Nrs: Chapter 704 - Regulation Of Public Utilities Generally

Link to law: https://www.leg.state.nv.us/NRS/NRS-704.html
Published: 2015

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[Rev. 2/11/2015 12:29:52

PM--2014R2]

CHAPTER 704 - REGULATION OF PUBLIC

UTILITIES GENERALLY

GENERAL PROVISIONS

NRS 704.001           Purpose

and policy of Legislature in enacting chapter.

NRS 704.005           Definitions.



NRS 704.006           “Basic

network service” defined.

NRS 704.007           “Biomass”

defined.

NRS 704.008           “Business

line service” defined.

NRS 704.010           “Commission”

defined.

NRS 704.011           “Competitive

supplier” defined.

NRS 704.012           “Consumer’s

Advocate” defined.

NRS 704.013           “Fund

to maintain the availability of telephone service” defined.

NRS 704.0135         “Incumbent

local exchange carrier” defined.

NRS 704.0137         “Interexchange

carrier” defined.

NRS 704.014           “Local

exchange carrier” defined.

NRS 704.015           “Person”

defined.

NRS 704.018           “Provider

of last resort” defined.

NRS 704.020           “Public

utility” or “utility” defined.

NRS 704.021           “Public

utility” or “utility” further defined.

NRS 704.023           “Small-scale

provider of last resort” defined.

NRS 704.025           “Telecommunication”

defined.

NRS 704.027           “Telecommunication

provider” or “telephone company” defined.

NRS 704.028           “Telecommunication

service” or “telephone service” defined.

NRS 704.031           Power

to subpoena person claiming exemption.

NRS 704.032           Participation

of Office of Economic Development in proceedings before Commission.

ANNUAL ASSESSMENTS

NRS 704.033           Levy

and collection; limitations.

NRS 704.035           Report

on revenue; computation, payment and adjustment of assessment; fee for

delinquent assessment; action for collection; transfer to Consumer’s Advocate.

GENERAL RIGHTS AND OBLIGATIONS

NRS 704.040           Charges

for services must be just and reasonable; applicability; fair and impartial

regulation of telecommunication providers; fund to maintain availability of

telephone service; regulations concerning independent administrator to certify

or recertify eligibility of customers for lifeline service.

NRS 704.050           Special

contract rates.

NRS 704.060           Charge

for shorter haul included within longer haul.

RATES AND SCHEDULES

NRS 704.061           Definitions.

NRS 704.062           “Application

to make changes in any schedule” and “application” defined.

NRS 704.065           “Rate”

defined.

NRS 704.066           “Schedule”

defined.

NRS 704.068           Acts

deemed to be change in schedule.

NRS 704.069           Commission

required to conduct consumer session for certain rate cases; Commission

required to conduct general consumer session annually in certain counties.

NRS 704.070           Public

utility required to file current schedules with Commission and to post current

schedules at certain offices; public inspection of current schedules.

NRS 704.075           Separate

standards for rates for natural gas supplied to commercial and industrial

customers; exemption from certain provisions concerning rates.

NRS 704.085           Electric

utility prohibited from making change in schedule or rate which requires

residential customer to purchase electric service based on time of usage;

exception.

NRS 704.095           Simplified

procedures or methodologies for changing rates for certain public utilities

furnishing water or services for sewage.

NRS 704.097           Simplified

procedure for obtaining certificate of public convenience and necessity and for

changing rates for certain public utilities furnishing liquefied petroleum gas.

NRS 704.100           Procedure

for changing schedule: Approval of Commission required; filing application or

letter of advice; quarterly rate adjustments for certain utilities; posting

proposed, new and amended schedules; limitation on use of certain information

to justify rate increase; power of Commission to dispense with hearing in

certain matters; request for waiver.

NRS 704.110           Procedure

for changing schedule: Investigation by Commission; parties; time within which

Commission must act; general rate application; other applications and rate

adjustments; deferred energy accounting adjustments; recovery of costs to plan,

construct, retire or eliminate certain facilities.

NRS 704.120           Commission

may substitute just and reasonable rates, regulations, practices or services

after investigation and hearing; exceptions.

NRS 704.130           Rates

effective and regulations enforceable until modified by Commission or court.

NRS 704.140           Free

or reduced rates for transportation unlawful; exceptions; penalty.

GENERAL STANDARDS AND PRACTICES

NRS 704.143           Persons

with physical or mental disabilities entitled to full and equal enjoyment of facilities

for public transportation; unlawful denial of services and facilities.

NRS 704.145           Unlawful

to refuse service of public transportation or charge additional fee or deposit

to certain persons accompanied by service animal or service animal in training;

remedies.

NRS 704.150           Duty

of connecting railroad to transfer car for just and reasonable charge.

NRS 704.160           Duty

of railroad to provide and maintain depots, stations and other facilities.

NRS 704.170           Duty

of railroad to furnish freight cars to shippers; regulations.

NRS 704.175           Compliance

with standards for electrical construction; inspection; exemption.

NRS 704.183           Examination

of certain public utilities.

NRS 704.1835         Commission

required to adopt or amend regulations relating to termination of utility

service for gas, water or electricity.

DEFERRED ACCOUNTING

NRS 704.185           Use

of deferred accounting by certain natural gas utilities; procedure;

limitations.

NRS 704.187           Use

of deferred accounting by certain electric utilities; procedure; limitations.

REPORTS AND RECORDS

NRS 704.190           Report

and investigation of accident; regulations; forms; public inspection of report;

inadmissibility of report in action for damages.

NRS 704.195           Recording

of telephone call concerning emergency or service outage; disclosure.

NRS 704.197           Public

utility to provide name and address of person listed in records of utility upon

request of public administrator or deputy; immunity for disclosure made in good

faith.

NRS 704.201           Investigation

by law enforcement agency: Subpoena for name and address of person listed in

records of customers.

NRS 704.202           Investigation

by law enforcement agency: Disclosure of name and address of person listed in

records of customers.

NRS 704.206           Provision

of list of customers for district judge or jury commissioner; reimbursement for

cost of compiling list; immunity from liability for disclosure of list.

OTHER STANDARDS AND PRACTICES

NRS 704.210           Powers

of Commission: Adoption of regulations; supervision and regulation of public

utilities; exceptions.

NRS 704.215           Powers

of Commission: Adoption of certain rules, regulations and rates by reference.

NRS 704.220           Powers

of Commission: Fixing standards; examination and testing of product or service.

NRS 704.223           Authorization

of purchase or transmission of electricity to certain businesses to reduce

overall cost of electricity to business.

NRS 704.225           Regulations

requiring lower rates for electricity for irrigation pumps: Interruptible

service.

NRS 704.230           Installation

and use of water meters; separate rate for residential users. [Effective until

certain conditions concerning agreement between Sierra Pacific Power Company

and Pyramid Lake Paiute Tribe have been met.]

NRS 704.230           Installation

of water meters required by certain residential buildings; exceptions.

[Effective when certain conditions concerning agreement between Sierra Pacific

Power Company and Pyramid Lake Paiute Tribe have been met.]

NRS 704.235           Use

by local government of facilities of public utility for treatment,

transportation or exchange of water.

NRS 704.240           Powers

of Commission: Purchase of apparatus for examinations and tests; entry on

premises to make examination and test.

NRS 704.250           Powers

of Commission: Standards for maintenance, use and operation of electric poles,

wires, cables and appliances.

NRS 704.260           Powers

of Commission: Requiring repair and construction of property and use of

appliances for safety; regulations.

NRS 704.280           Powers

of Commission: Regulation of lines and tracks; regulations; safety devices.

NRS 704.285           Violation

of law governing interception or disclosure of communications made by wire or

radio: Investigation; hearing; orders to cease and desist.

NRS 704.300           Railroad

crossings: Powers of Commission; payment of expenses.

NRS 704.305           Railroad

crossings: Apportionment of costs of construction, reconstruction and

protective devices; maintenance of surface.

NRS 704.307           Railroads:

Duty of Commission to ensure safety; regulations.

NRS 704.309           Railroads:

Commission to levy and collect annual assessments; fee for delinquent

assessment; sale or transfer of certificate of public convenience and

necessity; action for collection of assessment or fee.

NRS 704.310           Sale

of surplus light, heat or power by person not public utility; approval by

Commission.

NRS 704.320           Purchase

of surplus water or electric current by public utility for resale; application

filed with Commission; approval of application; seller not deemed public

utility.

STOCKS AND SECURITY TRANSACTIONS

NRS 704.322           “Security”

defined.

NRS 704.323           Issuance

of security or assumption of obligation by privately owned public utility

subject to authorization by Commission; exceptions.

NRS 704.324           Order

authorizing issuance of security or assumption of obligation; variable-rate

securities; supplemental order; findings; conditions.

NRS 704.325           Limitations

on application of security or proceeds.

NRS 704.326           Guarantee

or obligation of State not implied.

NRS 704.327           Payment

of necessary expenses of Commission by public utility.

NRS 704.328           Inapplicability

of NRS 704.322 to 704.326,

inclusive, to certain public utilities.

MERGERS, ACQUISITIONS OR CHANGES IN CONTROL

NRS 704.329           Mergers,

acquisitions or changes in control of public utility or entity that holds controlling

interest in public utility: Authorization of Commission required; time within

which Commission must act; exceptions.

CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY

NRS 704.3296         “Electric

utility” defined.

NRS 704.330           Public

utility to obtain certificate of public convenience and necessity; exceptions;

terms and conditions; orders to cease and desist; duplication of service;

boundaries of certain service areas.

NRS 704.340           Municipalities

and certain trusts for furtherance of public functions not required to obtain

certificates; approval and jurisdiction of Commission.

NRS 704.350           Prerequisites

to issuance of certificate.

NRS 704.355           Considerations

for issuance of certificate to certain utilities providing water service or

sewage service.

NRS 704.360           Conduct

of investigations and hearings.

NRS 704.370           Issuance

or refusal of certificate: Terms and conditions; hearing required for certain

applications; power of Commission to dispense with hearing for certain

applications.

NRS 704.380           Public

utility beginning, prosecuting or completing new construction without

certificate: Levy of tolls and charges prohibited and void; exceptions.

NRS 704.390           Discontinuance,

modification or restriction of service: Authorization of Commission required;

hearing required for certain applications; power of Commission to dispense with

hearing for certain applications.

NRS 704.400           Order

of Commission prima facie lawful from date of order.

NRS 704.410           Transfer

of certificate: Authorization of Commission required; hearing required for

certain transfers; power of Commission to dispense with hearing for certain

transfers; factors considered; effectiveness of certificate after transfer.

VALUATION OF PROPERTY

NRS 704.440           Investigation

and ascertainment of value of property of public utility; exceptions.

VIOLATIONS, PENALTIES AND REMEDIES

NRS 704.595           Civil

penalty for violation of regulations adopted in conformity with Natural Gas

Pipeline Safety Act of 1968; compromise and recovery of penalty.

NRS 704.600           Failure

or refusal to make reports or allow examination unlawful; administrative fine.

NRS 704.630           Additional

civil remedies of Commission.

NRS 704.635           Order

by Commission to cease and desist.

NRS 704.638           Unlawful

to post sign on device of public utility used to support line for telephone or

electricity.

NRS 704.640           Criminal

penalties.

NRS 704.645           Remedies

of State cumulative; election of remedies.

CUSTOMER DEPOSITS

NRS 704.655           Public

utility required to pay interest on deposits made by customers; penalty.

WATER SERVICE AND SEWAGE SERVICE

NRS 704.660           Public

utility supplying water required to provide sufficient water for protection

from fire at reasonable rates; regulations by Commission.

NRS 704.661           Certain

public utilities furnishing water or sewage service required to submit resource

plan for meeting demand made on system; request for waiver from submission of

resource plan; contents and procedure; recovery of certain costs and

expenditures relating to plan.

NRS 704.662           Plan

of water conservation: Requirement and procedure for adoption; review by Commission;

election to comply with plan adopted by Commission.

NRS 704.6622         Plan

of water conservation: Contents; approval by Commission.

NRS 704.6624         Plan

to provide incentives for water conservation: Procedure for adoption; revision;

review and approval by Commission.

NRS 704.663           Certain

public utilities furnishing water or sewage service: Regulations by Commission

to consider certain requests by utility to recover costs or impose surcharge.

NRS 704.664           Facility

for treatment of water acquired and constructed by county: Approval of

Commission required for imposition of tax to finance facility if water taxed is

supplied by public utility; determination by Commission.

NRS 704.6642         Facility

for treatment of water acquired and constructed by county: Billing and

collection of tax imposed on customers of public utility.

NRS 704.6644         Facility

for treatment of water acquired and constructed by county: Public utility’s use

of water treatment services provided by facility authorized; Commission’s

approval of agreement for use required.

NRS 704.6646         Facility

for treatment of water acquired and constructed by county: Operation and

maintenance of facility by public utility authorized; Commission’s approval of

agreement for operation and maintenance required.

NRS 704.665           Water

to be provided through single connection to building containing multiple units

for occupancy; exception.

NRS 704.667           Public

utility not required to furnish water for artificial lake or stream if

prohibited or restricted by ordinance in certain counties; exceptions.

NRS 704.6672         Review

of water supply and sewage service for certain proposed subdivisions: Duties of

Commission; fee; exceptions.

NRS 704.6674         Supplier

of water or services for sewage: Regulation by county; exceptions; appointment

of receiver upon petition of county commissioners.

NRS 704.6676         Supplier

of water or services for sewage: Appointment of receiver upon petition of

Commission.

NRS 704.668           Disposal

or encumbrance of property by certain public utilities furnishing water or

services for sewage: Approval of Commission required; hearing required in

certain matters; regulations.

GEOTHERMAL ENERGY

NRS 704.669           Regulation

of sale of geothermal energy to public.

COOPERATIVE ASSOCIATIONS, NONPROFIT CORPORATIONS AND

ASSOCIATIONS AND OTHER SIMILAR ENTITIES

NRS 704.673           Cooperatives,

nonprofit corporations and associations supplying services both to public and

members declared public utilities; regulation by Commission.

NRS 704.675           Cooperatives,

nonprofit corporations and associations supplying services to members only

declared public utilities; limited jurisdiction of Commission.

NRS 704.677           Certificates

of public convenience and necessity to be issued to certain cooperatives,

nonprofit corporations and associations; contents of statement and certificate.

BROADBAND SERVICE

NRS 704.684           Limitations

on regulation of broadband service; exceptions.

INTERNET PROTOCOL-ENABLED SERVICE AND VOICE OVER INTERNET

PROTOCOL SERVICE

NRS 704.685           Limitations

on regulation of Internet Protocol-enabled service or Voice over Internet

Protocol service; exceptions.

BROADCAST TELEVISION SERVICE

NRS 704.687           Limitations

on exclusion of televised broadcasts of sporting or other special events.

TELECOMMUNICATION SERVICE

Standards and Practices

NRS 704.6873         Adoption

of regulations regarding telecommunication service furnished to certain public

facilities, providers of health care, low-income persons and rural, insular and

high-cost areas.

NRS 704.6875         Customer

entitled to written notice of duration of certain calls.

NRS 704.6877         Adoption

of regulations regarding notice provided by incumbent local exchange carriers

of certain interconnection agreements.

NRS 704.6878         Adoption

of regulations regarding incumbent local exchange carriers and the obligations

of providers of last resort.

 

Competition Among Providers; Complaints

NRS 704.6881         Establishment

of standards and penalties to encourage competition and discourage

discrimination in provision of local telecommunication services.

NRS 704.6882         Establishment

of expedited procedures for certain complaints filed by provider against

another provider.

NRS 704.6883         Judicial

review of certain decisions of Commission.

NRS 704.6884         Providers

required to comply with state and federal consumer and antitrust protections;

providers subject to laws governing unfair trade practices for violations of

standards established by Commission.

 

Competitive Suppliers

NRS 704.68861       Applicability.

NRS 704.68863       Powers

and duties under certain federal and state laws preserved.

NRS 704.68865       Adoption

of regulations.

NRS 704.68867       Filing

of reports.

NRS 704.68869       Regulation

of small-scale providers of last resort.

NRS 704.68871       Exemption

from review and monitoring of certain financial data; limited financial and

accounting requirements.

NRS 704.68873       Exemption

from regulation of telecommunication service; exceptions.

NRS 704.68875       Exemption

from filing schedules or tariffs; requirements regarding publication of certain

rate and service information.

NRS 704.68877       Requirements

and exemptions regarding basic network service.

NRS 704.68879       Requirements

regarding access to emergency 911 service; requirements and procedure regarding

deregulation of intrastate switched or special access service.

NRS 704.68881       Authority

of provider of last resort to satisfy obligations through alternative voice

service; conditions and limitations.

NRS 704.68883       Permitted

billing practices for certain service.

NRS 704.68885       Requirements

regarding discontinuation of service.

NRS 704.68886       Relief

from obligations and status as provider of last resort; requirements; filing

application; power of Commission to declare emergency in area where alternative

voice service is unavailable.

NRS 704.68887       Anticompetitive

acts and unlawful discrimination prohibited.

ELECTRIC SERVICE

Conversion of Certain Generation Facilities

NRS 704.701           Definitions.

NRS 704.706           Conversion

of facility to allow firing by coal: Application for adjustment of rates;

public hearing.

NRS 704.711           Decision

on application for adjustment; conditions; requirements for approval; federal

or state grants.

NRS 704.716           Calculation

of amount of adjustment; effect on rates, prices and charges.

NRS 704.721           Filing

of tariff on date of conversion.

NRS 704.726           Annual

accounting of cost of conversion and revenues from adjustment in rates;

termination of adjustment upon recovery of cost of conversion.

NRS 704.731           Faith

of State pledged.

 

Reduction of Emissions From Coal-Fired Electric Generating

Plants

NRS 704.7311         Definitions.

NRS 704.7312         “Coal-fired

electric generating plant” defined.

NRS 704.7313         “Electric

utility” defined.

NRS 704.7314         “Emissions

reduction and capacity replacement plan” defined.

NRS 704.7315         “Renewable

energy facility” defined.

NRS 704.7316         Comprehensive

plan for reduction of emissions from coal-fired electric generating plants and

increased capacity from renewable energy facilities and other electric

generating plants; contents and requirements.

NRS 704.7317         Electric

utility required to record certain amounts in regulatory asset.

NRS 704.7318         Sites

used for production of electricity from coal-fired electric generating plant:

Remediation or reuse; regulation of emissions from electric generating plants

constructed on sites.

NRS 704.7319         General

rate proceedings filed before June 1, 2018, which include request to recover

certain costs.

NRS 704.732           Amendment

to utility’s emissions reduction and capacity replacement plan required when

utility requests approval and acceptance by Commission of contract with new

renewable energy facility.

NRS 704.7321         Commission

may recommend to electric utility modification of or amendment to emissions

reduction and capacity replacement plan.

NRS 704.7322         Regulations.

 

Optional Pricing and Resource Planning

NRS 704.736           Applicability.

NRS 704.738           Program

of optional pricing for electricity generated from renewable energy:

Authorization of Commission required; Commission may authorize higher rates.

NRS 704.741           Plan

to increase supply or decrease demands: Triennial submission required; contents

prescribed by regulation; requirements.

NRS 704.746           Public

hearing on adequacy of plan; determination by Commission.

NRS 704.751           Order

accepting plan or amendment to plan or specifying inadequacies; recovery of

costs from customers; criteria for accepting transmission plan.

NRS 704.754           Reports

regarding transmission plan.

 

Disposal of Generation Assets

NRS 704.7561         Definitions.

NRS 704.7565         “Affiliate”

defined.

NRS 704.7568         “Dispose

of a generation asset” defined.

NRS 704.7571         “Electric

utility” defined.

NRS 704.7575         “Generation

asset” defined.

NRS 704.7578         “Interest

in a generation asset” defined.

NRS 704.7581         “Person”

defined.

NRS 704.7585         Provisions

do not prohibit certain transactions involving generation assets or other

property.

NRS 704.7588         Conditions

and limitations on disposal of generation assets; approval of Commission

required; application; parties; effect of certain orders.

NRS 704.7591         Conditions

and limitations on disposal of generation assets pursuant to certain mergers,

acquisitions, transactions and transfers.

NRS 704.7595         Effect

of violation.

 

Disclosures to Customers

NRS 704.763           Electric

utility required to disclose certain information concerning electric services;

format, contents and methods of disclosure; regulations; exceptions.

NRS 704.764           Electric

utility required to disclose certain information concerning recycling of

electronic and other waste; format, contents and methods of disclosure;

regulations.

 

Net Metering Systems

NRS 704.766           Legislative

declaration.

NRS 704.767           Definitions.

NRS 704.7675         “Contiguous”

defined.

NRS 704.768           “Customer-generator”

defined.

NRS 704.769           “Net

metering” defined.

NRS 704.771           “Net

metering system” defined.

NRS 704.7715         “Renewable

energy” defined.

NRS 704.772           “Utility”

defined.

NRS 704.773           Utility

required to offer net metering; limitations; rights and duties regarding energy

meters and imposition of certain fees and charges; regulations.

NRS 704.774           Standards;

utility prohibited from requiring certain customer-generators to meet

additional requirements.

NRS 704.775           Billing;

calculation of net energy measurement; treatment of excess electricity; status

of net metering system under portfolio standard.

 

Portfolio Standard

NRS 704.7801         Definitions.

NRS 704.7802         “Energy

efficiency measure” defined.

NRS 704.7803         “Portfolio

energy credit” defined.

NRS 704.7804         “Portfolio

energy system or efficiency measure” defined.

NRS 704.7805         “Portfolio

standard” defined.

NRS 704.7808         “Provider

of electric service” and “provider” defined.

NRS 704.7809         “Qualified

energy recovery process” defined.

NRS 704.7811         “Renewable

energy” defined.

NRS 704.7815         “Renewable

energy system” defined.

NRS 704.7818         “Retail

customer” defined.

NRS 704.7819         “Utility

provider” defined.

NRS 704.7821         Establishment

of portfolio standard; requirements; treatment of certain solar energy systems;

portfolio energy credits; renewable energy contracts and energy efficiency

contracts; exemptions; regulations.

NRS 704.78213       Establishment

of portfolio standard for providers of new electric resources; requirements;

treatment of certain solar energy systems.

NRS 704.78215       Calculation

of portfolio energy credits.

