Nebraska Revised Statute 75-134
Commission order; requirements; when effective; rate order under State Natural Gas Regulation Act; appeal; stay enforcement.
(1) A commission order entered after a hearing shall be written and shall recite (a) a discussion of the facts of a basic or underlying nature, (b) the ultimate facts, and (c) the commission's reasoning or other authority relied upon by the commission.
(2) Every order of the commission shall become effective ten days after the date of the mailing of a copy of the order to the parties of record except (a) when the commission prescribes an alternate effective date, (b) as otherwise provided in section 75-121 or 75-139, (c) for cease and desist orders issued pursuant to section 75-133 which shall become effective on the date of entry, or (d) for orders entered pursuant to section 75-319 which shall become effective on the date of entry.
(3) Except as otherwise provided in this section or for rate orders provided for in section 75-139, any appeal of a commission order shall not stay enforcement of such order unless otherwise ordered by the commission or the Court of Appeals.
(4) Notwithstanding subsection (3) of this section, any appeal of a rate order under the State Natural Gas Regulation Act entered pursuant to section 66-1838 shall stay enforcement of such order pending resolution of the appeal.
- Laws 1963, c. 425, art. I, § 34, p. 1367;
- Laws 1967, c. 479, § 9, p. 1479;
- Laws 1976, LB 426, § 1;
- Laws 1991, LB 732, § 130;
- Laws 1994, LB 414, § 47;
- Laws 1995, LB 424, § 15;
- Laws 2000, LB 1285, § 3;
- Laws 2002, LB 1105, § 490;
- Laws 2002, LB 1211, § 9;
- Laws 2003, LB 187, § 19;
- Laws 2005, LB 247, § 2;
- Laws 2013, LB545, § 4.
- State Natural Gas Regulation Act, see section 66-1801.
The "reasoning" requirement of this section is satisfied by a Public Service Commission order containing a statement of underlying facts, ultimate facts, and findings where the issues involved are issues of fact. Hugelman v. A & A Trucking, Inc., 198 Neb. 628, 254 N.W.2d 412 (1977).
The filing of a motion for rehearing before the Public Service Commission is the commencement of an appeal proceeding, and where followed by overruling of the motion and filing of notice of appeal and appeal to Supreme Court the rate order is put in abeyance until a supersedeas bond is filed. Chicago & Northwestern Transp. Co. v. Nebco, Inc., 196 Neb. 490, 243 N.W.2d 779 (1976).
An order of Railway Commission which fails to make findings of ultimate facts will be set aside on appeal. Andrews Van Lines, Inc. v. Smith, 187 Neb. 533, 192 N.W.2d 406 (1971).