USA Statutes : nevada
Title : Title 58 - ENERGY; PUBLIC UTILITIES AND SIMILAR ENTITIES
Chapter : CHAPTER 702 - ENERGY ASSISTANCE
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 702.020
to 702.100 , inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 2001, 3231 )
“Calendar quarter” means
each period of 3 consecutive calendar months ending on March 31, June 30,
September 30 and December 31 in each calendar year.
(Added to NRS by 2001, 3231 )
“Commission” means the Public
Utilities Commission of Nevada.
(Added to NRS by 2001, 3231 )
“Division of Welfare and Supportive Services” means the Division of
Welfare and Supportive Services of the Department of Health and Human
Services.
(Added to NRS by 2001, 3232 )—(Substituted in revision for NRS 702.110)
“Fund” means the Fund for Energy
Assistance and Conservation created by NRS 702.250 .
(Added to NRS by 2001, 3231 )
“Housing Division” means
the Housing Division of the Department of Business and Industry.
(Added to NRS by 2001, 3231 )
“Municipal utility”
includes, without limitation:
1. A utility established pursuant to chapter 709 or 710 of NRS.
2. Any other utility that is owned, operated or controlled by a
county, city or other local governmental entity.
(Added to NRS by 2001, 3231 )
“Person” means:
1. A natural person;
2. Any form of business or social organization and any other
nongovernmental legal entity, including, without limitation, a
corporation, partnership, association, trust or unincorporated
organization;
3. A government or an agency or instrumentality of a government,
including, without limitation, this state or an agency or instrumentality
of this state; and
4. A political subdivision of this state or of any other
government or an agency or instrumentality of a political subdivision of
this state or of any other government.
(Added to NRS by 2001, 3231 )
“Public utility” has the
meaning ascribed to it in NRS 704.020
and 704.030 .
(Added to NRS by 2001, 3231 )
1. “Retail customer” means an end-use customer that purchases
natural gas or electricity for consumption in this state.
2. The term includes, without limitation:
(a) A residential, commercial or industrial end-use customer that
purchases natural gas or electricity for consumption in this state,
including, without limitation, an eligible customer that purchases
electricity for consumption in this state from a provider of new electric
resources pursuant to the provisions of chapter 704B of NRS.
(b) A landlord of a mobile home park or owner of a company town who
is subject to any of the provisions of NRS 704.905 to 704.960 ,
inclusive.
(c) A landlord who pays for natural gas or electricity that is
delivered through a master meter and who distributes or resells the
natural gas or electricity to one or more tenants for consumption in this
state.
3. The term does not include this state, a political subdivision
of this state or an agency or instrumentality of this state or political
subdivision of this state when it is an end-use customer that purchases
natural gas or electricity for consumption in this state, including,
without limitation, when it is an eligible customer that purchases
electricity for consumption in this state from a provider of new electric
resources pursuant to the provisions of chapter 704B of NRS.
(Added to NRS by 2001, 3231 )
“Universal energy
charge” means the charge imposed pursuant to NRS 702.160 .
(Added to NRS by 2001, 3232 )
[Replaced in revision by
NRS 702.035 .]
UNIVERSAL ENERGY CHARGE
1. The provisions of NRS 702.160
do not apply to any therm of natural gas or any kilowatt-hour of
electricity that a retail customer purchases from:
(a) A rural electric cooperative established pursuant to chapter 81
of NRS.
(b) A general improvement district established pursuant to chapter
318 of NRS.
(c) A cooperative association, nonprofit corporation, nonprofit
association or provider of service which is declared to be a public
utility pursuant to NRS 704.673 and
which provides service only to its members.
2. If a retail customer is exempted from paying the universal
energy charge pursuant to subsection 1, the retail customer may not
receive money or other assistance from:
(a) The Division of Welfare and Supportive Services pursuant to NRS
702.260 for any utility service for
which the retail customer is exempted from paying the universal energy
charge; or
(b) The Housing Division pursuant to NRS 702.270 .
(Added to NRS by 2001, 3232 )
1. Except as otherwise provided in this section and NRS 702.150
, each retail customer shall pay:
(a) A universal energy charge of 3.30 mills on each therm of
natural gas that the retail customer purchases from another person for
consumption in this State; and
(b) A universal energy charge of 0.39 mills on each kilowatt-hour
of electricity that the retail customer purchases from another person for
consumption in this State.
2. The provisions of subsection 1 do not apply to:
(a) Any therm of natural gas used as a source of energy to generate
electricity.
(b) Any kilowatt-hour of electricity used in industries utilizing
electrolytic-manufacturing processes.
3. If a retail customer uses the distribution services of a public
utility or municipal utility to acquire natural gas or electricity that
is subject to the universal energy charge, the public utility or
municipal utility providing the distribution services shall:
(a) Collect the universal energy charge from each such retail
customer;
(b) Ensure that the universal energy charge is set forth as a
separate item or entry on the bill of each such retail customer; and
(c) Not later than 30 days after the end of each calendar quarter,
remit to the Commission the total amount of money collected by the public
utility or municipal utility for the universal energy charge for the
immediately preceding calendar quarter.
4. If a retail customer does not use the distribution services of
a public utility or municipal utility to acquire natural gas or
electricity that is subject to the universal energy charge, not later
than 30 days after the end of each calendar quarter, the retail customer
shall remit to the Commission the total amount of money owed by the
retail customer for the universal energy charge for the immediately
preceding calendar quarter.
5. If, during a calendar quarter, a single retail customer or
multiple retail customers under common ownership and control pay, in the
aggregate, a universal energy charge of more than $25,000 for all
consumption of natural gas and electricity during the calendar quarter,
such retail customers are entitled to a refund, for that calendar
quarter, of the amount of the universal energy charge that exceeds
$25,000. To receive a refund pursuant to this section, not later than 90
days after the end of the calendar quarter for which the refund is
requested, such retail customers must file with the Commission a request
for a refund. If a request for a refund is filed with the Commission:
(a) The Commission shall determine and certify the amount of the
refund; and
(b) The refund must be paid as other claims against the State are
paid from money in the Fund.
(Added to NRS by 2001, 3232 )
1. The Commission shall adopt regulations to carry out and enforce
the provisions of NRS 702.160 . Such
regulations may require public utilities, municipal utilities and retail
customers that are required to collect or remit money for the universal
energy charge to file reports and to provide the Commission with
information relating to compliance with the requirements of the universal
energy charge.
2. In carrying out the provisions of NRS 702.160 , the Commission shall solicit advice from the
Consumer’s Advocate of the Bureau of Consumer Protection in the Office of
the Attorney General, public utilities and municipal utilities and other
knowledgeable persons.
3. The Commission may conduct audits and investigations of public
utilities, municipal utilities and retail customers that are required to
collect or remit money for the universal energy charge, if the Commission
determines that such audits and investigations are necessary to verify
compliance with the requirements of the universal energy charge. In
conducting such audits and investigations, the Commission may exercise
any of the investigative powers granted to the Commission pursuant to
chapter 703 of NRS, including, without
limitation, the power to issue orders to compel the appearance of
witnesses and the production of books, accounts, papers and records.
4. To carry out its powers and duties pursuant to this chapter,
the Commission is entitled to an administrative charge of not more than 3
percent of the money collected for the universal energy charge. After
deduction of its administrative charge, the Commission shall deposit the
remaining money collected for the universal energy charge in the State
Treasury for credit to the Fund.
