2005 Nevada Revised Statutes - Chapter 703 — Public Utilities Commission of Nevada

CHAPTER 703 - PUBLIC UTILITIES COMMISSIONOF NEVADA

GENERAL PROVISIONS

NRS 703.010 Definitions.

NRS 703.020 Creation.

NRS 703.023 Seal.

ORGANIZATION AND FINANCIAL ADMINISTRATION

NRS 703.025 Reorganizationof Commission; duties of Commission relating to reorganization; Commissionauthorized to adopt regulations for operation and enforcement of laws; plan forreorganization.

NRS 703.030 Commissioners:Appointment; terms; qualifications.

NRS 703.040 Commissioners:Additional qualifications; restrictions on other employment.

NRS 703.050 Commissioners:Oaths.

NRS 703.060 Commissioners:Removal.

NRS 703.070 Chairman:Designation by Governor; serves as Executive Officer of Commission.

NRS 703.080 Commissioners:Unclassified service of State; Acting Commissioners not entitled to participatein certain programs or receive certain benefits.

NRS 703.085 Commissioners:Power of majority to act; number required to enter final order; appointment,powers and duties, terms of service and reappointment of Acting Commissioners.

NRS 703.100 Suitsby and against Commission.

NRS 703.110 Hearingsand meetings open to public.

NRS 703.120 Principaland secondary offices; filing of documents at secondary office.

NRS 703.130 Appointmentof Deputy Commissioner, Secretary and Assistant Secretary; other employees;hearing officers.

NRS 703.140 Expensesof Commissioners and employees: Sworn statement and approval required.

NRS 703.145 Expensesof investigations, inspections, audits and appearances made outside State.

NRS 703.147 PublicUtilities Commission Regulatory Fund.

NRS 703.148 Expenditureof money from reserve account to provide education and informational servicesto public; use of independent contractor to provide such services.

POWERS AND DUTIES

NRS 703.150 Generalduties.

NRS 703.151 Dutiesof Commission in adopting regulations relating to provision of electricservice.

NRS 703.152 Legislativefindings on cost of energy in Nevada; Commission authorized to represent Statein matters affecting development, transmission, use or cost of energy in Nevada.

NRS 703.153 Commissionmay agree to conduct inspections to ensure compliance with federal statutes andregulations governing safety of storage facilities and interstate pipelines.

NRS 703.154 Regulationsto ensure safe operation and maintenance of storage facilities and intrastatepipelines; Commission has final authority to regulate such facilities andpipelines; civil penalty.

NRS 703.1545 Commissionauthorized to participate in federal program of safety relating to railroads.

NRS 703.160 Placeof session or hearing.

NRS 703.164 Employmentof legal counsel; duties of Attorney General and district attorneys.

NRS 703.168 Cooperationwith federal and state agencies.

NRS 703.172 Divisionof Consumer Complaint Resolution: Establishment; duties.

NRS 703.175 Requestfrom State Contractors Board to disconnect telephone number: Commission toissue order to appropriate provider of service; good faith compliance withorder constitutes complete defense to action arising from termination of service.

REPORTS, RECORDS AND PUBLICATIONS

NRS 703.180 Biennialreport of Commission.

NRS 703.190 Recordsof Commission open to public inspection; exception.

NRS 703.191 Dutyof public utilities and certain entities to furnish information and annualreports.

NRS 703.193 Annualreports, records and statements to be submitted under oath.

NRS 703.195 Examinationof records and other property of public utilities and certain entities;exception.

NRS 703.196 Disclosureand confidentiality of records and other property of public utilities andcertain entities.

NRS 703.197 Feesfor filing documents.

NRS 703.200 Printing.[Repealed.]

NRS 703.205 Publicationof pamphlets.

ADMINISTRATIVE PROCEEDINGS

NRS 703.301 Rightsof Regulatory Operations Staff to appear and participate in contested case andto be represented by legal counsel; restrictions on certain communicationsbetween Commissioner and Regulatory Operations Staff.

NRS 703.310 Complaintagainst public utility or alternative seller: Investigation by Division ofConsumer Complaint Resolution; notice and hearing.

NRS 703.320 Noticeand hearing: Duty of Commission to provide notice of certain pending matters;regulations regarding notice; hearing required in certain pending matters;power of Commission to dispense with hearing in certain pending matters.

NRS 703.330 Recordof hearings: Recording and transcription of testimony; costs; filing ofcertified copy with court clerk for judicial review; copies available toparties; confidentiality.

NRS 703.340 Witnesses:Order of Commission for appearance; fees and mileage.

NRS 703.350 Orderfor production of books, accounts, papers or records.

NRS 703.360 Issuanceof subpoena by clerk of district court for service to witness failing to appearon Commissions order; contempt.

NRS 703.370 Enforcementof subpoenas issued by Commission.

NRS 703.373 Judicialreview: Petition; answer; scope of review; grounds for setting aside decisionof Commission.

NRS 703.374 Judicialreview: Requirements for injunction; burden of proof; filing bond to place intoeffect proposed changes in schedule of rates.

