COLUMBUS, Neb. (AP) - A Platte County judge has ruled that the Nebraska Public Power District doesn’t have to release utility records showing how much it costs to generate electricity.
Private energy developer Gary Aksamit of Aksamit Resource Management filed a document in June 2016 asking judges in three counties to require their electric utilities to disclose costs of generating electricity. Aksamit’s lawyers argued in December that releasing those records would serve public purposes, the Omaha World-Herald (https://bit.ly/2lSKHIn ) reported.
Judge Robert Steinke ruled last week that the information release wouldn’t serve a public purpose and could give regional electric utilities an edge against the public power company, which buys and sells electricity as part of a regional power pool. The company had to prove both of those points to be legally exempt from the state’s public records law.
“The evidence offered at trial clearly demonstrates that (Aksamit and related concerns) desire to directly compete with NPPD,” the judge wrote.
Aksamit Resource Management Vice President Michael Matheson said Monday that there was still a public interest in releasing the records.
“There is no public oversight on public power in Nebraska with this ruling,” Matheson said. “Not only does public power get a monopoly and antitrust protection, but now they can shield their documents from the public who supposedly owns them.”
Utility spokesman Mark Becker said the public power company is “obviously pleased” by the decision.
“The court’s decision that (releasing cost information) would serve no public purpose is what NPPD has contended from the outset of this legal action,” Becker said.
Aksamit also asked for the Municipal Energy Agency of Nebraska in Lancaster County to hand over records, as well as Douglas County’s Omaha Public Power District.
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Information from: Omaha World-Herald, https://www.omaha.com
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