5. The Commission may bring an appropriate action in its own name
for recovery of any money that a person fails to pay, collect or remit in
violation of the requirements of the universal energy charge.
(Added to NRS by 2001, 3233 )
PROGRAMS OF ENERGY ASSISTANCE
1. There is hereby created as a special revenue fund in the State
Treasury the Fund for Energy Assistance and Conservation. The Division of
Welfare and Supportive Services shall administer the Fund.
2. In addition to the money that must be credited to the Fund from
the universal energy charge, all money received from private or public
sources to carry out the purposes of this chapter must be deposited in
the State Treasury for credit to the Fund.
3. The Division shall, to the extent practicable, ensure that the
money in the Fund is administered in a manner which is coordinated with
all other sources of money that are available for energy assistance and
conservation, including, without limitation, money contributed from
private sources, money obtained from the Federal Government and money
obtained from any agency or instrumentality of this State or political
subdivision of this State.
4. The interest and income earned on the money in the Fund, after
deducting any applicable charges, must be credited to the Fund. All
claims against the Fund must be paid as other claims against the State
are paid.
5. After deduction of any refunds paid from the Fund pursuant to
NRS 702.160 , the money in the Fund must
be distributed pursuant to NRS 702.260
and 702.270 .
(Added to NRS by 2001, 3233 )
1. Seventy-five percent of the money in the Fund must be
distributed to the Division of Welfare and Supportive Services for
programs to assist eligible households in paying for natural gas and
electricity. The Division may use not more than 5 percent of the money
distributed to it pursuant to this section for its administrative
expenses.
2. Except as otherwise provided in NRS 702.150 , after deduction for its administrative
expenses, the Division may use the money distributed to it pursuant to
this section only to:
(a) Assist eligible households in paying for natural gas and
electricity.
(b) Carry out activities related to consumer outreach.
(c) Pay for program design.
(d) Pay for the annual evaluations conducted pursuant to NRS
702.280 .
3. Except as otherwise provided in subsection 4, to be eligible to
receive assistance from the Division pursuant to this section, a
household must have a household income that is not more than 150 percent
of the federally designated level signifying poverty, as determined by
the Division.
4. The Division is authorized to render emergency assistance to a
household if an emergency related to the cost or availability of natural
gas or electricity threatens the health or safety of one or more of the
members of the household. Such emergency assistance may be rendered upon
the good faith belief that the household is otherwise eligible to receive
assistance pursuant to this section.
5. Before July 1, 2002, if a household is eligible to receive
assistance pursuant to this section, the Division shall determine the
amount of assistance that the household will receive by using the
existing formulas set forth in the state plan for low-income home energy
assistance.
6. On or after July 1, 2002, if a household is eligible to receive
assistance pursuant to this section, the Division:
(a) Shall, to the extent practicable, determine the amount of
assistance that the household will receive by determining the amount of
assistance that is sufficient to reduce the percentage of the household’s
income that is spent on natural gas and electricity to the median
percentage of household income spent on natural gas and electricity
statewide.
(b) May adjust the amount of assistance that the household will
receive based upon such factors as:
(1) The income of the household;
(2) The size of the household;
(3) The type of energy that the household uses; and
(4) Any other factor which, in the determination of the
Division, may make the household particularly vulnerable to increases in
the cost of natural gas or electricity.
7. The Division shall adopt regulations to carry out and enforce
the provisions of this section and NRS 702.250 .
8. In carrying out the provisions of this section, the Division
shall:
(a) Solicit advice from the Housing Division and from other
knowledgeable persons;
(b) Identify and implement appropriate delivery systems to
distribute money from the Fund and to provide other assistance pursuant
to this section;
(c) Coordinate with other federal, state and local agencies that
provide energy assistance or conservation services to low-income persons
and, to the extent allowed by federal law and to the extent practicable,
use the same simplified application forms as those other agencies;
(d) Establish a process for evaluating the programs conducted
pursuant to this section;
(e) Develop a process for making changes to such programs; and
(f) Engage in annual planning and evaluation processes with the
Housing Division as required by NRS 702.280 .
(Added to NRS by 2001, 3234 ; A 2005, 22nd Special Session, 78 )
1. Twenty-five percent of the money in the Fund must be
distributed to the Housing Division for programs of energy conservation,
weatherization and energy efficiency for eligible households. The Housing
Division may use not more than 6 percent of the money distributed to it
pursuant to this section for its administrative expenses.
2. Except as otherwise provided in NRS 702.150 , after deduction for its administrative
expenses, the Housing Division may use the money distributed to it
pursuant to this section only to:
(a) Provide an eligible household with services of basic home
energy conservation and home energy efficiency or to assist an eligible
household to acquire such services, including, without limitation,
services of load management.
(b) Pay for appropriate improvements associated with energy
conservation, weatherization and energy efficiency.
(c) Carry out activities related to consumer outreach.
(d) Pay for program design.
(e) Pay for the annual evaluations conducted pursuant to NRS
702.280 .
3. Except as otherwise provided in subsection 4, to be eligible to
receive assistance from the Housing Division pursuant to this section, a
household must have a household income that is not more than 150 percent
of the federally designated level signifying poverty, as determined by
the Housing Division.
4. The Housing Division is authorized to render emergency
assistance to a household if the health or safety of one or more of the
members of the household is threatened because of the structural,
mechanical or other failure of:
(a) The unit of housing in which the household dwells; or
(b) A component or system of the unit of housing in which the
household dwells.
Ê Such emergency assistance may be rendered upon the good faith belief
that the household is otherwise eligible to receive assistance pursuant
to this section.
5. The Housing Division shall adopt regulations to carry out and
enforce the provisions of this section.
6. In carrying out the provisions of this section, the Housing
Division shall:
(a) Solicit advice from the Division of Welfare and Supportive
Services and from other knowledgeable persons;
(b) Identify and implement appropriate delivery systems to
distribute money from the Fund and to provide other assistance pursuant
to this section;
(c) Coordinate with other federal, state and local agencies that
provide energy assistance or conservation services to low-income persons
and, to the extent allowed by federal law and to the extent practicable,
use the same simplified application forms as those other agencies;
(d) Encourage other persons to provide resources and services,
including, to the extent practicable, schools and programs that provide
training in the building trades and apprenticeship programs;
(e) Establish a process for evaluating the programs conducted
pursuant to this section;
(f) Develop a process for making changes to such programs; and
(g) Engage in annual planning and evaluation processes with the
Division of Welfare and Supportive Services as required by NRS 702.280
.
(Added to NRS by 2001, 3235 )
1. The Division of Welfare and Supportive Services and the Housing
Division jointly shall establish an annual plan to coordinate their
activities and programs pursuant to this chapter. In preparing the annual
plan, the Divisions shall solicit advice from knowledgeable persons. The
annual plan must include, without limitation, a description of:
(a) The resources and services being used by each program and the
efforts that will be undertaken to increase or improve those resources
and services;
(b) The efforts that will be undertaken to improve administrative
efficiency;
(c) The efforts that will be undertaken to coordinate with other
federal, state and local agencies, nonprofit organizations and any
private business or trade organizations that provide energy assistance or
conservation services to low-income persons;
(d) The measures concerning program design that will be undertaken
to improve program effectiveness; and
(e) The efforts that will be taken to address issues identified
during the most recently completed annual evaluation conducted pursuant
to subsection 2.