NRS 704.7822         Calculation

of electricity generated or acquired from certain solar photovoltaic systems.

NRS 704.7823         System

that draws or creates electricity from tires deemed not to be renewable energy

system; exception; calculation of electricity generated or acquired from

certain systems that utilize reverse polymerization process.

NRS 704.7825         Reports.

NRS 704.7827         Temporary

renewable energy development program.

NRS 704.7828         Regulations;

authority to carry forward or sell excess electricity; enforcement; administrative

fines.

 

Energy Efficiency and Conservation Programs

NRS 704.785           Adoption

of regulations authorizing electric utility to recover amount based on effects

of implementing energy efficiency and conservation programs; limitations.

NRS 704.786           Lower

Income Solar Energy Pilot Program: Creation required by each electric utility

in State. [Effective through December 31, 2025.]

 

Colorado River Commission of Nevada

NRS 704.787           Authority

to sell electricity and provide transmission service and distribution service

to certain customers without being subject to jurisdiction of Public Utilities

Commission of Nevada; tariff for distribution service; duties of certain

electric utility; regulations by Colorado River Commission of Nevada.

 

Capacity Allocation for New Commercial and Industrial

Businesses

NRS 704.7871         Definitions.

[Effective through the date on which the last contract entered into pursuant to

the Program terminates, whether termination is by expiration of the terms or

otherwise.]

NRS 704.7872         “Electric

utility” defined. [Effective through the date on which the last contract

entered into pursuant to the Program terminates, whether termination is by

expiration of the terms or otherwise.]

NRS 704.7873         “Participant”

defined. [Effective through the date on which the last contract entered into

pursuant to the Program terminates, whether termination is by expiration of the

terms or otherwise.]

NRS 704.7874         “Program”

defined. [Effective through the date on which the last contract entered into

pursuant to the Program terminates, whether termination is by expiration of the

terms or otherwise.]

NRS 704.7875         Economic

Development Electric Rate Rider Program: Establishment; administration by

Commission. [Effective through the date on which the last contract entered into

pursuant to the Program terminates, whether termination is by expiration of the

terms or otherwise.]

NRS 704.7876         Participation

in Program: Application; eligibility requirements; determination and initial

approval. [Effective through the date on which the last contract entered into

pursuant to the Program terminates, whether termination is by expiration of the

terms or otherwise.]

NRS 704.7877         Participation

in Program: Additional requirements; contract terms and content. [Effective

through the date on which the last contract entered into pursuant to the

Program terminates, whether termination is by expiration of the terms or

otherwise.]

NRS 704.7878         Electric

utility required to recover certain amounts through deferred energy accounting

adjustment application. [Effective through the date on which the last contract

entered into pursuant to the Program terminates, whether termination is by expiration

of the terms or otherwise.]

NRS 704.7879         Failure

by participant to comply with contract or Program. [Effective through the date

on which the last contract entered into pursuant to the Program terminates,

whether termination is by expiration of the terms or otherwise.]

NRS 704.788           Limitations

on acceptance or approval of application for participation in Program. [Effective

through the date on which the last contract entered into pursuant to the

Program terminates, whether termination is by expiration of the terms or

otherwise.]

NRS 704.7881         Regulations.

[Effective through the date on which the last contract entered into pursuant to

the Program terminates, whether termination is by expiration of the terms or

otherwise.]

NRS 704.7882         Preparation

of written report by Commission; submission of report to Legislature.

[Effective through the date on which the last contract entered into pursuant to

the Program terminates, whether termination is by expiration of the terms or

otherwise.]

UNLAWFUL ACTS AGAINST PUBLIC UTILITIES

NRS 704.800           Unlawful

acts involving theft or damage to property: Criminal penalties.

NRS 704.805           Unlawful

acts involving theft or damage to property: Civil remedies.

CONSTRUCTION OF UTILITY FACILITIES: UTILITY ENVIRONMENTAL

PROTECTION ACT

NRS 704.820           Short

title.

NRS 704.825           Declaration

of legislative findings and purpose.

NRS 704.830           Definitions.

NRS 704.834           “Appropriate

federal agency” defined.

NRS 704.840           “Commence

to construct” defined.

NRS 704.842           “Environmental

review” defined.

NRS 704.845           “Local

government” defined.

NRS 704.848           “Other

permitting entity” defined.

NRS 704.850           “Person”

defined.

NRS 704.855           “Public

utility” and “utility” defined.

NRS 704.860           “Utility

facility” defined.

NRS 704.863           Applicability.

NRS 704.865           Permit

required to construct utility facility; transfer of permit; exemptions; waiver

of exemption.

NRS 704.870           Requirements

for filing application: Form and contents; procedure when federal agency is

required to conduct environmental analysis; time for filing application;

service; public notice.

NRS 704.871           Approval

of application for utility facility not intended to serve customers in State.

NRS 704.873           Commission

has exclusive jurisdiction to determine need for utility facilities of certain

public utilities; other permitting entities precluded from considering need.

NRS 704.875           Review

of application by Division of Environmental Protection of State Department of

Conservation and Natural Resources.

NRS 704.877           Duty

to accept and incorporate findings and conclusions of environmental review that

already has been conducted; duplicative review prohibited; exception; duty to

cooperate and coordinate to avoid duplication of activities.

NRS 704.880           Power

of Commission to dispense with hearing for certain applications; practice and

procedure at hearings.

NRS 704.885           Parties

to proceeding for permit; limited appearance; intervention.

NRS 704.890           Grant

or denial of application: Required findings; conditions and modifications.

NRS 704.8905         Grant

or denial of application: Time within which Commission and other permitting

entities must act; determination upon record; terms, conditions and

modifications; service of Commission order.

NRS 704.891           Reports

to be filed with Commission by person holding permit who is not public utility.

NRS 704.893           Limitations

on purchase of capacity of utility facility by certain public utilities.

NRS 704.895           Rehearing;

judicial review.

NRS 704.897           Effect

of provisions on jurisdiction of Commission over public utilities serving

retail customers in State.

NRS 704.900           Cooperation

with other states and Federal Government.

UTILITY SERVICE PROVIDED TO MOBILE HOME PARKS AND COMPANY

TOWNS

NRS 704.905           Definitions.

NRS 704.910           Applicability

of provisions to mobile home parks; utility or alternative seller prohibited

from selling to landlord at higher rate.

NRS 704.920           Applicability

of provisions to company towns; examination of lines and equipment; costs;

consequences of refusal to allow examination; repair of unsafe lines or

equipment.

NRS 704.930           Manner

of provision and interruption of service by landlord of mobile home park or

owner of company town; notice of proposed increase in rates.

NRS 704.940           Rates;

service charges; proration and limitations on certain charges for water;

itemization of charges; retention of copy of billings; transfer of balance by

landlord upon termination of interest in mobile home park.

NRS 704.950           Complaints:

Investigation by Division of Consumer Complaint Resolution; action by

Commission; enforcement of order.

NRS 704.960           Annual

report to be filed by landlord of mobile home park or owner of company town.

LIQUEFIED PETROLEUM GAS SERVICE

NRS 704.964           Lease

of tank for storage of liquefied petroleum gas: Removal of tank upon request;

requirements for refund; penalty.

NATURAL GAS SERVICE

Discretionary Service

NRS 704.9901         Collection

of taxes, fees and assessments from customers: Duties of providers; billing

requirements; disciplinary action for failure to comply.

 

Resource Planning and Energy Conservation

NRS 704.991           Informational

report to Commission required regarding anticipated demand, estimated cost,

sources of gas and significant operational or capital requirements.

NRS 704.992           Establishment

of methods and programs to encourage natural gas utilities to support energy

conservation.

 

Competitive Service

NRS 704.993           Definitions.

NRS 704.994           “Alternative

seller” defined.

NRS 704.995           “Person”

defined.

NRS 704.996           “Potentially

competitive service” defined.

NRS 704.997           Alternative

plan of regulation for utility that supplies natural gas: Requirements;

regulations; applicability of statutory provisions; use of name or logo by

affiliate; sale of service relating to supply of natural gas by unlicensed

alternative seller unlawful.

NRS 704.998           Licensing

of alternative sellers: Requirements; regulations; denial, limitation,

suspension or revocation.

NRS 704.9985         Collection

of taxes, fees and assessments from customers: Duties of public utilities and

alternative sellers; billing requirements; disciplinary action for failure to

comply.

NRS 704.999           Restoration

of service: Conditions; tariffs.

_________

 

GENERAL PROVISIONS

      NRS 704.001  Purpose and policy of Legislature in enacting chapter.  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;

      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; and

      5.  With regard to telecommunication

service:

      (a) To regulate competitive suppliers in a manner

that allows customers to benefit from full competition regarding rates and

services;

      (b) To provide for basic

network service to economically disadvantaged persons who are eligible for a

reduction in rates for telephone service pursuant to NRS 707.400 to 707.500, inclusive; and

      (c) To maintain the availability of telephone

service to rural, insular and high-cost areas through:

             (1) The levy and collection of a uniform

and equitable assessment from all persons furnishing intrastate

telecommunication service or the functional equivalent of such service through

any form of telephony technology; and

             (2) Payments to telecommunication

providers from the fund to maintain the availability of telephone service.

      (Added to NRS by 1993, 836; A 1997, 1904; 2007, 692)

      NRS 704.005  Definitions.  As

used in this chapter, unless the context otherwise requires, the words and

terms defined in NRS 704.006 to 704.028, inclusive, have the meanings ascribed to them

in those sections.

      (Added to NRS by 1985, 1016; A 2001, 3244; 2007, 693)

      NRS 704.006  “Basic network service” defined.  “Basic

network service” means the provision of stand-alone telephone service furnished

to a residential customer that:

      1.  Is not:

      (a) Part of a package of services;

      (b) Sold in a promotion;

      (c) Purchased pursuant to a contract; or

      (d) Otherwise offered at a discounted price; and

      2.  Provides to the customer:

      (a) Voice-grade access to the public switched

telephone network;

      (b) Access to:

             (1) Telephone relay services;

             (2) Interexchange service; and

             (3) Emergency 911 service;

      (c) The first single-line directory listing; and

      (d) Universal lifeline

service for those eligible for such service.

      (Added to NRS by 2007, 685; A 2013, 1947)

      NRS 704.007  “Biomass” defined.  “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)

      NRS 704.008  “Business line service” defined.  “Business

line service” means flat or measured rate service for business lines or

business trunk lines.

      (Added to NRS by 2007, 685)

      NRS 704.010  “Commission” defined.  “Commission”

means the Public Utilities Commission of Nevada.

      (Supplied in revision; A 1985, 1016; 1997, 1904)

      NRS 704.011  “Competitive supplier” defined.

      1.  “Competitive supplier” means a

telecommunication provider that is subject to the provisions of NRS 704.68861 to 704.68887,

inclusive.

      2.  The term does not include a small-scale

provider of last resort unless the provider is authorized by the Commission

pursuant to NRS 704.68869 to be regulated as a

competitive supplier.

      (Added to NRS by 2007, 685; A 2013, 1947)

      NRS 704.012  “Consumer’s Advocate” defined.  “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)

      NRS 704.013  “Fund to maintain the availability of telephone service”

defined.  “Fund to maintain the

availability of telephone service” means the fund established by the Commission

pursuant to NRS 704.040 to maintain the

availability of telephone service.

      (Added to NRS by 2007, 685)

      NRS 704.0135  “Incumbent local exchange carrier” defined.  “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 2007, 685)

      NRS 704.0137  “Interexchange carrier” defined.  “Interexchange

carrier” means any person providing either or both intrastate

and interstate telecommunication service for a fee

between two or more exchanges.

      (Added to NRS by 2007, 685)

      NRS 704.014  “Local exchange carrier” defined.  “Local

exchange carrier” has the meaning ascribed to it in 47 U.S.C. § 153(26), as that section existed on December 1, 2006.

      (Added to NRS by 2007, 685)

      NRS 704.015  “Person” defined.  “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)

      NRS 704.018  “Provider of last resort” defined.  “Provider

of last resort” means the telecommunication provider designated by the

regulations of the Commission to provide basic network service and business

line service to any person requesting and eligible to receive telephone service

in a particular service territory.

      (Added to NRS by 2007, 685)

      NRS 704.020  “Public utility” or “utility” defined.

      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 person, other than a provider of

commercial mobile radio service, that provides a telecommunication service to

the public, but only with regard to those operations which consist of providing

a telecommunication service to the public.

      (c) Any provider of commercial mobile radio

service, but such providers:

             (1) Must be regulated in a manner

consistent with federal law; and

             (2) Must not be regulated as

telecommunication providers for the purposes of this chapter.

      2.  “Public utility” or “utility” also

includes:

      (a) 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.

      (b) 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; 2007, 693, 1771)

      NRS 704.021  “Public utility” or “utility” further defined.  “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 $25,000 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.

      8.  Persons who are video service

providers, as defined in NRS 711.151,

except for those operations of the video service provider which consist of

providing a telecommunication service to the public, in which case the video

service provider is a public utility only with regard to those operations of

the video service provider which consist of providing a telecommunication

service to the public.

      9.  Persons who own or operate a net

metering system described in paragraph (c) of subsection 1 of NRS 704.771.

      10.  Persons who for compensation own or

operate individual systems which use renewable energy to generate electricity

and sell the electricity generated from those systems to not more than one

customer of the public utility per individual system if each individual system

is:

      (a) Located on the premises of another person;

      (b) Used to produce not more than 150 percent of

that other person’s requirements for electricity on an annual basis for the

premises on which the individual system is located; and

      (c) Not part of a larger system that aggregates

electricity generated from renewable energy for resale or use on premises other

than the premises on which the individual system is located.

Ê As used in

this subsection, “renewable energy” has the meaning ascribed to it in NRS 704.7811.

      [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; 2007, 489, 1351; 2009, 1201,

1392; 2011, 1940)—(Substituted

in revision for NRS 704.030)

      NRS 704.023  “Small-scale provider of last resort” defined.  “Small-scale provider of last resort” means an

incumbent local exchange carrier that is a provider of last resort of basic

network service and business line service to customers through less than 60,000

access lines.

      (Added to NRS by 2007, 686)

      NRS 704.025  “Telecommunication” defined.  “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, equipment or

technology used.

      (Added to NRS by 2007, 686)

      NRS 704.027  “Telecommunication provider” or “telephone company” defined.  “Telecommunication provider” or “telephone

company” means any person required to obtain from the Commission a certificate

of public convenience and necessity pursuant to NRS

704.330 to provide telecommunication service.

      (Added to NRS by 2007, 686)

      NRS 704.028  “Telecommunication service” or “telephone service” defined.  “Telecommunication service” or

“telephone 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 equipment, facilities or technology

used.

      (Added to NRS by 2007, 686)

      NRS 704.031  Power to subpoena person claiming exemption.  The Commission may by subpoena require any

person claiming to be exempt from regulation by reason of NRS 704.021 to appear before it with all of the

person’s relevant books, papers and records, and to testify concerning the

scope, nature and conduct of the person’s business.

      (Added to NRS by 1983, 234)

      NRS 704.032  Participation of Office of Economic Development in proceedings

before Commission.  The Office of

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

Economic Development developed by the Executive Director of the Office pursuant

to subsection 2 of NRS 231.053. The

Office of Economic Development may intervene as a matter of right in a

proceeding pursuant to NRS 704.736 to 704.754, inclusive, or 704.991.

      (Added to NRS by 1993, 818; A 1997, 1906; 2011, 3483)

ANNUAL ASSESSMENTS

      NRS 704.033  Levy and collection; limitations.

      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) Telecommunication providers, 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; 2007, 694; 2009, 1393,

2017)

      NRS 704.035  Report on revenue; computation, payment and adjustment of

assessment; fee for delinquent assessment; action for collection; transfer to

Consumer’s Advocate.

      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 fee 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 fee 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 fee 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 fee 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; 2007, 36)

GENERAL RIGHTS AND OBLIGATIONS

      NRS 704.040  Charges for services must be just and reasonable; applicability;

fair and impartial regulation of telecommunication providers; fund to maintain

availability of telephone service; regulations concerning independent

administrator to certify or recertify eligibility of customers for lifeline

service.

      1.  Every public utility shall furnish

reasonably adequate service and facilities. Subject to the provisions of

subsection 3, 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.  Except as otherwise provided in NRS 704.68861 to 704.68887,

inclusive:

      (a) A competitive supplier is exempt from any

provision of this chapter governing the rates, prices, terms and conditions of

any telecommunication service.

      (b) A small-scale provider of last resort is

subject to the provisions of this chapter, NRS

427A.797 and chapter 707 of NRS.

      4.  All telecommunication providers which

offer the same or similar service must be subject to fair and impartial

regulation, to promote adequate, economical and efficient service.

      5.  To maintain the availability of

telephone service in accordance with the regulations adopted pursuant to NRS 704.6873, the Commission shall provide for the

levy and collection of a uniform and equitable assessment, in an amount

determined by the Commission, from all persons furnishing intrastate

telecommunication service or the functional equivalent of

such service through any form of telephony technology,

unless the levy and collection of the assessment with regard to a particular

form of technology is prohibited by federal law. Assessments levied and

collected 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.

      6.  The Commission shall by regulation

establish:

      (a) The procedure for contracting with an

independent administrator who will certify or recertify the eligibility of

customers for lifeline service as defined in NRS

707.450, including:

             (1) The selection of the independent

administrator pursuant to open competitive bidding procedures established by

the Commission; and

             (2) The duties of the independent

administrator which must be promulgated in advance of conducting the initial

request for proposal for the independent administrator.

      (b) The duties of the independent administrator

which must:

             (1) Be determined by criteria adopted by

the Commission or the Federal Communications Commission;

            (2) Provide for the independent

administrator to be able to accomplish all functions necessary for interfacing

with the National Lifeline Accountability Database when it is established and

operational pursuant to 47 C.F.R. § 54.404 and any other national eligibility

database for eligible telecommunication providers; and

             (3) Require the independent administrator

to be responsible for informing eligible telecommunication providers of the

status of their customers’ eligibility to receive lifeline service as defined

in NRS 707.450.

      7.  To implement the requirements of

subsections 5 and 6, the Commission:

      (a) May select a single entity to perform the

duties of subsections 5 and 6; and

      (b) Is authorized to use the fund set forth in

subsection 5 for the sole purpose of maintaining the availability of telephone

service as set forth in subsections 5 and 6.

      [9:109:1919; 1919 RL p. 3157; NCL § 6108]—(NRS A 1985, 1018; 1989, 579; 1993, 2017; 1995, 402; 2003, 2638, 3037; 2007, 694; 2009, 2406;

2013, 1808)

      NRS 704.050  Special contract rates.

      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]

      NRS 704.060  Charge for shorter haul included within longer haul.  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

      NRS 704.061  Definitions.  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; A 2013, 740)

      NRS 704.062  “Application to make changes in any schedule” and “application”

defined.  “Application to make

changes in any schedule” and “application” include, without limitation:

      1.  A general rate application;

      2.  An application to recover the cost of

purchased fuel, purchased power, or natural gas purchased for resale;

      3.  An annual deferred energy accounting

adjustment application; and

      4.  An annual rate adjustment application.

      (Added to NRS by 2001, 3243; A 2007, 2978; 2011, 384)

      NRS 704.065  “Rate” defined.  “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)

      NRS 704.066  “Schedule” defined.  “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)

      NRS 704.068  Acts deemed to be change in schedule.  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; A 2013, 740)

      NRS 704.069  Commission required to conduct consumer session for certain rate

cases; Commission required to conduct general consumer session annually in

certain counties.

      1.  Except as otherwise provided in

subsections 9 and 11 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, an annual deferred energy

accounting adjustment application pursuant to NRS

704.187 or an annual rate adjustment application; 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; 2007, 2978; 2011, 384; 2013, 740)

      NRS 704.070  Public utility required to file current schedules with

Commission and to post current schedules at certain offices; public inspection

of current schedules.  Except as

otherwise provided in NRS 704.075, 704.095, 704.097 and 704.68861 to 704.68887,

inclusive:

      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;

2007, 696)

      NRS 704.075  Separate standards for rates for natural gas supplied to

commercial and industrial customers; exemption from certain provisions

concerning rates.

      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)

      NRS 704.085  Electric utility prohibited from making change in schedule or

rate which requires residential customer to purchase electric service based on

time of usage; exception.

      1.  An electric utility shall not make

changes in any schedule or impose any rate, and the Commission shall not

approve any changes in any schedule or authorize the imposition of any rate by

an electric utility, which requires a residential customer to purchase electric

service at a rate which is based on the time of day, day of the week or time of

year during which the electricity is used or which otherwise varies based upon

the time during which the electricity is used, except that the Commission may

approve such a change in a schedule or authorize the imposition of such a rate

if the approval or authorization is conditioned upon an election by a

residential customer to purchase electric service at such a rate.

      2.  As used in this section, “electric

utility” has the meaning ascribed to it in NRS 704.187.

      (Added to NRS by 2013, 740)

      NRS 704.095  Simplified procedures or methodologies for changing rates for

certain public utilities furnishing water or services for sewage.

      1.  The Commission shall adopt regulations

which provide simplified procedures or methodologies 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:

      (a) Serve 3,000 or fewer persons; and

      (b) Had during the immediately preceding 12-month

period gross sales for water or services for the disposal of sewage amounting

to $2,000,000 or less. If a public utility furnishes both water and services

for the disposal of sewage, its gross sales for each service must be considered

separately for determining whether the public utility qualifies under this paragraph

for either service.

      2.  The regulations adopted by the

Commission pursuant to subsection 1 must provide, without limitation, for the

filing of letters of advice to change rates based on a nationally recognized

inflation index approved by the Commission.

      (Added to NRS by 1979, 1717; A 1987, 477; 1991, 144; 2001, 1764; 2009, 2470)

      NRS 704.097  Simplified procedure for obtaining certificate of public

convenience and necessity and for changing rates for certain public utilities

furnishing liquefied petroleum gas.  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)

      NRS 704.100  Procedure for changing schedule: Approval of Commission

required; filing application or letter of advice; quarterly rate adjustments

for certain utilities; posting proposed, new and amended schedules; limitation

on use of certain information to justify rate increase; power of Commission to

dispense with hearing in certain matters; request for waiver.

