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Code · Nebraska · Chapter 70 — Power Districts and Corporations

70-1506. Cryptocurrency mining operation; data center; regulation; report.

582 words·~3 min read·/ne/chapter-70/70-1506

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

(1)For purposes of this section:
(a)Cryptocurrency mining means validating transactions for addition to a blockchain distributed ledger;
(b)Cryptocurrency mining operation means any facility of one megawatt in size or greater that conducts cryptocurrency mining;
(c)Data center means a facility:
(i)The primary services of which are the storage, management, and processing of digital data;
(ii)That is used to house computer and network systems, including associated components such as servers, network equipment and appliances, telecommunications systems, data storage systems, systems for monitoring and managing infrastructure performance, Internet-related equipment and services, data communications connections, environmental controls, fire protection systems, and security systems and services; and
(iii)That has a peak electricity demand of ten megawatts or more; and
(d)Public power supplier means a public power district, municipal electric utility, or any other government entity providing electric service.
(2)A public power supplier may impose requirements on any cryptocurrency mining operation or data center for the cost of infrastructure upgrades necessitated by such operation or center, including, but not limited to:
(a)Requiring direct payment or a letter of credit from such operation or center for such cost; or
(b)Imposing terms and conditions on such operation or center that require the operation or center to pay the full cost of providing electric service and ensure no cost is passed on to other retail customers.
(3)Requirements imposed pursuant to this section shall be fair, reasonable, and not unduly discriminatory.
(4)Before any requirement is imposed pursuant to this section, the public power supplier shall conduct a load study to determine the costs, impacts, and infrastructure upgrades necessitated by the cryptocurrency mining operation or data center.
(5)Any person intending to install a cryptocurrency mining operation or data center is responsible for notifying the local public power supplier of such intent, and such operation or center is subject to the interconnection requirements of such supplier.
(6)The owner or operator of a data center shall submit an annual report to the Department of Water, Energy, and Environment and the Natural Resources Committee of the Legislature on or before September 30 of each year that includes the following:
(a)The name of the data center;
(b)The names of the developers and owners of the data center;
(c)The physical size of the data center in square feet;
(d)The location of the data center, including street address and county;
(e)The annual electricity demand of the data center;
(f)The annual water usage of the data center;
(g)The sales and use tax exemptions the data center utilizes or expects to utilize;
(h)Any incentive payments for the data center under the ImagiNE Nebraska Act and the Nebraska Advantage Act;
(i)All energy efficiency, load management, and conservation measures implemented by the data center;
(j)All commitments by the data center to use renewable energy; and
(k)The service life of the data center.
(7)The owner or operator of a data center shall:
(a)Bear all decommissioning costs of such data center; and
(b)Enter into a community benefit agreement with communities affected by the data center.
(8)Each public power supplier shall make available to the public on the supplier's website the number of cryptocurrency mining operations under the jurisdiction of the supplier and the annual energy usage of each operation.
(9)A cryptocurrency mining operation shall allow a public power supplier to interrupt such operation's electric service according to such supplier's established rate schedules and policies.
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