2. The Division of Welfare and Supportive Services and the Housing
Division jointly shall:
(a) Conduct an annual evaluation of the programs that each Division
carries out pursuant to NRS 702.260 and
702.270 ;
(b) Solicit advice from the Commission as part of the annual
evaluation; and
(c) Prepare a report concerning the annual evaluation and submit
the report to the Governor, the Legislative Commission and the Interim
Finance Committee.
3. The report prepared pursuant to subsection 2 must include,
without limitation:
(a) A description of the objectives of each program;
(b) An analysis of the effectiveness and efficiency of each program
in meeting the objectives of the program;
(c) The amount of money distributed from the Fund for each program
and a detailed description of the use of that money for each program;
(d) An analysis of the coordination between the Divisions
concerning each program; and
(e) Any changes planned for each program.
(Added to NRS by 2001, 3236 )
As used in this chapter, unless the
context otherwise requires:
1. “Affected governmental entity” means a governmental entity for
which a tax, fee or assessment is collected pursuant to NRS 704.9901
, 704.9985 or 704B.360 .
2. “Alternative seller” means a person who sells any competitive,
discretionary or potentially competitive component of natural gas service
pursuant to NRS 704.993 to 704.999
, inclusive.
3. “Commission” means the Public Utilities Commission of Nevada.
4. “Provider of new electric resources” has the meaning ascribed
to it in NRS 704B.130 .
[Part 6:109:1919; 1919 RL p. 3155; NCL § 6105]—(NRS A 1995, 2606;
1997, 1881, 2020, 2664; 1999, 492 ; 2001, 341 ; 2003, 3025 )
The Public Utilities Commission of Nevada
is hereby created.
[Part 1:109:1919; 1919 RL p. 3154; NCL § 6100]—(NRS A 1997, 1881)
The Commission shall have a seal upon which
must be the words “Public Utilities Commission of Nevada,” by which the
Commission shall authenticate its proceedings and orders. All papers made
under the seal must be admitted in evidence without further authenticity
or proof.
[Part 6:109:1919; 1919 RL p. 3155; NCL § 6105]—(NRS A 1997,
1882)—(Substituted in revision for NRS 703.090)
ORGANIZATION AND FINANCIAL ADMINISTRATION
1. The Commission, by majority vote, shall organize the Commission
into sections, alter the organization of the Commission and reassign
responsibilities and duties of the sections of the Commission as the
Commission deems necessary to provide:
(a) Advice and guidance to the Commission on economic policies
relating to utilities under the jurisdiction of the Commission, and the
regulation of such utilities;
(b) Administrative, technical, legal and support services to the
Commission; and
(c) For the regulation of utilities governed by the Commission and
the services offered by such utilities, including, but not limited to,
licensing of such utilities and services and the resolution of consumer
complaints.
2. The Commission shall:
(a) Formulate the policies of the various sections of the
Commission;
(b) Coordinate the activities of the various sections of the
Commission;
(c) If customers are authorized by a specific statute to obtain a
competitive, discretionary or potentially competitive utility service,
take any actions which are consistent with the statute and which are
necessary to encourage and enhance:
(1) A competitive market for the provision of that utility
service to customers in this State; and
(2) The reliability and safety of the provision of that
utility service within that competitive market; and
(d) Adopt such regulations consistent with law as the Commission
deems necessary for the operation of the Commission and the enforcement
of all laws administered by the Commission.
3. Before reorganizing the Commission, the Commission shall submit
the plan for reorganization to:
(a) The Director of the Legislative Counsel Bureau for transmittal
to the appropriate legislative committee and the Interim Finance
Committee; and
(b) The Director of the Department of Administration.
(Added to NRS by 1997, 1880; A 2001, 341 )
1. The Commission consists of three Commissioners appointed by the
Governor for terms of 4 years.
2. The Governor shall appoint as members of the Commission persons
who have at least 2 years of experience in one or more of the following
fields:
(a) Accounting.
(b) Business administration.
(c) Finance or economics.
(d) Administrative law.
(e) Professional engineering.
3. Not more than two of the Commissioners may be:
(a) Members of the same political party.
(b) From the same field of experience.
[Part 2:109:1919; A 1947, 29; 1953, 252]—(NRS A 1957, 331; 1983,
1308; 1997, 1881)
1. All of the Commissioners shall be persons who are independent
of the industries regulated by the Commission and who possess
demonstrated competence.
2. No Commissioner may be pecuniarily interested in any public
utility in this state or elsewhere.
3. Except as otherwise provided in NRS 284.143 , the Commissioners shall give their entire
time to the business of the Commission and shall not pursue any other
business or vocation or hold any other office of profit.
4. No Commissioner may be a member of any political convention or
a member of any committee of any political party.
[Part 2:109:1919; A 1947, 29; 1953, 252] + [Part 3:109:1919; A
1953, 252] + [Part 4:109:1919; A 1953, 252]—(NRS A 1957, 332; 1977, 758;
1997, 621)
1. Before entering upon the duties of his office, each
Commissioner shall subscribe to the constitutional oath of office, and
shall in addition swear that he is not pecuniarily interested in any
public utility in this State as defined in chapter 704 of NRS.
2. The oath of office shall be filed in the Office of the
Secretary of State.
[Part 4:109:1919; A 1953, 252]—(NRS A 1975, 934; 1977, 1115)
The Governor shall have the
power to remove any Commissioner for inefficiency, neglect of duty or
malfeasance in office. Such removal shall be upon public hearing after 10
days’ notice and the service of a copy of the charges upon the
Commissioner. The record of any such proceedings shall be filed with the
Secretary of State if a Commissioner is removed.
[Part 3:109:1919; A 1953, 252]
The Governor shall designate one of the
Commissioners to be Chairman, whose term as Chairman shall be at the
pleasure of the Governor. The Chairman shall serve as the Executive
Officer of the Commission.
[Part 2:109:1919; A 1947, 29; 1953, 252]—(NRS A 1957, 332; 1997,
1881)
1. The Chairman and the other Commissioners, including any Acting
Commissioners, are in the unclassified service of the State.
2. Notwithstanding any other specific statute to the contrary and
regardless of the length of service, a person who is appointed to serve
as an Acting Commissioner pursuant to NRS 703.085 is not entitled because of that appointment to
participate in any programs or receive any benefits that are offered or
provided to state officers or employees in the unclassified service of
the State pursuant to chapter 284 , 286 or 287 of NRS.
[Part 5:109:1919; A 1931, 225; 1941, 40; 1949, 449; 1951, 200;
1953, 252] + [20:295:1953; A 1955, 525]—(NRS A 1957, 332; 1959, 788;
1960, 396; 1961, 657; 1963, 1333; 1965, 706; 1967, 1504; 1971, 1443;
1981, 1285; 2003, 3024 )
1. A majority of the Commissioners has full power to act in all
matters within the jurisdiction of the Commission.
2. Before the Commission may enter a final order on a matter,
there must be at least two Commissioners who are able to act on the
matter. If there are fewer than two Commissioners who are able to act on
the matter because of disqualifications, illnesses, incapacities,
vacancies that have not yet been filled, or any other reason, the
Governor shall appoint the requisite number of persons to serve as Acting
Commissioners in the place of the Commissioners who are unable to act on
the matter so that there are at least two persons who are able to act on
the matter, whether serving as a Commissioner or an Acting Commissioner.
