70-1034.

Dispatchable electric generation facility; closure or decommissioning; notice; contents; hearing; recommendations; confidentiality.

(1) For purposes of this section, dispatchable electric generation facility means a facility that, under normal operating conditions, can increase or decrease its output on demand to provide electricity onto the electric power transmission grid on an ongoing basis.

(2)(a) If a public power district, a public power and irrigation district, an electric membership association, an electric cooperative company, a municipality having a generation and distribution system, or a registered group of municipalities decides that a dispatchable electric generation facility with a generation capacity in excess of one hundred megawatts owned by any such entity should be closed or decommissioned, such entity shall provide written notice to the Nebraska Power Review Board prior to a final decision to close or decommission such facility. Such written notice shall include recommendations on necessary transition activities to avoid economic harm to workers at such facility or to an affected community. Transition activities include, but are not necessarily limited to:

(i) Educating workers regarding the availability of various assistance programs, including what options are available to maintain employment with such entity;

(ii) Explaining what severance pay will be available to workers;

(iii) Services for workers including education and job training, career counseling, skills-matching, and financial planning assistance; and

(iv) Promoting economic development opportunities in the affected community, including the creation of comparable jobs.

(b) The board, in its discretion, may set a time and place for hearing on the matter and provide at least twenty days' prior notice to such entity. The hearing shall be held within sixty days after such notice unless such entity requests in writing that the hearing not be scheduled until a later time. Any such hearing shall be closed to the public due to the proprietary and commercial information discussed. If the board determines that no hearing is necessary, the board shall provide written notice of such determination to such entity within thirty days after receipt of the written notice described in subdivision (2)(a) of this section.

(3) Within sixty days after the hearing or the determination that no hearing is necessary as described in subsection (2) of this section, the board shall make recommendations in writing on the basis of the record before the board as to whether closing or decommissioning the dispatchable electric generation facility is in the best interests of the entity deciding to close or decommission the dispatchable electric generation facility and its customers. Such recommendations shall be advisory only. Such entity shall consider the board's recommendations before making its final decision regarding the closing or decommissioning of the electric generation facility.

(4) The notices, the scheduling decisions concerning the hearing and purpose of the hearing, the record of the hearing, the board's recommendations, and any response by the entity deciding to close or decommission the dispatchable electric generation facility shall all be treated as confidential records that are not subject to public disclosure pursuant to sections 84-712 to 84-712.09 until such time as such entity publicly announces any decision to close or decommission the dispatchable electric generation facility. Nothing in this subsection shall be construed to require public disclosure of any information that may be withheld as provided in section 70-673 or 84-712.05.

(5) This section shall not apply to any decision by a public power district, a public power and irrigation district, an electric membership association, an electric cooperative company, a municipality having a generation and distribution system, or a registered group of municipalities to close or decommission a dispatchable electric generation facility made prior to April 16, 2024.