S-17-0529 In re Appl. of Northeast Nebraska Public Power District; City of South Sioux, Nebraska; City of Wayne, Nebraska; City of Wakefield, Nebraska; City of Beatrice, Nebraska; City of Scribner, Nebraska; Village of Walthill, Nebraska (Appellants) v. Nebraska Public Power District
Power Review Board
Attorneys: Steven D. Davidson & David C. Levy (Baird Holm LLP) (Appellants) --- Kile Johnson & Corey Wasserburger (Johnson, Flodman, Guenzel & Widger) & John C. McClure (Nebraska Public Power District)
Civil: Breach of Contract
Proceedings below: The arbitration board found in favor of Appellee. Appellee filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.
Issues: The arbitration board erred in failing to find 1) that Appellee’s 2016 and 2017 wholesale rate structure is unfair, unreasonable and discriminatory, in violation of Neb. Rev. Stat. §70-655(1), 2) that Appellee’s 2016 and 2017 wholesale rate structure breached the 2002 Wholesale Power Contract, and 3) that Appellee violated the duty of good faith and fair dealing under the 2002 Wholesale Power Contract.