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Panel backs technical fix so renewable projects meet NERC critical-infrastructure rules upon commercial operation
Summary
LB 35 would adjust state phrasing to allow renewable developers to demonstrate compliance with North American Electric Reliability Corporation (NERC) critical infrastructure protection requirements when a facility reaches commercial operation, not before construction.
Senator Tom Brandt (R-32) told the Natural Resources Committee that LB 35 is a technical change intended to make state requirements consistent with the practical timing for compliance with North American Electric Reliability Corporation (NERC) Critical Infrastructure Protection (CIP) standards.
"These requirements are technically unattainable for developers prior to construction as full compliance can only be demonstrated once the project is operational," Brandt said, and the bill would clarify that developers may meet NERC CIP requirements at the appropriate time: when the facility reaches commercial operation.
Eric Gerrard, a registered lobbyist for the Advanced Power Alliance, supported the bill and described it as a narrow, technical fix that emerged after developers raised the issue. "I think you'll see that change on page 3, line 25," Gerrard said, noting the change simply aligns statutory language with operational reality.
No opponents spoke at the hearing and committee discussion did not raise substantive objections. For the record, the committee chair reported two proponents and no opponents registered online.
No formal action or vote occurred during the hearing; sponsors described LB 35 as a clarification to ease compliance timing for renewable energy developers, without changing the underlying security standard.
