USA Statutes : nevada
Title : Title 58 - ENERGY; PUBLIC UTILITIES AND SIMILAR ENTITIES
Chapter : CHAPTER 704 - REGULATION OF PUBLIC UTILITIES GENERALLY
It is hereby declared to be the purpose and policy of the Legislature in
enacting this chapter:
1. To confer upon the Commission the power, and to make it the
duty of the Commission, to regulate public utilities to the extent of its
jurisdiction;
2. To provide for fair and impartial regulation of public
utilities;
3. To provide for the safe, economic, efficient, prudent and
reliable operation and service of public utilities; and
4. To balance the interests of customers and shareholders of
public utilities by providing public utilities with the opportunity to
earn a fair return on their investments while providing customers with
just and reasonable rates.
(Added to NRS by 1993, 836; A 1997, 1904)
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 704.007
to 704.030 , inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 1985, 1016; A 2001, 3244 )
“Biomass” means any organic matter
that is available on a renewable basis, including, without limitation:
1. Agricultural crops and agricultural wastes and residues;
2. Wood and wood wastes and residues;
3. Animal wastes;
4. Municipal wastes; and
5. Aquatic plants.
(Added to NRS by 2001, 3242 )
“Commission” means the Public
Utilities Commission of Nevada.
(Supplied in revision; A 1985, 1016; 1997, 1904)
“Consumer’s Advocate”
means the Consumer’s Advocate of the Bureau of Consumer Protection in the
Office of the Attorney General.
(Added to NRS by 2001, 3242 )
“Person” is limited to a person
engaged in or intending to engage in the operation of a public utility.
(Added to NRS by 1969, 1161; A 1985, 539, 1016)
1. “Public utility” or “utility” includes:
(a) Any person who owns, operates, manages or controls any railroad
or part of a railroad as a common carrier in this state, or cars or other
equipment used thereon, or bridges, terminals, or sidetracks, or any
docks or wharves or storage elevators used in connection therewith,
whether or not they are owned by the railroad.
(b) Any telephone company that provides a telecommunication service
to the public, but only with regard to those operations of the telephone
company which consist of providing a telecommunication service to the
public.
(c) Any radio or broadcasting company or instrumentality that
provides a common or contract service.
(d) Any company that owns cars of any kind or character, used and
operated as a part of railroad trains, in or through this state. All
duties required of and penalties imposed upon any railroad or any officer
or agent thereof are, insofar as applicable, required of and imposed upon
the owner or operator of any telephone company that provides a
telecommunication service to the public, any radio or broadcasting
company or instrumentality that provides a common or contract service and
any company that owns cars of any kind or character, used and operated as
a part of railroad trains in or through this state, and their officers
and agents, and the Commission may supervise and control all such
companies, instrumentalities and persons to the same extent as railroads.
2. “Public utility” or “utility” also includes:
(a) Any person who owns, operates or controls any ditch, flume,
tunnel or tunnel and drainage system, charging rates, fares or tolls,
directly or indirectly.
(b) Any plant or equipment, or any part of a plant or equipment,
within this state for the production, delivery or furnishing for or to
other persons, including private or municipal corporations, heat, gas,
coal slurry, light, power in any form or by any agency, water for
business, manufacturing, agricultural or household use, or sewerage
service, whether or not within the limits of municipalities.
(c) Any system for the distribution of liquefied petroleum gas to
10 or more users.
Ê The Commission may supervise, regulate and control all such utilities,
subject to the provisions of this chapter and to the exclusion of the
jurisdiction, regulation and control of such utilities by any
municipality, town or village, unless otherwise provided by law.
3. The provisions of this chapter and the term “public utility”
apply to all railroads, express companies, car companies and all
associations of persons, whether or not incorporated, that do any
business as a common carrier upon or over any line of railroad within
this state.
[Part 7:109:1919; A 1925, 243; 1928, 58; NCL § 6106]—(NRS A 1963,
10, 811, 1115; 1967, 1230; 1969, 1155; 1971, 724; 1977, 630; 1981, 154;
1983, 154; 1985, 1016, 2049; 1987, 1541; 1997, 1904; 2003, 3036 )
”
“Public utility” or “utility” does not include:
1. Persons engaged in the production and sale of natural gas,
other than sales to the public, or engaged in the transmission of natural
gas other than as a common carrier transmission or distribution line or
system.
2. Persons engaged in the business of furnishing, for
compensation, water or services for the disposal of sewage, or both, to
persons within this State if:
(a) They serve 25 persons or less; and
(b) Their gross sales for water or services for the disposal of
sewage, or both, amounted to $5,000 or less during the immediately
preceding 12 months.
3. Persons not otherwise engaged in the business of furnishing,
producing or selling water or services for the disposal of sewage, or
both, but who sell or furnish water or services for the disposal of
sewage, or both, as an accommodation in an area where water or services
for the disposal of sewage, or both, are not available from a public
utility, cooperative corporations and associations or political
subdivisions engaged in the business of furnishing water or services for
the disposal of sewage, or both, for compensation, to persons within the
political subdivision.
4. Persons who are engaged in the production and sale of energy,
including electricity, to public utilities, cities, counties or other
entities which are reselling the energy to the public.
5. Persons who are subject to the provisions of NRS 590.465 to 590.645 ,
inclusive.
6. Persons who are engaged in the sale or use of special fuel as
defined in NRS 366.060 .
7. Persons who provide water from water storage, transmission and
treatment facilities if those facilities are for the storage,
transmission or treatment of water from mining operations.
[Part 7:109:1919; A 1925, 243; 1928, 58; NCL § 6106]—(NRS A 1963,
403, 816; 1969, 1001; 1971, 725, 1208; 1979, 1717; 1981, 661; 1983, 234,
1227; 1985, 1017, 2298; 1987, 477, 1388, 1542; 1997, 1905; 2001, 346
)
The
Commission may by subpoena require any person claiming to be exempt from
regulation by reason of NRS 704.030 to
appear before it with all of his relevant books, papers and records, and
to testify concerning the scope, nature and conduct of his business.
(Added to NRS by 1983, 234)
The Commission on Economic Development
may participate in proceedings before the Public Utilities Commission of
Nevada concerning a public utility in the business of supplying
electricity or natural gas to advocate the accommodation of the State
Plan for Industrial Development and Diversification. The Commission on
Economic Development may intervene as a matter of right in a proceeding
pursuant to NRS 704.736 to 704.751
, inclusive, or 704.991 .
(Added to NRS by 1993, 818; A 1997, 1906)
ANNUAL ASSESSMENTS
1. Except as otherwise provided in subsection 6, the Commission
shall levy and collect an annual assessment from all public utilities,
providers of discretionary natural gas service and alternative sellers
subject to the jurisdiction of the Commission.
2. Except as otherwise provided in subsections 3 and 4, the annual
assessment must be:
(a) For the use of the Commission, not more than 3.50 mills; and
(b) For the use of the Consumer’s Advocate, not more than 0.75
mills,
Ê on each dollar of gross operating revenue derived from the intrastate
operations of such utilities, providers of discretionary natural gas
service and alternative sellers in the State of Nevada. The total annual
assessment must be not more than 4.25 mills.
3. The levy for the use of the Consumer’s Advocate must not be
assessed against railroads.
4. The minimum assessment in any 1 year must be $100.
5. The gross operating revenue of the utilities must be determined
for the preceding calendar year. In the case of:
(a) Telephone utilities, except as provided in paragraph (c), the
revenue shall be deemed to be all intrastate revenues.
(b) Railroads, the revenue shall be deemed to be the revenue
received only from freight and passenger intrastate movements.
(c) All public utilities, providers of discretionary natural gas
service and alternative sellers, the revenue does not include the
proceeds of any commodity, energy or service furnished to another public
utility, provider of discretionary natural gas service or alternative
seller for resale.
6. Providers of commercial mobile radio service are not subject to
the annual assessment and, in lieu thereof, shall pay to the Commission
an annual licensing fee of $200.
(Added to NRS by 1963, 1113; A 1965, 543; 1969, 1001; 1971, 726;
1973, 331, 1832; 1975, 907; 1977, 548; 1981, 1678; 1983, 531; 1989, 618;
1997, 1906; 2001, 1762 , 3244 , 3272 ; 2003, 235 )
1. On or before June 15 of each year, the Commission shall mail
revenue report forms to all public utilities, providers of discretionary
natural gas service and alternative sellers under its jurisdiction, to
the address of those utilities, providers of discretionary natural gas
service and alternative sellers on file with the Commission. The revenue
report form serves as notice of the Commission’s intent to assess such
entities, but failure to notify any such entity does not invalidate the
assessment with respect thereto.
2. Each public utility, provider of discretionary natural gas
service and alternative seller subject to the provisions of NRS 704.033
shall complete the revenue report
referred to in subsection 1, compute the assessment and return the
completed revenue report to the Commission accompanied by payment of the
assessment and any penalty due, pursuant to the provisions of subsection
5.
3. The assessment is due on July 1 of each year, but may, at the
option of the public utility, provider of discretionary natural gas
service and alternative seller, be paid quarterly on July 1, October 1,
January 1 and April 1.
4. The assessment computed by the public utility, provider of
discretionary natural gas service or alternative seller is subject to
review and audit by the Commission, and the amount of the assessment may
be adjusted by the Commission as a result of the audit and review.
5. Any public utility, provider of discretionary natural gas
service or alternative seller failing to pay the assessment provided for
in NRS 704.033 on or before August 1,
or if paying quarterly, on or before August 1, October 1, January 1 or
April 1, shall pay, in addition to such assessment, a penalty of 1
percent of the total unpaid balance for each month or portion thereof
that the assessment is delinquent, or $10, whichever is greater, but no
penalty may exceed $1,000 for each delinquent payment.
6. When a public utility, provider of discretionary natural gas
service or alternative seller sells, transfers or conveys substantially
all of its assets or, if applicable, its certificate of public
convenience and necessity, the Commission shall determine, levy and
collect the accrued assessment for the current year not later than 30
days after the sale, transfer or conveyance, unless the transferee has
assumed liability for the assessment. For purposes of this subsection,
the jurisdiction of the Commission over the selling, transferring or
conveying public utility, provider of discretionary natural gas service
or alternative seller continues until it has paid the assessment.
7. The Commission may bring an appropriate action in its own name
for the collection of any assessment and penalty which is not paid as
provided in this section.
8. The Commission shall, upon collection, transfer to the Account
for the Consumer’s Advocate that portion of the assessments collected
which belongs to the Consumer’s Advocate.
(Added to NRS by 1963, 1113; A 1967, 1383; 1969, 1156; 1973, 457,
1833; 1981, 1678; 1989, 1473; 1997, 1907; 2001, 1763 , 3244 , 3272 ; 2003, 372 ; 2005, 1276 )
GENERAL RIGHTS AND OBLIGATIONS
1. Every public utility shall furnish reasonably adequate service
and facilities, and the charges made for any service rendered or to be
rendered, or for any service in connection therewith or incidental
thereto, must be just and reasonable.
2. Every unjust and unreasonable charge for service of a public
utility is unlawful.
3. The Commission may exempt, to the extent it deems reasonable,
services related to telecommunication or public utilities which provide
telecommunication services from any or all of the provisions of this
chapter, upon a determination after hearing that the services are
competitive or discretionary and that regulation thereof is unnecessary.
For the purposes of this subsection, basic local exchange service and
access services provided to interexchange carriers are not discretionary.
4. The Commission shall adopt regulations necessary to establish a
plan of alternative regulation for a public utility that provides
telecommunication services. The plan of alternative regulation may
include, but is not limited to, provisions that:
(a) Allow adjustment of the rates charged by a public utility that
provides telecommunication services during the period in which the
utility elects the plan of alternative regulation.
(b) Provide for flexibility of pricing for discretionary services
and services that are competitive.
(c) Specify the provisions of this chapter, NRS 426.295 and chapter 707 of
NRS that do not apply to a public utility that elects to be regulated
under the plan of alternative regulation.
(d) Except as otherwise provided in this paragraph and NRS
704.68952 , if the public utility is
an incumbent local exchange carrier, allow the incumbent local exchange
carrier to select the duration of the period in which the incumbent local
exchange carrier is to be regulated under the plan of alternative
regulation. The incumbent local exchange carrier may not select a period
that is less than 3 years or more than 5 years. The provisions of this
paragraph do not apply to a plan of alternative regulation of an
incumbent local exchange carrier regulated under a plan of alternative
regulation that was approved by the Commission before June 11, 2003.
5. A public utility that elects to be regulated under a plan of
alternative regulation established pursuant to subsection 4 is not
subject to the remaining provisions of this chapter, NRS 426.295 or chapter 707 of
NRS to the extent specified pursuant to paragraph (c) of subsection 4.
6. All providers of telecommunication services which offer the
same or similar service must be subject to fair and impartial regulation,
to promote adequate, economical and efficient service.
7. The Commission may provide for the levy and collection of an
assessment, in an amount determined by the Commission, from a public
utility that provides telecommunication services in order to maintain the
availability of telephone service. Assessments levied pursuant to this
subsection must be maintained in a separate fund established by the
Commission. The Commission shall contract with an independent
administrator to administer the fund pursuant to open competitive bidding
procedures established by the Commission. The independent administrator
shall collect the assessments levied and distribute them from the fund
pursuant to a plan which has been approved by the Commission. Money in
the fund must be used for the sole purpose of maintaining the
availability of telephone service.
8. As used in this section:
(a) “Incumbent local exchange carrier” has the meaning ascribed to
it in NRS 704.68932 .
(b) “Interexchange carrier” means any person providing intrastate
telecommunications service for a fee between two or more exchanges.
[9:109:1919; 1919 RL p. 3157; NCL § 6108]—(NRS A 1985, 1018; 1989,
579; 1993, 2017; 1995, 402; 2003, 2638 , 3037 )
1. Nothing in this chapter shall be construed to prevent
concentration, commodity, transit and other special contract rates, but
all such rates shall be open to all shippers of a like kind of traffic
under similar circumstances and conditions, and shall be subject to the
provisions of this chapter as to the printing and filing of the same.
2. All such rates shall be under the supervision and regulation of
the Commission.
[16:109:1919; 1919 RL p. 3159; NCL § 6115]
Nothing in this chapter shall be construed:
1. To allow any railroad to charge more for a shorter than for a
longer haul, either for passengers or freight, when the shorter haul is
included within the longer; or
2. To authorize the Commission to allow such charge to be made.
[20:109:1919; 1919 RL p. 3161; NCL § 6120]
RATES AND SCHEDULES
As used in NRS 704.061 to 704.110 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 704.062 , 704.065 and 704.066
have the meanings ascribed to them in those sections.
(Added to NRS by 2001, 3243 )
“Application to make changes in any schedule” and
“application” include, without limitation:
1. A general rate application;
2. An application to recover the increased cost of purchased fuel,
purchased power, or natural gas purchased for resale; and
3. An application to clear deferred accounts.
(Added to NRS by 2001, 3243 )
“Rate” means any individual or joint
rate, toll or charge imposed by a public utility for a service performed
or product furnished by the public utility.
(Added to NRS by 2001, 3243 )
”Schedule” means any schedule
that establishes or otherwise sets the rates for a public utility and any
individual or joint rule, regulation, practice, classification or
measurement that in any manner affects those rates.
(Added to NRS by 2001, 3243 )
For the
purposes of NRS 704.061 to 704.110
, inclusive, a public utility shall be
deemed to make changes in a schedule if the public utility implements a
new schedule or amends an existing schedule.
(Added to NRS by 2001, 3243 )
1. Except as otherwise provided in subsection 8 of NRS 704.110
, the Commission shall conduct a
consumer session to solicit comments from the public in any matter
pending before the Commission pursuant to NRS 704.061 to 704.110 ,
inclusive, in which:
(a) A public utility has filed a general rate application, an
application to recover the increased cost of purchased fuel, purchased
power, or natural gas purchased for resale or an application to clear its
deferred accounts; and
(b) The changes proposed in the application will result in an
increase in annual gross operating revenue, as certified by the
applicant, in an amount that will exceed $50,000 or 10 percent of the
applicant’s annual gross operating revenue, whichever is less.
2. In addition to the case-specific consumer sessions required by
subsection 1, the Commission shall, during each calendar year, conduct at
least one general consumer session in the county with the largest
population in this State and at least one general consumer session in the
county with the second largest population in this State. At each general
consumer session, the Commission shall solicit comments from the public
on issues concerning public utilities. Not later than 60 days after each
general consumer session, the Commission shall submit the record from the
general consumer session to the Legislative Commission.
(Added to NRS by 2001, 3243 ; A 2005, 1919 )
Unless exempt under the provisions of
NRS 704.075 , 704.095 or 704.097 :
1. Each public utility shall file with the Commission, within a
time to be fixed by the Commission, a copy of all schedules that are
currently in force for the public utility. Such schedules must be open to
public inspection.
2. A copy of each schedule that is currently in force for the
public utility, or so much of the schedule as the Commission deems
necessary for inspection by the public, must be:
(a) Printed in plain type and posted in each office of the public
utility where payments are made to the public utility by its customers;
and
(b) Open to inspection by the public and in such form and place as
to be readily accessible to and conveniently inspected by the public.
[Part 14:109:1919; A 1933, 228; 1931 NCL § 6113]—(NRS A 1985, 1126;
1989, 1834; 2001, 3245 )
1. As used in this section, with respect to the sale of natural
gas:
(a) “Generating customer” means a customer who generates
electricity by burning natural gas.
(b) “Industrial customer” means a customer engaged primarily in
manufacturing or processing which changes raw or unfinished materials
into another form or creates another product.
(c) “Large commercial customer” means a customer whose requirements
equal or exceed 50,000 cubic feet of natural gas per day on any day and
which is an institution, an agency of federal, state or local government,
or engaged primarily in renting out offices or other commercial space, in
providing lodging or in the sale of other goods or services.
2. The Commission shall establish standards for the setting,
increase or decrease of rates for natural gas to generating, industrial
and large commercial customers. These standards must authorize increases
or decreases on less than 30 days’ notice. Establishing different classes
of customers, and charging different rates to customers of the same
class, for these customers do not violate this chapter.
3. The Commission may, for sales to generating, industrial and
large commercial customers:
(a) Exempt the rates for natural gas from those provisions of NRS
704.070 , 704.100 and 704.110
that the Commission determines are not needed to protect the public
interest.
(b) Authorize the establishment of different classes of customer or
the charging of different rates for customers of the same class, based on
value of the service and on the customer’s ability to change from one
fuel to another.
(Added to NRS by 1985, 1125; A 2001, 3246 )
The Commission shall adopt regulations which provide a simplified
procedure or methodology for a change of rates for those public utilities
which furnish water or services for the disposal of sewage, or both, to
persons within this State for compensation, and which:
1. Serve 3,000 or fewer persons; and
2. Had during the immediately preceding 12-month period gross
sales for water or services for the disposal of sewage, or both,
amounting to $1,000,000 or less.
(Added to NRS by 1979, 1717; A 1987, 477; 1991, 144; 2001, 1764
)
The Commission may
adopt regulations which provide simplified procedures for obtaining
certificates of public convenience and necessity and for changing rates
for those public utilities which furnish only liquefied petroleum gas.
(Added to NRS by 1989, 1834)
Except as otherwise provided in NRS 704.075 and 704.68904 to 704.68984 , inclusive, or as may otherwise be provided
by the Commission pursuant to NRS 704.095 or 704.097
or pursuant to the regulations adopted by the Commission in accordance
with subsection 4 of NRS 704.040 :
1. A public utility shall not make changes in any schedule, unless
the public utility:
(a) Files with the Commission an application to make the proposed
changes and the Commission approves the proposed changes pursuant to NRS
704.110 ; or
(b) Files the proposed changes with the Commission using a letter
of advice in accordance with the provisions of subsection 5.
2. A public utility shall adjust its rates on a quarterly basis
between annual rate adjustment applications pursuant to subsection 8 of
NRS 704.110 based on changes in the
public utility’s recorded costs of natural gas purchased for resale.
3. A public utility shall post copies of all proposed schedules
and all new or amended schedules in the same offices and in substantially
the same form, manner and places as required by NRS 704.070 for the posting of copies of schedules that
are currently in force.
4. A public utility may not set forth as justification for a rate
increase any items of expense or rate base that previously have been
considered and disallowed by the Commission, unless those items are
clearly identified in the application and new facts or considerations of
policy for each item are advanced in the application to justify a
reversal of the prior decision of the Commission.
5. Except as otherwise provided in subsection 6, if the proposed
change in any schedule does not change any rate or will result in an
increase in annual gross operating revenue, as certified by the public
utility, in an amount that does not exceed $2,500:
(a) The public utility may file the proposed change with the
Commission using a letter of advice in lieu of filing an application; and
(b) The Commission shall determine whether it should dispense with
a hearing regarding the proposed change.
6. If the applicant is a public utility furnishing telephone
service and the proposed change in any schedule will result in an
increase in annual gross operating revenue, as certified by the
applicant, in an amount that does not exceed $50,000 or 10 percent of the
applicant’s annual gross operating revenue, whichever is less, the
Commission shall determine whether it should dispense with a hearing
regarding the proposed change.
7. In making the determination pursuant to subsection 5 or 6, the
Commission shall first consider all timely written protests, any
presentation that the Regulatory Operations Staff of the Commission may
desire to present, the application of the public utility and any other
matters deemed relevant by the Commission.
[14:109:1919; A 1933, 228; 1931 NCL § 6113]—(NRS A 1971, 1117;
1975, 1450; 1979, 1718; 1985, 636, 1126; 1987, 653, 1694; 1989, 1834;
2001, 3246 ; 2003, 3038 ; 2005, 1919 )
Except as otherwise provided in NRS 704.075
and 704.68904 to 704.68984 , inclusive, or as may otherwise be provided
by the Commission pursuant to NRS 704.095 or 704.097
or pursuant to the regulations adopted by the Commission in accordance
with subsection 4 of NRS 704.040 :
1. If a public utility files with the Commission an application to
make changes in any schedule, including, without limitation, changes that
will result in a discontinuance, modification or restriction of service,
the Commission shall investigate the propriety of the proposed changes to
determine whether to approve or disapprove the proposed changes. If an
electric utility files such an application and the application is a
general rate application or an application to clear its deferred
accounts, the Consumer’s Advocate shall be deemed a party of record.
2. Except as otherwise provided in subsections 3 and 13, if a
public utility files with the Commission an application to make changes
in any schedule, the Commission shall issue a written order approving or
disapproving, in whole or in part, the proposed changes:
(a) For a public utility that is a PAR carrier, not later than 180
days after the date on which the application is filed; and
(b) For all other public utilities, not later than 210 days after
the date on which the application is filed.
3. If a public utility files with the Commission a general rate
application, the public utility shall submit with its application a
statement showing the recorded results of revenues, expenses, investments
and costs of capital for its most recent 12 months for which data were
available when the application was prepared. Except as otherwise provided
in subsection 4, in determining whether to approve or disapprove any
increased rates, the Commission shall consider evidence in support of the
increased rates based upon actual recorded results of operations for the
same 12 months, adjusted for increased revenues, any increased investment
in facilities, increased expenses for depreciation, certain other
operating expenses as approved by the Commission and changes in the costs
of securities which are known and are measurable with reasonable accuracy
at the time of filing and which will become effective within 6 months
after the last month of those 12 months, but the public utility shall not
place into effect any increased rates until the changes have been
experienced and certified by the public utility to the Commission and the
Commission has approved the increased rates. The Commission shall also
consider evidence supporting expenses for depreciation, calculated on an
annual basis, applicable to major components of the public utility’s
plant placed into service during the recorded test period or the period
for certification as set forth in the application. Adjustments to
revenues, operating expenses and costs of securities must be calculated
on an annual basis. Within 90 days after the date on which the
certification required by this subsection is filed with the Commission,
or within the period set forth in subsection 2, whichever time is longer,
the Commission shall make such order in reference to the increased rates
as is required by this chapter. An electric utility shall file a general
rate application pursuant to this subsection at least once every 24
months based on the following schedule:
(a) An electric utility that primarily serves less densely
populated counties shall file a general rate application on or before
October 3, 2005, and at least once every 24 months thereafter.
(b) An electric utility that primarily serves densely populated
counties shall file a general rate application on or before November 15,
2006, and at least once every 24 months thereafter.
4. In addition to submitting the statement required pursuant to
subsection 3, a public utility which purchases natural gas for resale may
submit with its general rate application a statement showing the effects,
on an annualized basis, of all expected changes in circumstances. If such
a statement is filed, it must include all increases and decreases in
revenue and expenses which may occur within 210 days after the date on
which its general rate application is filed with the Commission if such
expected changes in circumstances are reasonably known and are measurable
with reasonable accuracy. If a public utility submits such a statement,
the public utility has the burden of proving that the expected changes in
circumstances set forth in the statement are reasonably known and are
measurable with reasonable accuracy. If the Commission determines that
the public utility has met its burden of proof:
(a) The Commission shall consider the statement submitted pursuant
to this subsection and evidence relevant to the statement in addition to
the statement required pursuant to subsection 3 as evidence in
establishing just and reasonable rates for the public utility; and
(b) The public utility is not required to file with the Commission
the certification that would otherwise be required pursuant to subsection
3.
5. If a public utility files with the Commission an application to
make changes in any schedule and the Commission does not issue a final
written order regarding the proposed changes within the time required by
this section, the proposed changes shall be deemed to be approved by the
Commission.
6. If a public utility files with the Commission a general rate
application, the public utility shall not file with the Commission
another general rate application until all pending general rate
applications filed by that public utility have been decided by the
Commission unless, after application and hearing, the Commission
determines that a substantial financial emergency would exist if the
public utility is not permitted to file another general rate application
sooner. The provisions of this subsection do not prohibit the public
utility from filing with the Commission, while a general rate application
is pending, an application to recover the increased cost of purchased
fuel, purchased power, or natural gas purchased for resale pursuant to
subsection 7 or an application to clear its deferred accounts pursuant to
subsection 9, if the public utility is otherwise authorized by those
provisions to file such an application.
7. A public utility may file an application to recover the
increased cost of purchased fuel, purchased power, or natural gas
purchased for resale once every 30 days. The provisions of this
subsection do not apply to:
(a) An electric utility using deferred accounting pursuant to NRS
704.187 ; or
(b) A public utility which purchases natural gas for resale and
which adjusts its rates on a quarterly basis between annual rate
adjustment applications pursuant to subsection 8.
8. A public utility which purchases natural gas for resale must
request approval from the Commission to adjust its rates on a quarterly
basis between annual rate adjustment applications based on changes in the
public utility’s recorded costs of natural gas purchased for resale. If
the Commission approves such a request:
(a) The public utility shall file written notice with the
Commission before the public utility makes a quarterly rate adjustment
between annual rate adjustment applications. A quarterly rate adjustment
is not subject to the requirements for notice and a hearing pursuant to
NRS 703.320 or the requirements for a
consumer session pursuant to subsection 1 of NRS 704.069 .
(b) The public utility shall provide written notice of each
quarterly rate adjustment to its customers by including the written
notice with a customer’s regular monthly bill. The public utility shall
begin providing such written notice to its customers not later than 30
days after the date on which the public utility files its written notice
with the Commission pursuant to paragraph (a). The written notice that is
included with a customer’s regular monthly bill:
(1) Must be printed separately on fluorescent-colored paper
and must not be attached to the pages of the bill; and
(2) Must include the following:
(I) The total amount of the increase or decrease in
the public utility’s revenues from the rate adjustment, stated in dollars
and as a percentage;
(II) The amount of the monthly increase or decrease in
charges for each class of customer or class of service, stated in dollars
and as a percentage;
(III) A statement that customers may send written
comments or protests regarding the rate adjustment to the Commission; and
(IV) Any other information required by the Commission.
(c) The public utility shall file an annual rate adjustment
application with the Commission. The annual rate adjustment application
is subject to the requirements for notice and a hearing pursuant to NRS
703.320 and the requirements for a
consumer session pursuant to subsection 1 of NRS 704.069 .