      1.  Except as otherwise provided in NRS 704.075 and 704.68861

to 704.68887, inclusive, or as may otherwise be

provided by the Commission pursuant to NRS 704.095

or 704.097:

      (a) A public utility shall not make changes in

any schedule, unless the public utility:

             (1) Files with the Commission an

application to make the proposed changes and the Commission approves the

proposed changes pursuant to NRS 704.110; or

             (2) Files the proposed changes with the

Commission using a letter of advice in accordance with the provisions of

paragraph (f) or (g).

      (b) 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.

      (c) An electric utility shall, between annual

deferred energy accounting adjustment applications filed pursuant to NRS 704.187, adjust its rates on a quarterly basis

pursuant to subsection 10 of NRS 704.110.

      (d) 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.

      (e) 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.

      (f) Except as otherwise provided in paragraph

(g), 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:

             (1) The public utility may file the proposed

change with the Commission using a letter of advice in lieu of filing an

application; and

             (2) The Commission shall determine whether

it should dispense with a hearing regarding the proposed change.

      (g) If the applicant is a small-scale provider of

last resort 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:

             (1) The applicant may file the proposed

change with the Commission using a letter of advice in lieu of filing an

application if the applicant:

                   (I) Demonstrates that the proposed

change in schedule is required by or directly related to a regulation or order

of the Federal Communications Commission; and

                   (II) Except as otherwise provided in

subsection 2, files the letter of advice not later than 5 years after the

Commission has issued a final order on a general rate application filed by the

applicant in accordance with subsection 3 of NRS

704.110; and

             (2) The Commission shall determine whether

it should dispense with a hearing regarding the proposed change.

Ê Not later

than 10 business days after the filing of a letter of advice pursuant to

subparagraph (1), the Regulatory Operations Staff of the Commission or any

other interested party may file with the Commission a request that the

Commission order an applicant to file a general rate application in accordance

with subsection 3 of NRS 704.110. The Commission

may hold a hearing to consider such a request.

      (h) In making the determination pursuant to

paragraph (f) or (g), 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.

      2.  An applicant that is a small-scale

provider of last resort may submit to the Commission a written request for a

waiver of the 5-year period specified in sub-subparagraph (II) of subparagraph

(1) of paragraph (g) of subsection 1. The Commission shall, not later than 90

days after receipt of such a request, issue an order approving or denying the

request. The Commission may approve the request if the applicant provides proof

satisfactory to the Commission that the applicant is not earning more than the

rate of return authorized by the Commission and that it is in the public

interest for the Commission to grant the request for a waiver. The Commission

shall not approve a request for a waiver if the request is submitted later than

7 years after the issuance by the Commission of a final order on a general rate

application filed by the applicant in accordance with subsection 3 of NRS 704.110. If the Commission approves a request for

a waiver submitted pursuant to this subsection, the applicant shall file the

letter of advice pursuant to subparagraph (1) of paragraph (g) of subsection 1

not earlier than 120 days after the date on which the applicant submitted the

request for a waiver pursuant to this subsection, unless the order issued by

the Commission approving the request for a waiver specifies a different period

for the filing of the letter of advice.

      3.  As used in this section, “electric

utility” has the meaning ascribed to it in NRS 704.187.

      [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; 2007, 696, 2978; 2011, 385; 2013, 197)

      NRS 704.110  Procedure for changing schedule: Investigation by Commission;

parties; time within which Commission must act; general rate application; other

applications and rate adjustments; deferred energy accounting adjustments;

recovery of costs to plan, construct, retire or eliminate certain facilities.  Except as otherwise provided in NRS 704.075 and 704.68861

to 704.68887, inclusive, or as may otherwise be

provided by the Commission pursuant to NRS 704.095

or 704.097:

      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 annual deferred energy accounting

adjustment application, the Consumer’s Advocate shall be deemed a party of

record.

      2.  Except as otherwise provided in

subsection 3, if a public utility files with the Commission an application to

make changes in any schedule, the Commission shall, not later than 210 days

after the date on which the application is filed, issue a written order

approving or disapproving, in whole or in part, the proposed changes.

      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. The

following public utilities shall each file a general rate application pursuant

to this subsection based on the following schedule:

      (a) An electric utility that primarily serves

less densely populated counties shall file a general rate application not later

than 5 p.m. on or before the first Monday in June 2010, and at least once every

36 months thereafter.

      (b) An electric utility that primarily serves

densely populated counties shall file a general rate application not later than

5 p.m. on or before the first Monday in June 2011, and at least once every 36

months thereafter.

      (c) A public utility that furnishes water for

municipal, industrial or domestic purposes or services for the disposal of

sewage, or both, which had an annual gross operating revenue of $2,000,000 or

more for at least 1 year during the immediately preceding 3 years and which had

not filed a general rate application with the Commission on or after July 1,

2005, shall file a general rate application on or before June 30, 2008, and at

least once every 36 months thereafter unless waived by the Commission pursuant

to standards adopted by regulation of the Commission. If a public utility

furnishes both water and services for the disposal of sewage, its annual gross

operating revenue for each service must be considered separately for

determining whether the public utility meets the requirements of this paragraph

for either service.

      (d) A public utility that furnishes water for

municipal, industrial or domestic purposes or services for the disposal of

sewage, or both, which had an annual gross operating revenue of $2,000,000 or

more for at least 1 year during the immediately preceding 3 years and which had

filed a general rate application with the Commission on or after July 1, 2005,

shall file a general rate application on or before June 30, 2009, and at least

once every 36 months thereafter unless waived by the Commission pursuant to standards

adopted by regulation of the Commission. If a public utility furnishes both

water and services for the disposal of sewage, its annual gross operating

revenue for each service must be considered separately for determining whether

the public utility meets the requirements of this paragraph for either service.

Ê The

Commission shall adopt regulations setting forth standards for waivers pursuant

to paragraphs (c) and (d) and for including the costs incurred by the public

utility in preparing and presenting the general rate application before the

effective date of any change in rates.

      4.  In addition to submitting the statement

required pursuant to subsection 3, a public utility 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. The Commission shall

consider expected changes in circumstances to be reasonably known and

measurable with reasonable accuracy if the expected changes in circumstances

consist of specific and identifiable events or programs rather than general

trends, patterns or developments, have an objectively high probability of

occurring to the degree, in the amount and at the time expected, are primarily

measurable by recorded or verifiable revenues and expenses and are easily and

objectively calculated, with the calculation of the expected changes relying

only secondarily on estimates, forecasts, projections or budgets. 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,

including all reasonable projected or forecasted offsets in revenue and

expenses that are directly attributable to or associated with the expected

changes in circumstances under consideration, 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, a quarterly rate adjustment

pursuant to subsection 8 or 10, any information relating to deferred accounting

requirements pursuant to NRS 704.185 or an annual

deferred energy accounting adjustment application pursuant to NRS 704.187, if the public utility is otherwise

authorized to so file by those provisions.

      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 which is required to

adjust its rates on a quarterly basis pursuant to subsection 10; or

      (b) A public utility which purchases natural gas

for resale and which adjusts its rates on a quarterly basis 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. A public utility which purchases natural gas for resale and which

adjusts its rates on a quarterly basis may request approval from the Commission

to make quarterly adjustments to its deferred energy accounting adjustment. The

Commission shall approve or deny such a request not later than 120 days after

the application is filed with the Commission. The Commission may approve the

request if the Commission finds that approval of the request is in the public

interest. If the Commission approves a request to make quarterly adjustments to

the deferred energy accounting adjustment of a public utility pursuant to this

subsection, any quarterly adjustment to the deferred energy accounting

adjustment must not exceed 2.5 cents per therm of natural gas. If the balance

of the public utility’s deferred account varies by less than 5 percent from the

public utility’s annual recorded costs of natural gas which are used to calculate

quarterly rate adjustments, the deferred energy accounting adjustment must be

set to zero cents per therm of natural gas.

      9.  If the Commission approves a request to

make any rate adjustments on a quarterly basis pursuant to subsection 8:

      (a) The public utility shall file written notice

with the Commission before the public utility makes a quarterly rate

adjustment. 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;

                   (IV) A statement that the

transactions and recorded costs of natural gas which are the basis for any

quarterly rate adjustment will be reviewed for reasonableness and prudence in

the next proceeding held by the Commission to review the annual rate adjustment

application pursuant to paragraph (d); and

                   (V) 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 the transactions and recorded costs of natural gas included in each

quarterly filing 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.

      10.  An electric utility shall adjust its

rates on a quarterly basis based on changes in the electric utility’s recorded

costs of purchased fuel or purchased power. In addition to adjusting its rates

on a quarterly basis, an electric utility may request approval from the

Commission to make quarterly adjustments to its deferred energy accounting

adjustment. The Commission shall approve or deny such a request not later than

120 days after the application is filed with the Commission. The Commission may

approve the request if the Commission finds that approval of the request is in

the public interest. If the Commission approves a request to make quarterly

adjustments to the deferred energy accounting adjustment of an electric utility

pursuant to this subsection, any quarterly adjustment to the deferred energy

accounting adjustment must not exceed 0.25 cents per kilowatt-hour of

electricity. If the balance of the electric utility’s deferred account varies

by less than 5 percent from the electric utility’s annual recorded costs for

purchased fuel or purchased power which are used to calculate quarterly rate

adjustments, the deferred energy accounting adjustment must be set to zero

cents per kilowatt-hour of electricity.

      11.  A quarterly rate adjustment filed

pursuant to subsection 10 is subject to the following requirements:

      (a) The electric utility shall file written

notice with the Commission on or before August 15, 2007, and every quarter thereafter of the quarterly rate adjustment to be made by the electric utility for the

following quarter. The first quarterly rate adjustment by the electric utility

will take effect on October 1, 2007, and each subsequent quarterly rate

adjustment will take effect every quarter thereafter. The first quarterly

adjustment to a deferred energy accounting adjustment must be made pursuant to

an order issued by the Commission approving the application of an electric

utility to make quarterly adjustments to its deferred energy accounting

adjustment. 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 electric 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 electric utility

shall begin providing such written notice to its customers not later than 30

days after the date on which the electric utility files a 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 electric 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;

                   (IV) A statement that the

transactions and recorded costs of purchased fuel or purchased power which are

the basis for any quarterly rate adjustment will be reviewed for reasonableness

and prudence in the next proceeding held by the Commission to review the annual

deferred energy accounting adjustment application pursuant to paragraph (d);

and

                   (V) Any other information required

by the Commission.

      (c) The electric utility shall file an annual

deferred energy accounting adjustment application pursuant to NRS 704.187 with the Commission. The annual deferred

energy accounting 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 deferred

energy accounting adjustment application must include a review of each

quarterly rate adjustment and the transactions and recorded costs of purchased

fuel and purchased power included in each quarterly filing and the annual

deferred energy accounting adjustment application. There is no presumption of

reasonableness or prudence for any quarterly rate adjustment or for any

transactions or recorded costs of purchased fuel and purchased power included

in any quarterly rate adjustment or the annual deferred energy accounting

adjustment application, and the electric utility has the burden of proving

reasonableness and prudence in the proceeding.

      (e) The Commission shall not allow the electric

utility to recover any recorded costs of purchased fuel and purchased power

which were the result of any practice or transaction that was unreasonable or

was undertaken, managed or performed imprudently by the electric utility, and

the Commission shall order the electric utility to adjust its rates if the

Commission determines that any recorded costs of purchased fuel and purchased

power included in any quarterly rate adjustment or the annual deferred energy accounting

adjustment application were not reasonable or prudent.

      12.  If an electric utility files an annual

deferred energy accounting adjustment application pursuant to subsection 11 and

NRS 704.187 while a general rate application is

pending, the electric utility shall:

      (a) Submit with its annual deferred energy

accounting adjustment application 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.

      13.  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, or the retirement or elimination of a utility facility identified in

an emissions reduction and capacity replacement plan submitted pursuant to NRS 704.7316 and accepted by the Commission for

retirement or elimination 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, or retiring or eliminating, as applicable, such a facility.

      14.  In regard to any rate or schedule

approved or disapproved pursuant to this section, the Commission may, after a

hearing:

      (a) Upon the request of the utility, approve a

new rate but delay the implementation of that new rate:

             (1) Until a date determined by the Commission;

and

             (2) Under conditions as determined by the

Commission, including, without limitation, a requirement that interest charges

be included in the collection of the new rate; and

      (b) Authorize a utility to implement a reduced

rate for low-income residential customers.

      15.  The Commission may, upon request and

for good cause shown, permit a public utility which purchases natural gas for

resale or an electric utility to make a quarterly adjustment to its deferred

energy accounting adjustment in excess of the maximum allowable adjustment

pursuant to subsection 8 or 10.

      16.  A public utility which purchases

natural gas for resale or an electric utility that makes quarterly adjustments

to its deferred energy accounting adjustment pursuant to subsection 8 or 10 may

submit to the Commission for approval an application to discontinue making

quarterly adjustments to its deferred energy accounting adjustment and to

subsequently make annual adjustments to its deferred energy accounting

adjustment. The Commission may approve an application submitted pursuant to

this subsection if the Commission finds that approval of the application is in

the public interest.

      17.  As used in this section:

      (a) “Deferred energy accounting adjustment” means

the rate of a public utility which purchases natural gas for resale or an

electric utility that is calculated by dividing the balance of a deferred

account during a specified period by the total therms or kilowatt-hours which

have been sold in the geographical area to which the rate applies during the

specified period.

      (b) “Electric utility” has the meaning ascribed

to it in NRS 704.187.

      (c) “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

700,000 or more than it does from customers located in counties whose

population is less than 700,000.

      (d) “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 700,000 than it does from customers located in counties whose

population is 700,000 or more.

      [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; 2007, 490, 545, 552, 697, 2979; 2009, 610, 1394, 2471; 2011, 386, 1302; 2013, 3077)

      NRS 704.120  Commission may substitute just and reasonable rates,

regulations, practices or services after investigation and hearing; exceptions.

      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.

      6.  The provisions

of this section do not apply to a competitive supplier, except that a

competitive supplier that is an incumbent local exchange carrier is subject to

the provisions of this section with regard to:

      (a) The provision of basic network service until

January 1, 2012; and

      (b) Any general rate application filed by the

competitive supplier pursuant to paragraph (b) of subsection 2 of NRS 704.68877. If the competitive supplier files

such a general rate application, the general rate case proceeding must be

conducted by the Commission in accordance with this section and NRS 704.110.

      7.  Nothing in this chapter shall be

construed to prohibit the Commission from authorizing an electric utility to

provide reduced rates to low-income customers upon a hearing and after due

investigation.

      [27:109:1919; 1919 RL p. 3163; NCL § 6127]—(NRS A 2007, 701; 2009, 616)

      NRS 704.130  Rates effective and regulations enforceable until modified by

Commission or court.

      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)

      NRS 704.140  Free or reduced rates for transportation unlawful; exceptions;

penalty.

      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 ex-employees and ex-employees with disabilities, 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 with physical or mental disabilities

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

      NRS 704.143  Persons with physical or mental disabilities entitled to full

and equal enjoyment of facilities for public transportation; unlawful denial of

services and facilities.

      1.  All persons with physical or mental

disabilities 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 person

with a physical disability by the arbitrary, capricious or unreasonable

interference, direct or indirect, with the use of aids and appliances used by

such person with a physical disability for purposes of mobility.

      (Added to NRS by 1969, 587; A 1971, 1058; 1979, 204)

      NRS 704.145  Unlawful to refuse service of public transportation or charge

additional fee or deposit to certain persons accompanied by service animal or

service animal in training; remedies.

      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 the person is accompanied by a service animal;

      (b) Refuse service to a person who is training a

service animal because the person 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)

      NRS 704.150  Duty of connecting railroad to transfer car for just and

reasonable charge.  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]

      NRS 704.160  Duty of railroad to provide and maintain depots, stations and

other facilities.

      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]

      NRS 704.170  Duty of railroad to furnish freight cars to shippers;

regulations.

      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]

      NRS 704.175  Compliance with standards for electrical construction;

inspection; exemption.

      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 are owned, installed, operated and maintained by a

telecommunication provider under the jurisdiction of the Commission.

      (Added to NRS by 1977, 1493; A 2007, 701)

      NRS 704.183  Examination of certain public utilities.

      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)

      NRS 704.1835  Commission required to adopt or amend regulations relating to

termination of utility service for gas, water or electricity.

      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

      NRS 704.185  Use of deferred accounting by certain natural gas utilities;

procedure; limitations.

      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.  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 subsection 1. 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.

      3.  When a public utility which purchases

natural gas for resale files an annual rate adjustment application or an annual

deferred energy accounting adjustment application, the proceeding regarding the

application must include a review of the transactions and recorded costs of

natural gas included in the application. There is no presumption of

reasonableness or prudence for any transactions or recorded costs of natural

gas included in the application, and the public utility has the burden of

proving reasonableness and prudence in the proceeding.

      4.  A public utility which purchases

natural gas for resale and which has received approval from the Commission to

make quarterly adjustments to a deferred energy accounting adjustment pursuant

to subsection 8 of NRS 704.110 is not eligible to

request an adjustment to its deferred energy accounting adjustment in its

annual rate adjustment application.

      (Added to NRS by 1975, 1560; A 1979, 1108; 1999, 3263; 2003, 1257; 2005, 1924; 2007, 556; 2011, 392)

      NRS 704.187  Use of deferred accounting by certain electric utilities;

procedure; limitations.

      1.  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.

      3.  Except as otherwise provided in this

section, an electric utility using deferred accounting shall file an annual

deferred energy accounting adjustment application on or before March 1, 2008, and on or before March 1 of each year thereafter.

      4.  An electric utility that purchases fuel

or power and has received approval from the Commission to make quarterly

adjustments to its deferred energy accounting adjustment pursuant to subsection

10 of NRS 704.110 is not eligible to request an

adjustment to its deferred energy accounting adjustment in its annual deferred

energy accounting adjustment application.

      5.  As used in this section:

      (a) “Annual deferred energy accounting adjustment

application” means an application filed by an electric utility pursuant to this

section and subsection 11 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 11 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.

      (Added to NRS by 2001, 345; A 2005, 1279, 1924; 2007, 2985; 2011, 393)

REPORTS AND RECORDS

      NRS 704.190  Report and investigation of accident; regulations; forms; public

inspection of report; inadmissibility of report in action for damages.

      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)

      NRS 704.195  Recording of telephone call concerning emergency or service

outage; disclosure.

      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)

      NRS 704.197  Public utility to provide name and address of person listed in

records of utility upon request of public administrator or deputy; immunity for

disclosure made in good faith.

      1.  A public administrator or deputy

designated by the public administrator 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 the public administrator’s 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 the public administrator.

      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)

      NRS 704.201  Investigation by law enforcement agency: Subpoena for name and

address of person listed in records of customers.

      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 the chief executive officer 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 designated by the chief

executive officer.

      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)

      NRS 704.202  Investigation by law enforcement agency: Disclosure of name and

address of person listed in records of customers.

      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)

      NRS 704.206  Provision of list of customers for district judge or jury

commissioner; reimbursement for cost of compiling list; immunity from liability

for disclosure of list.

      1.  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; A 2007, 240)

OTHER STANDARDS AND PRACTICES

      NRS 704.210  Powers of Commission: Adoption of regulations; supervision and

regulation of public utilities; exceptions.

      1.  Except as otherwise provided in

subsection 2, the Commission may:

      (a) 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.

      (b) Prescribe classifications of the service of

all public utilities and, except as otherwise provided in NRS 704.075, fix and regulate the rates therefor.

      (c) 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.

      (d) Adopt just and reasonable regulations for the

apportionment of all joint rates and charges between public utilities.

      (e) Consider the need for the conservation of

energy when acting pursuant to the provisions of this subsection.

      2.  The provisions of subsection 1 do not

apply to a competitive supplier.

      [17:109:1919; 1919 RL p. 3159; NCL § 6116]—(NRS A

1969, 1158; 1977,

552, 884;

1985, 1129;

1997, 1910;

2007, 702)

      NRS 704.215  Powers of Commission: Adoption of certain rules, regulations and

rates by reference.

      1.  Subject to the provisions of this

chapter, the Commission may adopt by reference all or part of any appropriate:

      (a) Rule, regulation or rate schedule relating to

telecommunication service issued by an agency of the Federal Government or of

any state.

      (b) Regulation proposed by the National

Association of Regulatory Utility Commissioners or code issued by a national or

state professional society.

      2.  A copy of each such rule, regulation,

rate schedule or code adopted by the Commission pursuant to this section must

be included with the regulations filed with the Secretary of State.

      (Added to NRS by 1969, 1000; A 1991, 515; 2007, 702)

      NRS 704.220  Powers of Commission: Fixing standards; examination and testing

of product or service.

      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]

      NRS 704.223  Authorization of purchase or transmission of electricity to

certain businesses to reduce overall cost of electricity to business.

      1.  If a business with a new industrial

load has been certified by the Office of 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; 2011, 3483)

      NRS 704.225  Regulations requiring lower rates for electricity for irrigation

pumps: Interruptible service.

      1.  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:

      (a) Will be applied:

             (1) From March 1 to October 31, inclusive;

and

             (2) 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.

      (b) Provides for a maximum rate for interruptible

service per kilowatt-hour of electricity used. The rate must be determined by

dividing the sum of the lowest charge per kilowatt-hour offered by each public

utility and each cooperative association under any of its rate schedules

applicable to its residential, commercial or industrial customers or members in

Nevada by the total number of public utilities and cooperative associations

which furnish electricity in this State. No charges may be included for minimum

billings or costs relating to standby, customers or demand. A public utility or

cooperative association shall provide such information as is necessary for the

Commission to determine the maximum rate for interruptible service pursuant to

this section.

      2.  As used in this section:

      (a) “Cooperative association” means a cooperative

association, nonprofit cooperation or association or any other provider of

services described in this chapter that supplies those services for the use of

its members; and

      (b) “Public utility” includes a municipal utility

as defined in NRS 702.060.

      (Added to NRS by 1981, 1152; A 1987, 22; 2007, 2867)

      NRS 704.230  Installation and use of water meters; separate rate for

residential users. [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 700,000 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; 2011, 1308)

      NRS 704.230  Installation of water

meters required by certain residential buildings; exceptions. [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 700,000 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; 2011, 1308,

effective when certain conditions concerning agreement between Sierra Pacific

Power Company and Pyramid Lake Paiute Tribe have been met)

      NRS 704.235  Use by local government of facilities of public utility for

treatment, transportation or exchange of water.

