70-1028.01. Electric supplier; operation of direct-current, fast-charging station; conditions; section; termination.
395 words·~2 min read·
/ne/chapter-70/70-1028-01A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)An electric supplier shall have the authority to own, maintain, and operate a direct-current, fast-charging station for retail services only under all of the following conditions:
(a)An electric supplier shall only develop, own, maintain, or operate a direct-current, fast-charging station at a location which is at least fifteen miles from a privately owned direct-current, fast-charging station that is already existing or under construction and at least one mile from an alternative fuel corridor designated by the Federal Highway Administration; and
(b)Before beginning construction of a direct-current, fast-charging station that is developed, owned, maintained, or operated by such electric supplier, the electric supplier shall conduct a right of first refusal process as follows:
(i)At least ninety days prior to beginning construction of a direct-current, fast-charging station, the electric supplier shall publish notice in a newspaper in or of general circulation in the county where the direct-current, fast-charging station will be located as well as on its website. Such notice shall contain the beginning construction date, the construction location, the electric supplier's mailing address and email address, and the method by which a direct-current, fast-charging station operator may notify the electric supplier that such direct-current, fast-charging station operator plans to provide a direct-current, fast-charging station within fifteen miles of the proposed construction location;
(ii)If during such ninety-day period one or more direct-current, fast-charging station operators assert their right of first refusal by providing notification as described under subdivision (1)(b)(i) of this section, the electric supplier shall not construct the direct-current, fast-charging station; and
(iii)If after the ninety-day period no direct-current, fast-charging station operator has asserted a right of first refusal to provide a direct-current, fast-charging station within fifteen miles of the location proposed by an electric supplier, or if after notification is received under subdivision (1)(b)(i) of this section no direct-current, fast-charging station service is provided within eighteen months by a direct-current, fast-charging station operator, the electric supplier may proceed with construction of a direct-current, fast-charging station at the proposed location.
(2)An electric supplier that provides a direct-current, fast-charging station pursuant to this section shall do so under rates, tolls, rents, and charges that shall be fair, reasonable, nondiscriminatory, and available to all direct-current, fast-charging station operators in the electric supplier's service territory for the purposes of operating direct-current, fast-charging stations.
(3)This section shall terminate on December 31, 2027.