(d) The proceeding regarding the annual rate adjustment application
must include a review of each quarterly rate adjustment and a review of
the transactions and recorded costs of natural gas included in each
quarterly rate adjustment and the annual rate adjustment application.
There is no presumption of reasonableness or prudence for any quarterly
rate adjustment or for any transactions or recorded costs of natural gas
included in any quarterly rate adjustment or the annual rate adjustment
application, and the public utility has the burden of proving
reasonableness and prudence in the proceeding.
(e) The Commission shall not allow the public utility to recover
any recorded costs of natural gas which were the result of any practice
or transaction that was unreasonable or was undertaken, managed or
performed imprudently by the public utility, and the Commission shall
order the public utility to adjust its rates if the Commission determines
that any recorded costs of natural gas included in any quarterly rate
adjustment or the annual rate adjustment application were not reasonable
or prudent.
9. Except as otherwise provided in subsection 10 and subsection 5
of NRS 704.100 , if an electric utility
using deferred accounting pursuant to NRS 704.187 files an application to clear its deferred
accounts and to change one or more of its rates based upon changes in the
costs for purchased fuel or purchased power, the Commission, after a
public hearing and by an appropriate order:
(a) Shall allow the electric utility to clear its deferred accounts
by refunding any credit balance or recovering any debit balance over a
period not to exceed 3 years, as determined by the Commission.
(b) Shall not allow the electric utility to recover any debit
balance, or portion thereof, in an amount that would result in a rate of
return during the period of recovery that exceeds the rate of return
authorized by the Commission in the most recently completed rate
proceeding for the electric utility.
10. Before allowing an electric utility to clear its deferred
accounts pursuant to subsection 9, the Commission shall determine whether
the costs for purchased fuel and purchased power that the electric
utility recorded in its deferred accounts are recoverable and whether the
revenues that the electric utility collected from customers in this State
for purchased fuel and purchased power are properly recorded and credited
in its deferred accounts. The Commission shall not allow the electric
utility to recover any costs for purchased fuel and purchased power that
were the result of any practice or transaction that was undertaken,
managed or performed imprudently by the electric utility.
11. If an electric utility files an application to clear its
deferred accounts pursuant to subsection 9 while a general rate
application is pending, the electric utility shall:
(a) Submit with its application to clear its deferred accounts
information relating to the cost of service and rate design; and
(b) Supplement its general rate application with the same
information, if such information was not submitted with the general rate
application.
12. A utility facility identified in a 3-year plan submitted
pursuant to NRS 704.741 and accepted by
the Commission for acquisition or construction pursuant to NRS 704.751
and the regulations adopted pursuant
thereto shall be deemed to be a prudent investment. The utility may
recover all just and reasonable costs of planning and constructing such a
facility.
13. A PAR carrier may, in accordance with this section and NRS
704.100 , file with the Commission a
request to approve or change any schedule to provide volume or duration
discounts to rates for telecommunication service for an offering made to
all or any class of business customers. The Commission may conduct a
hearing relating to the request, which must occur within 45 days after
the date the request is filed with the Commission. The request and
schedule shall be deemed approved if the request and schedule are not
disapproved by the Commission within 60 days after the date the
Commission receives the request.
14. As used in this section:
(a) “Electric utility” has the meaning ascribed to it in NRS
704.187 .
(b) “Electric utility that primarily serves densely populated
counties” has the meaning ascribed to it in NRS 704.187 .
(c) “Electric utility that primarily serves less densely populated
counties” has the meaning ascribed to it in NRS 704.187 .
(d) “PAR carrier” has the meaning ascribed to it in NRS 704.68942
.
[Part 14:109:1919; A 1933, 228; 1931 NCL § 6113]—(NRS A 1969, 998;
1975, 1451, 1559; 1977, 482; 1979, 1106, 1719; 1983, 240; 1985, 636,
1127; 1989, 1012, 1835; 1991, 776; 1997, 1908; 1999, 3261 ; 2001, 347 , 3247 ; 2003, 3039 ; 2005, 1277 , 1920 )
1. If, upon any hearing and after due investigation, the rates,
tolls, charges, schedules or joint rates shall be found to be unjust,
unreasonable or unjustly discriminatory, or to be preferential, or
otherwise in violation of any of the provisions of this chapter, the
Commission shall have the power to fix and order substituted therefor
such rate or rates, tolls, charges or schedules as shall be just and
reasonable.
2. If it shall in like manner be found that any regulation,
measurement, practice, act or service complained of is unjust,
unreasonable, insufficient, preferential, unjustly discriminatory or
otherwise in violation of the provisions of this chapter, or if it be
found that the service is inadequate, or that any reasonable service
cannot be obtained, the Commission shall have the power to substitute
therefor such other regulations, measurements, practices, service or acts
and make such order relating thereto as may be just and reasonable.
3. When complaint is made of more than one rate, charge or
practice, the Commission may, in its discretion, order separate hearings
upon the several matters complained of and at such times and places as it
may prescribe.
4. No complaint shall at any time be dismissed because of the
absence of direct damage to the complainant.
5. The Commission may at any time, upon its own motion,
investigate any of the rates, tolls, charges, rules, regulations,
practices and service, and, after a full hearing as above provided, by
order, make such changes as may be just and reasonable, the same as if a
formal complaint had been made.
[27:109:1919; 1919 RL p. 3163; NCL § 6127]
1. All rates, charges, classifications and joint rates fixed by
the Commission are in force, and are prima facie lawful, from the date of
the order until changed or modified by the Commission, or pursuant to NRS
703.373 to 703.376 , inclusive.
2. All regulations, practices and service prescribed by the
Commission must be enforced and are prima facie reasonable unless
suspended or found otherwise in an action brought for the purpose,
pursuant to the provisions of NRS 703.373 to 703.376 ,
inclusive, or until changed or modified by the Commission itself upon
satisfactory showing made, or by the public utility by filing a bond
pursuant to NRS 703.374 .
[32:109:1919; A 1955, 407]—(NRS A 1983, 968; 1997, 1909)
1. It is unlawful for any person engaged in business as a public
utility to give or furnish to any state, district, county or municipal
officer of this State, or to any person other than those named herein,
any pass, frank, free or reduced transportation, or for any state,
district, county or municipal officer to accept any pass, frank, free or
reduced transportation.
2. This section does not prevent the carriage, storage or hauling
of property free or at reduced rates for the United States, the State of
Nevada, or any political subdivision thereof, for charitable purposes.
3. This chapter does not prohibit a public utility from giving
free or reduced rates for transportation of:
(a) Its own officers, Commission agents, employees, attorneys,
physicians and surgeons and members of their families, and pensioned and
disabled ex-employees, their minor children or dependents, or witnesses
attending any legal investigation in which such carrier is interested.
(b) Inmates of hospitals or charitable institutions and persons
over 65 years of age.
(c) Persons who are physically handicapped or mentally handicapped
and who present a written statement from a physician to that effect.
(d) Persons injured in accidents or wrecks and physicians and
nurses attending such persons.
(e) Persons providing relief in cases of common disaster, or for
contractors and their employees, in carrying out their contract with such
carrier.
(f) Peace officers when on official duty.
(g) Attendants of livestock or other property requiring the care of
an attendant, including return passage to the place of shipment, if there
is no discrimination among such shippers of a similar class.
(h) Employees of other carriers subject to regulation in any
respect by the Commission, or for the officers, agents, employees,
attorneys, physicians and surgeons of such other carriers, and the
members of their families.
4. This chapter does not prohibit public utilities from giving
reduced rates for transportation to:
(a) Indigent, destitute or homeless persons, when under the care or
responsibility of charitable societies, institutions or hospitals, and
the necessary agents employed in such transportation.
(b) Students of institutions of learning.
5. “Employees,” as used in this section, includes furloughed,
pensioned and superannuated employees, and persons who have become
disabled or infirm in the service of any such carrier, and persons
traveling for the purpose of entering the service of any such carrier.
6. Any person violating the provisions of this section shall be
punished by a fine of not more than $500.
[21:109:1919; A 1928, 21; 1931, 18; 1947, 74; 1943 NCL § 6121]—(NRS
A 1967, 655; 1969, 1157; 1971, 726; 1979, 203)
GENERAL STANDARDS AND PRACTICES
1. All physically or mentally handicapped persons are entitled to
the full and equal enjoyment of the facilities of any common carrier or
other means of public conveyance and transportation operating within this
state.
2. It is unlawful for any person, firm, partnership or corporation
to deny any of the privileges granted by subsection 1.
3. It is unlawful for any common carrier or other means of public
conveyance or transportation operating within this state, to deny the
equal enjoyment of its services and facilities to a physically
handicapped person by the arbitrary, capricious or unreasonable
interference, direct or indirect, with the use of aids and appliances
used by such physically handicapped person for purposes of mobility.
(Added to NRS by 1969, 587; A 1971, 1058; 1979, 204)
1. It is unlawful for a common carrier or other means of public
conveyance or transportation operating in this State to:
(a) Refuse service to a person with a disability because he is
accompanied by a service animal;
(b) Refuse service to a person who is training a service animal
because he is accompanied by the service animal in training; or
(c) Charge an additional fee or a deposit for a service animal or
service animal in training.
2. This section does not relieve a person with a disability who is
accompanied by a service animal or a person who trains a service animal
from liability for damage which may be caused by the service animal or
service animal in training.
3. Persons with disabilities accompanied by service animals on
common carriers or other means of public conveyance or transportation
operating in this State are subject to the same conditions and
limitations that apply to persons without disabilities who are not so
accompanied.
4. A common carrier or other means of public conveyance or
transportation operating in this State that violates any of the
provisions of subsection 1 is civilly liable to the person against whom
the violation was committed for:
(a) Actual damages;
(b) Such punitive damages as may be determined by a jury, or by a
court sitting without a jury, which must not be more than three times the
amount of actual damages, except that in no case may the punitive damages
be less than $750; and
(c) Reasonable attorney’s fees as determined by the court.
5. The remedies provided in this section are nonexclusive and are
in addition to any other remedy provided by law, including, without
limitation, any action for injunctive or other equitable relief available
to the aggrieved person or brought in the name of the people of this
State or the United States.
6. As used in this section:
(a) “Service animal” has the meaning ascribed to it in NRS 426.097
.
(b) “Service animal in training” has the meaning ascribed to it in
NRS 426.099 .
(Added to NRS by 1969, 587; A 1971, 1059; 1973, 1499; 1981, 1921;
1987, 825; 1995, 1996; 1997, 76; 2003, 2639 , 2978 ; 2005, 634 )
All railroad corporations whose tracks connect
shall transfer cars reciprocally from one railroad to the other upon
demand of shippers or of the railroad concerned at just and reasonable
charges to be fixed by the Commission.
[19:109:1919; 1919 RL p. 3160; NCL § 6119]
1. Every railroad shall provide and maintain adequate depots and
depot buildings at its regular stations and establish new stations
wherever required, for the accommodation of passengers. Depot buildings
shall be kept clean, well lighted and warm for the comfort and
accommodation of the traveling public.
2. All railroads shall keep and maintain adequate and suitable
freight depots, wherever needed, buildings, switches and sidetracks for
the receiving, handling and delivering of freight transported or to be
transported by such railroad.
[22:109:1919; 1919 RL p. 3161; NCL § 6122]
1. Every railroad shall, when within its power to do so, and upon
reasonable notice, furnish suitable cars to any and all persons who may
apply therefor, for the transportation of any and all kinds of freight in
carload lots. In case of insufficiency of cars at any time to meet all
requirements, such cars as are available shall be distributed among the
several applicants therefor in proportion to their respective immediate
requirements without discrimination between shippers or competitive or
noncompetitive places. Preference may be given to shipments of livestock
and perishable property.
2. The Commission shall have the power to enforce reasonable
regulations for furnishing cars to shippers, and switching the same, and
for the loading and unloading thereof, and the weighing of the cars and
freight offered for shipment over any line of railroad.
[23:109:1919; 1919 RL p. 3161; NCL § 6123]
1. Except as provided in subsection 2, any public utility which
installs or modifies any electrical supply line in any building or
facility which it owns or operates, if the building or facility is open
and accessible to the general public, shall perform such installation or
modification as if the National Electrical Code adopted by the National
Fire Protection Association applied to such work, and any local
government which regulates electrical construction shall inspect such
work within its jurisdiction for compliance with this section.
2. Communication equipment and related apparatus are exempted from
the provisions of subsection 1 only if the equipment and apparatus is
owned, installed, operated and maintained by a public utility which
provides communication services under the jurisdiction of the Commission.
(Added to NRS by 1977, 1493)
1. The Commission may order an examination of the condition and
management of any public utility under its jurisdiction which is a
telephone company, electric light, heat and power company or a natural
gas company.
2. The Commission and the public utilities shall establish, and
revise annually, a list of not less than 20 persons qualified to conduct
such examinations.
3. If an examination is ordered:
(a) The public utility shall select a person to conduct the
examination from such list; and
(b) The Commission, the public utility and the person selected
shall determine the manner, scope and cost of the examination and the
content and form of reports issued at the conclusion of the examination.
4. Except where the Commission, after a hearing, determines that
an examination of a public utility is in the public interest, the
Commission shall not order an examination if a prior examination has been
conducted within the preceding 5 years.
5. The costs of an examination are allowable expenses of the
public utility for the purpose of rate making.
(Added to NRS by 1977, 1375; A 1985, 2050)
1. For the purposes of protecting the health of residential
customers who receive gas, water or electricity from public utilities,
the Commission shall adopt or amend regulations that:
(a) Establish the criteria that will be used to determine when a
public utility is required to postpone its termination of utility service
to the residence of a residential customer who has failed to pay for such
service. Such criteria may be based in part upon the residential
customer’s ability to pay.
(b) Require a public utility to postpone its termination of utility
service to the residence of a residential customer who has failed to pay
for such service if the residential customer satisfies the criteria
established by the Commission and termination of the utility service is
reasonably likely to threaten the health of an occupant of the residence
of the residential customer.
2. In addition to the regulations adopted pursuant to subsection
1, for the purposes of regulating public utilities that provide gas,
water or electricity to landlords who pay for the utility service and who
distribute or resell the gas, water or electricity to one or more
residential tenants, the Commission shall adopt or amend regulations to
require a public utility to use its best efforts to post, in a
conspicuous location, notice of the intent of the public utility to
terminate utility service because the landlord has failed to pay for such
service. Such notice must provide sufficient information to allow
residential tenants or their occupants to contact the public utility if
termination of the utility service is reasonably likely to threaten the
health of an occupant of the residence of a residential tenant.
3. A public utility shall not terminate utility service for gas,
water or electricity without complying with the regulations adopted by
the Commission pursuant to this section.
4. As used in this section:
(a) “Gas” includes, without limitation, liquefied petroleum gas and
natural gas.
(b) “Landlord” means a landlord who is subject, in whole or in
part, to the provisions of chapter 118A or
118B of NRS.
(Added to NRS by 2001, 3242 )
DEFERRED ACCOUNTING
1. Except as otherwise provided in subsection 8 of NRS 704.110
, a public utility which purchases
natural gas for resale may record upon its books and records in deferred
accounts all cost increases or decreases in the natural gas purchased for
resale. Any public utility which uses deferred accounting to reflect
changes in costs of natural gas purchased for resale shall include in its
annual report to the Commission a statement showing the allocated rate of
return for each of its operating departments in Nevada which uses
deferred accounting.
2. If the rate of return for any department using deferred
accounting pursuant to subsection 1 is greater than the rate of return
allowed by the Commission in the last rate proceeding, the Commission
shall order the utility which recovered any costs of natural gas
purchased for resale through rates during the reported period to transfer
to the next energy adjustment period that portion of such recovered
amounts which exceeds the authorized rate of return.
3. A public utility which purchases natural gas for resale may
request approval from the Commission to record upon its books and records
in deferred accounts any other cost or revenue which the Commission deems
appropriate for deferred accounting and which is not otherwise subject to
the provisions of subsections 1 and 2. If the Commission approves such a
request, the Commission shall determine the appropriate requirements for
reporting and recovery that the public utility must follow with regard to
each such deferred account.
(Added to NRS by 1975, 1560; A 1979, 1108; 1999, 3263 ; 2003, 1257 ; 2005, 1924 )
1. Except as otherwise provided in section 36 of chapter 16,
Statutes of Nevada 2001, beginning on March 1, 2001, an electric utility
that purchases fuel or power shall use deferred accounting by recording
upon its books and records in deferred accounts all increases and
decreases in costs for purchased fuel and purchased power that are
prudently incurred by the electric utility.
2. An electric utility using deferred accounting shall include in
its annual report to the Commission a statement showing, for the period
of recovery, the allocated rate of return for each of its operating
departments in this State using deferred accounting. If, during the
period of recovery, the rate of return for any operating department using
deferred accounting is greater than the rate of return authorized by the
Commission in the most recently completed rate proceeding for the
electric utility, the Commission shall order the electric utility that
recovered costs for purchased fuel or purchased power through its rates
during the reported period to transfer to the next energy adjustment
period that portion of the amount recovered by the electric utility that
exceeds the authorized rate of return.
3. Except as otherwise provided in this section, an electric
utility using deferred accounting shall file an annual application to
clear its deferred accounts based on the following schedule:
(a) An electric utility that primarily serves less densely
populated counties shall file an annual application to clear its deferred
accounts on December 1, 2005, and in December of each year thereafter on
a date specified by the Commission.
(b) An electric utility that primarily serves densely populated
counties shall file an annual application to clear its deferred accounts
on January 17, 2006, and in January of each year thereafter on a date
specified by the Commission.
4. An electric utility using deferred accounting may file a
semiannual application to clear its deferred accounts if the net change
in revenues necessary to clear its deferred accounts for the reported
period is more than 5 percent of the total revenues generated by the
electric utility during that period from its rates for purchased fuel and
purchased power most recently authorized by the Commission.
5. As used in this section:
(a) “Application to clear its deferred accounts” means an
application filed by an electric utility pursuant to this section and
subsection 9 of NRS 704.110 .
(b) “Costs for purchased fuel and purchased power” means all costs
which are prudently incurred by an electric utility and which are
required to purchase fuel, to purchase capacity and to purchase energy.
The term does not include any costs that the Commission determines are
not recoverable pursuant to subsection 10 of NRS 704.110 .
(c) “Electric utility” means any public utility or successor in
interest that:
(1) Is in the business of providing electric service to
customers;
(2) Holds a certificate of public convenience and necessity
issued or transferred pursuant to this chapter; and
(3) In the most recently completed calendar year or in any
other calendar year within the 7 calendar years immediately preceding the
most recently completed calendar year, had a gross operating revenue of
$250,000,000 or more in this State.
Ê The term does not include a cooperative association, nonprofit
corporation, nonprofit association or provider of electric service which
is declared to be a public utility pursuant to NRS 704.673 and which provides service only to its members.
(d) “Electric utility that primarily serves densely populated
counties” means an electric utility that, with regard to the provision of
electric service, derives more of its annual gross operating revenue in
this State from customers located in counties whose population is 400,000
or more than it does from customers located in counties whose population
is less than 400,000.
(e) “Electric utility that primarily serves less densely populated
counties” means an electric utility that, with regard to the provision of
electric service, derives more of its annual gross operating revenue in
this State from customers located in counties whose population is less
than 400,000 than it does from customers located in counties whose
population is 400,000 or more.
(Added to NRS by 2001, 345 ; A 2005, 1279 , 1924 )
REPORTS AND RECORDS
1. Every public utility operating in this State shall, whenever an
accident occurs in the conduct of its operation causing death, give
prompt notice thereof to the Commission, in such manner and within such
time as the Commission may prescribe. If, in its judgment, the public
interest requires it, the Commission may cause an investigation to be
made forthwith of any accident, at such place and in such manner as the
Commission deems best.
2. Every such public utility shall report to the Commission, at
the time, in the manner and on such forms as the Commission by its
printed rules and regulations prescribes, all accidents happening in this
State and occurring in, on or about the premises, plant, instrumentality
or facility used by any such utility in the conduct of its business.
3. The Commission shall adopt all reasonable rules and regulations
necessary for the administration and enforcement of this section. The
rules and regulations must require that all accidents required to be
reported pursuant to this section be reported to the Commission at least
once every calendar month by such officer or officers of the utility as
the Commission directs.
4. The Commission shall adopt and utilize all accident report
forms, which must be so designed as to provide a concise and accurate
report of the accident. The report must show the true cause of the
accident. The accident report forms adopted for the reporting of railroad
accidents must, as near as practicable, be the same in design as the
railroad accident report forms provided and used by the Surface
Transportation Board.
5. If any accident is reported to the Commission by the utility as
being caused by or through the negligence of an employee and thereafter
the employee is absolved from such negligence by the utility and found
not to be responsible for the accident, that fact must be reported by the
utility to the Commission.
6. Each accident report required to be made by a public utility
pursuant to this section must be filed in the office of the Commission
and there preserved. Each accident report required to be made by a public
utility pursuant to this chapter and each report made by the Commission
pursuant to its investigation of any accident:
(a) Except as otherwise provided in subsection 2 of NRS 703.190
, must be open to public inspection; and
(b) Notwithstanding any specific statute to the contrary, must not,
in whole or in part, be admitted as evidence or used for any purpose in
any suit or action for damages arising out of any matter mentioned in:
(1) The accident report required to be made by the public
utility; or
(2) The report made by the Commission pursuant to its
investigation.
[34:109:1919; A 1937, 404; 1931 NCL § 6134]—(NRS A 1967, 1384;
1997, 1630; 2001, 1764 )
1. A public utility may record any telephone call:
(a) Concerning an emergency; or
(b) Relating to a service outage,
Ê if the telephone call is received on a line specified for such
telephone calls, the number of which is published in an appropriate
telephone directory. The publication must contain a notice to callers
that a telephone call received on that line concerning an emergency or
relating to a service outage is subject to recording.
2. A telephone call made pursuant to subsection 1 is not a private
conversation and the existence, content, substance, purport, effect or
meaning of the conversation recorded may be disclosed by any person.
3. As used in this section, “record” means the acquisition of the
contents of a wire communication through the use of a recording device.
(Added to NRS by 1989, 657)
1. A public administrator or deputy designated by him may submit a
written request to a public utility for the name and address of a person
listed in the records of the public utility if the information is
necessary to assist the public administrator in carrying out his duties
pursuant to chapter 253 of NRS.
2. Upon receipt of a written request pursuant to subsection 1, a
public utility shall disclose the name and address of the person listed
in the records of customers of the public utility to the public
administrator or a deputy designated by him.
3. A disclosure made in good faith pursuant to subsection 1 does
not give rise to any action for damages for the disclosure of the name
and address of a customer by a public utility.
(Added to NRS by 1999, 921 )
1. To further a criminal or civil investigation, the chief
executive officer of a law enforcement agency of this State or a command
officer designated by him may issue a subpoena to a public utility for
the name and address of a person listed in the records of the customers
of the public utility.
2. The subpoena must:
(a) If available, contain the social security number of the person
about whom the subpoena is made;
(b) Contain a statement that the subpoena is made to further a
criminal or civil investigation being conducted by the agency; and
(c) Be signed by the chief executive officer of the law enforcement
agency or the command officer he has designated.
3. As used in this section, “command officer” means an officer in
charge of a department, division or bureau of the law enforcement agency.
(Added to NRS by 1989, 803; A 1991, 147; 1997, 102)
1. Upon receipt of a subpoena by a law enforcement agency pursuant
to NRS 704.201 , a public utility shall
disclose the name and address of the person listed in the records of
customers of the public utility to the agency.
2. The public utility may charge a reasonable fee for any
administrative expense related to the disclosure.
3. A disclosure made in good faith pursuant to subsection 1 does
not give rise to any action for damages for the disclosure of the name
and address of a customer by a public utility.
(Added to NRS by 1989, 803; A 1997, 102)
1. In a county whose population is less than 400,000, a public
utility, other than a public utility furnishing telephone services, shall
provide a list of the names and addresses of the customers of the public
utility upon the request of any:
(a) District judge; or
(b) Jury commissioner,
Ê for use in the selection of jurors.
2. The court or jury commissioner who requests the list of
customers shall reimburse the public utility for the reasonable cost of
compiling the list.
3. A disclosure made in good faith pursuant to subsection 1 does
not give rise to any action for damages for the disclosure of the name
and address of a customer by a public utility.
(Added to NRS by 1989, 2041)—(Substituted in revision for NRS
704.147)
OTHER STANDARDS AND PRACTICES
The Commission may:
1. Adopt necessary and reasonable regulations governing the
procedure, administration and enforcement of the provisions of this
chapter, subject to the provisions of NRS 416.060 .
2. Prescribe classifications of the service of all public
utilities and, except as otherwise provided in NRS 704.075 , fix and regulate the rates therefor.
3. Fix just and reasonable charges for transportation of all
intrastate freight and passengers and the rates and tolls for the use of
telephone lines within the State.
4. Adopt just and reasonable regulations for the apportionment of
all joint rates and charges between public utilities.
5. Consider the need for the conservation of energy when acting
pursuant to the provisions of subsections 1, 2 and 3.
[17:109:1919; 1919 RL p. 3159; NCL § 6116]—(NRS A 1969, 1158; 1977,
552, 884; 1985, 1129; 1997, 1910)
The Commission may adopt by
reference all or part of any appropriate:
1. Rule, regulation or rate related to telecommunications services
issued by an agency of the Federal Government or of any state.
2. Regulation proposed by the National Association of Regulatory
Utility Commissioners or code issued by a national or state professional
society.
Ê A copy of each such rule, regulation, rate schedule related to
telecommunications services or code so adopted must be included with the
regulations filed with the Secretary of State.
(Added to NRS by 1969, 1000; A 1991, 515)
1. The Commission may, when necessary:
(a) Ascertain and prescribe for each kind of public utility
adequate, convenient and serviceable standards for the measurement of
quality, pressure, voltage or other conditions pertaining to the supply
of the product or service rendered by any public utility; and
(b) Prescribe reasonable regulations for the examination and
testing of such products or service and for the measurement thereof.
2. Any consumer, user or person served may have the quality or
quantity of the product or the character of any service rendered by any
public utility tested upon the payment of fees fixed by the Commission,
which fees, however, shall be paid by the public utility and repaid to
the complaining party if the quality or quantity of the product or the
character of the service be found by the Commission defective or
insufficient in a degree to justify the demand for testing; or the
Commission may apportion the fees between the parties as justice may
require.
[Part 13:109:1919; A 1931, 320; 1955, 421]
1. If a business with a new industrial load has been certified by
the Commission on Economic Development pursuant to NRS 231.139 , the Public Utilities Commission of Nevada may
authorize a public utility that furnishes electricity for the business to
purchase or transmit a portion of the electricity provided to the
business to reduce the overall cost of the electricity to the business.
The purchases of electricity may be made by the business with the new
industrial load, by agreement between the public utility and the business
or by the public utility on behalf of the business, and must be made in
accordance with such rates, terms and conditions as are established by
the Public Utilities Commission of Nevada.
2. If additional facilities are determined by the affected utility
to be required as the result of authorization granted pursuant to
subsection 1, the facilities must be constructed, owned and operated by
the affected utility. The business must agree as a condition to the
authorization granted pursuant to subsection 1 to continue its business
in operation in Nevada for 30 years. The agreement must require
appropriate security for the reimbursement of the utility for the
remaining portion of the value of the facilities which has not been
depreciated by the utility and will not be mitigated by use of the
facilities for other customers in the event that the business, or its
successor in interest, does not remain in operation for 30 years.
3. Nothing in this section authorizes the Federal Energy
Regulatory Commission to order the purchase or transmittal of electricity
in the manner described in subsection 1.
4. All of the rules, regulations and statutes pertaining to the
Public Utilities Commission of Nevada and public utilities apply to
actions taken pursuant to this section.
5. Any authorization granted by the Public Utilities Commission of
Nevada pursuant to this section must include such terms and conditions as
the Commission determines are necessary to ensure that the rates or
charges assessed to other customers of the public utility do not
subsidize the cost of providing service to the business.
