NEBRASKA POWER REVIEW BOARD
Minutes of the 869th Meeting
December 19, 2025
The 869th meeting of the Nebraska Power Review Board (Board or PRB) was held in the First Floor Hearing Room, Nebraska State Office Building, 301 Centennial Mall South, Lincoln, Nebraska. The meeting was called to order at 9:00 a.m. The roll was called and present were Chairman Hutchison, Mr. Austin, and Mr. Grennan. Mr. Liegl had informed the Board at the last meeting he would be traveling and unable to attend this meeting. The Executive Director Texel announced that Vice Chairwoman Gottschalk would be joining the meeting via Web-ex shortly. The meeting will therefore be a virtual conference meeting. The executive director stated that public notice for the meeting had been published in the Lincoln Journal Star newspaper on December 9, 2025. The meeting is available to the public through Webex. The Webex login information was available on the Board’s website and in the published notice. The agenda on the Board’s website provided links to the agenda items with associated documents the Board will consider, as well as a link to the Nebraska Open Meetings Act. Executive Director Texel explained that if any member of the public watching the meeting on Webex wanted to speak, they can click on the “raise your hand” icon. They would need to type their name, address and organization (if any) into the “chat.” Anyone wishing to comment on an item or ask a question could also type the comment or question in the chat function and the Board’s staff would read the question or comment to the Board. All background materials for the agenda items to be acted on were provided to all Board members prior to the meeting and a copy of the materials was in each Board member’s meeting notebook. The executive director announced that a copy of the Nebraska Open Meetings Act was on display on the south wall of the room, and another copy was available in a black three-ring binder on the table in the back of the room. A copy of all materials that the Board would consider was available for public inspection, as well as extra copies of the agenda.
The Board first considered the draft minutes from its November 21, 2025, public meeting. The minutes had been sent electronically to the Board members. The staff was not aware of any needed corrections, and no one contacted the Board regarding any changes. Mr. Grennan moved to approve the minutes. Mr. Austin seconded the motion. Voting on the motion: Chairman Hutchison – yes, Vice Chairwoman Gottschalk – absent, Mr. Austin – yes, Mr. Grennan – yes, and Mr. Liegl – absent. The motion carried 3-0 with two absent.
The next item was acceptance of the expense report for the month of November. In November there was $33,207.18 in personal services, $17,745.56 in operating expenses, and $2,525.22 in travel expenses. The total November expenses were $53,477.96. Vice Chairman Gottschalk joined the meeting at 9:06 a.m. November is the fifth month of the fiscal year, so 41.6% of the year has passed. The cashflow worksheet shows the PRB used 48.55% of its cash fund. At the end of November the agency was approximately 6.95% over budget. Mr. Grennan moved to accept the November expense report. Mr. Austin seconded the motion. Voting on the motion: Chairman Hutchison – yes, Vice Chairwoman Gottschalk – yes, Mr. Austin – yes, Mr. Grennan – yes, and Mr. Liegl – absent. The motion carried 4-0 with one absent.
The next agenda item was to consider approval of amended application PRB-4063-M. This item had been tabled at the November 19 meeting. This is an application filed by the Nebraska Public Power District (NPPD) to build a microwave communication facility in Holt County. The initial application was filed on September 5. NPPD filed an amended application on October 24. The reason for the amended application was so NPPD could add a list of additional telecommunications carriers identified by the Nebraska Public Service Commission (PSC) as providing service in the area. NPPD wanted to provide a description of its communications with the companies to determine if any of them could provide the needed service at a better price instead of NPPD. The PRB contacted the PSC for a list of telecommunications carriers operating in the Holt County area. The PSC identified fourteen possible carriers within the area. NPPD contacted each of the carriers prior to the PRB sending out the formal notice of filing to each carrier. In the amended application NPPD explains the response it received from each carrier that responded. At the November meeting there were still two carriers that had not received notice of filing. The certified letters were not picked up by one company, and the other company had relocated its office. The Board sent new certified letters to the companies’ registered agents listed with the Nebraska Secretary of State’s office. Pursuant to Neb. Rev. Stat. section 70-1021, the PRB must give notice to potentially interested telecom carriers and provide them with 10 days from receipt of notice in which to object to the Board’s approval of the application and to request a hearing. All fourteen carriers identified have now received notice and the ten day period has ended. The Board did not receive any protests or objections concerning the application. As required by Neb. Rev. Stat. section 37-807(3), the PRB consulted with the Game and Parks Commission to ensure that the PRB’s approval of the application would not harm any threatened or endangered species or their critical habitat. On November 6, 2025, the Commission responded in a letter stating that the