NEBRASKA POWER REVIEW BOARD
Minutes of the 870th Meeting
January 23, 2026
The 870th 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, Vice Chairwoman Gottschalk, Mr. Austin, Mr. Liegl, and Mr. Grennan. The executive director stated that public notice for the meeting had been published in the Lincoln Journal Star newspaper on January 13, 2026. 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 December 19, 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. 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 item was acceptance of the expense report for the month of December. In December there was $31,915.36 in personal services, $18,179.68 in operating expenses, and $1,986.76 in travel expenses. The total December expenses were $52,536.80. December is the sixth month of the fiscal year, so 50% of the year has passed. The cashflow worksheet shows the PRB used 58.76% of its cash fund. At the end of December the agency was approximately 8.76% over budget. Last month the board was approximately 6.95% over budget. Mr. Liegl asked if the Board was keeping the Governor’s Budget Office apprised of budget numbers. Chairman Hutchison stated that if you would double the numbers at the end of December we would be into the cash reserve earlier than last year. Next year it will be likely that we will use all of the cash reserve if we continue in the same fashion. Mr. Grennan said he agreed that this has been discussed thoroughly over the last year and we should make sure the budget analyst is aware of the situation. Rebecca Hallgren (the Board’s business manager) stated that she believed the Budget Office printed out each month’s report and should be aware of the situation. The Board asked Ms. Hallgren to send a message to the Budget Office analyst to make sure he is aware of the situation and the concerns. Ms. Hallgren told the Board she is starting the assessment process about a month earlier than normal. Usually utility gross revenue requests are sent at the beginning of March, but this year they are being sent out at the beginning of February. Mr. Liegl moved to accept the December expense report. 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 to consider approval of Loup River Public Power District’s amended Petition for Charter Amendment 11. This petition was originally filed September 22, 2025. The PRB staff to have several items clarified in the petition. The amended petition was filed November 10, 2025. The petition adds the language concerning the general obligation bonds required by Neb. Rev. Stat. section 70-604(5). The petition also addresses the District’s territory by clarifying in which townships Subdivisions 1 and 5 belong. The petition also cleans up some grammatical language with reference to the “proposed District.” A new section is added to include the language “f) That said district shall not have the power to issue general obligation bonds.” As required by statute, the Board published the notice of the proposed amendment for three consecutive weeks in at least two legal newspapers of general circulation within Loup River PPD’s service area. The notice was published in the Albion News and the Columbus Telegram on November 19, 26 and December 3, 2025. The Notice stated that anyone within the District could file a protest or complaint with the Board by January 9, 2026. The Board did not receive any protests or complaints. The Board needs to find that the charter amendment 1) will not be contrary to the best interests of the District and 2) will not jeopardize the or impair the rights of creditors of the District or of other persons. Vice Chairman Gottschalk moved to waive the hearing and approve the Loup River Public Power District’s amended Petition for Charter Amendment 11. 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 if the Board will request the Nebraska Power Association to provide additional information in the Load and Capability Report concerning Table 7. In the previous month the Board members discussed two issues with which they were concerned. The Board created a committee consisting of Chairman Hutchison and Mr. Grennan to meet with the NPA to discuss the topics. The issue of large load interconnection is still being discussed. Table 7 provides information for committed, planned and studied generation resources. In 2024 the information was presented for each generation unit. In 2025 the information was presented in aggregate form by fuel type. The Board would like to have the information provided as it was in the 2024 version of Table 7. The NPA Joint Planning Subcommittee previously told the Board it would not be a problem to present the information as it had been in the 2024 report. Chairman Hutchison asked to have this placed on the agenda. Mr. Austin moved that the PRB request the NPA to present information regarding committed, planned and studied generation resources as presented in Table 7 of the report by individual unit, as was done in the 2024 report, and not use groupings by fuel type as was used in the 2025 report, beginning with the 2026 report and all reports thereafter. 