June 22, 2018
The 795th meeting of the Nebraska Power Review Board (“the Board” or “PRB”) was held in the Liquor Control Commission hearing room, Nebraska State Office Building, 301 Centennial Mall, Lincoln, Nebraska. The roll was called and present were Chairman Reida, Vice Chairman Morehouse, Mr. Grennan, Mr. Hutchison, and Mr. Moen. Executive Director Texel stated that public notice for the meeting had been published in the Lincoln Journal Star newspaper on June 12, 2018. All background materials for the agenda items to be acted on had been provided to all Board members prior to the meeting and a copy was in each Board member’s notebook. The executive director announced that a copy of the Nebraska Open Meetings Act was on display on the north wall of the room for the public to review, and another copy was available in a three-ring binder on a table at the back of the room. A copy of all materials that the Board would consider was available for public inspection on a table in the back of the room, as well as extra copies of the agenda.
The Board first considered the draft minutes from its May 18, 2018, meeting. The minutes required one change. At the very end there is a reference to “p.m.” describing when the meeting adjourned. That needs to be changed to “a.m.”, as the meeting adjourned at 10:40 a.m. Vice Chairman Morehouse moved to approve the minutes with the reference to p.m. changed to a.m. Mr. Grennan seconded the motion. Voting on the motion: Chairman Reida – yes, Vice Chairman Morehouse – yes, Mr. Grennan – yes, Mr. Hutchison – yes, and Mr. Moen – yes. The motion carried 5– 0.
The next agenda item was acceptance of the expense report for the month of May. In May, there was $24,844.92 in personal services, $15,963.78 in operating expenses, and $1,745.69 in travel expenses. The total expenses for May were $42,554.39. Vice Chairman Morehouse moved to accept the expense report for May. Mr. Hutchinson seconded the motion. Voting on the motion: Chairman Reida – yes, Vice Chairman Morehouse – yes, Mr. Grennan – yes, Mr. Hutchison – yes, and Mr. Moen –yes. The motion carried 5– 0.
The next item on the agenda was to consider SAA 304-18-A. This is a joint application submitted by the Nebraska Public Power District and Perennial Public Power District. The application was filed on May 16, 2018. The utilities are exchanging two tracts of territory near the City of Geneva. Exhibit A-1 shows the location of the two tracts of territory being exchanged. Exhibit A-2 is a metes and bounds description of the new boundary around Geneva. There are two exceptions identified that NPPD will continue to serve even though they are located in the territory NPPD is transferring to Perennial PPD. One is a billboard and the other is a streetlight. Counsel for NPPD stated the transfer was a request by a customer and this is how the two utilities worked out the transfer. Mr. Grennan moved to approve SAA 304-18-A. Mr. Hutchison seconded the motion. Voting on the motion: Chairman Reida – yes, Vice Chairman Morehouse – yes, Mr. Grennan – yes, Mr. Hutchison – yes, and Mr. Moen –yes. The motion carried 5– 0.
The next item on the agenda was to consider SAA 339-18-A. This is a joint application submitted by the Norris Public Power District and the Nebraska Public Power District. The application was filed on May 16, 2018. The amendment is the result of Seward Co. PPD merging into Norris PPD in May of 2017. This is a clean-up of the service area boundaries. S.A.A. 6 was the agreement between Seward Co. PPD and NPPD. This amendment basically takes the boundary in S.A.A. 6 between NPPD and Seward Co. PPD and makes it part of S.A.A. 339 between NPPD and Norris PPD. Since S.A.A. 6 will have no more boundary and will effectively cease to exist after this transfer, Executive Director Texel recommended that the Board also terminate S.A.A. 6 as part of the approval of SAA 339-18-A. Vice Chairman Morehouse moved to approve SAA 339-18-A and terminate S.A.A. 6. Mr. Grennan seconded the motion. Voting on the motion: Chairman Reida – yes, Vice Chairman Morehouse – yes, Mr. Grennan – yes, Mr. Hutchison – yes, and Mr. Moen –yes. The motion carried 5 – 0.
The next item on the agenda was a presentation by John Krajewski, the Board’s consultant on Southwest Power Pool (SPP) issues, explaining all the committees, task forces and working groups in SPP and how they relate to each other. He also briefed the Board about recent developments at SPP. Mr. Krajewski explained how the SPP is set up to vote on issues, and what committees and working groups participate in the voting process. Mr. Krajewski discussed how a change could be requested and the steps it took to get it approved, and the appeals if the request is declined. The Board thanked Mr. Krajewski for the information. The Board members said that with several new members on the Board the information about the working groups and task forces and the acronyms is all very helpful. The Board discussed the possibility of the members attending the SPP quarterly meetings of the Regional State Committee and the Board of Directors in Omaha on July 30 and 31. Mr. Grennan encouraged the members whose schedules permit it to attend the meetings.
The next item on the agenda was the executive director’s report. Executive Director Texel explained that Mr. Grennan had asked that the travel costs to attend a Transmission Policy Summit be placed on the agenda. Due to the timing, the agenda could not be changed to add this item to the June agenda. Mr. Grennan explained that he received an invitation from one of the Commissioners on the Kansas Corporation Commission to attend the summit. It will be held in Lawrence, Kansas. One of the FERC Commissioners and the Deputy Assistant Secretary of the U.S. Department of Energy’s Office of Electricity will be speakers at the event. The summit is not until August 14, so the approval of travel expenses could be put on the July 27 meeting agenda if the Board wanted. The Board members all agreed that approval of the expenses should be placed on the July agenda. Mr. Grennan stated this might be a good summit to attend due to the attendance of at least one FERC Commissioner and other high level officials.
Vice Chairman Morehouse told the Board that an official with the Nebraska Public Power District had given a presentation to the Scottsbluff Rotary Club about the new Monolith facility that is being constructed by near the Sheldon generation station in Hallam, Nebraska. Vice Chairman Morehouse thought the presentation was very interesting and asked if the Board would like to hear the presentation about the facility. Mr. Moen reminded the Board he will be absent during the July meeting. The Board members all agreed they would like to hear the presentation during the August 24 meeting, if possible.
The executive director stated that the Order on the Writ of Mandate Procedures in the Neligh v. Elkhorn Rural Public Power District case, (PRB docket SAA 400-16-A), was sent out and both parties requested an additional 60 days. The due dates for responses to the Board’s additional question is now set for September 4. Briefs are due September 24. There will be no evidentiary hearing, but the Board will hear oral arguments in conjunction with its public meeting on September 28.
The executive director noted that the Board has received all but one check for the assessments for the 2018-19 fiscal year. The checks were due on Thursday, June 21. All outstanding utilities had been notified a week before the due date as a reminder to send in the assessment check. The one remaining utility said that the check had been sent. As long as it is postmarked by June 21, it is considered submitted on time. If the payment arrives late and is not postmarked by the due date, State law requires interest to be charged.
The executive director noted that the next meeting dates are July 27, August 24, and September 28, 2018.
Mr. Hutchison moved to adjourn the meeting. Mr. Grennan seconded the motion. Voting on the motion: Chairman Reida – yes, Vice Chairman Morehouse – yes, Mr. Grennan – yes, Mr. Hutchison – yes, and Mr. Moen – yes. The motion carried 5 – 0. The meeting was adjourned at 11:52 a.m.
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Timothy J. Texel
Executive Director and General Counsel
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