Grassroots Guide Book 106th Legislature , 2nd Session

2020 Rural Electric Association Table of Contents

Important Websites 2

Nebraska Legislature Listings by District 3

Senator/Member-System Listing 6

Map of NREA Member-Systems/Legislative Districts 8

Select Bills of Interest 9

NREA Legislative Policy Statement 13

1 IMPORTANT WEBSITES

Nebraska Rural Electric Association Website Bill Summaries, Talking Points, and NREA Key Issue Positions http://www.nrea.org

Nebraska Legislature Website Live Floor Action, Senator Contact Information, Introduced Legislation, Daily Floor Agenda

https://www.nebraskalegislature.gov

WorkingForNebraska Website Public Outreach Videos and Information http://www.workingfornebraska.org

2 106th NEBRASKA LEGISLATURE Listing by District

Julie Slama (1), Peru (11), Omaha Room # 11th Floor Room # 1302 (402) 471-2733 (402) 471-2612

Steve Lathrop (12), Omaha Robert Clements (2), Elmwood Room # 1103 Room # 1120 (402) 471-2623 (402) 471-2613 Justin Wayne (13), Omaha (3), Bellevue Room # 1115 Room # 1021 (402) 471-2727 (402) 471-2627 John Arch (14), LaVista (4), Omaha Room # 1306 Room # 2028 (402) 471-2730 (402) 471-2621 Lynn Walz (15), Fremont Mike McDonnell (5), Omaha Room # 1403 Room # 2107 (402) 471-2625 (402) 471-2710 Ben Hansen (16), Blair (6), Omaha Room # 11th Floor Room # 11th Floor (402) 471-2728 (402) 471-2714 (17), Thurston (7), Omaha Room # 1404 Room # 1000 (402) 471-2716 (402) 471-2721 (18), Omaha (8), Omaha Room # 2015 Room # 1523 (402) 471-2618 (402) 471-2722 (19), Norfolk Sarah Howard (9), Omaha Room # 2103 Room # 1402 (402) 471-2929 (402) 471-2723 John McCollister (20),Omaha Wendy DeBoer (10), Omaha Room # 1017 Room # 1114 (402) 471-2622 (402) 471-2718

Senator email addresses = fi rst initial last [email protected] 3 106th NEBRASKA LEGISLATURE Listing by District (21), Lincoln (31), Omaha Room # 2108 Room # 1018 (402) 471-2673 (402) 471-2327

Mike Moser (22), Columbus Tom Brandt (32), Plymouth Room # 1529 Room # 1528 (402) 471-2715 (402) 471-2711

Bruce Bostelman (23), Brainard Steve Holloran (33), Hastings Room # 1118 Room # 1022 (402) 471-2719 (402) 471-2712

Mark Kolterman (24), Seward (34), Henderson Room # 2004 Room # 1110 (402) 471-2756 (402) 471-2630

Suzanne Geist (25), Lincoln (35), Grand Island Room # 2000 Room # 1406 (402) 471-2731 (402) 471-2617

Matt Hansen (26), Lincoln Matt Williams (36), Gothenberg Room # 2010 Room # 1401 (402) 471-2610 (402) 471-2642

Anna Wishart (27), Lincoln John Lowe (37), Kearney Room # 1308 Room # 2011 (402) 471-2632 (402) 471-2726

Patty Pansing-Brooks (28) Dave Murman (38), Glenvil Room # 1016 Room # 1522 (402) 471-2633 (402) 471-2732

Kate Bolz (29), Lincoln (39), Elkhorn Room # 1015 Room # 1116 (402) 471-2734 (402) 471-2885

Myron Dorn (30), Adams Timothy Gragert (40), Creighton Room # 11th Floor Room # 11th Floor (402) 471-2620 (402) 471-2801 Senator email addresses = fi rst initial last [email protected] 4 106th NEBRASKA LEGISLATURE Listing by District (41), Albion Room # 1019 (402) 471-2631

Mike Groene (42), North Platte Room # 1107 (402) 471-2729

Tom Brewer (43), Gordon Room # 1101 (402) 471-2628

Dan Hughes (44), Venango Room # 1117 (402) 471-2805

Sue Crawford (45), Bellevue Room # 1012 (402) 471-2615

Adam Morfeld (46), Lincoln Room # 1008 (402) 471-2720

Steve Erdman (47), Bayard Room # 1124 (402) 471-2616

John Stinner (48), Gering Room # 1004 (402) 471-2802

Andrew La Grone (49), Gretna Room # 11th Floor (402) 471-2725 State Capitol Mailing Address: Senator Name District # State Capitol P.O. Box 94604 Lincoln, NE 68509

