In re App. No. P-12.32 of Black Hills Neb. Gas , 311 Neb. 813 ( 2022 )


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    Nebraska Supreme Court Advance Sheets
    311 Nebraska Reports
    IN RE APP. NO. P-12.32 OF BLACK HILLS NEB. GAS
    Cite as 
    311 Neb. 813
    In re Application No. P-12.32 of Black
    Hills Nebraska Gas, LLC.
    Metropolitan Utilities Disrict, appellant, v.
    Black Hills Nebraska Gas, LLC,
    et al., appellees.
    ___ N.W.2d ___
    Filed June 17, 2022.    No. S-21-620.
    1. Public Service Commission: Appeal and Error. Under 
    Neb. Rev. Stat. § 75-136
    (2) (Reissue 2018), an appellate court reviews an order of the
    Public Service Commission de novo on the record. In a review de novo
    on the record, an appellate court reappraises the evidence as presented
    by the record and reaches its own independent conclusions concerning
    the matters at issue.
    2. Administrative Law: Appeal and Error. When an appellate court
    makes a de novo review, it does not mean that the court ignores the
    findings of fact made by the agency and the fact that the agency saw and
    heard the witnesses who appeared at its hearing.
    3. ____: ____. Where the evidence is in conflict, an appellate court will
    consider and may give weight to the fact that the agency hearing exam-
    iner observed the witnesses and accepted one version of the facts rather
    than another.
    4. Administrative Law: Statutes: Appeal and Error. The meaning and
    interpretation of statutes and regulations are questions of law for which
    an appellate court has an obligation to reach an independent conclusion
    irrespective of the decision made by the court below.
    5. Public Service Commission: Time: Presumptions. The determina-
    tion of the public interest with regard to a specific application to the
    Public Service Commission pursuant to 
    Neb. Rev. Stat. § 66-1863
    (Reissue 2018) is based on the conditions presented by the application
    and relates directly to the time and conditions presented, and it does
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    not amount to an adjudication for the future. Therefore, the conclusive
    presumption under § 66-1863(3) is conclusive as to the determination
    of the public interest based on the time and conditions presented by
    the specific application, and it does not constitute a permanent deter-
    mination or a conclusive presumption as to an application that may be
    presented to the Public Service Commission under different conditions
    in the future.
    Appeal from the Public Service Commission. Affirmed.
    Mark A. Fahleson, Andrew S. Pollock, and Jennifer L.
    Ralph, of Rembolt Ludtke, L.L.P., and Mark Mendenhall and
    Marc Willis, of Metropolitan Utilities District, for appellant.
    Trenten P. Bausch and Megan S. Wright, of Cline, Williams,
    Wright, Johnson & Oldfather, L.L.P., and Douglas J. Law,
    Associate General Counsel, Black Hills Energy, for appellee
    Black Hills Nebraska Gas, L.L.C.
    Douglas J. Peterson, Attorney General, and L. Jay Bartel, for
    appellee Nebraska Public Service Commission.
    Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke,
    and Freudenberg, JJ., and Dougherty, District Judge.
    Miller-Lerman, J.
    NATURE OF CASE
    Metropolitan Utilities District (MUD) appeals the order of
    the Public Service Commission (PSC) which approved the
    application of Black Hills Nebraska Gas, LLC, doing business
    as Black Hills Energy (Black Hills), seeking an enlargement or
    extension of its natural gas mains in Sarpy County, Nebraska.
    MUD generally argues that the application was contrary to a
    2010 order which it asserts conclusively established that it was
    in the public interest for MUD to provide natural gas service
    to the area that was the subject of Black Hills’ application. We
    affirm the PSC’s order.
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    IN RE APP. NO. P-12.32 OF BLACK HILLS NEB. GAS
    Cite as 
    311 Neb. 813
    STATEMENT OF FACTS
    Black Hills’ Application.
    On February 23, 2021, Black Hills filed an application with
    the PSC pursuant to 
    Neb. Rev. Stat. § 66-1863
     (Reissue 2018)
    in which it sought a determination that Black Hills’ proposed
    extension of its natural gas mains to provide service to a site
    in Sarpy County was in the public interest. The application
    was designated by the PSC as “Application No. P-12.32.”
    Black Hills asserted that it would be providing service to
    Omaha Public Power District (OPPD) at a site in the area
    of 168th Street and Fairview Road in Sarpy County and that
    OPPD planned to build new generation facilities at the site.
    The approval of Application No. P-12.32 is the subject of
    this appeal.
