002.01Authority to Construct: No person or company shall construct, or cause to be constructed, any line for the transmission of electric current in excess of fifteen thousand (15,000) volts, if the proposed line is within one-quarter (.25) mile of any existing electrical or communication line of any person or corporation, or signal line of any railroad, without filing an application with the Commission and having same granted, unless allowed under Section 002.06C of this chapter. If the proposed line is within five hundred feet (500') of an electrical or communication line of any person or corporation, or signal line of any railroad, and the voltage exceeds seven hundred (700) volts, application to construct the same shall also be made to the Commission, except that no application shall be required for any line not exceeding fifteen thousand (15,000)volts which does not exceed six hundred sixty feet (660') in length, and which is more than seventy-five feet (75') from any existing electrical or communication line of any person or corporation, or signal line of any railroad. The provisions of this section shall not apply to any line or lines within the limits of any incorporated city or village. Application shall be made to increase the voltage of an existing line if the proposed conversion meets the criteria stated for new construction as provided in this section. An application is necessary for any construction, alteration or modification to any overhead wire or cable, the height of which is greater than five feet (5') above the elevation of any airport, landing field or landing strip, which has been approved and licensed by the Department of Aeronautics, for each five hundred feet (500') of the distance that such construction is, or will be, situated from the nearest boundary of such airport.
002.02Application: One copy of the route map, designated as Exhibit A, and one copy of the engineering specifications, designated as Exhibit B, shall be attached to the application. The applicant shall file with the Commission two additional copies of Exhibits A and B along with the originals of all waivers obtained.
002.02A Exhibit A, Route Map: Exhibit A shall be drawn on a scale of not less than one inch (1") to the mile and show the counties, townships, ranges, and sections through which the proposed transmission lines are to be constructed, together with all cities and villages, if any, within one-quarter (.25) mile of the proposed transmission line. All existing electrical and communication lines or railroad signal lines within the respective distances described in Subsection 002.01 and their owners or operators shall be shown and designated by a clear and definite legend. The owner or operator shall be indicated by a number placed in a circle adjacent to the respective line, and the post office addresses of these utilities shall be included in the legend. All airports, landing fields, and landing strips, approved and licensed by the Department of Aeronautics at the time of application, shall be shown and the name of each owner or operator with the post office address included in the legend if the construction height is greater than five (5') feet above the elevation of such airports, landing fields, or landing strips for each five hundred feet (500') of the distance that such construction is, or will be situated, from the nearest boundary of such airports, landing fields, or landing strips. Exhibit A shall have an identification number or other identification insignia and shall also show the name and address of applicant and give such additional data as the application may require. It must show the length, phase, number of wires and voltage of each piece of line proposed to be constructed, which shall be drawn accurately to scale. The route map shall extend at least one-quarter (.25) mile beyond all proposed construction.002.02BExhibit B, Engineering Specifications; Overhead Construction: Exhibit B shall contain the following information: 002.02B1 Applicant's file number or specific designation.002.02B2 Identification number from Exhibit A.002.02B3 Name and address of the Applicant.002.02B4 A general description of the line applied for, including length, number of phases, number of wires (phase, ground and/or shield), voltage, location (county), system connection, grounding information, and a description of any double or underbuilt circuits.002.02B5Poles: Kind of material, pole height, treatment, strength, and number of structures per mile.002.02B6Anchors and Guys: Size, type and strength.002.02B7Cross Arms: Material, size and strength.002.02B8Pins and Brackets: Type, size strength.002.02B9Conductors: Size, material, breaking strength, arrangement, spacing and span lengths (both average and maximum). 002.02B10Insulators: Type, nominal voltage, dry flashover, material and number of units per string.002.02B11Special Construction: A description of any special types of construction used. 002.02B12 A general description of all lines to be removed.002.02B13 Conformity with state laws, the National Electrical Safety Code, and the rules and regulations of this Commission.002.02B14 Date, engineer and address. 002.02CExhibit B, Engineering Specifications; Underground Construction: Exhibit B shall contain the following information: 002.02C1 Applicant's file number or specific designation.002.02C2 Identification number from Exhibit A.002.02C3 Name and address of the Applicant.002.02C4 A general description of the line applied for, including length, number of phases, voltage, county and grounding information.002.02C5Conductors: Size, material and type.002.02C6Conductor Insulation: Thickness, type, material and voltage rating.002.02C7Cable Terminations: Size, type and voltage rating.002.02C8Miscellaneous: Cable depth, riser pole cable protection, fault protection and description of any special type of construction used.002.02C9 A general description of all lines to be removed. 002.02C10 Conformity with state laws, the National Electrical Safety Code, and the rules and regulations of this Commission.002.02C11 Date, engineer and address.002.03Filing Fee: Each application for authority to construct, operate and maintain an electric transmission line shall be accompanied by the applicable filing fee according to the schedule found in Chapter 1, Rules of Commission Procedure. Applications may be submitted for more than one line; however, the proper fee shall be assessed on a per line basis.