(Added to NRS by 1993, 817; A 1997, 1910)
The Commission shall by
regulation require each public utility which furnishes electricity to
provide lower rates for electricity for irrigation pumps under a schedule
which:
1. Will be applied:
(a) From March 1 to October 31, inclusive; and
(b) If the customer concedes to the utility a right to interrupt
services to the customer’s irrigation pumps under conditions established
by the utility and approved by the Commission.
2. Provides for a rate for interruptible service per kilowatt-hour
of electricity used. The rate must not exceed the lowest charge per
kilowatt-hour offered by the public utility under any of its rate
schedules applicable to its residential, commercial or industrial
customers in Nevada. No charges may be included for minimum billings or
costs relating to stand-by, customers or demand.
(Added to NRS by 1981, 1152; A 1987, 22)
[Effective until certain conditions concerning
agreement between Sierra Pacific Power Company and Pyramid Lake Paiute
Tribe have been met.]
1. Except as otherwise provided in this section or in any special
law for the incorporation of a city, it is unlawful for any public
utility, for any purpose or object whatever, in any city or town
containing more than 7,500 inhabitants, to install, operate or use,
within such city or town, any mechanical water meters or similar
mechanical device, to measure the quantity of water delivered to
residential water users.
2. A public utility which furnishes water shall file with the
Commission a schedule establishing a separate individual and joint rate
or charge for residential users who have installed water meters or
similar devices to measure the consumption of water.
3. A water meter or similar device may be installed to measure the
consumption of water by a residential customer:
(a) With the consent of the customer; and
(b) To obtain information concerning a representative sample of
residential customers to determine what benefits, if any, would be
derived from the installation and use of water meters for residential
customers generally.
Ê Unless the residential customer has agreed, in writing, to pay the
separate rate, the public utility shall charge the residential customer
for whom a meter is installed the same amount for water used as if no
meter had been installed.
4. A water meter or similar device may be installed to measure the
quantity of water delivered and determine the charge to residential users
of water if:
(a) The owner of the property on which it is installed consents in
writing to the installation, operation and use of the device; and
(b) The written consent is recorded with the county recorder of the
county in which the property is located.
Ê The written consent binds any successor in interest to that property to
the provisions thereof.
5. Every newly constructed residential building which is occupied
for the first time after July 1, 1988, must be equipped with a water
meter.
6. This section does not apply to cities and towns owning and
operating municipal waterworks, or to cities and towns located in a
county whose population is 400,000 or more.
[Part 13:109:1919; A 1931, 320; 1955, 421]—(NRS A 1961, 101; 1967,
357; 1969, 1545; 1977, 1402; 1979, 559; 1985, 656; 1989, 1934)
[Effective when certain conditions
concerning agreement between Sierra Pacific Power Company and Pyramid
Lake Paiute Tribe have been met.]
1. Every newly constructed residential building which is occupied
for the first time after July 1, 1988, must be equipped with a water
meter.
2. Subsection 1 does not apply to cities and towns owning and
operating municipal waterworks, or to cities and towns located in a
county whose population is 400,000 or more.
[Part 13:109:1919; A 1931, 320; 1955, 421]—(NRS A 1961, 101; 1967,
357; 1969, 1545; 1977, 1402; 1979, 559; 1985, 656; 1989, 1394, 1934,
1937, effective when certain conditions concerning agreement between
Sierra Pacific Power Company and Pyramid Lake Paiute Tribe have been met)
1. The Commission may, upon application of a local government
which provides water services, issue an order directing a public utility
which has facilities for the treatment and transmission of water to allow
the local government to use the facilities to treat, transport or
exchange water, or any combination thereof, to service connections not
served by the public utility. The order may require the public utility to
do everything reasonably necessary, as determined by the Commission, to
treat, transport or exchange water. The Commission shall determine the
rates and charges to be paid by the local government to the public
utility for the services provided. In making this determination, the
Commission shall consider all direct and indirect costs attributable to
the treatment, transportation or exchange of water. The order may impose
conditions and requirements on the local government and public utility to
ensure that customers of the utility continue to receive at just and
reasonable rates, an adequate supply of water.
2. A local government which files an application with the
Commission pursuant to subsection 1 shall file a copy of that application
with each city planning commission of an affected incorporated city and
with the regional planning commission of an affected county, if one
exists, for its review and comment.
3. The provisions of this section do not preclude any local
government from bringing an action pursuant to chapter 37 of NRS for the same purpose for which a local
government is allowed to use the facilities of a public utility pursuant
to this section.
(Added to NRS by 1989, 726)
1. The Commission may, in its discretion, purchase such materials,
apparatus and standard measuring instruments for such examination and
tests as it deems necessary.
2. The Commission may enter upon any premises occupied by any
public utility for the purpose of making the examination and tests
provided for in this chapter and set up and use on the premises any
necessary apparatus and appliances and occupy reasonable space therefor.
3. Any public utility refusing to allow the examination to be made
as herein provided is subject to the penalties prescribed in NRS 703.380
.
[Part 13:109:1919; A 1931, 320; 1955, 421]—(NRS A 1981, 1598)
The
Commission is authorized and directed to prescribe the standards for the
maintenance, use and operation of electric poles, wires, cables and
appliances of all public utilities within the State engaged in the
business of furnishing electric power, light and energy.
[Part 13:109:1919; A 1931, 320; 1955, 421]
The Commission shall have power, in the interest of safety or service,
after hearing:
1. To determine and order required and necessary repairs,
reinforcements, construction and connection of property, lines,
equipment, appliances, buildings, tracks and all property used or useful
in public utility service.
2. To order the use of safety appliances in the interest of the
public.
3. To make and enforce necessary rules and regulations.
[Part 18:109:1919; A 1925, 243; 1929, 73; NCL § 6117]—(NRS A 1973,
1024)
The Commission may:
1. Regulate the manner in which power, telephone and telegraph
lines, pipelines and the tracks of any street, steam or electric railroad
or other common carrier cross or connect with any other such lines or
common carriers.
2. Prescribe such regulations and safety devices, respectively, as
may be necessary for the purpose of securing adequate service and for the
protection of the public.
[Part 18:109:1919; A 1925, 243; 1929, 73; NCL § 6117]—(NRS A 1963,
813; 1981, 155)
1. The Commission, upon its own information or knowledge or upon a
complaint by any person, firm, partnership or corporation that any public
utility is acting in violation of the provisions of NRS 179.410 to 179.515 ,
inclusive, or NRS 200.610 to 200.690
, inclusive, or is knowingly allowing
another person to violate those provisions, shall proceed without notice
to make an investigation of the information or complaint.
2. If, after its investigation, the Commission determines that
there is probable cause to believe that the utility is acting in
violation of the provisions of NRS 179.410 to 179.515 ,
inclusive, or NRS 200.610 to 200.690
, inclusive, or allowing another to act
in violation of those provisions, the Commission shall forthwith issue a
cease and desist order to the utility. The order is permanent unless the
utility, within 20 days after receipt of the order, files a written
request for a hearing with the Commission.
3. When a written request for a hearing is filed pursuant to
subsection 2, the Commission shall conduct the hearing pursuant to the
provisions of NRS 703.320 to 703.370
, inclusive.
4. If, as the result of a hearing, it is determined that the
utility is acting in violation of the provisions of NRS 179.410 to 179.515 ,
inclusive, or NRS 200.610 to 200.690
, inclusive, or allowing another to act
in violation of those provisions, the Commission shall issue a permanent
cease and desist order and notify the district attorney of the county
where the violation occurred of its determination.
5. This section is applicable whether or not the utility involved
is required to have a certificate of public convenience and necessity
from the Commission.
(Added to NRS by 1967, 958; A 1969, 999; 1973, 1750; 1979, 247)
1. After an investigation and hearing, which has been initiated
either upon the Commission’s own motion, or as the result of the filing
of a formal application or complaint by the Department of Transportation,
the board of county commissioners of any county, the town board or
council of any town or municipality, or any railroad company, the
Commission may determine, and order for the safety of the traveling
public:
(a) The elimination, alteration, addition or change of a highway
crossing or crossings over any railroad at grade, or above or below
grade, including its approaches and surface.
(b) Changes in the method of crossing at grade, or above or below
grade.
(c) The closing of a crossing and the substitution of another
therefor.
(d) The removal of obstructions to the public view in approaching
any crossing.
(e) Such other details of use, construction and operation as may be
necessary to make grade-crossing elimination, changes and betterments for
the protection of the public and the prevention of accidents effective.
2. The Commission shall order that the cost of any elimination,
removal, addition, change, alteration or betterment so ordered must be
divided and paid in such proportion by the State, county, town or
municipality and the railroad or railroads interested as is provided
according to the circumstances occasioning the cost, in NRS 704.305
.
3. All costs incurred by reason of any hearing held under this
section before the Commission, including but not limited to publication
of notices, reporting, transcripts and rental of hearing room, must be
apportioned 50 percent to the governmental unit or units affected and 50
percent to the railroad or railroads.
[18A:109:1919; 1919 RL p. 3160; NCL § 6118]—(NRS A 1963, 813; 1971,
573; 1979, 1816)
1. The entire cost of a new grade crossing or a new grade
separation, including any automatic protection devices that may be
required, where no existing grade crossing located at or in the immediate
vicinity of the new grade crossing or grade separation structure is
eliminated, shall be apportioned to and borne by the governmental unit or
units affected if a governmental unit initiates the proceeding, or by the
railroad or railroads if the proceeding is initiated by a railroad.
2. Where a new grade separation will directly result in the
elimination of an existing grade crossing located at or in the immediate
vicinity of the grade separation or an existing grade separation is
reconstructed, 13 percent of the cost shall be apportioned to and borne
by the railroad or railroads and the remainder of the cost shall be
apportioned to and borne by the governmental unit or units affected. If a
grade separation structure provides either more highway lanes or space
for more highway lanes than are in place on the existing highway grade
crossing being eliminated, the railroad share of cost shall be limited to
13 percent of the cost of constructing a grade separation structure
having the same number of highway lanes that were in place on the highway
prior to construction of the grade separation structure.
3. Where automatic protection devices are added or materially
altered, changed or improved at an existing grade crossing, 87 percent of
the cost of such added, altered, changed or improved automatic protection
devices shall be apportioned to and borne by the governmental unit or
units affected and 13 percent of the cost shall be apportioned to and
borne by the railroad or railroads.
4. The cost of maintaining any new, added or materially altered,
changed or improved grade crossing automatic protection devices and
appurtenances shall be apportioned 50 percent to the governmental unit or
units affected and 50 percent to the railroad or railroads.
5. The maintenance of a new or reconstructed grade separation
structure shall be performed by the governmental unit or units affected,
and the cost thereof shall be apportioned to and be borne by the
governmental unit or units affected, except that the maintenance of
waterproofing, ballast, ties, tracks and other railroad equipment shall
be performed by the railroad or railroads, and the cost of such
maintenance shall be apportioned to and borne by the railroad or
railroads.
6. The railroad shall maintain at its expense the surface of grade
crossings to a distance of 2 feet on the outer side of each outermost
rail, and such maintenance shall include, but is not limited to, the
railroad roadbed, rails and all appurtenant facilities.
7. On projects where federal funds are used, apportionment and
division of costs shall be in accordance with federal law and the rules,
regulations and orders of the federal agency administering such law to
the extent that such law, rule or regulations and orders require a
different apportionment of costs than is set forth in this section. The
provisions of this section may not otherwise be invoked on projects to
the extent that such federal law, rules, regulations and orders are
applicable.
8. The provisions of this section impose no limitation upon the
right of governmental units or railroads to negotiate agreements
apportioning costs. To the extent that costs are apportioned by such
agreement, the Commission shall order that costs be apportioned and borne
in the manner provided by such agreement.
(Added to NRS by 1971, 572)
The Commission shall:
1. Perform such duties and functions as are necessary:
(a) To ensure the safety of railroad equipment, facilities, rolling
stock and operations in this state.
(b) For this state to participate in any federal safety program
relating to railroads.
2. Adopt such regulations as it determines are necessary in
carrying out the provisions of this section.
(Added to NRS by 1997, 1274)
1. The Commission shall levy and collect an annual assessment from
each railroad subject to the jurisdiction of the Commission that
transports cargo into, out of or through this state to support the
activities of the Commission relating to railroad safety.
2. The annual assessment levied on railroads:
(a) Must be equal to the costs incurred by the Commission that are
not offset by the fees paid pursuant to NRS 459.512 .
(b) Must be not more than 1 cent per ton of cargo transported by
the railroads into, out of or through this state during the immediately
preceding calendar year.
3. On or before September 1 of each year, the Commission shall:
(a) Calculate the amount of the assessment to be levied pursuant to
this section for the previous fiscal year; and
(b) Mail to each railroad subject to the provisions of this section
to the current address of the railroad on file with the Commission a
notice indicating the amount of the assessment. The failure of the
Commission to so notify a railroad does not invalidate the assessment.
4. An assessment levied pursuant to this section is due on or
before November 1 of each year. Each railroad that is subject to the
provisions of this section which fails to pay the assessment on or before
December 1, shall pay, in addition to the assessment, a penalty of 1
percent of the total unpaid balance for each month or portion thereof
that the assessment is delinquent or $10, whichever is greater, except
that no penalty may exceed $1,000 for each delinquent payment.
5. If a railroad sells or transfers its certificate of public
convenience and necessity or sells or transfers substantially all of its
assets, the Commission shall calculate, levy and collect the accrued
assessment for the current year not later than 30 days after the sale or
transfer, unless the purchaser or transferee has assumed liability for
the assessment. For the purposes of this subsection, the jurisdiction of
the Commission over the sale or transfer of a railroad continues until
the assessment of the railroad has been paid.
6. The Commission may bring an appropriate action in its own name
for the collection of any assessment and penalty that is not paid
pursuant to this section.
(Added to NRS by 1997, 1496; A 2001, 1765 )
1. Whenever any person, company, corporation or association which
is not engaged in business as a public utility as defined by this
chapter, and which does not furnish, sell, produce or deliver to others
light, heat or power, under a franchise received from this State or from
any county or municipality within this State, is able, from any surplus
beyond the needs or requirements of its own business, and desires to
sell, produce, furnish and deliver to any other person, company,
association or corporation any light, heat or power, the person, company,
association or corporation shall apply to the Commission for authority to
sell, produce, furnish or deliver any such surplus light, heat or power,
and shall submit to the Commission the proposed contract by which such
light, heat or power is to be sold, furnished, produced or delivered.
2. The Commission shall thereupon ascertain whether it is
advisable in the public interest that the contract be executed and, if
the Commission approves the contract, then the person, company,
corporation or association has the right to furnish, sell, produce and
deliver such light, heat or power in accordance with the terms of the
contract, and does not thereby become a public utility within the meaning
of this chapter, nor is it subject to the jurisdiction of the Commission.
[37:109:1919; 1919 RL p. 3166; NCL § 6138]—(NRS A 1997, 1911)
1. Every person, company, corporation or association which is
engaged in business in this state as a public utility shall have, and is
hereby given, the right to purchase water or electric current for its use
as such public utility from any other person or corporation having for
sale a surplus of such water or electric current.
2. Any public utility desiring to purchase such water or electric
current for resale or for purposes other than its own use shall file an
application with the Commission, setting forth:
(a) The terms and conditions of the proposed purchase of such
electric current or water.
(b) The person or corporation from whom such purchase is proposed
to be made.
(c) The duration of the contract to purchase.
(d) Such other information relative thereto and in the possession
of the applicant as the Commission shall prescribe.
3. If the Commission shall find it desirable in the public
interest that the purchase be made, it shall approve the application, and
upon approval the public utility may make and execute the contract of
purchase.
4. The person or corporation selling such water or electric
current to the public utility under the contract approved by the
Commission shall not thereby become, or be deemed to be, a public utility
within the meaning of any statute of this state, nor shall it by virtue
of such contract be deemed to be within or subject to the jurisdiction of
the Commission in any respect whatsoever, nor shall it thereby be deemed
to be in any sense a public service corporation, or engaged in a public
service.
5. The terms and provisions of this section shall be taken and
considered to be a part of any such contract, and the faith of the State
of Nevada is hereby pledged against any alteration, amendment or repeal
of this section during the existence of any such contract, or any
extension thereof, approved by the Commission.
[1:103:1921; NCL § 6147] + [2:103:1921; NCL § 6148] + [3:103:1921;
NCL § 6149]
STOCKS AND SECURITY TRANSACTIONS
As used in NRS 704.322 to 704.328 ,
inclusive, “security” means any note, stock, treasury stock, bond,
debenture or other evidence of interest in or indebtedness of a person,
firm or corporation.
(Added to NRS by 1957, 444)
1. No privately owned public utility organized under the laws of
and operating in the State of Nevada shall issue any security, or assume
any obligation as guarantor, endorser, surety or otherwise, in respect of
any security of any other person, firm or corporation, unless and until,
and only to the extent, authorized by a written order of the Commission.
2. The provisions of subsection 1 shall not apply to the issue or
renewal of, or assumption of liability on, a note or draft maturing not
more than 1 year after the date of such issue, renewal or assumption of
liability, but in the case of privately owned electric or combination
electric utilities subject to the jurisdiction of the Commission the
provisions of subsection 1 shall apply to all security issues, or
renewals or assumption of obligations as guarantor, endorser, surety or
otherwise, having a maturity of 1 year or less where the combined sum of
such security issues, renewals or assumptions exceeds $1,000,000 or 5
percent of the par value of the other securities of the public utility
then outstanding. In case of securities having no par value the par value
for purposes of this subsection shall be the fair market value as of the
date of issue of the privately owned or combination electric utilities,
whichever sum is greater.
(Added to NRS by 1957, 444; A 1965, 1011)
1. Upon receipt of an application for an order authorizing the
issuance of any security or the assumption of any obligation in respect
to any security of another, the Commission may grant the application in
whole or in part and with such modifications and upon such terms and
conditions as it may find necessary or appropriate.
2. The Commission may authorize the issuance of a variable-rate
security and it may authorize the public utility to use a method for
accounting and rate making for an existing or new variable-rate security
which ensures that the recovery of the utility’s expenses for issuing or
maintaining that security from the rates charged to its customers will
equal the interest or dividends actually paid on the security.
3. The Commission shall not require a public utility to issue or
maintain a variable-rate security if the recovery of the utility’s
expenses for issuing or maintaining that security from the rates charged
to its customers does not equal the interest or dividends actually paid
on the security.
4. The Commission may from time to time make such supplemental
orders in the premises as it may find necessary or appropriate. The
supplemental order may modify the provisions of any previous order as to
the particular purposes, uses and extent to which, or the conditions
under which, any security theretofore authorized or the proceeds thereof
may be applied.
5. The Commission shall not make any order or supplemental order
granting any application hereunder unless it finds that the issue or
assumption:
(a) Is for some lawful object, within the corporate purposes of the
applicant and compatible with the public interest, which is necessary or
appropriate for or consistent with the proper performance by the
applicant of service as a public utility and which will not impair its
ability to perform that service; and
(b) Is reasonably necessary or appropriate for those purposes.
6. The Commission shall not authorize the capitalization of the
right to be a corporation or any franchise, permit or contract for
consolidation, merger or lease in excess of the amount, exclusive of any
tax or annual charge, actually paid as the consideration for the right,
franchise, permit or contract.
(Added to NRS by 1957, 444; A 1989, 1113)
No public utility shall, without the consent of the Commission, apply any
security or any proceeds thereof to any purpose not specified in the
Commission’s order, or supplemental order, or to any purpose in excess of
the amount allowed for such purpose in such order, or otherwise in
contravention of such order.
(Added to NRS by 1957, 445)
Nothing
in NRS 704.322 to 704.325 , inclusive, shall be construed to imply any
guarantee or obligation on the part of the State of Nevada in respect of
any securities to which the provisions of such sections relate.
(Added to NRS by 1957, 445)
All necessary expenses incurred by the Commission in the
administration of NRS 704.322 to
704.326 , inclusive, shall be charged
against and collected from the public utility by the Commission.
(Added to NRS by 1957, 445; A 1973, 1834)
322 to 704.326 ,
inclusive, to certain public utilities. The provisions of NRS 704.322
to 704.326 , inclusive, shall not apply to any public
utility engaged in:
1. Interstate commerce if 25 percent or more of the operating
revenues of such public utility are derived from interstate commerce.
2. The business of furnishing, for compensation, water or services
for the disposal of sewage, or both, to persons within this state if the
utility:
(a) Serves 15 persons or less; and
(b) Operates in a county whose population is 400,000 or more.
(Added to NRS by 1957, 445; A 1963, 814; 1965, 1011; 2003, 369
)
MERGERS, ACQUISITIONS OR CHANGES IN CONTROL
1. Except as otherwise provided in subsection 6, a person shall
not merge with, directly acquire, indirectly acquire through a subsidiary
or affiliate, or otherwise directly or indirectly obtain control of a
public utility doing business in this state or an entity that holds a
controlling interest in such a public utility without first submitting to
the Commission an application for authorization of the proposed
transaction and obtaining authorization from the Commission.
2. Any transaction that violates the provisions of this section is
void and unenforceable and is not valid for any purpose.
3. Before authorizing a proposed transaction pursuant to this
section, the Commission shall consider the effect of the proposed
transaction on the public interest and the customs in this state. The
Commission shall not authorize the proposed transaction unless the
Commission finds that the proposed transaction:
(a) Will be in the public interest; and
(b) Complies with the provisions of NRS 704.7561 to 704.7595 , inclusive, if the proposed transaction is
subject to those provisions.
4. The Commission may base its authorization of the proposed
transaction upon such terms, conditions or modifications as the
Commission deems appropriate.
5. If the Commission does not issue a final order regarding the
proposed transaction within 180 days after the date on which an
application or amended application for authorization of the proposed
transaction was filed with the Commission, and the proposed transaction
is not subject to the provisions of NRS 704.7561 to 704.7595 , inclusive, the proposed transaction shall be
deemed to be authorized by the Commission.
6. The provisions of this section do not apply to:
(a) The transfer of stock of a public utility doing business in
this state or to the transfer of the stock of an entity that holds a
controlling interest in such a public utility, if a transfer of not more
than 25 percent of the common stock of such a public utility or entity is
proposed.
(b) Except as otherwise provided in this paragraph, a proposed
transaction involving a public utility doing business in this state
providing telecommunication services or an entity that holds a
controlling interest in such a public utility if, in the most recently
completed calendar year, not more than 10 percent of the gross operating
revenue of the public utility or the entity that holds a controlling
interest in the public utility was derived from intrastate
telecommunication services provided to retail customers in this state by
the public utility. Such a proposed transaction is not exempted from the
provisions of this section if:
(1) Not later than 30 days after the date on which the
person undertaking the proposed transaction submits the notification
required by 15 U.S.C. § 18a, the Regulatory Operations Staff of the
Commission or the Consumer’s Advocate requests an order from the
Commission requiring the person to file an application for authorization
of the proposed transaction;
(2) The request alleges in sufficient detail that the
proposed transaction may materially affect retail customers of public
utilities in this state; and
(3) The Commission issues an order requiring the person to
file an application for authorization of the proposed transaction.
(c) A public utility engaged in the business of furnishing, for
compensation, water or services for the disposal of sewage, or both, to
persons within this state if the utility:
(1) Serves 15 persons or less; and
(2) Operates in a county whose population is 400,000 or more.
7. As used in this section:
(a) “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.
(b) “Transaction” means a merger, acquisition or change in control
described in subsection 1.
(Added to NRS by 1997, 3042; A 2001, 349 , 3250 ; 2003, 369 )
CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY
As used in NRS 704.3296
to 704.430 , inclusive, unless the context otherwise
requires, “electric utility” has the meaning ascribed to it in NRS
704.7571 .
(Added to NRS by 2001, 343 )
1. Every public utility owning, controlling, operating or
maintaining or having any contemplation of owning, controlling or
operating any public utility shall, before beginning such operation or
continuing operations or construction of any line, plant or system or any
extension of a line, plant or system within this State, obtain from the
Commission a certificate that the present or future public convenience or
necessity requires or will require such continued operation or
commencement of operations or construction.
2. Nothing in this section requires a public utility to secure
such a certificate for any extension within any town or city within which
it lawfully commenced operations or for any other extension as long as
the extension:
(a) Is to serve a telephone toll station or stations to be located
not more than 10 miles from existing telephone facilities; or
(b) Remains within the boundaries of the service area which have
been established by the Commission for its railroad, line, plant or
system, and not then served by a public utility of like character.
3. Upon the granting of any certificate of public convenience, the
Commission may make such an order and prescribe such terms and conditions
for the location of lines, plants or systems to be constructed, extended
or affected as may be just and reasonable.
4. When a complaint has been filed with the Commission alleging
that any utility is being operated without a certificate of public
convenience and necessity as required by this section, or when the
Commission has reason to believe that any provision of this section is
being violated, the Commission shall investigate such operations and the
Commission may, after a hearing, make its order requiring the owner or
operator of the utility to cease and desist from any operation in
violation of this section. The Commission shall enforce compliance with
such an order under the powers vested in the Commission by law.
5. If any public utility in constructing or extending its line,
plant or system interferes or is about to interfere with the operation of
the line, plant or system of any other public utility already
constructed, the Commission, on complaint of the public utility claiming
to be injuriously affected, after hearing, may make such an order
prohibiting the construction or extension, or prescribing such terms and
conditions for the location of the lines, plants or systems affected, as
to it may seem just and reasonable.
6. Except as provided in subsection 7, whenever the Commission,
after a hearing upon its own motion or upon complaint, finds that there
is or will be a duplication of service by public utilities in any area,
the Commission shall either issue a certificate of public convenience and
necessity assigning specific territories to one or to each of such
utilities, or, by certificate of public convenience and necessity,
otherwise define the conditions of rendering service and construction,
extensions within such territories, and shall order the elimination of
such duplication, all upon such terms as are just and reasonable, having
due regard to due process of law and to all the rights of the respective
parties and to public convenience and necessity.
7. The Commission may allow a duplication of service by public
utilities in an area if:
(a) The service provided is related to telecommunication; and
(b) It finds that the competition should occur and that any
duplication of service is reasonable.
[Part 36 1/2:109:1919; A 1925, 243; 1947, 743; 1955, 407]—(NRS A
1959, 269; 1963, 814, 1117; 1971, 727; 1985, 1018)
1. Subject to the provisions of subsection 3, a municipality
constructing, leasing, operating or maintaining any public utility, or a
trust created for the benefit and furtherance of any public function
pursuant to the provisions of general or special law, is not required to
obtain a certificate of public convenience, but any trust so created
which undertakes the operation of a public utility shall first submit a
certified copy of the trust documents or prepared trust documents to the
Commission together with a detailed explanation of the purposes, scope,
area to be affected and such other pertinent information necessary to
assist the Commission in making a determination as to whether the service
presently being offered by any existing public utility would be
unreasonably impaired by the approval of such trust documents.
2. The Commission shall, after investigation and hearing on any
contemplated trust coming within the provisions of subsection 1, submit a
report of its findings and reasons therefor to the State and each
political subdivision within which such trust contemplates operation.
Such trust does not become effective unless and until written approval
has been given by the Commission.
3. If a municipality assumes operation and control of a package
plant for sewage treatment pursuant to the provisions of NRS 445A.555
or subsection 2 or 3 of NRS 268.4105
, the plant is exempt from the
jurisdiction of the Commission only for the period of time the
municipality continues the maintenance and operation of the plant. The
certificate of public convenience as it applies to that plant is
suspended for that period of time.
[Part 36 1/2:109:1919; A 1925, 243; 1947, 743; 1955, 407]—(NRS A
1971, 1036; 1975, 1409; 1979, 1921; 1997, 1911)
Every
applicant for a certificate of public convenience shall furnish such
evidence of its corporate character and of its franchise or permits as
may be required by the Commission.
[Part 36 1/2:109:1919; A 1925, 243; 1947, 743; 1955, 407]
All hearings
and investigations under NRS 704.3296
to 704.430 , inclusive, shall be
conducted substantially as is provided for hearings and investigations of
tolls, charges and service.