    Black Hills asserted in the application that the site at issue
    was within the extraterritorial zoning jurisdiction of Papillion,
    Nebraska, and that Black Hills served Papillion and its extra-
    territorial jurisdiction under a current and valid natural gas
    franchise. Black Hills noted that there had been litigation
    between Papillion and Springfield, Nebraska, and that follow-
    ing such litigation, the two cites had agreed that the site at
    which OPPD planned to build its facilities would be within the
    boundaries of Papillion and not within Springfield. Black Hills
    asserted that because the site was within Papillion’s extraterri-
    torial jurisdiction, under 
    Neb. Rev. Stat. § 66-1861
    (2) (Reissue
    2018), there was a rebuttable presumption that it was in the
    public interest for Black Hills to provide service to the area.
    Black Hills also stated that MUD did not possess a current and
    valid franchise to serve areas within Papillion and that pursu-
    ant to 
    Neb. Rev. Stat. § 66-1858
     (Reissue 2018), MUD could
    not solicit a franchise from Papillion.
    Black Hills asserted in Application No. P-12.32 that the
    facilities to be built by OPPD would “support growth in
    the region while ensuring high reliability of electric gen-
    eration” and that the facilities would require a high volume of
    natural gas which would require installation of a new main.
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    Black Hills stated its preferred route for a new main would
    be almost entirely within the extraterritorial jurisdiction of
    Papillion and that the small portion that was not located within
    such jurisdiction was not presently located within the zoning
    jurisdiction of any community. Black Hills provided a map
    depicting known existing infrastructure in the area of OPPD’s
    proposed site, and it stated that it was not aware of any MUD
    mains within a quarter mile of the proposed service area.
    Black Hills finally asserted that extension of its gas distri-
    bution system into the site at issue would “contribute to the
    orderly development of natural gas utility infrastructure,” and
    it noted that as Papillion expanded into its extraterritorial zon-
    ing jurisdiction, Black Hills would be the service provider to
    customers in those areas. Black Hills therefore requested an
    order from the PSC determining that the proposed extension by
    Black Hills was in the public interest.
    MUD’s Protest.
    On March 3, 2021, MUD filed a protest and motion to
    dismiss Black Hills’ Application No. P-12.32. MUD gener-
    ally asserted that the site of Black Hills’ extension was within
    MUD’s service area as established by a 2010 order of the
    PSC and that the proposed extension by Black Hills would be
    duplicative of MUD’s planned extension into the area. MUD
    asserted that the 2010 order established a conclusive presump-
    tion that MUD’s extension into the area was in the public inter-
    est and that presumption could not be overcome by additional
    evidence or argument. MUD therefore requested that the PSC
    “summarily dismiss and deny Black Hills’s [a]pplication, as a
    matter of law.”
    MUD asserted that in 2010, Black Hills and MUD had filed
    a joint application with the PSC, setting forth their plans to
    extend and enlarge their respective service areas. MUD further
    asserted that no objections were filed to the joint applica-
    tion in 2010 and that therefore, pursuant to § 68-1863(3), the
    application was “conclusively presumed to be in the public
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    interest” and the two utilities were therefore allowed to pro-
    ceed with their plans without further action by the PSC.
    The joint application of Black Hills and MUD, upon which
    MUD relies, was filed with the PSC on April 19, 2010, and
    was designated by the PSC as “Application No. P-0014.” In
    the application, Black Hills and MUD provided a map showing
    areas within Sarpy County into which each intended to extend
    or enlarge its respective service area. Black Hills and MUD
    stated in the application that they stipulated and agreed that
    such extensions or enlargements satisfied relevant statutory
    requirements. They further asserted that they had discussed
    the matter with representatives of Sarpy County and of cities
    within the county, including Papillion and Springfield, and that
    the application had received the support of those governmental
    entities. They also attached to the application an exhibit set-
    ting forth applicable conditions and providing that, except for
    certain stated exceptions, neither Black Hills nor MUD would
    maintain gas facilities within the other’s service area as shown
    in the map. One of the exceptions was when “[t]he parties
    determine by agreement that it is more practical and efficient
    for one party to provide gas service to a customer or customers
    within the other party’s area of service.”
    On May 12, 2010, the PSC filed an order regarding
    Application No. P-0014 in which it stated that it had sent
    required notices and posted notice of the joint application filed
    by Black Hills and MUD on April 19 and that such notices
    stated that protests or formal interventions must be filed on or
    before May 11. In the May 12 order, the PSC stated that no
    protests or petitions for intervention had been filed and that
    therefore, pursuant to § 66-1863(3), “the proposed enlarge-
    ment or extension is presumed to be in the public interest and
    Applicants may proceed with the extension or enlargement
    without further [PSC] action.” The PSC therefore ordered that
    the docket in Application No. P-0014 be closed without fur-
    ther action.
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    In its protest to Application No. P-12.32, MUD asserted
    that the proposed OPPD site at issue in Black Hills’ current
    application was within MUD’s service area established by
    Application No. P-0014 in 2010 and that MUD was planning
    to extend serv­ice to the site. MUD asserted that in Application
    No. P-0014, Black Hills had agreed that MUD’s extension of
    service to the area was in the public interest and that the PSC’s
    order in Application No. P-0014 recognized the conclusive pre-
    sumption that MUD’s extension of service to the area was in
    the public interest. MUD further asserted that Black Hills’ plan
    to extend service to the site would be duplicative of MUD’s
    planned extension and that therefore, Black Hills’ extension
    would not be in the public interest.