NRS 703.375 Judicialreview: Refund of excess payment; report of refund; claims for refunds.

NRS 703.376 Judicialreview: Appeal to Supreme Court.

NRS 703.377 Revocationof certificate, permit or license: Hearing; conditions; judicial review.

PENALTIES

NRS 703.380 Civilpenalty.

_________

GENERAL PROVISIONS

NRS 703.010 Definitions. As used in this chapter, unless the context otherwiserequires:

1. Affected governmental entity means a governmentalentity for which a tax, fee or assessment is collected pursuant to NRS 704.9901, 704.9985 or 704B.360.

2. Alternative seller means a person who sells anycompetitive, discretionary or potentially competitive component of natural gasservice pursuant to NRS 704.993 to 704.999, inclusive.

3. Commission means the Public Utilities Commissionof Nevada.

4. Provider of new electric resources has themeaning ascribed to it in NRS 704B.130.

[Part 6:109:1919; 1919 RL p. 3155; NCL 6105](NRS A1995, 2606; 1997, 1881, 2020, 2664; 1999, 492; 2001, 341; 2003, 3025)

NRS 703.020 Creation. The Public Utilities Commission of Nevada is herebycreated.

[Part 1:109:1919; 1919 RL p. 3154; NCL 6100](NRS A1997, 1881)

NRS 703.023 Seal. The Commission shall have a seal upon which must be thewords Public Utilities Commission of Nevada, by which the Commission shallauthenticate its proceedings and orders. All papers made under the seal must beadmitted in evidence without further authenticity or proof.

[Part 6:109:1919; 1919 RL p. 3155; NCL 6105](NRS A1997, 1882)(Substituted in revision for NRS 703.090)

ORGANIZATION AND FINANCIAL ADMINISTRATION

NRS 703.025 Reorganizationof Commission; duties of Commission relating to reorganization; Commissionauthorized to adopt regulations for operation and enforcement of laws; plan forreorganization.

1. The Commission, by majority vote, shall organizethe Commission into sections, alter the organization of the Commission andreassign responsibilities and duties of the sections of the Commission as theCommission deems necessary to provide:

(a) Advice and guidance to the Commission on economicpolicies relating to utilities under the jurisdiction of the Commission, andthe regulation of such utilities;

(b) Administrative, technical, legal and supportservices to the Commission; and

(c) For the regulation of utilities governed by theCommission and the services offered by such utilities, including, but notlimited to, licensing of such utilities and services and the resolution ofconsumer complaints.

2. The Commission shall:

(a) Formulate the policies of the various sections ofthe Commission;

(b) Coordinate the activities of the various sectionsof the Commission;

(c) If customers are authorized by a specific statuteto obtain a competitive, discretionary or potentially competitive utilityservice, take any actions which are consistent with the statute and which arenecessary to encourage and enhance:

(1) A competitive market for the provision ofthat utility service to customers in this State; and

(2) The reliability and safety of the provisionof that utility service within that competitive market; and

(d) Adopt such regulations consistent with law as theCommission deems necessary for the operation of the Commission and theenforcement of all laws administered by the Commission.

3. Before reorganizing the Commission, the Commissionshall submit the plan for reorganization to:

(a) The Director of the Legislative Counsel Bureau fortransmittal to the appropriate legislative committee and the Interim FinanceCommittee; and

(b) The Director of the Department of Administration.

(Added to NRS by 1997, 1880; A 2001, 341)

NRS 703.030 Commissioners:Appointment; terms; qualifications.

1. The Commission consists of three Commissionersappointed by the Governor for terms of 4 years.

2. The Governor shall appoint as members of theCommission persons who have at least 2 years of experience in one or more ofthe following fields:

(a) Accounting.

(b) Business administration.

(c) Finance or economics.

(d) Administrative law.

(e) Professional engineering.

3. Not more than two of the Commissioners may be:

(a) Members of the same political party.

(b) From the same field of experience.

[Part 2:109:1919; A 1947, 29; 1953, 252](NRS A 1957,331; 1983, 1308; 1997, 1881)

NRS 703.040 Commissioners:Additional qualifications; restrictions on other employment.

1. All of the Commissioners shall be persons who areindependent of the industries regulated by the Commission and who possessdemonstrated competence.

2. No Commissioner may be pecuniarily interested inany public utility in this state or elsewhere.

3. Except as otherwise provided in NRS 284.143, the Commissioners shall givetheir entire time to the business of the Commission and shall not pursue anyother business or vocation or hold any other office of profit.

4. No Commissioner may be a member of any politicalconvention or a member of any committee of any political party.

[Part 2:109:1919; A 1947, 29; 1953, 252] + [Part3:109:1919; A 1953, 252] + [Part 4:109:1919; A 1953, 252](NRS A 1957, 332;1977, 758; 1997, 621)

NRS 703.050 Commissioners:Oaths.

