailed primarily in:
Chapter 3 of Title 285 – standard rules of practice for hearings and filings
The 1989 Rules of Practice and Procedure (PDF) embodying the formal conduct guidelines (powerreview.nebraska.gov)
These govern timelines, notices, evidentiary standards, and formal hearing processes before the Board.
🔍 Finding the Regulations & Guidance
You can access the full Rules of Practice and Procedure PDF via the PRB’s “Regulations” page (last revised 1989).
Title 285 (Chaps. 1–3) is also available through LII/Cornell. (law.cornell.edu)
In addition, PRB offers guidance documents (e.g., for qualifying facility exemptions and transmission projects). (powerreview.nebraska.gov)
✅ Practical Implications
If you’re planning to construct a generation facility or transmission infrastructure in Nebraska, you’ll need to follow Chapter 2 procedures under Title 285.
To challenge a utility decision, familiarize yourself with complaint rules in Neb. Rev. Stat. 70‑1017 and procedural rules in Chapter 3.
For reviewing or amending service areas, examine Chapter 1 rules and relevant statutory sections (Neb. Rev. Stat. §§ 70‑1001–1027). (powerreview.nebraska.gov)
📌 Want to Dive Deeper?
Download the 1989 Rules of Practice PDF and review Chapters 1–3 in Title 285.
Explore the PRB’s guidance documents for specific technical/facility exemptions.
Use the Agendas & Minutes section on their site for recent Board decisions and activity.
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