    In sum, MUD denied that Black Hills’ extension of service
    proposed in Application No. P-12.32 was in the public interest
    or that it would contribute to the orderly development of natu-
    ral gas utility infrastructure. MUD therefore requested that the
    PSC summarily dismiss and deny Black Hills’ application.
    Hearing Before PSC.
    The PSC held a hearing on Black Hills’ Application
    No. P-12.32 and MUD’s objection thereto on June 9, 2021. At
    the hearing, exhibits offered by Black Hills and by MUD, as
    well as by the PSC, were entered into the record. Both Black
    Hills and MUD presented testimony by their respective wit-
    nesses in the form variously of prefiled direct testimony, live
    testimony, and cross-examination.
    Among other evidence and testimony, Black Hills presented
    testimony by Kevin Jarosz, Black Hills’ vice president of oper-
    ations. Jarosz provided general background regarding Black
    Hills’ history, its franchise with Papillion, and Black Hills’ plan
    to extend service to the site of the planned OPPD facility. He
    generally testified regarding how the proposed extension would
    improve the financial profile of Black Hills and would benefit
    its ratepayers.
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    Jarosz also testified regarding his involvement with
    Application No. P-0014 in 2010. Jarosz stated, inter alia, that
    the joint application was filed in an attempt to resolve ongoing
    service area disputes between Black Hills and MUD. He stated
    that the parties had determined as a general matter that MUD
    would serve Springfield and its future growth and that Black
    Hills would serve the rest of Sarpy County. Jarosz testified that
    in 2010, the parties were attempting to estimate how the cities
    would grow in the future and that the parties knew at that time
    there would be occasions in the future where they may need to
    adjust the service area lines because of changed circumstances.
    Jarosz also testified that pursuant to the resolution of a dispute
    between Springfield and Papillion regarding boundary issues,
    the area at issue in the present application was determined to
    be in the extraterritorial jurisdiction of Papillion serviced by
    Black Hills rather than that of Springfield. Jarosz further testi-
    fied regarding extensions made by both Black Hills and MUD
    since 2010 that were made following agreement between the
    two utilities.
    MUD presented evidence, including the application filed and
    the order entered in 2010 regarding Application No. P-0014.
    MUD highlighted portions of the map included in that applica-
    tion which indicated that the site at issue in Black Hills’ cur-
    rent application was in MUD’s service area at the time of the
    2010 application.
    MUD also presented testimony by Jim Knight, MUD’s vice
    president of gas operations. Knight testified, inter alia, that
    the site at issue in the present application was within MUD’s
    service area pursuant to Application No. P-0014. He testified
    that since 2010, Black Hills and MUD had followed their
    agreement with rare exception, and that MUD had relied on
    the service area maps throughout that time. Knight testified
    that if Black Hills’ application was denied, MUD would pro-
    vide service to the OPPD site, and that it would not need to
    seek approval to do so because the site was already within its
    service area pursuant to Application No. P-0014. He testified
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    that service to the area would be provided by extending a
    pipeline through territory that was not currently in Black
    Hills’ service area and that it would not be duplicative infra-
    structure. Knight also testified that if MUD were to provide
    service at the site, it would be of financial benefit to MUD
    and its ratepayers.
    PSC Order on Application No. P-12.32.
    After the hearing, on June 29, 2021, the PSC filed an order
    in which it approved Black Hills’ Application No. P-12.32. At
    the beginning of its analysis, the PSC stated that because the
    site at issue was within Papillion’s extraterritorial jurisdiction
    and because Black Hills held a franchise with Papillion, under
    § 66-1861(2), there was a rebuttable presumption that it was
    in the public interest for Black Hills to provide service to the
    area. The PSC further stated that because of the rebuttable
    presumption, MUD had the burden of proof to show that Black
    Hills’ application was not in the public interest.
    Reviewing the evidence presented at the hearing, the PSC
    stated that Black Hills had presented evidence to support
    each of the five statutory factors listed in 
    Neb. Rev. Stat. § 66-1860
     (Reissue 2018) to show that its proposal was in
    the public interest. In contrast, the PSC stated that MUD had
    presented “minimal evidence” to dispute that the factors were
    met. Instead, the PSC stated, MUD’s argument was narrowly
    focused on the 2010 order in Application No. P-0014 and
    MUD’s contention that any consideration of the public inter-
    est in the current application was foreclosed by the 2010 order
    and the conclusive presumption under § 66-1863(3). The PSC
    rejected MUD’s argument and stated that although there was
    a conclusive presumption as to Application No. P-0014, the
    presumption did not apply to Application No. P-12.32 which
    was a separate and distinct application. The PSC stated that
    Application No. P-0014 was closed on May 12, 2010, and that
    Application No. P-12.32 was a new application for which new
    evidence could be adduced.
