Nebraska Administrative Code
Topic - PUBLIC SERVICE COMMISSION
Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION
Chapter 9 - NATURAL GAS AND PIPELINE RULES AND REGULATIONS
Section 291-9-001 - GENERAL
Universal Citation: 291 NE Admin Rules and Regs ch 9 ยง 001
Current through March 20, 2024
001.01 Definitions:
As used in this chapter, unless the context otherwise requires, the following definitions shall be used
001.01A
Affiliate: A
person or entity that directly, or indirectly through one or more
intermediaries, controls, is controlled by, or is under common control with a
jurisdictional utility or competitive natural gas provider. A voting interest
of 10 percent or more creates a rebuttable presumption of control.
001.01A1
Shared Resources
Affiliate: A person or entity whose primary purpose is to share
employees, departments or other physical assets used by the jurisdictional
utility.
001.01A2
Affiliate Transaction: The purchase, sale, trade or
lease of a good, service, or tangible or intangible asset from the regulated
utility to an affiliate, regulated or unregulated other than a shared resources
affiliate, or from an affiliate other than a shared resources affiliate to the
regulated utility.
001.01B
Aggregator:
A person who combines retail end users into a group and arranges for the
acquisition of competitive natural gas services without taking title to those
services.
001.01C
Competitive Natural Gas Provider or "CNGP": A person
who takes title to natural gas and sells it for consumption by a retail
end-user in the state of Nebraska, and for purposes of this section also means
an aggregator as defined in LB 790 [2003], Sec. 48(1). CNGP includes an
affiliate of a Nebraska natural gas public utility. CNGP does not include the
following
001.01C1 A jurisdictional utility,
as defined in Nebraska Administrative Code, Title 291, Chapter 9, Rule
001.01G;
001.01C2 A city-owned or operated natural gas
utility or metropolitan utilities district in areas in which it provides
natural gas service through pipes it owns; or
001.01C3 A natural gas public utility that is
not subject to LB 790 as provided in LB 790, Sec. 3 in areas in which it is
providing natural gas service in accordance with LB 790, Sec. 3 [2003].
001.01D
Consumer Choice Program: A program offered by a
jurisdictional utility that allows ratepayers, other than high-volume
ratepayers, to purchase their gas supplies from a person other than the local
gas utility.
001.01E
Extension or Enlargement of a Service Area: The
proposed extension or enlargement of a natural gas service area, natural gas
mains, or natural gas services by an investor-owned utility or by a
metropolitan utilities district.
001.01F
Facility:
New and existing pipelines, rights-of-way, and any equipment, facility, or
building used in the transportation of liquid or gas or in the treatment of gas
during the course of transportation.
001.01GJurisdictional
Utility: A natural gas utility subject to the jurisdietion of the
Commission. Jurisdictional utility shall not mean a natural gas public utility
not subject to the jurisdiction of the Commission pursuant to LB 790, Sec. 3
[2003].
001.01H
Major
Oil Pipeline: For purposes of Section 023, a major oil pipeline
shall mean a pipeline which is larger than six inches (6") in inside diameter
and which is constructed in Nebraska for the transportation of petroleum, or
petroleum components, products, or wastes, including crude oil or any fraction
of crude oil, within, through, or across Nebraska, but does not include
in-field and gathering lines or major oil pipelines otherwise exempt under the
Major Oil Pipeline Siting Act.
001.01I
Metropolitan Utilities
District A district constituted by an area as defined in Neb. Rev.
Stat. Section
14-2101
(Reissue 1997) .
001.01J
Natural Gas Public Utility: Any corporation, company,
individual, or association of persons or their trustees, lessees, or receivers
that owns, controls, operates, or manages, except for private use, any
equipment, plant, or machinery, or any part thereof, for the conveyance of
natural gas through pipelines in or through any part of this state. Natural gas
public utility does not mean a natural gas utility owned or operated by a city
or a metropolitan utilities district. Natural gas public utility does not
include any activity of an otherwise jurisdictional corporation, company,
individual, or association of persons or their trustees, lessees, or receivers
as to the marketing or sale of compressed natural gas for end use as motor
vehicle fuel. Natural gas public utility does not include any gas gathering
system or interstate pipeline.
001.01K
Pipeline:
For purposes of Section 023, pipeline shall mean a pipe used to transport,
transmit, convey, or store liquid or gas for hire in Nebraska intrastate
commerce other than a major oil pipeline, a gathering pipeline, distribution
pipeline, or service line.
001.01L
Pipeline Carrier: For purposes of Section 023,
pipeline carrier shall mean a person that engages in owning, operating, or
managing a major oil pipeline.
001.01M
Prudent:
Prudent shall mean that in making a decision a natural gas public utility has
acted as any reasonable utility management would have acted in good faith,
based upon the facts known or which should have been known at the time the
decision was made.
001.01N
Retail End-user: Any person or entity, including any
manufacturer or producer of any product, purchasing natural gas for its own
consumption, and not for resale or consumption by any other person or entity,
without restriction based upon volume of gas consumed.
001.01O
Safety Data
SheetSafety data sheet means written or printed material
concerning a hazardous chemical that is prepared in accordance with paragraph
29 C.F.R. §
1910.1200(g) as it existed
on October 1, 2012.
001.01P
Seasonal Disconnection Charge: A charge applied by a
jurisdictional utility to a ratepayer who disconnects and reconnects service at
the same premises within a twelve-month period requiring the ratepayer to pay
in whole or in part charges for the months he or she was
disconnected.
001.01Q
Test Year: Either a consecutive twelve-month period
commencing on the proposed effective date of the rate increase or a base year
adjusted for known and measurable changes.
001.01R
Supplier: A
CNGP that participates in a consumer choice program.
Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.