If there are fewer than two Commissioners who are able to act on the
matter because of disqualifications, illnesses, incapacities, vacancies
that have not yet been filled, or any other reason, and the Governor has
not appointed the requisite number of persons to serve as Acting
Commissioners pursuant to this subsection, the Deputy Commissioner
appointed pursuant to subsection 1 of NRS 703.130 may serve as an Acting Commissioner.
3. Before the Governor may appoint a person to serve as an Acting
Commissioner in the place of a Commissioner who is unable to act on the
matter, the person must be qualified to serve in the office of that
Commissioner as if the Governor were appointing the person to fill a
vacancy in that office.
4. A person who is appointed or authorized to serve as an Acting
Commissioner shall be deemed to be a Commissioner and is entitled to
exercise the powers of a Commissioner only in proceedings before the
Commission that involve the matter or matters for which the person is
appointed or authorized to serve as an Acting Commissioner.
5. A person who is appointed to serve as an Acting Commissioner:
(a) Is subject to all legal requirements and restrictions and
enjoys all legal protections and immunities that apply to a Commissioner
and to state officers generally while the person is engaged in the
business of the Commission as an Acting Commissioner; and
(b) Is entitled to receive, for each day the person is engaged in
the business of the Commission as an Acting Commissioner, a salary of $80
and the per diem allowance and travel expenses provided for state
officers and employees generally. The person is not entitled to receive
any other compensation for serving as an Acting Commissioner.
6. A person who is appointed to serve as an Acting Commissioner
serves at the pleasure of the Governor. The appointment of the person
expires:
(a) On the date that the Governor declares that the appointment has
expired; or
(b) On the date that the matter or matters for which the person was
appointed are no longer pending before the Commission,
Ê whichever date occurs earlier.
7. The Governor may reappoint a person to serve as an Acting
Commissioner.
(Added to NRS by 2003, 3023 )
The Commission may
sue and be sued in the name of the Public Utilities Commission of Nevada.
[Part 6:109:1919; 1919 RL p. 3155; NCL § 6105]—(NRS A 1997, 1882)
Except as
otherwise provided in this chapter, all hearings and meetings conducted
by the Commission must be open to the public.
[Part 2:109:1919; A 1947, 29; 1953, 252]—(NRS A 1957, 332; 1967,
1094; 1971, 656; 1973, 1036; 1979, 1108; 1983, 1308; 1989, 441; 1997,
1882; 2003, 3024 )
1. The Commission shall keep its principal office at Carson City,
Nevada, in rooms provided by the Buildings and Grounds Division of the
Department of Administration and may maintain another office in Las
Vegas, Nevada.
2. If an office is so maintained in Las Vegas, any document which
is required to be filed with the Commission may be filed at its office in
Las Vegas with the same effect as if it were filed at the office in
Carson City.
[Part 6:109:1919; 1919 RL p. 3155; NCL § 6105]—(NRS A 1963, 1071;
1973, 1477; 1987, 778; 1993, 1924)
1. The Commission shall appoint a Deputy Commissioner who shall
serve in the unclassified service of the State.
2. The Commission shall appoint a Secretary who shall perform such
administrative and other duties as are prescribed by the Commission. The
Commission shall also appoint an Assistant Secretary.
3. The Commission may employ such other clerks, experts or
engineers as may be necessary.
4. Except as otherwise provided in subsection 5, the Commission:
(a) May appoint one or more hearing officers for a period specified
by the Commission to conduct proceedings or hearings that may be
conducted by the Commission pursuant to NRS 702.160 and 702.170
and chapters 704 , 704A , 704B , 705 , 708 and 711 of NRS.
(b) Shall prescribe by regulation the procedure for appealing a
decision of a hearing officer to the Commission.
5. The Commission shall not appoint a hearing officer to conduct
proceedings or hearings:
(a) In any matter pending before the Commission pursuant to NRS
704.7561 to 704.7595 , inclusive; or
(b) In any matter pending before the Commission pursuant to NRS
704.061 to 704.110 , inclusive, in which an electric utility has
filed a general rate application or an application to clear its deferred
accounts.
6. As used in this section, “electric utility” has the meaning
ascribed to it in NRS 704.187 .
[Part 5:109:1919; A 1931, 225; 1941, 40; 1949, 449; 1951, 200;
1953, 252]—(NRS A 1967, 1094, 1382, 1504; 1971, 1443; 1979, 1108; 1981,
1285; 1999, 3259 ; 2001, 342 , 3238 )
The expenditures of each Commissioner
and employee of the Commission while traveling on its business must be
sworn to by the person who incurred the expense and must be approved by
the Chairman of the Commission.
[42:109:1919; 1919 RL p. 3167; NCL § 6143]—(NRS A 1979, 1109; 1985,
448)
1. Any public utility subject to the jurisdiction of the
Commission which elects to maintain its books and records outside the
State of Nevada shall, in addition to any other assessment and fees
provided for by law, be assessed by the Commission for an amount equal to
the travel expenses and the excess of the out-of-state subsistence
allowances over the in-state subsistence allowances, as fixed by NRS
281.160 , of Commission members and
staff, for investigations, inspections and audits required to be
performed outside this state.
2. Any public utility subject to the jurisdiction of the
Commission shall, in addition to any other assessment and fees provided
for by law, be assessed by the Commission for an amount equal to the
travel expenses and the excess of the out-of-state subsistence allowances
over the in-state subsistence allowances, as fixed by NRS 281.160 , of Commission members and staff, for
investigations, audits and appearances required to be performed out of
this state as a result of interventions in:
(a) Federal Energy Regulatory Commission proceedings as authorized
in NRS 703.152 ; or
(b) Actions involving the Federal Communications Commission or
other federal regulatory agencies,
Ê if the intervention is made to benefit the public utility or its
customers.
3. The assessments provided for by this section must be determined
by the Commission upon the completion of each such investigation,
inspection, audit or appearance and are due and payable within 30 days of
receipt by the affected utility of the notice of assessment. The total
amount assessed by the Commission in 1 year pursuant to subsection 2 must
not exceed $50,000.
4. The records of the Commission relating to the additional costs
incurred by reason of the necessary additional travel must be open for
inspection by the affected utility at any time within the 30-day period.
5. The Commission shall report to the Legislature no later than
February 1 of each odd-numbered year the amount of assessments charged
public utilities during the previous biennium pursuant to subsection 2.
(Added to NRS by 1973, 1832; A 1989, 609; 1991, 400; 1993, 442;
1995, 64; 1997, 1882)
1. The Public Utilities Commission Regulatory Fund is hereby
created as a special revenue fund. Except as otherwise provided in NRS
702.170 and 704.7828 , all money collected by the Commission
pursuant to law must be deposited in the State Treasury for credit to the
Fund. Money collected for the use of the Consumer’s Advocate of the
Bureau of Consumer Protection in the Office of the Attorney General must
be transferred pursuant to the provisions of subsection 8 of NRS 704.035
.
2. Money in the Fund which belongs to the Commission may be used
only to defray the costs of:
(a) Maintaining staff and equipment to regulate adequately public
utilities and other persons subject to the jurisdiction of the Commission.
(b) Participating in all rate cases involving those persons.
(c) Audits, inspections, investigations, publication of notices,
reports and retaining consultants connected with that regulation and
participation.
(d) The salaries, travel expenses and subsistence allowances of the
members of the Commission.
3. All claims against the Fund must be paid as other claims
against the State are paid.
4. The Commission must furnish upon request a statement showing
the balance remaining in the Fund as of the close of the preceding fiscal
year.