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    The PSC further rejected MUD’s argument that the PSC’s
    approval of Application No. P-12.32 would amount to a revo-
    cation of its order in Application No. P-0014. The PSC stated
    that the action requested by Black Hills was not to revoke the
    previous order, but instead was to expand or enlarge its serv­
    ice area. The PSC stated it was required to consider the pres-
    ent application based on “current public interest needs” and
    that it was not “bound to inflexible limits of past practice.”
    The PSC stated it would be a “curious state of affairs” if it
    “could never revise any of its previous findings to better serve
    the current public interest.” The PSC stated that its determina-
    tion of the current public interest with regard to Application
    No. P-12.32 would not revoke its order on Application No.
    P-0014 and that the conclusions regarding “what was in the
    public interest in 2010 remain untouched.” The PSC stated
    that its task with regard to the current application was to
    “decide what is in the public interest when Black Hills and
    MUD are unable to reach an agreement as to their respective
    service territories.”
    The PSC then reviewed the evidence submitted in this mat-
    ter, and it found that MUD had not met its burden of proof to
    overcome the rebuttable presumption in favor of Black Hills.
    The PSC stated that Black Hills had presented evidence on
    each of the factors under § 66-1860, and it found that “none
    of the factors set out [therein] weigh against Black Hills.”
    The PSC noted MUD’s argument that granting the application
    could disrupt the orderly development of natural gas infra-
    structure as set forth in the maps in Application No. P-0014.
    The PSC found, however, that the maps filed in 2010 were
    no longer accurate because of significant changes that had
    been made without notice to the PSC. The PSC also stated
    that it was “unclear to what extent the parties themselves
    relied on these maps in the past eleven years.” The PSC stated
    that ruling on the current application based on “inaccurate,
    outdated maps” would subvert its responsibility to deter-
    mine the current public interest and would not contribute to
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    the orderly development of the natural gas infrastructure in
    Sarpy County.
    One commissioner dissented and generally reasoned that the
    order in Application No. P-0014 was controlling and should be
    respected in the interest of finality. The commissioner noted
    that since 2010, both Black Hills and MUD had made exten-
    sions and enlargements based on the conclusive presumption
    that such actions were in the public interest based on the 2010
    order. The commissioner reasoned that because the order in
    Application No. P-0014 was final, the PSC should not have
    engaged in a new analysis of public interest and no rebuttable
    presumption in favor of Black Hills applied. The commissioner
    further reasoned that even if the PSC could revoke the 2010
    order, it should not do so because MUD was willing and able
    to provide service to the area at issue, and that therefore, it was
    not in the public interest to allow Black Hills to provide service
    to the area. However, the majority of commissioners concluded
    that the application was in the public interest, and the PSC
    therefore approved Application No. P-12.32.
    MUD appeals the PSC’s order approving Black Hills’
    application.
    ASSIGNMENTS OF ERROR
    MUD generally claims that the PSC erred when it approved
    Black Hills’ Application No. P-12.32. MUD specifically claims,
    restated and renumbered, that the PSC erred when it (1) found
    it had authority to determine what was in the public interest in
    this case; (2) generally disregarded its May 12, 2010, order on
    Application No. P-0014 and in particular disregarded (a) the
    conclusive presumption under § 66-1863(3) that Application
    No. P-0014 and the service areas set forth therein were in
    the public interest, (b) provisions of Application No. P-0014
    describing what was to happen in the event Black Hills and
    MUD could not reach agreement on service areas, and (c)
    the extent Black Hills and MUD had relied on the maps set
    forth in the approved Application No. P-0014; and (3) found
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    that MUD did not overcome the rebuttable presumption under
    § 66-1861(2) that Black Hills’ Application No. P-12.32 was in
    the public interest.
    STANDARDS OF REVIEW
    [1-3] Under 
    Neb. Rev. Stat. § 75-136
    (2) (Reissue 2018),
    an appellate court reviews an order of the PSC de novo on
    the record. In a review de novo on the record, an appellate
    court reappraises the evidence as presented by the record and
    reaches its own independent conclusions concerning the mat-
    ters at issue. In re Application No. OP-0003, 
    303 Neb. 872
    ,
    
    932 N.W.2d 653
     (2019). When an appellate court makes a de
    novo review, it does not mean that the court ignores the find-
    ings of fact made by the agency and the fact that the agency
    saw and heard the witnesses who appeared at its hearing. 
    Id.
    Where the evidence is in conflict, an appellate court will con-
    sider and may give weight to the fact that the agency hearing
    examiner observed the witnesses and accepted one version of
    the facts rather than another. 
    Id.