1. Before entering upon the duties of his office, eachCommissioner shall subscribe to the constitutional oath of office, and shall inaddition swear that he is not pecuniarily interested in any public utility inthis State as defined in chapter 704 of NRS.

2. The oath of office shall be filed in the Office ofthe Secretary of State.

[Part 4:109:1919; A 1953, 252](NRS A 1975, 934;1977, 1115)

NRS 703.060 Commissioners:Removal. The Governor shall have the power toremove any Commissioner for inefficiency, neglect of duty or malfeasance inoffice. Such removal shall be upon public hearing after 10 days notice and theservice of a copy of the charges upon the Commissioner. The record of any suchproceedings shall be filed with the Secretary of State if a Commissioner isremoved.

[Part 3:109:1919; A 1953, 252]

NRS 703.070 Chairman:Designation by Governor; serves as Executive Officer of Commission. The Governor shall designate one of the Commissioners tobe Chairman, whose term as Chairman shall be at the pleasure of the Governor.The Chairman shall serve as the Executive Officer of the Commission.

[Part 2:109:1919; A 1947, 29; 1953, 252](NRS A 1957,332; 1997, 1881)

NRS 703.080 Commissioners:Unclassified service of State; Acting Commissioners not entitled to participatein certain programs or receive certain benefits.

1. The Chairman and the other Commissioners, includingany Acting Commissioners, are in the unclassified service of the State.

2. Notwithstanding any other specific statute to thecontrary and regardless of the length of service, a person who is appointed toserve as an Acting Commissioner pursuant to NRS703.085 is not entitled because of that appointment to participate in anyprograms or receive any benefits that are offered or provided to state officersor employees in the unclassified service of the State pursuant to chapter 284, 286or 287 of NRS.

[Part 5:109:1919; A 1931, 225; 1941, 40; 1949, 449;1951, 200; 1953, 252] + [20:295:1953; A 1955, 525](NRS A 1957, 332; 1959, 788;1960, 396; 1961, 657; 1963, 1333; 1965, 706; 1967, 1504; 1971, 1443; 1981,1285; 2003, 3024)

NRS 703.085 Commissioners:Power of majority to act; number required to enter final order; appointment,powers and duties, terms of service and reappointment of Acting Commissioners.

1. A majority of the Commissioners has full power toact in all matters within the jurisdiction of the Commission.

2. Before the Commission may enter a final order on amatter, there must be at least two Commissioners who are able to act on thematter. If there are fewer than two Commissioners who are able to act on the matterbecause of disqualifications, illnesses, incapacities, vacancies that have notyet been filled, or any other reason, the Governor shall appoint the requisitenumber of persons to serve as Acting Commissioners in the place of theCommissioners who are unable to act on the matter so that there are at leasttwo persons who are able to act on the matter, whether serving as aCommissioner or an Acting Commissioner. If there are fewer than two Commissionerswho are able to act on the matter because of disqualifications, illnesses, incapacities,vacancies that have not yet been filled, or any other reason, and the Governorhas not appointed the requisite number of persons to serve as ActingCommissioners pursuant to this subsection, the Deputy Commissioner appointedpursuant to subsection 1 of NRS 703.130may serve as an Acting Commissioner.

3. Before the Governor may appoint a person to serveas an Acting Commissioner in the place of a Commissioner who is unable to acton the matter, the person must be qualified to serve in the office of thatCommissioner as if the Governor were appointing the person to fill a vacancy inthat office.

4. A person who is appointed or authorized to serve asan Acting Commissioner shall be deemed to be a Commissioner and is entitled toexercise the powers of a Commissioner only in proceedings before the Commissionthat involve the matter or matters for which the person is appointed orauthorized to serve as an Acting Commissioner.

5. A person who is appointed to serve as an ActingCommissioner:

(a) Is subject to all legal requirements andrestrictions and enjoys all legal protections and immunities that apply to aCommissioner and to state officers generally while the person is engaged in thebusiness of the Commission as an Acting Commissioner; and

(b) Is entitled to receive, for each day the person isengaged in the business of the Commission as an Acting Commissioner, a salaryof $80 and the per diem allowance and travel expenses provided for stateofficers and employees generally. The person is not entitled to receive anyother compensation for serving as an Acting Commissioner.

6. A person who is appointed to serve as an ActingCommissioner serves at the pleasure of the Governor. The appointment of theperson expires:

(a) On the date that the Governor declares that theappointment has expired; or

(b) On the date that the matter or matters for whichthe person was appointed are no longer pending before the Commission,

whicheverdate occurs earlier.

7. The Governor may reappoint a person to serve as anActing Commissioner.

(Added to NRS by 2003, 3023)

NRS 703.100 Suitsby and against Commission. The Commission maysue and be sued in the name of the Public Utilities Commission of Nevada.

[Part 6:109:1919; 1919 RL p. 3155; NCL 6105](NRS A1997, 1882)

NRS 703.110 Hearingsand meetings open to public. Except asotherwise provided in this chapter, all hearings and meetings conducted by theCommission must be open to the public.