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 renewal of contract 94906 04 with JK Energy Consulting, LLC. This is the Board’s contract for the consultant that represents the PRB and Nebraska on the Southwest Power Pool (SPP) Cost Allocation Working Group (CAWG), and serves as advisor to the PRB’s member that represents Nebraska on the SPP’s Regional State Committee (RSC). That member is currently Chairman Hutchison. The contract was originally signed in 2021. The state allows contracts to have five renewals before a new request for proposals must be issued. This would be the fifth renewal of the contract. The current contract period ends June 30, 2026. The contract period the Board is considering would be July 1, 2026 to June 30, 2027. The contract follows the State’s fiscal year. The current contract amount is for $14,868 per month, or $178,416 annually. The contract allows the contractor to request an increase in compensation after the initial two years of the contract. An increase request cannot be more than five percent. Last year there was no change in the compensation. JK Energy submitted a letter confirming that it wants to renew the contract with a 4% increase in compensation for the renewal beginning July 1, 2026. The new pay amount requested would increase the monthly payment to $15,463. There is an additional price increase set out for that portion of the contract covering calendar year 2026 due to Mr. Krajewski becoming chair of the CAWG. It is expected that when a commissioner from a state is elected chair of the RSC, the staff member serving on the CAWG from that state will become the chair of the CAWG. This creates an increased workload for JK Energy that is beyond what is covered by the current contract. This situation also occurred when Dennis Grennan was RSC chairman in 2020. The increase in compensation is $1,233 per month in addition to the base amount during the period where he is CAWG chair. The additional compensation is currently being paid, as Mr. Krajewski is currently serving as CAWG Chair. The new contract would need to include the additional pay during the first half of the 2026-2027 contract term (July 1 to December 31, 2026). Mr. Krajewski was in attendance at the meeting and addressed the Board to explain the amounts in the contract and his desire to renew the contract. The executive director explained the process for renewal of the contract. Once the Board approves the contract renewal and the compensation amount, Executive Director Texel will inform the Department of Administrative Services’ Materiel Division of the Board’s desire to renew the contract. The Materiel Division will then prepare the necessary addendum and contract renewal forms for JK Energy to sign. The Materiel Division signs the contract on behalf of the State of Nebraska. Mr. Grennan moved to approve renewal of contract 94906 04 with JK Energy Consulting, LLC from July 1, 2026 to June 30, 2027 at a compensation level of $15,463 per month, with an addendum to allow for an additional $1,233 per month for the period of July 1, 2026 to December 31, 2026. The additional $1,233 per month is contingent on Mr. Krajewski continuing to serve as chair of the RSC’s Cost Allocation Working Group. Vice Chairwoman Gottschalk seconded the motion. Voting on the motion: Chairman Hutchison – yes, Vice Chairwoman Gottschalk – yes, Mr. Austin – yes, Mr. Grennan – yes, Mr. Liegl – yes. The motion carried 5 – 0.
While Mr. Krajewski was in attendance, Chairman Hutchison asked if he could give his update on SPP items. Chairman Hutchison highlighted three items that were being discussed for the RSC quarterly meeting. Large load integration and processes by which to facilitate interconnection of large loads has proceeded ahead. FERC approved the SPP’s new proposed tariff changes. The third situation dealt with conditional large loads. This basically is a category for situations when there is not enough electricity. In that situation the customer agrees to curtail its load. The second item on the agenda is the demand response issue being discussed by the REAL team. There is ongoing discussion about how the planning reserve margin (PRM) forecasts affect utilities and how the demand response is figured out. The third item discussed was the RSC hiring its own consultant to advise the RSC on certain issues. This is important to help the RSC receive independent opinions. This will be voted on at the next RSC meeting. The RFP’s have been reviewed. The consultant will be funded by the RSC budget. Mr. Grennan talked about how the RSC will look due to the western expansion. Chairman Hutchison said that the western expansion will begin April 1. Some of the states already have a representative that has been attending RSC meetings. For topics that only affect the western area, only the western RSC representatives will vote. Similarly, if an issue only affects the eastern operating area, only eastern RSC members will vote.
The next agenda item was to consider Custer Public Power District and Loup Valleys Rural Public Power District’s joint application to amend SAA 168-26-A. This is a joint application filed on January 13. The amendment addresses three customers that are identified as exceptions on the service area map. When the service area agreements were created, in order to indicate customers that were outside of a utility’s boundary but served by a line the owned by another utility, they were shown as exceptions on the map. As the utilities build infrastructure that can serve these customers then the utilities need to decide if they will transfer the customer to the utility that controls the service area. Loup Valleys RPPD has added infrastructure and now has the ability to serve the three customers located inside its service area. Custer PPD is willing to transfer them back to Loup Valleys RPPD. This amendment essentially erases the exceptions identified on the service area map. The utilities have agreed on the compensation for the transfer of customers and infrastructure. Chairman Hutchison stated that this application was filed just 10 days ago. Executive Director Texel stated that this is pretty straightforward and there was discussion concerning the application prior to the filing, so we were aware of the upcoming application. Mr. Liegl moved to approve Custer Public Power District and Loup Valleys Rural Public Power District’s joint application to amend SAA 168-26-A. Vice Chairwoman Gottschalk seconded the motion. Voting on the motion: Chairman Hutchison – yes, Vice Chairwoman Gottschalk – yes, Mr. Austin – yes, Mr. Grennan – yes, Mr. Liegl – yes. The motion carried 5 – 0.