(Added to NRS by 1979, 148; A 1981, 1677; 1997, 1883; 2001, 2526
, 3238 )
The Commission may expend money
from its reserve account to provide education and informational services
necessary to educate and inform the residents in this state on issues
related to the provision of utility services in this state. The
Commission may contract with an independent person to provide such
educational and informational services.
(Added to NRS by 1997, 1902; A 2001, 352 )—(Substituted in revision for NRS 704.961)
POWERS AND DUTIES
The Commission shall supervise and
regulate the operation and maintenance of public utilities and other
persons named and defined in chapters 704 ,
704A and 708 of
NRS pursuant to the provisions of those chapters.
[Part 1:109:1919; 1919 RL p. 3154; NCL § 6100]—(NRS A 1979, 246;
1985, 2047; 1997, 1883)
In adopting regulations pursuant to
this title relating to the provision of electric service, the Commission
shall ensure that the regulations:
1. Protect, further and serve the public interest;
2. Provide effective protection for customers who depend upon
electric service;
3. Provide for stability in rates and for the availability and
reliability of electric service;
4. Encourage the development and use of renewable energy
resources; and
5. Require providers of electric service to engage in prudent
business management, effective long-term planning, responsible decision
making, sound fiscal strategies and efficient operations.
(Added to NRS by 1997, 1880; A 2001, 342 )
1. The Legislature finds that the cost of energy in Nevada is
affected by the Federal Energy Regulatory Commission in its regulation of
the transmission of energy into and out of the State of Nevada, and the
concerns of the public utilities and their customers in this State should
be represented at the hearings of that Commission which affect Nevada.
2. The Public Utilities Commission of Nevada, within the limits of
its budget and as it deems necessary, may bring an action, file a
petition or intervene before the Federal Energy Regulatory Commission or
in any court on behalf of the public utilities and their customers in
this State and represent their views in any matter which affects the
development, transmission, use or cost of energy in Nevada.
(Added to NRS by 1981, 336; A 1997, 1883)
The Commission may enter
into an agreement with the Secretary of Transportation which authorizes
the Commission to conduct inspections as an agent of the Federal
Government to ensure compliance with federal statutes and regulations
governing the safety of storage facilities and interstate pipelines which
transport:
1. Petroleum or any petroleum product;
2. Any substance which is in a liquid state, including liquefied
natural gas, when transported by pipeline or pipeline facilities and
which may pose an unreasonable risk to life or property when transported
by pipeline or pipeline facilities; or
3. Any gas, including natural gas, flammable gas or gas which is
toxic or corrosive.
(Added to NRS by 1981, 16; A 1993, 297)
1. The Commission may adopt such regulations as are necessary to
ensure the safe operation and maintenance of all storage facilities and
intrastate pipelines in this state which are used to store and transport
natural gas, liquefied petroleum gas, in its liquid or vapor form, or any
mixture thereof. Regulations adopted pursuant to this subsection do not
apply to activities that are subject to the provisions of NRS 590.465
to 590.645 , inclusive, or chapter 704 of NRS.
2. If the Commission and any other governmental entity or agency
of the State have coexisting jurisdiction over the regulation of such
storage facilities and intrastate pipelines, the Commission has the final
authority to regulate those facilities and pipelines and to take such
actions as are necessary to carry out the regulations adopted pursuant to
subsection 1.
3. A person who violates any of the provisions of a regulation
adopted by the Commission pursuant to subsection 1 is liable for a civil
penalty not to exceed $1,000 per day for each day of the violation and
not to exceed $200,000 for any related series of violations. The amount
of the civil penalty must be determined and may be compromised in the
manner provided in NRS 703.380 .
(Added to NRS by 1993, 296)
The Commission shall:
1. Enter into an agreement with the Secretary of Transportation
pursuant to 49 U.S.C. § 20105 that authorizes the Commission to
participate in the enforcement of federal safety regulations and orders
applicable to railroad equipment, facilities, rolling stock and
operations in this state.
2. Accept and expend any federal money made available pursuant to
49 U.S.C. § 20105 for carrying out a safety program relating to railroads.
3. Adopt regulations concerning the safety of railroads in this
state that incorporate the provisions of the statutes and regulations of
other states and the Federal Government relating to railroad safety which
the Commission determines are appropriate for this state.
(Added to NRS by 1997, 1274)
The Commission may hold
sessions or hearings at its office or at such other place or places as
the convenience of the Commission or of the parties requires.
[Part 6:109:1919; 1919 RL p. 3155; NCL § 6105]
1. The Commission may employ, or retain on a contract basis, legal
counsel who shall:
(a) Except as otherwise provided in subsection 2, be counsel and
attorney for the Commission in all actions, proceedings and hearings.
(b) Prosecute in the name of the Commission all civil actions for
the enforcement of NRS 702.160 and
702.170 and chapters 704 , 704A , 704B , 705 and 708 of NRS and for the recovery of any penalty or
forfeiture provided for therein.
(c) Generally aid the Commission in the performance of its duties
and the enforcement of NRS 702.160 and
702.170 and chapters 704 , 704A , 704B , 705 and 708 of NRS.
2. Each district attorney shall:
(a) Prosecute any violation of chapter 704 , 704A , 705 , 708 or 711 of NRS for which a criminal penalty is provided and
which occurs in his county.
(b) Aid in any investigation, prosecution, hearing or trial held
under the provisions of chapter 704 , 704A
, 705 , 708
or 711 of NRS
and, at the request of the Commission or its legal counsel, act as
counsel and attorney for the Commission.
3. The Attorney General shall, if the district attorney fails or
refuses to do so, prosecute all violations of the laws of this state by
public utilities under the jurisdiction of the Commission and their
officers, agents and employees.
4. The Attorney General is not precluded from appearing in or
moving to intervene in any action and representing the interest of the
State of Nevada in any action in which the Commission is a party and is
represented by independent counsel.
[40:109:1919; 1919 RL p. 3167; NCL § 6141]—(NRS A 1979, 199; 1981,
1677; 1985, 2048; 1997, 1885; 2001, 3239 )
The
Commission may, in carrying out its duties:
1. Cooperate with the Federal Government, its departments and
agencies.
2. Confer with the regulatory agencies of other states on matters
of mutual concern and benefit to persons served by the public utilities
and alternative sellers of this state.
3. Use the services, records, facilities and cooperation of
federal and state regulatory agencies, and hold joint hearings and
participate in joint conferences to reach decisions in matters which
require cooperation. All necessary expenses incurred in attending
hearings and conferences outside this state are a charge against the
State, and must be paid as other claims against this state are paid. The
claims must be sworn to by the Commissioner who incurred the expense and
approved by the Chairman.
[2:110:1937; 1931 NCL § 6167.12] + [3:110:1937; 1931 NCL § 6167.13]
+ [4:110:1937; 1931 NCL § 6167.14] + [5:110:1937; 1931 NCL §
6167.15]—(NRS A 1967, 1094; 1979, 246; 1997, 1886, 2020; 2003, 630 )
1. A Division of Consumer Complaint Resolution is hereby
established within the Commission.
2. Pursuant to regulations adopted by the Commission, the Division
of Consumer Complaint Resolution shall:
(a) Receive and investigate complaints made against any public
utility or alternative seller;
(b) Conduct appropriate investigations of the service practices of
utility companies or alternative sellers; and
(c) Perform such other functions as are required by law or as the
Commission deems appropriate.
