66-1819. Nonregulated private enterprise; how treated.

(1) For purposes of this section, nonregulated private enterprise means: (a) The business of selling or otherwise providing any gas or electric household appliance; (b) the business of installing any gas or electric household appliance; or (c) the business of servicing any gas or electric household appliance under a contract providing for maintenance or repair of such appliance for a period of time specified by the contract.

(2) Each jurisdictional utility shall maintain, in accordance with generally accepted accounting principles, separate accounts for all nonregulated private enterprise engaged in by such utility. The accounting shall include both costs and revenue associated with such enterprise. Costs to be allocated to such separate accounts shall include materials, labor, insurance, transportation, and all other direct and indirect costs of engaging in the nonregulated private enterprise. Costs or revenue required to be allocated to such separate accounts shall not be included in any rate, toll, or charge for any utility service of the utility.

(3) Except as provided in subsection (4) of this section, the commission may at any time examine and audit the books, accounts, papers, records, and memoranda kept by a natural gas public utility in order to determine compliance with this section.

(4) No audit shall be conducted pursuant to this section more often than once every two years, but nothing in this subsection shall be construed to limit the authority of the commission pursuant to other provisions of the State Natural Gas Regulation Act to examine and audit, for any purpose, the books, accounts, papers, records, and memoranda kept by a natural gas public utility.

Source:Laws 2003, LB 790, ยง 19.