70-1014.01 Special generation application; approval; findings required; eminent domain.
70-1014.01. Special generationapplication; approval; findings required;eminent domain.(1) Except as providedin subsection (2) of this section, an application by a municipality, a registeredgroup of municipalities, a public power district, a public power and irrigationdistrict, an electric cooperative, an electric membership association, orany other governmental entity, fora facility that will generate not more than ten thousand kilowatts of electricenergy at rated capacity and will generate electricity using solar, wind,biomass, landfill gas, methane gas, or hydropower generation technology oran emerging generation technology, including, but not limited to, fuel cellsand micro-turbines, shall be deemed a special generation application. Suchapplication shall be approved by the board if the board finds that (a) theapplication qualifies as a special generation application, (b) the applicationwill provide public benefits sufficient to warrant approval of the application,although it may not constitute the most economically feasible generation option,and (c) the application under consideration represents a separate and distinctproject from any previous special generation application the applicant mayhave filed.(2)(a) An application by a municipality, a registered groupof municipalities, a public power district, a public power and irrigationdistrict, an electric cooperative, an electric membership association, orany other governmental entity for a facility that will generate more thanten thousand kilowatts of electric energy at rated capacity and will generateelectricity using renewable energy sources such as solar, wind, biomass, landfillgas, methane gas, or new hydropower generation technology or an emerging technology,including, but not limited to, fuel cells and micro-turbines, may be filedwith the board if (i) the total production from all such renewable projects,excluding sales from such projects to other electric-generating entities,does not exceed ten percent of total energy sales as shown in the producer'sAnnual Electric Power Industry Report to the United States Department of Energyand (ii) the applicant's governing body conducts at least one advertised publichearing which affords the ratepayers of the applicant a chance to review andcomment on the subject of the application.(b) The application shall be approved by the board if theboard finds that (i) the applicant is using renewable energy sources describedin this subsection, (ii) total production from all renewable projects of theapplicant does not exceed ten percent of the producer's total energy salesas described in subdivision (2)(a) of this section, and (iii) the applicant'sgoverning body has conducted at least one advertised public hearing whichaffords its ratepayers a chance to review and comment on the subject of theapplication.(3) A community-based energy development project organizedpursuant to the Rural Community-Based Energy Development Act which intendsto develop renewable energy sources for sale to one or more Nebraska electricutilities described in this section may also make an application to the boardpursuant to subsection (2) of this section if (a) the purchasing electricutilities conduct a public hearing described in such subsection and (b) thepower and energy from the renewable energy sources is sold exclusively tosuch electric utilities for a term of at least twenty years.(4) No facilityor part of a facility which is approved pursuant to this section is subjectto eminent domain by any electric supplier, or by any other entity if thepurpose of the eminent domain proceeding is to acquire the facility for electricgeneration or transmission. SourceLaws 2003, LB 65, § 3; Laws 2009, LB561, § 2; Laws 2010, LB1048, § 7.Effective Date: July 15, 2010 Cross ReferencesRural Community-Based Energy Development Act, see section 70-1901.