[Part 2:109:1919; A 1947, 29; 1953, 252](NRS A 1957,332; 1967, 1094; 1971, 656; 1973, 1036; 1979, 1108; 1983, 1308; 1989, 441;1997, 1882; 2003,3024)

NRS 703.120 Principaland secondary offices; filing of documents at secondary office.

1. The Commission shall keep its principal office at Carson City, Nevada, in rooms provided by the Buildings and Grounds Division of theDepartment of Administration and may maintain another office in Las Vegas, Nevada.

2. If an office is so maintained in Las Vegas, anydocument which is required to be filed with the Commission may be filed at itsoffice in Las Vegas with the same effect as if it were filed at the office in Carson City.

[Part 6:109:1919; 1919 RL p. 3155; NCL 6105](NRS A1963, 1071; 1973, 1477; 1987, 778; 1993, 1924)

NRS 703.130 Appointmentof Deputy Commissioner, Secretary and Assistant Secretary; other employees;hearing officers.

1. The Commission shall appoint a Deputy Commissionerwho shall serve in the unclassified service of the State.

2. The Commission shall appoint a Secretary who shallperform such administrative and other duties as are prescribed by theCommission. The Commission shall also appoint an Assistant Secretary.

3. The Commission may employ such other clerks,experts or engineers as may be necessary.

4. Except as otherwise provided in subsection 5, theCommission:

(a) May appoint one or more hearing officers for aperiod specified by the Commission to conduct proceedings or hearings that maybe conducted by the Commission pursuant to NRS702.160 and 702.170 and chapters 704, 704A,704B, 705, 708 and 711 ofNRS.

(b) Shall prescribe by regulation the procedure forappealing a decision of a hearing officer to the Commission.

5. The Commission shall not appoint a hearing officerto conduct proceedings or hearings:

(a) In any matter pending before the Commissionpursuant to NRS 704.7561 to 704.7595, inclusive; or

(b) In any matter pending before the Commissionpursuant to NRS 704.061 to 704.110, inclusive, in which an electricutility has filed a general rate application or an application to clear itsdeferred accounts.

6. As used in this section, electric utility has themeaning ascribed to it in NRS 704.187.

[Part 5:109:1919; A 1931, 225; 1941, 40; 1949, 449;1951, 200; 1953, 252](NRS A 1967, 1094, 1382, 1504; 1971, 1443; 1979, 1108;1981, 1285; 1999,3259; 2001, 342,3238)

NRS 703.140 Expensesof Commissioners and employees: Sworn statement and approval required. The expenditures of each Commissioner and employee of theCommission while traveling on its business must be sworn to by the person whoincurred the expense and must be approved by the Chairman of the Commission.

[42:109:1919; 1919 RL p. 3167; NCL 6143](NRS A1979, 1109; 1985, 448)

NRS 703.145 Expensesof investigations, inspections, audits and appearances made outside State.

1. Any public utility subject to the jurisdiction ofthe Commission which elects to maintain its books and records outside the Stateof Nevada shall, in addition to any other assessment and fees provided for bylaw, be assessed by the Commission for an amount equal to the travel expenses andthe excess of the out-of-state subsistence allowances over the in-statesubsistence allowances, as fixed by NRS281.160, of Commission members and staff, for investigations, inspections andaudits required to be performed outside this state.

2. Any public utility subject to the jurisdiction ofthe Commission shall, in addition to any other assessment and fees provided forby law, be assessed by the Commission for an amount equal to the travelexpenses and the excess of the out-of-state subsistence allowances over thein-state subsistence allowances, as fixed by NRS281.160, of Commission members and staff, for investigations, audits and appearancesrequired to be performed out of this state as a result of interventions in:

(a) Federal Energy Regulatory Commission proceedings asauthorized in NRS 703.152; or

(b) Actions involving the Federal CommunicationsCommission or other federal regulatory agencies,

if theintervention is made to benefit the public utility or its customers.

3. The assessments provided for by this section mustbe determined by the Commission upon the completion of each such investigation,inspection, audit or appearance and are due and payable within 30 days ofreceipt by the affected utility of the notice of assessment. The total amountassessed by the Commission in 1 year pursuant to subsection 2 must not exceed$50,000.

4. The records of the Commission relating to theadditional costs incurred by reason of the necessary additional travel must beopen for inspection by the affected utility at any time within the 30-dayperiod.

5. The Commission shall report to the Legislature nolater than February 1 of each odd-numbered year the amount of assessmentscharged public utilities during the previous biennium pursuant to subsection 2.

(Added to NRS by 1973, 1832; A 1989, 609; 1991, 400;1993, 442; 1995, 64; 1997, 1882)

NRS 703.147 PublicUtilities Commission Regulatory Fund.

1. The Public Utilities Commission Regulatory Fund ishereby created as a special revenue fund. Except as otherwise provided in NRS 702.170 and 704.7828, all money collected by theCommission pursuant to law must be deposited in the State Treasury for creditto the Fund. Money collected for the use of the Consumers Advocate of theBureau of Consumer Protection in the Office of the Attorney General must betransferred pursuant to the provisions of subsection 8 of NRS 704.035.

