(A) Once in any 36-month period, one or more municipalities in each rate area may initiate a proceeding for a review and possible adjustment in rates to conform such rates to the standards of § 3-1311 of this chapter by the introduction of a resolution for such purpose. The city shall provide to the utility seven days’ prior written notice of the meeting at which such resolution is to be considered and a copy of the proposed resolution. Following adoption of the resolution, the City Clerk shall send a copy of the resolution by certified mail to the utility. The city may request the information required by § 53.30(B) to be provided by the utility within 120 days of the receipt of the notice unless otherwise agreed. Following filing of the information required in § 53.30(B), the city may make additional requests as provided in § 53.33. The utility shall be provided with a copy of any reports and analyses prepared for the city in its consideration of a rate adjustment. To the fullest extent possible, the general procedures provided for in § 53.35(A) through (F) shall be followed by the city and the utility; except that calculations of time periods shall be from the date on which the city receives the information specified in § 53.30(B) and not from the date of filing. Nothing in this section shall require the participation in the proceedings of every municipality in the rate area. During the pendency of all proceedings under this section, and through the period of judicial review of those proceedings, the rate in effect prior to the time the city adopts the resolution provided for in this section shall remain in effect. The provisions of § 53.27(D)(5) shall be applicable to this section.
(B) Except as provided in this chapter, no municipality shall be entitled to any filing fees or assessments against the utility when the city initiates a rate adjustment, nor shall the city receive a loan under § 53.36 for such purposes. If the utility initiates judicial review of the decision of a municipality under this section and the court upholds the decision of the city, the court may award the city litigation expenses to include attorney’s fees, expert witness fees, consultant fees, and such other related expenses as the court finds to be properly related to the judicial review. Any action for judicial review shall be initiated in the district court. If appropriate resolutions are adopted by municipalities representing 70% or more of the customers in the rate area initiating a proceeding for review and possible adjustment of natural gas rates, the applicant representing the largest number of customers shall be given a loan for such purposes upon the terms of § 53.36.
(Prior Code, § 3-1217)
Statutory reference:
Related provisions, see Neb. RS 19-4618