The next item on the agenda was to consider approval of the registration costs for interested PRB members to participate in a 3-day online educational course sponsored by the National Association of Regulatory Utility Commissioners (NARUC). Last month Vice Chairman Gottschalk asked to have this put on the agenda. The education course is designed for state utility commissioners and titled “Regional Transmission Planning for State Regulators.” The classes are January 27, 28 and 29. The cost for registration is $250 per board member. Each participating Board member would also receive a per diem day. Vice Chairman Gottschalk stated that she felt there might be a lot of value in attending the session. Mr. Liegl moved to approve the cost for any Board member that wanted to attend the NARUC 3-day Regional Transmission Planning for State Regulators. Mr. Grennan seconded the motion. Voting on the motion: Chairman Hutchison – yes, Vice Chairwoman Gottschalk – yes, Mr. Austin – yes, Mr. Grennan – yes, Mr. Liegl – yes. The motion carried 5 – 0.
The next item on the agenda was to consider appointment of a hearing officer and a person to present evidence of a potential violation in The Muse Omaha apartment complex proceeding. The complaint proceeding has been designated C-57. This is a formal complaint brought on the Board’s own motion. At last month’s meeting the Board addressed issuing an Order to Show Cause and setting the matter for hearing. The Order to Show Cause was issued on January 9 and signed by Chairman Hutchison. Normally at the Board’s hearings, executive director Texel serves as a hearing officer. Due to the familiarity with the subject matter and to avoid additional costs to hire a private attorney to present the evidence, it was thought that Executive Director Texel could be appointed to present the evidence and Mr. Austin could be appointed to serve as hearing officer. Mr. Austin has served as hearing officer for other state agencies, so he is familiar with Nebraska laws relating to administrative hearings. The apartment complex has hired a new lawyer, Katherine McNamara, with the McGrath North Law Firm. She had contacted the office and discussed the situation with the executive director. Vecino has 20 days in which to file its Reply to the Order to Show Cause. The deadline for a reply is January 29. If Executive Director Texel is appointed to present the evidence and Mr. Austin to be hearing officer, Executive Director Texel will not be able to provide the Board with any further updates on the proceeding, nor can he discuss anything other than purely procedural issues with any Board member. Once the appointment occurs the ex parte rules will apply. Executive Director Texel said that to avoid any improper appearance, he will not address anything pertaining to the merits today. Mr. Austin is able to be the hearing officer and also vote as a board member. Vice Chairman Gottschalk made a motion to have Bill Austin be appointed to serve as hearing officer in Complaint C-57, captioned as “In the Matter of the Nebraska Power Review Board to Determine Whether Vecino Natural Bridge LLC, doing business as the Muse Omaha Apartment Complex, is operating it electrical system in violation of Nebraska Law.” Mr. Liegl seconded the motion. Voting on the motion: Chairman Hutchison – yes, Vice Chairwoman Gottschalk – yes, Mr. Austin – yes, Mr. Grennan – yes, Mr. Liegl – yes. The motion carried 5 – 0.
Vice Chairwoman Gottschalk then made a motion that Tim Texel serve as the counsel responsible for presenting evidence on behalf of the Power Review Board in support of a finding of a violation in Complaint C-57, captioned as “In the Matter of the Nebraska Power Review Board to determine whether Vecino Natural Bridge LLC, doing busing as the Muse Omaha Apartment Complex, is operating it electrical system in violation of Nebraska Law.” Mr. Liegl seconded the motion. Voting on the motion: Chairman Hutchison – yes, Vice Chairwoman Gottschalk – yes, Mr. Austin – yes, Mr. Grennan – yes, Mr. Liegl – yes. The motion carried 5 – 0.
The next agenda item was the executive director’s report. 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. Mr. Liphardt’s counsel has told LES and intervenors he was planning to amend the Petition to add LES’s chief financial officer as a named defendant. This is often done in Mandamus actions. Once this amendment is filed the other parties can proceed and file their motions for summary judgment.
Executive Director Texel next told the Board members He receives a monthly report about views on the PRB’s website. The report shows unique users and where they are located. There were just over 500 users from the U.S. in December. Interestingly, there were 621 hits from China and Singapore, and even three from Iraq. He did not believe there have ever been that many unique users from China in one month.
The Board took a break at 10:40. The Board reconvened at 10:49. All members were again present.