    [4] The meaning and interpretation of statutes and regula-
    tions are questions of law for which an appellate court has an
    obligation to reach an independent conclusion irrespective of
    the decision made by the court below. 
    Id.
    ANALYSIS
    MUD generally claims that the PSC erred when it approved
    Black Hills’ Application No. P-12.32, and it sets forth vari-
    ous respects in which it asserts the PSC erred in reaching its
    decision to approve the application. MUD’s claims of specific
    error focus on the PSC’s May 12, 2010, order on Application
    No. P-0014 and the effect of that prior order on the current
    proceedings. MUD asserts, inter alia, that because of the
    prior order, the PSC did not have authority in this case to
    determine whether Black Hills’ current application was in the
    public interest. We therefore begin by reviewing the PSC’s
    statutory authority with respect to the current proceedings and
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    then address MUD’s specific arguments regarding the effect
    of the order in Application No. P-0014 and the other evidence
    submitted with respect to Application No. P-12.32
    PSC Had Statutory Authority to Determine
    Whether Black Hills’ Application
    Was in the Public Interest.
    The proceedings in this case are generally governed by
    relevant provisions of the State Natural Gas Regulation Act,
    
    Neb. Rev. Stat. §§ 68-1801
     through 68-1868 (Reissue 2018),
    specifically §§ 68-1858 through 68-1864, regarding enlarge-
    ment or extension of service areas of metropolitan utilities
    districts and of jurisdictional utilities that operate in the same
    county. In the present case, it appears undisputed that MUD
    is a metropolitan utilities district and Black Hills is a jurisdic-
    tional utility and that both operate in Sarpy County. Also, it
    appears undisputed that Black Hills has a natural gas franchise
    with Papillion.
    Of particular relevance in this case are the following stat-
    utes: § 68-1863, which sets forth when a proposed enlargement
    or extension of a service area is required to be submitted to the
    PSC for review and which provides that, under certain circum-
    stances, a proposed enlargement or extension will be conclu-
    sively presumed to be in the public interest; § 6-1861, which
    provides for a rebuttable presumption that certain enlargements
    or extensions are in the public interest; and § 66-1860, which
    sets forth factors for the PSC to consider when determining
    whether an enlargement or extension is in the public interest.
    Section 66-1863 provides in relevant part:
    (1) Except as provided in subsections (2) and (3)
    of this section, no jurisdictional utility or metropolitan
    utilities district proposing to extend or enlarge its natu-
    ral gas service area or extend or enlarge its natural gas
    mains or natural gas services after July 14, 2006, shall
    undertake or pursue such extension or enlargement until
    the proposal has been submitted to the [PSC] for its
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    determination that the proposed extension or enlargement
    is in the public interest. . . . In making a determination
    whether a proposed extension or enlargement is in the
    public interest, the [PSC] shall consider the factors set
    forth in sections 66-1860 and 66-1861. . . .
    ....
    (3) If no person or entity has filed with the [PSC] a
    protest alleging that the proposed extension or enlarge-
    ment is not in the public interest within fifteen business
    days after the date upon which the application was made
    public, the enlargement or extension shall be conclusively
    presumed to be in the public interest and the jurisdic-
    tional utility or metropolitan utilities district may pro-
    ceed with the extension or enlargement without further
    [PSC] action.
    Section 66-1861 provides in relevant part:
    In determining whether an enlargement or extension of
    a natural gas service area, natural gas mains, or natural
    gas services is in the public interest pursuant to sec-
    tion 66-1860, the following shall constitute rebuttable
    presumptions:
    ....
    (2) Any enlargement or extension by a jurisdictional
    utility within a city other than a city of the metropolitan
    class in which it serves natural gas on a franchise basis
    or its extraterritorial zoning jurisdiction is in the pub-
    lic interest[.]
    Section 66-1860 provides in relevant part:
    No jurisdictional utility or metropolitan utilities dis-
    trict may extend or enlarge its natural gas service area
    or extend or enlarge its natural gas mains or natural gas
    serv­ices unless it is in the public interest to do so. In
    determining whether or not an extension or enlargement
    is in the public interest, the district or the utility shall
    consider the following:
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    (1) The economic feasibility of the extension or
    enlargement;
    (2) The impact the enlargement will have on the exist-
    ing and future natural gas ratepayers of the metropolitan
    utilities district or the jurisdictional utility;
    (3) Whether the extension or enlargement contrib-
    utes to the orderly development of natural gas utility
    infrastructure;
    (4) Whether the extension or enlargement will result
    in duplicative or redundant natural gas utility infrastruc-
    ture; and
    (5) Whether the extension or enlargement is applied in
    a nondiscriminatory manner.