2. Money in the Fund which belongs to the Commissionmay be used only to defray the costs of:

(a) Maintaining staff and equipment to regulateadequately public utilities and other persons subject to the jurisdiction ofthe Commission.

(b) Participating in all rate cases involving thosepersons.

(c) Audits, inspections, investigations, publication ofnotices, reports and retaining consultants connected with that regulation andparticipation.

(d) The salaries, travel expenses and subsistenceallowances of the members of the Commission.

3. All claims against the Fund must be paid as otherclaims against the State are paid.

4. The Commission must furnish upon request astatement showing the balance remaining in the Fund as of the close of thepreceding fiscal year.

(Added to NRS by 1979, 148; A 1981, 1677; 1997, 1883;2001, 2526, 3238)

NRS 703.148 Expenditureof money from reserve account to provide education and informational services topublic; use of independent contractor to provide such services. The Commission may expend money from its reserve accountto provide education and informational services necessary to educate and informthe residents in this state on issues related to the provision of utilityservices in this state. The Commission may contract with an independent personto provide such educational and informational services.

(Added to NRS by 1997, 1902; A 2001, 352)(Substitutedin revision for NRS 704.961)

POWERS AND DUTIES

NRS 703.150 Generalduties. The Commission shall supervise andregulate the operation and maintenance of public utilities and other personsnamed and defined in chapters 704, 704A and 708of NRS pursuant to the provisions of those chapters.

[Part 1:109:1919; 1919 RL p. 3154; NCL 6100](NRS A1979, 246; 1985, 2047; 1997, 1883)

NRS 703.151 Dutiesof Commission in adopting regulations relating to provision of electricservice. In adopting regulations pursuant tothis title relating to the provision of electric service, the Commission shallensure that the regulations:

1. Protect, further and serve the public interest;

2. Provide effective protection for customers whodepend upon electric service;

3. Provide for stability in rates and for theavailability and reliability of electric service;

4. Encourage the development and use of renewableenergy resources; and

5. Require providers of electric service to engage inprudent business management, effective long-term planning, responsible decisionmaking, sound fiscal strategies and efficient operations.

(Added to NRS by 1997, 1880; A 2001, 342)

NRS 703.152 Legislativefindings on cost of energy in Nevada; Commission authorized to represent Statein matters affecting development, transmission, use or cost of energy in Nevada.

1. The Legislature finds that the cost of energy in Nevada is affected by the Federal Energy Regulatory Commission in its regulation of thetransmission of energy into and out of the State of Nevada, and the concerns ofthe public utilities and their customers in this State should be represented atthe hearings of that Commission which affect Nevada.

2. The Public Utilities Commission of Nevada, withinthe limits of its budget and as it deems necessary, may bring an action, file apetition or intervene before the Federal Energy Regulatory Commission or in anycourt on behalf of the public utilities and their customers in this State andrepresent their views in any matter which affects the development,transmission, use or cost of energy in Nevada.

(Added to NRS by 1981, 336; A 1997, 1883)

NRS 703.153 Commissionmay agree to conduct inspections to ensure compliance with federal statutes andregulations governing safety of storage facilities and interstate pipelines. The Commission may enter into an agreement with theSecretary of Transportation which authorizes the Commission to conductinspections as an agent of the Federal Government to ensure compliance withfederal statutes and regulations governing the safety of storage facilities andinterstate pipelines which transport:

1. Petroleum or any petroleum product;

2. Any substance which is in a liquid state, includingliquefied natural gas, when transported by pipeline or pipeline facilities andwhich may pose an unreasonable risk to life or property when transported bypipeline or pipeline facilities; or

3. Any gas, including natural gas, flammable gas orgas which is toxic or corrosive.

(Added to NRS by 1981, 16; A 1993, 297)

NRS 703.154 Regulationsto ensure safe operation and maintenance of storage facilities and intrastatepipelines; Commission has final authority to regulate such facilities andpipelines; civil penalty.

1. The Commission may adopt such regulations as arenecessary to ensure the safe operation and maintenance of all storagefacilities and intrastate pipelines in this state which are used to store andtransport natural gas, liquefied petroleum gas, in its liquid or vapor form, orany mixture thereof. Regulations adopted pursuant to this subsection do notapply to activities that are subject to the provisions of NRS 590.465 to 590.645, inclusive, or chapter 704 of NRS.

2. If the Commission and any other governmental entityor agency of the State have coexisting jurisdiction over the regulation of suchstorage facilities and intrastate pipelines, the Commission has the finalauthority to regulate those facilities and pipelines and to take such actionsas are necessary to carry out the regulations adopted pursuant to subsection 1.

3. A person who violates any of the provisions of aregulation adopted by the Commission pursuant to subsection 1 is liable for acivil penalty not to exceed $1,000 per day for each day of the violation andnot to exceed $200,000 for any related series of violations. The amount of thecivil penalty must be determined and may be compromised in the manner providedin NRS 703.380.