Senator email addresses = fi rst initial last [email protected] 5 Senator/NREA Member-System Listing NREA Member-System Senator (Legislative District)

Burt County Public Power District Sen. B. Hansen (16) Sen. Walz (15) Sen. Albrecht (17)

Butler Public Power District Sen. Bostelman (23) Sen. Hilgers (21) Cedar-Knox Public Power District Sen. Gragert (40) Sen. Albrecht (17) Sen. Briese (41) Cherry-Todd Electric Cooperative Sen. Brewer (43) Chimney Rock Public Power District Sen. Erdman (47) Sen. Stinner (48) Cornhusker Public Power District Sen. Moser (22) Sen. Briese (41) Sen. Friesen (34) Sen. Bostelman (23) Cuming County Public Power District Sen. B. Hansen (16) Sen. Walz (15) Sen. Bostelman (23) Custer Public Power District Sen. Brewer (43) Sen. Groene (42) Sen. Briese (41) Sen. Williams (36) Dawson Public Power District Sen. Williams (36) Sen. Groene (42) Sen. Hughes (44) Sen. Murman (38) Sen. Lowe (37) Sen. Briese (41)

Elkhorn Public Power District Sen. Briese (41) Sen. Scheer (19) Sen. Gragert (40) High West Energy, Inc. Sen. Erdman (47) Highline Electric Association Sen. Erdman (47) Sen. Hughes (44) Howard Greeley Rural Public Power District Sen. Briese (41) Sen. Friesen (34) KBR Public Power District Sen. Brewer (43) Sen. Gragert (40) Lacreek Electric Association, Inc. Sen. Brewer (43) Loup Valleys Public Power District Sen. Briese (41)

6 Senator/NREA Member-System Listing McCook Public Power District Sen. Hughes (44) Sen. Groene (42) Midwest Electric Cooperative Sen. Hughes (44) Sen. Erdman (47) Sen. Groene (42) Niobrara Electric Association, Inc. Sen. Erdman (47) Niobrara Valley EMC Sen. Brewer (43) Sen. Gragert (40) Sen. Briese (41) Norris Public Power District Sen. Hilgers (21) Sen. Geist (25) Sen. Dorn (30) Sen. Brandt (32) Sen. Kolterman (24) North Central Public Power District Sen. Gragert (40) Sen. Briese (41) Northeast Power Sen. Gragert (40) Sen. Briese (41) Sen. Albrecht (17) Northwest Rural Public Power District Sen. Erdman (47) Sen. Brewer (43) Panhandle Rural Electric Membership Assn. Sen. Erdman (47) Sen. Brewer (43) Perennial Public Power District Sen. Kolterman (24) Sen. Brandt (32) Polk County Rural Public Power District Sen. Kolterman (24) Sen. Friesen (34) Roosevelt Public Power District Sen. Stinner (48) Sen. Erdman (47)

