70-1013 Electric generation facilities and transmission lines; application; hearing; waiver; appearances; objections; amendments.
70-1013. Electric generationfacilities and transmission lines; application; hearing; waiver; appearances;objections; amendments.Upon application beingfiled under section 70-1012, the board shall fix a time and place for hearingand shall give ten days' notice by mail to such power suppliers as it deems to beaffected by the application. The hearing shall be held within sixty days unless for good cause shown the applicant requests in writing that such hearing not bescheduled until a later time, but in any event such hearing shall be held not more than one hundred twenty days fromthe filing of the application andthe board shall give its decision within sixty days after the conclusionof the hearing. Any parties interested may appear, file objections, and offerevidence. The boardmay grant the application without notice or hearing, upon the filing of suchwaivers as it may require, if in its judgment the finding required by section 70-1014 can be made without a hearing. Such hearing shall be conducted asprovided in section 70-1006. The board may allow amendments to the application,in the interests of justice. SourceLaws 1963, c. 397, § 13, p. 1265; Laws 1967, c. 425, § 1, p. 1301; Laws 2010, LB1048, § 4.Effective Date: July 15, 2010AnnotationsThe requirement that the hearing be held within thirty days unless a continuance has been requested by the applicant is directory, not mandatory. Omaha P. P. Dist. v. Nebraska P. P. Project, 196 Neb. 477, 243 N.W.2d 770 (1976).This section provides for filing of application, notice, and hearing of matters authorized under preceding section. City of Auburn v. Eastern Nebraska Public Power Dist., 179 Neb. 439, 138 N.W.2d 629 (1965).