70-626.04. Disagreement between power agencies; file complaint with Nebraska Power Review Board; notice; hearing; order advisory provision; effect.

In the event of any disagreement between the generating power agency and a distribution power agency or between any of the power agencies, whether wholesale or retail, regarding the provisions of sections 70-626.01 to 70-626.03 and the use of transmission lines and associated facilities and the establishment of the physical connection therewith, either party to the disagreement may file a written complaint with the Nebraska Power Review Board requesting the board to hear the complaint and issue an order for settlement of the disagreement. Upon the receipt of such a request, the board shall set the matter for hearing within thirty days after the request is made by the complaining party. The board shall provide notice to the other party to the disagreement at least fifteen days prior to the hearing. After the hearing is completed the board shall, within forty-five days, enter an order setting forth its decision on the issues in disagreement and the disposition of the dispute, taking into consideration whether the relief requested by the complaining party is necessary or appropriate in the public interest and will place no undue burden upon the parties affected thereby. Any provision in an order of the board regarding any rate to be charged by a public power district or public power and irrigation district which has agreed with the holders of its outstanding bonds that the district will fix such rates shall be advisory only and shall not be binding on the district.

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