South Central Public Power District Sen. Halloran (33) Sen. Murman (38) Sen. Brandt (32) Southwest Public Power District Sen. Hughes (44) Stanton County Public Power District Sen. Moser (22) Twin Valleys Public Power District Sen. Murman (38) Sen. Hughes (44) Wheat Belt Public Power District Sen. Erdman (47) Wyrulec Company Sen. Erdman (47) 7 Sen. Stinner (48) Districts 26, 27, 28, 29, and 46 Districts 13, 14, 18, 20, 31, 39, 45, and 49 9, 10, 11, 12, 3, 4, 5, 6, 7, 8, Richardson Nemaha 1 2 Sarpy Wash i n g t o n Pawnee Douglas Johnson Otoe 25 Cass Tekamah 16 District BURT COUNTY Public Power Burt Thurston Nebraska Rural Electric Association Nebraska Rural Electric April 2019 Lancaster Beatrice West Point Dakota 17 Saunders 30 Gage 21 Dodge 15 District 23 CUMING COUNTY Cuming Public Power Dixon NORRIS Wayne Public David City Stanton BUTLER Stanton Colfax Power District Public Power District COUNTY Public Butler Saline Power Jefferson District STANTON Seward Power Wayne 32 Hartington NORTHEAST Cedar Polk Battle Creek Co l u m b u s Public 24 York Power District CEDAR-KNOX 22 POLK COUNTY Public Rural District Power Thayer PERENNIAL Publ i c Pow er Di st r i ct Fillmore York Stromsburg Platte 19 Pierce Madison 40 Hamilton Nelson Clay 34 35 Nuckolls ELKHORN Creighton Rural Public Merrick Boone Nance Power District Knox Antelope CORNHUSKER Public Power District NORTH CENTRAL Public Power District SOUTH CENTRAL Public Power District St. Paul HOWARD GREELEY Webster 33 Hall Rural Public Adams Power District Howard Greeley O'Neill Wheeler 41 38 Ord Rural Public Power District 37 LOUP VALLEYS LOUP Electric VALLEY Kearney Franklin Corporation Membership NIOBRARA NIOBRARA Garfield Sherman Holt Valley Boyd Buffalo Harlan Phelps Rock Loup Lexington Broken Bow DAWSON 36 Gosper CUSTER Ainsworth Public Power District Cambridge Public Power District Brown TWIN VALLEYS Keya Paha Furnas Dawson Public Power District Custer Blaine KBR McCOOK McCook Logan Rural Public Power District Red Willow Public Power District Frontier Thomas Mission, SD 42 CHERRY-TODD Pal i sad e Electric Cooperative, Inc. Lincoln 44 Hooker McPherson Hitchcock Hayes 43 Martin, SD SOUTHWEST LACREEK ELECTRIC Public Power District ASSOCIATION Grant THE MIDWEST ELECTRIC COOPERATIVE CORPORATION Arthur Grant Headquarters Location Perkins Chase Keith Cherry Dundy HIGHLINE ELECTRIC ASSOCIATION CO Holyoke, PANHANDLE Hay Springs Deuel Garden WHEAT BELT WHEAT Sheridan Public Power District Alliance Rural Electric Membership Association Rural Electric Membership 47 Sidney NORTHWEST Cheyenne Bayard District systems serve some Rural Public Power District Public Power Morrill Box Butte CHIMNEY ROCK CHIMNEY Dawes COMPANY WYRULEC 48 Mitchell Sioux District NIOBRARA ELECTRIC INC. ASSOCIATION, HIGH WEST ENERGY, INC. HIGH WEST ENERGY, Scotts Bluff ROOSEVELT Banner Public Power Kimball NREA Member Systems/ Nebraska Legislative Districts NREA WY Lusk, WY WY Pine Lingle, Bluffs, This map outlines the service territory of 34 rural electric systems which are members of the Association. In total, some Nebraska Rural Electric rural these 994 employees of 225,232 meters over more than 84,614 miles of line. The individual rural systems are run by elected boards of directors on a public-service, non-profit basis. 8 Nebraska Rural Electric Association Nebraska Rural Electric 2020 Select Bills of Interest Public Records/ Open Meetings

LB 148 (Groene) would require tax supported entities to hold a separate hearing to pass their annual budget. It also requires the board meeting notice of all political subdivisions, including PPDs) be published in a newspaper of general circulation within the body’s jurisdiction and online, if available, on the newspaper’s website.

LB 1195 (Morfeld) would include “residents” in addition to citizens among individuals that can make a public records request.

LB 1167 (Albrecht) would require a public body to provide members of the public an opportunity to speak at every meeting.

Renewable Energy

LB 76 (Williams) would require the nameplate capacity tax levied on privately developed renewable energy projects to be calculated based on the facility’s alternating current capacity. The AC designation would allow solar projects to reduce their tax obligations because the tax would be based on their energy generation after losses are removed.

LB 818 (Brewer) would annually adjust the nameplate capacity tax for infl ation.

LB 973 (Kolowski) would adopt the Homeowners Association Act. In addition to many requirements placed on homeowners associations, the measure includes language which would limit the restrictions that can be placed on solar energy collectors.

9 LB 1205 (McCollister) would mandate a state renewable portfolio standard. The measure would require 35 percent renewable electricity by 2023, 50 percent before 2027, and 75 percent prior to 2031. NREA opposes LB 1205.

Eminent Domain

LB 823 (Brewer) would require a special election and approval of the people prior to an entity exercising the power of eminent domain to construct an electric transmission line on behalf of “an out-of-state third party.” NREA opposes LB 823.

Net Metering

LB 1132 (Wayne) would declare Nebraskan’s right to self- generate. The measure would allow customer generators to generate electricity using any form of generation resource. It would remove the existing 25 kW size threshold and allow generation up to 110 percent of the customers annual usage. The measure would also increase the system cap for net metering projects from one percent of a customer’s average monthly peak demand to fi ve percent. NREA opposes LB 1132.

