NOTICE BEFORE THE STATE OF NEBRASKA POWER REVIEW BOARD IN THE MATTER OF THE SEWARD COUNTY PUBLIC POWER DISTRICT'S PETITION TO AMEND SECTIONS II AND VI OF ITS CHARTER. Notice is hereby given that on …

Posted

NOTICE BEFORE THE STATE OF NEBRASKA POWER REVIEW BOARD IN THE MATTER OF THE SEWARD COUNTY PUBLIC POWER DISTRICT'S PETITION TO AMEND SECTIONS II AND VI OF ITS CHARTER. Notice is hereby given that on January 28, 2014, the Seward County Public Power District (“Seward County PPD”) filed a petition with the Nebraska Power Review Board (“the Board”) seeking approval of proposed amendments to its Charter (sometimes referred to as its “Petition for Creation”). On November 18, 2013, the Seward County PPD’s Board of Directors voted unanimously to approve a resolution stating that the following amendments should be made to the District’s charter. For purposes of this Notice only, the proposed language to be added to the charter appears in underlined text; while overstrikes appear over the existing language to be removed from the charter (the new list of directors replaces the former list of directors in its entirety and is not underlined). The proposed changes to Sections II and VI of the Seward County PPD’s charter are as follows: “II. That the whole of the County of Seward, State of Nebraska, as described and bounded in Article 1, Section 25-184, Chapter 25, Compiled Statutes of Nebraska for 1929, shall constitute constituted the proposed original public power district, the boundary of which has been amended to include portions of Butler County, Nebraska and York County, Nebraska, which are now in the designated service territory of Seward County Public Power District, and to exclude portions of Seward County, Nebraska which are now in the designated service territories of Perennial Public Power District and Butler Public Power District. The current territory of the District is comprised of four subdivisions described in Paragraph VI and one-at large subdivision described in Paragraph VI. * * * VI. The Board of Directors of the District shall consist of five members, each of whom shall be a resident within, representative of and elected by the electors of one of the following subdivisions of the territory of the District: Subdivision 1, shall consist of Seward County Voting Precincts B (including the Village of Bee), G (excluding the City of Seward), and H (including the Village of Garland), and J, in Seward County, Nebraska; and, INCLUDING the following described real estate in Butler County, Nebraska: the South Half of the South Half of Sections 31, 32, 33, 34, 35 and 36, in Township 13, North, Range 4, East of the 6th P.M., Butler County, Nebraska. Subdivision 2, shall consist of Seward County Voting Precincts B, C (including the Village of Staplehurst), E (including the Village of Utica), and F. in Seward County, Nebraska; INCLUDING the following described real estate in Butler County, Nebraska: The South Half of the Southeast Quarter of Section 34, and the South half of the South Half of Section 35 and 36, all in Township 12, North, Range 3, East of the 6th P.M. Butler County, Nebraska; and the South Half of the South Half of Sections 31, 32, 33, 34, 35 and 36, in Township 13, North, Range 1, East of the 6th P.M., Butler County, Nebraska; and the South Half of the South Half of Section 31, Township 13, North, Range 2, East of the 6th P.M., Butler County, Nebraska; and INCLUDING the following described real estate in York County, Nebraska: Northeast Quarter of Section 1, Southeast Quarter of Section 25 and East Half of Section 36, Township 11, North, Range 1, West of the 6th P.M., York County, Nebraska; and the Southeast Quarter of Section 1, East Half of Section 12, South Half of the Southwest Quarter of Section 12, East Half of Section 14, all of Section 13, East Half of Section 23, All of Section 24, East Half of Section 26, All of Section 25, Northeast Quarter of Section 35, North Half of Section 36, Southeast Quarter of Section 36 in Township 12, North, Range 1 West of the 6th P.M., York County Nebraska; but EXCLUDING the North Half of Section 1, 2, 3, 4 and 5 in Township 12, North, Range 2, East of the 6th P.M., Seward County, Nebraska; and the Northwest Quarter of Section 3, and the North Half of Sections 4, 5 and 6 in Township 12, North, Range 3, East of the 6th P.M., Seward