Neb. Rev. Stat. » Chapter 70
Nebraska Revised Statutes

Neb. Rev. Stat. § 70-1008 (2026)

Certified service areas; established; municipalities; newly annexed areas; acquisition of facilities and customers; procedure; waiver of right to acquire; joint planning

✓ current as of July 2026
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In the absence of an agreement between the suppliers affected and notwithstanding the provisions of subdivisions (1) to (5) of section 70-1007:

(1) Existing service areas presently designated by agreements and exhibits filed with and approved by the board, or previously ordered by the board, shall remain and be established as certified service areas.

(2) A municipally owned electric system, serving such municipality at retail, shall have the right, upon application to and approval by the board, to serve newly annexed areas of such municipality. Electric distribution facilities and customers of another supplier in such newly acquired certified service area may be acquired, in accordance with the procedure and criteria set forth in section 70-1010, within a period of one year and payment shall be made in respect to the value of any such facilities' customers or certified service area being transferred. The rights of a municipality to acquire such distribution facilities and customers within such newly annexed area shall be waived unless such acquisition and payment are made within one year of the date of annexation. If an application is made to the board within one year of the date of annexation for a determination of total economic impact as provided in section 70-1010, such right shall not be waived unless the municipality fails to make payment of the price determined by the board within one year of a final decision establishing such price. Notwithstanding other provisions of this section, the parties may extend the time for acquisition and payment by mutual written agreement.

(3) All retail power suppliers having adjoining certified service areas shall engage in joint planning with respect to customers, facilities, and services, taking into account the considerations specified in section 70-1007, including the possibility that an area may be annexed by a municipality within a reasonable period of time.

Notes of Decisions
Cited in 9 cases, 1966–2018 · leading case: City of Lincoln v. Norris Pub. Power Dist., 500 N.W.2d 183 (Neb. 1993).
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City of Lincoln v. Norris Pub. Power Dist., 500 N.W.2d 183 (Neb. 1993). · cites it 9× “In such case and in all cases where agreements have not been entered into, including cases arising under section 70-1008, the secretary shall give written notice to the parties involved citing them to appear at a time, not less than thirty days thereafter, and at a place…”
City of Lexington v. Dawson Cnty. Pub. Power Dist., 504 N.W.2d 532 (Neb. 1993). · cites it 4× “On January 22, 1990, Lexington, pursuant to Neb. Rev. Stat. § 70-1008 (Reissue 1990), filed an application with the Board to transfer newly annexed territory to its electric service area.”
Cornhusker Pub. Power Dist. v. City of Schuyler, 699 N.W.2d 352 (Neb. 2005). · cites it 3× “See Neb. Rev. Stat. § 70-1008 (Reissue 2003).”
City of Grand Island v. S. Nebraska Rural Pub. Power Dist., 527 N.W.2d 864 (Neb. 1995). · cites it 6× “Under § 70-1008, a municipality is authorized to acquire the electric distribution facilities and customers of any other supplier within an area annexed by the municipality.”
In re Application of City of Neligh, 299 Neb. 517 (Neb. 2018). · cites it 5× “Neb. Rev. Stat. § 70-1008 (2) (Reissue 2009) provides: A municipally owned electric system, serving such munic- ipality at retail, shall have the right, upon application to and approval by the board, to serve newly annexed areas of such municipality.”
City of Neligh v. Elkhorn Rural Pub. Power Dist. (In Re City of Neligh), 299 Neb. 517 (Neb. 2018). · cites it 5× “Neb. Rev. Stat. § 70-1008 (2) (Reissue 2009) provides: A municipally owned electric system, serving such municipality at retail, shall have the right, upon application to and approval by the board, to serve newly annexed areas of such municipality.”
Dawson Cnty. Pub. Power Dist. v. City of North Platte, 599 N.W.2d 218 (Neb. 1999). “At the date of annexation, North Platte was not obligated to become the power supplier for the annexed area, see § 70-1008(2), and North Platte did not com *558 mit to acquiring the service area until it filed its application with the PRB.”
City of Schuyler v. Cornhusker Pub. Power Dist., 150 N.W.2d 588 (Neb. 1967). · cites it 2× “Section 70-1008, R. R. S. 1943, provides: “In the absence of an agreement between the suppliers affected and notwithstanding the provisions of subdivisions (1) to (5) of section 70-1007: “(1) In the zoning area surrounding any municipality and outside the corporate limits…”
City of Gering v. Gering Valley Rural Pub. Power Dist., 142 N.W.2d 155 (Neb. 1966). “See §§ 70-1008 (1) and 70-1017, R. S. Supp, 1963.”
— Neb. Rev. Stat. § 70-1008(2) — 3 cases
Cornhusker Pub. Power Dist. v. City of Schuyler, 699 N.W.2d 352 (Neb. 2005). “See Neb. Rev. Stat. § 70-1008 (Reissue 2003).”
Dawson Cnty. Pub. Power Dist. v. City of North Platte, 599 N.W.2d 218 (Neb. 1999). “At the date of annexation, North Platte was not obligated to become the power supplier for the annexed area, see § 70-1008(2), and North Platte did not com *558 mit to acquiring the service area until it filed its application with the PRB.”
City of Grand Island v. S. Nebraska Rural Pub. Power Dist., 527 N.W.2d 864 (Neb. 1995). “Under § 70-1008, a municipality is authorized to acquire the electric distribution facilities and customers of any other supplier within an area annexed by the municipality.”
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