Broadband Development

LB 208 (Walz) would exempt public-private partnerships from the existing dark fi ber leasing statutes and the onerous Public Service Commission requirements outlined in these statutes. The bill defi nes private partners as certifi cated telecommunications common carriers or internet service providers. The bill clearly prohibits public power entities from being internet service providers.

LB 992 (Friesen) is Senator Friesen’s response to the recommendations from the Rural Broadband Task Force. The bill includes language to allow the deployment of 10 telecommunication infrastructure through existing electric utility easements. It creates the position of State Broadband Coordinator. It works to improve deployment of fi ber to libraries and outlines a dark fi ber lease process through the Public Service Commission that establishes a “safe harbor” market rate range for fi ber leases.

LB 996 (Brandt) would create the Broadband Data Improvement Program. The program, administered by the Public Service Commission, would develop a statewide plan to improve broadband service maps. The measure suggests the use of crowdsourcing funding mechanisms.

Miscellaneous Issues

LB 898 (Friesen) is an extension of the Small Cell Wireless bill (LB 184) that passed in 2019. The measure enables an authority to charge an application fee for the colocation of wireless facilities on towers or wireless support structures. The language of the bill is ambiguous and may impact our exemption from LB 184.

LB 899 (Hughes) would authorize public power districts to develop, manufacture, use, purchase, or sell advanced biofuel and advanced biofuel byproducts and other fuels which help reduce greenhouse gas emissions. Public power districts currently have similar authority for ethanol.

LB 923 (Lindstrom), would exclude electric cooperatives and electric membership associations from paying sales tax on income received from the lease or use of their electric infrastructure. The measure would also exclude contractors from charging sales tax for contracted labor or services provided on electric cooperative or electric membership association infrastructure.

11 LB 933 (Crawford) would amend the utility shutoff requirements to state that a utility shall not charge a fee for disconnection or reconnection of service that exceeds the “reasonable cost of providing such service.” The measure requires that disconnect shall be postponed upon the receipt of a physician, physician’s assistant, or advanced practice nurse. This would prevent the disconnection of service for a period of at least 60 days. The existing statute allows for 30 days.

LB 1201 (Bostelman) would create the Flood Mitigation and Planning Task Force. Currently public power is not included on the task force.

LR 294 (Kolowski) is an acknowledgment of climate change. The resolutions notes that Nebraska has contributed to the climate crisis but has done little to slow its eff ects. The resolution states the Legislature has a moral obligation to take steps to combat this crisis.

LR 288 (Slama) Would urge Congress and the United States Corps of Engineers to prioritize fl ood control as a top priority for the management of water systems under their authority in the Missouri River Mainstream Reservoir System Water Control Manual. This resolution asks to prioritize fl ooding over the fi sh and wildlife protected under the Endangered Species Act. Although power generation is not addressed in the resolution, the NREA will monitor this resolution to ensure our support of the Preference Clause and access to federally owned hydropower is protected.

12 LLegislativeegislative PolicyPolicy StatementStatement

Climate Change

Opposition to Measures to Arbitrarily Increase the Cost of Coal-Fired Generation  NREA opposes regulatory and legislative proposals which would artifi cially increase the cost of coal-based electricity, or measures that would inhibit the use of coal-based electricity without pro- viding a commensurate benefi t to consumers.  NREA supports the funding of research and development of new technologies that would provide economic and/or environmental benefi ts to electric consumers and ensure all citizens have access to aff ordable, reliable and safe electric power.  NREA supports a common-sense approach to a replacement for the EPA’s Clean Power Plan  NREA supports the development of the Aff ordable Clean Energy rule that provides utilities with the necessary fl exibility and local control to ensure success. Climate Change  NREA supports investment in the development of cost-eff ective technologies to reduce or mitigate adverse impacts by the electric power industry.  NREA supports the development of state and federal policy that provides incentives to all segments of the utility industry.  NREA supports voluntary greenhouse gas initiatives that main- tain adequate and reliable supplies of reasonably priced power.  NREA supports the use of cost eff ective new and emerging tech- nologies for the management of greenhouse gases.  NREA opposes a mandate to use commercially unproven tech- nologies for the management of greenhouse gases in new or existing generation facilities.  NREA supports the continued research of new and emerging technologies, including the capture and sequestration of carbon dioxide from power plants. New technologies will be critical to addressing this complex issue, but cost-eff ective, commercially- available technologies are still in development and are years or decades away from large-scale commercial application. Every eff ort must be made, and appropriate funding provided, to ac- 13 celerate the research development, demonstrations, and commer- cialization of these technologies before they are mandated for new or existing power plants.  NREA supports the inclusion of measures to protect the U.S.

economy from signifi cant negative impacts of CO2regulations.  NREA supports the use of energy effi ciency and conservation as a tool for mitigating greenhouse gas emissions if utilities are not penalized for the inaction of the end use customers.  NREA opposes the use of multiple provisions of state and federal law to regulate greenhouse gas emissions.

