Private renewable energy facilities would follow added construction rules

Private renewable energy facility owners would submit notices and certifications before construction and seek the board’s compliance decision. This applies to privately developed renewable energy generation facilities seeking exemption from state approval and hearing rules. The owner would give written notice at least 30 days before construction begins. The owner would certify compliance with decommissioning, transmission, wildlife-protection, and other listed requirements. Facilities larger than 10 megawatts would require a public meeting where nearby property owners may comment. The owner would generally need a power purchase agreement with a public power district. The notices and certifications would be due at least 30 days before construction, and the board’s written acknowledgment would be issued within 10 days after receiving compliant materials.

Owners of certain facilities near military installations would certify that equipment contains no components made by a foreign adversary or meet specified grid-security requirements. This applies to privately developed renewable energy facilities within 10 miles of a military installation, including certain larger facilities connected to the transmission grid. An owner could use foreign-adversary equipment only with the board’s prior approval. The board would need to find that no reasonable alternative exists and that avoiding the equipment would cause greater harm to Nebraska or its residents. Some qualifying facilities could instead certify compliance with North American Electric Reliability Corporation security requirements. The notice or certification would be due at least 30 days before construction begins, with another notice required if the facility later stops meeting the applicable certification.

The board’s executive director could fine a private supplier $500 for starting construction less than 30 days before required notices and certifications. This applies to private suppliers building privately developed renewable energy facilities without making the required advance filings. The supplier would have 20 days after receiving notice to file the required materials and pay the fine. A supplier could request a board hearing within 20 days to dispute the violation. A timely hearing request would pause further enforcement until the board issues a decision or the request is withdrawn. If the supplier does not comply, it would have to stop construction or operation. The hearing would be held within 60 days after a timely request, and the board would issue a written decision within 60 days after the hearing ends.