Opinion No. (2011)
Background
- Nebraska's State Natural Gas Regulation Act gives the Public Service Commission broad authority to regulate natural gas utilities in the state.
- A jurisdictional utility may file a general rate filing to seek a rate change and must notify affected cities; if it does not intend to negotiate, it must state this in its filing within 15 days.
- If negotiations occur or are certified, different timelines apply, including a negotiation period and potential 90-day extension, with rates potentially set by agreement or by Commission action.
- Subsection 15 sets deadlines for Commission final action: 210 days after successful negotiations fail, or 180 days if the filing is not certified for negotiations.
- A central issue is whether the 180-day deadline applies when a utility expressly states it will not negotiate, and when the 180-day period begins (from filing or from the 60-day certification period's expiration or from cities’ rejection).
- The case resolves how § 66-1838(15)(b) should be construed to apply to filings where the utility states non-negotiation and when the 180-day clock starts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does not certified for negotiations apply when utility states non-negotiation? | Hybl urges the 180-day clock starts under §66-1838(15)(b) even if utility states intent not to negotiate. | State argues the statute applies to filings not certified for negotiations, including those with non-negotiation notices. | Yes; §66-1838(15)(b) applies when not certified for negotiations, including non-negotiation filings. |
| When does the 180-day period commence for non-certified filings? | Clock starts from filing date. | Clock starts from expiration of 60-day certification period or from cities’ rejection, whichever earlier. | Starts from the later of expiration of the 60-day period or notice/rejection by cities; not from filing date. |
| Is it proper to start the 180-day clock from filing when utility states non-negotiation in the filing? | The filing date marks the clock's start. | Legislative history and plain text show 180 days begins after the 60-day period or rejection Notice. | Not from filing date; from expiration of the 60-day period or notice from cities. |
| Does the 180-day deadline apply to cases where negotiations are not certified due to non-negotiation by utility? | Non-certification due to utility intent should fall outside §15(b). | Statute prescribes deadlines for not certified negotiations, including utility-not-to-negotiate scenarios. | Applies; 180-day period governs such filings. |
Key Cases Cited
- Piska v. Nebraska Dep't of Social Services, 252 Neb. 589 (Neb. 1997) (statutory interpretation principles; purpose of statutes)
- Henery v. City of Omaha, 263 Neb. 700 (Neb. 2002) (look to purpose and give reasonable construction)
- Harvey v. Nebraska Life and Health Ins. Guaranty Ass'n, 277 Neb. 757 (Neb. 2009) (plain language rule; avoid over-interpretation)
- Goolsby v. Anderson, 250 Neb. 306 (Neb. 1996) (legislative history as aid when ambiguous)
- In re Estate of Eickmeyer, 262 Neb. 17 (Neb. 2001) (avoid absurd or unjust statutory results)
- American Employers Group, Inc. v. Dep't of Labor, 260 Neb. 405 (Neb. 2000) (legislative history as interpretive aid)