Nebraska Revised Statutes

Neb. Rev. Stat. § 57-1408 (2026)

Commission order; findings; extension of time; status reports; notice of completion; denial of application; amended application; commission; duties

✓ current as of July 2026

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(1) Within seven months after the receipt of the application under section 57-1405, the commission shall enter an order approving the application or denying the application. The commission shall include in the order the findings of the commission regarding the application and the reasons for approving or denying the application. The order approving the application shall state that the application is in the public interest and shall authorize the pipeline carrier to act under section 57-1101.

(2) The commission may, for just cause, extend the time for the entry of an order under subsection (1) of this section. The extension shall not exceed twelve months after the receipt of the application under section 57-1405 unless all parties agree to a longer extension, except that no extension shall extend more than eight months after the issuance of a presidential permit authorizing the construction of the major oil pipeline.

(3) If the commission approves the application, the pipeline carrier shall file a status report with the commission regarding the construction of the major oil pipeline every six months until the completion of the major oil pipeline within Nebraska. The pipeline carrier shall notify the commission of the completion of the major oil pipeline within Nebraska within thirty days after such completion.

(4) If the commission denies the application, the pipeline carrier may amend the denied application in accordance with the findings of the commission and submit the amended application within sixty days after the issuance of the order denying the application. Within sixty days after the receipt of the amended application, the commission shall enter an order approving or denying the amended application after making new findings under subsection (4) of section 57-1407.

Notes of Decisions

Cited in 2 cases, 2019–2019 · leading case: Transcanada Keystone Pipeline, LP v. Dunavan (In Re Application No. Op-0003), 303 Neb. 872 (Neb. 2019).

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Transcanada Keystone Pipeline, LP v. Dunavan (In Re Application No. Op-0003), 303 Neb. 872 (Neb. 2019). · cites it 6× “and the pipeline carrier has submitted a route for an oil pipeline within, through, or across Nebraska but the route is not approved by the Governor pursuant to section 57-1503, the pipeline carrier shall file an application with the [PSC] and receive approval pursuant to…”

In re Application No. OP-0003 -- (TransCanada), 303 Neb. 872 (Neb. 2019). · cites it 4× “As described above, under § 57-1503, a pipeline carrier may not seek the Governor’s approval of an application until after the DEQ has utilized State funds to prepare a SEIS and has submitted its evaluation to the Governor.”

— Neb. Rev. Stat. § 57-1408(2) — 2 cases

Transcanada Keystone Pipeline, LP v. Dunavan (In Re Application No. Op-0003), 303 Neb. 872 (Neb. 2019). “and the pipeline carrier has submitted a route for an oil pipeline within, through, or across Nebraska but the route is not approved by the Governor pursuant to section 57-1503, the pipeline carrier shall file an application with the [PSC] and receive approval pursuant to…”

In re Application No. OP-0003 -- (TransCanada), 303 Neb. 872 (Neb. 2019). “As described above, under § 57-1503, a pipeline carrier may not seek the Governor’s approval of an application until after the DEQ has utilized State funds to prepare a SEIS and has submitted its evaluation to the Governor.”

— Neb. Rev. Stat. § 57-1408(4) — 2 cases

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