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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1172
Introduced by Holdcroft, 36.
Read first time January 21, 2026
Committee: Natural Resources
A BILL FOR AN ACT relating to electricity; to amend section 70-1034,1
Revised Statutes Cumulative Supplement, 2024; to provide2
requirements for electric suppliers relating to dispatchable3
electricity capacity; to define terms; and to repeal the original4
section. 5
Be it enacted by the people of the State of Nebraska,6
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Section 1. Section 70-1034, Revised Statutes Cumulative Supplement,1
2024, is amended to read: 2
70-1034 (1) For purposes of this section, dispatchable electric3
generation facility means a facility that, under normal operating4
conditions, can increase or decrease its output on demand to provide5
electricity onto the electric power transmission grid on an ongoing6
basis. 7
(2)(a) If a public power district, a public power and irrigation8
district, an electric membership association, an electric cooperative9
company, a municipality having a generation and distribution system, or a10
registered group of municipalities decides that a dispatchable electric11
generation facility with a generation capacity in excess of one hundred12
megawatts owned by any such entity should be closed or decommissioned,13
such entity shall provide written notice to the Nebraska Power Review14
Board prior to a final decision to close or decommission such facility.15
Such written notice shall include recommendations on necessary transition16
activities to avoid economic harm to workers at such facility or to an17
affected community. Transition activities include, but are not18
necessarily limited to: 19
(i) Educating workers regarding the availability of various20
assistance programs, including what options are available to maintain21
employment with such entity; 22
(ii) Explaining what severance pay will be available to workers;23
(iii) Services for workers including education and job training,24
career counseling, skills-matching, and financial planning assistance;25
and 26
(iv) Promoting economic development opportunities in the affected27
community, including the creation of comparable jobs.28
(b) The board, in its discretion, may set a time and place for29
hearing on the matter and provide at least twenty days' prior notice to30
such entity. The hearing shall be held within sixty days after such31
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notice unless such entity requests in writing that the hearing not be1
scheduled until a later time. Any such hearing shall be closed to the2
public due to the proprietary and commercial information discussed. If3
the board determines that no hearing is necessary, the board shall4
provide written notice of such determination to such entity within thirty5
days after receipt of the written notice described in subdivision (2)(a)6
of this section. 7
(3) Within sixty days after the hearing or the determination that no8
hearing is necessary as described in subsection (2) of this section, the9
board shall make recommendations in writing on the basis of the record10
before the board as to whether closing or decommissioning the11
dispatchable electric generation facility is in the best interests of the12
entity deciding to close or decommission the dispatchable electric13
generation facility and its customers. Such recommendations shall be14
advisory only. Such entity shall consider the board's recommendations15
before making its final decision regarding the closing or decommissioning16
of the electric generation facility. 17
(4) The notices, the scheduling decisions concerning the hearing and18
purpose of the hearing, the record of the hearing, the board's19
recommendations, and any response by the entity deciding to close or20
decommission the dispatchable electric generation facility shall all be21
treated as confidential records that are not subject to public disclosure22
pursuant to sections 84-712 to 84-712.09 until such time as such entity23
publicly announces any decision to close or decommission the dispatchable24
electric generation facility. Nothing in this subsection shall be25
construed to require public disclosure of any information that may be26
withheld as provided in section 70-673 or 84-712.05.27
(5) This section shall not apply to any decision by a public power28
district, a public power and irrigation district, an electric membership29
association, an electric cooperative company, a municipality having a30
generation and distribution system, or a registered group of31
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municipalities to close or decommission a dispatchable electric1
generation facility made prior to April 16, 2024. 2
(6)(a) An electric supplier shall maintain seventy-five percent of3
the dispatchable electricity capacity in the generation portfolio of such4
electric supplier. 5
(b) An electric supplier shall certify to the Nebraska Power Review6
Board on an annual basis whether such electric supplier is in or out of7
compliance with subdivision (6)(a) of this section. If an electric8
supplier is out of compliance, such electric supplier shall provide a9
plan to become compliant to the board within sixty days of being out of10
compliance. 11
(c) For purposes of this subsection: 12
(i) Dispatchable electricity means a source of electricity that is13
readily available for use on demand and can be dispatched upon request of14
a power grid operator, or a source of electricity that can have the power15
output of such source adjusted according to market needs, except for16
routine maintenance or repairs; and 17
(ii) Capacity means the maximum amount of electric power that a18
power plant can supply at a specific point in time under specific19
circumstances. 20
Sec. 2. Original section 70-1034, Revised Statutes Cumulative21
Supplement, 2024, is repealed. 22
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