(Added to NRS by 1993, 296)

NRS 703.1545 Commissionauthorized to participate in federal program of safety relating to railroads. The Commission shall:

1. Enter into an agreement with the Secretary ofTransportation pursuant to 49 U.S.C. 20105 that authorizes the Commission toparticipate in the enforcement of federal safety regulations and ordersapplicable to railroad equipment, facilities, rolling stock and operations inthis state.

2. Accept and expend any federal money made availablepursuant to 49 U.S.C. 20105 for carrying out a safety program relating torailroads.

3. Adopt regulations concerning the safety ofrailroads in this state that incorporate the provisions of the statutes andregulations of other states and the Federal Government relating to railroadsafety which the Commission determines are appropriate for this state.

(Added to NRS by 1997, 1274)

NRS 703.160 Placeof session or hearing. The Commission may holdsessions or hearings at its office or at such other place or places as theconvenience of the Commission or of the parties requires.

[Part 6:109:1919; 1919 RL p. 3155; NCL 6105]

NRS 703.164 Employmentof legal counsel; duties of Attorney General and district attorneys.

1. The Commission may employ, or retain on a contractbasis, legal counsel who shall:

(a) Except as otherwise provided in subsection 2, becounsel and attorney for the Commission in all actions, proceedings andhearings.

(b) Prosecute in the name of the Commission all civilactions for the enforcement of NRS 702.160and 702.170 and chapters 704, 704A,704B, 705and 708 of NRS and for the recovery of anypenalty or forfeiture provided for therein.

(c) Generally aid the Commission in the performance ofits duties and the enforcement of NRS702.160 and 702.170 and chapters 704, 704A,704B, 705and 708 of NRS.

2. Each district attorney shall:

(a) Prosecute any violation of chapter 704, 704A,705, 708 or 711 of NRS for which a criminal penalty isprovided and which occurs in his county.

(b) Aid in any investigation, prosecution, hearing ortrial held under the provisions of chapter 704,704A, 705, 708 or 711 ofNRS and, at the request of the Commission or its legal counsel, act as counseland attorney for the Commission.

3. The Attorney General shall, if the districtattorney fails or refuses to do so, prosecute all violations of the laws ofthis state by public utilities under the jurisdiction of the Commission andtheir officers, agents and employees.

4. The Attorney General is not precluded fromappearing in or moving to intervene in any action and representing the interestof the State of Nevada in any action in which the Commission is a party and isrepresented by independent counsel.

[40:109:1919; 1919 RL p. 3167; NCL 6141](NRS A1979, 199; 1981, 1677; 1985, 2048; 1997, 1885; 2001, 3239)

NRS 703.168 Cooperationwith federal and state agencies. The Commissionmay, in carrying out its duties:

1. Cooperate with the Federal Government, itsdepartments and agencies.

2. Confer with the regulatory agencies of other stateson matters of mutual concern and benefit to persons served by the publicutilities and alternative sellers of this state.

3. Use the services, records, facilities andcooperation of federal and state regulatory agencies, and hold joint hearingsand participate in joint conferences to reach decisions in matters whichrequire cooperation. All necessary expenses incurred in attending hearings andconferences outside this state are a charge against the State, and must be paidas other claims against this state are paid. The claims must be sworn to by theCommissioner who incurred the expense and approved by the Chairman.

[2:110:1937; 1931 NCL 6167.12] + [3:110:1937; 1931NCL 6167.13] + [4:110:1937; 1931 NCL 6167.14] + [5:110:1937; 1931 NCL 6167.15](NRS A 1967, 1094; 1979, 246; 1997, 1886, 2020; 2003, 630)

NRS 703.172 Divisionof Consumer Complaint Resolution: Establishment; duties.

1. A Division of Consumer Complaint Resolution ishereby established within the Commission.

2. Pursuant to regulations adopted by the Commission,the Division of Consumer Complaint Resolution shall:

(a) Receive and investigate complaints made against anypublic utility or alternative seller;

(b) Conduct appropriate investigations of the servicepractices of utility companies or alternative sellers; and

(c) Perform such other functions as are required by lawor as the Commission deems appropriate.

(Added to NRS by 1975, 622; A 1977, 1375; 1979, 247;1997, 1886, 2020)(Substituted in revision for NRS 703.290)

NRS 703.175 Requestfrom State Contractors Board to disconnect telephone number: Commission toissue order to appropriate provider of service; good faith compliance withorder constitutes complete defense to action arising from termination ofservice.

1. Upon receiving a request from the StateContractors Board to disconnect a telephone number pursuant to NRS 624.720, the Commission shall issue anorder to the appropriate provider of telephone service to disconnect thetelephone number.

2. Compliance in good faith by a provider of telephoneservice with an order of the Commission to terminate service issued pursuant tothis section shall constitute a complete defense to any civil or criminalaction brought against the provider of telephone service arising from thetermination of service.