Communications

Rural Telecommunications  NREA opposes any attempt to prohibit or limit the uses of Nebraska’s publicly-owned electric utility infrastructure for the deployment of any telecommunication services used for utility operations.  NREA supports policies that will ensure that rural consumers have equal access to telecommunication, cellular, and broadband services. We oppose any eff orts that would limit the availability of any form of technology to rural consumers.  NREA supports legislative authority allowing public power dis- tricts and electric cooperatives to partner with private entities to facilitate deployment of broadband in rural areas.  NREA supports removing barriers prohibiting public power dis- tricts and other government subdivisions from providing broad- band services where adequate coverage has not been provided by the private sector.  NREA supports modifying statutes that restrict leasing of dark fi ber to remove the requirement that the Public Service Commis- sion must approve rates and that 50 percent of revenues must be submitted to the Internet Enhancement Fund.  NREA supports state and federal legislation that provides incen- tives for the installation of the infrastructure necessary to support broadband and wireless communication technologies in rural areas ensuring rural consumers have equal access to technologies readily available in urban areas.  NREA supports a defi nition of broadband that sets a consistent minimum standard that meets or exceeds the current FCC defi ni- tion for Broadband. Such defi nition should ensure rural consum- 14 ers have equal access to technologies readily available in urban areas.

Duplication of Facilities

NREA Opposes Attempts to Duplicate Facilities

 NREA opposes activities that include other power suppliers com- peting for towns and consumers served by rural power suppliers when such activity violates the philosophy of public power and will result in duplication of power resources and excess power generation costs to be borne by rural consumers.

Economic Development

Economic Development  NREA supports the promotion of economic growth and devel- opment in Nebraska. Nebraska’s low, cost-based electric rates represent a major competitive advantage and economic incentive for development in Nebraska. Concern for Rural America  NREA supports eff orts to develop farm and rural policies which will benefi t family-type farmers and strengthen our rural com- munities. Aff ordable Electric Power  All citizens should have access to aff ordable, reliable, and safe electric power. Keystone XL Pipeline  NREA supports the development of the Keystone XL Pipeline. NREA Believes the pipeline will provide positive economic benefi t by providing jobs and contributing to the State’s tax base while safely transporting needed oil prod- ucts to domestic refi neries with minimal risk to the environ- ment.

15 Eminent Domain  NREA supports existing eminent domain authority and opposes modifi cations which weaken the condemnation authority of public utilities.  NREA supports allowing an electric utility to forgo their right of eminent domain through a contractual relationship with a renew- able energy developer through a power purchase agreement.  NREA supports federal “backstop” authority for the condem- nation of new transmission rights-of-ways when approval for such construction has been arbitrarily denied by a state or local regulatory authority. Private Property Rights

 No person should be deprived of the use of private property without due process of law and no private property should be taken or damaged by governmental action without just compen- sation having fi rst been made. We support actions by governmen- tal agencies that ensure the Constitutional protection of private property rights and just compensation for a taking.

Endangered Species Act

Endangered Species Act  NREA supports the following principles be applied whenever Congress considers amendments to the Endangered Species Act (ESA) of 1973:

1. Good science: continue to follow the law that requires every ESA action to be based on scientifi c information on a species or its habitat. 2. Citizen participation: private citizens and communities directly aff ected by conservation decisions should have a greater stake and more prominent role during the ESA decision-making process. The Act should provide for earlier and more meaningful opportunities for citizens to participate, more citizen involvement in recovery plans, and a more prominent role in the consultation process for applicants for federal licenses and permits. 16 3. Equal Access to the Courts: Private citizens should have the right to be granted standing to fi le an ESA “citizen suit.”

4. The Act should be amended to provide incentives for property owners to conserve rather than destroy habitat and to provide regulatory certainty to property owners who voluntarily participate in conservation plans.

Energy Conservation and Effi ciency

Energy Conservation and Effi ciency  NREA supports programs to encourage public power entities and electric consumers to install/or promote the installation of high-effi ciency and economically aff ordable electrical equipment and appliances through rate incentives or favorable tax treatment. NREA also supports cost-eff ective energy conservation programs and incentives that will help reduce electricity demand and defer the need for new generation.