      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)

      NRS 704.240  Powers of Commission: Purchase of apparatus for examinations and

tests; entry on premises to make examination and test.

      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)

      NRS 704.250  Powers of Commission: Standards for maintenance, use and

operation of electric poles, wires, cables and appliances.  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]

      NRS 704.260  Powers of Commission: Requiring repair and construction of

property and use of appliances for safety; regulations.  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)

      NRS 704.280  Powers of Commission: Regulation of lines and tracks;

regulations; safety devices.  The

Commission may:

      1.  Regulate the manner in which power and

telephone 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; 2013, 1947)

      NRS 704.285  Violation of law governing interception or disclosure of

communications made by wire or radio: Investigation; hearing; orders to cease

and desist.

      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)

      NRS 704.300  Railroad crossings: Powers of Commission; payment of expenses.

      1.  After an investigation 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 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.  If the Commission chooses to conduct a

hearing before issuing an order pursuant to subsection 1, all costs incurred by

reason of the hearing, 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; 2007, 1772)

      NRS 704.305  Railroad crossings: Apportionment of costs of construction,

reconstruction and protective devices; maintenance of surface.

      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)

      NRS 704.307  Railroads: Duty of Commission to ensure safety; regulations.  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)

      NRS 704.309  Railroads: Commission to levy and collect annual assessments;

fee for delinquent assessment; sale or transfer of certificate of public convenience

and necessity; action for collection of assessment or fee.

      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 fee 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 fee 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 fee that is not

paid pursuant to this section.

      (Added to NRS by 1997, 1496; A 2001, 1765; 2007, 37)

      NRS 704.310  Sale of surplus light, heat or power by person not public

utility; approval by Commission.

      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)

      NRS 704.320  Purchase of surplus water or electric current by public utility

for resale; application filed with Commission; approval of application; seller

not deemed public utility.

      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

      NRS 704.322  “Security” defined.  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)

      NRS 704.323  Issuance of security or assumption of obligation by privately

owned public utility subject to authorization by Commission; exceptions.

      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)

      NRS 704.324  Order authorizing issuance of security or assumption of

obligation; variable-rate securities; supplemental order; findings; conditions.

      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)

      NRS 704.325  Limitations on application of security or proceeds.  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)

      NRS 704.326  Guarantee or obligation of State not implied.  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)

      NRS 704.327  Payment of necessary expenses of Commission by public utility.  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)

      NRS 704.328  Inapplicability of NRS 704.322 to 704.326,

inclusive, to certain public utilities.  The

provisions of NRS 704.322 to 704.326,

inclusive, do not apply to:

      1.  A public utility engaged in:

      (a) Interstate commerce if 25 percent or more of

the operating revenues of such public utility are derived from interstate

commerce.

      (b) 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 700,000 or more.

      2.  A competitive supplier.

      (Added to NRS by 1957, 445; A 1963, 814; 1965, 1011; 2003, 369; 2007, 702; 2011, 1308)

MERGERS, ACQUISITIONS OR CHANGES IN CONTROL

      NRS 704.329  Mergers, acquisitions or changes in control of public utility or

entity that holds controlling interest in public utility: Authorization of

Commission required; time within which Commission must act; exceptions.

      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 customers 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. A person who

proposes such a transaction shall file with the Commission written notice of

the proposed transaction. The notice must identify each party to the proposed

transaction and include a verified statement that 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 in the most recently completed calendar year. Upon filing the

notice required by this paragraph, the person may submit a written request that

the Regulatory Operations Staff of the Commission and the Consumer’s Advocate

waive the right pursuant to subparagraph (1) to request an order from the

Commission requiring the person to file an application for authorization of the

proposed transaction. If the Regulatory Operations Staff and the Consumer’s

Advocate waive in writing the right to request an order from the Commission

requiring the person to file an application, the proposed transaction is

exempted from the provisions of this section. 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 files the notice

required by this paragraph, 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,

and has not waived its right to request such an order;

             (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 700,000 or more.

      (d) A provider of commercial mobile radio

service.

      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; 2011, 1308;

2013, 199)

CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY

      NRS 704.3296  “Electric utility” defined.  As

used in NRS 704.3296 to 704.410,

inclusive, unless the context otherwise requires, “electric utility” has the

meaning ascribed to it in NRS 704.7571.

      (Added to NRS by 2001, 343; A 2007, 38, 494)

      NRS 704.330  Public utility to obtain certificate of public convenience and

necessity; exceptions; terms and conditions; orders to cease and desist;

duplication of service; boundaries of certain

service areas.

      1.  Except as otherwise provided in this

section, any person 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.  The provisions of this section do not

require a public utility to secure such a certificate for any extension within

any town or city within which it lawfully has commenced operations or for any

other extension if the extension:

      (a) Is undertaken by a small-scale provider of

last resort to serve a telephone toll station or stations to be located not

more than 10 miles from existing telephone facilities;

      (b) Is undertaken for any purpose by a

competitive supplier; or

      (c) 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 otherwise provided in

subsections 7 and 8, if 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 and regulate a

duplication of service by telecommunication providers in an area where the

provider of last resort is a small-scale provider of last resort if the

Commission finds that the competition should occur and that any duplication of

service is reasonable.

      8.  The Commission:

      (a) Shall allow a duplication of service or

facilities by telecommunication providers in an area where the provider of last

resort is a competitive supplier; and

      (b) On or after January 1, 2012, shall not

regulate a duplication of service or facilities by telecommunication providers

in an area where the provider of last resort is a competitive supplier.

      9.  A competitive supplier that is a

provider of last resort:

      (a) Must provide to the Commission a description

of and map depicting the boundaries of the service area in which the Commission

has designated the competitive supplier as the provider of last resort; and

      (b) May change the boundaries of that service

area by filing an application with the Commission. The application shall be

deemed approved if the Commission does not act on the application within 120

days after the date the application is filed with the Commission.

      [Part 36 1/2:109:1919; A 1925, 243; 1947, 743; 1955,

407]—(NRS A 1959, 269; 1963, 814, 1117; 1971, 727; 1985, 1018; 2007, 703)

      NRS 704.340  Municipalities and certain trusts for furtherance of public

functions not required to obtain certificates; approval and jurisdiction of

Commission.

      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)

      NRS 704.350  Prerequisites to issuance of certificate.  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]

      NRS 704.355  Considerations for issuance of certificate to certain utilities

providing water service or sewage service.  In

determining whether to issue a certificate of public convenience and necessity

to a new public utility that authorizes the construction, ownership, control or

operation of any line, plant or system for the purpose of furnishing water for

municipal, industrial or domestic purposes or services for the disposal of

sewage, or both, the Commission shall consider whether another public utility

or person is ready, willing and able to provide the services in the geographic

area proposed by the applicant for the certificate.

      (Added to NRS by 2007, 488)

      NRS 704.360  Conduct of investigations and hearings.  All

hearings and investigations under NRS 704.3296 to 704.410, 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]—(NRS A 2007,

38)

      NRS 704.370  Issuance or refusal of certificate: Terms and conditions;

hearing required for certain applications; power of Commission to dispense with

hearing for certain applications.

      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)

      NRS 704.380  Public utility beginning, prosecuting or completing new

construction without certificate: Levy of tolls and charges prohibited and

void; exceptions.

      1.  Except as otherwise provided in

subsection 2, any public utility beginning, prosecuting or completing any new

construction in violation of this chapter is not permitted to levy any tolls or

charges for services rendered, and all such tolls and charges are void.

      2.  The provisions of subsection 1 do not

apply to a competitive supplier that is operating in accordance with the

provisions of this chapter governing telecommunication providers.

      [Part 36 1/2:109:1919; A 1925, 243; 1947, 743; 1955,

407]—(NRS A 2007,

704)

      NRS 704.390  Discontinuance, modification or restriction of service:

Authorization of Commission required; hearing required for certain

applications; power of Commission to dispense with hearing for certain

applications.

      1.  Except as otherwise provided in NRS 704.68861 to 704.68887,

inclusive, 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; 2007, 704)

      NRS 704.400  Order of Commission prima facie lawful from date of order.  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 704.410, 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; 2007, 38)

      NRS 704.410  Transfer of certificate: Authorization of Commission required;

hearing required for certain transfers; power of Commission to dispense with

hearing for certain transfers; factors considered; effectiveness of certificate

after transfer.

      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 or the

transfer is incident to a transaction that is subject to an application under NRS 704.329 approved by the Commission; 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; 2007, 704)

VALUATION OF PROPERTY

      NRS 704.440  Investigation and ascertainment of value of property of public

utility; exceptions.

      1.  Except as otherwise provided in

subsection 2, 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. In making such an 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.

      2.  The provisions of subsection 1 do not

apply to a competitive supplier.

      [8:109:1919; 1919 RL p. 3157; NCL § 6107]—(NRS A 2007, 705)

VIOLATIONS, PENALTIES AND REMEDIES

      NRS 704.595  Civil penalty for violation of regulations adopted in conformity

with Natural Gas Pipeline Safety Act of 1968; compromise and recovery of

penalty.

      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)

      NRS 704.600  Failure or refusal to make reports or allow examination

unlawful; administrative fine.  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 the knowledge of the officer, agent or employee;

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 the possession or under the control of the officer, agent

or employee,

Ê is subject

to the administrative fine prescribed in NRS

703.380.

      [31:109:1919; 1919 RL p. 3164; NCL § 6131]—(NRS A 1981, 1598; 2007, 38)

      NRS 704.630  Additional civil remedies of Commission.  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]

      NRS 704.635  Order by Commission to cease and desist.  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 704.754, 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 704.754, inclusive, or 704.9901.

The Commission shall enforce the order under the powers vested in the

Commission by NRS 704.005 to 704.754,

inclusive, or 704.9901 or other law.

      (Added to NRS by 1969, 1161; A 1985, 317; 1989, 728; 2003, 3029)

      NRS 704.638  Unlawful to post sign on device of public utility used to

support line for telephone or electricity.  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 telephone or electric transmission

line.

      (Added to NRS by 1979, 436; A 2013, 1948)

      NRS 704.640  Criminal penalties.  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 704.754,

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 704.754,

inclusive, 704.9901 and 704.993

to 704.999, inclusive, or by the Commission

pursuant to NRS 704.005 to 704.754,

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 704.754, 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

the failure to obey the order, decision or regulation; or

      6.  Advertises, solicits, proffers bids or

otherwise holds himself, herself or itself out to perform as a public utility

in violation of any of the provisions of NRS 704.005

to 704.754, 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)

      NRS 704.645  Remedies of State cumulative; election of remedies.  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

      NRS 704.655  Public utility required to pay interest on deposits made by

customers; penalty.

      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

      NRS 704.660  Public utility supplying water required to provide sufficient

water for protection from fire at reasonable rates; regulations by Commission.

      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, the installation of appliances to assure a reasonably

sufficient pressure for fire protection and the maintenance of fire hydrants

that are the property of the public utility and located either within a public

right-of-way or upon private property to which the public utility is permitted

reasonable access without cost.

      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; 2007,

494)

      NRS 704.661  Certain public utilities furnishing water or sewage service

required to submit resource plan for meeting demand made on system; request for

waiver from submission of resource plan; contents and procedure; recovery of

certain costs and expenditures relating to plan.

      1.  Except as otherwise provided in this

section, a public utility that furnishes water for municipal, industrial or

domestic purposes or services for the disposal of sewage, or both, and which

had an annual gross operating revenue of $1,000,000 or more for at least 1 year

during the immediately preceding 3 years shall, on or before March 1 of every

third year, in the manner specified by the Commission, submit a plan to the

Commission to provide sufficient water or services for the disposal of sewage

to satisfy the demand made on its system by its customers. If a public utility

furnishes both water and services for the disposal of sewage, its annual gross

operating revenue for each service must be considered separately for

determining whether the public utility meets the requirements of this

subsection for either service.

      2.  A public utility may request a waiver

from the requirements of subsection 1 by submitting such a request in writing

to the Commission not later than 180 days before the date on which the plan is

required to be submitted pursuant to subsection 1. A request for a waiver must

include proof satisfactory that the public utility will not experience a

significant increase in demand for its services or require the acquisition or

construction of additional infrastructure to meet present or future demand

during the 3-year period covered by the plan which the public utility would

otherwise be required to submit pursuant to subsection 1.

      3.  The Commission shall, not later than 45

days after receiving a request for a waiver pursuant to subsection 2, issue an

order approving or denying the request. The Commission shall not approve the

request of a public utility for a waiver for consecutive 3-year periods.

      4.  The Commission:

      (a) Shall adopt regulations to provide for the

contents of and the method and schedule for preparing, submitting, reviewing

and approving a plan submitted pursuant to subsection 1; and

      (b) May adopt regulations relating to the

submission of requests for waivers pursuant to subsection 2.

      5.  Not later than 180 days after a public

utility has filed a plan pursuant to subsection 1, the Commission shall issue

an order accepting the plan as filed or specifying any portion of the plan it

finds to be inadequate.

      6.  If a plan submitted pursuant to

subsection 1 and accepted by the Commission pursuant to subsection 5 and any

regulations adopted pursuant to subsection 4 identifies a facility for

acquisition or construction, the facility shall be deemed to be a prudent

investment and the public utility may recover all just and reasonable costs of

planning and constructing or acquiring the facility.

      7.  All prudent and reasonable expenditures

made by a public utility to develop a plan filed pursuant to subsection 1,

including, without limitation, any environmental, engineering or other studies,

must be recovered from the rates charged to the public utility’s customers.

      (Added to NRS by 2007, 489; A 2009, 2476;

2013, 25)

      NRS 704.662  Plan of water conservation: Requirement and procedure for

adoption; review by Commission; election to comply with plan adopted by

Commission.

      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)

      NRS 704.6622  Plan of water conservation: Contents; approval by Commission.

      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)

      NRS 704.6624  Plan to provide incentives for water conservation: Procedure for

adoption; revision; review and approval by Commission.

      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)

      NRS 704.663  Certain public utilities furnishing water or sewage service:

Regulations by Commission to consider certain requests by utility to recover

costs or impose surcharge.  The

Commission shall adopt regulations specifying the information the Commission

will consider:

      1.  In reviewing a request included in an

application to make changes in any schedule submitted pursuant to NRS 704.110 by a public utility which furnishes, for

compensation, any water for municipal, industrial or domestic purposes, or

services for the disposal of sewage, or both, to recover an amount based on the

anticipated effects of implementing a plan of water conservation, including,

without limitation, the anticipated effects of decreased consumption of water

by customers of the public utility as the result of the implementation of a

plan for water conservation or the charging of rates to encourage water

conservation;

      2.  In reviewing a request included in an

application to make changes in any schedule submitted pursuant to NRS 704.110 by a public utility which furnishes, for

compensation, any water for municipal, industrial or domestic purposes, or

services for the disposal of sewage, or both, to recover the costs of providing

service without regard to the difference in the quantity of water actually sold

by the public utility by taking into account the adjusted and annualized

quantity of water sold during a test year and the growth in the number of

customers of the public utility; and

      3.  In reviewing a request included in a

plan or amendment to a plan submitted pursuant to NRS

704.661 by a public utility which furnishes, for compensation, any water

for municipal, industrial or domestic purposes, or services for the disposal of

sewage, or both, and which had an annual gross operating revenue of $1,000,000

or more for at least 1 year during the immediately preceding 3 years or, if the

public utility is authorized to follow the simplified procedures or

methodologies for a change of rates pursuant to NRS

704.095, made in such other form as prescribed by the Commission, to impose

a surcharge for the purpose of funding and encouraging investment in

infrastructure in the period between the filing of rate cases by the public

utility. The imposition of any such surcharge approved by the Commission is not

subject to the provisions of NRS 704.110.

      (Added to NRS by 2013, 2311)

      NRS 704.664  Facility for treatment of water acquired and constructed by

county: Approval of Commission required for imposition of tax to finance

facility if water taxed is supplied by public utility; determination by

Commission.

      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)

      NRS 704.6642  Facility for treatment of water acquired and constructed by

county: Billing and collection of tax imposed on customers of public utility.

      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)

      NRS 704.6644  Facility for treatment of water acquired and constructed by

county: Public utility’s use of water treatment services provided by facility

authorized; Commission’s approval of agreement for use required.

      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)

      NRS 704.6646  Facility for treatment of water acquired and constructed by

county: Operation and maintenance of facility by public utility authorized;

Commission’s approval of agreement for operation and maintenance required.

      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)

      NRS 704.665  Water to be provided through single connection to building

containing multiple units for occupancy; exception.  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)

      NRS 704.667  Public utility not required to furnish water for artificial lake

or stream if prohibited or restricted by ordinance in certain counties;

exceptions.  In any county whose

population is 700,000 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 an artificial lake or stream

where that use of water is prohibited or restricted by ordinance of:

      (a) The county, if the artificial lake or stream

is located within the unincorporated areas of the county; or

      (b) A city, if the artificial 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 an artificial 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; A 2011, 1310)

      NRS 704.6672  Review of water supply and sewage service for certain proposed

subdivisions: Duties of Commission; fee; exceptions.

      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 Division of Public and Behavioral Health 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)

      NRS 704.6674  Supplier of water or services for sewage: Regulation by county;

exceptions; appointment of receiver upon petition of county commissioners.

      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)

      NRS 704.6676  Supplier of water or services for sewage: Appointment of

receiver upon petition of Commission.

      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 the person’s appointment until the termination of the person’s

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)

      NRS 704.668  Disposal or encumbrance of property by certain public utilities

furnishing water or services for sewage: Approval of Commission required;

hearing required in certain matters; regulations.

      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

700,000 or more.

      (Added to NRS by 1991, 144; A 2003, 370; 2011, 1310)

GEOTHERMAL ENERGY

      NRS 704.669  Regulation of sale of geothermal energy to public.

      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

704.021 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

      NRS 704.673  Cooperatives, nonprofit corporations and associations supplying

services both to public and members declared public utilities; regulation by

Commission.

      1.  Except as otherwise provided in

subsection 2, 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.

      2.  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 (a) of subsection 2 of NRS 704.020, by

a cooperative association or nonprofit corporation or association which before April

26, 1963, had supplied services for the use of its own members only, the

provisions of subsection 1 are not applicable for a period of 6 months or the

expiration of such reasonable extension or extensions of that 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 this chapter as

provided by NRS 704.675.

      (Added to NRS by 1963, 1114; A 2007, 1773)

      NRS 704.675  Cooperatives, nonprofit corporations and associations supplying

services to members only declared public utilities; limited jurisdiction of

Commission.  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

and 704.350 to 704.410,

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; 2007, 39)

      NRS 704.677  Certificates of public convenience and necessity to be issued to

certain cooperatives, nonprofit corporations and associations; contents of

statement and certificate.

      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

      NRS 704.684  Limitations on regulation of broadband service; exceptions.

      1.  Except as otherwise provided in this

section, 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 small-scale provider of last resort derives from providing a broadband

service, if the Commission is determining the rates of the provider 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, pricing, terms and

conditions of intrastate switched or special access services provided by a

telecommunication provider.

      3.  The provisions of subsection 1 do not:

      (a) 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;

      (b) Prevent the Commission from exercising its

authority pursuant to 47 U.S.C. § 214(e) or § 254(f) relating to the

implementation of the federal universal service program, including, without

limitation, taking any action within the scope of that authority because of a

regulation or order of the Federal Communications Commission; or

      (c) Limit or modify:

             (1) The duties of a telecommunication

provider 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

             (2) The authority of the Commission to act

pursuant to NRS 704.6881 and 704.6882.

      4.  As used in this section, “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.

      (Added to NRS by 2003, 3036; A 2007, 705; 2013, 200)

INTERNET PROTOCOL-ENABLED SERVICE AND VOICE OVER INTERNET

PROTOCOL SERVICE

      NRS 704.685  Limitations on regulation of Internet Protocol-enabled service

or Voice over Internet Protocol service; exceptions.

      1.  Except as otherwise provided in

subsection 2, a state agency or political subdivision of the State may not,

directly or indirectly, regulate the rates charged for, service or contract

terms for, conditions for, or requirements for entry for Internet Protocol-enabled

service or Voice over Internet Protocol service.

      2.  The provisions of subsection 1 must not

be construed to:

      (a) Affect or limit the enforcement of criminal

or civil laws, including, without limitation, laws concerning consumer protection

and unfair or deceptive trade practices, that apply generally to the conduct of

business;

      (b) Affect, mandate or prohibit:

             (1) The assessment of taxes, fees or

surcharges which are of general applicability or which are otherwise authorized

by statute; or

             (2) The levy and collection of the

assessment required by NRS 704.033 from a provider

of Voice over Internet Protocol service that has a certificate of public

convenience and necessity; or

      (c) Affect or modify:

             (1) Any right or obligation of any

telecommunication provider, or the authority granted to the Commission pursuant

to 47 U.S.C. §§ 251 and 252, including, without limitation, any authority

granted to the Commission to address or affect the resolution of disputes

regarding reciprocal compensation and interconnection;

             (2) Any obligation relating to the

provision of video service by any person pursuant to chapter 711 of NRS;

             (3) Any applicable wholesale tariff; or

             (4) Any authority granted to the

Commission pursuant to 47 U.S.C. §§ 214(e) and 254(f).

      3.  As used in this section:

      (a) “Internet Protocol-enabled service” means any

service, functionality or application which uses Internet Protocol or a

successor protocol that enables an end-user to send or receive voice, data or

video communications. The term does not include Voice over Internet Protocol

service.

      (b) “Voice over Internet Protocol service” means

any service that:

             (1) Enables real-time, two-way voice

communication originating from or terminating at the user’s location in

Internet Protocol or a successor protocol;

             (2) Uses a broadband connection from the

user’s location; and

             (3) Permits a user to receive a call that

originates on the public switched telephone network and to terminate a call to

the public switched telephone network.

      (Added to NRS by 2013, 1946)

BROADCAST TELEVISION SERVICE

      NRS 704.687  Limitations on exclusion of televised broadcasts of sporting or

other special events.

      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

      NRS 704.6873  Adoption of regulations regarding telecommunication service

furnished to certain public facilities, providers of health care, low-income

persons and rural, insular and high-cost areas.