3. As used in this section, provider of telephoneservice has the meaning ascribed to it in NRS707.355.

(Added to NRS by 1999, 2858)

REPORTS, RECORDS AND PUBLICATIONS

NRS 703.180 Biennialreport of Commission. The Commission shallmake and publish biennial reports showing its proceedings.

[Part 12:109:1919; 1919 RL p. 3157; NCL 6111]

NRS 703.190 Recordsof Commission open to public inspection; exception.

1. Except as otherwise provided in this section, allbiennial reports, records, proceedings, papers and files of the Commission mustbe open at all reasonable times to the public.

2. The Commission shall, upon receipt of a requestfrom a public utility, alternative seller, provider of discretionary naturalgas service or provider of new electric resources, prohibit the disclosure ofany applicable information in the possession of the Commission or an affectedgovernmental entity concerning the public utility, alternative seller, providerof discretionary natural gas service or provider of new electric resources, ifthe Commission determines that the information would otherwise be entitled toprotection as a trade secret or confidential commercial information pursuant toNRS 49.325 or 600A.070 or Rule 26(c)(7) of the NevadaRules of Civil Procedure. Upon making such a determination, the Commissionshall establish the period during which the information must not be disclosedand a procedure for protecting the information during and after that period.

[Part 12:109:1919; 1919 RL p. 3157; NCL 6111](NRSA 1995, 385; 2003,3025)

NRS 703.191 Dutyof public utilities and certain entities to furnish information and annualreports.

1. Each public utility that is regulated by theCommission or elects to be regulated under an alternative plan of regulationpursuant to NRS 704.997, and each alternativeseller, provider of discretionary natural gas service and provider of newelectric resources shall:

(a) Keep uniform and detailed accounts of allapplicable business transacted in this State as required by the Commission byregulation, and render them to the Commission or an affected governmentalentity upon its request.

(b) Furnish an annual report, with respect to allapplicable business transacted in this State, to the Commission and eachaffected governmental entity in the form and detail which the Commissionprescribes by regulation.

2. The reports required by this section must beprepared for each calendar year and submitted not later than May 15 of the yearfollowing the year for which the report is submitted.

3. If the Commission or an affected governmentalentity finds that necessary information with respect to applicable businesstransacted in this State is not contained in a report submitted pursuant tothis section, the Commission or affected governmental entity may call for theomitted information at any time.

(Added to NRS by 1979, 243; A 1989, 1018; 1995, 2606;1997, 1883, 2664; 1999,492; 2003, 3026)

NRS 703.193 Annualreports, records and statements to be submitted under oath. Every annual report, record or statement required by lawto be made to the Commission must be submitted under oath by the properofficer, agent or person responsible for submitting the report, record orstatement.

(Added to NRS by 1979, 243)

NRS 703.195 Examinationof records and other property of public utilities and certain entities;exception.

1. Except as otherwise provided in subsection 2, anyCommissioner, any officer or employee of the Commission who is designated bythe Commission, or any officer or employee of an affected governmental entitywho is designated by the affected governmental entity may examine duringregular business hours the books, accounts, records, minutes, papers andproperty of any public utility, alternative seller, provider of discretionarynatural gas service or provider of new electric resources who does business inthis State, with respect to such business, regardless of whether the book,account, record, minutes, paper or property is located within this State.

2. No personnel records of an employee may be examinedpursuant to subsection 1 unless the records contain information relating to amatter of public safety or the Commission determines that the examination isrequired to protect the interests of the public.

3. As used in this section, personnel records doesnot include:

(a) The name of the employee who is the subject of therecord;

(b) The gross compensation and perquisites of the employee;

(c) Any record of the business expenses of theemployee;

(d) The title or any description of the position heldby the employee;

(e) The qualifications required for the position heldby the employee;

(f) The business address of the employee;

(g) The telephone number of the employee at his placeof business;

(h) The work schedule of the employee;

(i) The date on which the employee began hisemployment; and

(j) If applicable, the date on which the employment ofthe employee was terminated.

(Added to NRS by 1979, 243; A 1995, 386; 1997, 1884; 2003, 3026)

NRS 703.196 Disclosureand confidentiality of records and other property of public utilities andcertain entities.

1. Any books, accounts, records, minutes, papers andproperty of any public utility, alternative seller, provider of discretionarynatural gas service or provider of new electric resources that are subject toexamination pursuant to NRS 703.190 or 703.195 and are made available to theCommission, any officer or employee of the Commission, an affected governmentalentity, any officer or employee of an affected governmental entity, the Bureauof Consumer Protection in the Office of the Attorney General or any otherperson under the condition that the disclosure of such information to thepublic be withheld or otherwise limited, must not be disclosed to the publicunless the Commission first determines that the disclosure is justified.

2. The Commission shall take such actions as arenecessary to protect the confidentiality of such information, including,without limitation:

(a) Granting such protective orders as it deemsnecessary; and

(b) Holding closed hearings to receive or examine suchinformation.

