NEBRASKA POWER REVIEW BOARD
Minutes of the 873rd Meeting
April 17, 2026
The 873rd 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. Grennan and Mr. Liegl. The executive director stated that public notice for the meeting had been published in the Lincoln Journal Star newspaper on April 7, 2026. The meeting was 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 at 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 March 20, 2026, public meeting. The minutes had been sent electronically to the Board members. The staff was not aware of any corrections needed, and no one contacted the Board regarding any changes. Mr. Liegl moved to approve the minutes. 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 – yes. The motion carried 5-0.
The next item was acceptance of the expense report for the month of March. In March there was $33,422.49 in personal services, $20,276.86 in operating expenses, and $86.34 in travel expenses. The total March expenses were 53,785.69. March is the ninth month of the fiscal year, so 75% of the year has passed. The cashflow worksheet shows the PRB has used 83.9% of its cash fund. At the end of March, the agency was approximately 8.9% over budget. Last month the board was approximately 8.3% over budget. Vice Chairwoman Gottschalk moved to accept the March expense report. 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 agenda item was to consider approval of the Loup Valleys Rural Public Power District’s Petition for Charter Amendment 2. Loup Valleys RPPD filed its Petition on February 24, 2026. The amendment would reduce the number of directors from 9 to 7. The directors are all elected “at-large” so the population figures normally required for charter amendments amending voting subdivisions was not necessary. There were no protests or objections filed with the Board, so the Board has the discretion to waive the hearing. The executive director reminded the Board that in order to approve the amendment, the Board needs to find that the charter amendment will not be contrary to the best interests of the District and will not jeopardize or impair the rights of creditors of the District or of other persons. Vice Chairwoman Gottschalk moved to waive the hearing and approve the Loup Valleys Rural Public Power District’s Petition for Charter Amendment 2. 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 – yes. The motion carried 5-0.
The next item on the agenda was the director’s report. The first item was an update on Southwest Power Pool activities. Chairman Hutchison stated that he and several other Regional State Committe members met with officials from the Federal Energy Regulatory Commission (FERC). The meeting went well and the FERC officials were appreciative of the additional information. Arizona, Utah and Wyoming are now part of SPP West effective April 1, 2026. There are procedures in place in the bylaws so those members who are in the western interconnect will vote on issues that affect the western interconnection, and similarly the members operating in the eastern interconnect will vote on issues that affect the eastern interconnection.
Executive Director Texel then updated the Board on the PRB’s participation in the Liphardt v. City of Lincoln d/b/a Lincoln Electric System lawsuit in Lancaster County District Court. He informed the Board that since LB 1010 has passed, he believes the lawsuit is moot. LB 1010 provides an approval process for construction or installation of energy storage resources (ESR) by private entities. The lawsuit is based on a premise that private entities are prohibited from constructing ESRs in Nebraska, and under LB 1010 state law will now explicitly authorize it. He has not spoken yet with LES and Eolian (the other intervenor in the lawsuit), but he will recommend that all three defendants file a joint motion to dismiss.
The next discussion was about legislative bills. Executive Director Texel told the Board that the session would end sine die today. All bills that were not passed will end upon the Legislature’s adjournment. He would therefore only discuss those bills that affect the Board or the electric industry that were passed during the 2026 session. Unless a bill had an emergency clause the bill would go into effect in three months after the Legislature adjourns.
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 public power districts. If a claim is found to be frivolous, in bad faith or primarily for harassment purposes, the political subdivision could ask for attorney’s fees and costs. This bill was passed 38-11 and included an emergency clause.
LB 1010—This bill was introduced by Senator Brandt. The bill authorizes private entities to build energy storage resources (ESRs) in Nebraska, but the ESR must sell the output to a public power utility through a power purchase agreement. An application for a privately-built ESR must be filed with the PRB. The bill incorporates a good deal of what is in PRB Guidance Document 14. If an ESR is associated with a privately developed renewable energy generation facility (PDREGF), the ESR is considered part of the PDREGF and not separate application to the PRB is required. If the ESR will be standalone, it must file an application and be approved by the Board. The private entity building an ESR must obtain written consent from the public power entity in whose retail service area the ESR will be located. Consent must also be obtained from the public power entity with which the ESR will interconnect at 100 kilovolts or higher. The Natural Resources Committee amended LB 1111 and LB 1064 into LB 1010. The Committee amendment removed the annual data center report to the PRB that was part of the original version of LB 1111. This bill passed 49-0 and will go into effect on July 18.
LB 1261 – This bill was introduced by Senator DeKay on behalf of the Governor. It would allow private entities to construct generation facilities to serve individual new loads greater than 1,000 megawatts. There are a number of restrictions, such as ensuring the new large customer pays all costs to upgrade the transmission system for its project. Eminent domain could not be used to acquire these facilities. While on Select File the Legislature adopted two amendments filed by Senator Conrad. One amendment requires the governing body of the public power entity involved to approve any waiver allowing the private entity to serve any other load other than the one large industrial load. The other amendment requires the public power entity’s governing body to approve the waiver of eminent domain for the private entity’s large generator. The bill was passed by a 33-16 margin on April 10. The bill did not have an emergency clause, so it will go into effect on July 18.
Executive Director Texel noted that the next meetings are May 15, June 26, and July 17, 2026.
Vice Chairwoman Gottschalk 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 – yes. The motion carried 4 – 0. The meeting adjourned at 9:32 a.m.
Timothy J. Texel
Executive Director and General Counsel
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