project is in the range of the endangered Whooping Crane and Northern Long-Eared Bat, and the threatened American Burying Beetle, Western Prairie Fringed Orchid, and Small White Lady’s Slipper. The Commission determined the project zone was within a developed area and no suitable habitat exists in the project zone for any of the species. The Commission found the project would have “no effect” on any state-listed threatened or endangered species and the Commission had no objection to the PRB’s approval of the project. The executive director stated the findings that are necessary to approve the application, which are set out in Neb. Rev. Stat. section 70-1021. The Board must find that: 1) in the judgment of the PRB the district is not receiving the required quality of service and will not within a reasonable time receive the required quality of service from the regulated carriers involved, 2) the regulated carriers would not provide the required quality of service by the same or alternate methods, at the same or lower cost to the district and 3) such construction would be in the public interest. The Board also needs to decide whether to waive a hearing on the application. Mr. Grennan asked why the long delay for the application, since it was originally filed in September, and whether that is creating communications problems for NPPD. Executive Director Texel explained that NPPD thought that there were only two regulated carriers in the area. When the PRB contacted the PSC for a list of regulated carriers in the project area the PSC provided a list of 14 carriers. NPPD asked for additional time to contact all the carriers prior to the PRB sending the formal notice of filing. Then there were the two carriers that had to be provided notice by sending the certified notice to their registered agent. Normally the process would not be this long unless a protest was filed. The executive director was not aware if the delay caused any issues for NPPD. Mr. Grennan moved to approve the Nebraska Public Power District’s application to construct an 18.4 mile microwave facility and to waive the hearing. Vice Chairwoman Gottschalk seconded the motion. Voting on the motion: Chairman Hutchison – yes, Vice Chairwoman Gottschalk – yes, Mr. Austin – yes, Mr. Grennan – yes, and Mr. Liegl – absent. The motion carried 4-0 with one absent.
The Board then discussed whether to take action on a potential violation of Neb Rev. Stat. section 70-1011 by an apartment complex in OPPD’s service area. Executive Director Texel gave the Board an update. Initially the apartment complex’s lawyer told OPPD the complex wanted to have all electric services and billing turned over to OPPD. As of Wednesday, December 17, no services had been switched over to OPPD. The tenants in the complex are primarily or perhaps all college students, so the executive director did not consider the lack of transfers to be a major issue, since students would be in or nearing finals, and then many might leave for winter break. However, late yesterday afternoon the complex’s lawyer called and told the executive director that the apartment complex owner had changed its mind and will not have its tenants switch their electric service to OPPD. The attorney stated that he did not handle administrative hearings, so he was planning to withdraw as the apartment complex’s lawyer. Executive Director Texel told the Board that given the history of the delays in response to the PRB’s letters, it might be appropriate for the PRB to consider issuing a Notice of a Show Cause hearing. The PRB then can receive testimony and documents and determine if there truly is a violation. If the PRB would determine that there is a violation of state law, then pursuant to Neb. Rev. Stat. § 70-1015(1), the matter would be turned over to the Attorney General’s office to file a lawsuit seeking an injunction against the continued violation. Collin Sniff, OPPD Manager of Energy Regulatory Policy, stated that he understood the situation to be as Mr. Texel had described. OPPD’s customer service had been working with the complex’s attorney and provided instructions regarding what needed to be done to transfer the tenant’ services to OPPD. Mr. Sniff said it was his understanding that each apartment unit has a separate meter and that the owner was using a third party billing company to send out the bills and collect payments. Executive Director Texel reminded everyone that since this is an informal investigation, the apartment complex’s name has not been disclosed. There was a discussion by the Board members about whether any motion made in this matter should disclose the complex’s name. The Board felt it was appropriate to disclose the name in the motion since the Board would be issuing a notice for a show cause hearing. Mr. Austin moved that the PRB staff be directed to issue a Notice for a Show Cause hearing in the matter involving the Muse Apartment Complex located in OPPD’s service area, as the complex is suspected of violating state law due to the way it operates its electric service at the apartment complex. The notice will be for a show cause hearing on February 20, 2026 in conjunction with the PRB’s February public meeting and includes authority for the staff to issue whatever subpoenas are believed necessary to compel attendance at the hearing of the complex’s manager or any other party. Vice Chairwoman Gottschalk seconded the motion. Voting on the motion: Chairman Hutchison – yes, Vice Chairwoman Gottschalk – yes, Mr. Austin – yes, Mr. Grennan – yes, and Mr. Liegl – absent. The motion carried 4-0 with one absent.
