19-4644. Contract; review by Public Service Commission.

365 words·~2 min read·/ne/chapter-19/19-4644

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)A city and a utility shall not formally enter into a contract under section 19-4641 until the contract has been reviewed and approved by the commission.

(2)Upon completion of negotiations for the contract, the city and utility shall jointly submit the contract for review by the commission.

(3)The commission shall, following the submission of the contract and any supporting documentation requested by the commission, schedule a public hearing to be convened in the city at which the city and utility may present any additional information and respond to questions or inquiries by the commission and at which the public may comment upon the terms and conditions of the contract. The hearing may be recessed and reconvened in the city or at any other location at the discretion of the commission.

(4)The commission shall review the contract to determine

(a)the accuracy of its factual representations and calculations,

(b)the reasonableness of its terms and conditions,

(c)that the disclosure of material information by the city or utility regarding the contract has been full, complete, accurate, and mutual, and

(d)that the contract will, if entered into, further the public interest of the city in adequate and safe natural gas service.

(5)Following its review, the commission shall, within one hundred twenty days after the date of the submission to it of the contract, approve the contract, recommend amendments to the contract to conform it to the requirements of sections 19-4641 to 19-4645 , or deny approval of the contract. If the commission recommends amendments, the city and utility may adopt the amendments or renegotiate provisions of the contract and submit the amended contract for additional commission review. If the commission recommends amendments or denies approval of the contract, the city and utility may stipulate to additional time beyond the one hundred twenty days for the commission to further review amendments to or renegotiate provisions of the contract.

(6)When the commission approves the contract, the city and utility may formally enter into the contract.

(7)The commission may adopt and promulgate any rules or regulations necessary for the administration of its duties and responsibilities pursuant to sections 19-4641 to 19-4645 .