    Applying these statutes, the proceedings in this case were
    initiated because, in the ordinary course, Black Hills was
    required under § 66-1863(1) to submit to the PSC its proposal
    for extension or enlargement of its service area so that the PSC
    could determine whether the proposed extension or enlarge-
    ment was in the public interest. Because MUD protested the
    application, Black Hills could not rely on § 66-1863(3) and
    “proceed with the extension or enlargement without further
    commission action” on the basis that its application was “con-
    clusively presumed to be in the public interest.” Instead, the
    PSC was required to determine whether the proposed exten-
    sion or enlargement was in the public interest. But under
    § 66-1861(2), there was a rebuttable presumption that the
    enlargement or extension proposed by Black Hills was in
    the public interest because Black Hills was a jurisdictional
    utility which served Papillion on a franchise basis and the
    proposed service area was within Papillion’s extraterritorial
    zoning jurisdiction.
    Therefore, pursuant to these statutes, the PSC had author-
    ity to determine whether Application No. P-12.32 was in the
    public interest. We address below MUD’s argument that the
    PSC’s order on Application No. P-0014 precluded the PSC
    from exercising that authority with respect to Application
    No. P-12.32.
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    PSC Order in Application No. P-0014 Did
    Not Preclude PSC From Determining
    Public Interest With Respect to
    Application No. P-12.32.
    MUD’s protest and its arguments on appeal focus mainly on
    the relevance of the PSC’s order on Application No. P-0014 in
    2010. Because no protest was filed against that application, the
    PSC’s order stated that it was “‘conclusively presumed’” under
    § 66-1863(3) that the application was in the public interest and
    that no further action was required of the PSC. MUD claims
    that the entry of the order in Application No. P-0014 and the
    conclusive presumption under § 66-1863(3) preclude the PSC
    from determining whether the current application by Black
    Hills in Application No. P-12.32 is in the public interest. MUD
    further argues that even if the conclusive presumption does not
    preclude the PSC’s consideration of public interest with respect
    to the current application, the PSC disregarded the terms of
    Application No. P-0014 and the course of dealings between
    Black Hills and MUD since the entry of the PSC’s order in
    2010. We reject these arguments.
    First, MUD argues that the operation of the conclusive
    presumption under § 66-1863(3) is such that the presumption
    applies to a subsequent application that is at odds with the
    earlier application and that the conclusive presumption cannot
    be overcome with evidence of current conditions at the time of
    the subsequent application. MUD therefore asserts that because
    in Application No. P-12.32 Black Hills proposes an extension
    of its service area into an area that was previously assigned to
    MUD in Application No. P-0014, the conclusive presumption
    precludes Black Hills from showing that its current application
    is in the public interest.
    In this regard, MUD relies on, inter alia, Nebraska P. P.
    Dist. v. Huebner, 
    202 Neb. 587
    , 
    276 N.W.2d 228
     (1979), in
    which this court determined that once an order entered by
    the PSC approving an application became final, it could not
    thereafter be revoked. This court reasoned in that case that
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    “[t]here must be some finality to judgments and persons must
    be able to rely at some point in time upon the action of an
    administrative body.” Id. at 594, 
    276 N.W.2d at 232
    . MUD
    argues that the order on Application No. P-0014 conclusively
    determined that it was in the public interest for the site at issue
    in this case to be in MUD’s service area and that the PSC
    effectively revoked that order when it determined that Black
    Hills’ application to extend its service area to the site was in
    the public interest.
    In response, Black Hills and the PSC cite authority in
    other contexts which indicate that an agency’s determina-
    tion on a specific application does not foreclose the agency
    from determining issues in later applications. In First Nat.
    Bank of Bellevue v. Southroads Bank, 
    189 Neb. 748
    , 753, 
    205 N.W.2d 346
    , 349 (1973), this court held that “an order of the
    Department of Banking denying an application for a bank
    charter does not amount to an adjudication for the future and
    is not res judicata as to another application of the same nature
    subsequently filed.” This court reasoned in First Nat. Bank
    of Bellevue v. Southroads Bank that the prior determination
    did not “prevent[] further inquiry into the issue,” particularly
    “where there has been a substantial or material change in the
    circumstances or conditions intervening between the two deci-
    sions.” 
    189 Neb. at 751
    , 
    205 N.W.2d at 348
    . The decision in
    First Nat. Bank of Bellevue v. Southroads Bank relied in part
    on In re Application of Union P. R. R. Co., 
    149 Neb. 575
    , 578,
    
    31 N.W.2d 552
    , 554 (1948), in which this court stated:
    “The ruling of the railway commission or of this court
    on the question of discontinuance of an agency at any
    given time does not amount to an adjudication for the
    future. It is only a judgment on the condition presented
    by the application and relates only to the time and condi-
    tions presented.”
    (Quoting Thomson v. Nebraska State Railway Commission,
    
    142 Neb. 477
    , 
    6 N.W.2d 607
     (1942).) This court in First
    Nat. Bank of Bellevue v. Southroads Bank described In re
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    Application of Union P. R. R. Co. as “demonstrat[ing] the time
    frame reference of orders involving issues of public conve-
    nience and necessity.” 