Load Management

 NREA supports the development and implementation of load- management programs to defer the need for development of new generation.

Benefi cial Electrifi cation

 NREA supports the conversion of less effi cient technologies such as diesel irrigation, gas engines for transportation, and propane/ natural gas water heaters to electricity because of the environ- mental and local economic development opportunities.  NREA supports the use of technologies that use demand more effi ciently to manage future generation needs and to more eff ec- tively integrate variable generation resources.

Advanced Meters/Advanced Grid Technology

 NREA supports advanced grid technology and the use of ad- 17 vanced meters. The deployment of advanced grid technology that includes automated metering infrastructure and advanced two-way communications will provide for enhanced system reliability, improved electrical system effi ciency and consumer resources such as smart thermostats and residential demand reduction programs that will reduce energy use at the consumer level. Advanced meter technology empowers customers with ad- ditional information and resources to save money and conserve energy use.

 NREA supports educating the public on the benefi ts and the safety of employing advanced metering technology

 NREA supports protecting consumer data and keeping the data confi dential between the consumer and the rural electric system unless the consumer authorizes a release of their protected infor- mation. Pre-paid Metering

 NREA supports the implementation of pre-paid metering for customer accounts and the voluntary subscription to pre-paid metering by distribution system customers.

Energy Sales

Electric Vehicle Charging Stations

 NREA supports private sector entities recovering their as- sociated costs for providing electric vehicle charging equip- ment if the cost is bundled within the total fees charged and not on a per kilowatt hour or metered basis. A per kilowatt hour charge would constitute a sale of electricity which is statutorily limited to Nebraska’s public power utilities.

18 Federal Power Conservation and Effi ciency

Marketing of Federal Power  NREA opposes any changes in the practices and procedures for repayment of the federal investment of the Power Marketing Administration’s federal hydro-electric power facilities at rates above the cost to produce the power. We oppose any changes designed to make a profi t for the government or to refl ect current market values. Operation, Maintenance and Repair of Federal Power Facilities  NREA supports action by Congress that will direct the Secretar- ies of Energy, the Interior and the Army to cooperate with federal preference power customers on proposals for the improvement of operations, maintenance, repair, rehabilitation, and replacement of federal power facilities. Payment of Non-Reimbursable Costs  NREA opposes any administrative changes or legislation that requires payment of non-reimbursable costs at federal multipur- pose water projects by power and water consumers. Charges for power and water from federal multi-use water projects should be based on the cost of providing service.  NREA believes that the costs associated with the lease of power privileges should be paid by those that benefi t. Sale of Federal Assets to Reduce Budget Defi cit  NREA opposes the sale of federal assets and using the revenues to reduce the annual budget defi cit or to balance the current federal budget. Support for the Preference Clause and Continued Ac- cess to Hydroelectric Energy Generated at Federally- Owned Dams  NREA supports the continued preference principle which pro- vides preference rights for public entities and cooperatives in the allocation of federal power.  NREA opposes changes in the allocation or sale of federal or state preference power that would expand rights to this power to non-traditional customers. 19 Hydroelectric Power

 NREA opposes restrictions on hydroelectricity such as the impo- sition of surcharges on electricity generated at federally-owned and operated hydroelectric facilities.

Financing

 NREA opposes any eff orts to eliminate or limit the use of tax- exempt bonds by state and local governments.  NREA supports the removal of private-use restrictions on tax- exempt debt issued for generation and transmission facilities so that Nebraska’s public power providers can make maximum use of their electric facilities to the benefi t of Nebraska’s ratepayer owners.  NREA opposes any new limits that reduce the potential investor market for tax exempt debt issuance.

Generation Technology

Coal and Nuclear Power  NREA supports the continued use and development of baseload generation such as nuclear energy and solid fuel technologies, including coal.  NREA supports the reintroduction and use of technologies to reprocess and reclaim nuclear fuel for future use.  NREA supports including nuclear energy in the defi nition of “renewable” or “clean” energy resources. Hydroelectric Power  NREA supports the development of hydroelectric power resourc- es and the inclusion of hydropower in the defi nition of “renew- able” or “clean” energy resources. Renewable Energy Development

 NREA supports a thoughtful process to implementing new legis- lation and regulations relating to renewable energy development. NREA supports a process to develop a Nebraska Energy Plan 20 that considers public power’s role in providing low cost, reliable, and environmentally responsible energy development.