      1.  The Commission shall adopt regulations

that require each telecommunication provider furnishing service 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 provider

furnishes 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 telecommunication provider furnishing service 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 telecommunication

provider 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:

      (a) Persons with low income to receive a

reduction in rates for telephone service pursuant to NRS 707.400 to 707.500, inclusive. The regulations

adopted pursuant to this paragraph must provide that:

             (1) An eligible provider shall provide a

reduction in rates for telephone service if the income of a person’s household

is at or below the greater of:

                   (I) The percentage of the federally

designated level signifying poverty for a household of that size specified by

47 C.F.R. § 54.409, as that section existed on June 28, 2012; or

                   (II) The percentage of the federally

designated level signifying poverty for a household of that size specified by

the Commission; and

             (2) The percentage of the federally

designated level signifying poverty specified pursuant to subparagraph (1) is

applicable to all eligible providers.

      (b) Small-scale

providers of last resort to apply to receive payments from the fund to maintain

the availability of telephone service with regard to rural,

insular and high-cost areas.

      (c) Competitive suppliers that are providers of

last resort to apply to receive payments from the fund to maintain the

availability of telephone service with regard to rural, insular and high-cost

areas.

      4.  Any regulations adopted pursuant to

this section and NRS 704.040 regarding the

availability of telephone service must:

      (a) Be consistent with the applicable provisions

of 47 U.S.C. §§ 214 and 254;

      (b) Define rural, insular and high-cost areas;

      (c) Establish nondiscriminatory eligibility

requirements for all small-scale providers of last resort that apply to receive

payments from the fund to maintain the availability of telephone service with

regard to rural, insular and high-cost areas; and

      (d) Allow competitive suppliers which are

providers of last resort and which meet the eligibility requirements

established by the Commission to apply to receive payments from the fund to

maintain the availability of telephone service with regard to rural, insular

and high-cost areas.

      5.  As used in this section:

      (a) “Eligible provider” has the meaning ascribed

to it in NRS 707.440.

      (b) “Household” has the meaning ascribed to it in

47 C.F.R. § 54.400(h), as that section existed on April 2, 2012.

      (c) “Income” has the meaning ascribed to it in 47

C.F.R. § 54.400(f), as that section existed on April 2, 2012.

      (Added to NRS by 1997, 1902; A 2007, 706; 2013, 201)

      NRS 704.6875  Customer entitled to written notice of duration of certain

calls.

      1.  Except as otherwise provided in

subsection 2, each telecommunication provider 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.

      (Added to NRS by 2003, 3036; A

2007,707)

      NRS 704.6877  Adoption of regulations regarding notice provided by incumbent

local exchange carriers of certain interconnection agreements.

      1.  The Commission shall by regulation

establish a procedure for an incumbent local exchange carrier to provide notice

via the Internet of interconnection agreements entered into with another

telecommunication provider.

      2.  The procedure established by the

Commission pursuant to this section for providing notice via the Internet is

the exclusive method for providing such notice, and the Commission may not

require another method of notice.

      3.  When an incumbent local exchange

carrier provides notice via the Internet pursuant to this section, the notice

must include a link to the public area of its website where an

electronic copy of the interconnection agreements may be obtained.

      (Added to NRS by 2007, 686)

      NRS 704.6878  Adoption of regulations regarding incumbent local exchange

carriers and the obligations of providers of last resort.  The Commission shall adopt regulations that

establish the obligations of incumbent local exchange carriers as providers of

last resort giving due consideration to the status of the incumbent local

exchange carriers as either competitive suppliers or small-scale providers of

last resort.

      (Added to NRS by 2007, 686; A 2013, 1948)

Competition Among Providers; Complaints

      NRS 704.6881  Establishment of standards and penalties to encourage

competition and discourage discrimination in provision of local

telecommunication services.  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

telecommunication provider 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 telecommunication provider 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 administrative fine 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; A 2007, 39, 708)

      NRS 704.6882  Establishment of expedited procedures for certain complaints

filed by provider against another provider.  Notwithstanding

the provisions of NRS 703.310 and 703.320, the Commission shall establish by

regulation expedited procedures for complaints filed by a telecommunication

provider against another telecommunication provider for any dispute arising

under this chapter, including, without limitation, a dispute arising under the

standards set forth in NRS 704.68887, or arising

under chapter 703 of NRS. The regulations may

include, without limitation, 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; A 2007, 708)

      NRS 704.6883  Judicial review of certain decisions of Commission.  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)

      NRS 704.6884  Providers required to comply with state and federal consumer and

antitrust protections; providers subject to laws governing unfair trade

practices for violations of standards established by Commission.  The provisions of NRS

704.6881 to 704.6884, inclusive, must not be

construed to exempt telecommunication providers 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 telecommunication provider in violation of the

standards established pursuant to subsection 1 of NRS

704.6881.

      (Added to NRS by 1999, 1319; A 2007, 708)

Competitive Suppliers

      NRS 704.68861  Applicability.

      1.  Except as otherwise provided in this

section, any telecommunication provider operating within this State is a

competitive supplier that is subject to the provisions of NRS 704.68861 to 704.68887,

inclusive.

      2.  A small-scale provider of last resort

is not a competitive supplier that is subject to the provisions of NRS 704.68861 to 704.68887,

inclusive, unless the small-scale provider of last resort is authorized by the

Commission pursuant to NRS 704.68869 to be

regulated as a competitive supplier.

      (Added to NRS by 2007, 686; A 2013, 1948)

      NRS 704.68863  Powers and duties under certain federal and state laws preserved.  The provisions of NRS

704.68861 to 704.68887, 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 competitive supplier that is

an incumbent local exchange carrier 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 2007, 687; A 2013, 1948)

      NRS 704.68865  Adoption of regulations.  The

Commission may adopt any regulations that are necessary to carry out the

provisions of NRS 704.68861 to 704.68887, inclusive.

      (Added to NRS by 2007, 687; A 2013, 1949)

      NRS 704.68867  Filing of reports.

      1.  Each competitive supplier that is an

incumbent local exchange carrier on May 31, 2007, shall:

      (a) On or before October 1, 2008, prepare and

submit to the Commission and the Bureau of Consumer Protection in the Office of

the Attorney General a report regarding competition in the local markets for

telecommunication service, including, without limitation, competition from

available alternative services that serve as technological substitutes for

telecommunication service. The report must be based on information that is

reasonably available from public sources and must contain data, statistical

measures and analyses for assessing:

             (1) The existing number of customers of

the competitive supplier, the forms of telecommunication service provided by

the competitive supplier and the prices for such services;

             (2) The number of competitors in the local

markets within the service territory of the competitive supplier for various

forms of telecommunication service, including, without limitation, wireline and

wireless telecommunication service, and any available alternative services that

serve as technological substitutes for telecommunication service, such as

broadband services, and a comparison of the services provided by such

competitors and prices for telecommunication service and broadband service;

             (3) The growth or decline, if any, in

customers and primary access lines of the competitive supplier during the

preceding 5 years; and

             (4) The number of persons receiving a

reduction in rates for telephone service pursuant to NRS 707.400 to 707.500, inclusive, within the service

territory of the competitive supplier, the price of such service, the consumer

outreach and informational programs used to expand participation of eligible

persons in such service, and the management, coordination and training programs

implemented by the competitive supplier to increase awareness and use of

lifeline and tribal link up programs.

      (b) On or before October 1 of each year

thereafter for a period of 4 years, prepare and submit to the Commission and

the Bureau of Consumer Protection in the Office of the Attorney General a

report that compares and evaluates any changes in the data, prices, statistical

measures and analyses set forth in the report submitted by the competitive

supplier pursuant to paragraph (a).

      2.  The Commission shall:

      (a) On or before December 1 of each applicable

year, provide to the Legislative Commission a copy of the reports received

pursuant to subsection 1; and

      (b) On or before December 1, 2010, prepare and

submit to the Legislative Commission and the Bureau of Consumer Protection in

the Office of the Attorney General a report that:

             (1) Summarizes and evaluates the data,

prices, statistical measures and analyses set forth in the reports submitted by

competitive suppliers pursuant to subsection 1;

             (2) Provides an assessment of market

conditions and the state of competition for telecommunication service in the various

geographical areas of this State; and

             (3) Includes, without limitation:

                   (I) A discussion of the types of

alternative services that serve as technological substitutes for

telecommunication service and the availability of such alternative services in

the various geographical areas of this State; and

                   (II) An assessment of the

alternative services that are available for basic network service and business

line service considering intermodal alternatives, technological developments,

market conditions and the availability of comparable alternative services in

the various geographical areas of this State.

      3.  As used in this section:

      (a) “Lifeline” has the meaning ascribed to it in NRS 707.450.

      (b) “Tribal link up” has the meaning ascribed to

it in NRS 707.460.

      (Added to NRS by 2007, 687; A 2013, 202)

      NRS 704.68869  Regulation of small-scale providers of last resort.

      1.  A small-scale provider of last resort

may apply to the Commission to be regulated as a competitive supplier pursuant

to NRS 704.68861 to 704.68887,

inclusive.

      2.  The Commission may grant the

application if it finds that the public interest will be served by allowing the

small-scale provider of last resort to be regulated as a competitive supplier.

      3.  If the Commission denies the

application, the small-scale provider of last resort:

      (a) May not be regulated as a competitive

supplier but remains subject to regulation pursuant to this chapter as a

telecommunication provider; and

      (b) May not submit another application to be

regulated as a competitive supplier sooner than 1 year after the date the most

recent application was denied, unless the Commission, upon a showing of good

cause or changed circumstances, allows the provider to submit another application

sooner.

      (Added to NRS by 2007, 688; A 2013, 1949)

      NRS 704.68871  Exemption from review and monitoring of certain financial data;

limited financial and accounting requirements.

      1.  A competitive supplier is not subject

to any review of earnings or monitoring of the rate base or any other

regulation by the Commission relating to the net income or rate of return of

the competitive supplier, and the Commission shall not consider the rate of

return, the rate base or any other earnings of the competitive supplier in

carrying out the provisions of NRS 704.68861 to 704.68887, inclusive.

      2.  On or before May 15 of each year, a

competitive supplier shall file with the Commission an annual statement of

income, a balance sheet, a statement of cash flows for the total operations of

the competitive supplier and a statement of intrastate service revenues, each

prepared in accordance with generally accepted accounting principles.

      3.  A competitive supplier is not required

to submit any other form of financial report or comply with any other

accounting requirements, including, without limitation, requirements relating

to depreciation and affiliate transactions, imposed upon a public utility by

this chapter, chapter 703 of NRS or the

regulations of the Commission.

      (Added to NRS by 2007, 688; A 2013, 1949)

      NRS 704.68873  Exemption from regulation of telecommunication service;

exceptions.

      1.  Except as otherwise provided in NRS 704.68861 to 704.68887,

inclusive, a competitive supplier:

      (a) Is exempt from the provisions of NRS 704.100 and 704.110

and the regulations of the Commission relating thereto and from any other

provision of this chapter governing the rates, pricing, terms and conditions of

any telecommunication service; and

      (b) May exercise complete flexibility in the

rates, pricing, terms and conditions of any telecommunication service.

      2.  The rates, pricing, terms and

conditions of intrastate switched or special access service provided by a

competitive supplier that is an incumbent local exchange carrier and the

applicability of such access service to intrastate interexchange traffic are

subject to regulation by the Commission, which must be consistent with federal

law, unless the Commission deregulates intrastate switched or special access

service pursuant to NRS 704.68879.

      3.  A competitive supplier that is an

incumbent local exchange carrier shall use a letter of advice to change any

rates, pricing, terms and conditions of intrastate switched or special access

service, universal lifeline service or access to emergency 911 service. A

letter of advice submitted pursuant to this subsection shall be deemed approved

if the Commission does not otherwise act on the letter of advice within 120

days after the date on which the letter is filed with the Commission.

      (Added to NRS by 2007, 689; A 2013, 1949)

      NRS 704.68875  Exemption from filing schedules or tariffs; requirements

regarding publication of certain rate and service information.

      1.  A competitive supplier is not required

to maintain or file any schedule or tariff with the Commission.

      2.  For any area in which a competitive

supplier is a provider of last resort, the competitive supplier:

      (a) Shall publish the rates, pricing, terms and

conditions of basic network service by:

             (1) Posting such rates, pricing, terms and

conditions electronically on a publicly available Internet website maintained

by the competitive supplier;

             (2) Maintaining for inspection by the

public a copy of such rates, pricing, terms and conditions at the principal

office in Nevada of the competitive supplier; or

             (3) Delivering to the customer a copy of

the rates, pricing, terms and conditions in writing with the first invoice,

billing statement or other written summary of charges for the telecommunication

service provided by the competitive supplier to the customer; and

      (b) May publish the rates, pricing, terms and

conditions of other telecommunication service by:

             (1) Posting such rates, pricing, terms and

conditions electronically on a publicly available Internet website maintained by

the competitive supplier;

             (2) Maintaining for inspection by the

public a copy of such rates, pricing, terms and conditions at the principal

office in Nevada of the competitive supplier; or

             (3) Delivering to the customer a copy of

the rates, pricing, terms and conditions in writing with the first invoice,

billing statement or other written summary of charges for the telecommunication

service provided by the competitive supplier to the customer.

      (Added to NRS by 2007, 689; A 2013, 1950)

      NRS 704.68877  Requirements and exemptions regarding basic network service.

      1.  The Commission shall not decrease the

rates or pricing of basic network service provided by a competitive supplier,

unless the competitive supplier files a general rate application pursuant to

paragraph (b) of subsection 2 and the Commission orders a decrease in the rates

or pricing of such service in a general rate case proceeding conducted pursuant

thereto.

      2.  Except as otherwise provided in this

section, a competitive supplier that is an incumbent local exchange carrier

shall not:

      (a) Without the approval of the Commission,

discontinue basic network service or change the terms and conditions of basic

network service as set forth in the tariffs of the competitive supplier that

were in effect on January 1, 2007.

      (b) Before January 1, 2012, increase the rates or

pricing of basic network service as set forth in the tariffs of the competitive

supplier that were in effect on January 1, 2007, except that notwithstanding

any other provision of this chapter:

             (1) On or after January 1, 2011, and

before January 1, 2012, the competitive supplier may, without the approval of

the Commission, increase the rates or pricing of basic network service provided

by the competitive supplier but the total of all increases during that period

may not result in rates or pricing of basic network service that is more than

$1 above the rates or pricing set forth in the tariffs of the competitive

supplier that were in effect on January 1, 2007; and

            (2) The Commission may allow the

competitive supplier to increase the rates or pricing of basic network service

above the amounts authorized by this subsection only if the competitive

supplier files a general rate application and proves in a general rate case

proceeding conducted pursuant to NRS 704.110 and 704.120 that the increase is absolutely necessary to

avoid rates or prices that are confiscatory under the Constitution of the

United States or the Constitution of this State. In such a general rate case

proceeding, the Commission:

                   (I) May allow an increase in the

rates or pricing of basic network service provided by the competitive supplier

only in an amount that the competitive supplier proves in the general rate case

proceeding is absolutely necessary to avoid an unconstitutional result and

shall not authorize in the general rate case proceeding any rate, price or

other relief for the competitive supplier that is not proven by the competitive

supplier to be absolutely necessary to avoid an unconstitutional result; and

                   (II) May order a decrease in the

rates or pricing of basic network service provided by the competitive supplier

if the Commission determines in the general rate case proceeding that the

decrease is necessary to provide customers with just and reasonable rates.

      3.  On or after January 1, 2012:

      (a) A competitive supplier that is an incumbent

local exchange carrier may exercise flexibility in the rates, pricing, terms

and conditions of basic network service in the same manner permitted for other

telecommunication service pursuant to NRS 704.68873;

and

      (b) The Commission shall not:

             (1) Regulate the rates, pricing, terms and

conditions of basic network service provided by such a competitive supplier; or

             (2) Require such a competitive supplier to

maintain any schedule or tariff for basic network service.

      4.  For any area in which a competitive

supplier is a provider of last resort, the competitive supplier must provide

reasonably detailed information concerning the rates, pricing, terms and

conditions of basic network service in the manner required by NRS 704.68875.

      (Added to NRS by 2007, 690; A 2013, 1950)

      NRS 704.68879  Requirements regarding access to emergency 911 service;

requirements and procedure regarding deregulation of intrastate switched or

special access service.

      1.  A competitive supplier shall provide

access to emergency 911 service and shall not discontinue such access.

      2.  The Commission may, upon its own motion

or the petition of any person, deregulate intrastate switched or special access

service provided by a competitive supplier. Unless the Commission deregulates

such access service pursuant to this subsection, the rates, pricing, terms and

conditions of such access service are subject to tariff regulation by the

Commission.

      3.  If the Commission receives a petition

pursuant to subsection 2, the Commission shall act upon the petition not later

than 120 days after the date the Commission receives the petition.

      (Added to NRS by 2007, 691)

      NRS 704.68881  Authority of provider of last resort to satisfy obligations

through alternative voice service; conditions and limitations.

      1.  For any area in which a competitive

supplier is a provider of last resort, the competitive supplier may satisfy its

obligation as a provider of last resort through an alternative voice service.

      2.  The Commission may not exercise

jurisdiction over an alternative voice service used by a competitive supplier

or its affiliate to satisfy the competitive supplier’s obligation as a provider

of last resort, including, without limitation, determining the rates, pricing,

terms, conditions or availability of an alternative voice service.

      3.  The use of an alternative voice service

provided by a competitive supplier or an affiliate of the competitive supplier

to satisfy the competitive supplier’s obligation as a provider of last resort

does not affect any obligation of the competitive supplier:

      (a) As an incumbent local exchange carrier

pursuant to federal law.

      (b) Pursuant to NRS

704.033.

      4.  As used in this section, “alternative

voice service” means a retail voice service made available through any

technology or service arrangement that provides:

      (a) Voice-grade access to the public switched

telephone network; and

      (b) Access to emergency 911 service.

      (Added to NRS by 2007, 691; A 2013, 1951)

      NRS 704.68883  Permitted billing practices for certain service.  If a competitive supplier charges a customer a

fixed price or amount for a package of services, the competitive supplier, 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:

      1.  Identify each separate service or

component included in the package of services; or

      2.  Specify the unit price or amount

charged for each separate service or component included in the package of

services.

      (Added to NRS by 2007, 692)

      NRS 704.68885  Requirements regarding discontinuation of service.

      1.  A competitive supplier that is not a

provider of last resort may discontinue any telecommunication service by

providing written notice, not less than 10 days before the date of the

discontinuation, to any customer of that service and the Commission.

      2.  A competitive supplier that is a

provider of last resort may:

      (a) Discontinue any telecommunication service,

except basic network service, by providing written notice, not less than 10

days before the date of the discontinuation, to any customer of that service

and the Commission.

      (b) Apply to the Commission to discontinue basic

network service to all or a portion of the service territory of the competitive

supplier on terms that are in the public interest.

      (Added to NRS by 2007, 692)

      NRS 704.68886  Relief from obligations and status as provider of last resort;

requirements; filing application; power of Commission to declare emergency in

area where alternative voice service is unavailable.

      1.  A competitive supplier that is a

provider of last resort may file an application with the Commission to be

relieved, in whole or in part, of its obligations and status as a provider of

last resort in an area where alternative voice service is provided by:

      (a) At least:

             (1) One provider that utilizes a wireline

technology, is not an affiliate of the provider of last resort and is capable

of providing alternative voice service to the entire area for which relief is

sought; and

             (2) One provider that utilizes any other

technology and is capable of providing alternative voice service to the entire

area for which relief is sought;

      (b) On or after June 1, 2015, two or more

providers that utilize a wireless technology and that are capable of providing

alternative voice service to the entire area for which relief is sought; or

      (c) On or after June 1, 2015, three or more

providers that utilize any technology and that are capable of providing

alternative voice service to the entire area for which relief is sought.

      2.  An application filed pursuant to

subsection 1 must include:

      (a) A map of the entire area for which relief is

sought that identifies separately each provider of alternative voice service

which is intended to satisfy the requirements of subsection 1. The map must be

of sufficient detail to identify the exact boundary by street of the entire

area for which relief is sought.

      (b) A draft of the notice which the applicant

intends to provide pursuant to subsection 4.

      3.  The Commission shall approve or deny an

application filed pursuant to subsection 1 not later than 180 days after the

application is filed with the Commission. The Commission shall not approve an

application unless the Commission determines that the applicant has satisfied

the requirements of this section. The Commission may hold a hearing to

determine whether sufficient alternative voice service exists in an area for

which relief is sought by an applicant.

      4.  An applicant shall, not later than 30

days after filing an application pursuant to subsection 1, provide written

notice:

      (a) To each current customer of the applicant

located within the area for which relief is sought. The notice may be included

in a bill from the applicant to the customer or included in a special mailing,

other than a promotional mailing, which states that important information is

enclosed. If a customer has elected to receive his or her bill in an electronic

form, such notice must be provided to the customer electronically in the same

manner in which he or she receives a bill from the applicant.

      (b) To each public safety answering point which

is located within the area for which relief is sought.

      5.  The written notice provided to each

customer pursuant to paragraph (a) of subsection 4 must include, in clear and

comprehensive language that is understandable to an ordinary layperson:

      (a) A statement that the applicant has applied to

the Commission for relief of its obligations as a provider of last resort in

the area in which the customer resides.

      (b) A statement that a consumer session will be

conducted by the Commission in accordance with subsection 7 at which the

customer may make inquiries or comments concerning the application.

      (c) A statement that the Commission will issue a

public notice identifying the time, date and location of the consumer session.

      (d) Any additional information required by the

Commission.

      6.  A competitive supplier who files an

application for relief pursuant to subsection 1 shall conduct at least one

meeting concerning the application, which must include the following parties:

      (a) The Commission;

      (b) The Consumer’s Advocate;

      (c) Representatives from each public safety

answering point that is located within the area for which relief is sought; and



      (d) Each local law enforcement agency whose

jurisdiction includes, in whole or in part, the area for which relief is

sought.

      7.  Not later than 120 days after receiving

an application filed pursuant to subsection 1, the Commission shall, in

collaboration with the applicant, schedule and conduct at least one consumer

session in each county in which is located, in whole or in part, any area for

which relief is sought under the application. The Commission shall provide

notice of the consumer session in accordance with regulations adopted pursuant

to NRS 703.320.

