285 Neb. Admin. Code, ch. 3, § 029

Current through September 17, 2024
Section 285-3-029 - MISCELLANEOUS RULES
029.01 Denial of Application

When any application has been denied in whole or in part a subsequent application covering substantially the same subject matter will not be considered by the Board for a period of ninety (90) days from the date of the order entered, except for good cause shown. This provision shall not be construed to prevent any party from moving for a rehearing in any proceeding.

029.02 Amendments

On or about July 1st and January 1st of each year, the Board shall consider changes, amendments and repeal of rules and regulations adopted and in effect prior to these dates. Any party so desiring may file an application proposing such amendment or repeal of said rules and said application will be considered and acted upon at the following review period in the manner provided by statute,

029.03 Fees: Repealed
029.04 Costs of any hearing will be borne by the parties thereto in a proportionate share according to such parties' respective contribution to the record, unless otherwise ordered by the Board. If it is necessary for the Board to employ outside expertise to aide them in their determination, the cost of such expertise shall be assessed to the parties as determined by the Board.
029.05 Whenever practicable, in cases where large or cumbersome exhibits are introduced and utilized at a hearing, the party introducing and utilizing the same shall provide the Board with a small reproduction suitable to filing of the same.
029.06 Whenever the rules or regulations as prescribed by the. Board, or the statutes governing the Board, do not cover a question or given situation in regard to a procedural question, the Board shall be governed by the Rules governing administrative agencies of the State of Nebraska, Chapter 84, Article 9 of the Revised Statutes of the State of Nebraska.
029.07 During the July meeting of the Power Review Board the Board will vote on the need for a power supply plan and/or conservation report. The Board, consistent with Section 70-1024, will request the Nebraska Power Association or an outside independent source to prepare the reports.
029.08 Any Petition for Creation or any amendment to any Petition for Creation, of a district subject to Chapter 70, Article 6, filed with the Nebraska Power Review Board shall be accompanied by information about each existing and proposed subdivision. This information shall include:
(1) the total population of the district,
(2) the population of each subdivision, and
(3) the percentage of the total population in each subdivision. The percentages of the total population in each subdivision shall be evaluated and stated;
(a) as they exist currently,
(b) as they are proposed in the petition,
(c) as they would exist for the "mathematically ideal" case (the case in which the total population is divided by the number of subdivisions), and
(d) as they would exist using forecasted populations for the subdivisions, if the petitioner believes such forecasted populations are relevant. The petitioner shall inform the Board as to whether the petitioner believes that the "substantially equal" language in Section 70-604(6) is the relevant language, or the "not to be prejudiced thereby" language in Section 70-612 is the relevant language for evaluating the population divisions in the petition. The petitioner shall inform the Board if the district has exercised its authority to include or exclude areas so as to follow precinct or other boundaries.

285 Neb. Admin. Code, ch. 3, § 029