Public Power

Affi rming Authority of Elected Board of Directors (Local Control)  NREA supports the current structure of public power and elected boards of directors and will oppose any attempts to reduce the role or authority of those boards of directors who are accountable to their consumers. Local Control/Public Ownership  NREA supports the continued control of the state’s publicly- owned utilities by elected or appointed boards. NREA will op- pose any attempts to privatize individually or all of Nebraska’s public power systems.  NREA supports a right of fi rst refusal for incumbent Nebraska electric utilities to construct transmission facilities mandated by a Regional Transmission Organization in Nebraska.  NREA opposes any action for promoting deregulation which would allow competition across service territory boundaries weakening the state’s public power model and local control. Take-Overs, Sell-Outs or Involuntary Mergers of Public Power Systems  NREA opposes any take-over or sell-out of a public power sys- tem to a private corporation or the involuntary merger of two or more public power systems and will actively oppose any action which would weaken the state’s public power model and local control. Power Review Board Generation Approval Require- ments  NREA opposes the broadening of the Nebraska Power Review Board’s generation resource approval process to require the analysis of unverifi able externalities which go beyond the cur- rent economic and environmental requirements for approval and expand into health and environmental variables already regulated 21 by the EPA for generation facilities. Such a requirement would add time and cost to all generation applications, including those for renewables. Coal Freight Rates  NREA supports policies to ensure that rail customers receive competitive rates for movements between various points on a railroad’s system, free regional and short line railroads to pro- vide access to additional major systems, encourage competition among rail shippers to create solutions to ongoing bottlenecking issues, provide captive rail customers access to arbitration, and direct the Surface Transportation Board to adopt a more realistic and workable rate reasonableness standard.  NREA supports legislation to repeal the anti-trust exemption for the freight rail industry.  NREA opposes eff orts by railroads to embed acquisition premi- ums into the regulatory rate base, artifi cially increasing rates for shippers without any appreciable benefi t. The Surface Transpor- tation Board is the only federal agency that permits passing these premiums onto rate payers. Congress should adopt legislation excluding acquisition premiums from the regulatory rate base to protect shippers from higher rates. Railroad Crossing Agreements

 NREA supports actions that will prevent unreasonable demands by railroads as a condition of obtaining a railroad crossing agree- ment and urge the Nebraska Public Service Commission to ex- peditiously process applications by power suppliers to construct lines over railroad right-of way.

Regulation

Opposition to Excessive Regulations

 NREA opposes any state or federal over-regulation that has or will have a damaging and negative eff ect on small businesses in Nebraska.

22 Congressional by-pass Using Regulation

 NREA opposes federal regulation being used to bypass the appropriate Congressional process for the development of a national energy policy Cost Justifi cation

 NREA opposes the imposition of regulations that impose costs not justifi ed by their benefi ts. Nebraskan’s enjoy the benefi ts of some of the lowest cost power in the nation. This status is the direct result of the State’s long-standing policy of approving the lowest cost generation resource. NREA supports the continued application of the aforementioned criteria for new generation and will resist the further deterioration of the Nebraska Power Review Board oversight process.

Renewable Energy

Customer-owned Generation and Net Metering  Net metering laws should provide for the safety of the public and utility employees and ensure the integrity and reliability of the distribution system.  NREA supports net metering for small customer-owned renew- able energy generation that has a generating capacity of 25 kw or less, that will allow a customer to off set their energy use with their own generation at a one-to-one ratio, and allows for excess generation to be purchased by the utility at a rate comparable to what the utility would pay for energy from their wholesale sup- plier.  NREA supports net metering policy that allows the utility to recover all costs that would not be in place would the net meter- ing facility not be installed. Net metering projects should not be subsidized by customers who are not able to, or who chose not to participate.

23 Hydroelectric Power  NREA supports the development of hydroelectric power resourc- es and the inclusion of hydropower in the defi nition of “renew- able” or clean energy resources. Nuclear Power  NREA supports including nuclear energy in the defi nition of “renewable” or “clean” energy resources. Renewable Energy Development  NREA supports a thoughtful process to implementing new legis- lation and regulations relating to renewable energy development. NREA supports a process to develop a Nebraska Energy Plan that considers public power’s role in providing low cost, reliable, environmentally responsible energy development.  NREA opposes federal or state mandates that would impose minimum levels of alternative energy capacity, such as a Renew- able Energy or Portfolio Standard.  NREA supports the thoughtful development and implementa- tion of state and federal incentives that support the development and installation of all types of renewable energy resources at all levels of production and customer use.  NREA supports the education of the end use consumer in under- standing the role that renewables serve as part of the electric grid in Nebraska and the country as a whole.  NREA supports the development of cost-eff ective energy stor- age technology that will allow better utilization of renewable resources  NREA opposes legislation requiring utilities to off er feed-in tariff s or similar contracts that require incentive compensation to customers who install renewable energy facilities. Such incen- tives or tariff decisions should be left to the local utilities.