002.04Supplemental Application: If the line has not been built in its entirety in accordance with the Commission's authorization, a supplemental application should be made to the Commission covering any and all changes in routing of the line, voltage, and design. Any road side changes should also be included in the supplemental application since Commission authorizations are limited to a particular side of the road or section line. A filing fee per the schedule found in Chapter 1, Rules of Commission Procedure, is required for all supplemental applications.
002.05Delayed Application: A line extension carrying over seven hundred (700) volts, not to exceed one-half (.50) mile in length, may be built from an existing transmission line prior to obtaining approval of said extension by the Commission, if all owners or operators of electrical, communication, or railroad signal lines located within the appropriate distance and the Department of Aeronautics, if required, consent to such construction. Within thirty (30) days following the construction of such extension, an application shall be made for construction of such extension and shall be referred to as a delayed application. All provisions of law relating to transmission line applications, notices, hearings and orders shall apply to such delayed application. Neither the fact that the line extension has been built, nor the consent thereto given by owners or operators of other lines shall affect, in any way, the conclusion or authority of the Commission, or the rights of anyone to protest against the application. If it is finally determined that the application should be denied, the owner or operator shall remove the line extension. When filing a delayed application, the applicant shall include a completion notice and proper filing fee with the application.
002.06Notice and Hearing:002.06AHearing Not Required: Where agreements with the owners or operators of electrical, communication, or railroad signal lines existing within the respective distances described in Subsection 002.01 from the proposed construction, are filed with the Commission and the Commission finds that the application, Exhibit A, and Exhibit B attached thereto, conforms with the laws of Nebraska, and the regulations of the Commission, the application may be granted without a Commission hearing. Such consenting agreement shall be in writing, shall show the name and address of the utility involved, the name and address of the individual signing it, the date of its execution, and shall be filed by the applicant with the Commission.002.06BHearing Required: If a filed application does not meet the requirements of Subsection 002.06A, the Commission will notify, by mail, certified or registered, all owners or operators of existing lines named by applicant in Exhibit A and such other persons as the Commission shall designate to appear at a public hearing at a time and place to be fixed by the Commission for hearing such application. An appropriate order will be entered.002.06CApplication Not Required (60 Day Notice): Proposed construction, operation and maintenance of an electrical transmission line may be undertaken without application to the Commission pursuant to Section ' 75-720 R.R.S., 1943, if the company: 002.06C1 Gives notice of the proposed construction by certified mail to the Commission and all persons or corporations which own or operate electrical, communication, or railroad signal lines located within the respective distances described in Subsection 002.01; and,002.06C2 The notice provides the information required in Exhibits A and B outlined in Subsections 002.02A, 002.02B, and 002.02C, the physical configuration, length of parallel of and proposed separation from the lines of the noticed parties. 002.06C2a Such construction, operation and maintenance shall not begin until sixty (60) days from the date notice was received by all parties identified in Subsection 002.06C 1, unless signed agreements waiving rights to object are received. Copies of these agreements shall be filed with the Commission. If any airport, landing field or landing strip, which has been approved and licensed by the Department of Aeronautics, is within the distance described in Subsection 002.01 from the proposed construction, this method of filing may not be used.002.07Completion Notice: Any person, corporation, association, or company who, or which, has been authorized by the Commission to construct, operate and maintain an electric transmission line having a voltage of over seven hundred (700) volts shall file a completion notice with the Commission as soon as the proposed line is constructed and ready to be energized. A completion notice shall be in the form listed on the following page.
002.07ADelay In Construction: If an electric transmission line construction authorized by order of the Commission has not been entirely completed within twenty-four (24) months from the date of the order, and if the time for construction has not been extended by order of the Commission, the authorization for the portion of line not completed shall be cancelled forthwith. An application for an extension of time will be considered by the Commission upon a request from applicant showing good cause for such extension.291 Neb. Admin. Code, ch. 7, § 002