    189 Neb. at 752
    , 
    205 N.W.2d at 348
    .
    This court noted that both the Department of Banking and the
    Nebraska State Railway Commission were authorized by stat-
    ute to act upon applications made to the agency “based upon a
    determination of public convenience and necessity.” 
    Id.
    [5] Under the statutes set forth earlier in our opinion, the
    PSC is charged to act upon applications made by utilities and
    to make determinations of the public interest with respect
    to such applications. Similar to the statutes governing other
    agencies, the statutes governing the PSC inherently include a
    timeframe for determinations of the public interest and require
    the PSC to determine the public interest at the time of a spe-
    cific application. The determination of the public interest with
    regard to a specific application is based on the conditions
    presented by the application and relates directly to the time
    and conditions presented, and it does not amount to an adju-
    dication for the future. Therefore, the conclusive presumption
    under § 66-1863(3) is conclusive as to the determination of the
    public interest based on the time and conditions presented by
    the specific application, and it does not constitute a permanent
    determination or a conclusive presumption as to an application
    that may be presented to the PSC under different conditions in
    the future.
    In this case, the conclusive presumption was limited to the
    determination that Application No. P-0014 was in the public
    interest at the time that the application was filed in 2010. The
    order gave Black Hills and MUD authority to extend service
    to the referenced areas at that time. But it did not foreclose
    consideration of what would be in the public interest at any
    future date. In our view, MUD attributes greater strength
    to the “conclusively presumed” language in § 66-1863(3)
    than is warranted by the statutory language. Compare, Salem
    Grain Co. v. City of Falls City, 
    302 Neb. 548
    , 
    924 N.W.2d 678
     (2019) (describing weight to be given to “conclusively
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    deemed” in the public interest under 
    Neb. Rev. Stat. § 18-2129
    (Reissue 2012)). To conclude that the 2010 consensus of
    Black Hills and MUD embodied in the order in Application
    No. P-0014 and the conclusive presumption applied under
    § 66-1863(3) prevents the PSC from considering the public
    interest in the context of the current application would render
    meaningless the provisions of § 66-1863(1) and the role of
    the PSC authorizing and requiring the PSC to determine the
    public interest with regard to applications presented to it. See
    In re Guardianship of Eliza W., 
    304 Neb. 995
    , 
    938 N.W.2d 307
     (2020) (courts strive, if possible, to give effect to all
    parts of a statute such that no sentence, clause, or word is ren-
    dered meaningless).
    MUD also argues that even if the conclusive presumption
    under § 66-1863(3) with regard to Application No. P-0014
    did not preclude any consideration of the public interest in the
    present case, the PSC disregarded terms of Application No.
    P-0014 that set forth how future disagreements between Black
    Hills and MUD would be resolved. MUD also argues that the
    PSC mischaracterized the utilities’ adherence to the terms of
    Application No. P-0014 when it stated that it was “unclear to
    what extent the parties themselves relied on these maps in the
    past eleven years.”
    Application No. P-0014 provided for certain exceptions to
    the service areas set forth therein under specific circumstances,
    including, inter alia, when Black Hills and MUD “determine by
    agreement that it is more practical and efficient for one party to
    provide gas service to a customer or customers within the other
    party’s area of service.” MUD argues that this provision means
    that if the utilities do not agree to an adjustment of or excep-
    tion to the agreed-upon service areas, then the service areas
    previously agreed upon in the application controlled.
    But, as set forth above, the statutes require the PSC to
    determine public interest when an application and protest are
    filed. Just as the PSC’s order on Application No. P-0014 did
    not preclude it from considering the current application, the
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    terms agreed to by the utilities do not override the statutory
    requirement for the PSC to determine the current public inter-
    est with regard to a subsequent application. The utilities may
    not render those statutes meaningless based on the terms to
    which they agree.
    In the same respect, the utilities’ reliance or lack of reli-
    ance on the service areas and terms set forth in Application
    No. P-0014 do not control the statutory requirement for the
    PSC to determine the public interest with regard to the current
    application. Therefore, whether the PSC was correct when it
    said that the extent to which Black Hills and MUD relied on
    the maps was unclear, such reliance or lack of reliance would
    not preclude the PSC from exercising its statutory authority
    with respect to the current application.
    In summary, the order in Application No. P-0014 and the
    conclusive presumption of public interest thereunder did not
    preclude the PSC from determining public interest with regard
    to the current application. The terms of Application No. P-0014
    and the utilities’ intervening reliance on those terms also did
    not preclude the PSC’s determination of the current public
    interest. Instead, as discussed below, these matters are among
    factors for the PSC to consider when determining the public
    interest with respect to the current application.
    PSC Did Not Err When It Determined
    That MUD Did Not Overcome
    Rebuttable Presumption.