[Part 36 1/2:109:1919; A 1925, 243; 1947, 743; 1955, 407]
1. The Commission shall have the power, after hearing, to issue or
refuse such certificate of public convenience, or to issue it for the
construction of a portion only of the contemplated line, plant or
systems, or extension thereof, and may attach thereto such terms and
conditions as, in its judgment, the public convenience and necessity may
require.
2. Except as otherwise provide in subsection 3, the Commission, in
its discretion and after investigation, may dispense with the hearing on
the application if, upon the expiration of the time fixed in the notice
thereof, no protest against the granting of the application has been
filed by or on behalf of any interested person.
3. The Commission shall not dispense with the hearing on the
application of an electric utility.
[Part 36 1/2:109:1919; A 1925, 243; 1947, 743; 1955, 407]—(NRS A
1963, 814; 2001, 350 )
No public utility beginning, prosecuting or
completing any new construction in violation of this chapter shall be
permitted to levy any tolls or charges for services rendered, and all
such tolls and charges shall be void.
[Part 36 1/2:109:1919; A 1925, 243; 1947, 743; 1955, 407]
1. It is unlawful for any public utility to discontinue, modify or
restrict service to any city, town, municipality, community or territory
theretofore serviced by it, except upon 30 days’ notice filed with the
Commission, specifying in detail the character and nature of the
discontinuance or restriction of the service intended, and upon order of
the Commission, made after hearing, permitting such discontinuance,
modification or restriction of service.
2. Except as otherwise provided in subsection 3, the Commission,
in its discretion and after investigation, may dispense with the hearing
on the application for discontinuance, modification or restriction of
service if, upon the expiration of the time fixed in the notice thereof,
no protest against the granting of the application has been filed by or
on behalf of any interested person.
3. The Commission shall not dispense with the hearing on the
application of an electric utility.
[Part 36 1/2:109:1919; A 1925, 243; 1947, 743; 1955, 407]—(NRS A
1963, 815; 1969, 1159; 2001, 350 )
Every order refusing or granting any certificates of public
convenience, or granting or refusing permission to discontinue, modify or
restrict service, as provided in NRS 704.3296 to 704.430 ,
inclusive, is prima facie lawful from the date of the order until changed
or modified by the order of the Commission or pursuant to NRS 703.373
to 703.376 , inclusive.
[Part 36 1/2:109:1919; A 1925, 243; 1947, 743; 1955, 407]—(NRS A
1983, 968)
1. Any public utility subject to the provisions of NRS 704.001
to 704.7595 , inclusive, to which a certificate of public
convenience and necessity has been issued pursuant to NRS 704.001 to 704.7595 , inclusive, may transfer the certificate to
any person qualified under NRS 704.001
to 704.7595 , inclusive. Such a
transfer is void and unenforceable and is not valid for any purpose
unless:
(a) A joint application to make the transfer has been made to the
Commission by the transferor and the transferee; and
(b) The Commission has authorized the substitution of the
transferee for the transferor. If the transferor is an electric utility,
the Commission shall not authorize the transfer unless the transfer
complies with the provisions of NRS 704.7561 to 704.7595 , inclusive.
2. The Commission:
(a) Shall conduct a hearing on a transfer involving an electric
utility. The hearing must be noticed and conducted in the same manner as
other contested hearings before the Commission.
(b) May direct that a hearing be conducted on a transfer involving
any other public utility. If the Commission determines that such a
hearing should be held, the hearing must be noticed and conducted in the
same manner as other contested hearings before the Commission. The
Commission may dispense with such a hearing if, upon the expiration of
the time fixed in the notice thereof, no protest to the proposed transfer
has been filed by or on behalf of any interested person.
3. In determining whether the transfer of a certificate of public
convenience and necessity to an applicant transferee should be
authorized, the Commission must take into consideration:
(a) The utility service performed by the transferor and the
proposed utility service of the transferee;
(b) Other authorized utility services in the territory for which
the transfer is sought;
(c) Whether the transferee is fit, willing and able to perform the
services of a public utility and whether the proposed operation will be
consistent with the legislative policies set forth in NRS 704.001 to 704.7595 , inclusive; and
(d) Whether the transfer will be in the public interest.
4. The Commission may make such amendments, restrictions or
modifications in a certificate upon transferring it as the public
interest requires.
5. No transfer is valid beyond the life of the certificate
transferred.
[Part 36 1/2:109:1919; A 1925, 243; 1947, 743; 1955, 407]—(NRS A
1963, 815; 1969, 1159; 1971, 1118; 1985, 316; 1989, 727; 1997, 3042;
2001, 350 )
1. Any person, firm, association or corporation who violates any
provisions of NRS 704.3296 to 704.430
, inclusive, shall be punished by a fine
of not more than $250.
2. Each day’s operation without a certificate as provided in NRS
704.3296 to 704.430 , inclusive, or each day that service is
discontinued, modified or restricted, as defined in NRS 704.3296 to 704.430 ,
inclusive, must be considered a separate offense.
[Part 36 1/2:109:1919; A 1925, 243; 1947, 743; 1955, 407]—(NRS A
1967, 656; 1971, 728; 2001, 351 )
VALUATION OF PROPERTY
1. The Commission may, in its discretion, investigate and
ascertain the value of all property of every public utility actually used
and useful for the convenience of the public.
2. In making such investigation the Commission may avail itself of
all information contained in the assessment rolls of the various counties
and the public records and files of all state departments, offices and
commissions, and any other information obtainable.
[8:109:1919; 1919 RL p. 3157; NCL § 6107]
VIOLATIONS, PENALTIES AND REMEDIES
1. Any person who violates any provision of any regulation adopted
by the Commission in conformity with the Natural Gas Pipeline Safety Act
of 1968, as amended, 49 U.S.C. §§ 60101 et seq., or with a federal
regulation adopted pursuant thereto, shall be subject to a civil penalty
not to exceed $100,000 for each violation for each day that the violation
persists, but the maximum civil penalty must not exceed $1,000,000 for
any related series of violations. Unless compromised, the amount of any
such civil penalty must be determined by a court of competent
jurisdiction.
2. 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.
3. The amount of the penalty, when finally determined, or the
amount agreed upon in compromise, may be deducted from any sum owing by
the State to the person charged or may be recovered in a civil action in
any court of competent jurisdiction.
(Added to NRS by 1969, 1000; A 1993, 297; 2005, 304 )
Any officer, agent or employee of any
public utility who:
1. Willfully fails or refuses to fill out and return any blanks as
required by this chapter;
2. Willfully fails or refuses to answer any questions therein
propounded;
3. Knowingly or willfully gives a false answer to the questions;
4. Evades the answer to any question where the fact inquired of is
within his knowledge; or
5. Upon proper demand, willfully fails or refuses to exhibit to
the Commission or any Commissioners, or any person also authorized to
examine the same, any book, paper or account of such public utility which
is in his possession or under his control,
Ê is subject to the penalty prescribed in NRS 703.380 .
[31:109:1919; 1919 RL p. 3164; NCL § 6131]—(NRS A 1981, 1598)
In addition
to all the other remedies provided by this chapter for the prevention and
punishment of any and all violations of the provisions thereof and of all
orders of the Commission, the Commission may compel compliance with the
provisions of this chapter and with the orders of the Commission by
proceedings in mandamus, injunction or by other civil remedies.
[38:109:1919; 1919 RL p. 3166; NCL § 6139]
When a
complaint has been filed with the Commission alleging that a person is
providing a service which requires a certificate of public convenience
and necessity, or when the Commission has reason to believe that any
provision of NRS 704.005 to 704.751
, inclusive, or 704.9901 is being violated, the Commission shall
investigate the operation and may, after a hearing, issue an order
requiring that the person cease and desist from any operation in
violation of NRS 704.005 to 704.751
, inclusive, or 704.9901 . The Commission shall enforce the order under
the powers vested in the Commission by NRS 704.005 to 704.751 ,
inclusive, or 704.9901 or other law.
(Added to NRS by 1969, 1161; A 1985, 317; 1989, 728; 2003, 3029
)
It is unlawful
for any person to post any advertising sign, display or device, including
a temporary political sign, on any pole, support or other device of a
public utility which is used to support a telegraph, telephone or
electric transmission line.
(Added to NRS by 1979, 436)
Except as otherwise provided in
NRS 704.6881 to 704.6884 , inclusive, any person who:
1. Operates any public utility to which NRS 704.005 to 704.751 ,
inclusive, 704.9901 and 704.993 to 704.999 ,
inclusive, apply without first obtaining a certificate of public
convenience and necessity or in violation of its terms;
2. Fails to make any return or report required by NRS 704.005
to 704.751 , inclusive, 704.9901 and 704.993
to 704.999 , inclusive, or by the
Commission pursuant to NRS 704.005 to
704.751 , inclusive, 704.9901 and 704.993
to 704.999 , inclusive;
3. Violates, or procures, aids or abets the violating of any
provision of NRS 704.005 to 704.751
, inclusive, 704.9901 and 704.993
to 704.999 , inclusive;
4. Fails to obey any order, decision or regulation of the
Commission;
5. Procures, aids or abets any person in his failure to obey the
order, decision or regulation; or
6. Advertises, solicits, proffers bids or otherwise holds himself
out to perform as a public utility in violation of any of the provisions
of NRS 704.005 to 704.751 , inclusive, 704.9901 and 704.993
to 704.999 , inclusive,
Ê shall be fined not more than $500.
[41:109:1919; 1919 RL p. 3167; NCL § 6142]—(NRS A 1967, 656; 1969,
999; 1979, 1493; 1985, 317; 1989, 728; 1997, 1497, 1912, 3043; 1999, 631
, 632 , 1319 , 1320 ; 2003, 3029 )
The remedies of the State provided for in this chapter are cumulative,
and no action taken by the Commission constitutes an election on the part
of the State or any of its officers to pursue any remedy under this
chapter to the exclusion of any other remedy for which provision is made
in this chapter.
(Added to NRS by 1969, 1000)
CUSTOMER DEPOSITS
1. Every public utility which furnishes the public with light and
power, telephone service, gas or water, or any of them, shall pay to
every customer from whom any deposit has been required interest on the
deposit at the rate fixed for 6-month Treasury bills of the United States
at the first auction:
(a) On or after December 1 of any year for the period from January
1 to June 30 of the succeeding year; or
(b) On or after June 1 of any year for the period from July 1 to
December 31 of that year,
Ê from the date of deposit until the date of settlement or withdrawal of
deposit. Where the deposit remains for 1 year or more and the person
making the deposit continues to be a customer, the interest on the
deposit must be either paid in cash to the depositor or applied on
current bills for the use of the service provided by the public utility,
as the depositor may desire.
2. Any public utility which fails, refuses or neglects to pay the
interest provided in subsection 1 in the manner required by subsection 1
is guilty of a misdemeanor.
(Added to NRS by 1971, 858; A 1981, 56, 840; 1983, 546; 1985, 2050)
WATER SERVICE AND SEWAGE SERVICE
1. Any public utility which furnishes, for compensation, any water
for domestic purposes shall furnish each city, town, village or hamlet
which it serves with a reasonably adequate supply of water at reasonable
pressure for fire protection and at reasonable rates, all to be fixed and
determined by the Commission.
2. The duty to furnish a reasonably adequate supply of water
provided for in subsection 1 includes the laying of mains with all
necessary connections for the proper delivery of the water for fire
protection and also the installing of appliances to assure a reasonably
sufficient pressure for fire protection.
3. The Commission may fix and determine reasonable rates and
prescribe all installations and appliances adequate for the proper
utilization and delivery of water for fire protection. The Commission may
adopt regulations and practices to be followed by a utility in furnishing
water for fire protection, and has complete jurisdiction of all questions
arising under the provisions of this section.
4. All proceedings under this section must be conducted pursuant
to NRS 703.320 to 703.370 , inclusive, and 704.005 to 704.645 ,
inclusive. All violations of any order made by the Commission under the
provisions of this section are subject to the penalties for similar
violations of the provisions of NRS 704.005 to 704.645 ,
inclusive.
5. This section applies to and governs all public utilities
furnishing water for domestic use on March 26, 1913, unless otherwise
expressly provided in the charters, franchises or permits under which
those utilities are acting. Each public utility which supplies water for
domestic uses after March 26, 1913, is subject to the provisions of this
section, regardless of any conditions to the contrary in any charter,
franchise or permit of whatever character granted by any county, city,
town, village or hamlet within this state, or of any charter, franchise
or permit granted by any authority outside this state.
[1:255:1913; 1919 RL p. 3172; NCL § 6158] + [2:255:1913; 1919 RL p.
3172; NCL § 6159] + [3:255:1913; 1919 RL p. 3172; NCL § 6160] +
[4:255:1913; 1919 RL p. 3173; NCL § 6161] + [5:255:1913; 1919 RL p. 3173;
NCL § 6162]—(NRS A 1979, 248; 1989, 728; 2003, 3029 )
1. Except as otherwise provided in subsection 5, each public
utility which furnishes, for compensation, any water for municipal,
industrial or domestic purposes shall adopt a plan of water conservation
based on the climate and the living conditions in its service area in
accordance with the provisions of NRS 704.6622 . The provisions of the plan must only apply
to the public utility’s property and its customers.
2. As part of the procedure of adopting a plan, the public utility
shall provide an opportunity for any interested party, including, but not
limited to, any private or public entity that supplies water for
municipal, industrial or domestic purposes, to submit written views and
recommendations on the plan.
3. Except as otherwise provided in subsection 6, the plan:
(a) Must be available for inspection by members of the public
during office hours at the office of the public utility; and
(b) May be revised from time to time to reflect the changing needs
and conditions of the service area. Each such revision must be filed with
the Commission and made available for inspection by members of the public
within 30 days after its adoption.
4. The plan must be approved by the Commission before it is put
into effect.
5. In lieu of adopting a plan pursuant to subsection 1, a public
utility which is subject to the provisions of NRS 704.095 may elect to comply with a plan of water
conservation adopted by the Commission for this purpose.
6. If the public utility is required by order of the Commission to
file a management plan for water resources, the public utility may adopt
and file the plan of water conservation with the Commission at the same
time it is required to file the management plan for water resources.
(Added to NRS by 1991, 522; A 2001, 1766 )
1. A plan of water conservation submitted to the Commission for
approval must include provisions relating to:
(a) Methods of public education to:
(1) Increase public awareness of the limited supply of water
in this state and the need to conserve water.
(2) Encourage reduction in the size of lawns and encourage
the use of plants that are adapted to arid and semiarid climates.
(b) Specific conservation measures required to meet the needs of
the service area, including, but not limited to, any conservation
measures required by law.
(c) The management of water to:
(1) Identify and reduce leakage in water supplies,
inaccuracies in water meters and high pressure in water supplies; and
(2) Increase the reuse of effluent.
(d) A contingency plan for drought conditions that ensures a supply
of potable water.
(e) A schedule for carrying out the plan.
(f) Measures to evaluate the effectiveness of the plan.
2. A plan submitted for approval must be accompanied by an
analysis of the feasibility of charging variable rates for the use of
water to encourage the conservation of water.
3. The Commission shall review any plan submitted to it and
approve the plan if it is based on the climate and living conditions of
the service area and complies with the requirements of this section.
(Added to NRS by 1991, 523)
1. Each public utility which furnishes, for compensation, any
water for municipal, industrial or domestic purposes shall adopt a plan
to provide incentives:
(a) To encourage water conservation in its service area;
(b) To retrofit existing structures with plumbing fixtures designed
to conserve the use of water; and
(c) For the installation of landscaping that uses a minimal amount
of water.
2. As part of the procedure of adopting a plan, the public utility
shall provide an opportunity for any interested person to submit written
views and recommendations on the plan.
3. The plan:
(a) Must be available for inspection by members of the public
during office hours at the office of the public utility; and
(b) May be revised from time to time to reflect the changing needs
and conditions of the service area. Each such revision must be filed with
the Commission and made available for inspection by members of the public
within 30 days after its adoption.
4. The Commission shall review the plan for compliance with this
section within 30 days after its submission. The plan must be approved by
the Commission before it is put into effect.
(Added to NRS by 1991, 523; A 2001, 1766 )
1. A county shall not impose the tax authorized by NRS 244.3661
on the use of water by customers of a
supplier of water that is a public utility, or make changes to the
ordinance imposing such a tax, without the prior approval of the
Commission.
2. The Commission shall review an application made by a county for
the approval required by subsection 1 in the same manner and to the same
extent as it would review an application by a public utility for
increased rates based upon construction by the public utility of the same
facility.
3. The Commission shall not approve the imposition of the tax or
changes to the ordinance imposing the tax authorized by NRS 244.3661
unless, after an investigation and a
hearing, it determines:
(a) The basis for the need of the facility;
(b) The nature of the probable effect on the environment;
(c) That the facility represents the minimum adverse effect on the
environment, considering the state of available technology and the nature
and economics of the various alternatives and other pertinent
considerations;
(d) That the location of the facility as proposed conforms to
applicable state and local laws and any regulations issued pursuant
thereto;
(e) That the facility will serve the public interest;
(f) That the tax which the county proposes to impose is just and
reasonable and consistent with the policies of the Commission applicable
to rates and rate design for public utilities;
(g) That the aggregate amount generated by the tax will be
sufficient to provide for the payment of the obligations issued by the
county to acquire and construct the new facility;
(h) That the water treatment services of the new facility will be
available for use by the public utility for as long as the public utility
holds a certificate of public convenience and necessity to provide
service as a water utility within the boundaries of the county on terms
and conditions which are reasonable and just to the utility and its
customers;
(i) That the construction of the facility is consistent with a
resource plan approved by the Commission and the facility can be
integrated into existing water systems;
(j) That the financing of the facility pursuant to this section is
economically more advantageous to the customers of the public utility who
will pay the tax than any alternative means of financing a new facility
by the public utility; and
(k) That the construction of the facility and the imposition of the
tax is otherwise in the public interest.
4. The Commission shall adopt such regulations as are necessary to
carry out the provisions of this section.
(Added to NRS by 1991, 1941)
1. A county shall not require a public utility whose customers pay
a tax imposed pursuant to NRS 244.3661
to bill and collect the tax except pursuant to an agreement entered into
pursuant to subsection 2. At the request of a county, a public utility
shall provide such information as is reasonably necessary for the county
to bill for and collect any tax imposed upon the customers of the public
utility pursuant to NRS 244.3661 .
2. A public utility whose customers pay a tax imposed pursuant to
NRS 244.3661 may enter into an
agreement with the county with respect to billing for and collecting the
tax. The agreement may provide for collection remedies which may include
the collection remedies available to the public utility.
(Added to NRS by 1991, 1942)
1. A public utility must not be required to use the water
treatment services provided by a facility acquired and constructed or to
be acquired and constructed by the county pursuant to NRS 244.3661 without the consent of the public utility and
the Commission.
2. A public utility that supplies water within the boundaries of a
county may enter into an agreement with that county to use the water
treatment services provided by a facility acquired and constructed or to
be acquired and constructed by the county pursuant to NRS 244.3661 . The term of the agreement may be for more
than 1 fiscal year. Any such agreement must be approved by the Commission
before it becomes effective.
3. The Commission shall not approve an agreement executed pursuant
to this section unless it determines that:
(a) The agreement provides that the water treatment services of the
facility will be available for use by the public utility for as long as
the public utility holds a certificate of public convenience and
necessity to provide service as a water utility within the boundaries of
the county;
(b) The basis for payment of the expenses of operating and
maintaining the facility provided in the agreement is reasonable and
just; and
(c) The agreement will serve the public interest.
(Added to NRS by 1991, 1942)
1. A public utility may enter into an agreement with a county to
operate and maintain a facility acquired and constructed or to be
acquired and constructed by a county pursuant to NRS 244.3661 . The term of the agreement may be for more
than 1 fiscal year. Any such agreement must be approved by the Commission
before it becomes effective.
2. The Commission shall not approve an agreement executed pursuant
to this section unless it determines that:
(a) The payments to be made under the agreement to the utility for
operation and maintenance of the facility are reasonable and just; and
(b) The agreement is in the public interest.
(Added to NRS by 1991, 1942)
Unless the
owner of the water system within a building containing multiple occupancy
units otherwise requests in writing, a public utility shall provide water
to the building through a single connection, in which case the utility
may require, where water meters are otherwise permitted by law, that
there be a single water meter or meter facility, but it shall not require
a separate meter facility for each unit therein.
(Added to NRS by 1979, 1391)
In any county whose population is 400,000
or more:
1. Except as otherwise provided in subsection 2, nothing in this
chapter requires a public utility to furnish water for the purpose of
filling or maintaining a man-made lake or stream where that use of water
is prohibited or restricted by ordinance of:
(a) The county, if the man-made lake or stream is located within
the unincorporated areas of the county; or
(b) A city, if the man-made lake or stream is located within the
boundaries of the city.
2. The provisions of subsection 1 and of any ordinance referred to
in subsection 1 do not apply to:
(a) Water stored in a man-made reservoir for use in flood control,
in meeting peak water demands or for purposes relating to the treatment
of sewage;
(b) Water used in a mining reclamation project; or
(c) A body of water located in a recreational facility that is open
to the public and owned or operated by the United States or the State of
Nevada.
(Added to NRS by 1989, 1446)
1. The Commission shall review each tentative map for a
subdivision received pursuant to NRS 278.335 and conduct an investigation, if deemed
necessary, to determine the continuity and adequacy of the water supply
or sewer service, or both, for the subdivision. If the Commission
approves the final map for the subdivision, the Commission shall, for the
purposes of NRS 278.377 , submit written
verification of its approval to the Health Division of the Department of
Health and Human Services and the Division of Water Resources of the
State Department of Conservation and Natural Resources.
2. The Commission shall collect a fee not to exceed $200, which
fee must be used to defray the cost of conducting any investigation under
the provisions of subsection 1.
3. The provisions of subsections 1 and 2 shall not apply in any
case where:
(a) The person to furnish the water supply or sewer service has
already been granted a certificate of public convenience and necessity by
the Commission to serve the area set forth in the tentative map.
(b) Any county, municipality or other form of local government,
including, but not limited to, districts formed under the provisions of
chapter 318 of NRS, will furnish the water
supply or sewer service to the area set forth in the tentative map.
(Added to NRS by 1971, 1209; A 2005, 694 )
1. The board of county commissioners of any county may regulate by
ordinance any person furnishing a water supply or sewer services, or
water and sewer services, for compensation to persons within that county
except those persons regulated by the Commission, the services furnished
to its residents by a political subdivision, and services furnished to
its members by a nonprofit association in which the rights and interests
of all its members are equal.
2. Any person who is a customer of an entity subject to regulation
by the board of county commissioners as provided in subsection 1 may
request the board to review that entity, the service it is providing and
the manner in which it is providing the service to determine whether a
receiver should be appointed for that entity. If the board determines it
to be appropriate, it shall file a petition for the appointment of a
receiver for the entity in the same manner and with the same duties and
powers as a receiver appointed upon petition of the Commission for a
public utility as provided in NRS 704.6676 .
(Added to NRS by 1971, 1209; A 1979, 202, 803)—(Substituted in
revision for NRS 704.681)
1. If the Commission determines after notice and hearing that a
public utility which furnishes water or services for the disposal of
sewage, or both:
(a) Is unable to provide reasonably continuous and adequate
service; or
(b) Otherwise qualifies for appointment of a receiver pursuant to
NRS 32.010 ,
Ê the Commission may file a petition for the appointment of a receiver
for the public utility in the district court for the county in which the
principal office of the utility is located within this state, or in the
district court for Carson City if the principal office of the utility is
located outside this state, to insure the public interest in receiving
service from the public utility in the manner required by law.
2. The district court in which the petition is filed pursuant to
subsection 1 shall immediately appoint a receiver qualified to manage the
type of public utility for which the petition was filed if it finds the
determination of the Commission to be correct.
3. Any person so appointed receiver is, from the time of his
appointment until the termination of his duties pursuant to law, subject
to all duties and has all powers generally conferred upon a receiver by
law, including the power to petition for relief in bankruptcy and to sell
or transfer the assets of the public utility for the benefit of the
public utility’s creditors.
(Added to NRS by 1979, 803; A 1987, 478)—(Substituted in revision
for NRS 704.683)
1. It is unlawful for any public utility which serves 3,000 or
fewer persons and furnishes water or services for the disposal of sewage,
or both, to:
(a) Sell, lease or otherwise dispose of; or
(b) Encumber by mortgage, deed of trust, security agreement or
otherwise,
Ê any or all of its real property or goods, including fixtures, or any
combination thereof which are necessary in the present or future
performance of its duties to the public regarding water or sewage without
first obtaining approval from the Commission which authorizes the public
utility to do so. This limitation applies to any interest in real
property, including, without limitation, easements and water rights.
2. Any such action:
(a) Which is not taken in accordance with the approval of the
Commission; or
(b) Which is taken without obtaining the approval from the
Commission,
Ê is void.
3. If the public utility is disposing of all of its real property
and goods, the Commission shall hold a public hearing on the matter
before determining whether to approve the disposal.
4. The Commission shall adopt regulations which set forth the
types and quantities of property and goods that are necessary in the
performance of the duties of the various classes of public utilities.
5. The provisions of this section are not intended to limit the
regulatory authority of the Commission granted in other sections of this
chapter.
6. The provisions of this section do not apply to a public utility
engaged in the business of furnishing, for compensation, water or
services for the disposal of sewage, or both, to persons within this
state if the utility:
(a) Serves 15 persons or less; and
(b) Operates in a county whose population is 400,000 or more.
(Added to NRS by 1991, 144; A 2003, 370 )
GEOTHERMAL ENERGY
1. Except as otherwise provided in subsection 2, every corporation
or other person who sells geothermal energy to the public is affected
with a public interest, is a public utility and is subject to the
jurisdiction and control of the Commission. The authority of the
Commission to regulate such persons is limited to the authority granted
by this section and NRS 704.033 and
704.035 .
2. This section does not apply to any corporation or other person
described in subsection 4 of NRS 704.030 or to any political subdivision of the State
authorized to sell energy to the public.
3. The Commission shall adopt just and reasonable regulations
governing the sale of energy from geothermal resources to the public. The
regulations must provide for a system of operating permits which:
(a) May not be denied because the area which the applicant proposes
to serve is already being served by a gas or electric utility.
(b) May not convey an exclusive right to supply geothermal energy
in the area which the applicant proposes to serve.
(c) Specify in each case the geographic area in which the applicant
reasonably can provide the services authorized in the permit.
(d) Require the applicant to enter into a contract with each
customer served by the utility. The form and scope of the contract must
be subject to review and approval of the Commission. The contract must
specify at least:
(1) The period of time during which service will be
provided. The contract must provide for a period of at least 3 years
unless such a provision is expressly waived by the customer.
(2) The rates or the formula for determining rates to be
charged during the term of the contract.
(3) That the utility will submit to binding arbitration,
pursuant to chapter 38 of NRS, matters
relating to damages suffered by the customer as a result of a disruption
in service and that in any such arbitration, the utility is liable for
damages unless it establishes that the disruption was caused by
circumstances beyond its control, or another affirmative defense, or
establishes that it was not negligent.
4. Before issuing an operating permit the Commission must find
that:
(a) The applicant is fit, willing and able to provide the services
authorized in the permit.
(b) The applicant has tested the geothermal reservoir to determine
whether it appears to be capable of providing sufficient energy to supply
the intended uses.
(c) The system which the applicant intends to use to produce and
distribute the heat meets appropriate standards.
5. The Commission has continuing authority to regulate the
utilities described in this section to ensure that each utility adheres
to the conditions set forth in its operating permit and that the utility
provides adequate services.
