Section 291-1-001 - DEFINITIONS:The following definitions apply:
001.01 Applicant means a party or parties who have filed an application with the Commission.001.02 Application means an initial pleading seeking Commission action.001.03 Argument means the oral statement of the petitioner or any other party which explains his or her view of the facts and issue to be decided, the law applicable to the question presented, and the reasoning that connects the facts and law.001.04 Commission means the Nebraska Public Service Commission.001.05 Common Carrier means a person transporting passengers or goods or providing telecommunications services for hire to the general public at large in Nebraska intrastate commerce.001.06 Contested Case means a proceeding before the Commission in which the legal rights, duties, or privileges of specific parties are required by law or constitutional right to be determined after hearing before the Commission.001.07 Contract Carrier means a person transporting passengers or goods or providing telecommunications services for hire, other than as a common carrier, in Nebraska intrastate commerce.001.08 Declaratory Order Proceeding means a proceeding initiated by a petitioner seeking issuance of a binding order by the Commission as to the applicability of specified circumstances to a statute, rule, regulation, or order within the primary jurisdiction of the Commission.001.09 Departmental Complaint means a complaint filed by a director of a department alleging a violation of a statute, rule or Commission order and seeking relief.001.10 Executive Director means the designated person in charge of the daily operations of the Commission.001.11 Ex parte Communication means an oral or written communication which is not on the record in a contested case with respect to which reasonable notice to all parties was not given. Ex parte communication will not include: 001.11A Communications which do not pertain to the merits of a contested case;001.11B Communications required for the disposition of ex parte matters as authorized by law;001.11C Communications in a ratemaking or rulemaking proceeding except with respect to any proceedings in which the public advocate is a party as set forth in 002.11B; and001.11D Communications to which all parties have given consent.001.12 Formal Complaint means a written complaint filed with the Commission alleging a violation of a statute, rule or Commission order and seeking relief.001.13 Formal Intervenor(s) means an intervenor who files a Petition for Formal Intervention seeking to become a party to a Commission proceeding.001.14 Hearing Officer means the Commissioner or Commissioners conducting a proceeding pursuant to the Administrative Procedure Act, whether designated as the presiding officer, administrative law judge, or some other title.001.15 Informal Intervenor(s) means an intervenor who does not satisfy the requirements of formal intervention or files a satisfactory petition requesting informal intervention status. Informal intervenors are not made parties to the proceeding and their participation is limited.001.16 Intervenor(s) means persons, political subdivisions, corporations, organizations, or other entities who have or claim to have any interest, legal right, duty, privilege, or immunity, which would be directly affected by the Commission's issuance of a binding order.001.17 Jurisdictional Utility means a natural gas public utility subject to the jurisdiction of the Commission under the State Natural Gas Regulation Act as defined in section 661802 (10).001.18 Motion means an oral or written request addressed to a Hearing Officer or the Commission by any party to a proceeding.001.19 Necessary Party for Purposes of Petitions for Declaratory Rulings means a person who or an entity which has a specific interest in the applicability of the statute, rule, regulation, or order, as distinguished from a general interest such as may be the concern of the public at large. A necessary party is one which is or would be adversely affected in a legally cognizable way by the uncertainty sought to be resolved.001.20 Order to Show Cause means an order issued by the Commission directing a person subject to its jurisdiction to appear before the Commission and present evidence as to why the Commission should not take a particular action.001.21 Parties means persons, political subdivisions, corporations, organizations, or other entities subject to the jurisdiction of the Commission who are involved in a proceeding before the Commission according to the procedures set forth in this chapter. In a contested case, party means the person by or against whom a contested case is brought or a person allowed to formally intervene in a contested case.001.22 Person means an individual, firm, organization, corporation, company, association, partnership, joint stock association, body politic, common carrier, society, legal representative, trustee, receiver, assignee, guardian, executor or administrator.001.23 Petition means an initial pleading filed by or with the Commission that sets forth a claim and request for Commission action or initiates a proceeding.001.24 Petitioner(s) means a party or parties who have filed a petition with the Commission seeking issuance of a Commission order.001.25 Pleading means any petition, application, complaint, intervention, protest, answer, reply, notice, motion, stipulation, objection or order or other formal written document filed in a proceeding before the Commission.001.26 Protest means any pleading filed in opposition to an application.001.27 Protestant means a person filing a protest to the granting of an application.001.28 Public Advocate means the person appointed by the Executive Director to represent the interests of Nebraska citizens and all classes of jurisdictional utility ratepayers, other than high-volume ratepayers, in matters involving jurisdictional utilities and as trial staff before the Commission.291 Neb. Admin. Code, ch. 1, § 001
Adopted effective 4/21/2019