      8.  A competitive supplier that is relieved

of its obligation and status as a provider of last resort pursuant to this

section shall not apply for, and is not entitled to receive, any money from the

fund to maintain the availability of telephone service for any area for which

relief has been granted pursuant to this section, except for money for the

provision of lifeline service, as the term is defined in NRS 707.450.

      9.  If the Commission issues an order

approving an application for relief pursuant to this section, the relief

granted by such approval does not affect or modify any obligation of an

incumbent local exchange carrier pursuant to any applicable federal law or

regulation.

      10.  A competitive supplier that is an

incumbent local exchange carrier and receives, on or before June 2, 2013, full

or partial relief from its obligations as a provider of last resort pursuant to

NRS 704.6878 shall be deemed to be fully released

from any obligation as a provider of last resort for the area for which relief

was granted on or before June 2, 2013.

      11.  Except as otherwise provided in this

section, any relief granted pursuant to this section does not impose any

obligation upon a provider of alternative voice service in the area for which

relief was granted.

      12.  The Commission may declare that an

emergency exists in any area in which alternative voice service is not

available and where a competitive supplier has been granted relief from its

obligations as a provider of last resort pursuant to this section. If the

Commission declares an emergency pursuant to this subsection, the Commission

may:

      (a) Take any steps necessary to protect the

health, safety and welfare of the affected residents or businesses and may

expedite the availability of alternative voice service to the affected

residents or businesses.

      (b) Utilize the fund to maintain the availability

of telephone service to ensure that any affected resident or business has

access to alternative voice service.

      (c) Issue an order imposing on a provider of

alternative voice service one or more obligations, including, without

limitation, the obligation to maintain adequate and reliable service for a

specified period, but such obligations may be imposed only to the extent that

the provider receives money from the fund to maintain the availability of

telephone service relating to the provision of service pursuant to the order

issued by the Commission pursuant to this paragraph.

      13.  If, as a result of the approval by the

Commission of an application filed pursuant to subsection 1, a residential

customer does not have access to telephone service, including alternative voice

service, the customer may, on or before May 31, 2016, file a request for

service with the Commission. Upon receipt of a request, the Commission shall

investigate whether such service is available to the customer. If the

Commission determines that service is not available, the Commission may order

the competitive supplier that received relief pursuant to this section to

provide service to the residential customer for a period specified by the Commission.

If a competitive supplier is ordered to provide service to a residential

customer pursuant to this subsection, the competitive supplier may satisfy its

obligation pursuant to this subsection by providing an alternative voice

service as provided in NRS 704.68881.

      14.  Except as otherwise provided in

subsections 12 and 13, a provider of alternative voice service that is not a

provider of last resort, or a competitive supplier that has been relieved of

its obligations as a provider of last resort, is not required to assume the

obligations of a provider of last resort.

      15.  As used in this section:

      (a) “Alternative voice service” means a retail

voice service made available through any technology or service arrangement

other than satellite service that provides:

             (1) Voice-grade access to the public

switched telephone network; and

             (2) Access to emergency 911 service.

      (b) “Public safety answering point” has the

meaning ascribed to it in NRS 707.500.

      (Added to NRS by 2013, 1943)

      NRS 704.68887  Anticompetitive acts and unlawful discrimination prohibited.  In exercising flexibility in the rates,

pricing, terms and conditions of any telecommunication service, a competitive

supplier that is an incumbent local exchange carrier shall not engage in any

anticompetitive act or practice or unlawfully discriminate among similarly

situated customers.

      (Added to NRS by 2007, 692)

ELECTRIC SERVICE

Conversion of Certain Generation Facilities

      NRS 704.701  Definitions.  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)

      NRS 704.706  Conversion of facility to allow firing by coal: Application for

adjustment of rates; public hearing.

      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)

      NRS 704.711  Decision on application for adjustment; conditions; requirements

for approval; federal or state grants.

      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)

      NRS 704.716  Calculation of amount of adjustment; effect on rates, prices and

charges.

      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)

      NRS 704.721  Filing of tariff on date of conversion.  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)

      NRS 704.726  Annual accounting of cost of conversion and revenues from

adjustment in rates; termination of adjustment upon recovery of cost of

conversion.

      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)

      NRS 704.731  Faith of State pledged.  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)

Reduction of Emissions From Coal-Fired Electric Generating

Plants

      NRS 704.7311  Definitions.  As

used in NRS 704.7311 to 704.7322,

inclusive, unless the context otherwise requires, the words and terms defined

in NRS 704.7312 to 704.7315,

inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2013, 3074)

      NRS 704.7312  “Coal-fired electric generating plant” defined.  “Coal-fired electric generating plant” means

an electric generating plant which burns coal to produce electricity and which

is owned, in whole or in part, by an electric utility.

      (Added to NRS by 2013, 3074)

      NRS 704.7313  “Electric utility” defined.  “Electric

utility” means an electric utility that primarily serves densely populated

counties, as that term is defined in paragraph (c) of subsection 17 of NRS 704.110.

      (Added to NRS by 2013, 3074)

      NRS 704.7314  “Emissions reduction and capacity replacement plan” defined.  “Emissions reduction and capacity replacement

plan” means a plan filed by an electric utility with the Commission pursuant to

NRS 704.7316.

      (Added to NRS by 2013, 3074)

      NRS 704.7315  “Renewable energy facility” defined.  “Renewable

energy facility” means an electric generating facility that uses renewable

energy to produce electricity. As used in this section, “renewable energy” has

the meaning ascribed to it in NRS 704.7811.

      (Added to NRS by 2013, 3074)

      NRS 704.7316  Comprehensive plan for reduction of emissions from coal-fired

electric generating plants and increased capacity from renewable energy

facilities and other electric generating plants; contents and requirements.

      1.  An electric utility shall file with the

Commission, as part of the plan required to be submitted pursuant to NRS 704.741, a comprehensive plan for the reduction of

emissions from coal-fired electric generating plants and the replacement of the

capacity of such plants with increased capacity from renewable energy

facilities and other electric generating plants.

      2.  The emissions reduction and capacity

replacement plan must provide:

      (a) For the retirement or elimination of:

             (1) Not less than 300 megawatts of

coal-fired electric generating capacity on or before December 31, 2014;

             (2) In addition to the generating capacity

retired or eliminated pursuant to subparagraph (1), not less than 250 megawatts

of coal-fired electric generating capacity on or before December 31, 2017; and

             (3) In addition to the generating capacity

retired or eliminated pursuant to subparagraphs (1) and (2), not less than 250

megawatts of coal-fired electric generating capacity on or before December 31,

2019.

Ê For the

purposes of this paragraph, the generating capacity of a coal-fired electric

generating plant must be determined by reference to the most recent resource

plan filed by the electric utility pursuant to NRS

704.741 and accepted by the Commission pursuant to NRS

704.751.

      (b) For the construction or acquisition of, or

contracting for, 350 megawatts of electric generating capacity from renewable

energy facilities. The electric utility shall:

             (1) Issue a request for proposals for 100

megawatts of electric generating capacity from new renewable energy facilities

on or before December 31, 2014;

             (2) In addition to the request for

proposals issued pursuant to subparagraph (1), issue a request for proposals

for 100 megawatts of electric generating capacity from new renewable energy

facilities on or before December 31, 2015;

             (3) In addition to the requests for

proposals issued pursuant to subparagraphs (1) and (2), issue a request for

proposals for 100 megawatts of electric generating capacity from new renewable

energy facilities on or before December 31, 2016;

             (4) Review each proposal received pursuant

to subparagraphs (1), (2) and (3) and identify those renewable energy

facilities that will provide:

                   (I) The greatest economic benefit to

this State;

                   (II) The greatest opportunity for

the creation of new jobs in this State; and

                   (III) The best value to customers of

the electric utility;

             (5) Negotiate, in good faith, to

construct, acquire or contract with the renewable energy facilities identified

pursuant to subparagraph (4), and file with the Commission an amendment to the

plan each time the utility wishes to construct, acquire or contract with such

facilities; and

             (6) Begin, on or before December 31, 2017,

the construction or acquisition of a portion of new renewable energy facilities

with a generating capacity of 50 megawatts to be owned and operated by the

electric utility, and complete construction of such facilities on or before

December 31, 2021.

Ê For the

purposes of this paragraph, the generating capacity of a renewable energy

facility must be determined by the nameplate capacity of the facility.

      (c) For the electric utility to construct or

acquire and own electric generating plants with an electric generating capacity

of 550 megawatts, which must be constructed or acquired to replace, in an

orderly and structured manner, the coal-fired electric generating capacity

retired or eliminated pursuant to paragraph (a).

      (d) If the plan includes the construction or

acquisition of one or more natural gas-fired electric generating plants, a

strategy for the commercially reasonable physical procurement of fixed-price

natural gas by the electric utility.

      (e) A plan for tracking and specifying the

accounting treatment for all costs associated with the decommissioning of the

coal-fired electric generating plants identified for retirement or elimination.

Ê For the

purposes of this subsection, an electric utility shall be deemed to own,

acquire, retire or eliminate only its pro rata portion of any electric

generating facility that is not wholly owned by the electric utility and,

except as otherwise provided in paragraph (b), “capacity” means an amount of

firm electric generating capacity used by the electric utility for the purpose

of preparing a plan filed with the Commission pursuant to NRS 704.736 to 704.754,

inclusive.

      3.  In addition to the requirements for an emissions

reduction and capacity replacement plan set forth in subsection 2, the plan may

include additional utility facilities, electric generating plants, elements or

programs necessary to carry out the plan, including, without limitation:

      (a) The construction of natural gas pipelines

necessary for the operation of any new natural gas-fired electric generating

plants included in the plan;

      (b) Entering into contracts for the

transportation of natural gas necessary for the operation of any natural

gas-fired electric generating plants included in the plan; and

      (c) The construction of transmission lines and

related infrastructure necessary for the operation or interconnection of any

electric generating plants included in the plan.

      (Added to NRS by 2013, 3074)

      NRS 704.7317  Electric utility required to record certain amounts in

regulatory asset.  An electric

utility shall, upon the completion of construction or acquisition of any

electric generating plant or other facility constructed or acquired pursuant to

an emissions reduction and capacity replacement plan accepted by the Commission

pursuant to NRS 704.751, begin recording in a

regulatory asset, with carrying charges, an amount that reflects a return on

the electric utility’s investment in the facility, depreciation of the

utility’s investment in the facility and the cost of operating and maintaining

the facility.

      (Added to NRS by 2013, 3076)

      NRS 704.7318  Sites used for production of electricity from coal-fired

electric generating plant: Remediation or reuse; regulation of emissions from

electric generating plants constructed on sites.

      1.  To ensure the remediation and, when

possible, the reuse of any site used for the production of electricity from a

coal-fired electric generating plant in this State, the Division of

Environmental Protection of the State Department of Conservation and Natural

Resources has exclusive jurisdiction to supervise and regulate the remediation

of such sites, including, without limitation, exclusive authority to regulate

and supervise the remediation of surface water and groundwater and solid-waste

disposal operations located at such a site.

      2.  The Division of Environmental

Protection has exclusive authority to regulate emissions from any electric

generating plant constructed on a site previously used for the production of

electricity from a coal-fired electric generating plant.

      (Added to NRS by 2013, 3076)

      NRS 704.7319  General rate proceedings filed before June 1, 2018, which

include request to recover certain costs.  If,

in any general rate proceeding filed by an electric utility before June 1,

2018, the utility includes a request for recovery of any amount related to the

implementation of an emissions reduction and capacity replacement plan and

recovery of such an amount would result in an increase in the electric

utility’s total revenue requirement of more than 5 percent, the utility must

propose a method or mechanism by which such excess may be mitigated. The

Commission may accept or reject such a rate method or mechanism. If the

mitigation method or mechanism is approved by the Commission, the utility shall

record any deferred revenue in a regulatory asset account and may calculate

carrying charges on the unamortized balance of the regulatory asset.

      (Added to NRS by 2013, 3076)

      NRS 704.732  Amendment to utility’s emissions reduction and capacity

replacement plan required when utility requests approval and acceptance by Commission

of contract with new renewable energy facility.

      1.  An electric utility shall file with the

Commission an amendment to the utility’s emissions reduction and capacity

replacement plan each time the utility requests approval and acceptance by the

Commission of any contract with a new renewable energy facility as the result

of a request for proposals pursuant to the current emissions reduction and

capacity replacement plan. The Commission may approve and accept the renewable

energy facility if the Commission determines that:

      (a) The facility is a renewable energy system as

defined in NRS 704.7815; and

      (b) The terms and conditions of the contract are

just and reasonable and satisfy the capacity requirements set forth in

subsection 2 of NRS 704.7316.

      2.  In considering a contract pursuant to

subsection 1, the Commission shall, in addition to considering the cost to customers

of the electric utility, give consideration to those contracts or renewable

energy facilities that will provide:

      (a) The greatest economic benefit to this State;

      (b) The greatest opportunity for the creation of

new jobs in this State; and

      (c) The best value to customers of the electric

utility.

      (Added to NRS by 2013, 3077)

      NRS 704.7321  Commission may recommend to electric utility modification of or

amendment to emissions reduction and capacity replacement plan.  If the Commission deems inadequate any portion

of an emissions reduction and capacity replacement plan or any amendment to the

plan, the Commission may recommend to the electric utility a modification of

that portion of the plan or amendment, and the electric utility may:

      1.  Accept the modification; or

      2.  Withdraw the proposed plan or

amendment.

      (Added to NRS by 2013, 3077)

      NRS 704.7322  Regulations.  The

Commission shall adopt any regulations necessary to carry out the provisions of

NRS 704.7311 to 704.7322,

inclusive.

      (Added to NRS by 2013, 3077)

Optional Pricing and Resource Planning

      NRS 704.736  Applicability.  The

application of NRS 704.736 to 704.754, 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; 2009, 993)

      NRS 704.738  Program of optional pricing for electricity generated from

renewable energy: Authorization of Commission required; Commission may

authorize higher rates.

      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)

      NRS 704.741  Plan to increase supply or decrease demands: Triennial

submission required; contents prescribed by regulation; requirements.

      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:

      (a) Prescribe the contents of such a plan,

including, but not limited to, the methods or formulas which are used by the

utility to:

             (1) Forecast the future demands; and

             (2) Determine the best combination of

sources of supply to meet the demands or the best method to reduce them; and

      (b) Designate renewable energy zones and revise

the designated renewable energy zones as the Commission deems necessary.

      3.  The Commission shall require the

utility to include in its plan:

      (a) An energy efficiency program for residential

customers which reduces the consumption of electricity or any fossil fuel and

which includes, without limitation, the use of new solar thermal energy

sources; and

      (b) A comparison of a diverse set of scenarios of

the best combination of sources of supply to meet the demands or the best

methods to reduce the demands, which must include at least one scenario of low

carbon intensity.

      4.  The Commission shall require the

utility to include in its plan a plan for construction or expansion of

transmission facilities to serve renewable energy zones and to facilitate the

utility in meeting the portfolio standard established by NRS 704.7821.

      5.  As used in this section:

      (a) “Carbon intensity” means the amount of carbon

by weight emitted per unit of energy consumed.

      (b) “Renewable energy zones” means specific

geographic zones where renewable energy resources are sufficient to develop

generation capacity and where transmission constrains the delivery of

electricity from those resources to customers.

      (Added to NRS by 1983, 886; A 1987, 961; 2007, 2986; 2009, 993, 1075)

      NRS 704.746  Public hearing on adequacy of plan; determination by Commission.

      1.  After a utility has filed its plan

pursuant to NRS 704.741, the Commission shall

convene a public hearing on the adequacy of the plan.

      2.  The Commission shall determine the

parties to the public hearing on the adequacy of the plan. A person or

governmental entity may petition the Commission for leave to intervene as a

party. The Commission must grant a petition to intervene as a party in the

hearing if the person or entity has relevant material evidence to provide

concerning the adequacy of the plan. The Commission may limit participation of

an intervener in the hearing to avoid duplication and may prohibit continued

participation in the hearing by an intervener if the Commission determines that

continued participation will unduly broaden the issues, will not provide

additional relevant material evidence or is not necessary to further the public

interest.

      3.  In addition to any party to the

hearing, any interested person may make comments to the Commission regarding

the contents and adequacy of the plan.

      4.  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;

             (6) Other generation facilities; and

             (7) Other transmission facilities.

      5.  The Commission may give preference to

the measures and sources of supply set forth in paragraph (c) of subsection 4

that:

      (a) Provide the greatest economic and

environmental benefits to the State;

      (b) Are consistent with the provisions of this

section;

      (c) Provide levels of service that are adequate

and reliable; and

      (d) Provide the greatest opportunity for the

creation of new jobs in this State.

      6.  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.

      7.  The Commission shall:

      (a) Consider the level of financial commitment

from developers of renewable energy projects in each renewable energy zone, as

designated pursuant to subsection 2 of NRS 704.741;

and

      (b) Adopt regulations establishing a process for

considering such commitments including, without limitation, contracts for the

sale of energy, leases of land and mineral rights, cash deposits and letters of

credit.

      8.  The Commission shall, after a hearing,

review and accept or modify an emissions reduction and capacity replacement

plan which includes each element required by NRS

704.7316. In considering whether to accept or modify an emissions reduction

and capacity replacement plan, the Commission shall consider:

      (a) The cost to the customers of the electric

utility to implement the plan;

      (b) Whether the plan provides the greatest

economic benefit to this State;

      (c) Whether the plan provides the greatest

opportunities for the creation of new jobs in this State; and

      (d) Whether the plan represents the best value to

the customers of the electric utility.

      (Added to NRS by 1983, 887; A 1989, 1607; 1991, 524; 2007, 1773; 2009, 993, 1323; 2013, 3084)

      NRS 704.751  Order accepting plan or amendment to plan or specifying

inadequacies; recovery of costs from customers; criteria for accepting

transmission plan.

      1.  After a utility has filed the plan

required pursuant to NRS 704.741, the Commission

shall issue an order accepting the plan as filed or specifying any portions of

the plan it deems to be inadequate:

      (a) Within 135 days for any portion of the plan

relating to the energy supply plan for the utility for the 3 years covered by

the plan; and

      (b) Within 180 days for all portions of the plan

not described in paragraph (a).

      2.  If a utility files an amendment to a

plan, the Commission shall issue an order accepting the amendment as filed or

specifying any portions of the amendment it deems to be inadequate:

      (a) Within 135 days after the filing of the

amendment; or

      (b) Within 180 days after the filing of the

amendment for all portions of the amendment which contain an element of the

emissions reduction and capacity replacement plan.

      3.  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.

      4.  The Commission may accept a

transmission plan submitted pursuant to subsection 4 of NRS

704.741 for a renewable energy zone if the Commission determines that the

construction or expansion of transmission facilities would facilitate the

utility meeting the portfolio standard, as defined in NRS

704.7805.

      5.  The Commission shall adopt regulations

establishing the criteria for determining the adequacy of a transmission plan

submitted pursuant to subsection 4 of NRS 704.741.

      6.  Any order issued by the Commission

accepting an element of an emissions reduction and capacity replacement plan

must include provisions authorizing the electric utility to construct or

acquire and own electric generating plants necessary to meet the capacity amounts

approved in, and carry out the provisions of, the plan. As used in this

subsection, “capacity” means an amount of firm electric generating capacity

used by the electric utility for the purpose of preparing a plan filed with the

Commission pursuant to NRS 704.736 to 704.754, inclusive.

      (Added to NRS by 1983, 887; A 1989, 1014; 2007, 1774; 2009, 994; 2013, 3085)

      NRS 704.754  Reports regarding transmission plan.  On

or before February 15 of each odd-numbered year, the Commission shall review,

approve and submit to the Director of the Legislative Counsel Bureau for

transmittal to the next regular session of the Legislature a written report

compiling all information about any transmission plan proposed by, adopted by

or made known to the Commission since the last report.

      (Added to NRS by 2009, 992)

Disposal of Generation Assets

      NRS 704.7561  Definitions.  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)

      NRS 704.7565  “Affiliate” defined.  “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)

      NRS 704.7568  “Dispose of a generation asset” defined.  “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)

      NRS 704.7571  “Electric utility” defined.

      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)

      NRS 704.7575  “Generation asset” defined.

      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)

      NRS 704.7578  “Interest in a generation asset” defined.

      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)

      NRS 704.7581  “Person” defined.  “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)

      NRS 704.7585  Provisions do not prohibit certain transactions involving

generation assets or other property.  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)

      NRS 704.7588  Conditions and limitations on disposal of generation assets;

approval of Commission required; application; parties; effect of certain

orders.  Except as otherwise

provided in NRS 704.7311 to 704.7322, inclusive, and 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; A 2013, 3086)

      NRS 704.7591  Conditions and limitations on disposal of generation assets

pursuant to certain mergers, acquisitions, transactions and transfers.

      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)

      NRS 704.7595  Effect of violation.  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

      NRS 704.763  Electric utility required to disclose certain information

concerning electric services; format, contents and methods of disclosure;

regulations; exceptions.

      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 the retail customer’s 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)

      NRS 704.764  Electric utility required to disclose certain information

concerning recycling of electronic and other waste; format, contents and

methods of disclosure; regulations.

      1.  The Commission shall adopt regulations

requiring each electric utility to disclose to its retail customers information

about the safe disposal and recycling of electronic waste, electrical systems

and other waste, including, without limitation, compact fluorescent light

bulbs, in accordance with the comprehensive state energy plan established by

the Director of the Office of Energy pursuant to NRS 701.190. The disclosure must:

      (a) Be in a standard, uniform format established

by the Commission by regulation; and

      (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.

      2.  As used in this section, “electric

utility” has the meaning ascribed to it in NRS 704.187.

      (Added to NRS by 2009, 1391;

A 2011,

2076)

Net Metering Systems

      NRS 704.766  Legislative declaration.  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;

      3.  Enhance the continued diversification

of the energy resources used in this State; and

      4.  Streamline the process for customers of

a utility to apply for and install net metering systems.

      (Added to NRS by 1997, 777; A 2007, 3003; 2011, 1941)

      NRS 704.767  Definitions.  As

used in NRS 704.766 to 704.775,

inclusive, unless the context otherwise requires, the words and terms defined

in NRS 704.7675 to 704.772,

inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1997, 777; A 2001, 3253; 2011, 1941)

      NRS 704.7675  “Contiguous” defined.  “Contiguous”

means either abutting directly on the boundary or separated by a street, alley,

public right-of-way, creek, river or the right-of-way of a railroad or other

public service corporation.