(Added to NRS by 1981, 660; A 1997, 1912)
COOPERATIVE ASSOCIATIONS, NONPROFIT CORPORATIONS AND ASSOCIATIONS AND
OTHER SIMILAR ENTITIES
Every cooperative association or nonprofit
corporation or association and every other supplier of services described
in this chapter supplying such services for the use of the public and for
the use of its own members is hereby declared to be affected with a
public interest, to be a public utility, and to be subject to the
jurisdiction, control and regulation of the Commission and to the
provisions of this chapter; but in the case of the acquisition of the
certificate or all or any part of the territory of a public utility, as
defined in paragraph (b) of subsection 2 of NRS 704.020 , by a cooperative association or nonprofit
corporation or association which prior to April 26, 1963, had supplied
services for the use of its own members only, this section shall not be
applicable for a period of 6 months or the expiration of such reasonable
extension or extensions of such 6-month period as may be ordered by the
Commission, during which period the cooperative association or nonprofit
corporation or association may enroll as its members the customers of the
public utility whose certificate or territory was acquired so as to make
such acquiring cooperative association or nonprofit corporation or
association subject only to the limited jurisdiction, control and
regulation of the Commission, and only to the specific provisions of
chapter 704 of NRS as provided by NRS 704.675
.
(Added to NRS by 1963, 1114)
Every cooperative association or nonprofit
corporation or association and every other supplier of services described
in this chapter supplying those services for the use of its own members
only is hereby declared to be affected with a public interest, to be a
public utility, and to be subject to the jurisdiction, control and
regulation of the Commission for the purposes of NRS 703.191 , 704.330 ,
704.350 to 704.430 , inclusive, but not to any other jurisdiction,
control and regulation of the Commission or to the provisions of any
section not specifically mentioned in this section.
(Added to NRS by 1963, 1114; A 1967, 1385; 1979, 149, 248; 1981,
1679)
1. Every cooperative association or nonprofit corporation or
association and every other supplier of services described in this
chapter which has, prior to April 26, 1963, supplied such services for
the use of the public or for the use of its own members, or has
constructed facilities to provide such services and has done so prior to
March 15, 1963, is hereby entitled to receive a certificate of public
convenience and necessity from the Commission to cover such facilities
and such area as it served prior to April 26, 1963.
2. Every cooperative association or nonprofit corporation or
association and every other supplier of services described in this
chapter which has, prior to April 26, 1963, supplied such services and is
thereby entitled to a certificate of public convenience and necessity for
such facilities and area served shall file with the Commission a
statement setting forth:
(a) The name or names of the cooperative association or nonprofit
corporation or association, as the case may be, by whom the facilities
have been operated.
(b) A physical description of all of the plan and facilities used
by such association in rendering such service.
(c) A general description of the area or territory served.
(d) Such other information as the Commission may reasonably
prescribe.
3. The Commission shall, within 60 days after receiving such
statement, issue a certificate of public convenience and necessity to the
cooperative association or nonprofit corporation or association. The
certificate of public convenience and necessity shall contain a
description of the territory which has been served by such cooperative
association or nonprofit corporation or association prior to April 26,
1963, and such territory shall be considered the service area within
which the cooperative association or nonprofit corporation or association
may conduct its business within the State of Nevada.
(Added to NRS by 1963, 1115)
BROADBAND SERVICE
1. Except as otherwise provided in subsection 2 and NRS 704.68984
, the Commission shall not regulate
any broadband service, including imposing any requirements relating to
the terms, conditions, rates or availability of broadband service.
2. The provisions of subsection 1 do not limit or modify the
authority of the Commission to:
(a) Consider any revenues, costs and expenses that a public utility
derives from providing a broadband service, if the Commission is
determining the rates of the public utility under a general rate
application that is filed pursuant to subsection 3 of NRS 704.110 ;
(b) Act on a complaint filed pursuant to NRS 703.310 , if the complaint relates to a broadband
service that is provided by a public utility;
(c) Include any appropriate gross operating revenue that a public
utility derives from providing broadband service when the Commission
calculates the gross operating revenue of the public utility for the
purposes of levying and collecting the annual assessment in accordance
with the provisions of NRS 704.033 ; or
(d) Determine the rates, terms and conditions of intrastate special
access services.
3. As used in this section:
(a) “Affiliate of an incumbent local exchange carrier” has the
meaning ascribed to it in NRS 704.6891 .
(b) “Broadband service” means any two-way service that transmits
information at a rate that is generally not less than 200 kilobits per
second in at least one direction.
(c) “Incumbent local exchange carrier” has the meaning ascribed to
it in NRS 704.68932 .
(Added to NRS by 2003, 3036 )
BROADCAST TELEVISION SERVICE
1. Except as provided in subsections 2 and 3, a televised
broadcast of a sporting event or other special event originating within
this state must not be excluded from viewing at the time it takes place
by persons in the area of the event if all tickets available for sale are
sold 24 hours or more before the event.
2. Except as provided in subsection 3, a televised broadcast of an
athletic event governed by the National Collegiate Athletic Association
or the Association of Intercollegiate Athletics for Women must not be
excluded from viewing at the time it takes place by persons in the area
of the event if all tickets available for sale are sold 48 hours or more
before the event.
3. This section does not apply to sporting events or other special
events which are televised for viewing on a closed circuit only.
(Added to NRS by 1979, 823)
TELECOMMUNICATION SERVICE
Standards and Practices
1. The Commission shall adopt regulations that require each
utility which provides telecommunication services to:
(a) An elementary or secondary public school; or
(b) A public library,
Ê to establish discounts in the rates for the telecommunication services
that the utility provides to that school or library. The amount of the
discount must be determined by the Commission in a manner that is
consistent with the provisions of 47 U.S.C. § 254.
2. The Commission shall adopt regulations that require each
utility which provides telecommunication services to:
(a) Public or private nonprofit providers of health care which
serve persons in rural areas; or
(b) Persons with low income and persons in rural, insular and
high-cost areas,
Ê to ensure that such providers of health care and persons have access to
telecommunication services that are reasonably comparable to those
services available in urban areas and that the rates for such services
charged by the utility are reasonably comparable to those charged in the
urban areas, to the extent required by the provisions of 47 U.S.C. § 254.
3. The Commission shall adopt regulations which set forth the
requirements for eligibility for persons with low income and definitions
for rural, insular and high-cost areas.
4. Any regulations adopted pursuant to this section must be
consistent with the provisions of 47 U.S.C. § 254.
(Added to NRS by 1997, 1902)—(Substituted in revision for NRS
704.184)
1. Except as otherwise provided in subsection 2, each public
utility which provides telecommunication services shall provide timely
written notice to a customer of the duration of each call that is billed
to the customer, reported in minutes, seconds or any fraction thereof, if
the charges for the telecommunication services are calculated, in whole
or in part, on the basis of the duration of the call.
2. The provisions of this section do not apply to measured rate
service that is regulated by the Commission.
(Added to NRS by 2003, 3036 )
Competition Among Providers; Complaints
The Commission shall, by regulation:
1. Establish standards of performance and reporting regarding the
provision of interconnection, unbundled network elements and resold
services, which encourage competition and discourage discriminatory
conduct in the provision of local telecommunication services; and
2. Notwithstanding the provisions of NRS 703.320 to the contrary, establish penalties and
expedited procedures for imposing penalties upon a provider of
telecommunication services for actions that are inconsistent with the
standards established by the Commission pursuant to subsection 1. Such
penalties may include financial payment to the complaining provider of
telecommunication services for a violation of the standards established
by the Commission pursuant to subsection 1, provided that any penalty
paid must be deducted, with interest, from any other award under any
other judicial or administrative procedure for the same conduct in the
same reporting period. Any penalty imposed pursuant to this subsection is
in lieu of the civil penalties set forth in NRS 703.380 and must be:
(a) Imposed for violating a standard or standards established by
regulations of the Commission pursuant to subsection 1;
(b) Determined by the Commission to further the goal of encouraging
competition or discouraging discriminatory conduct; and
(c) In an amount reasonable to encourage competition or discourage
discriminatory conduct.
(Added to NRS by 1999, 1319 )—(Substituted in revision for NRS 704.281)
Notwithstanding
the provisions of NRS 703.310 and
703.320 , the Commission shall establish
by regulation expedited procedures for complaints filed by a provider of
telecommunication services against another provider of telecommunication
services for any dispute arising under this chapter or chapter 703 of NRS, including specific procedures for interim
relief that may include a preliminary decision by a single Commissioner
except as to the imposition of monetary penalties.
(Added to NRS by 1999, 1319 )—(Substituted in revision for NRS 704.282)
Any judicial review of a decision by the Commission pursuant to NRS
704.6881 and 704.6882 must be made in accordance with NRS 703.373
to 703.376 , inclusive.
(Added to NRS by 1999, 1319 )—(Substituted in revision for NRS 704.283)
The provisions of NRS 704.6881 to 704.6884 , inclusive, must not be construed to exempt
providers of telecommunication services from any other applicable statute
of this state or the United States relating to consumer and antitrust
protections. The exemption provided in paragraph (c) of subsection 3 of
NRS 598A.040 does not apply to
conduct of, or actions taken by, a provider of telecommunication services
in violation of the standards established pursuant to subsection 1 of NRS
704.6881 .
(Added to NRS by 1999, 1319 )—(Substituted in revision for NRS 704.284)
PAR Carriers
As used in NRS 704.68904 to 704.68984 , inclusive, unless the context otherwise
requires, the words and terms defined in NRS 704.68908 to 704.68947 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1999, 1314 ; A 2003, 3041 )
“Affected person” means:
1. A public utility affected by an action of a PAR carrier or an
action of the Commission relating to a PAR carrier;
2. A person whose utility service or rates are affected by an
action of a PAR carrier or an action of the Commission relating to a PAR
carrier;
3. A competitive supplier; or
4. The Bureau of Consumer Protection in the Office of the Attorney
General.
(Added to NRS by 1999, 1314 ; A 2003, 3041 )
“Affiliate of an incumbent local exchange
carrier” or “affiliate” means a competitive provider of telecommunication
service that is controlled by or under common control with an incumbent
local exchange carrier to the extent the competitive provider of
telecommunication service is doing business within any service territory
in which its affiliated incumbent local exchange carrier has been
designated by the Commission as the provider of last resort of basic
service.
(Added to NRS by 2003, 3035 )
“Basic network
service” means the provision of any of the following services, unless the
Commission has reclassified the service as a competitive service, a
deregulated service, a discretionary service or an other essential
service pursuant to NRS 704.6896 :
1. Farmer line service;
2. Flat rate service for residential lines;
3. Measured rate service for residential lines;
4. Flat rate service for residential trunk lines;
5. Flat rate service for business lines;
6. Measured rate service for business lines;
7. Flat rate service for business trunk lines;
8. Measured rate service for business trunk lines;
9. Suburban service access lines;
10. Toll station service access lines;
11. Universal lifeline service access lines;
12. Access to emergency 911 service; and
13. The first single-line directory listing.
(Added to NRS by 1999, 1315 ; A 2003, 3042 )
“Competitive
service” means:
1. Any telecommunication service which is classified as a
competitive service or a nonregulated service by regulation of the
Commission, or which is reclassified as a competitive service pursuant to
NRS 704.6896 ; and
2. The intraLATA toll services of an electing carrier.
(Added to NRS by 1999, 1315 )
“Competitive
supplier” means a person who:
1. Is a competitor of a PAR carrier with respect to a service
performed by the PAR carrier; or
2. Wants to enter into competition with a PAR carrier.
(Added to NRS by 1999, 1315 ; A 2003, 3042 )
“Deregulated
service” means:
1. Any voice messaging service or other information service; or
2. Any telecommunication service that the Commission classifies as
a deregulated service pursuant to NRS 704.6896 .
(Added to NRS by 2003, 3035 )
“Discretionary
service” means any telecommunication service which is not otherwise
classified as a basic network service, a competitive service, a
deregulated service or an other essential service, or which is
reclassified as a discretionary service pursuant to NRS 704.6896 .
(Added to NRS by 1999, 1315 ; A 2003, 3042 )
“Electing PAR
carrier” means a PAR carrier which:
1. Makes an election to become an electing PAR carrier pursuant to
NRS 704.68948 ; and
2. Is regulated in the manner described in that section.
(Added to NRS by 1999, 1315 ; A 2003, 3042 )
“Incumbent local exchange carrier” has the meaning ascribed to it in 47
U.S.C. § 251(h)(1), as that section existed on October 1, 1999, and
includes a local exchange carrier that is treated as an incumbent local
exchange carrier pursuant to that section.
(Added to NRS by 1999, 1315 )
“Local area of transport and access” or “LATA” means an area
within which a provider of telecommunication services may operate
pursuant to the order in United States v. American Telephone and
Telegraph Co., 552 F. Supp. 131 (D.D.C. 1982). The term is equivalent to
“local access and transport area” as used in that order.
(Added to NRS by 1999, 1315 )
“Other essential
service” means any telecommunication service that is classified as other
essential service by regulation of the Commission.
(Added to NRS by 1999, 1316 )
1. “PAR carrier” means an incumbent local exchange carrier that is
regulated under a plan of alternative regulation approved by the
Commission pursuant to subsection 4 of NRS 704.040 .
2. The term includes, but is not limited to, an electing PAR
carrier.
(Added to NRS by 2003, 3035 )
“Price floor” means the
minimum price of a service using cost-based standards as determined by
the Commission by regulation.
(Added to NRS by 1999, 1316 )
“Telecommunication”
means the transmission, between or among points specified by the user, of
information of the user’s choosing, without change in the form or content
of the information sent and received, regardless of the facilities used.
(Added to NRS by 2003, 3035 )
“Telecommunication service” means the offering of telecommunication for a
fee directly to the public, or such classes of users as to be effectively
available directly to the public, regardless of the facilities used.
(Added to NRS by 2003, 3035 )
1. A PAR carrier may make an election to become an electing PAR
carrier that is regulated pursuant to NRS 704.68952 , 704.68956 and 704.6898 . Such regulation is in addition to any other
regulation that otherwise applies to the PAR carrier pursuant to NRS
704.68904 to 704.68984 , inclusive.
2. To make an election pursuant to this section, the PAR carrier
must file with the Commission a written statement of its election to
become an electing PAR carrier. The written statement must:
(a) Identify the PAR carrier; and
(b) Include the date that its election becomes effective.
(Added to NRS by 1999, 1316 ; A 2003, 3042 )
040 .
1. Except as otherwise provided in this section, if a PAR carrier
makes an election to become an electing PAR carrier pursuant to NRS
704.68948 , on and after the date that
the election becomes effective:
(a) The electing PAR carrier is not subject to any review of
earnings, monitoring of the rate base, or any other regulation by the
Commission relating to the net income or rate of return of the electing
PAR carrier;
(b) The Commission shall not consider the rate of return, rate base
or any other earnings of the electing PAR carrier in connection with any
change in rates;
(c) The Commission shall not decrease the rate of a basic network
service provided by the electing PAR carrier unless the electing PAR
carrier agrees to the decrease in the rate; and
(d) The electing PAR carrier shall not, during the term of its plan
of alternative regulation, increase any rate that the electing PAR
carrier charges for a basic network service, other than the rate for a
telecommunication service that is:
(1) Reclassified pursuant to NRS 704.6896 ; or
(2) Offered by the electing PAR carrier pursuant to NRS
704.68964 , 704.68968 or 704.68972 .
2. An electing PAR carrier may terminate its plan of alternative
regulation at any time by filing with the Commission a notice of its
intention to terminate the plan. The termination is effective on the date
the electing PAR carrier specifies in the notice.
3. If an electing PAR carrier terminates its plan of alternative
regulation pursuant to subsection 2, the electing PAR carrier shall file
with the Commission a general rate application pursuant to subsection 3
of NRS 704.110 not later than 180 days
after the date that the termination of its plan of alternative regulation
becomes effective.
4. If an electing PAR carrier does not terminate its plan of
alternative regulation pursuant to subsection 2, the plan terminates at
the end of the first 5-year period after the date the plan becomes
effective and at the end of each successive 5-year period after that date
unless:
(a) Not later than 180 days before the end of the first 5-year
period after the date the plan becomes effective and at the end of each
successive 5-year period after that date, the electing PAR carrier files
with the Commission a written request to continue its participation in
the plan of alternative regulation for another 5-year period; and
(b) The Commission grants the written request of the electing PAR
carrier to continue its participation in the plan of alternative
regulation for another 5-year period in accordance with the provisions of
this section.
5. If an electing PAR carrier files a written request pursuant to
subsection 4, the written request must be accompanied by a written report
prepared in a form prescribed by the Commission. The written report must:
(a) Contain a summary of the operations of the electing PAR carrier
for the period covering the immediately preceding 5 fiscal years; and
(b) Include, but is not limited to, the rate of return and earnings
of the electing PAR carrier for the period specified in paragraph (a),
other than the rate of return and earnings obtained from deregulated
services.
6. Not later than 180 days after the date that an electing PAR
carrier files a written request pursuant to subsection 4, the Commission
shall conduct and complete a proceeding to review the written request and
report. The Commission shall not allow any person to be a party to the
proceeding other than the electing PAR carrier, the Regulatory Operations
Staff of the Commission and the staff of the Bureau of Consumer
Protection in the Office of the Attorney General.
7. In the proceeding, the Commission shall:
(a) Determine whether the existing rates of the electing PAR
carrier for basic network services are just and reasonable pursuant to
subsection 1 of NRS 704.040 ; and
(b) Based upon that determination, issue an order which:
(1) Grants the written request of the electing PAR carrier
and authorizes the electing PAR carrier to participate in the plan of
alternative regulation for another 5 years; or
(2) Denies the written request of the electing PAR carrier
and directs the electing PAR carrier to file with the Commission a
general rate application pursuant to subsection 3 of NRS 704.110 not later than 180 days after the date the
Commission issues the order.
8. Except for universal service support for lifeline or link-up
services provided pursuant to 47 U.S.C. § 214 or as otherwise determined
by the Commission, an electing PAR carrier is not eligible to receive
money from the fund created pursuant to subsection 7 of NRS 704.040
.
9. For the purposes of this section:
(a) The plan of alternative regulation for an electing PAR carrier
shall be deemed to have a term of 5 years.
(b) If a PAR carrier is operating as an electing PAR carrier on
July 1, 2003, the first 5-year term for its plan of alternative
regulation shall be deemed to begin on July 1, 2003.
(c) If a PAR carrier makes an election to become an electing PAR
carrier after July 1, 2003, the first 5-year term for its plan of
alternative regulation shall be deemed to begin on the date that its
election becomes effective.
(Added to NRS by 1999, 1316 ; A 2003, 3043 )
The provisions
of NRS 704.68904 to 704.68984 , inclusive, do not authorize an electing PAR
carrier, without the approval of the Commission, to discontinue or
otherwise change the terms and conditions relating to the provision of
the basic network services identified in subsections 1 to 4, inclusive,
of NRS 704.68912 , as set forth in the
tariffs of the electing PAR carrier that are in effect on October 1, 1999.
(Added to NRS by 1999, 1316 ; A 2003, 3045 )
1. The Commission may, at any time, upon its own motion or that of
any person, reclassify a basic network service, except access to
emergency 911 service.
2. The Commission shall establish by regulation criteria for
determining whether a service should be reclassified, except that the
Commission shall not adopt criteria for determining whether a service
should be reclassified that would deny a request to reclassify a basic
network service to another classification of service within an exchange
where a competitive supplier operates and provides that service, on the
basis that there is not a competitive supplier of that service in any
other portion of the State.
3. If the Commission receives a written request for
reclassification from a PAR carrier, the Commission shall act upon the
request not later than 120 days after the date the Commission receives
the request.
(Added to NRS by 1999, 1316 ; A 2003, 3045 )
1. A PAR carrier may, pursuant to this section and in accordance
with NRS 704.68976 , exercise
flexibility in the pricing, the terms or both the pricing and terms of:
(a) Any competitive service or discretionary service. The
Commission shall not specify a maximum rate for any competitive service
or discretionary service provided by the PAR carrier.
(b) Any package of services, which may include basic network
services, competitive services, discretionary services, other essential
services and services and products that are not subject to the
jurisdiction of the Commission. The Commission shall not specify a
maximum rate for a package of services provided by the PAR carrier.
(c) Any tariffed service, if the PAR carrier needs to exercise
flexibility in the pricing, the terms or both the pricing and terms of
the tariffed service in a contract for service to an individual customer,
to respond to competition by one or more competitive suppliers in the
market for telecommunication service for business customers. The
flexibility exercised by the PAR carrier pursuant to this paragraph:
(1) May include, but is not limited to, using volume or term
discounts, and modifications to tariffed terms and conditions; and
(2) May not be used to provide volume or duration discounts
to rates or modifications to tariffed terms and conditions for
telecommunication service for an offering made to all or any class of
business customers.
2. Except as otherwise provided in this subsection, a PAR carrier
may, upon 20-days’ notice to the Commission in writing, exercise
flexibility in the pricing, the terms or both the pricing and terms of
any service or package of services that may be subject to such
flexibility pursuant to subsection 1, and the PAR carrier is exempt, with
respect to the pricing of each such service or package of services, from
the provisions of NRS 704.100 and
704.110 and the regulations of the
Commission relating thereto. The notice must include a description in
reasonable detail of:
(a) The characteristics of each service or package of services that
will be subject to such flexibility;
(b) The terms and conditions applicable to each service or package
of services;
(c) The nature of any limitations on the duration or geographical
availability of each service or package of services;
(d) The price or prices of each service or package of services;
(e) A certificate which provides that:
(1) The PAR carrier has prepared a cost study of the price
floor to support the price or prices of each service that will be subject
to such flexibility or each service included in the package of services
that will be subject to such flexibility; and
(2) On and after the date on which the notice is filed with
the Commission, any affected person may, upon request, inspect and copy
the cost study, subject to reasonable terms and conditions of any
applicable confidentiality and nondisclosure agreement relating to the
service or package of services; and
(f) A form of notice that will be posted by the Commission.
Ê The notice requirements of this subsection do not apply to a PAR
carrier with respect to the pricing or terms of any competitive service
or any package of services comprised exclusively of competitive services.
3. The price or prices of each service that is subject to
flexibility pursuant to this section must not be lower than the price
floor for that service. The price or prices of each package of services
that is subject to flexibility pursuant to this section must not be lower
than the lesser of:
(a) The sum of the price floors for each service included in the
package; or
(b) The sum of the prices of the basic network services, as set
forth in the tariffs of the PAR carrier, and the price floors for each of
the other services included in the package.
4. Each service included in a package of services that is subject
to flexibility pursuant to this section must be made available on an
individual basis.
5. A PAR carrier must provide 20-days’ notice to the Commission in
writing before the PAR carrier may implement any amendment or change to a
service or package of services which is subject to flexibility pursuant
to this section and for which the PAR carrier had previously provided
notice to the Commission pursuant to subsection 2.
6. Notwithstanding any other provision of law, if a PAR carrier
charges a customer a fixed price or amount for a package of services that
is subject to flexibility pursuant to this section, the PAR carrier, in
any bill or statement for the package of services, is permitted to
specify only the fixed price or amount for the package of services and is
not required to:
(a) Identify each separate service or component included in the
package of services; or
(b) Specify the unit price or amount charged for each separate
service or component included in the package of services.
(Added to NRS by 1999, 1317 ; A 2001, 3251 ; 2003, 3045 )
In exercising
flexibility in the pricing or terms of its services pursuant to NRS
704.68904 to 704.68984 , inclusive, a PAR carrier shall not engage
in any anticompetitive act or practice or unreasonably discriminate among
similarly situated customers.
(Added to NRS by 2003, 3035 )
A PAR carrier may establish
promotional price reductions for services upon a 1-day notice to the
Commission. The promotional price reduction for a service may be offered
for not more than 90 days during any 12 consecutive months and must be
given in all geographic areas served by the PAR carrier, where facilities
permit, on a nondiscriminatory basis during the 12-month period.
(Added to NRS by 1999, 1317 ; A 2003, 3047 )
1. A PAR carrier may introduce new services upon 10-days’ notice
to the Commission in writing. The notice must include a description in
reasonable detail of:
(a) The characteristics of each new service;
(b) The terms and conditions applicable to each new service;
(c) The nature of any limitations on the duration or geographical
availability of each new service;
(d) The price or prices of each new service; and
(e) A certificate which provides that:
(1) The PAR carrier has prepared a cost study of the price
floor to support the price or prices of each new service; and
(2) On and after the date on which the notice is filed with
the Commission, any affected person may, upon request, inspect and copy
the cost study, subject to reasonable terms and conditions of any
applicable confidentiality and nondisclosure agreement.
2. Each new service is subject to the conditions set forth in NRS
704.68964 .
3. Each new service is exempt from the provisions of NRS 704.100
and 704.110 and the regulations of the Commission relating
thereto.
4. Unless otherwise classified by the Commission as a deregulated
service pursuant to its regulations, a new service must be classified as
a competitive service for which the Commission shall not specify a
maximum rate. The PAR carrier shall set the price of the new service
above the price floor for that service.
5. As used in this section, a “new service” means a
telecommunication service:
(a) That provides a function, feature or capability which is
materially different from any service or services previously offered by
the carrier; or
(b) Combines two or more previously provided new services.
(Added to NRS by 1999, 1318 ; A 2001, 3252 ; 2003, 3047 )
The rates charged by a PAR carrier for services, except for
competitive services, must be geographically averaged throughout the
service territory in which the PAR carrier is the provider of last
resort, as determined pursuant to regulations adopted by the Commission,
or within such other smaller geographic area as the Commission deems
appropriate to balance the interests of all customers and providers.
(Added to NRS by 1999, 1318 ; A 2003, 3047 )
The intrastate access prices charged by an electing PAR
carrier must not exceed the interstate access prices charged by the
electing PAR carrier as authorized by the Federal Communications
Commission for corresponding elements, and any resulting reductions must
be offset on a revenue-neutral basis with adjustments to other essential
retail services subject to regulation by the Commission.
(Added to NRS by 1999, 1318 ; A 2003, 3048 )
The provisions of NRS
704.684 and 704.68904 to 704.68984 , inclusive, do not:
1. Apply to the Commission in connection with any actions or
decisions required or permitted by the Telecommunications Act of 1996,
Public Law 104-104, 110 Stat. 56-161; or
2. Limit or modify:
(a) The duties of a PAR carrier to a competitive supplier regarding
the provision of network interconnection, unbundled network elements and
resold services under the provisions of the Telecommunications Act of
1996, Public Law 104-104, 110 Stat. 56-161; or
(b) The authority of the Commission to act pursuant to NRS 704.6881
and 704.6882 .
(Added to NRS by 1999, 1318 ; A 2003, 3048 )
ELECTRIC SERVICE
Conversion of Certain Generation Facilities
As used in NRS 704.701 to 704.731 ,
inclusive, unless the context otherwise requires:
1. “Coal” includes anthracite, bituminous or subbituminous coal,
and lignite.
2. “Cost of the conversion” means the cost determined by the
Commission to be reasonable and necessary for a conversion, including the
cost of:
(a) Engineering, administration and any legal expenses;
(b) Environmental studies and control equipment;
(c) Equipment and facilities for the handling, storage and
combustion of coal;
(d) Equipment and facilities for the handling, storage and disposal
of the resulting waste, regardless of their location;
(e) Adapting or refurbishing boilers to permit the combustion of
coal; and
(f) Interest and other expenses relating to the financing of the
conversion,
Ê whether or not those costs are incurred before the date of initial
conversion. The term does not include any costs incurred to expand the
facility’s generating capacity during the conversion.
3. “Cost saved” means the difference in cost between an amount of
coal and an equal amount of gas or oil calculated on the basis of British
thermal units.
4. “Date of initial conversion” means the first day on which an
existing facility for the generation of electricity which was fired by
gas or oil generates electricity for continuous distribution to customers
by the combustion of coal, whether or not additional work must be
performed to complete construction on or the conversion of the facility.
(Added to NRS by 1983, 751)
1. A public utility proposing to convert an existing facility in
this state for the generation of electricity which is fired by gas or oil
to a facility which is also capable of being fired by coal may apply to
the Commission for an adjustment in its rates to permit its recovery of
the cost of the conversion.
2. After receipt of such an application, the Commission shall hold
a public hearing within 120 days to consider whether to authorize such an
adjustment and, if authorized, the methods to be used to permit the
recovery.
(Added to NRS by 1983, 752)
1. The Commission shall render its written decision within 180
days after receiving the application for such an adjustment.
2. The Commission shall render its decision based on the record
and may grant the application, deny it or grant it according to such
terms, conditions or modifications as the Commission finds appropriate.