(Added to NRS by 1975, 622; A 1977, 1375; 1979, 247; 1997, 1886,
2020)—(Substituted in revision for NRS 703.290)
1. Upon receiving a request from the State Contractors’ Board to
disconnect a telephone number pursuant to NRS 624.720 , the Commission shall issue an order to the
appropriate provider of telephone service to disconnect the telephone
number.
2. Compliance in good faith by a provider of telephone service
with an order of the Commission to terminate service issued pursuant to
this section shall constitute a complete defense to any civil or criminal
action brought against the provider of telephone service arising from the
termination of service.
3. As used in this section, “provider of telephone service” has
the meaning ascribed to it in NRS 707.355 .
(Added to NRS by 1999, 2858 )
REPORTS, RECORDS AND PUBLICATIONS
The Commission shall
make and publish biennial reports showing its proceedings.
[Part 12:109:1919; 1919 RL p. 3157; NCL § 6111]
1. Except as otherwise provided in this section, all biennial
reports, records, proceedings, papers and files of the Commission must be
open at all reasonable times to the public.
2. The Commission shall, upon receipt of a request from a public
utility, alternative seller, provider of discretionary natural gas
service or provider of new electric resources, prohibit the disclosure of
any applicable information in the possession of the Commission or an
affected governmental entity concerning the public utility, alternative
seller, provider of discretionary natural gas service or provider of new
electric resources, if the Commission determines that the information
would otherwise be entitled to protection as a trade secret or
confidential commercial information pursuant to NRS 49.325 or 600A.070 or Rule 26(c)(7) of the Nevada Rules of
Civil Procedure. Upon making such a determination, the Commission shall
establish the period during which the information must not be disclosed
and a procedure for protecting the information during and after that
period.
[Part 12:109:1919; 1919 RL p. 3157; NCL § 6111]—(NRS A 1995, 385;
2003, 3025 )
1. Each public utility that is regulated by the Commission or
elects to be regulated under an alternative plan of regulation pursuant
to NRS 704.997 , and each alternative
seller, provider of discretionary natural gas service and provider of new
electric resources shall:
(a) Keep uniform and detailed accounts of all applicable business
transacted in this State as required by the Commission by regulation, and
render them to the Commission or an affected governmental entity upon its
request.
(b) Furnish an annual report, with respect to all applicable
business transacted in this State, to the Commission and each affected
governmental entity in the form and detail which the Commission
prescribes by regulation.
2. The reports required by this section must be prepared for each
calendar year and submitted not later than May 15 of the year following
the year for which the report is submitted.
3. If the Commission or an affected governmental entity finds that
necessary information with respect to applicable business transacted in
this State is not contained in a report submitted pursuant to this
section, the Commission or affected governmental entity may call for the
omitted information at any time.
(Added to NRS by 1979, 243; A 1989, 1018; 1995, 2606; 1997, 1883,
2664; 1999, 492 ; 2003, 3026 )
Every annual report, record or statement required by law to
be made to the Commission must be submitted under oath by the proper
officer, agent or person responsible for submitting the report, record or
statement.
(Added to NRS by 1979, 243)
1. Except as otherwise provided in subsection 2, any Commissioner,
any officer or employee of the Commission who is designated by the
Commission, or any officer or employee of an affected governmental entity
who is designated by the affected governmental entity may examine during
regular business hours the books, accounts, records, minutes, papers and
property of any public utility, alternative seller, provider of
discretionary natural gas service or provider of new electric resources
who does business in this State, with respect to such business,
regardless of whether the book, account, record, minutes, paper or
property is located within this State.
2. No personnel records of an employee may be examined pursuant to
subsection 1 unless the records contain information relating to a matter
of public safety or the Commission determines that the examination is
required to protect the interests of the public.
3. As used in this section, “personnel records” does not include:
(a) The name of the employee who is the subject of the record;
(b) The gross compensation and perquisites of the employee;
(c) Any record of the business expenses of the employee;
(d) The title or any description of the position held by the
employee;
(e) The qualifications required for the position held by the
employee;
(f) The business address of the employee;
(g) The telephone number of the employee at his place of business;
(h) The work schedule of the employee;
(i) The date on which the employee began his employment; and
(j) If applicable, the date on which the employment of the employee
was terminated.
(Added to NRS by 1979, 243; A 1995, 386; 1997, 1884; 2003, 3026
)
1. Any books, accounts, records, minutes, papers and property of
any public utility, alternative seller, provider of discretionary natural
gas service or provider of new electric resources that are subject to
examination pursuant to NRS 703.190 or
703.195 and are made available to the
Commission, any officer or employee of the Commission, an affected
governmental entity, any officer or employee of an affected governmental
entity, the Bureau of Consumer Protection in the Office of the Attorney
General or any other person under the condition that the disclosure of
such information to the public be withheld or otherwise limited, must not
be disclosed to the public unless the Commission first determines that
the disclosure is justified.
2. The Commission shall take such actions as are necessary to
protect the confidentiality of such information, including, without
limitation:
(a) Granting such protective orders as it deems necessary; and
(b) Holding closed hearings to receive or examine such information.
3. If the Commission closes a hearing to receive or examine such
information, it shall:
(a) Restrict access to the records and transcripts of such hearings
without the prior approval of the Commission or an order of a court of
competent jurisdiction authorizing access to the records or transcripts;
and
(b) Prohibit any participant at such a hearing from disclosing such
information without the prior authorization of the Commission.
4. A representative of the Regulatory Operations Staff of the
Commission and the Bureau of Consumer Protection:
(a) May attend any closed hearing held pursuant to this section; and
(b) Have access to any records or other information determined to
be confidential pursuant to this section.
5. The Commission shall consider in an open meeting whether the
information reviewed or examined in a closed hearing may be disclosed
without revealing the confidential subject matter of the information. To
the extent the Commission determines the information may be disclosed,
the information must become a part of the records available to the
public. Information which the Commission determines may not be disclosed
must be kept under seal.
(Added to NRS by 1995, 385; A 1997, 1884; 2001, 3239 ; 2003, 3027 )
1. The Commission may collect fees for the filing of any official
document required by this chapter and chapters 704 , 704A , 704B , 705 and 708 of NRS or by a regulation of the Commission.
2. Filing fees may not exceed:
(a) For applications, $200.
(b) For petitions seeking affirmative relief, $200.
(c) For each tariff page which requires public notice and is not
attached to an application, $10. If more than one page is filed at one
time, the total fee may not exceed the cost of notice and publication.
(d) For all other documents which require public notice, $10.
3. If an application or other document is rejected by the
Commission because it is inadequate or inappropriate, the filing fee must
be returned.
4. The Commission may not charge any fee for filing:
(a) A complaint.
(b) A request for a refund pursuant to NRS 702.160 .
(Added to NRS by 1979, 244; A 1985, 2047; 1997, 1885; 2001, 3240
)
Repealed. (See chapter 318, Statutes of
Nevada 2005, at page 1094 .)
The Commission shall
prepare and publish pamphlets and other descriptive material which:
1. Contain information about the Commission and the public
utilities under the jurisdiction of the Commission.
2. Encourage the conservation of energy.
(Added to NRS by 1977, 1375; A 1983, 201)—(Substituted in revision
for NRS 703.300)
ADMINISTRATIVE PROCEEDINGS
1. In any contested case pending before the Commission, the
Regulatory Operations Staff of the Commission may, without filing a
petition for leave to intervene:
(a) Appear and participate in the contested case as an independent
party; and
(b) Be represented by legal counsel in the contested case.
