Nebraska Statutes 75-139. Rate order; appeal;when effective; supersedeas bond; effect;applicability of section
(1) Except as otherwise provided in this section, the effective date of a rate order that is appealed shall be the first Monday following the date of the appellate court’s mandate if the order is affirmed, except that (a) a shipper may make effective a rate order reducing a fixed rate by filing a supersedeas bond with the commission sufficient in amount to insure refund of the difference between the rate appealed and the original rate to the carrier entitled thereto if the order appealed is reversed and (b) a common carrier may make effective a rate order increasing a fixed rate by filing a supersedeas bond with the commission sufficient in amount to insure refund of the difference between the rate finally approved and the rate appealed to shippers or subscribers entitled thereto if the order appealed is reversed.
Terms Used In Nebraska Statutes 75-139
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
- You are late making a payment or commit some other default, triggering an increase to a penalty rate
- The bank changes the terms of your account and you do not reject the change.
- The rate expires (if the rate was fixed for only a certain period of time).
- 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
(2) A supersedeas bond may be filed by any affected shipper or common carrier, including shippers or common carriers that were not parties to the rate proceeding, at any time prior to the issuance of the appellate court’s mandate. Only the shipper or common carrier filing a supersedeas bond shall benefit from such filing.
(3) The commission shall approve a supersedeas bond which meets the requirements of this section within seven days after a written request therefor has been made, and failure to disapprove the bond within the time specified shall be deemed to be an approval.
(4) A carrier may put into effect rate increases granted by a commission order while appealing that portion of the commission’s order denying a part of an application of the carrier.
(5) This section does not apply to rate orders under the State Natural Gas Regulation Act entered pursuant to section 66-1838.
Source
- Laws 1963, c. 425, art. I, § 39, p. 1369;
- Laws 1967, c. 479, § 14, p. 1481;
- Laws 1976, LB 426, § 2;
- Laws 1991, LB 732, § 135;
- Laws 2013, LB545, § 6.