3. The Commission may grant an application for such an adjustment
if it determines that:
(a) There is substantial evidence that the projected saving in fuel
is greater than the cost of conversion.
(b) The conversion is consistent with and included in the utility’s
plan for resources.
(c) The conversion will substantially benefit the utility’s
customers.
4. If the applicant becomes, by reason of the conversion, entitled
to any federal or state grant, the Commission shall make such
determinations and issue such orders as are necessary to reduce the
amount of the cost of the conversion which the applicant would otherwise
recover by means of the adjustment. If such a grant is received after the
termination of the adjustment, the Commission shall make such
determinations and issue such orders as are necessary to return any
excess collected to the customers.
(Added to NRS by 1983, 752)
1. The amount of the adjustment must:
(a) Permit the applicant to recover the cost of the conversion, net
of any taxes which may be imposed on the applicant for revenue received
because of the adjustment, within the period of recovery authorized by
the Commission.
(b) Be at least two-thirds, but not more than three-fourths, of the
cost of the fuel saved.
2. The Commission shall not recognize, when calculating any rate,
price or charge, other than the amount of the adjustment, the costs of
the conversion subject to the requirements of this section.
(Added to NRS by 1983, 752)
On the date
of initial conversion, the public utility shall file with the Commission
a tariff which sets forth the adjustment in the rates authorized as a
result of the conversion.
(Added to NRS by 1983, 752)
1. A public utility shall annually present to the Commission a
certified accounting of the cost of conversion and an accounting of the
revenues it has received in that year from the adjustment in its rates.
2. When a public utility has fully recovered its share of the cost
of conversion and the debt and interest thereon are paid, or at the end
of the period set for the recovery, whichever is sooner, it shall:
(a) Stop the adjustment;
(b) Rescind the applicable tariff;
(c) Present the Commission with proof of the public utility’s
compliance with all orders of the Commission regarding the adjustment; and
(d) Present the Commission with a complete accounting of the cost
of conversion and revenues it has received through the adjustment.
3. If the proof so presented in subsection 2 shows that the
revenue collected pursuant to the adjustment is not equal to the public
utility’s share of the cost of the conversion, the Commission shall order
any actions necessary to return any excess or collect the amount still
needed for full recovery.
(Added to NRS by 1983, 752)
The faith of the State is
hereby pledged that NRS 704.701 to
704.731 , inclusive, will not be
repealed, amended or modified to impair any tariff or charge ordered by
the Commission pursuant to those sections.
(Added to NRS by 1983, 753)
Optional Pricing and Resource Planning
The application of NRS 704.736 to 704.751 ,
inclusive, is limited to any public utility in the business of supplying
electricity which has an annual operating revenue in this state of
$2,500,000 or more.
(Added to NRS by 1983, 886; A 1995, 1105)
1. A utility which supplies electricity in this state may apply to
the Commission for authority to charge, as part of a program of optional
pricing, a higher rate for electricity that is generated from renewable
energy.
2. The program may provide the customers of the utility with the
option of paying a higher rate for electricity to support the increased
use by the utility of renewable energy in the generation of electricity.
3. As used in this section, “renewable energy” has the meaning
ascribed to it in NRS 704.7811 .
(Added to NRS by 1995, 1104; A 2001, 2530 , 3253 )—(Substituted in revision for NRS 704.743)
1. A utility which supplies electricity in this state shall, on or
before July 1 of every third year, in the manner specified by the
Commission, submit a plan to increase its supply of electricity or
decrease the demands made on its system by its customers to the
Commission.
2. The Commission shall, by regulation, prescribe the contents of
such a plan including, but not limited to, the methods or formulas which
are used by the utility to:
(a) Forecast the future demands; and
(b) Determine the best combination of sources of supply to meet the
demands or the best method to reduce them.
(Added to NRS by 1983, 886; A 1987, 961)
1. Not more than 60 days after a utility has filed its plan, the
Commission shall convene a public hearing on the adequacy of the plan.
2. At the hearing any interested person may make comments to the
Commission regarding the contents and adequacy of the plan.
3. After the hearing the Commission shall determine whether:
(a) The forecast requirements of the utility are based on
substantially accurate data and an adequate method of forecasting.
(b) The plan identifies and takes into account any present and
projected reductions in the demand for energy that may result from
measures to improve energy efficiency in the industrial, commercial,
residential and energy producing sectors of the area being served.
(c) The plan adequately demonstrates the economic, environmental
and other benefits to this state and to the customers of the utility,
associated with the following possible measures and sources of supply:
(1) Improvements in energy efficiency;
(2) Pooling of power;
(3) Purchases of power from neighboring states or countries;
(4) Facilities that operate on solar or geothermal energy or
wind;
(5) Facilities that operate on the principle of cogeneration
or hydrogeneration; and
(6) Other generation facilities.
4. The Commission may give preference to the measures and sources
of supply set forth in paragraph (c) of subsection 3 that:
(a) Provide the greatest economic and environmental benefits to the
State;
(b) Are consistent with the provisions of this section; and
(c) Provide levels of service that are adequate and reliable.
5. The Commission shall:
(a) Adopt regulations which determine the level of preference to be
given to those measures and sources of supply; and
(b) Consider the value to the public of using water efficiently
when it is determining those preferences.
(Added to NRS by 1983, 887; A 1989, 1607; 1991, 524)
1. Within 135 days after a utility has filed its plan, the
Commission shall issue an order accepting the plan as filed or specifying
any portions of the plan it deems to be inadequate.
2. All prudent and reasonable expenditures made to develop the
utility’s plan, including environmental, engineering and other studies,
must be recovered from the rates charged to the utility’s customers.
(Added to NRS by 1983, 887; A 1989, 1014)
Disposal of Generation Assets
As used in NRS 704.7561 to 704.7595 , inclusive, unless the context otherwise
requires, the words and terms defined in NRS 704.7565 to 704.7581 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 2001, 343 )
“Affiliate” means a person who,
directly or indirectly through one or more intermediaries, controls, is
controlled by or is under common control with an electric utility.
(Added to NRS by 2001, 343 )
“Dispose of
a generation asset” means to:
1. Sell, lease, assign, transfer or divest an interest in a
generation asset, in whole or in part, to another person; or
2. Perform any promise, covenant or obligation to sell, lease,
assign, transfer or divest an interest in a generation asset, in whole or
in part, to another person pursuant to the terms of a contract or
agreement executed before, on or after April 18, 2001, unless, before
April 18, 2001:
(a) All terms and conditions of the contract or agreement were
satisfied; and
(b) All parties to the contract or agreement fully performed all
promises, covenants and obligations under the contract or agreement.
(Added to NRS by 2001, 343 )
1. “Electric utility” means:
(a) Any public utility or successor in interest that:
(1) Is in the business of providing electric service to
customers;
(2) Holds a certificate of public convenience and necessity
issued or transferred pursuant to this chapter; and
(3) In the most recently completed calendar year or in any
other calendar year within the 7 calendar years immediately preceding the
most recently completed calendar year, had a gross operating revenue of
$250,000,000 or more in this state;
(b) A subsidiary or affiliate of such a public utility;
(c) A holding company or other person that holds a controlling
interest in such a public utility; and
(d) A successor in interest to any public utility, subsidiary,
affiliate, holding company or person described in paragraph (a), (b) or
(c).
2. The term does not include a cooperative association, nonprofit
corporation, nonprofit association or provider of electric service which
is declared to be a public utility pursuant to NRS 704.673 and which provides service only to its members.
(Added to NRS by 2001, 343 )
1. “Generation asset” means any plant, facility, equipment or
system that:
(a) Converts other forms of energy into electricity or otherwise
produces electricity;
(b) Is or was owned, possessed, controlled, leased, operated,
administered, maintained, acquired or placed into service by an electric
utility before, on or after January 1, 2001;
(c) Is subject, in whole or in part, to regulation by the
Commission; and
(d) Is used and useful for the convenience of the public in this
state, as determined by the Commission.
2. The term does not include:
(a) Any hydroelectric plant, facility, equipment or system which
has a generating capacity of not more than 15 megawatts and which is
located on the Truckee River or on a waterway that is appurtenant to or
connected to the Truckee River.
(b) Any net metering system, as defined in NRS 704.771 .
(Added to NRS by 2001, 344 )
1. “Interest in a generation asset” means any interest, in whole
or in part, in the physical plant, facility, equipment or system that
makes up the generation asset, whether such interest is legal or
equitable, present or future, or contingent or vested.
2. The term does not include any interest in the electricity or
other energy produced by the generation asset.
(Added to NRS by 2001, 344 )
“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, 344 )
The provisions of NRS
704.7561 to 704.7595 , inclusive, do not prohibit an electric
utility from pledging, mortgaging, granting a security interest in or
otherwise encumbering any of its generation assets or other property for
the purpose of securing indebtedness of the electric utility which exists
on April 18, 2001, or which is issued or incurred by the electric utility
after April 18, 2001, in financing transactions approved by the
Commission.
(Added to NRS by 2001, 3269 )
Except as otherwise provided in NRS 704.7591 :
1. Before July 1, 2003, an electric utility shall not dispose of a
generation asset.
2. On or after July 1, 2003, an electric utility shall not dispose
of a generation asset unless, before the disposal, the Commission
approves the disposal by a written order issued in accordance with the
provisions of this section.
3. Not sooner than January 1, 2003, an electric utility may file
with the Commission an application to dispose of a generation asset on or
after July 1, 2003. If an electric utility files such an application, the
Commission shall not approve the application unless the Commission finds
that the disposal of the generation asset will be in the public interest.
The Commission shall issue a written order approving or disapproving the
application. The Commission may base its approval of the application upon
such terms, conditions or modifications as the Commission deems
appropriate.
4. If an electric utility files an application to dispose of a
generation asset, the Consumer’s Advocate shall be deemed a party of
record.
5. If the Commission approves an application to dispose of a
generation asset before July 1, 2003, the order of the Commission
approving the application:
(a) May not become effective sooner than July 1, 2003;
(b) Does not create any vested rights before the effective date of
the order; and
(c) For the purposes of NRS 703.373 , shall be deemed a final decision on the date
on which the order is issued by the Commission.
(Added to NRS by 2001, 344 )
1. An electric utility may dispose of its generation assets
pursuant to a merger, acquisition or transaction that is authorized
pursuant to NRS 704.329 or pursuant to
a transfer of its certificate of public convenience and necessity that is
authorized pursuant to NRS 704.410 , if:
(a) The electric utility disposes of substantially all of its
generation assets and substantially all of its other assets to the other
person in the merger, acquisition, transaction or transfer; and
(b) The other person in the merger, acquisition, transaction or
transfer is not a subsidiary or affiliate of the electric utility or a
holding company or other person that holds a controlling interest in the
electric utility.
2. Any person who assumes or has assumed ownership, possession,
control, operation, administration or maintenance of a generation asset
pursuant to a merger, acquisition, transaction or transfer described in
subsection 1 is subject to the provisions of NRS 704.7561 to 704.7595 , inclusive.
(Added to NRS by 2001, 345 )
If an electric utility disposes
of a generation asset in violation of NRS 704.7561 to 704.7595 , inclusive, the disposal is void and
unenforceable and is not valid for any purpose.
(Added to NRS by 2001, 345 )
Disclosures to Customers
1. On and after October 1, 2001, each electric utility shall
disclose to its retail customers information about electric services, and
any products and services relating thereto, that are being provided to or
purchased for those retail customers by the electric utility. The
disclosure must:
(a) Be in a standard, uniform format established by the Commission
by regulation;
(b) Be included:
(1) At least two times each calendar year, as an insert in
the bills that the electric utility sends to its retail customers; and
(2) If the electric utility maintains a website on the
Internet or any successor to the Internet, on that website; and
(c) Include adequate information so that a retail customer can
readily evaluate his options for obtaining electric services or any
products or services relating thereto.
2. A disclosure required by this section must include, if
applicable:
(a) The average mix of energy sources used to generate the
electricity sold by the electric utility to the retail customer. An
electric utility may, if available, use a regional average that has been
determined by the Commission for that portion of electricity sold by the
electric utility to the retail customer for which the specific mix of
energy sources cannot be discerned.
(b) The average emissions, measured in pounds per megawatt-hour, of:
(1) Any high-level radioactive waste, sulfur dioxide, carbon
dioxide, oxides of nitrogen and heavy metals released in this state from
the generation of the electricity sold by the electric utility to the
retail customer; and
(2) Any other substances released in this state from the
generation of the electricity sold by the electric utility to the retail
customer which the Commission, in cooperation with the Division of
Environmental Protection of the State Department of Conservation and
Natural Resources, determines may cause a significant health or
environmental impact and for which sufficiently accurate and reliable
data is available.
Ê If an electric utility uses a regional average for the mix of energy
sources pursuant to paragraph (a), the electric utility shall, if
available, use for the average emissions pursuant to this paragraph a
regional calculation that has been determined by the Commission.
(c) Information concerning customer service.
(d) Information concerning any energy programs that provide
assistance to retail customers with low incomes, including, without
limitation, information on the procedures to apply for such programs.
3. An electric utility:
(a) Shall make the disclosures required pursuant to this section in
accordance with the requirements adopted by the Commission as to form and
substance; and
(b) Shall ensure that it provides the information in compliance
with all applicable state and federal laws governing unfair advertising
and labeling.
4. The Commission shall adopt such regulations concerning form and
substance for the disclosures required by this section as are necessary
to ensure that retail customers are provided with sufficient information
so that they can readily evaluate their options for obtaining electric
services and any products and services relating thereto.
5. The provisions of this section do not require an electric
utility to disclose to its retail customers any information about
electric services, and any products and services relating thereto, that
are subject to the provisions of chapter 704B of NRS.
6. As used in this section:
(a) “Electric utility” has the meaning ascribed to it in NRS
704.187 .
(b) “Energy source” includes, without limitation:
(1) Coal, natural gas, oil, propane and any other fossil
fuel;
(2) Geothermal energy, solar energy, hydroelectric energy,
nuclear energy, wind, biofuel and biomass; and
(3) Any other specific energy source that is used to
generate the electricity provided to the retail customer.
(Added to NRS by 2001, 1654 ; A 2001, 3267 )
Net Metering Systems
It is hereby declared to be
the purpose and policy of the Legislature in enacting NRS 704.766 to 704.775 ,
inclusive, to:
1. Encourage private investment in renewable energy resources;
2. Stimulate the economic growth of this State; and
3. Enhance the continued diversification of the energy resources
used in this State.
(Added to NRS by 1997, 777)
As used in NRS 704.766 to 704.775 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 704.768 to 704.772
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 1997, 777; A 2001, 3253 )
“Customer-generator”
means a user of a net metering system.
(Added to NRS by 1997, 777)
“Net metering” means
measuring the difference between the electricity supplied by a utility
and the electricity generated by a customer-generator which is fed back
to the utility over the applicable billing period.
(Added to NRS by 1997, 777)
“Net metering system”
means a facility or energy system for the generation of electricity that:
1. Uses renewable energy as its primary source of energy to
generate electricity;
2. Has a generating capacity of not more than 150 kilowatts;
3. Is located on the customer-generator’s premises;
4. Operates in parallel with the utility’s transmission and
distribution facilities; and
5. Is intended primarily to offset part or all of the
customer-generator’s requirements for electricity.
(Added to NRS by 1997, 777; A 2001, 3253 ; 2003, 1874 ; 2005, 1816 )
“Renewable energy” has
the meaning ascribed to it in NRS 704.7811 .
(Added to NRS by 2001, 3242 )
“Utility” means a public utility
that supplies electricity in this state.
(Added to NRS by 1997, 777)
1. A utility shall offer net metering, as set forth in NRS 704.775
, to the customer-generators operating
within its service area until the cumulative capacity of all such net
metering systems is equal to 1 percent of the utility’s peak capacity.
2. If the net metering system of a customer-generator who accepts
the offer of a utility for net metering has a capacity of not more than
30 kilowatts, the utility:
(a) Shall offer to make available to the customer-generator an
energy meter that is capable of registering the flow of electricity in
two directions.
(b) May, at its own expense and with the written consent of the
customer-generator, install one or more additional meters to monitor the
flow of electricity in each direction.
(c) Shall not charge a customer-generator any fee or charge that
would increase the customer-generator’s minimum monthly charge to an
amount greater than that of other customers of the utility in the same
rate class as the customer-generator.
3. If the net metering system of a customer-generator who accepts
the offer of a utility for net metering has a capacity of more than 30
kilowatts, the utility may:
(a) Require the customer-generator to install at its own cost an
energy meter that is capable of measuring generation output and customer
load.
(b) Charge the customer-generator any applicable fee or charge
charged to other customers of the utility in the same rate class as the
customer-generator, including, without limitation, customer, demand and
facility charges.
(Added to NRS by 1997, 778; A 2001, 3253 ; 2005, 1816 )
1. A net metering system used by a customer-generator must meet
all applicable safety and power quality standards established by:
(a) The National Electrical Code;
(b) Underwriters Laboratories Inc.; and
(c) The Institute of Electrical and Electronic Engineers.
2. A customer-generator whose net metering system meets such
safety and quality standards must not be required by the utility to:
(a) Comply with additional standards or requirements;
(b) Perform additional tests;
(c) Install additional controls; or
(d) Purchase additional liability insurance,
Ê arising solely from his status as a customer-generator.
(Added to NRS by 1997, 778)
1. The billing period for net metering must be a monthly period.
2. If a customer-generator’s net metering system has a capacity of
not more than 30 kilowatts, the net energy measurement must be calculated
in the following manner:
(a) The utility shall measure, in kilowatt hours, the net
electricity produced or consumed during the billing period, in accordance
with normal metering practices.
(b) If the electricity supplied by the utility exceeds the
electricity generated by the customer-generator which is fed back to the
utility during the billing period, the customer-generator must be billed
for the net electricity supplied by the utility.
(c) If the electricity generated by the customer-generator which is
fed back to the utility exceeds the electricity supplied by the utility
during the billing period:
(1) Neither the utility nor the customer-generator is
entitled to compensation for electricity provided to the other during the
billing period.
(2) The excess electricity which is fed back to the utility
during the billing period is carried forward to the next billing period
as an addition to the kilowatt hours generated by the customer-generator
in that billing period. If the customer-generator is billed for
electricity pursuant to a time-of-use rate schedule, the excess
electricity carried forward must be added to the same time-of-use period
as the time-of-use period in which it was generated unless the subsequent
billing period lacks a corresponding time-of-use period. In that case,
the excess electricity carried forward must be apportioned evenly among
the available time-of-use periods.
(3) Excess electricity may be carried forward to subsequent
billing periods indefinitely, but a customer-generator is not entitled to
receive compensation for any excess electricity that remains if:
(I) The net metering system ceases to operate or is
disconnected from the utility’s transmission and distribution facilities;
(II) The customer-generator ceases to be a customer of
the utility at the premises served by the net metering system; or
(III) The customer-generator transfers the net
metering system to another person.
(4) The excess electricity which is fed back to the utility
shall be deemed to be electricity that the utility generated or acquired
from a renewable energy system for the purposes of complying with its
portfolio standard pursuant to NRS 704.7801 to 704.7828 , inclusive.
3. If a customer-generator’s net metering system has a capacity of
more than 30 kilowatts, the net energy measurement must be calculated in
the following manner:
(a) The utility shall:
(1) Measure, in kilowatt hours, the amount of electricity
supplied by the utility to the customer-generator during the billing
period and calculate its value using the tariff that would be applicable
if the customer-generator did not use a net metering system; and
(2) Measure, in kilowatt hours, the amount of electricity
generated by the customer-generator which is fed back to the utility
during the billing period and calculate its value at a rate that is
consistent with the rate used to calculate the value of the electricity
supplied by the utility.
(b) If the value of electricity supplied by the utility exceeds the
value of the electricity generated by the customer-generator which is fed
back to the utility during the billing period, the customer-generator
must be billed for the net value of the electricity supplied by the
utility.
(c) If the value of the electricity generated by the
customer-generator which is fed back to the utility exceeds the value of
the electricity supplied by the utility during the billing period:
(1) Neither the utility nor the customer-generator is
entitled to compensation for the value of the electricity provided to the
other during the billing period.
(2) The value of the excess electricity:
(I) Must not be shown as a credit on the
customer-generator’s bill for that billing period but must be reflected
as a credit that is carried forward to offset the value of the
electricity supplied by the utility during a subsequent billing period.
At the discretion of the utility, the credit may be in a dollar amount or
in kilowatt hours. If the credit is reflected as excess electricity and
the customer-generator is billed for electricity pursuant to a
time-of-use rate schedule, the excess electricity carried forward must be
added to the same time-of-use period as the time-of-use period in which
it was generated unless the subsequent billing period lacks a
corresponding time-of-use period. In that case, the excess electricity
carried forward must be apportioned evenly among the available
time-of-use periods. Excess electricity may be carried forward to
subsequent billing periods indefinitely, but a customer-generator is not
entitled to receive compensation for any excess electricity that remains
if the net metering system ceases to operate or is disconnected from the
utility’s transmission and distribution facilities, the
customer-generator ceases to be a customer of the utility at the premises
served by the net metering system or the customer-generator transfers the
net metering system to another person.
(II) Does not reduce any other fee or charge imposed
by the utility.
(3) The excess electricity which is fed back to the utility
shall be deemed to be electricity that the utility generated or acquired
from a renewable energy system for the purposes of complying with its
portfolio standard pursuant to NRS 704.7801 to 704.7828 , inclusive.
4. A bill for electrical service is due at the time established
pursuant to the terms of the contract between the utility and the
customer-generator.
(Added to NRS by 1997, 778; A 2001, 3254 ; 2005, 1816 ; 2005, 22nd Special Session, 81 )
Portfolio Standard
As used in NRS 704.7801 to 704.7828 , inclusive, unless the context otherwise
requires, the words and terms defined in NRS 704.7802 to 704.7819 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 2001, 2526 ; A 2003, 806 , 1874 ; 2005, 22nd Special Session, 82 )
1. “Energy efficiency measure” means any measure designed,
intended or used to improve energy efficiency if:
(a) The measure is installed on or after January 1, 2005, at the
service location of a retail customer of a provider of electric service
in this State;
(b) The measure reduces the consumption of energy by the retail
customer; and
(c) The costs of the acquisition or installation of the measure are
directly reimbursed, in whole or in part, by the provider of electric
service.
2. The term does not include:
(a) Any demand response measure or load limiting measure that
shifts the consumption of energy by a retail customer from one period to
another period.
(b) Any solar energy system which qualifies as a renewable energy
system and which reduces the consumption of electricity or any fossil
fuel.
(Added to NRS by 2005, 22nd Special Session, 80 )
“Portfolio energy
credit” means any credit which a provider has earned from a portfolio
energy system or efficiency measure and which the provider is entitled to
use to comply with its portfolio standard, as determined by the
Commission.
(Added to NRS by 2005, 22nd Special Session, 80 )
“Portfolio energy system or efficiency measure” means:
1. Any renewable energy system; or
2. Any energy efficiency measure.
(Added to NRS by 2005, 22nd Special Session, 80 )
“Portfolio standard”
means the amount of electricity that a provider must generate, acquire or
save from portfolio energy systems or efficiency measures, as established
by the Commission pursuant to NRS 704.7821 .
(Added to NRS by 2001, 2527 ; A 2003, 1875 ; 2005, 22nd Special Session, 82 )
1. “Provider of electric service” and “provider” mean any person
or entity that is in the business of selling electricity to retail
customers for consumption in this state, regardless of whether the person
or entity is otherwise subject to regulation by the Commission.
2. The term includes, without limitation, a provider of new
electric resources that is selling electricity to an eligible customer
for consumption in this state pursuant to the provisions of chapter 704B
of NRS.
3. The term does not include:
(a) This state or an agency or instrumentality of this state.
(b) A rural electric cooperative established pursuant to chapter 81
of NRS.
(c) A general improvement district established pursuant to chapter
318 of NRS.
(d) A utility established pursuant to chapter 709 or 710 of NRS.
(e) A cooperative association, nonprofit corporation, nonprofit
association or provider of electric service which is declared to be a
public utility pursuant to NRS 704.673
and which provides service only to its members.
(f) 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.
(g) A landlord who pays for electricity that is delivered through a
master meter and who distributes or resells the electricity to one or
more tenants for consumption in this state.
(Added to NRS by 2001, 2527 ; A 2001, 3273 )
1. “Qualified energy recovery process” means a system with a
nameplate capacity of not more than 15 megawatts that converts the
otherwise lost energy from:
(a) The heat from exhaust stacks or pipes used for engines or
manufacturing or industrial processes; or
(b) The reduction of high pressure in water or gas pipelines before
the distribution of the water or gas,
Ê to generate electricity if the system does not use additional fossil
fuel or require a combustion process to generate such electricity.
2. The term does not include any system that uses energy, lost or
otherwise, from a process whose primary purpose is the generation of
electricity, including, without limitation, any process involving
engine-driven generation or pumped hydrogeneration.
(Added to NRS by 2003, 1874 )
1. “Renewable energy” means:
(a) Biomass;
(b) Geothermal energy;
(c) Solar energy;
(d) Waterpower; and
(e) Wind.
2. The term does not include coal, natural gas, oil, propane or
any other fossil fuel, or nuclear energy.
3. As used in this section, “waterpower” means power derived from
standing, running or falling water which is used for any plant, facility,
equipment or system to generate electricity if the generating capacity of
the plant, facility, equipment or system is not more than 30 megawatts.
Except as otherwise provided in this subsection, the term includes,
without limitation, power derived from water that has been pumped from a
lower to a higher elevation if the generating capacity of the plant,
facility, equipment or system for which the water is used is not more
than 30 megawatts. The term does not include power:
(a) Derived from water stored in a reservoir by a dam or similar
device, unless:
(1) The water is used exclusively for irrigation;
(2) The dam or similar device was in existence on January 1,
2003; and
(3) The generating capacity of the plant, facility,
equipment or system for which the water is used is not more than 30
megawatts;
(b) That requires a new or increased appropriation or diversion of
water for its creation; or
(c) That requires the use of any fossil fuel for its creation,
unless:
(1) The primary purpose of the use of the fossil fuel is not
the creation of the power; and
(2) The generating capacity of the plant, facility,
equipment or system for which the water is used is not more than 30
megawatts.
(Added to NRS by 2001, 2527 ; A 2003, 1875 )
“Renewable energy
system” means:
1. A facility or energy system that:
(a) Uses renewable energy or energy from a qualified energy
recovery process to generate electricity; and
(b) Transmits or distributes the electricity that it generates from
renewable energy or energy from a qualified energy recovery process via:
(1) A power line which is dedicated to the transmission or
distribution of electricity generated from renewable energy or energy
from a qualified energy recovery process and which is connected to a
facility or system owned, operated or controlled by a provider of
electric service; or
(2) A power line which is shared with not more than one
facility or energy system generating electricity from nonrenewable energy
and which is connected to a facility or system owned, operated or
controlled by a provider of electric service.
2. A solar energy system that reduces the consumption of
electricity or any fossil fuel.
3. A net metering system used by a customer-generator pursuant to
NRS 704.766 to 704.775 , inclusive.
(Added to NRS by 2001, 2527 ; A 2001, 3274 ; 2003, 1866 , 1875 ; 2005, 1281 ; 2005, 22nd Special Session, 82 , 90 )
1. “Retail customer” means an end-use customer that purchases
electricity for consumption in this state.
2. The term includes, without limitation:
(a) 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 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.
(b) A residential, commercial or industrial end-use customer that
purchases 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.
(c) 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.
(d) A landlord who pays for electricity that is delivered through a
master meter and who distributes or resells the electricity to one or
more tenants for consumption in this state.
(Added to NRS by 2001, 2527 ; A 2001, 3274 )
“Utility provider” means
a provider of electric service that is a public utility.
(Added to NRS by 2005, 22nd Special Session, 80 )
1. For each provider of electric service, the Commission shall
establish a portfolio standard. The portfolio standard must require each
provider to generate, acquire or save electricity from portfolio energy
systems or efficiency measures in an amount that is:
(a) For calendar years 2005 and 2006, not less than 6 percent of
the total amount of electricity sold by the provider to its retail
customers in this State during that calendar year.
