75-109.01. Jurisdiction.

395 words·~2 min read·/ne/chapter-75/75-109-01

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

Except as otherwise specifically provided by law, the Public Service Commission shall have jurisdiction, as prescribed, over the following subjects:

(1)Common carriers, generally, pursuant to sections 75-101 to 75-158 ;

(2)Grain pursuant to the Grain Dealer Act and the Grain Warehouse Act and sections 89-1,104 to 89-1,108 ;

(3)Manufactured homes and recreational vehicles pursuant to the Uniform Standard Code for Manufactured Homes and Recreational Vehicles;

(4)Modular housing units pursuant to the Nebraska Uniform Standards for Modular Housing Units Act;

(5)Motor carrier registration, licensure, and safety pursuant to sections 75-301 to 75-343 , 75-369.03 , 75-370 , and 75-371 ;

(6)Pipeline carriers and rights-of-way pursuant to the Major Oil Pipeline Siting Act, the State Natural Gas Regulation Act, and sections 75-501 to 75-503 . If the provisions of Chapter 75 are inconsistent with the provisions of the Major Oil Pipeline Siting Act, the provisions of the Major Oil Pipeline Siting Act control;

(7)Railroad carrier safety pursuant to sections 74-918 , 74-919 , 74-1323 , and 75-401 to 75-430 ;

(8)Telecommunications carriers pursuant to the Automatic Dialing-Announcing Devices Act, the 911 Service System Act, the Intrastate Pay-Per-Call Regulation Act, the Nebraska Telecommunications Regulation Act, the Nebraska Telecommunications Universal Service Fund Act, the Telecommunications Exchange Deregulation Act, the Telecommunications Relay System Act, the Telephone Consumer Slamming Prevention Act, and sections 86-574 to 86-578 , 86-1307 , and 86-1308 ;

(9)Transmission lines and rights-of-way pursuant to sections 70-301 and 75-702 to 75-724 ;

(10)Water service pursuant to the Water Service Regulation Act; and

(11)Jurisdictional utilities governed by the State Natural Gas Regulation Act. If the provisions of Chapter 75 are inconsistent with the provisions of the State Natural Gas Regulation Act, the provisions of the State Natural Gas Regulation Act control.

Under subsection

(2)of this section, the Public Service Commission's authority to regulate public grain warehouses is purely statutory, in contrast to its plenary authority to regulate common carriers under the state Constitution. Amend v. Nebraska Pub. Serv. Comm., 298 Neb. 617, 905 N.W.2d 551 (2018).

The Public Service Commission does not have jurisdiction pursuant to the Grain Warehouse Act and the Grain Dealer Act to determine equitable actions based on fraud and misrepresentation, such as rescission or an action for a constructive trust. In re Claims Against Pierce Elevator, 291 Neb. 798, 868 N.W.2d 781 (2015).