      (Added to NRS by 2011, 1940)

      NRS 704.768  “Customer-generator” defined.  “Customer-generator”

means a user of a net metering system.

      (Added to NRS by 1997, 777)

      NRS 704.769  “Net metering” defined.  “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)

      NRS 704.771  “Net metering system” defined.

      1.  “Net metering system” means:

      (a) 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 1 megawatt;

             (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;

      (b) A facility or energy system for the

generation of electricity that:

             (1) Uses waterpower as its primary source

of energy to generate electricity;

             (2) Is located on property owned by the

customer-generator;

             (3) Has a generating capacity of not more

than 1 megawatt;

             (4) Generates electricity that is

delivered to the transmission and distribution facilities of the utility; and

             (5) Is intended primarily to offset all or

part of the customer-generator’s requirements for electricity on that property

or contiguous property owned by the customer-generator; or

      (c) A facility or energy system for the

generation of electricity:

             (1) Which uses wind power as its primary

source of energy to generate electricity;

             (2) Which is located on property owned or

leased by an institution of higher education in this State;

             (3) Which has a generating capacity of not

more than 1 megawatt;

             (4) Which operates in parallel with the

utility’s transmission and distribution facilities;

             (5) Which is intended primarily to offset

all or part of the customer-generator’s requirements for electricity on that

property or on contiguous property owned or leased by the customer-generator;

             (6) Which is used for research and

workforce training; and

             (7) The construction or installation of

which is commenced on or before December 31, 2011, and is completed on or

before December 31, 2012.

      2.  The term does not include a facility or

energy system for the generation of electricity which has a generating capacity

that exceeds the greater of:

      (a) The limit on the demand that the class of

customer of the customer-generator may place on the system of the utility; or

      (b) One hundred percent of the

customer-generator’s annual requirements for electricity.

      (Added to NRS by 1997, 777; A 2001, 3253; 2003, 1874; 2005, 1816; 2007, 3003; 2011, 1941)

      NRS 704.7715  “Renewable energy” defined.  “Renewable

energy” has the meaning ascribed to it in NRS 704.7811.

      (Added to NRS by 2001, 3242)

      NRS 704.772  “Utility” defined.  “Utility”

means a public utility that supplies electricity in this state.

      (Added to NRS by 1997, 777)

      NRS 704.773  Utility required to offer net metering; limitations; rights and

duties regarding energy meters and imposition of certain fees and charges;

regulations.

      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 net metering systems operating in this State is equal to 3

percent of the total peak capacity of all utilities in this State.

      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 25 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) Except as otherwise provided in subsection 5,

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 25 kilowatts, the utility:

      (a) May require the customer-generator to install

at its own cost:

             (1) An energy meter that is capable of

measuring generation output and customer load; and

             (2) Any upgrades to the system of the

utility that are required to make the net metering system compatible with the

system of the utility.

      (b) Except as otherwise provided in paragraph (c)

and subsection 5, may 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.

      (c) Shall not charge the customer-generator any

standby charge.

Ê At the time

of installation or upgrade of any portion of a net metering system, the utility

must allow a customer-generator governed by this subsection to pay the entire

cost of the installation or upgrade of the portion of the net metering system.

      4.  If the net metering system of a

customer-generator is a net metering system described in paragraph (b) or (c)

of subsection 1 of NRS 704.771 and:

      (a) The system is intended primarily to offset

part or all of the customer-generator’s requirements for electricity on

property contiguous to the property on which the net metering system is

located; and

      (b) The customer-generator sells or transfers his

or her interest in the contiguous property,

Ê the net

metering system ceases to be eligible to participate in net metering.

      5.  A utility shall assess against a

customer-generator:

      (a) If applicable, the universal energy charge

imposed pursuant to NRS 702.160; and

      (b) Any charges imposed pursuant to chapter 701B of NRS or NRS

704.7827 or 704.785 which are assessed against

other customers in the same rate class as the customer-generator.

Ê For any such

charges calculated on the basis of a kilowatt-hour rate, the customer-generator

must only be charged with respect to kilowatt-hours of energy delivered by the

utility to the customer-generator.

      6.  The Commission shall adopt regulations

prescribing the form and substance for a net metering tariff and a standard net

metering contract. The regulations must include, without limitation:

      (a) The particular provisions, limitations and

responsibilities of a customer-generator which must be included in a net

metering tariff with regard to:

             (1) Metering equipment;

             (2) Net energy metering and billing; and

             (3) Interconnection,

Ê based on the

allowable size of the net metering system.

      (b) The particular provisions, limitations and

responsibilities of a customer-generator and the utility which must be included

in a standard net metering contract.

      (c) A timeline for processing applications and

contracts for net metering applicants.

      (d) Any other provisions the Commission finds

necessary to carry out the provisions of NRS 704.766

to 704.775, inclusive.

      (Added to NRS by 1997, 778; A 2001, 3253; 2005, 1816; 2007, 3004; 2011, 986, 1942; 2013, 3341)

      NRS 704.774  Standards; utility prohibited from requiring certain

customer-generators to meet additional requirements.

      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 the status as a customer-generator.

      (Added to NRS by 1997, 778)

      NRS 704.775  Billing; calculation of net energy measurement; treatment of

excess electricity; status of net metering system under portfolio standard.

      1.  The billing period for net metering

must be a monthly period.

      2.  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 the 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 value of the excess electricity

must not be used to reduce any other fee or charge imposed by the utility.

      3.  If the cost of purchasing and

installing a net metering system was paid for:

      (a) In whole or in part by a utility, the

electricity generated by the net metering system 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.

      (b) Entirely by a customer-generator, the

Commission shall issue to the customer-generator portfolio energy credits for

use within the system of portfolio energy credits adopted by the Commission

pursuant to NRS 704.7821 and 704.78213 equal to the electricity generated by the

net metering system.

      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; 2007, 3005; 2009, 995)

Portfolio Standard

      NRS 704.7801  Definitions.  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; 2009, 996)

      NRS 704.7802  “Energy efficiency measure” defined.

      1.  “Energy efficiency measure” means any

measure designed, intended or used to improve energy efficiency:

      (a) If:

             (1) The measure is installed or

implemented on or after January 1, 2005, at the service location of or for a

retail customer of a provider of electric service in this State;

             (2) The measure reduces the consumption of

energy by one or more retail customers; and

             (3) The costs of the acquisition,

installation or implementation of the measure are directly reimbursed, in whole

or in part, by the provider of electric service, or by a customer of a provider

of new electric resources pursuant to chapter

704B of NRS; or

      (b) Which is a geothermal energy system for the

provision of heated water to one or more customers and which reduces the

consumption of electricity or any fossil fuel, regardless of when constructed.

      2.  The term does not include any demand

response measure or load limiting measure that shifts the consumption of energy

by a retail customer from one period to another period.

      (Added to NRS by 2005, 22nd

Special Session, 80; A 2007, 413, 2986; 2011, 230)

      NRS 704.7803  “Portfolio energy credit” defined.  “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)

      NRS 704.7804  “Portfolio energy system or efficiency measure” defined.  “Portfolio energy system or efficiency

measure” means:

      1.  Any renewable energy system:

      (a) Placed into operation before July 1, 1997, if

a provider of electric service used electricity generated or acquired from the

renewable energy system to satisfy its portfolio standard before July 1, 2009;

or

      (b) Placed into operation on or after July 1,

1997; or

      2.  Any energy efficiency measure installed

on or before December 31, 2019.

      (Added to NRS by 2005, 22nd

Special Session, 80; A 2013, 2318)

      NRS 704.7805  “Portfolio standard” defined.  “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

and 704.78213.

      (Added to NRS by 2001, 2527; A 2003, 1875; 2005, 22nd

Special Session, 82; 2009, 996)

      NRS 704.7808  “Provider of electric service” and “provider” defined.

      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)

      NRS 704.7809  “Qualified energy recovery process” defined.

      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)

      NRS 704.7811  “Renewable energy” defined.

      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)

      NRS 704.7815  “Renewable energy system” defined.  “Renewable

energy system” means:

      1.  A facility or energy system that uses

renewable energy or energy from a qualified energy recovery process to generate

electricity and:

      (a) Uses the electricity that it generates from

renewable energy or energy from a qualified recovery process in this State; or

      (b) Transmits or distributes the electricity that

it generates from renewable energy or energy from a qualified energy recovery

process to a provider of electric service for delivery into and use in this

State.

      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, 22nd

Special Session, 82; 2009, 996, 1399; 2011, 1943)

      NRS 704.7818  “Retail customer” defined.

      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)

      NRS 704.7819  “Utility provider” defined.  “Utility

provider” means a provider of electric service that is a public utility.

      (Added to NRS by 2005, 22nd

Special Session, 80)

      NRS 704.7821  Establishment of portfolio standard; requirements; treatment of

certain solar energy systems; portfolio energy credits; renewable energy

contracts and energy efficiency contracts; exemptions; regulations.

      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 years 2015 through 2019,

inclusive, 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.

      (g) For calendar years 2020 through 2024,

inclusive, not less than 22 percent of the total amount of electricity sold by

the provider to its retail customers in this State during that calendar year.

      (h) For calendar year 2025 and for each calendar

year thereafter, not less than 25 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:

             (1) For calendar years 2009 through 2015,

inclusive, 5 percent of that amount must be generated or acquired from solar

renewable energy systems.

             (2) For calendar year 2016 and for each

calendar year thereafter, 6 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:

             (1) During calendar years 2013 and 2014,

not more than 25 percent of that amount may be based on energy efficiency

measures;

             (2) During each calendar year 2015 to

2019, inclusive, not more than 20 percent of that amount may be based on energy

efficiency measures;

             (3) During each calendar year 2020 to

2024, inclusive, not more than 10 percent of that amount may be based on energy

efficiency measures; and

             (4) For calendar year 2025 and each

calendar year thereafter, no portion of that amount may be based on energy

efficiency measures.

Ê 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 retail

customers in this State, the provider has paid for or 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.  Except as otherwise provided in NRS 704.78213, the provisions of this section do not

apply to a provider of new electric resources as defined in NRS 704B.130.

      9.  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; 2007, 414; 2009, 996, 1399; 2013, 2318)

      NRS 704.78213  Establishment of portfolio standard for providers of new

electric resources; requirements; treatment of certain solar energy systems.

      1.  If the Commission issues an order

approving an application that is filed pursuant to NRS 704B.310 or a request that is filed pursuant

to NRS 704B.325 regarding a provider

of new electric resources and an eligible customer, the Commission must

establish in the order a portfolio standard applicable to the electricity sold

by the provider of new electric resources to the eligible customer in

accordance with the order. The portfolio standard must require the provider of

new electric resources to generate, acquire or save electricity from portfolio

energy systems or efficiency measures in the amounts described in the portfolio

standard set forth in NRS 704.7821 which is

effective on the date on which the order approving the application or request

is approved.

      2.  Of the total amount of electricity that

a provider of new electric resources 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.

      3.  If, for the benefit of one or more

eligible customers, the eligible customer of a provider of new electric

resources has paid for or 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 of new electric resources generated or acquired from a

renewable energy system for the purposes of complying with its portfolio

standard.

      4.  As used in this section:

      (a) “Eligible customer” has the meaning ascribed

to it in NRS 704B.080.

      (b) “Provider of new electric resources” has the

meaning ascribed to it in NRS 704B.130.

      (Added to NRS by 2009, 992)

      NRS 704.78215  Calculation of portfolio energy credits.

      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.

      3.  Except as otherwise provided in this

subsection, for portfolio energy systems placed into operation on or after

January 1, 2016, the amount of electricity generated or acquired from a

portfolio energy system does not include the amount of any electricity used by

the portfolio energy system for its basic operations that reduce the amount of

renewable energy delivered to the transmission grid for distribution and sale

to customers of the provider. The provisions of this subsection do not apply to

a portfolio energy system placed into operation on or after January 1, 2016, if

a provider entered into a contract for the purchase of electricity generated by

the portfolio energy system on or before December 31, 2012. For the purposes of

this subsection, the amount of any electricity used by a portfolio energy

system for its basic operations:

      (a) Except as otherwise provided in paragraph

(b), includes electricity used for the heating, lighting, air-conditioning and

equipment of a building located on the site of the portfolio energy system, and

for operating any other equipment located on such site.

      (b) Does not include the electricity used by a

portfolio energy system that generates electricity from geothermal energy for

the extraction and transportation of geothermal brine or used to pump or

compress geothermal brine.

      (Added to NRS by 2005, 22nd

Special Session, 80; A 2013, 2320,

3503)

      NRS 704.7822  Calculation of electricity generated or acquired from certain

solar photovoltaic systems.  For

the purpose of complying with a portfolio standard established pursuant to NRS 704.7821 or 704.78213,

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;

      2.  The system was placed into operation on

or before December 31, 2015; and

      3.  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; A 2009, 999; 2013, 2321)

      NRS 704.7823  System that draws or creates electricity from tires deemed not

to be renewable energy system; exception; calculation of electricity generated

or acquired from certain systems that utilize reverse polymerization process.

      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 or 704.78213.

      2.  For the purpose of complying with a

portfolio standard established pursuant to NRS

704.7821 or 704.78213, 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; A 2009, 999)

      NRS 704.7825  Reports.

      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 Chair of the Commission.

      (Added to NRS by 2001, 2529; A 2005, 22nd

Special Session, 85)

      NRS 704.7827  Temporary renewable energy development program.

      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)

      NRS 704.7828  Regulations; authority to carry forward or sell excess

electricity; enforcement; administrative fines.

      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 exceeds the portfolio

standard for any calendar year:

      (a) The Commission shall authorize the provider

to carry forward to subsequent calendar years for the purpose of complying with

the portfolio standard for those subsequent calendar years any excess

kilowatt-hours of electricity that the provider generates, acquires or saves

from portfolio energy systems or efficiency measures;

      (b) By more than 10 percent but less than 25

percent of the amount of portfolio energy credits necessary to comply with its

portfolio standard for the subsequent calendar year, the provider may sell any

portfolio energy credits which are in excess of 10 percent of the amount of

portfolio energy credits necessary to comply with its portfolio standard for

the subsequent calendar year; and

      (c) By 25 percent or more of the amount of portfolio

energy credits necessary to comply with its portfolio standard for the

subsequent calendar year, the provider shall use reasonable efforts to sell any

portfolio energy credits which are in excess of 25 percent of the amount of

portfolio energy credits necessary to comply with its portfolio standard for

the subsequent calendar year.

Ê Any money

received by a provider from the sale of portfolio energy credits pursuant to

paragraphs (b) and (c) must be credited against the provider’s costs for

purchased fuel and purchased power pursuant to NRS

704.187 in the same calendar year in which the money is received, less any

verified administrative costs incurred by the provider to make the sale,

including any costs incurred to qualify the portfolio energy credits for

potential sale regardless of whether such sales are made.

      3.  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 or 704.78213,

the Commission:

      (a) Shall require the provider to carry forward

to subsequent calendar years the amount of the deficiency in kilowatt-hours 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; and

      (b) May impose an administrative fine against the

provider or take other administrative action against the provider, or do both.

      4.  Except as otherwise provided in

subsection 5, 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.

      5.  If a provider sells any portfolio

energy credits pursuant to paragraph (b) or (c) of subsection 2 in any calendar

year in which the Commission determines that the provider did not comply with

its portfolio standard, the Commission shall not make any adjustment to the

provider’s expenses or revenues and shall not impose on the provider any

administrative fine authorized by this section for that calendar year if:

      (a) In the calendar year immediately preceding

the calendar year in which the portfolio energy credits were sold, the amount

of portfolio energy credits held by the provider and attributable to

electricity generated, acquired or saved from portfolio energy systems or

efficiency measures by the provider exceeded the amount of portfolio energy

credits necessary to comply with the provider’s portfolio standard by more than

10 percent;

      (b) The price received for any portfolio energy

credits sold by the provider was not lower than the most recent value of

portfolio energy credits, net of any energy value if the price was for bundled

energy and credits, as determined by reference to the last long-term renewable

purchased power agreements approved by the Commission in the most recent proceeding

that included such agreements; and

      (c) The provider would have complied with the

portfolio standard in the relevant year even after the sale of portfolio energy

credits based on the load forecast of the provider at the time of the sale.

      6.  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.

      7.  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.

      8.  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; 2009, 999; 2013, 2321)

Energy Efficiency and Conservation Programs

      NRS 704.785  Adoption of regulations authorizing electric utility to recover

amount based on effects of implementing energy efficiency and conservation

programs; limitations.

      1.  The Commission shall adopt regulations

authorizing an electric utility to recover an amount based on the measurable

and verifiable effects of the implementation by the electric utility of energy

efficiency and conservation programs approved by the Commission, which:

      (a) Must include:

             (1) The costs reasonably incurred by the

electric utility in implementing and administering the energy efficiency and

conservation programs; and

             (2) Any financial disincentives relating

to other supply alternatives caused or created by the reasonable implementation

of the energy efficiency and conservation programs; and

      (b) May include any financial incentives to

support the promotion of the participation of the customers of the electric

utility in the energy efficiency and conservation programs.

      2.  When considering whether to approve an

energy efficiency or conservation program proposed by an electric utility as

part of a plan filed pursuant to NRS 704.741, the

Commission shall consider the effect of any recovery by the electric utility

pursuant to this section on the rates of the customers of the electric utility.

      3.  The regulations adopted pursuant to

this section must not:

      (a) Affect the electric utility’s incentives and

allowed returns in areas not affected by the implementation of energy

efficiency and conservation programs; or

      (b) Authorize the electric utility to earn more

than the rate of return authorized by the Commission in the most recently

completed rate case of the electric utility.

      4.  As used in this section, “electric

utility” has the meaning ascribed to it in NRS 704.187.

      (Added to NRS by 2009, 1391)

      NRS 704.786  Lower Income Solar Energy Pilot Program: Creation required by

each electric utility in State. [Effective through December 31, 2025.]

      1.  Each electric utility in this State

shall create a Lower Income Solar Energy Pilot Program for the purpose of

installing, before January 1, 2017, distributed generation systems with a

cumulative capacity of at least 1 megawatt at locations throughout its service

territory which benefit low-income customers, including, without limitation,

homeless shelters, low-income housing developments and schools with significant

populations of low-income pupils. Each electric utility shall submit the

Program as part of its annual plan submitted pursuant to NRS 701B.230. The Commission shall

approve the Program with such modifications and upon such terms and conditions

as the Commission deems necessary or appropriate to enable the Program to meet

the purposes set forth in this subsection.

      2.  The Office of Energy shall advise the

Commission and each electric utility regarding grants and other sources of

money available to defray the costs of the Program.

      3.  As used in this section, “distributed

generation system” has the meaning ascribed to it in NRS 701B.055.

      (Added to NRS by 2013, 3341)

Colorado River Commission of Nevada

      NRS 704.787  Authority to sell electricity and provide transmission service

and distribution service to certain customers without being subject to

jurisdiction of Public Utilities Commission of Nevada; tariff for distribution

service; duties of certain electric utility; regulations by Colorado River

Commission of Nevada.

      1.  The Colorado River Commission of Nevada

may, without being subject to the jurisdiction of the Public Utilities

Commission of Nevada, 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.

      (b) The Southern Nevada Water Authority and its

member agencies for their water and wastewater operations.

      (c) Except as otherwise provided in this

paragraph and subsection 2, any customer that receives an allocation of capacity

and associated firm energy from the Western Area Power Administration of the

United States Department of Energy, and any customer that has had an annual

peak load of at least 1 megawatt and receives an allocation of capacity and

associated firm energy of at least 1 megawatt from the Colorado River

Commission of Nevada, on or after October 1, 2017, from the resource pool of

capacity and associated firm energy created pursuant to the Hoover Power

Allocation Act of 2011, 43 U.S.C. §§ 619 et seq. The Colorado River Commission

of Nevada shall not, by the sale of electricity or by the provision of any

transmission service or distribution service pursuant to this paragraph, meet

the demand for electricity of any customer that is located within the service area

of an electric utility that primarily serves densely populated counties in

excess of the allocation made to the customer from the resource pool of

capacity and associated firm energy created pursuant to the Hoover Power

Allocation Act of 2011, 43 U.S.C. §§ 619 et seq.

      2.  A customer that receives an allocation

of capacity and firm energy as described in paragraph (c) of subsection 1

shall, if the customer is located within the service area of an electric

utility that primarily serves densely populated counties, purchase from the

electric utility any necessary transmission and distribution services and any

balance of capacity and energy which is not purchased pursuant to paragraph (c)

of subsection 1 or generated by the customer.

      3.  Except as otherwise provided in this

subsection, a customer shall, for the capacity and firm energy received as

described in paragraph (c) of subsection 1:

      (a) Pay the universal energy charge imposed

pursuant to NRS 702.160, unless the

customer is the State, a political subdivision of the State or any other

governmental entity or customer that is not required to pay the universal

service charge pursuant to NRS 702.160.

      (b) Pay any mandatory fees imposed by the Public

Utilities Commission of Nevada pursuant to chapter

701B, 702 or 704 of

NRS which are assessed against customers in the same rate class.

      (c) If the customer is located within the service

area of an electric utility that primarily serves densely populated counties,

pay to the electric utility a fee or receive a credit from the electric utility

which is approved by the Public Utilities Commission of Nevada pursuant to

paragraph (b) of subsection 7 of NRS

704B.310 for the purpose of offsetting the customer’s load-share portion of

any unrecovered balance in the deferred accounts of the electric utility for

the costs for purchased fuel and purchased power and for which the electric

utility seeks a rate adjustment pursuant to subsections 10 and 11 of NRS 704.110.

Ê The

provisions of this subsection do not apply to a customer who receives an

allocation described in paragraph (c) of subsection 1 in accordance with the

State Plan for Economic Development developed pursuant to NRS 231.053.

      4.  The Public Utilities Commission of

Nevada shall establish a just and reasonable tariff for:

      (a) The electric distribution service authorized

by paragraphs (a) and (b) of subsection 1 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 a customer of the Colorado River Commission of Nevada

pursuant to paragraph (a) or (b) of subsection 1.

      (b) The electricity and electric distribution

service authorized by paragraph (c) of subsection 1 and subsection 2 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 a customer of the Colorado River

Commission of Nevada pursuant to paragraph (c) of subsection 1.

