NEBRASKA POWER REVIEW BOARD
Minutes of the 864th Meeting
July 18, 2025
The 864th 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 roll was called and present were Chairman Hutchison, Vice Chairwoman Gottschalk, Mr. Austin, Mr. Grennan, and Mr. Liegl. Executive Director Texel stated that public notice for the meeting had been published in the Lincoln Journal Star newspaper on July 8, 2025. The Board made the meeting available to the public through Webex. The Webex login information was available on the Board’s website. 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 be unmuted and could announce who is speaking, provide an address, and disclose if they represent an organization. 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 on a file cabinet, as well as extra copies of the agenda.
The Board first considered the draft minutes from its June 20, 2025, public meeting. The minutes had been sent electronically to the Board members. Chairman Hutchison recommended several edits to the minutes regarding his discussion about the SPP activities update. The proposed changes expressed more accurately the discussion during the RSC June 18 RSC Educational Session and what he said at the meeting. Executive Director Texel said the staff listened to the recording of the meeting and confirmed the edits accurately reflect what Chairman Hutchison had said at the June meeting. The edits had been sent out to the Board members for review. Chairman Hutchison moved to approve the draft minutes with the recommended edits for the June 20 meeting. 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 – yes. The motion carried 5-0.
The next agenda item was acceptance of the expense report for the month of June. The end of June expense report is the end of the State’s fiscal year. In June there was $29,334.97 in personal services, $23,019.17 in operating expenses, and $760.37 in travel expenses. The total June expenses were $53,114.51. At the end of the fiscal year it show that the Board used 104.24% of the agency’s cash fund. The 4.24% amounts to the PRB using $25,100 more than its assessment collected for the year. The Board has been operating on its reserve funds since June 18. Mr. Grennan moved to accept the June expense report. Mr. Austin seconded the motion. Voting on the motion: Chairman Hutchison – yes, Vice Chairwoman Gottschalk – yes, Mr. Austin – yes, Mr. Moen – yes, and Mr. Liegl – yes. The motion carried 5-0.
The next item on the agenda was to discuss the PRB’s cash fund and assessment. At last month’s meeting the Board requested this item to be on the agenda so it could consider appointing a committee to examine issues related to the PRB’s cash funding. After the June meeting the executive director spoke with Chairman Hutchison and Mr. Leigl and scheduled a meeting with the Budget Office to discuss the assessments and funding issues. Mr. Liegl (appointed as the Board’s designated accountant member), the executive director and Rebecca Hallgren (the PRB’s business manager) will meet with Budget Office personnel on the following Monday, July 21.
The next item on the agenda was to consider approval of expenses for Board members and the executive director to attend the 2025 Wind and Solar Conference in Lincoln on October 21 and 22 at the Cornhusker Marriott Hotel. The early registration cost for the meeting is $175 per Board member. The executive director would have no other costs to attend. Board members would receive their per diem, and Board members that do not live in Lincoln would have mileage expenses. The agenda is not yet final, but the expected topics include sessions on battery storage, urban solar, federal policy panel, Nebraska Public Power CEO panel, wildlife sensing and curtailment and a legislative update. Vice Chairwoman Gottschalk moved to approve paying the expenses for any Board member and the executive director to attend the 2025 Wind and Solar Conference in Lincoln at the Marriott Hotel. Mr. Liegl seconded the motion: Voting on the motion: Chairman Hutchison – yes, Vice Chairwoman Gottschalk – yes, Mr. Austin – yes, Mr. Grennan – yes, and Mr. Liegl – yes. The motion carried 5-0.
The next item on the agenda was to consider approval of expenses for Board Members and the executive director to attend the Advanced Nuclear Coalition Forum. The 2025 Advanced Nuclear Coalition Forum will be held in La Vista at the La Vista Conference Center on October 1 through 3. This event was in Lincoln last year and several Board members and Executive Director Texel attended. If paid by July 31 the registration $295. Other expenses will be mileage and possibly parking. Vice Chairwoman Gottschalk stated that parking would be comped for those who register to attend. Executive Director Texel told the Board that on October 1 there will be a tour of Cooper Nuclear Station, as well as a “Nuclear 101” class. The two events overlap, so attendees will have to decide which event to attend. He stated that he has been on a tour of a nuclear facility and he planned to attend the Nuclear 101 session. Mr. Grennan stated that he would definitely like to attend the conference. Vice Chairwoman Gottschalk told the Board she is the president of the Advanced Nuclear Coalition Forum, so she will already be at the event in that capacity. Chairman Hutchison stated that he thinks it is important for the members to attend. Nebraska is in a situation where the utilities need to add significant generation, and nuclear is an emission-free, clean energy baseload energy source. He spoke about his experience running a nuclear submarine in the military and how nuclear technology has advanced. Mr. Grennan added that nuclear would be a good opportunity for the industry to meet its generation needs. Mr. Austin moved to approve expenses for any Board member and the executive director to attend the 2025 Advanced Nuclear Coalition Forum. Mr. Liegl seconded the motion. Voting on the motion: Voting on the motion: Chairman Hutchison – yes, Vice Chairwoman Gottschalk – abstain, Mr. Austin – yes, Mr. Grennan – yes, and Mr. Liegl – yes. The motion carried 4-0 with one abstain.