(b) For calendar years 2007 and 2008, not less than 9 percent of
the total amount of electricity sold by the provider to its retail
customers in this State during that calendar year.
(c) For calendar years 2009 and 2010, not less than 12 percent of
the total amount of electricity sold by the provider to its retail
customers in this State during that calendar year.
(d) For calendar years 2011 and 2012, not less than 15 percent of
the total amount of electricity sold by the provider to its retail
customers in this State during that calendar year.
(e) For calendar years 2013 and 2014, not less than 18 percent of
the total amount of electricity sold by the provider to its retail
customers in this State during that calendar year.
(f) For calendar year 2015 and for each calendar year thereafter,
not less than 20 percent of the total amount of electricity sold by the
provider to its retail customers in this State during that calendar year.
2. In addition to the requirements set forth in subsection 1, the
portfolio standard for each provider must require that:
(a) Of the total amount of electricity that the provider is
required to generate, acquire or save from portfolio energy systems or
efficiency measures during each calendar year, not less than 5 percent of
that amount must be generated or acquired from solar renewable energy
systems.
(b) Of the total amount of electricity that the provider is
required to generate, acquire or save from portfolio energy systems or
efficiency measures during each calendar year, not more than 25 percent
of that amount may be based on energy efficiency measures. If the
provider intends to use energy efficiency measures to comply with its
portfolio standard during any calendar year, of the total amount of
electricity saved from energy efficiency measures for which the provider
seeks to obtain portfolio energy credits pursuant to this paragraph, at
least 50 percent of that amount must be saved from energy efficiency
measures installed at service locations of residential customers of the
provider, unless a different percentage is approved by the Commission.
(c) If the provider acquires or saves electricity from a portfolio
energy system or efficiency measure pursuant to a renewable energy
contract or energy efficiency contract with another party:
(1) The term of the contract must be not less than 10 years,
unless the other party agrees to a contract with a shorter term; and
(2) The terms and conditions of the contract must be just
and reasonable, as determined by the Commission. If the provider is a
utility provider and the Commission approves the terms and conditions of
the contract between the utility provider and the other party, the
contract and its terms and conditions shall be deemed to be a prudent
investment and the utility provider may recover all just and reasonable
costs associated with the contract.
3. If, for the benefit of one or more of its retail customers in
this State, the provider has directly reimbursed, in whole or in part,
the costs of the acquisition or installation of a solar energy system
which qualifies as a renewable energy system and which reduces the
consumption of electricity, the total reduction in the consumption of
electricity during each calendar year that results from the solar energy
system shall be deemed to be electricity that the provider generated or
acquired from a renewable energy system for the purposes of complying
with its portfolio standard.
4. The Commission shall adopt regulations that establish a system
of portfolio energy credits that may be used by a provider to comply with
its portfolio standard.
5. Except as otherwise provided in subsection 6, each provider
shall comply with its portfolio standard during each calendar year.
6. If, for any calendar year, a provider is unable to comply with
its portfolio standard through the generation of electricity from its own
renewable energy systems or, if applicable, through the use of portfolio
energy credits, the provider shall take actions to acquire or save
electricity pursuant to one or more renewable energy contracts or energy
efficiency contracts. If the Commission determines that, for a calendar
year, there is not or will not be a sufficient supply of electricity or a
sufficient amount of energy savings made available to the provider
pursuant to renewable energy contracts and energy efficiency contracts
with just and reasonable terms and conditions, the Commission shall
exempt the provider, for that calendar year, from the remaining
requirements of its portfolio standard or from any appropriate portion
thereof, as determined by the Commission.
7. The Commission shall adopt regulations that establish:
(a) Standards for the determination of just and reasonable terms
and conditions for the renewable energy contracts and energy efficiency
contracts that a provider must enter into to comply with its portfolio
standard.
(b) Methods to classify the financial impact of each long-term
renewable energy contract and energy efficiency contract as an additional
imputed debt of a utility provider. The regulations must allow the
utility provider to propose an amount to be added to the cost of the
contract, at the time the contract is approved by the Commission, equal
to a compensating component in the capital structure of the utility
provider. In evaluating any proposal made by a utility provider pursuant
to this paragraph, the Commission shall consider the effect that the
proposal will have on the rates paid by the retail customers of the
utility provider.
8. As used in this section:
(a) “Energy efficiency contract” means a contract to attain energy
savings from one or more energy efficiency measures owned, operated or
controlled by other parties.
(b) “Renewable energy contract” means a contract to acquire
electricity from one or more renewable energy systems owned, operated or
controlled by other parties.
(c) “Terms and conditions” includes, without limitation, the price
that a provider must pay to acquire electricity pursuant to a renewable
energy contract or to attain energy savings pursuant to an energy
efficiency contract.
(Added to NRS by 2001, 2528 ; A 2003, 1866 , 1876 ; 2005, 22nd Special Session, 82 )
1. Except as otherwise provided in this section or by specific
statute, a provider is entitled to one portfolio energy credit for each
kilowatt-hour of electricity that the provider generates, acquires or
saves from a portfolio energy system or efficiency measure.
2. The Commission may adopt regulations that give a provider more
than one portfolio energy credit for each kilowatt-hour of electricity
saved by the provider during its peak load period from energy efficiency
measures.
(Added to NRS by 2005, 22nd Special Session, 80 )
For the purpose of complying with a
portfolio standard established pursuant to NRS 704.7821 , a provider shall be deemed to have generated
or acquired 2.4 kilowatt-hours of electricity from a renewable energy
system for each 1.0 kilowatt-hour of actual electricity generated or
acquired from a solar photovoltaic system, if:
1. The system is installed on the premises of a retail customer;
and
2. On an annual basis, at least 50 percent of the electricity
generated by the system is utilized by the retail customer on that
premises.
(Added to NRS by 2003, 805 )
1. Except as otherwise provided in subsection 2, any electricity
generated by a provider using any system that involves drawing or
creating electricity from tires must be deemed to have not come from a
renewable energy system for the purpose of complying with a portfolio
standard established pursuant to NRS 704.7821 .
2. For the purpose of complying with a portfolio standard
established pursuant to NRS 704.7821 ,
a provider shall be deemed to have generated or acquired 0.7
kilowatt-hours of electricity from a renewable energy system for each 1.0
kilowatt-hour of actual electricity generated or acquired from a system
that utilizes a reverse polymerization process, if:
(a) The system is installed on the premises of a retail customer;
and
(b) On an annual basis, at least 50 percent of the electricity
generated by the system is utilized by the retail customer on that
premises.
3. As used in this section:
(a) “Reverse polymerization process” means a process that generates
electricity from a tire that:
(1) Uses microwave reduction; and
(2) Does not involve combustion of the tire.
(b) “Tire” includes any tire for any vehicle or device in, upon or
by which any person or property is or may be transported or drawn upon
land.
(Added to NRS by 2003, 805 )
1. Each provider of electric service shall submit to the
Commission an annual report that provides information relating to the
actions taken by the provider to comply with its portfolio standard.
2. Each provider shall submit the annual report to the Commission
after the end of each calendar year and within the time prescribed by the
Commission. The report must be submitted in a format approved by the
Commission.
3. The Commission may adopt regulations that require providers to
submit to the Commission additional reports during each calendar year.
4. Each annual report and each additional report must include
clear and concise information that sets forth:
(a) The amount of electricity which the provider generated,
acquired or saved from portfolio energy systems or efficiency measures
during the reporting period and, if applicable, the amount of portfolio
energy credits that the provider acquired, sold or traded during the
reporting period to comply with its portfolio standard;
(b) The capacity of each renewable energy system owned, operated or
controlled by the provider, the total amount of electricity generated by
each such system during the reporting period and the percentage of that
total amount which was generated directly from renewable energy;
(c) Whether, during the reporting period, the provider began
construction on, acquired or placed into operation any renewable energy
system and, if so, the date of any such event;
(d) Whether, during the reporting period, the provider participated
in the acquisition or installation of any energy efficiency measures and,
if so, the date of any such event; and
(e) Any other information that the Commission by regulation may
deem relevant.
5. Based on the reports submitted by providers pursuant to this
section, the Commission shall compile information that sets forth whether
any provider has used energy efficiency measures to comply with its
portfolio standard and, if so, the type of energy efficiency measures
used and the amount of energy savings attributable to each such energy
efficiency measure. The Commission shall report such information to:
(a) The Legislature, not later than the first day of each regular
session; and
(b) The Legislative Commission, if requested by the Chairman of the
Commission.
(Added to NRS by 2001, 2529 ; A 2005, 22nd Special Session, 85 )
1. The Commission may adopt regulations to establish a temporary
renewable energy development program that is designed to assist with the
completion of new renewable energy projects.
2. The Commission may require a utility provider to participate in
a temporary renewable energy development program.
3. If the Commission adopts regulations establishing a temporary
renewable energy development program, the program may include, without
limitation:
(a) The establishment of a private trust administered by an
independent trustee; and
(b) The payment of money from the private trust to carry out the
terms and conditions of renewable energy contracts approved by the
Commission between a utility provider and one or more new renewable
energy projects.
4. If a utility provider is participating in a temporary renewable
energy development program, the utility provider may apply to the
Commission for authority to close the program to new renewable energy
projects if the utility provider has achieved an investment grade credit
rating as determined by either Moody’s Investors Service, Inc., or
Standard and Poor’s Rating Services and has maintained that credit rating
for 24 consecutive months.
5. The Commission may grant an application to close a temporary
renewable energy development program only after finding that the
creditworthiness of the utility provider is sufficiently restored so that
closure of the program to new renewable energy projects is in the public
interest.
6. An order issued by the Commission closing a temporary renewable
energy development program to new renewable energy projects is not
effective as to any new renewable energy project which has previously
been accepted into the program and which is receiving money from a
private trust established under the program until the earlier of:
(a) The expiration or termination of the original renewable energy
contract approved by the Commission between the utility provider and the
new renewable energy project; or
(b) The original financing, including debt, equity, or both debt
and equity, as applicable, entered into by the new renewable energy
project upon completion of construction of the project has been fully
satisfied pursuant to its original terms.
7. As used in this section, “new renewable energy project” means a
project to construct a renewable energy system if:
(a) The project is associated with one or more renewable energy
contracts approved by the Commission pursuant to NRS 704.7821 ; and
(b) Construction on the project commenced on or after July 1, 2001.
(Added to NRS by 2005, 22nd Special Session, 81 )
1. The Commission shall adopt regulations to carry out and enforce
the provisions of NRS 704.7801 to
704.7828 , inclusive. The regulations
adopted by the Commission may include any enforcement mechanisms which
are necessary and reasonable to ensure that each provider of electric
service complies with its portfolio standard. Such enforcement mechanisms
may include, without limitation, the imposition of administrative fines.
2. If a provider does not comply with its portfolio standard for
any calendar year and the Commission has not exempted the provider from
the requirements of its portfolio standard pursuant to NRS 704.7821
, the Commission may impose an
administrative fine against the provider or take other administrative
action against the provider, or do both.
3. The Commission may impose an administrative fine against a
provider based upon:
(a) Each kilowatt-hour of electricity that the provider does not
generate, acquire or save from portfolio energy systems or efficiency
measures during a calendar year in violation of its portfolio standard; or
(b) Any other reasonable formula adopted by the Commission.
4. In the aggregate, the administrative fines imposed against a
provider for all violations of its portfolio standard for a single
calendar year must not exceed the amount which is necessary and
reasonable to ensure that the provider complies with its portfolio
standard, as determined by the Commission.
5. If the Commission imposes an administrative fine against a
utility provider:
(a) The administrative fine is not a cost of service of the utility
provider;
(b) The utility provider shall not include any portion of the
administrative fine in any application for a rate adjustment or rate
increase; and
(c) The Commission shall not allow the utility provider to recover
any portion of the administrative fine from its retail customers.
6. All administrative fines imposed and collected pursuant to this
section must be deposited in the State General Fund.
(Added to NRS by 2001, 2530 ; A 2005, 22nd Special Session, 85 )
Colorado River Commission of Nevada
1. The Colorado River Commission of Nevada may sell electricity
and provide transmission service or distribution service, or both, only
to meet the existing and future requirements of:
(a) Any customer that the Colorado River Commission of Nevada on
July 16, 1997, was serving or had a contract to serve; and
(b) The Southern Nevada Water Authority and its member agencies for
their water and wastewater operations,
Ê without being subject to the jurisdiction of the Public Utilities
Commission of Nevada.
2. The Public Utilities Commission of Nevada shall establish a
just and reasonable tariff for such electric distribution service to be
provided by an electric utility that primarily serves densely populated
counties to the Colorado River Commission of Nevada for its sale of
electricity or electric distribution services, or both, to any customer
that the Colorado River Commission of Nevada on July 16, 1997, was
serving or had a contract to serve, and to the Southern Nevada Water
Authority and its member agencies to meet the existing and future
requirements for their water and wastewater operations.
3. An electric utility that primarily serves densely populated
counties shall provide electric distribution service pursuant to the
tariff required by subsection 2.
4. As used in this section:
(a) “Electric utility that primarily serves densely populated
counties” means an electric utility that, with regard to the provision of
electric service, derives more of its annual gross operating revenue in
this State from customers located in counties whose population is 400,000
or more than it does from customers located in counties whose population
is less than 400,000.
(b) “Southern Nevada Water Authority” has the meaning ascribed to
it in NRS 538.041 .
(Added to NRS by 2001, 1266 )
UNLAWFUL ACTS AGAINST PUBLIC UTILITIES
1. It is unlawful for a person to obtain any water, gas,
electricity, power or other service, goods or product provided by a
public utility with the intent to avoid payment therefor, by:
(a) Opening, breaking into, tapping or connecting with any pipe,
flume, ditch, conduit, reservoir, wire, meter or other apparatus
belonging to or used by any other person or by the State, any county,
city, district or municipality, and taking and removing therefrom or
allowing to flow or be taken therefrom any water, gas, electricity or
power belonging to another;
(b) Connecting a pipe, tube, flume, conduit, wire or other
instrument or appliance with any pipe, conduit, tube, flume, wire, line,
pole, lamp, meter or other apparatus belonging to or used by any water,
irrigation, gas, electric or power company or corporation, or belonging
to or used by any other person in such a manner as to take therefrom
water, gas, electricity or power for any purpose or use without passing
through the meter or instrument or other means provided for registering
the quantity consumed or supplied;
(c) Altering, disconnecting, removing, injuring or preventing the
action of any headgate, meter or other instrument used to measure or
register the quantity of water, gas, electricity or power used or
supplied; or
(d) Injuring or interfering with the efficiency of any meter, pipe,
conduit, flume, wire, pole, line, lamp, fixture, hydrant or other
attachment or apparatus belonging to or used by any water, irrigation,
gas, electric or power company or corporation.
2. If the value of the service involved or the property damaged or
stolen is:
(a) Five hundred dollars or more, a person who violates the
provisions of this section is guilty of a category D felony and shall be
punished as provided in NRS 193.130 . In
addition to any other penalty, the court shall order the person to pay
restitution.
(b) Less than $500, a person who violates the provisions of this
section is guilty of a misdemeanor.
Ê In determining the value of the service involved, the value of all
services unlawfully obtained or attempted to be obtained within 3 years
before the time the indictment is found or the information is filed may
be aggregated.
3. This section applies when the service involved either
originates or terminates, or both originates and terminates, in this
state, or when the charges for the service would have been billable in
the normal course by a person providing the service in this state but for
the fact that the service was obtained or attempted to be obtained by one
or more of the means set forth in subsection 1.
[1911 C&P § 467; RL § 6732; NCL § 10416] + [1911 C&P § 468; RL §
6733; NCL § 10417]—(NRS A 1967, 656; 1979, 1493; 1985, 1038; 1987, 1316;
1995, 1320)
1. Any public utility may bring a civil action for damages against
any person who willfully and knowingly obtains, attempts to obtain or
solicits, aids or abets another to obtain any service provided by the
public utility by:
(a) Opening, breaking into, tapping or connecting with any pipe,
flume, ditch, conduit, reservoir, wire, meter or other apparatus owned or
used by another person;
(b) Bypassing any meter or other instrument used to register the
quantity consumed or supplied; or
(c) Altering, disconnecting, removing, injuring or preventing the
action of any meter or other instrument used to register the quantity
consumed or supplied,
Ê and recover a sum equal to treble the amount of the actual damages,
plus all reasonable costs and expenses incurred by the public utility
because of that conduct, including the cost of equipment, investigating
the matter and expert witnesses and attorney’s fees.
2. There is a rebuttable presumption that the person responsible
for payment for the delivery of the service of a public utility to any
premises caused or had knowledge of any act specified in subsection 1 if
he:
(a) Is the occupant of the premises; or
(b) Has any access to the system for delivery of the service to the
premises.
3. The presumption provided in subsection 2 only shifts the burden
of going forward with the evidence and does not shift the burden of proof
to the defendant.
4. A person who willfully or negligently injures or destroys the
property of a public utility which is used in the actual production,
distribution or delivery of the service provided by the public utility is
liable to the public utility for the cost of the repair or replacement of
the property injured or destroyed, including the direct and indirect
costs attributable to the repair or replacement but subtracting the
value, if any, of salvage.
5. Nothing in this section abridges or alters any other right of
action or remedy available to a public utility before or after July 1,
1985.
6. As used in this section, “direct and indirect costs
attributable to repair or replacement” include, but are not limited to,
costs for:
(a) Labor;
(b) Materials;
(c) Supervision of employees;
(d) Supplies;
(e) Tools;
(f) Taxes;
(g) Transportation;
(h) General and administrative expenses;
(i) Allocable benefits for employees;
(j) Allowances for meals; and
(k) Any other related expenses.
(Added to NRS by 1985, 1037; A 1987, 518)
CONSTRUCTION OF UTILITY FACILITIES: UTILITY ENVIRONMENTAL PROTECTION ACT
NRS 704.820 to 704.900 ,
inclusive, shall be known and may be cited as the Utility Environmental
Protection Act.
(Added to NRS by 1971, 554)
1. The Legislature hereby finds and declares that:
(a) There is at present and will continue to be a growing need for
electric, gas and water services which will require the construction of
new facilities. It is recognized that such facilities cannot be built
without in some way affecting the physical environment where such
facilities are located.
(b) It is essential in the public interest to minimize any adverse
effect upon the environment and upon the quality of life of the people of
the State which such new facilities might cause.
(c) Present laws and practices relating to the location of such
utility facilities should be strengthened to protect environmental values
and to take into account the total cost to society of such facilities.
(d) Existing provisions of law may not provide adequate opportunity
for natural persons, groups interested in conservation and the protection
of the environment, state and regional agencies, local governments and
other public bodies to participate in proceedings regarding the location
and construction of major facilities.
2. The Legislature, therefore, hereby declares that it is the
purpose of NRS 704.820 to 704.900
, inclusive, to provide a forum for the
expeditious resolution of all matters concerning the location and
construction of electric, gas and water transmission lines and associated
facilities.
(Added to NRS by 1971, 554; A 1985, 2051; 1997, 489, 1914)
As used in NRS 704.820 to 704.900 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 704.834 to 704.860
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 1971, 554; A 1973, 1263; 1985, 2298; 2001, 2986
)
“Appropriate
federal agency” means a federal agency responsible for the enforcement of
environmental laws whose approval is required for the construction of a
utility facility.
(Added to NRS by 2001, 2984 )
“Commence to
construct” means any clearing of land, excavation or other action which
would adversely affect the natural environment of the site or route of a
utility facility, but does not include changes needed for temporary use
of sites or routes for nonutility purposes, or uses in securing
geological data, including necessary borings to ascertain foundation
conditions.
(Added to NRS by 1971, 555)
“Environmental
review” includes, without limitation, an environmental assessment and
environmental impact statement.
(Added to NRS by 2001, 2984 )
“Local government” means
any county, municipality, district, agency or other unit of local
government in Nevada.
(Added to NRS by 1971, 555; A 1991, 376)
1. “Other permitting entity” means any state or local entity:
(a) That is responsible for the enforcement of environmental laws
and whose approval is required for the construction of a utility
facility, including, without limitation, the State Environmental
Commission, the State Department of Conservation and Natural Resources
and a local air pollution control board; or
(b) Whose approval is required for granting any variance, special
use permit, conditional use permit or other special exception under NRS
278.010 to 278.319 , inclusive, or 278.640 to 278.675 ,
inclusive, or any regulation or ordinance adopted pursuant thereto, that
is required for the construction of a utility facility.
2. The term does not include the Commission or the State Engineer.
(Added to NRS by 2001, 2984 )
“Person” includes a natural person,
corporation, partnership, public utility, government, governmental
agency, political subdivision of a government and any other entity that
seeks to construct a utility facility.
(Added to NRS by 1971, 555; A 1985, 539; 1997, 1914)
1. “Public utility” or “utility” includes those public utilities
defined in NRS 704.020 and not excluded
by NRS 704.030 and any oil pipeline
carrier described and regulated under chapter 708 of NRS.
2. “Public utility” does not include plants or equipment used to
generate electrical energy that is wholly consumed on the premises of and
by the producer thereof.
(Added to NRS by 1971, 555; A 1973, 1035; 1983, 2003; 1985, 2051,
2298; 1987, 288; 1997, 1914)
“Utility facility” means:
1. Electric generating plants and their associated facilities,
except:
(a) Electric generating plants and their associated facilities that
are or will be located entirely within the boundaries of a county whose
population is 100,000 or more; or
(b) Electric generating plants and their associated facilities
which use or will use renewable energy, as defined in NRS 704.7811 , as their primary source of energy to
generate electricity and which have or will have a generating capacity of
not more than 150 kilowatts, including, without limitation, a net
metering system, as defined in NRS 704.771 .
Ê As used in this subsection, “associated facilities” includes, without
limitation, any facilities for the storage, transmission or treatment of
water, including, without limitation, facilities to supply water or for
the treatment or disposal of wastewater, which support or service an
electric generating plant.
2. Electric transmission lines and transmission substations that:
(a) Are designed to operate at 200 kilovolts or more;
(b) Are not required by local ordinance to be placed underground;
and
(c) Are constructed outside any incorporated city.
3. Gas transmission lines, storage plants, compressor stations and
their associated facilities when constructed outside:
(a) Any incorporated city; and
(b) Any county whose population is 100,000 or more.
4. Water storage, transmission and treatment facilities, other
than facilities for the storage, transmission or treatment of water from
mining operations.
5. Sewer transmission and treatment facilities.
(Added to NRS by 1971, 555; A 1979, 671; 1985, 2051; 1991, 376;
1997, 489, 1915; 2001, 2986 ; 2005, 1818 )
1. Notwithstanding any specific statute, regulation or ordinance
to the contrary, the process for the issuance by the Commission or any
other permitting entity of a permit, license or other approval for the
construction of a utility facility which is subject to the provisions of
NRS 704.820 to 704.900 , inclusive, must be conducted in accordance
with those provisions.
2. No provision of NRS 704.820
to 704.900 , inclusive, exempts or is
intended to exempt the construction of a utility facility from any
requirements that are or may be imposed on the construction of the
utility facility by the Federal Government.
(Added to NRS by 2001, 2985 )
1. A person, other than a local government, shall not commence to
construct a utility facility in the State without first having obtained a
permit therefor from the Commission. The replacement of an existing
facility with a like facility, as determined by the Commission, does not
constitute construction of a utility facility. Any facility, with respect
to which a permit is required, must thereafter be constructed, operated
and maintained in conformity with the permit and any terms, conditions
and modifications contained therein. A permit may only be issued pursuant
to NRS 704.820 to 704.900 , inclusive. Any authorization relating to a
utility facility granted under other laws administered by the Commission
constitutes a permit under those sections if the requirements of those
sections have been complied with in the proceedings leading to the
granting of the authorization.
2. A permit may be transferred, subject to the approval of the
Commission, to a person who agrees to comply with the terms, conditions
and modifications contained therein.
3. NRS 704.820 to 704.900 , inclusive, do not apply to any utility
facility:
(a) For which, before July 1, 1971, an application for the approval
of the facility has been made to any federal, state, regional or local
governmental agency which possesses the jurisdiction to consider the
matters prescribed for finding and determination in NRS 704.890 ;
(b) For which, before July 1, 1971, a governmental agency has
approved the construction of the facility and the person has incurred
indebtedness to finance all or part of the cost of the construction; or
(c) Over which an agency of the Federal Government has exclusive
jurisdiction.
4. Any person intending to construct a utility facility excluded
from NRS 704.820 to 704.900 , inclusive, pursuant to paragraph (a) or (b)
of subsection 3 may elect to waive the exclusion by delivering notice of
its waiver to the Commission. NRS 704.820 to 704.900 ,
inclusive, thereafter apply to each utility facility identified in the
notice from the date of its receipt by the Commission.
(Added to NRS by 1971, 555; A 1985, 2299; 1991, 376)
1. Except as otherwise provided in subsection 2, a person who
wishes to obtain a permit for a utility facility must file with the
Commission an application, in such form as the Commission prescribes,
containing:
(a) A description of the location and of the utility facility to be
built thereon;
(b) A summary of any studies which have been made of the
environmental impact of the facility; and
(c) A description of any reasonable alternate location or locations
for the proposed facility, a description of the comparative merits or
detriments of each location submitted, and a statement of the reasons why
the primary proposed location is best suited for the facility.
Ê A copy or copies of the studies referred to in paragraph (b) must be
filed with the Commission and be available for public inspection.
2. If a person wishes to obtain a permit for a utility facility
and a federal agency is required to conduct an environmental analysis of
the proposed utility facility, the person must:
(a) Not later than the date on which the person files with the
appropriate federal agency an application for approval for the
construction of the utility facility, file with the Commission and each
other permitting entity an application, in such a form as the Commission
or other permitting entity prescribes, containing:
(1) A general description of the proposed utility facility;
and
(2) A summary of any studies which the applicant anticipates
will be made of the environmental impact of the facility; and
(b) Not later than 30 days after the issuance by the appropriate
federal agency of a final environmental assessment or environmental
impact statement relating to the construction of the utility facility:
(1) File with the Commission an amended application that
complies with the provisions of subsection 1; and
(2) File with each other permitting entity an amended
application for a permit, license or other approval for the construction
of the utility facility.
3. A copy of each application and amended application filed with
the Commission must be filed with the Administrator of the Division of
Environmental Protection of the State Department of Conservation and
Natural Resources.
4. Each application and amended application filed with the
Commission must be accompanied by:
(a) Proof of service of a copy of the application or amended
application on the clerk of each local government in the area in which
any portion of the facility is to be located, both as primarily and as
alternatively proposed; and
(b) Proof that public notice thereof was given to persons residing
in the municipalities entitled to receive notice pursuant to paragraph
(a) by the publication of a summary of the application or amended
application in newspapers published and distributed in the area in which
the utility facility is proposed to be located.
5. Not later than 5 business days after the Commission receives an
application or amended application pursuant to this section, the
Commission shall issue a notice concerning the application or amended
application. Any person who wishes to become a party to a permit
proceeding pursuant to NRS 704.885 must
file with the Commission the appropriate document required by NRS 704.885
within the time frame set forth in the
notice issued by the Commission pursuant to this subsection.
(Added to NRS by 1971, 556; A 1973, 1263; 1981, 662; 1985, 2299;
1997, 5, 1915; 2001, 2987 ; 2003, 1258 )
If a public utility that is
subject to the provisions of NRS 704.736 to 704.751 ,
inclusive, applies to the Commission for a permit for the construction of
a utility facility:
1. The Commission has exclusive jurisdiction with regard to the
determination of whether a need exists for the utility facility; and
2. No other permitting entity may consider, in its review of any
application for a permit, license or other approval for the construction
of the utility facility, whether a need exists for the utility facility.
(Added to NRS by 2001, 2985 )
The Division of Environmental Protection of the State Department of
Conservation and Natural Resources shall review each application filed
and may participate in any proceeding held pursuant to NRS 704.880 .