    MUD finally argues that the PSC erred when it determined
    that MUD did not overcome the rebuttable presumption in
    favor of Black Hills’ application’s being in the public inter-
    est. MUD generally focuses its argument on the effect of
    the 2010 order in Application No. P-0014. As we discussed
    above, that order did not preclude the PSC from determining
    whether Black Hills’ current application was in the public
    interest. However, Application No. P-0014 was among the
    factors for the PSC when considering the current application.
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    Considering all the evidence before the PSC, we conclude that
    the evidence supported the PSC’s determination that MUD did
    not overcome the rebuttal presumption under § 66-1861(2)
    and that Application No. P-12.32 should be approved as in the
    public interest.
    Because Black Hills was a jurisdictional utility with a
    franchise to serve Papillion and because the proposed OPPD
    site was within the extraterritorial jurisdiction of Papillion,
    under § 66-1861(2) there was a rebuttable presumption that
    Black Hills’ extension of its service area to the site was in
    the public interest. The PSC therefore needed to consider the
    evidence presented to determine whether that rebuttable pre-
    sumption was overcome by MUD. Although the 2010 order in
    Application No. P-0014 did not preclude the PSC’s consider-
    ation of the public interest in this case, the terms and effect of
    Application No. P-0014 were properly among the factors for
    the PSC to consider in determining whether MUD overcame
    the rebuttable presumption.
    We acknowledge that the service areas set forth in the 2010
    application were a relevant consideration, but the PSC’s deter-
    mination of the public interest was properly focused on condi-
    tions at the time of Application No. P-12.32. In addition to what
    had been agreed to between Black Hills and MUD in 2010, it
    was proper for the PSC to consider what had happened since
    2010 and how conditions relevant to the public interest had
    changed since that time. In particular, OPPD had announced
    its need for service at 168th Street and Fairview Road in Sarpy
    County. Further, Papillion and Springfield had resolved their
    dispute, and pursuant to their agreement, the OPPD site came
    within the extraterritorial jurisdiction of Papillion, which was
    serviced by Black Hills.
    Conditions existing when Application No. P-12.32 was
    filed in 2021 supported the determination that the current
    application was in the public interest. In 2010, Black Hills
    and MUD had agreed in Application No. P-0014 that the site,
    which is at issue in the current application, should be part of
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    MUD’s service area. However, as noted above, the evidence
    in this case indicates that the determination of service areas in
    Application No. P-0014 was based on expectations of future
    growth in Sarpy County and that in 2010, Black Hills and
    MUD expected that the site at issue in this case would be
    in the area of growth for Springfield. Because MUD served
    Springfield, the site was included in MUD’s service area in
    Application No. P-0014. However, in the intervening years,
    Papillion and Springfield resolved ongoing disputes by agree-
    ing that, inter alia, the site at issue in this case would be in the
    extraterritorial jurisdiction of Papillion, which was serviced
    by Black Hills. Therefore, the expectation of 2010 was con-
    trary to the reality of 2021 and the public interest shifted to
    the site’s being served by Black Hills, which had a franchise
    with Papillion.
    Furthermore, Black Hills indicated in Application No.
    P-12.32 that there were no MUD mains within a quarter mile
    of the proposed OPPD site. The site was within MUD’s service
    area under Application No. P-0014, and based on the conclu-
    sive presumption under § 66-1863(3), MUD was permitted at
    the time in 2010 to “proceed with the extension or enlargement
    without further [PSC] action.” But there was no evidence in
    the present proceeding to indicate that between 2010 and 2021,
    MUD had taken demonstrable action to extend service to the
    site based on the authority of Application No. P-0014. More
    particularly, after OPPD announced its plan to build facilities
    on the site, there is no indication that MUD actively took steps
    to extend service to that site based on the order in Application
    No. P-0014, nor did it seek specific approval to extend service
    to the site.
    Our review of the record indicates that the PSC did not err
    when it determined that MUD had not overcome the rebuttable
    presumption that Application No. P-12.32 was in the public
    interest. The record instead indicates that the application was
    shown to be in the public interest and that the PSC did not err
    when it approved Application No. P-12.32.
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    CONCLUSION
    We conclude that the PSC had authority to determine the pub-
    lic interest with respect to the current application, Application
    No. P-12.32, and that the PSC’s 2010 order in Application
    No. P-0014 did not preclude the PSC’s consideration of the
    public interest with respect to the current application. We
    further conclude that the PSC did not err when it determined
    that in light of all the evidence, including evidence related to
    Application No. P-0014, MUD had not overcome the rebut-
    table presumption that the proposed extension or enlargement
    sought by Black Hills to extend service to the OPPD site at
    168th Street and Fairview Road under Application No. P-12.32
    was in the public interest. We therefore affirm the PSC’s order
    approving Application No. P-12.32.
    Affirmed.
    Papik, J., not participating.