Chairman Hutchison then gave an update on Southwest Power Pool (SPP) activities. He spoke about the new SPP task force called CARE (Cost Allocation Resource Evaluation) and who will be on it. He explained that the goal would be to prepare some guidelines so the Regional State Committee (RSC) could vote on them at its August 2026 meeting and have final approval by November. Mr. Austin noted that Chairman Hutchison referred to an ITP during his update and asked what that acronym means. Chairman Hutchison explained that SPP prepares an integrated transmission plan study that results in a report. In these reports SPP identifies areas where there is transmission congestion or a need for additional transmission due to other reasons. If transmission is needed, SPP will send out a “notice to construct” to a utility to build the line. Pursuant to Neb. Rev. Stat. section 70-1028, if a transmission line is approved by a regional transmission organization as part of its transmission plan, the incumbent electric utility that owns the transmission assets to which the proposed new line will interconnect has 90 days in which to give notice to the PRB that it wishes to exercise its right of first refusal to build the line. Executive Director Texel added that the Board just received a “notice of intent to construct" from Tri-State Generation and Transmission Association, Inc. for a 345 kilovolt line from Sidney, Nebraska to Holcomb, Kansas. He told the Board the letter says Tri-State and Western Minnesota Municipal Power Agency own the substation in Sidney that would be the proposed line’s northern terminus. The utility involved then has 24 months after the notice in which to file an application with the PRB for authorization to build the line.
Executive Director Texel then gave the Board an update on the PRB’s participation in the Liphardt v. City of Lincoln d/b/a Lincoln Electric System lawsuit in Lancaster County District Court. Attorney General Hilgers authorized the PRB to file a motion to intervene in the lawsuit, and he appointed Executive Director Texel as a Special Assistant Attorney General for purposes of representing the PRB in the lawsuit. The Eolian company has already filed a motion to intervene in the case. Mr. Liphardt’s lawyer is not opposing Eolian’s intervention. Executive Director Texel contacted Mr. Liphardt’s attorney and he does not oppose the PRB’s intervention, either. Since the motions were not opposed, the court bailiff asked if this hearing could be cancelled, to which all parties agreed. The judge issued an order granting both interventions. The PRB’s proposed Answer to Liphardt’s Petition was accepted and deemed to be filed. The next step will be for the PRB to file a motion for summary judgement. LES and Eolian are also planning to file motions for a summary judgment. The counsels for Eolian and Mr. Liphardt have a trial in January, so it is the executive director’s understanding nothing is expected to happen in the case until that trial is over, which should be near the end of January.
The executive director announced that the Board has decided its 2026 meetings will continue to be held on the third Friday of each month. He explained that he had reviewed the calendar and the June meeting date falls on June 19, which is the Juneteenth holiday. That meeting needs to be rescheduled. Chairman Hutchison said he has an SPP conflict on June 12, but not on June 26. The Board members all agreed to reschedule the June meeting date to June 26. The Board also discussed the January 2026 meeting. The third Friday is January 16. Chairman Hutchison said he has a conflict on January 16 that he cannot reschedule due to an SPP CARE team meeting. He noted that if the meeting was rescheduled to June 23, all Legislative bills would be submitted for the Board to review. The Board members agreed to schedule the January meeting to January 23.
Executive Director Texel noted that the next meetings are January 23, February 20, and March 20, 2026.
The next item on the agenda was the election of the chair and vice chair. Chairman Hutchison stated that he spoke with Vice Chairwoman Gottschalk and she stated said she would be happy to continue to serve as Vice Chair. Chairman Hutchison also stated that he would be happy to continue to serve as Chair. The Board discussed whether a motion and vote is needed, since the chair and vice chair would not change. Mr. Austin made a motion to have the current Chairman (Hutchison) and Vice Chairwoman (Gottschalk) continue serving those same roles in 2026. Mr. Grennan seconded the motion. Voting on the motion: Chairman Hutchison – yes, Vice Chairwoman Gottschalk – yes, Mr. Austin – yes, Mr. Grennan – yes, and Mr. Liegl – absent. The motion carried 4-0 with one absent.
Mr. Austin moved to adjourn the meeting. Mr. Grennan seconded the motion. Voting on the motion: Chairman Hutchison – yes, Vice Chairwoman Gottschalk – yes, Mr. Austin – yes, Mr. Grennan – yes, and Mr. Liegl – absent. The motion carried 4 – 0 with one absent. The meeting adjourned at 10:25 a.m.
Timothy J. Texel
Executive Director and General Counsel
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