OPPD refusing anything beyond 3 years - Nebraska statute question

Started by Elisa L. — 3 years ago — 7 views
Working on a case with Omaha Public Power District where they've been incorrectly applying power factor penalties for 6 years. The overcharge is significant - about $85,000 total. OPPD is claiming they only go back 3 years maximum on any billing corrections, but Nebraska statute of limitations is 4 years for contract actions. Has anyone dealt with OPPD on older billing errors? They're being pretty rigid about the 3-year cutoff.
Elisa, I haven't worked with OPPD specifically but most public power utilities I've dealt with are more flexible than investor-owned utilities on statute issues. The 3-year limit sounds like internal policy rather than legal requirement. Have you tried escalating to their board or general manager? Public utilities are often more responsive to customer pressure since they're accountable to ratepayers.
Also worth checking if Nebraska has any specific statutes governing public power districts that might override general contract law. Some states have special provisions for municipal utilities that could work in your favor.