      5.  An electric utility that primarily

serves densely populated counties shall provide electric distribution service

pursuant to the tariff required by subsection 4.

      6.  The Colorado River Commission of Nevada

may adopt regulations to carry out the provisions of this section.

      7.  As used in this section:

      (a) “Costs for purchased fuel and purchased

power” has the meaning ascribed to it in paragraph (b) of subsection 5 of NRS 704.187.

      (b) “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 700,000 or

more than it does from customers located in counties whose population is less

than 700,000.

      (c) “Southern Nevada Water Authority” has the

meaning ascribed to it in NRS 538.041.

      (Added to NRS by 2001, 1266; A 2009, 873; 2011, 1311;

2013, 452)

Capacity Allocation for New Commercial and Industrial

Businesses

      NRS 704.7871  Definitions. [Effective through the date on which the last

contract entered into pursuant to the Program terminates, whether termination

is by expiration of the terms or otherwise.]  As

used in NRS 704.7871 to 704.7882,

inclusive, unless the context otherwise requires, the words and terms defined

in NRS 704.7872, 704.7873

and 704.7874 have the meanings ascribed to them in

those sections.

      (Added to NRS by 2013, 3207;

A 2014, 28th Special Session, 10)

      NRS 704.7872  “Electric utility” defined. [Effective through the date on which

the last contract entered into pursuant to the Program terminates, whether

termination is by expiration of the terms or otherwise.]  “Electric utility” has the meaning ascribed to

it in NRS 704.187.

      (Added to NRS by 2013, 3207;

A 2014, 28th Special Session, 10)

      NRS 704.7873  “Participant” defined. [Effective through the date on which the

last contract entered into pursuant to the Program terminates, whether

termination is by expiration of the terms or otherwise.]  “Participant” means an applicant who has

received initial approval and a letter of eligibility from the Office of Economic

Development pursuant to NRS 704.7876 and who

enters into a contract approved by the Commission pursuant to NRS 704.7877.

      (Added to NRS by 2013, 3207;

A 2014, 28th Special Session, 10)

      NRS 704.7874  “Program” defined. [Effective through the date on which the last

contract entered into pursuant to the Program terminates, whether termination

is by expiration of the terms or otherwise.]  “Program”

means the Economic Development Electric Rate Rider Program established by NRS 704.7875 to carry out the provisions of NRS 704.7871 to 704.7882,

inclusive.

      (Added to NRS by 2013, 3207;

A 2014, 28th Special Session, 10)

      NRS 704.7875  Economic Development Electric Rate Rider Program: Establishment;

administration by Commission. [Effective through the date on which the last

contract entered into pursuant to the Program terminates, whether termination

is by expiration of the terms or otherwise.]

      1.  The Economic Development Electric Rate

Rider Program is hereby established for the purpose of attracting new

commercial and industrial businesses to this State. The Commission, in

consultation with the Office of Economic Development, shall administer the

Program.

      2.  Each electric utility in this State

shall set aside an amount of capacity determined by the Commission for

allocation to new customers pursuant to the Program, but the total amount of

capacity that the Commission may require to be set aside by all electric utilities

in this State pursuant to this subsection must not exceed 50 megawatts.

      (Added to NRS by 2013, 3207;

A 2014, 28th Special Session, 10)

      NRS 704.7876  Participation in Program: Application; eligibility requirements;

determination and initial approval. [Effective through the date on which the

last contract entered into pursuant to the Program terminates, whether termination

is by expiration of the terms or otherwise.]

      1.  A person who, in anticipation of the

incentive provided pursuant to the Program, locates or intends to locate a new

commercial or industrial business in this State may apply to the Office of

Economic Development to participate in the Program.

      2.  An application to participate in the

Program must be submitted on a form approved by the Office of Economic

Development and must include:

      (a) The name, business address and telephone

number of the applicant;

      (b) The location or proposed location of the

applicant’s facility and a detailed description of the facility;

      (c) Proof satisfactory to the Office of Economic

Development that the applicant satisfies the criteria for eligibility set forth

in subsection 3;

      (d) An attestation, on a form approved by the

Office of Economic Development, that but for the incentive provided pursuant to

the Program, the applicant would not have located or intended to locate the

business in this State; and

      (e) Any other information required by the Office

of Economic Development.

      3.  To be eligible for participation in the

Program, an applicant must demonstrate that:

      (a) The applicant is or intends to be a new

commercial or industrial customer of an electric utility in this State;

      (b) The applicant is not, and has not been during

the immediately preceding 12 months, a customer of any other electric utility

in this State;

      (c) The new load to be served by the electric

utility is more than 300 kilowatts;

      (d) The electric utility has determined that the

applicant’s use of the load is not for a project, purpose or facility which

carries an abnormal risk or is seasonal, intermittent or temporary; and

      (e) The applicant has applied for each economic

incentive, including, without limitation, any abatement or partial abatement of

taxes, offered by the State or any local government for which the applicant is

eligible.

      4.  Upon the receipt of a completed

application, the Office of Economic Development shall consider the application

and make a determination of whether the applicant satisfies the criteria for

eligibility. If the Office of Economic Development determines that the

applicant satisfies the criteria for eligibility, the Office of Economic

Development may give initial approval to the applicant if the approval, as

determined by the Office of Economic Development, is in the best interests of

the State.

      5.  If the Office of Economic Development

gives initial approval to an applicant, the Office of Economic Development

shall:

      (a) Provide notice of the initial approval to the

applicant;

      (b) Issue to the applicant a letter of

eligibility; and

      (c) Forward a copy of the applicant’s application

and letter of eligibility to the Commission.

      (Added to NRS by 2013, 3208;

A 2014, 28th Special Session, 7, 10)

      NRS 704.7877  Participation in Program: Additional requirements; contract

terms and content. [Effective through the date on which the last contract

entered into pursuant to the Program terminates, whether termination is by

expiration of the terms or otherwise.]

      1.  Upon receipt of an application and

letter of eligibility pursuant to paragraph (c) of subsection 5 of NRS 704.7876, the Commission shall:

      (a) Review the application;

      (b) Establish the rates which may be charged to

the applicant by the electric utility that will serve the load of the

applicant; and

      (c) In addition to the terms required by

subsection 3, establish any additional terms which must be included in the

contract between the applicant and the electric utility.

      2.  Before any applicant enters into a

contract with an electric utility pursuant to the Program, the applicant shall:

      (a) Provide to the electric utility that will

serve the load of the applicant access to the applicant’s facility or plans for

the facility for the purpose of the electric utility making recommendations

concerning the energy efficiency of the facility; and

      (b) Provide proof satisfactory to the Commission

that the new load under the contract will have an annual load factor of 50

percent or more for each year of the term of the contract.

      3.  An applicant may participate in the

Program pursuant to a contract which is entered into by the applicant and the

electric utility that will serve the load of the applicant and which is

approved by the Commission. A contract entered into pursuant to this section

must include provisions setting forth:

      (a) The term of the contract, which must be 10

years;

      (b) The term of the discounts applicable under

the Program, which must be 8 years;

      (c) The rates to be paid for electricity by the

participant;

      (d) That the discount approved by the Commission

does not apply to up-front costs, the base tariff general rate, any otherwise

applicable tariff or any taxes, surcharges, amortization or program rate

elements;

      (e) The deposit requirements, which must be based

on the rates applicable under the second year of the contract;

      (f) That the participant ceases to be eligible

for any discounted rates for electricity if the participant fails to satisfy

any requirements set forth in the contract or NRS

704.7871 to 704.7882, inclusive, or any

regulations adopted pursuant thereto; and

      (g) Any additional requirements prescribed by the

Commission.

      4.  An electric utility shall prepare a

contract to be entered into by the electric utility and a participant and

submit the contract to the Commission for approval. Upon approval of the

contract by the Commission, the electric utility and the applicant may enter

into the contract and the applicant may participate in the Program. The

Commission shall forward a copy of the approved contract to the Office of

Economic Development.

      (Added to NRS by 2013, 3209;

A 2014, 28th Special Session, 8, 10)

      NRS 704.7878  Electric utility required to recover certain amounts through

deferred energy accounting adjustment application. [Effective through the date

on which the last contract entered into pursuant to the Program terminates,

whether termination is by expiration of the terms or otherwise.]  Notwithstanding any other provision of this

chapter, an electric utility that enters into a contract with a participant

pursuant to NRS 704.7877 shall, in the manner

provided pursuant to the regulations adopted by the Commission pursuant to

paragraph (c) of subsection 1 of NRS 704.7881,

recover through a deferred energy accounting adjustment application an amount

equal to the discount provided to the participant pursuant to the contract.

      (Added to NRS by 2013, 3209;

A 2014, 28th Special Session, 10)

      NRS 704.7879  Failure by participant to comply with contract or Program.

[Effective through the date on which the last contract entered into pursuant to

the Program terminates, whether termination is by expiration of the terms or

otherwise.]  If the Commission

determines that a participant in the Program has failed to fulfill any requirement

of the contract or carry out any duty imposed pursuant to the Program, the

Commission shall issue an order requiring the participant to pay to the

electric utility an amount equal to the rate which would have been charged but

for the participant’s participation in the Program.

      (Added to NRS by 2013, 3209;

A 2014, 28th Special Session, 10)

      NRS 704.788  Limitations on acceptance or approval of application for

participation in Program. [Effective through the date on which the last

contract entered into pursuant to the Program terminates, whether termination

is by expiration of the terms or otherwise.]  The

Office of Economic Development shall not accept an application or give initial

approval to any applicant for participation in the Program, and the Commission

shall not approve an applicant for participation in the Program, after the

earlier of December 31, 2017, or the date on which the capacity set aside for

allocation pursuant to the Program is fully allocated.

      (Added to NRS by 2013, 3210;

A 2014, 28th Special Session, 10)

      NRS 704.7881  Regulations. [Effective through the date on which the last

contract entered into pursuant to the Program terminates, whether termination

is by expiration of the terms or otherwise.]  The

Commission, in consultation with the Office of Economic Development:

      1.  Shall adopt regulations:

      (a) Establishing the discounted electric rates

that may be charged by an electric utility pursuant to the Program, which must

be established as a percentage of the base tariff energy rate and for which:

             (1) In the first and second year of a

contract entered into pursuant to NRS 704.7877,

the reduction in the rates as a result of the discount must not exceed 30

percent of the base tariff energy rate;

             (2) In the third, fourth, fifth and sixth

year of a contract entered into pursuant to NRS

704.7877, the reduction in the rates as a result of the discount must not

exceed 20 percent of the base tariff energy rate; and

             (3) In the seventh and eighth year of a

contract entered into pursuant to NRS 704.7877,

the reduction in the rates as a result of the discount must not exceed 10

percent of the base tariff energy rate;

      (b) Prescribing the form and content of the

contract entered into pursuant to NRS 704.7877;

      (c) Prescribing the procedure by which an

electric utility is authorized to recover through a deferred energy accounting

adjustment application the amount of the discount provided to a participant in

the Program; and

      (d) Prescribing any additional information which

must be submitted by an applicant for participation in the Program.

      2.  May adopt any other regulations it

determines are necessary to carry out the provisions of NRS

704.7871 to 704.7882, inclusive.

      (Added to NRS by 2013, 3210;

A 2014, 28th Special Session, 9, 10)

      NRS 704.7882  Preparation of written report by Commission; submission of

report to Legislature. [Effective through the date on which the last contract

entered into pursuant to the Program terminates, whether termination is by

expiration of the terms or otherwise.]  The

Commission shall, on or before December 31, 2014, prepare a written report

concerning the Program and submit the report to the Director of the Legislative

Counsel Bureau for transmittal to the 78th Session of the Legislature. The

report must include, without limitation, information concerning:

      1.  The number of participants in the

Program;

      2.  The amount of electricity allocated

pursuant to the Program;

      3.  The total amount of the discounts

provided pursuant to the Program; and

      4.  The remaining amount of electricity

available for allocation pursuant to the Program.

      (Added to NRS by 2013, 3210;

A 2014, 28th Special Session, 10)

UNLAWFUL ACTS AGAINST PUBLIC UTILITIES

      NRS 704.800  Unlawful acts involving theft or damage to property: Criminal

penalties.

      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)

      NRS 704.805  Unlawful acts involving theft or damage to property: Civil

remedies.

      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 the person:

      (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  Short title.  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)

      NRS 704.825  Declaration of legislative findings and purpose.

      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)

      NRS 704.830  Definitions.  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)

      NRS 704.834  “Appropriate federal agency” defined.  “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)

      NRS 704.840  “Commence to construct” defined.  “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)

      NRS 704.842  “Environmental review” defined.  “Environmental

review” includes, without limitation, an environmental assessment and

environmental impact statement.

      (Added to NRS by 2001, 2984)

      NRS 704.845  “Local government” defined.  “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)

      NRS 704.848  “Other permitting entity” defined.

      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; A 2013, 3211)

      NRS 704.850  “Person” defined.  “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)

      NRS 704.855  “Public utility” and “utility” defined.

      1.  “Public utility” or “utility” includes

those public utilities defined in NRS 704.020 and

not excluded by NRS 704.021 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)

      NRS 704.860  “Utility facility” defined.  “Utility

facility” means:

      1.  Electric generating plants and their

associated facilities, except 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 nameplate capacity of not

more than 70 megawatts, including, without limitation, a net metering system,

as defined in NRS 704.771. 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

any incorporated city.

      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; 2007, 1774, 3007; 2009, 2752)

      NRS 704.863  Applicability.

      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)

      NRS 704.865  Permit required to construct utility facility; transfer of

permit; exemptions; waiver of exemption.

      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;

      (c) Over which an agency of the Federal

Government has exclusive jurisdiction; or

      (d) Owned by a supplier of services described in NRS 704.673 or 704.675

that:

             (1) Is not jointly owned by or with an

entity that is not such a supplier of services; and

             (2) Is subject to the provisions of the

National Environmental Policy Act of 1969, 42 U.S.C. §§ 4321 et seq.

      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; 2007, 832)

      NRS 704.870  Requirements for filing application: Form and contents;

procedure when federal agency is required to conduct environmental analysis;

time for filing application; service; public notice.

      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 a notice, in such a form as the Commission or other

permitting entity prescribes; and

      (b) Not later than 30 days after the issuance by

the appropriate federal agency of either the final environmental assessment or

final environmental impact statement, but not the record of decision or similar

document, relating to the construction of the utility facility:

             (1) File with the Commission an

application that complies with the provisions of subsection 1; and

             (2) File with each other permitting entity

an application for a permit, license or other approval for the construction of

the utility facility.

      3.  A copy of each 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 filed with the

Commission must be accompanied by:

      (a) Proof of service of a copy of the 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 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 pursuant to this section, the Commission

shall issue a notice concerning the 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; 2013, 3211)

      NRS 704.871  Approval of application for utility facility not intended to

serve customers in State.  If the

Commission approves an application submitted by a public utility pursuant to NRS 704.820 to 704.900,

inclusive, for a utility facility which is not intended to serve customers in

this State and the cost of which will not be included in the rates of that

public utility, the public utility is not required to include the utility

facility in any plan filed pursuant to NRS 704.741.

      (Added to NRS by 2013, 3210)

      NRS 704.873  Commission has exclusive jurisdiction to determine need for

utility facilities of certain public utilities; other permitting entities

precluded from considering need.  If

a public utility that is subject to the provisions of NRS

704.736 to 704.754, 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; A 2009, 1000)

      NRS 704.875  Review of application by Division of Environmental Protection of

State Department of Conservation and Natural Resources.  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)

      NRS 704.877  Duty to accept and incorporate findings and conclusions of

environmental review that already has been conducted; duplicative review

prohibited; exception; duty to cooperate and coordinate to avoid duplication of

activities.

      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)

      NRS 704.880  Power of Commission to dispense with hearing for certain

applications; practice and procedure at hearings.  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)

      NRS 704.885  Parties to proceeding for permit; limited appearance;

intervention.

      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)

      NRS 704.890  Grant or denial of application: Required findings; conditions

and modifications.

      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) If the utility facility emits greenhouse

gases and does not use renewable energy as its primary source of energy to

generate electricity, 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.

      4.  As used in this section, “renewable

energy” has the meaning ascribed to it in NRS 704.7811.

      (Added to NRS by 1971, 557; A 1983, 887; 1985, 2301; 1997, 1916; 2001, 2988; 2009, 2753)

      NRS 704.8905  Grant or denial of application: Time within which Commission and

other permitting entities must act; determination upon record; terms,

conditions and modifications; service of Commission order.

      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 application regarding a utility facility pursuant to subsection 2 of NRS 704.870:

             (1) The Commission shall grant or deny

approval of the 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 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; A 2013, 3212)

      NRS 704.891  Reports to be filed with Commission by person holding permit who

is not public utility.  

      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)

      NRS 704.893  Limitations on purchase of capacity of utility facility by

certain public utilities.  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 704.754, inclusive.

      (Added to NRS by 1985, 2297)

      NRS 704.895  Rehearing; judicial review.

      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)

      NRS 704.897  Effect of provisions on jurisdiction of Commission over public

utilities serving retail customers in State.  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)

      NRS 704.900  Cooperation with other states and Federal Government.  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

      NRS 704.905  Definitions.  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)

      NRS 704.910  Applicability of provisions to mobile home parks; utility or

alternative seller prohibited from selling to landlord at higher rate.

      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)

      NRS 704.920  Applicability of provisions to company towns; examination of

lines and equipment; costs; consequences of refusal to allow examination;

repair of unsafe lines or equipment.

      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 the landlord’s or owner’s account for service charges for

utilities, which the landlord or owner is required to keep under NRS 704.940.

      (Added to NRS by 1983, 2032; A 1989, 1867; 1991, 1984; 1993, 1925; 2001, 1767)

      NRS 704.930  Manner of provision and interruption of service by landlord of

mobile home park or owner of company town; notice of proposed increase in

rates.  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 the tenants or

the occupants of such dwellings for that service, the landlord or owner shall:

      1.  Provide that service to the tenants or

the occupants of such 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 the landlord

or owner of the town receives notice of a proposed increase in the rates of the

utility service, give notice to the tenants or those occupants of the proposed

increase.

      (Added to NRS by 1983, 2033; A 1989, 1868; 1991, 388, 1985; 2001, 1768)

      NRS 704.940  Rates; service charges; proration and limitations on certain

charges for water; itemization of charges; retention of copy of billings;

transfer of balance by landlord upon termination of interest in mobile home

park.

      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 the landlord’s or owner’s

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 the

landlord or owner for the actual cost of the service charge the landlord or

owner is required to pay to a water utility serving the park or town. If the

landlord or owner collects such a charge, the landlord or owner shall prorate

the actual cost of the service charge to the tenants or occupants of dwellings

who use the service. The landlord or owner shall not collect more than the

aggregate cost of the service to the landlord or owner.

      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 the owner’s 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 the

tenants or the occupants of the landlord’s or owner’s 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 the landlord’s 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 the

landlord or owner 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)

      NRS 704.950  Complaints: Investigation by Division of Consumer Complaint

Resolution; action by Commission; enforcement of order.

      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 the landlord or owner 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)

      NRS 704.960  Annual report to be filed by landlord of mobile home park or

owner of company town.  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

      NRS 704.964  Lease of tank for storage of liquefied petroleum gas: Removal of

tank upon request; requirements for refund; penalty.

      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)

NATURAL GAS SERVICE

Discretionary Service

      NRS 704.9901  Collection of taxes, fees and assessments from customers: Duties

of providers; billing requirements; disciplinary action for failure to comply.

      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 and Energy Conservation

      NRS 704.991  Informational report to Commission required regarding

anticipated demand, estimated cost, sources of gas and significant operational

or capital requirements.  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)

      NRS 704.992  Establishment of methods and programs to encourage natural gas

utilities to support energy conservation.

      1.  The Commission shall adopt regulations

to establish methods and programs for a public utility which purchases natural

gas for resale that remove financial disincentives which discourage the public

utility from supporting energy conservation, including, without limitation:

      (a) Procedures for a public utility which

purchases natural gas for resale to have a mechanism established during a

general rate application filed pursuant to NRS 704.110

to ensure that the costs of the public utility for providing service are

recovered without regard to the difference in the quantity of natural gas

actually sold by the public utility by taking into account the adjusted and

annualized quantity of natural gas sold during a test year and the growth in

the number of customers of the public utility;

      (b) Procedures for a public utility which

purchases natural gas for resale to apply to the Commission for approval of an

activity relating to increasing energy efficiency or energy conservation; and

      (c) Procedures for a public utility which

purchases natural gas for resale to apply to the Commission for the recovery of

costs associated with an activity approved by the Commission pursuant to

paragraph (b).

      2.  The regulations adopted pursuant to

subsection 1 must ensure that the methods and programs consider the recovery of

costs, stabilization of revenue and any reduction of risk for the public

utility which purchases natural gas for resale.

      (Added to NRS by 2007, 2977)

Competitive Service

      NRS 704.993  Definitions.  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)

      NRS 704.994  “Alternative seller” defined.  “Alternative

seller” means a seller of any competitive, discretionary or potentially

competitive component of natural gas service.

      (Added to NRS by 1997, 1902)

      NRS 704.995  “Person” defined.  “Person”

includes a natural person, corporation, partnership, public utility,

government, governmental agency and political subdivision of a government.

      (Added to NRS by 1997, 1902)

      NRS 704.996  “Potentially competitive service” defined.  “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)

      NRS 704.997  Alternative plan of regulation for utility that supplies natural

gas: Requirements; regulations; applicability of statutory provisions; use of

name or logo by affiliate; sale of service relating to supply of natural gas by

unlicensed alternative seller unlawful.

      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 the customer’s 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)

      NRS 704.998  Licensing of alternative sellers: Requirements; regulations;

denial, limitation, suspension or revocation.

      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)

      NRS 704.9985  Collection of taxes, fees and assessments from customers: Duties

of public utilities and alternative sellers; billing requirements; disciplinary

action for failure to comply.

      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)

      NRS 704.999  Restoration of service: Conditions; tariffs.

      1.  A customer of natural gas within the

service territory of a public utility that supplies natural gas who obtains his

or her 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 or her 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 re-establishing the gas

service;

      (b) Methods of accounting to be used for

identifying and billing actual costs incurred by the public utility for:

             (1) Re-establishing 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)