(A) After a rate filing has been filed with a city, the city may request supplemental information from the utility relevant to the rate filing. As used in this section, relevant or relevance shall relate only to the limitations on information requests that are authorized by this section. Relevant supplemental information shall relate to factors involved in setting appropriate rates. The utility shall not be required to perform analyses or analytical studies of information in responding to requests for supplemental information. Historical data more than one calendar year older than the date of the last general rate filing shall be presumed to be irrelevant, except to the extent that such data was utilized by the utility in the rate filing. Requests for data related to the management, operations, and profitability of affiliated businesses or operations of the utility shall be presumed irrelevant; except to the extent such requests relate to the question of whether the municipal customer is subsidizing the cost of the affiliate. Data from any report or records, or data required by the Federal Energy Regulatory Commission to be kept by the utility are presumed to be relevant. Any records of the utility used in filings or in the preparation of filings to the Federal Energy Regulatory Commission shall be open for inspection by the city or its agents at the utility’s principal place of business during regular business hours.
(B) All supplemental information requests shall be made as soon as reasonably possible after the filing. The utility shall respond completely and faithfully to any relevant request for supplemental information, and shall make a good faith effort to respond within 20 days of receipt of such requests. Except as provided in division (C) below, failure to so respond shall suspend the running of the 180-day time period provided for in § 53.27(D) until the supplemental information is provided. Such suspension shall not affect the calculation of time for the imposition of interim rates.
(C) Request for supplemental information made by a municipality shall be subject to appeal to the district court. The court shall review the request and enter an order requiring the utility to respond or rejecting the request based on the standards set forth in this section. Any appeal from a supplemental information request shall suspend the running of the 180-day time period provided for in § 53.27(D) during the pendency of such appeal, unless the court rules that the request was irrelevant. Such suspension shall not affect the calculation of the time for the imposition of interim rates.
(Prior Code, § 3-1213)
Statutory reference:
Related provisions, see Neb. RS 19-4614