In re Appl. Northeast Ne Public Power Dist. v. Ne Public Power Dist.

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In re Appl. Northeast Ne Public Power Dist. v. Ne Public Power Dist.

Case Number
S-17-0529
Call Date
March 7, 2018
Case Time
9:00 AM
Court Number
Douglas
Case Location
Lincoln
Case Summary

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.

Schedule Code
SC