(Added to NRS by 1971, 556; A 1973, 1264; 1997, 6)
1. Except as otherwise provided in this subsection, if an
environmental review relating to the construction of a utility facility
in its entirety, or to the construction of any portion of a utility
facility, has already been conducted by an appropriate federal agency or
by a state, regional or local agency, the Commission and each other
permitting entity:
(a) Shall accept and incorporate the findings and conclusions made
in that review into any application for a permit, license or other
approval for the construction of the utility facility which is filed with
the Commission or other permitting entity; and
(b) Shall not conduct any duplicative environmental review on the
application.
Ê The Commission or other permitting entity need not comply with the
provisions of this subsection if the Commission or other permitting
entity has already completed its own environmental review.
2. The Commission and other permitting entities shall cooperate
with each other and the appropriate federal agencies on applications for
permits, licenses and other approvals to construct a utility facility and
coordinate their activities, including, without limitation, conducting
hearings or environmental reviews, to avoid duplication of activities.
(Added to NRS by 2001, 2985 )
The
Commission, in its discretion, may dispense with the hearing on the
application if, upon the expiration of the time fixed in the notice
thereof, no protest against the granting of the permit has been filed by
or in behalf of any interested party. The conduct of the hearing shall be
the same as set forth in the applicable Rules of Practice and Procedure
before the Commission.
(Added to NRS by 1971, 556)
1. The parties to a permit proceeding include:
(a) The applicant.
(b) The Division of Environmental Protection of the State
Department of Conservation and Natural Resources.
(c) Each local government entitled to receive service of a copy of
the application pursuant to subsection 4 of NRS 704.870 , if it has filed with the Commission a notice
of intervention as a party, within the time frame established by the
Commission pursuant to subsection 5 of NRS 704.870 .
(d) Any natural person residing in a local government entitled to
receive service of a copy of the application pursuant to subsection 4 of
NRS 704.870 , if such a person has
petitioned the Commission for leave to intervene as a party within the
time frame established by the Commission pursuant to subsection 5 of NRS
704.870 and if the petition has been
granted by the Commission for good cause shown.
(e) Any domestic nonprofit corporation or association, formed in
whole or in part to promote conservation of natural beauty, to protect
the environment, personal health or other biological values, to preserve
historical sites, to promote consumer interests, to represent commercial
and industrial groups, or to promote the orderly development of the areas
in which the facility is to be located, if it has filed with the
Commission a notice of intent to be a party within the time frame
established by the Commission pursuant to subsection 5 of NRS 704.870
.
2. Any person may make a limited appearance in the proceeding by
filing a statement of position within the time frame established by the
Commission pursuant to subsection 5 of NRS 704.870 . A statement filed by a person making a
limited appearance becomes part of the record. No person making a limited
appearance has the right to present oral testimony or cross-examine
witnesses.
3. The Commission may, for good cause shown, grant a petition for
leave to intervene as a party to participate in subsequent phases of the
proceeding, filed by a municipality, government agency, person or
organization who is identified in paragraph (c), (d) or (e) of subsection
1, but who failed to file in a timely manner a notice of intervention, a
petition for leave to intervene or a notice of intent to be a party, as
the case may be.
(Added to NRS by 1971, 556; A 1973, 910, 1265, 1837; 1977, 215;
1985, 2300; 1997, 6, 1916; 2001, 2987 ; 2003, 1259 )
1. Except as otherwise provided in subsection 3, the Commission
may not grant a permit for the construction, operation and maintenance of
a utility facility, either as proposed or as modified by the Commission,
to a person unless it finds and determines:
(a) The nature of the probable effect on the environment;
(b) The extent to which the facility is needed to ensure reliable
utility service to customers in this State;
(c) That the need for the facility balances any adverse effect on
the environment;
(d) That the facility represents the minimum adverse effect on the
environment, considering the state of available technology and the nature
and economics of the various alternatives;
(e) That the location of the facility as proposed conforms to
applicable state and local laws and regulations issued thereunder and the
applicant has obtained, or is in the process of obtaining, all other
permits, licenses and approvals required by federal, state and local
statutes, regulations and ordinances; and
(f) That the facility will serve the public interest.
2. If the Commission determines that the location of all or a part
of the proposed facility should be modified, it may condition its permit
upon such a modification. If the applicant has not obtained all the other
permits, licenses and approvals required by federal, state and local
statutes, regulations and ordinances as of the date on which the
Commission decides to issue a permit, the Commission shall condition its
permit upon the applicant obtaining those permits and approvals.
3. The requirements set forth in paragraph (f) of subsection 1 do
not apply to any application for a permit which is filed by a state
government or political subdivision thereof.
(Added to NRS by 1971, 557; A 1983, 887; 1985, 2301; 1997, 1916;
2001, 2988 )
1. Except as otherwise required to comply with federal law:
(a) Not later than 150 days after a person has filed an application
regarding a utility facility pursuant to subsection 1 of NRS 704.870
:
(1) The Commission shall grant or deny approval of that
application; and
(2) Each other permitting entity shall, if an application
for a permit, license or other approval for the construction of the
utility facility was filed with the other permitting entity on or before
the date on which the applicant filed the application pursuant to
subsection 1 of NRS 704.870 , grant or
deny the application filed with the other permitting entity.
(b) Not later than 120 days after a person has filed an amended
application regarding a utility facility pursuant to subsection 2 of NRS
704.870 :
(1) The Commission shall grant or deny approval of the
amended application; and
(2) Each other permitting entity shall, if an application
for a permit, license or other approval for the construction of the
utility facility was filed with the other permitting entity on or before
the date on which the applicant filed with the appropriate federal agency
an application for approval for the construction of the utility facility,
grant or deny the amended application filed with the other permitting
entity.
2. The Commission or other permitting entity shall make its
determination upon the record and may grant or deny the application as
filed, or grant the application upon such terms, conditions or
modifications of the construction, operation or maintenance of the
utility facility as the Commission or other permitting entity deems
appropriate.
3. The Commission shall serve a copy of its order and any opinion
issued with it upon each party to the proceeding before the Commission.
(Added to NRS by 2001, 2985 )
1. Any person other than a public utility who receives a permit
issued by the Commission pursuant to NRS 704.820 to 704.900 ,
inclusive, shall, as provided in subsection 2, file with the Commission
reports which contain:
(a) The location, nature and capacity of that facility;
(b) The anticipated date for commercial operation of that facility;
(c) Information regarding whether any public utility in this state
has contracted for the purchase of the capacity or other services of that
facility; and
(d) Information regarding whether any capacity or other services of
that facility is available for purchase by public utilities in this state.
2. The reports required by subsection 1 must be filed:
(a) On or before the date on which construction of a utility
facility is commenced; and
(b) On a date not later than:
(1) Twelve months before the scheduled date of commercial
operation of that facility; or
(2) Thirty days before the actual date of commercial
operation of that facility,
Ê whichever is earlier.
(Added to NRS by 1985, 2297; A 1997, 1917; 2001, 2989 )
No public utility which has a
parent or an affiliated corporation or a subsidiary of that parent or
affiliated corporation with an interest in the ownership of a utility
facility, may purchase or contract for the capacity of that facility
unless the purchase or the contract has been reviewed and approved by the
Commission in a manner consistent with the provisions of NRS 704.736
to 704.751 , inclusive.
(Added to NRS by 1985, 2297)
1. Any party aggrieved by any order issued by the Commission on an
application for a permit may apply for a rehearing within 15 days after
issuance of the order. Any party aggrieved by the final order of the
Commission on rehearing may obtain judicial review thereof by filing a
complaint in a district court within 30 days after the issuance of such
final order. Upon receipt of such complaint, the Commission shall
forthwith deliver to the court a copy of the written transcript of the
record of the proceeding before it and a copy of its decision and opinion
entered therein, which constitutes the record on judicial review.
2. The grounds for and the scope for review of the court are
limited to whether the opinion and order of the Commission are:
(a) In conformity with the Constitution and the laws of the State
of Nevada and of the United States;
(b) Supported by substantial evidence in the record;
(c) Made in accordance with the procedures set forth in NRS 704.820
to 704.900 , inclusive, or established order, rule or
regulation of the Commission; and
(d) Arbitrary, capricious or an abuse of discretion.
(Added to NRS by 1971, 558; A 2001, 2989 )
Nothing in the
provisions of NRS 704.820 to 704.900
, inclusive, may be construed as
limiting the jurisdiction of the Commission over public utilities which
serve retail customers in this state.
(Added to NRS by 1985, 2297)
The Commission, in the discharge of its duties under NRS 704.820 to 704.900 ,
inclusive, or any other law, shall, to the extent practicable, make joint
investigations, hold joint hearings within or without the State, and
issue joint or concurrent orders in conjunction or concurrence with any
official or agency of any state or of the United States, whether in the
holding of such investigations or hearings, or in the making of such
orders, the Commission functions under agreements or compacts between
states or under the concurrent power of states to regulate interstate
commerce, or as an agency of the United States, or otherwise. The
Commission may, in the discharge of its duties under NRS 704.820 to 704.900 ,
inclusive, negotiate and enter into agreements or compacts with agencies
of other states, pursuant to any consent of the Congress, for cooperative
efforts in permitting the construction, operation and maintenance of
utility facilities in accord with the purposes of NRS 704.820 to 704.900 ,
inclusive, and for the enforcement of the respective state laws regarding
them.
(Added to NRS by 1971, 558; A 2001, 2990 )
UTILITY SERVICE PROVIDED TO MOBILE HOME PARKS AND COMPANY TOWNS
As used in NRS 704.905 to 704.960 ,
inclusive:
1. “Alternative seller” has the meaning ascribed to it in NRS
704.994 .
2. “Company town” means a community whose primary purpose is to
provide housing to employees of a person who owns not less than 70
percent of the dwellings, and may include commercial or other supporting
establishments.
3. “Dwelling” includes a commercial or other supporting
establishment.
4. “Utility” includes a public utility and all city, county or
other governmental entities which provide electric, gas or water service
to a mobile home park or a company town.
(Added to NRS by 1989, 1867; A 1991, 1984; 2001, 1767 )
1. The provisions of NRS 704.910
to 704.960 , inclusive, apply to mobile
home parks governed by the provisions of chapters 118B and 461A of NRS,
utilities and alternative sellers which provide utility service to those
parks and landlords who operate those parks.
2. A utility or an alternative seller which provides gas, water or
electricity to any landlord exclusively for distribution or resale to
tenants residing in mobile homes or for the landlord’s residential use
shall not charge the landlord for those services at a rate higher than
the current rates offered by the utility or alternative seller, as
appropriate, to its residential customers.
(Added to NRS by 1981, 1239; A 1983, 2030; 1987, 934; 1989, 1867;
2001, 1767 )
1. The provisions of NRS 704.920
to 704.960 , inclusive, apply to company
towns, utilities and alternative sellers which provide utility services
to company towns, and persons who own and operate company towns.
2. The Commission shall require a public utility or an alternative
seller, as appropriate, which provides utility services to a mobile home
park or to a company town, or an independent person who is qualified, to
conduct examinations to examine and test the lines and equipment for
distributing electricity and gas within the park or town at the request
of the Manufactured Housing Division of the Department of Business and
Industry or a city or county which has responsibility for the enforcement
of the provisions of chapter 461A of NRS.
The utility or alternative seller, the person selected to conduct the
examination and the Commission may enter a mobile home park or company
town at reasonable times to examine and test the lines and equipment,
whether or not they are owned by a utility or an alternative seller.
3. The utility or alternative seller, as appropriate, or the
person selected to conduct the examination, shall conduct the examination
and testing to determine whether any line or equipment is unsafe for
service under the safety standards adopted by the Commission for the
maintenance, use and operation of lines and equipment for distributing
electricity and gas, and shall report the results of the examination and
testing to the Commission.
4. The owner of the mobile home park or company town shall pay for
the costs of the examination and testing.
5. If the landlord of a mobile home park or owner of a company
town refuses to allow the examination and testing to be made as provided
in this section, the Commission shall deem the unexamined lines and
equipment to be unsafe for service.
6. If the Commission finds:
(a) Or deems any lines or equipment within a mobile home park or
company town to be unsafe for service, it shall take appropriate action
to protect the safety of the residents of the park or town.
(b) Such lines or equipment to be unsafe for service or otherwise
not in compliance with its safety standards, it may, after a hearing,
order the landlord or owner to repair or replace such lines and
equipment. For this purpose, the landlord or owner may expend some or all
of the money in his account for service charges for utilities, which he
is required to keep under NRS 704.940 .
(Added to NRS by 1983, 2032; A 1989, 1867; 1991, 1984; 1993, 1925;
2001, 1767 )
If a utility or an alternative seller provides a
utility service to a mobile home park or company town and the landlord of
the park or owner of the town charges his tenants or the occupants of his
dwellings for that service, the landlord or owner shall:
1. Provide that service to his tenants or the occupants of his
dwellings in a manner which is consistent with the utility’s tariffs on
file with the Commission, if applicable, and any law, ordinance or
governmental regulation relating to the provision of that service. The
landlord or owner of the town shall not interrupt such a service for
nonpayment of charges unless the interruption is performed in a manner
which is consistent with the utility’s tariffs on file with the
Commission, if applicable, and any law, ordinance or governmental
regulation relating to the manner of interrupting such a service for
nonpayment of charges.
2. Not more than 5 days after he receives notice of a proposed
increase in the rates of the utility service, give notice to his tenants
or those occupants of the proposed increase.
(Added to NRS by 1983, 2033; A 1989, 1868; 1991, 388, 1985; 2001,
1768 )
1. In a mobile home park or company town where the landlord or
owner is billed by a gas or electric utility or an alternative seller and
in turn charges the tenants or occupants of the dwellings for the service
provided by the utility or alternative seller, and the park or town:
(a) Is equipped with individual meters for each lot, the landlord
or owner shall not charge a tenant or occupant for that service at a rate
higher than the rate paid by the landlord or owner.
(b) Is not equipped with individual meters for each lot, the
landlord or owner shall prorate the cost of the service equally among the
tenants of the park or occupants of the dwellings who use the service,
but the prorated charges must not exceed in the aggregate the cost of the
service to the landlord or owner.
2. In a mobile home park or company town that:
(a) Is equipped with individual water meters for each lot, the
individual meters must be read and billed by the purveyor of the water.
(b) Is not equipped with individual water meters for each lot and
the landlord or owner is billed by the purveyor of the water and in turn
charges the tenants or occupants of the dwellings for the service
provided by the purveyor, the landlord or owner shall prorate the cost of
the service equally among the tenants of the park or occupants of the
dwellings who use the service, but the prorated charges must not exceed
in the aggregate the cost of the service to the landlord or owner.
Ê The landlord or owner of a mobile home park that converts from a
master-metered water system to individual water meters for each mobile
home lot shall not charge or receive any fee, surcharge or rent increase
to recover from his tenants the costs of the conversion. The owner of a
company town that is not equipped with individual water meters shall not
convert from the master-metered water system to individual water meters.
3. To the extent that the cost of providing a utility service to
the common area of a mobile home park or company town can be identified,
the landlord or owner may not recover the cost of the utility service
provided to the common area by directly charging a tenant or the occupant
of a dwelling for those services.
4. The landlord of a mobile home park or owner of a company town
may assess and collect a charge to reimburse him for the actual cost of
the service charge he is required to pay to a water utility serving the
park or town. If he collects such a charge, he shall prorate the actual
cost of the service charge to the tenants or occupants of dwellings who
use the service. He shall not collect more than the aggregate cost of the
service to him.
5. The landlord may assess and collect a service charge from the
tenants of the park for the provision of gas and electric utility
services, but the amount of the charge must not be more than the tenants
would be required to pay the utility or alternative seller providing the
service. The landlord shall:
(a) Keep the money from the service charges in a separate account
and expend it only for federal income taxes which must be paid as a
result of the collection of the service charge, for preventive
maintenance or for repairing or replacing utility lines or equipment when
ordered or granted permission to do so by the Commission; and
(b) Retain for at least 3 years a complete record of all deposits
and withdrawals of money from the account and file the record with the
Commission on or before March 30 of each year.
6. Money collected by the landlord or owner for service provided
by a utility or an alternative seller to the tenants of a mobile home
park or occupants of the dwellings may not be used to maintain, repair or
replace utility lines or equipment serving the common area of the mobile
home park or company town.
7. The owner of a company town who provides a utility service
directly to the occupants of the town may charge the occupants their pro
rata share of his cost of providing that service. Where meters are
available, the pro rata share must be based on meter readings. Where
meters are not available, the owner shall determine a fair allocation
which must be explained in detail to the Commission in the reports
required by NRS 704.960 . The Commission
may modify the allocation in accordance with its regulations if it
determines the owner’s method not to be fair. The Commission shall adopt
regulations governing the determination of the costs which an owner of a
company town may recover for providing a utility service directly to the
occupants of that town and the terms and conditions governing the
provision of that service.
8. The landlord or owner shall itemize all charges for utility
services on all bills for rent or occupancy. The landlord or owner may
pass through to the tenant or occupant any increase in a rate for a
utility service and shall pass through any decrease in a charge for a
utility service as it becomes effective.
9. The landlord or owner shall retain for at least 3 years a copy
of all billings for utility services made to his tenants or the occupants
of his dwellings and shall make these records available upon request to
the Commission for verification of charges made for utility services.
10. A landlord whose interest in a mobile home park terminates for
any reason shall transfer to his successor in interest any balance
remaining in the account for service charges for utilities. Evidence of
the transfer must be filed with the Commission.
11. The Commission may at any time examine all books and records
which relate to the landlord’s or owner’s purchase of or billing for a
service provided by a utility or an alternative seller if he is charging
the tenants of the mobile home park or occupants of the dwellings for
that service.
(Added to NRS by 1983, 2033; A 1987, 935; 1989, 1868; 1991, 1985;
1995, 917; 2001, 1768 )
1. The tenant of a lot in a mobile home park or occupant of a
dwelling in a company town who believes that the landlord or owner has
violated the provisions of NRS 704.930 ,
704.940 or 704.960 may complain to the Division of Consumer
Complaint Resolution of the Commission. The Division shall receive and
promptly investigate the complaint. If the Division is unable to resolve
the complaint, the Division shall transmit the complaint and its
recommendation to the Commission.
2. The Commission shall investigate, give notice and hold a
hearing upon the complaint, applying to the extent practicable the
procedures provided for complaints against public utilities in chapter
703 of NRS.
3. If the Commission finds that the landlord of the mobile home
park or owner of the company town has violated the provisions of NRS
704.930 , 704.940 or 704.960 ,
it shall order him to cease and desist from any further violation. If the
violation involves an overcharge for a service, the Commission shall
determine the amount of the overcharge and order the landlord or owner to
return that amount to the tenant or occupant within a specified time.
4. If the landlord or owner fails or refuses to comply with its
order, the Commission may compel compliance by any appropriate civil
remedy available to it under this chapter. For the purposes of compelling
compliance by the landlord or owner, the Commission may use such methods
as are available for the Commission to compel the compliance of a public
utility.
(Added to NRS by 1983, 2033; A 1987, 936; 1991, 1987; 1997, 1918)
Each landlord of a mobile home park or
owner of a company town shall submit an annual report to the Commission.
The report must contain detailed information on the collections and
expenditures of the landlord’s or owner’s account for service charges for
utilities, information necessary to determine compliance with NRS 704.940
, details of any changes in ownership
during the period covered by the report and such other information as the
Commission deems necessary to determine whether the landlord or owner has
complied with the provisions of this chapter which apply to mobile home
parks and company towns. The Commission shall by regulation provide for
the annual filing of the reports.
(Added to NRS by 1987, 934; A 1991, 1988)
LIQUEFIED PETROLEUM GAS SERVICE
1. Each dealer who leases a tank for the storage of liquefied
petroleum gas to a customer shall, upon the request of a customer, remove
the tank from the customer’s premises.
2. The dealer shall refund to the customer:
(a) On a pro rata basis, an amount equal to the rent for the unused
portion of the lease; and
(b) An amount equal to the value of the liquefied petroleum gas
which remains in the tank when the tank is removed. In calculating the
value of the liquefied petroleum gas, the dealer shall use the price the
customer paid for the liquefied petroleum gas.
3. The dealer shall mail the refund to the customer within 15 days
after the tank is removed from the customer’s premises.
4. Any person who violates any of the provisions of this section
is guilty of a misdemeanor.
(Added to NRS by 1989, 1834)—(Substituted in revision for NRS
704.765)
NATURAL GAS SERVICE
Discretionary Service
1. Each provider of discretionary natural gas service shall:
(a) Collect from each customer who is purchasing natural gas from
the provider of discretionary natural gas service any tax, fee or
assessment that would be due a governmental entity had the customer
continued to purchase natural gas from a public utility that was
regulated fully by the Commission pursuant to NRS 704.001 to 704.960 ,
inclusive; and
(b) Remit any tax, fee or assessment collected pursuant to
paragraph (a) to the applicable governmental entity.
2. Each person who is responsible for billing a customer who is
purchasing natural gas from a provider of discretionary natural gas
service shall ensure that the amount which the customer must pay pursuant
to this section is set forth as a separate item or entry on each bill
submitted to the customer.
3. Upon petition by a governmental entity to which a tax, fee or
assessment must be remitted pursuant to this section, the Commission may
limit, suspend or revoke any license or other authority conferred by the
Commission upon a provider of discretionary natural gas service if the
Commission, after providing an appropriate notice and hearing, determines
that the provider of discretionary natural gas service has failed to pay
the tax, fee or assessment.
(Added to NRS by 2003, 3028 )
Resource Planning
A utility which supplies natural
gas in this state shall file annually with the Commission, in a format
prescribed by the Commission, an informational report which describes:
1. The anticipated demand for natural gas made on its system by
its customers;
2. The estimated cost of supplying natural gas sufficient to meet
the demand and the means by which the utility proposes to minimize that
cost;
3. The sources of planned acquisitions of natural gas, including
an estimate of the cost and quantity of the acquisitions to be made from
each source and an assessment of the reliability of the source; and
4. Significant operational or capital requirements of the utility
related to its provision of gas service in this state.
(Added to NRS by 1987, 699; A 1997, 1913)—(Substituted in revision
for NRS 704.755)
Competitive Service
As used in NRS 704.993 to 704.999 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 704.994 , 704.995 and 704.996
have the meanings ascribed to them in those sections.
(Added to NRS by 1997, 1902; A 2003, 3030 )
“Alternative seller”
means a seller of any competitive, discretionary or potentially
competitive component of natural gas service.
(Added to NRS by 1997, 1902)
“Person” includes a natural person,
corporation, partnership, public utility, government, governmental agency
and political subdivision of a government.
(Added to NRS by 1997, 1902)
“Potentially competitive service” means a component of service relating
to the provision of natural gas to customers in this state that is
determined by the Commission to be suitable for purchase by customers
from alternative sellers.
(Added to NRS by 1997, 1902)
1. Except as otherwise provided in this section, upon the receipt
of a specific request for an exemption by a public utility that supplies
natural gas, the Commission may, to the extent it deems necessary, exempt
any service offered by the public utility from the strict application of
one or more provisions of this chapter. Such an exemption may be made
only upon a determination by the Commission, after notice and an
opportunity for a hearing, that the service is competitive, discretionary
or potentially competitive.
2. The Commission shall adopt regulations necessary to establish
an alternative plan of regulation of a public utility that supplies
natural gas and that is otherwise subject to regulation pursuant to the
provisions of this chapter. The alternative plan may include, but is not
limited to, provisions that:
(a) Allow adjustment of the rates charged by the public utility
during the period in which the utility elects the alternative plan of
regulation.
(b) Except as otherwise provided in this section, specify the
provisions of this chapter that do not apply to a public utility which
elects to be regulated under the alternative plan.
(c) Provide for flexibility of pricing for services that are
discretionary, competitive or potentially competitive.
3. A public utility that elects to be regulated under the
alternative plan established pursuant to this section:
(a) Remains subject to the provisions of NRS 704.033 , 704.035 and
704.9985 ; and
(b) Is not subject to the remaining provisions of this chapter to
the extent specified pursuant to this section.
4. In providing a potentially competitive service, an affiliate of
a provider of a noncompetitive service may use the name or logo, or both,
of the provider of noncompetitive service.
5. It is unlawful for an alternative seller to sell any service
relating to the supply of natural gas to a customer for his consumption
within this State without first having obtained a license from the
Commission to do so.
(Added to NRS by 1997, 1902; A 1999, 3271 ; 2003, 3030 )
1. Not later than January 1, 1999, the Commission shall, by
regulation, set forth the procedures and conditions that alternative
sellers must satisfy before obtaining a license to sell potentially
competitive services to customers in this state, including, but not
limited to:
(a) Safety;
(b) Reliability of service;
(c) Financial reliability;
(d) Fitness to serve new customers; and
(e) Billing practices and customer services, including the
initiation and termination of service.
2. The Commission may deny the application of a prospective
alternative seller for a license, or may limit, suspend or revoke a
license issued to an alternative seller, if the action is necessary to
protect the interests of the public or to enforce the provisions of this
chapter or a regulation of the Commission. In determining whether to take
any of those actions, the Commission may consider whether the applicant
for or holder of such a license, or any affiliate thereof, has engaged in
activities which are inconsistent with effective competition.
(Added to NRS by 1997, 1903)
1. Each public utility that elects to be regulated under an
alternative plan of regulation pursuant to NRS 704.997 shall:
(a) Collect from each customer who is purchasing natural gas from
the public utility under the alternative plan of regulation any tax, fee
or assessment that would be due a governmental entity had the customer
continued to purchase natural gas from a public utility that was
regulated fully by the Commission pursuant to NRS 704.001 to 704.960 ,
inclusive; and
(b) Remit any tax, fee or assessment collected pursuant to
paragraph (a) to the applicable governmental entity.
2. Each alternative seller shall:
(a) Collect from each customer who is purchasing natural gas from
the alternative seller any tax, fee or assessment that would be due a
governmental entity had the customer continued to purchase natural gas
from a public utility that was regulated fully by the Commission pursuant
to NRS 704.001 to 704.960 , inclusive; and
(b) Remit any tax, fee or assessment collected pursuant to
paragraph (a) to the applicable governmental entity.
3. Each person who is responsible for billing a customer who is
purchasing natural gas from a public utility under an alternative plan of
regulation or from an alternative seller shall ensure that the amount
which the customer must pay pursuant to this section is set forth as a
separate item or entry on each bill submitted to the customer.
4. Upon petition by a governmental entity to which a tax, fee or
assessment must be remitted pursuant to this section, the Commission may
limit, suspend or revoke any license or other authority conferred by the
Commission upon a public utility or alternative seller if the Commission,
after providing an appropriate notice and hearing, determines that the
public utility or alternative seller has failed to pay the tax, fee or
assessment.
(Added to NRS by 2003, 3028 )
1. A customer of natural gas within the service territory of a
public utility that supplies natural gas who obtains his own supply of
natural gas or capacity on a pipeline from a person other than the public
utility for at least 30 continuous days may seek restoration of service
from the public utility in accordance with the tariffs filed pursuant to
this section.
2. A public utility that supplies natural gas shall file a tariff
with the Commission that states the terms and conditions under which a
customer may restore his gas service from the public utility pursuant to
this section. The tariff must be reviewed by the Commission and must
include, without limitation:
(a) A procedure for reestablishing the gas service;
(b) Methods of accounting to be used for identifying and billing
actual costs incurred by the public utility for:
(1) Reestablishing service;
(2) Obtaining new supplies of gas for the customers; and
(3) Acquiring and maintaining the necessary capacity for
transporting the supplies of gas, if applicable;
(c) Methodology for determining the costs of administration and
overhead costs;
(d) Methods of accounting to determine any incremental costs
incurred by the public utility to serve the customer or group of
customers;
(e) Procedures for curtailment to be used in establishing
priorities of service;
(f) Procedures that will be available to customers to resolve
disputes in billing; and
(g) The minimum period during which the customer must take the
resumed service.
3. For the purposes of this section, a public utility may charge
its actual cost of obtaining any additional supply of gas to serve the
returning customers. The Commission shall verify the compliance of a
public utility with its tariff filed pursuant to this section.
(Added to NRS by 1997, 1903)
