Nebraska Statutes 70-627.02. District; radioactive material and energy; powers; development; contracts; financing; indemnification; when
In addition to all other rights and powers which may be possessed by a public power district or public power and irrigation district under the petition for its creation and all amendments thereto and other statutes, any such district which has radioactive material available to it in association with facilities constructed in connection with the production of electrical energy shall have the power to: (1) Use, sell, lease, transport, dispose of, furnish, or make available, under contract or otherwise, to any person, firm, corporation, state, county, city, village, governmental subdivision or agency, the government of the United States or any officer, department, bureau or agency thereof, any corporation organized by federal law, or any body politic or corporate, any such radioactive material or the energy therefrom; (2) own, operate, construct, reconstruct, purchase, remove, lease, or otherwise acquire, improve, extend, manage, use, or operate such facilities or property, real or personal; or (3) engage in or transact business or enter into any kind of contract or arrangement with anyone for or incident to the exercise of any one or more of the powers of the district for any and every service involving, employing, or in any manner pertaining to the use of radioactive material or the energy therefrom or for the financing or payment of the cost and expense incident to the acquisition, construction, reconstruction, improvement, or operation of such facilities or property, real or personal, or incident to any obligation or indebtedness entered or incurred by any such district.
Terms Used In Nebraska Statutes 70-627.02
- Acquire: when used in connection with a grant of power or property right to any person shall include the purchase, grant, gift, devise, bequest, and obtaining by eminent domain. See Nebraska Statutes 49-801
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- United States: shall include territories, outlying possessions, and the District of Columbia. See Nebraska Statutes 49-801
A public power district or public power and irrigation district may indemnify a public or private entity for such entity’s own negligence, notwithstanding section 25-21,187, if the district enters into a contract with the public or private entity for the management or operation of a nuclear power plant that provides for compensation on an at-cost basis. This section does not authorize indemnification for any direct damages from the misconduct of such public or private entity engaged in management or operation of a nuclear power plant. The same limitations of liability and other protections available to a public power district or a public power and irrigation district under the Political Subdivisions Tort Claims Act shall apply to any public or private entity acting as an agent for a public power district or a public power and irrigation district pursuant to a contract for the management or operation of a nuclear power plant.