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LB 409

Change provisions relating to the membership of the Nebraska Power Review Board

109th Legislature (2025-2026) Introduced by John Cavanaugh and 1 co-sponsor

LB 409 adds a licensed journeyman electrician to the Nebraska Power Review Board after the first vacancy, changing its composition and ethics rules to include field experience.

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Bill Summary · LB 409

LB 409 Summary

Overview
- Bill number and title: LB 409 — Change provisions relating to the membership of the Nebraska Power Review Board
- Introduced: January 17, 2025 by Senator John Cavanaugh
- Committee: Natural Resources
- Status: Notice of hearing set for February 20, 2025
- Purpose: Modify the composition of the Nebraska Power Review Board to add a licensed journeyman electrician as a required class of member after the first vacancy occurs post‑enactment.

What the bill would do
- Board composition (current to amended)
- The board is an independent five-member body, with at least:
- One engineer
- One attorney
- Three additional members
- LB 409 changes the trigger for a five-member composition to include a licensed journeyman electrician after the first vacation or term expiration following the act’s effective date.
- The new required composition, after the first vacancy post‑effective date, would be:
- At least one engineer
- At least one attorney
- At least one licensed journeyman electrician (selected from a list recommended by the 501(c)(5) organization representing licensed journeymen electricians)
- Two additional persons
- Qualifications and ethics
- No more than one member may be a current or within four years prior a director/officer/employee of any electric utility or an elective state officer.
- Any board member who previously held such utility-related positions must refrain from participating in any proceeding involving that electric utility for a four-year period after leaving the position.
- Appointment and terms
- Members are appointed by the Governor with Legislative confirmation.
- Terms: four years each; no more than three consecutive terms.
- Vacancies are filled for the unexpired portion of the term; a person appointed to fill a vacancy may be reappointed for up to two additional terms.
- Political balance: no more than three members may be registered members of the Governor’s party.
- Compensation and expenses
- General pay: Members receive $100 per day for active service, up to a $7,000 annual cap.
- Designated Southwest Power Pool Regional State Committee member (the board’s Southwest representation) has higher pay: $250 per day, up to $35,000 annually, with specific rules on averaging and proxy scenarios.
- Travel expenses are reimbursed per statutory provisions; total annual pay related to Southwest Pool activities capped at $40,000.
- Governance and administration
- The board elects a chairperson and vice-chairperson from among its members.
- Decisions require a majority vote.
- The board may hire an executive director and additional staff as needed to carry out duties under Chapter 70, Article 10.
- The board may engage experts and consultants as necessary and is solely responsible to the board.

Required reports and duties
- The board must publish and submit a biennial report (with annual data) to the Governor and file copies with the Legislature’s Clerk and the Department of Environment and Energy.
- The report shall cover:
- Assessments, industry cost data, and number of suppliers assessed
- Projected and actual costs of generation, transmission, and related microwave applications
- System description, additions/retirements, and microwave facilities
- Statistical summaries of activities and expenditures; supplier roster and assessments
- Historical and projected electric supply/demand data, including capacity and peak load
- The board may hold public hearings on retail competition in Nebraska’s electricity market if it determines public interest is sufficient.

Potential impact
- Changes in board composition to include a licensed journeyman electrician aim to incorporate practical, field-based electrical experience into deliberations affecting Nebraska’s power review decisions.
- The ethical and conflict‑of‑interest provisions tighten ensure more diversified and independent decision-making, particularly in matters involving electric utilities.
- Recurring costs and governance requirements (per diem, travel, and staffing) are defined, guiding budget and administrative operations.

Timeline notes
- Effective date not specified in the excerpt; the new electrician seat triggers after the first vacancy occurring after enactment.
- Hearing date: February 20, 2025.

Compiled from official sources — confirm details with the bill’s official record.

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