2. A Commissioner may not discuss with a member of the Regulatory
Operations Staff of the Commission any substantive issues of fact or law
concerning a contested case pending before the Commission except upon
notice to all parties to the contested case and an opportunity for all
such parties to participate.
3. As used in this section, “contested case” has the meaning
ascribed to it in NRS 233B.032 .
(Added to NRS by 2001, 3237 )
1. When a complaint is made against any public utility or
alternative seller by any person, that any of the rates, tolls, charges
or schedules for regulated services, or any joint rate or rates are in
any respect unreasonable or unjustly discriminatory, or any regulation,
measurement, practice or act affecting or relating to the production,
transmission or delivery or furnishing of heat, light, gas, coal slurry,
water or power, or any service in connection therewith or the
transmission thereof is, in any respect, unreasonable, insufficient or
unjustly discriminatory, or that any service is inadequate, the Division
of Consumer Complaint Resolution shall investigate the complaint. After
receiving the complaint, the Division shall give a copy of it to the
public utility or alternative seller against whom the complaint is made.
Within a reasonable time thereafter, the public utility or alternative
seller shall provide the Commission with its written response to the
complaint according to the regulations of the Commission.
2. If the Division of Consumer Complaint Resolution is unable to
resolve the complaint, the Division shall transmit the complaint, the
results of its investigation and its recommendation to the Commission. If
the Commission determines that probable cause exists for the complaint,
it shall order a hearing thereof, give notice of the hearing and conduct
the hearing as it would any other hearing.
3. No order affecting a rate, toll, charge, schedule, regulation,
measurement, practice or act complained of may be entered without a
formal hearing unless the hearing is dispensed with as provided in NRS
703.320 .
(Added to NRS by 1979, 244; A 1981, 108; 1983, 201; 1987, 2255;
1995, 2606; 1997, 1886, 2020, 2665; 1999, 492 )
Except as otherwise provided in
subsection 8 of NRS 704.110 :
1. In any matter pending before the Commission, if a hearing is
required by a specific statute or is otherwise required by the
Commission, the Commission shall give notice of the pendency of the
matter to all persons entitled to notice of the hearing. The Commission
shall by regulation specify:
(a) The manner of giving notice in each type of proceeding; and
(b) The persons entitled to notice in each type of proceeding.
2. The Commission shall not dispense with a hearing:
(a) In any matter pending before the Commission pursuant to NRS
704.7561 to 704.7595 , inclusive; or
(b) Except as otherwise provided in subsection 5 of NRS 704.100
, in any matter pending before the
Commission pursuant to NRS 704.061 to
704.110 , inclusive, in which an
electric utility has filed a general rate application or an application
to clear its deferred accounts.
3. In any other matter pending before the Commission, the
Commission may dispense with a hearing and act upon the matter pending
unless, within 10 days after the date of the notice of pendency, a person
entitled to notice of the hearing files with the Commission a request
that the hearing be held. If such a request for a hearing is filed, the
Commission shall give at least 10 days’ notice of the hearing.
4. As used in this section, “electric utility” has the meaning
ascribed to it in NRS 704.187 .
(Added to NRS by 1979, 244; A 1997, 2666; 1999, 492 ; 2001, 343 , 3240 ; 2005, 1918 )
1. A complete record must be kept of all hearings before the
Commission. All testimony at such hearings must be taken down by the
stenographer appointed by the Commission or, under the direction of any
competent person appointed by the Commission, must be reported by sound
recording equipment in the manner authorized for reporting testimony in
district courts. The testimony reported by a stenographer must be
transcribed, and the transcript filed with the record in the matter. The
Commission may by regulation provide for the transcription or safekeeping
of sound recordings. The costs of recording and transcribing testimony at
any hearing, except those hearings ordered pursuant to NRS 703.310 , must be paid by the applicant. If a complaint
is made pursuant to NRS 703.310 by a
customer or by a political subdivision of the State or municipal
organization, the complainant is not liable for any costs. Otherwise, if
there are several applicants or parties to any hearing, the Commission
may apportion the costs among them in its discretion.
2. If a petition is served upon the Commission as provided in NRS
703.373 for the bringing of an action
against the Commission, before the action is reached for trial, the
Commission shall file a certified copy of all proceedings and testimony
taken with the clerk of the court in which the action is pending.
3. A copy of the proceedings and testimony must be furnished to
any party, on payment of a reasonable amount to be fixed by the
Commission, and the amount must be the same for all parties.
4. The provisions of this section do not prohibit the Commission
from:
(a) Restricting access to the records and transcripts of a hearing
pursuant to paragraph (a) of subsection 3 of NRS 703.196 .
(b) Protecting the confidentiality of information pursuant to NRS
704B.310 , 704B.320 or 704B.325 .
(Added to NRS by 1979, 245; A 1983, 967; 1995, 386; 2001, 3241
; 2003, 1257 )
1. Either party is entitled to an order by the Commission for the
appearance of witnesses or the production of books, papers and documents
containing material testimony.
2. Witnesses appearing upon the order of the Commission are
entitled to the same fees and mileage as witnesses in civil actions in
the courts of the State, and the fees and mileage must be paid out of the
State Treasury in the same manner as other claims against the State are
paid. No fees or mileage may be allowed unless the Chairman of the
Commission certifies the correctness of the claim.
(Added to NRS by 1979, 245)
The Commission may require, by order to be served on any person
regulated by the Commission in the same manner as a subpoena in a civil
action, the production at a time and place designated by the Commission
of any books, accounts, papers or records kept by the person in any
office or place outside this State, or verified copies in lieu thereof,
if the Commission so directs, so that an examination may be made by the
Commission or under its direction, or for use as testimony.
(Added to NRS by 1979, 245; A 1981, 109, 1598)
1. If any person ordered to appear before the Commission as a
witness fails to obey the order, the Commission or any Commissioner or
the Secretary of the Commission may apply to the clerk of the nearest
district court for a subpoena commanding the attendance of the witness
before the Commission.
2. The clerk shall issue the subpoena, and a peace officer shall
serve it.
3. Disobedience to a subpoena is a contempt of court and must be
punished accordingly.
(Added to NRS by 1979, 245)
1. The district court for the county in which any investigation or
hearing is being conducted by the Commission pursuant to the provisions
of this title may compel the attendance of witnesses, the giving of
testimony and the production of books and papers as required by any
subpoena issued by the Commission.
2. If any witness refuses to attend or testify or produce any
papers required by a subpoena the Commission may report to the district
court for the county in which the investigation or hearing is pending by
petition, setting forth:
(a) That due notice has been given of the time and place of
attendance of the witness or the production of the books and papers;
(b) That the witness has been subpoenaed in the manner prescribed
in this chapter; and
(c) That the witness has failed and refused to attend or produce
the papers required by subpoena before the Commission in the
investigation or hearing named in the subpoena, or has refused to answer
questions propounded to him in the course of the investigation or hearing,
Ê and asking an order of the court compelling the witness to attend and
testify or produce the books or papers before the Commission.
3. The court, upon petition of the Commission, shall enter an
order directing the witness to appear before the court at a time and
place to be fixed by the court in its order, not more than 10 days from
the date of the order, and show cause why he has not attended or
testified or produced the books or papers before the Commission. A
certified copy of the order must be served upon the witness. If it
appears to the court that the subpoena was regularly issued by the
Commission, the court shall thereupon enter an order that the witness
appear before the Commission at the time and place fixed in the order and
testify or produce the required books or papers, and upon failure to obey
the order the witness must be dealt with as if in contempt of court.
