Aksamit Resource Mgmt. v. Nebraska Pub. Power Dist.
299 Neb. 114
| Neb. | 2018Background
- Aksamit Resource Management LLC and First Security Power, LLC (Aksamit) are Nebraska companies planning to compete with Nebraska Public Power District (NPPD) in electricity markets.
- Aksamit requested unit-level NPPD documents showing annual generation, revenues, and cost/profit center data (2008–2015 and a six-year outlook). NPPD produced most records but withheld unit-specific cost/revenue data.
- NPPD asserted exemption under Neb. Rev. Stat. § 84-712.05(3) for “proprietary or commercial information which if released would give advantage to business competitors and serve no public purpose.”
- Aksamit petitioned for a writ of mandamus under § 84-712.03 to compel disclosure; the district court denied relief, finding NPPD proved the exemption by clear and convincing evidence.
- The Nebraska Supreme Court reviewed statutory interpretation and the burdens for mandamus, focusing on whether both conjunctive elements of § 84-712.05(3) must be proven.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 84-712.05(3) permits withholding records that would aid competitors but also serve a public purpose | Aksamit: § 84-712.05(3) is conjunctive; NPPD must show both competitive harm and that disclosure would serve no public purpose—Aksamit showed public-purpose uses (policy, oversight, rate evaluation) | NPPD: unit-level cost/revenue data are proprietary; disclosure would advantage competitors and not serve a public purpose for NPPD’s business operations | Court: Affirmed conjunctive reading. NPPD showed competitive harm but failed to prove by clear and convincing evidence that disclosure would serve no public purpose; remanded with direction to issue writ. |
Key Cases Cited
- McCoy v. Albin, 298 Neb. 297, 903 N.W.2d 902 (statutory interpretation is reviewable de novo)
- State ex rel. Veskrna v. Steel, 296 Neb. 581, 894 N.W.2d 788 (mandamus is extraordinary relief; public body must sustain its action)
- Evertson v. City of Kimball, 278 Neb. 1, 767 N.W.2d 751 (burden and public-records principles)
- Dutton-Lainson Co. v. Continental Ins. Co., 271 Neb. 810, 716 N.W.2d 87 (conjunctive statutory exceptions require all elements)
- Platte Valley Public Power & Irrigation Dist. v. County of Lincoln, 144 Neb. 584, 14 N.W.2d 202 (definition of public purpose)