Nebraska Revised Statute 70-1014
Electric generation facilities and transmission lines; approval or denial of application; findings required; regional line or facilities; additional consideration.
(1) After hearing, the board shall have authority to approve or deny the application. Except as provided in section 70-1014.01 for special generation applications, before approval of an application, the board shall find that the application will serve the public convenience and necessity, and that the applicant can most economically and feasibly supply the electric service resulting from the proposed construction or acquisition, without unnecessary duplication of facilities or operations.
(2) If the application involves a transmission line or related facilities planned and approved by a regional transmission organization and the regional transmission organization has issued a notice to construct or similar notice or order to a utility to construct the line or related facilities, the board shall also consider information from the regional transmission organization's planning process and may consider the benefits to the region, which shall include Nebraska, provided by the proposed line or related facilities as part of the board's process in determining whether to approve or deny the application.
(3) A privately developed renewable energy generation facility is exempt from this section if it complies with section 70-1014.02.
In determining whether a proposed application should be approved, the Nebraska Power Review Board does not have the power to determine that the proposed transmission line should be built along a particular route. Lincoln Electric System v. Terpsma, 207 Neb. 289, 298 N.W.2d 366 (1980).
Nebraska Power Review Board is authorized, after hearing, to decide which of two competing facilities shall furnish service. City of Auburn v. Eastern Nebraska Public Power Dist., 179 Neb. 439, 138 N.W.2d 629 (1965).