County, Nebraska; and the Northwest Quarter of Section 6, Township 12, North, Range 1, East of the 6th P.M., Seward County, Nebraska; and Northwest Quarter of Section 30, Southwest Quarter and North Half of Section 19, Northwest Quarter of Section 20, All of Section 18, West Half of Section 17, West Half of the West Half of Section 7, and the West Half of the Southwest Quarter of Section 6, Township 11, North, Range 1, East of the 6th P.M., Seward County, Nebraska; Subdivision 3, shall consist of Seward County Voting Precincts J, K (including the Village of Goehner), and M-Beaver Crossing including the Village of Beaver Crossing, and M-Cordova (including the Village of Cordova); INCLUDING the following described real estate in York County, Nebraska: The East Half of Sections 1, 12, 13, 24, 25, and the East Half of the Southeast Quarter and the Northeast Quarter of Section 36, Township 9, North, Range 1, West of the 6th P.M., York County, Nebraska; and the East Half of Sections 1, 12, 13, the Northeast Quarter of Section 24, East Half of Sections 25 and 36, all in Township 10, North, Range 1, West of the 6th P.M., York County, Nebraska; Subdivision 4, shall consist of Seward County Voting Precincts I (including the Village of Pleasant Dale), M Cordova (including the Village of Cordova) and O (excluding the City of Milford). Subdivision 5, shall consist of all Seward County Voting Precincts, except the City of Seward, and the City of Milford, but including the Village of Bee, Village of Garland, Village of Staplehurst, Village of Pleasant Dale, Village of Cordova, Village of Beaver Crossing, Village of Goehner, and Village of Utica real estate in Subdivisions 1, Subdivision 2, Subdivision 3 and Subdivision 4 set forth above. The names, addresses, subdivisions and expiration of the term of the office of the present directors are as follows: Name, Address, Subdivision, Term Expires: George L. Downing, 2477 Waverly Rd, Seward, NE 68434, 1 12/31/16; Fredrick H. Schluckebier, 1910 336th, Unit 20, Seward, NE 68434, 2, 12/21/14; Dennis W. Hentzen, 3115 Fletcher Rd, Seward, NE 68434, 3, 12/31/16; Thomas L. Sieck, 1856 Holdrege Rd, Pleasant Dale, NE 68423, 4, 2/31/14; William F. Hartmann, 1255 238th, Seward, NE 68434, 5, 12/31/18” Any interested person may file a written protest, complaint, or objection with the Power Review Board opposing the approval of the above-referenced proposed amendments. All protests, complaints, or objections must be received in the Board’s offices by the close of business on March 20, 2014, by mailing the document to: Nebraska Power Review Board, P.O. Box 94713, Lincoln, NE 68509-4713, or delivering the document to the Power Review Board’s offices located at 301 Centennial Mall South, 5th Floor, Lincoln, Nebraska. If the Board receives any protests, complaints, or objections on or before March 20, 2014, from a person residing in the Seward County Public Power District’s service area, or any other person or entity affected by the proposed amendment, the Board will hold a hearing, at which the person filing said protest, complaint, or objection may appear and contest the approval of the District’s proposed amendments. The Board hereby provides notice, pursuant to the Nebraska Administrative Procedure Act, that in the event of a contested hearing, if any party requests that the Board be bound by the formal rules of evidence, all costs of the hearing shall be paid by the party or parties against whom a final decision is rendered. Pursuant to the Board’s Rules of Practice and Procedure set out in Nebraska Administrative Code, Title 285, Chapter 3, section 29.04, if for some reason there is no final decision in which a party requested that the Board be bound by the formal rules of evidence, the costs of the hearing will be borne by the parties to the hearing in a proportionate share according to their respective contribution to the record, unless otherwise ordered by the Board. Individuals requiring special accommodations should contact the Board at the address below prior to the time of the hearing. Requests for additional information or questions should be directed to Tim Texel, Executive Director and General Counsel, Nebraska Power Review Board, at the above address or by calling (402) 471-2301. NEBRASKA POWER REVIEW BOARD Tim Texel, Executive Director SCI — February 12, 19, 26, 2014