This bill amends section 70-670 of the Reissue Revised Statutes of Nebraska to prohibit the use of eminent domain by consumer-owned utilities to acquire certain privately owned electric generation facilities. Specifically, it establishes that no consumer-owned utility providing wholesale or retail electric service in Nebraska can exercise eminent domain to acquire a privately owned electric generation facility that is designed to serve an industrial customer with a projected new electric load greater than one thousand megawatts. The bill outlines specific conditions under which this prohibition applies, including requirements for co-location with the industrial customer, approval from the Nebraska Power Review Board, and the execution of a long-term power purchase agreement or similar contractual structure.

Additionally, the bill stipulates that the industrial customer must bear all costs associated with the project, including fees and system upgrade costs incurred by the consumer-owned utility. It also defines "consumer-owned utility" to include various types of public and cooperative entities. The original section 70-670 is repealed, indicating a significant change in the legal framework governing the exercise of eminent domain in relation to privately owned electric generation facilities in Nebraska.

Statutes affected:
Introduced: 70-670