Rural Electrifi cation

Support for the Rural Electrifi cation Program  NREA opposes any changes in the mission of the U.S.D.A. Rural Utilities Service (RUS) that changes the once rural, always rural focus. We oppose administrative changes that seek to impose new qualifi cations on borrowers. We further oppose any admin- istrative changes that would prohibit the use of RUS funding for 24 generation projects.  NREA opposes any eff ort to eliminate RUS programming as a means to reduce the federal defi cit since RUS loan programs provide positive cash fl ow for the federal government.

Safety

General Safety  NREA supports federal and state policies which acknowl- edge the inherent dangers of the electric industry. NREA supports eff orts to educate and protect it member-system employees and the public from the dangers of electrical contact and to promote a safe working environment and a responsible use of electricity. Support for the One Call Notifi cation Act  NREA supports the One-Call Notifi cation Act to protect the safety of Nebraska residents and to protect the integrity of buried electric facilities.  NREA opposes any changes that create additional exemptions under the One-Call Notifi cation Act, including extending the agricultural exemption to third party operators or contractors.  NREA opposes moving the administration of the One-Call No- tifi cation Act from the State Fire Marshal’s offi ce to the Public Service Commission

Service Territory

Compensation for Territory Acquired by Another Electric System and Right to Serve Zoning Area of City  NREA supports the current state statutory compensation formula for determining the amount of compensation that one electric system must pay another when acquiring territory from that sys- tem through annexation or by other means. We oppose any eff ort to weaken or undermine the statutory compensation formula.  NREA support a process for the acquisition of service territory when land is detached from the boundaries of a city or village. 25 Territorial Protection  NREA opposes any change in state law that would weaken the state’s territorial protection statutes. Rural electric utilities should be able to continue to serve areas in which they have previously been and are presently lawfully authorized to render electric ser- vice and to actively support, fi nancially and otherwise, all eff orts to protect and defend against any usurpation or infringement on this right. Deregulation

NREA opposes any action for promoting deregulation which would allow competition across service territory boundaries cre- ating fi nancial uncertainty for rural electric providers and their customers.

Technology Advancement

 NREA supports the adoption of legislation and regulatory poli- cies which will allow the unmanned aerial systems (drone) in- dustry to grow and prosper in rural America as a tool for the rural electric industry for the benefi t of rural electric consumers.  NREA supports a utility exemption so that line of sight restric- tions will not apply to utility applications.

Water Resource Management

Support for the Platte River Recovery Implementa- tion Program  NREA supports the State of Nebraska’s participation in the Platte River Recovery Implementation Program, including the off sets to new depletions to the Platte River beginning on July 1, 1997, and further supports the Nebraska Legisla- ture’s appropriation of needed state funding and the dedica- tion of other necessary resources.

26  NREA supports eff orts that do not cause undue harm to local economies and agricultural producers and encourages programs that have as minimal negative impact as is possible.  NREA supports the proposed 13 year extension of the fi rst incre- ment through 2032 to achieve all of the water, land and science based goals of the plan. Support for Funding River Basin Management by NRDs  NREA supports legislation and positions developed which pro- vide local funding methods for the Natural Resource Districts in river basins that require additional dollars to fund various methods to augment stream fl ows to allow them to meet compli- ance with River Basin compacts, decrees, or other designations aff ecting a basin, sub-basin or reach.  NREA supports management methods to help avoid reducing the number of irrigated acres and/or reducing water pumping alloca- tions which will have a signifi cant negative economic impact on the region and state.

Water Budget/Balance

 NREA supports a comprehensive water budget/balance approach in the management of water resources in the state of Nebraska; the development of educational materials for the purpose of providing information to all stakeholders in the state to include producers, businesses, associations, regulators and policy mak- ers; and will actively promote the inclusion of comprehensive water budget/balance management processes in the development of future legislation and regulation in the state.

27 NOTES NOTES NOTES 1244 K Street, Box 82048 Lincoln, Nebraska 68501 402.475.4988 FAX 402.475.0835 www.nrea.org