Nebraska Statutes 70-1904. C-BED project developer; electric supplier; negotiation; power purchase agreement; development of project; restriction on transfer; eligibility for net energy billing; approval or certification; notice of change in ownership
(1) A C-BED project developer and an electric supplier are authorized to negotiate in good faith mutually agreeable power purchase agreement terms.
Terms Used In Nebraska Statutes 70-1904
- 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
(2) A qualified owner or any combination of qualified owners may develop a C-BED project with an equity partner that is not a qualified owner.
(3) Except for an inherited interest, the transfer of the interest of a qualified owner in a C-BED project to any person other than another qualified owner or other qualified owners is prohibited during the initial ten years of the power purchase agreement.
(4) A C-BED project that is operating under a power purchase agreement is not eligible for any applicable net energy billing.
(5) A C-BED project shall be subject to approval by the Nebraska Power Review Board in accordance with Chapter 70, article 10, or shall receive certification as a qualifying facility in accordance with the federal Public Utility Regulatory Policies Act of 1978, 16 U.S.C. § 2601 et seq., with written notice of such certification provided to the Nebraska Power Review Board.
(6) A C-BED project developer shall notify any electric supplier that has a power purchase agreement with the C-BED project if there is a change in project ownership which makes the project no longer eligible as a C-BED project.