(Added to NRS by 1979, 246)
1. Any party of record to a proceeding before the Commission is
entitled to judicial review of the final decision.
2. Proceedings for review may be instituted by filing a petition
in the District Court in and for Carson City, in and for the county in
which the party resides, or in and for the county where the act on which
the proceeding is based occurred. A petition must be filed within 90 days
after the service of the final decision of the Commission or, if a
rehearing is held, within 30 days after the decision thereon. Copies of
the petition must be served upon the Commission and all other parties of
record.
3. The Commission and other defendants shall file their answers to
the petition within 30 days after the service thereof, whereupon the
action is at issue and they must be ready for a hearing upon 20 days’
notice to either party.
4. The review must be conducted by the court without a jury and be
confined to the record. In cases of alleged irregularities in procedure
before the Commission, not shown in the record, proof thereon may be
taken in the court. The court, upon request, shall hear oral argument and
receive written briefs.
5. All actions brought under this section have precedence over any
civil action of a different nature pending in the court.
6. The court shall not substitute its judgment for that of the
Commission as to the weight of the evidence on questions of fact. The
court may affirm the decision of the Commission or set it aside in whole
or in part if substantial rights of the appellant have been prejudiced
because the administrative findings, inferences, conclusions or decisions
are:
(a) In violation of constitutional or statutory provisions;
(b) In excess of the statutory authority of the Commission;
(c) Made upon unlawful procedure;
(d) Affected by other error of law;
(e) Clearly erroneous in view of the reliable, probative and
substantial evidence on the whole record; or
(f) Arbitrary or capricious or characterized by abuse of discretion.
(Added to NRS by 1983, 965)
1. A court of competent jurisdiction, after hearing, may issue an
injunction suspending or staying any final order of the Commission if:
(a) The applicant has filed a motion for a preliminary injunction;
(b) The applicant has served the motion on the Commission and other
interested parties within 20 days after the rendition of the order on
which the complaint is based;
(c) The court finds there is a reasonable likelihood that the
applicant will prevail on the merits of the matter and will suffer
irreparable injury if injunctive relief is not granted; and
(d) The applicant files a bond or other undertaking to secure the
adverse parties in such manner as the court finds sufficient.
2. The decision of the Commission on each matter considered shall
be deemed reasonable and just until set aside by the court. In all
actions for an injunction or for any other relief, the burden of proof is
upon the party attacking or resisting the order of the Commission to show
by clear and satisfactory evidence that the order is unlawful or
unreasonable.
3. If an injunction is granted by the court and the order
complained of is one which:
(a) Disapproves a public utility’s proposed changes in a schedule
of rates, or any part thereof, pursuant to NRS 704.061 to 704.110 ,
inclusive; or
(b) Otherwise prevents the proposed changes in the schedule, or any
part thereof, from taking effect,
Ê the public utility complaining may place into effect the proposed
changes in the schedule, or any part thereof, pending final determination
by the court having jurisdiction, by filing a bond with the court in such
an amount as the court may fix, conditioned upon the refund to persons
entitled to the excess amount if the proposed changes in the schedule, or
any part thereof, are finally determined by the court to be excessive.
(Added to NRS by 1983, 965; A 1995, 2607; 1997, 1887, 2666; 1999,
492 ; 2001, 3241 )
1. If a court determines that the rate or rates considered by the
Commission are excessive, and that the public utility has collected those
excessive rates, the public utility shall compute and refund the excess
or overpayment of the rate or rates pursuant to a plan approved by the
Commission within 60 days after the entry of the final judgment of the
court.
2. The public utility shall prepare and file with the Commission a
statement and report in affidavit form stating that all money has been
refunded according to the approved plan, and if there are persons to whom
payment has not or cannot be made, the names, addresses and individual
amounts of the refund must be listed in the report. The statement and
report must be filed with the Commission within 90 days after the entry
of final judgment. The public utility shall pay the aggregate amount of
the unpaid refunds to the Commission.
3. The Commission shall:
(a) Retain the aggregate refunds in the Public Utilities Commission
Regulatory Fund subject to the claim of each person entitled thereto for
his share in the refund; and
(b) Pay all valid claims which are presented for payment within 2
years after the date of the entry of final judgment of the court.
Ê All claimants must identify themselves to the satisfaction of the
Commission before payment may be made.
4. Any person has a right of action against the Commission in the
event of a refusal of the Commission to pay his claim if the person’s
name appears in the report filed by the public utility. This action
against the Commission must be brought within 6 months after the refusal
to pay the claim.
5. The Commission shall investigate every case in which a claim is
presented to it by a person claiming a refund under a plan submitted by a
public utility which was approved by the Commission. If the investigation
results in a refusal by the public utility to pay a valid claim, then the
claimant has a right of action against the public utility.
6. Any unclaimed money which remains in the custody of the
Commission at the expiration of the 2-year period escheats to this State.
(Added to NRS by 1983, 966; A 1995, 2607; 1997, 1888, 2667; 1999,
492 )
Any party
to the action, within 60 days after the service of a copy of the order or
judgment of the district court, may appeal to the Supreme Court as in
other civil cases.
(Added to NRS by 1983, 967; A 1997, 1889)
1. Any certificate of public convenience and necessity, permit or
license issued or transferred in accordance with the provisions of NRS
704.001 to 704.751 , inclusive, is not a franchise or irrevocable.
2. Upon receipt of a written complaint or on its own motion, the
Commission may, after investigation and hearing, revoke any certificate,
permit or license, except that the Commission may not revoke the
certificate of a public utility unless the Commission has arranged for
another public utility to provide the service for which the certificate
was granted.
3. If the Commission revokes any certificate, permit or license,
the person who held the certificate, permit or license may seek judicial
review pursuant to the provisions of NRS 703.373 to 703.376 ,
inclusive.
(Added to NRS by 1983, 967; A 1985, 316; 1989, 726; 1997, 1889;
2001, 3242 )
PENALTIES
1. Unless another penalty is specifically provided, any public
utility, alternative seller, provider of discretionary natural gas
service or provider of new electric resources, or any officer, agent or
employee of a public utility, alternative seller, provider of
discretionary natural gas service or provider of new electric resources
who:
(a) Violates any applicable provision of this chapter or chapter
704 , 704B , 705
or 708 of NRS;
(b) Violates any rule or regulation of the Commission; or
(c) Fails, neglects or refuses to obey any order of the Commission
or any order of a court requiring compliance with an order of the
Commission,
Ê is liable for a civil penalty not to exceed $1,000 per day for each day
of the violation and not to exceed $100,000 for any related series of
violations.
2. The amount of any civil penalty to be imposed pursuant to this
section, and the propriety of any compromise of a penalty, must be
determined by a court of competent jurisdiction upon the complaint of the
Commission.
3. Subject to the approval of the court, any civil penalty may be
compromised by the Commission. In determining the amount of the penalty,
or the amount agreed upon in compromise, the appropriateness of the
penalty to the size of the business of the person charged, the gravity of
the violation and the good faith of the person charged in attempting to
achieve compliance, after notification of a violation, must be considered.
4. Any penalty assessed pursuant to this section is not a cost of
service of a public utility and may not be included in any new
application by a public utility for a rate adjustment or rate increase.
(Added to NRS by 1981, 1597; A 1985, 2048; 1997, 1889; 2003, 3027)