The next item was to consider application PRB-4057-G. This item is scheduled for an evidentiary hearing to begin at 9:30 a.m. The Board tabled the item and continued to the next agenda item, which was the executive director’s report.
Executive Director Texel spoke about several applications that are expected to be submitted in the near future. He told the Board the City of Wayne is planning to replace its generators and will be submitting an application. The replacement generator will be larger than the City’s current generators, so they will not be exempt from the application process. Also, NPPD is preparing to submit an application for a large natural gas generating facility. This is expected to be filed within the next couple of months.
Executive Director Texel told the Board about a potential violation of service area protection on which he is following up. He stated that a customer called to complain about the electric charges for apartment. After speaking with the customer it appeared that the PRB did not have jurisdiction over the billing dispute. However, the customer explained that each apartment has a meter and the the landlord collects the data and forwards the information to another company that sends bills to each tenant. The third party company then pays an aggregate amount to the local retail utility for the electricity used in the apartment complex. The monthly bill for each tenant is not a set amount, but rather is based on usage. It is unknown whether the landlord increases the price per kilowatt hour for the electricity. The problem is this seems similar to a master metering situation, which is prohibited under chapter 70, article 10 of the Nebraska statutes and PRB Guidance Document 12. The executive director said he will send a letter to the landlord asking if the customer’s assertions are accurate. This situation is similar to when Westroads Mall was operating a generator and charging each tenant business for its electricity based on usage. That issue was resolved when Westroads agreed to turn over direct utility services to OPPD.
The Board recessed its public meeting at 9:37 a.m. to conduct an evidentiary hearing on PRB-4057-G. This is for an application filed by Lincoln Electric System to install two combustion turbine units totaling 104 megawatts. The Board reconvened its public meeting at 10:57 a.m. All board members were again present.
The next item on the agenda was application PRB-4057-G. This is an application filed by LES for two fifty-two (52) megawatt aero derivate dual fuel combustion turbines. The turbines will be able to operate on both natural gas or fuel oil. The application was filed on June 20, 2025. A Notice of Filing and Hearing Date was sent out to those parties the Board deemed potentially affected due to proximity and resources. The notice was sent to MEAN, NPPD, OPPD, City of Beatrice, City of David City, City of Fremont, City of Nebraska City, City of Wahoo, and the City of Wilber. The notice was also placed in the local newspaper, the Lincoln Journal Star, on June 27, 2025. The notice stated that any interested party could file a Petition for Intervention and if granted intervention may appear, file objections, and offer evidence. No Petitions for Intervention were filed. The PRB also consulted with the Nebraska Game and Parks Commission as required by Neb. Rev. Stat. section 37-807(3). In a letter dated July 3, 2025, the Commission stated the project is within the range of the endangered northern long-eared bat and the threatened western prairied fringed orchid. Because the project lies within the boundaries of the existing Terry Bundy Generation Station the Commission found that there is no suitable habitat in the project area. The Commission determined that the project will have “No Effect” on any threatened or endangered species or their critical habitat, and the commission did not object to approval of the project. During the evidentiary hearing LES offered evidence to show the units would meet the public convenience and necessity and that this was the most economical option for additional generation, without unnecessary duplication. During the hearing Mr. Grennan recused himself from the application because his employer, HDR, Inc., performed engineering work on the project. Executive Director Texel explained that a formal written decision is required and is the actual final decision. However, if the Board members believe it is clear they can make the necessary findings and the hearing does not involve opposing parties, as a courtesy to the applicant the PRB will often vote during its public meeting to give the applicant a preliminary decision. That allows the applicant to proceed with its project without the need to wait a couple months for the final written decision. Vice Chairwoman Gottschalk moved to approve PRB-4057-G. Mr. Liegl seconded the motion. Voting on the motion: Chairman Hutchison – yes, Vice Chairwoman Gottschalk – yes, Mr. Austin – yes, Mr. Grennan – recuse, Mr. Liegl – yes, and Mr. Moen – yes. The motion carried 4-0 with one member recusing himself.
The Board then discussed SPP activities. Chairman Hutchison made a couple comments concerning the large load interconnection policy. There is a meeting scheduled on that topic for the first week of August. The other comment was concerning demand response. The Cost Allocation Working Group (CAWG) did not approve a draft policy and he was not sure what the stance of the REAL team will be on this policy. Chairman Hutchison stated that it has been almost ten years since the demand response policy was reviewed. The issue is difficult to address since there are so many utilities and voices at the table. Chairman Hutchison stated that SPP would like to file the two policies at FERC at the same time.
Executive Director Texel stated that the next three PRB meetings are scheduled for August 15, September 19, and October 17, 2025.
Mr. Austin moved to adjourn the meeting. Mr. Liegl seconded the motion. Voting on the motion: Chairman Hutchison – yes, Vice Chairwoman Gottschalk – yes, Mr. Austin – yes, Mr. Grennan – yes, and Mr. Liegl – yes. The motion carried 5 – 0. The meeting adjourned at 11:15 a.m.
Timothy J. Texel
Executive Director and General Counsel
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