The next discussion was about the legislative bills. This is a short legislative session. The last day for senators to introduce any bills was Wednesday, January 21. The Board had a list of the bills from the previous session, as well as all the new bills. Executive Director Texel limited his discussion to bills that would affect the PRB or the electric industry.
Mr. Austin asked about the “Eolian” holdover bill submitted by Senator Prokop that addresses the definition of an energy storage resource. Executive Director Texel explained that there are a number of bills that address the definition of an ESR. The one from last session was LB 349. He was not sure which bill would move forward. He stated that it would be helpful for the Legislature to address this issue instead of just relying on Guidance Document 14.
LB 935 – This bill was introduced by Senator Bosn. The bill provides for an award of costs and attorney’s fees in certain actions involving political subdivisions. Political subdivisions would include PPD’s. If a claim is found to be frivolous, in bad faith or primarily for harassment purposes, the political subdivision could ask for fees and costs.
LB 1010—This bill was introduced by Senator Brandt. The bill provides for eminent domain of electrical energy storage property, and the storage of electric energy under the Electric Cooperative Corporation Act. It authorizes private entities to build ESRs in Nebraska, but the ESR must sell the output to a public power utility. An application for a privately-built ESR must be filed with the PRB. All Board members agreed the executive director should testify in a neutral capacity.
LB 1026—This bill was introduced by Senator Storm. The bill prohibits retirement, shutdown, cessation or operation and alteration of operation of energy generation facilities if the utility has any customers waiting for electric service. It provides exceptions if the facility is unsafe, damaged, uneconomical, or if decommissioning is required by state or federal law.
LB 1027— This bill was introduced by Senator Storm. The bill requires privately developed renewable energy generation facilities (PDREGF) to have a power purchase agreement (PPA) with a public power utility. It also requires the PRB to hold a hearing on all PDREGFs.
LB 1064—This was introduced by Senator Bostar. The bill adopts the Large Load Customer Regulation Act. It requires public power utilities to develop interconnection standards for new large loads (20+ megawatts capacity). Public power entities must also establish demand response and curtailment procedures for new large customers.
LB 1111—This was introduced by Senator Machaela Cavanaugh. The bill requires the representative organization in section 70-1025 to file an annual data center load report with the NPRB. The bill provides a list of eight categories of information that is to be included in the report. The bill also requires public power entities to impose numerous terms on new large data centers when interconnecting the load. Public power suppliers have to post information regarding large data centers on their websites.
LB 1172—This bill was introduced by Senator Holdcroft. The bill would require each electric supplier to maintain 75% of its generation portfolio as dispatchable. Electric suppliers must certify annually to the PRB whether they are in compliance
LB 1186—This bill was introduced by Senator John Cavanaugh. The bill adopts the Affordable American Energy and Jobs Act. Defines affordable American energy as wind, solar, biomass, geothermal, hydro or battery storage. To qualify, power supplier must have a power purchase agreement with a Nebraska public power entity. Qualifying facilities are not subject to eminent domain by public power utilities.
Mr. Grennan left the meeting at 11:52 a.m.
LB 1193—This bill was introduced by Senator Prokop. The bill provides regulations of and requirements for energy storage resources, and subjects privately owned energy storage resources to the nameplate capacity tax. Much of what is set out in the bill matches what is in PRB Guidance Document 14.
LB 1204—This bill was introduced by Senator Clouse. The bill adopts the Nameplate Capacity Tax Facility Standard Act. It creates uniform permitting, zoning and building requirements for PDREGFs and ESRs.
LB 1255—This bill was introduced by Senator Bostar. The bill prohibits public power suppliers from exercising the power of eminent domain.
LB 1259—This bill was introduced by Senator Hansen. The bill would adopt the Grid Modernization Act. It removes the obligation for public power to serve new large loads if the utility and the load cannot agree on the terms of service or if the customer is served by a private generation contract. It authorizes the PRB to promulgate several sets of new rules and regulations and hire consultants. Public power utilities and large-scale private generation providers must obtain PRB approval of large load contracts.
Executive Director Texel noted that the next meetings are February 20, March 20, and April 17, 2026.
Mr. Liegl moved to adjourn the meeting. Mr. Austin seconded the motion. Voting on the motion: Chairman Hutchison – yes, Vice Chairwoman Gottschalk – yes, Mr. Austin – yes, Mr. Grennan – absent, and Mr. Liegl – yes. The motion carried 4 – 0 with one absent. The meeting adjourned at 12:48 p.m.
Timothy J. Texel
Executive Director and General Counsel
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