3. If the Commission closes a hearing to receive orexamine such information, it shall:

(a) Restrict access to the records and transcripts ofsuch hearings without the prior approval of the Commission or an order of acourt of competent jurisdiction authorizing access to the records ortranscripts; and

(b) Prohibit any participant at such a hearing fromdisclosing such information without the prior authorization of the Commission.

4. A representative of the Regulatory Operations Staffof the Commission and the Bureau of Consumer Protection:

(a) May attend any closed hearing held pursuant to thissection; and

(b) Have access to any records or other informationdetermined to be confidential pursuant to this section.

5. The Commission shall consider in an open meetingwhether the information reviewed or examined in a closed hearing may bedisclosed without revealing the confidential subject matter of the information.To the extent the Commission determines the information may be disclosed, theinformation must become a part of the records available to the public.Information which the Commission determines may not be disclosed must be keptunder seal.

(Added to NRS by 1995, 385; A 1997, 1884; 2001, 3239; 2003, 3027)

NRS 703.197 Feesfor filing documents.

1. The Commission may collect fees for the filing ofany official document required by this chapter and chapters704, 704A, 704B,705 and 708of NRS or by a regulation of the Commission.

2. Filing fees may not exceed:

(a) For applications, $200.

(b) For petitions seeking affirmative relief, $200.

(c) For each tariff page which requires public noticeand is not attached to an application, $10. If more than one page is filed atone time, the total fee may not exceed the cost of notice and publication.

(d) For all other documents which require publicnotice, $10.

3. If an application or other document is rejected bythe Commission because it is inadequate or inappropriate, the filing fee mustbe returned.

4. The Commission may not charge any fee for filing:

(a) A complaint.

(b) A request for a refund pursuant to NRS 702.160.

(Added to NRS by 1979, 244; A 1985, 2047; 1997, 1885;2001, 3240)

NRS 703.200 Printing. Repealed. (See chapter 318, Statutes of Nevada 2005,at page 1094.)

 

NRS 703.205 Publicationof pamphlets. The Commission shall prepare andpublish pamphlets and other descriptive material which:

1. Contain information about the Commission and thepublic utilities under the jurisdiction of the Commission.

2. Encourage the conservation of energy.

(Added to NRS by 1977, 1375; A 1983,201)(Substituted in revision for NRS 703.300)

ADMINISTRATIVE PROCEEDINGS

NRS 703.301 Rightsof Regulatory Operations Staff to appear and participate in contested case andto be represented by legal counsel; restrictions on certain communicationsbetween Commissioner and Regulatory Operations Staff.

1. In any contested case pending before theCommission, the Regulatory Operations Staff of the Commission may, withoutfiling a petition for leave to intervene:

(a) Appear and participate in the contested case as anindependent party; and

(b) Be represented by legal counsel in the contestedcase.

2. A Commissioner may not discuss with a member of theRegulatory Operations Staff of the Commission any substantive issues of fact orlaw concerning a contested case pending before the Commission except uponnotice to all parties to the contested case and an opportunity for all suchparties to participate.

3. As used in this section, contested case has themeaning ascribed to it in NRS 233B.032.

(Added to NRS by 2001, 3237)

NRS 703.310 Complaintagainst public utility or alternative seller: Investigation by Division ofConsumer Complaint Resolution; notice and hearing.

1. When a complaint is made against any public utilityor alternative seller by any person, that any of the rates, tolls, charges orschedules for regulated services, or any joint rate or rates are in any respectunreasonable or unjustly discriminatory, or any regulation, measurement,practice or act affecting or relating to the production, transmission ordelivery or furnishing of heat, light, gas, coal slurry, water or power, or anyservice in connection therewith or the transmission thereof is, in any respect,unreasonable, insufficient or unjustly discriminatory, or that any service isinadequate, the Division of Consumer Complaint Resolution shall investigate thecomplaint. After receiving the complaint, the Division shall give a copy of itto the public utility or alternative seller against whom the complaint is made.Within a reasonable time thereafter, the public utility or alternative sellershall provide the Commission with its written response to the complaintaccording to the regulations of the Commission.

2. If the Division of Consumer Complaint Resolution isunable to resolve the complaint, the Division shall transmit the complaint, theresults of its investigation and its recommendation to the Commission. If theCommission determines that probable cause exists for the complaint, it shallorder a hearing thereof, give notice of the hearing and conduct the hearing asit would any other hearing.

3. No order affecting a rate, toll, charge, schedule,regulation, measurement, practice or act complained of may be entered without aformal hearing unless the hearing is dispensed with as provided in NRS 703.320.

(Added to NRS by 1979, 244; A 1981, 108; 1983, 201;1987, 2255; 1995, 2606; 1997, 1886, 2020, 2665; 1999, 492)

NRS 703.320 Noticeand hearing: Duty of Commission to provide notice of certain pending matters;regulations regarding notice; hearing required in certain pending matters;power of Commission to dispense with hearing in certain pending matters. Except as otherwise provided in subsection 8 of NRS 704.110:

1. In any matter pending before the Commission, if ahearing is required by a specific statute or is otherwise required by theCommission, the Commission shall give notice of the pendency of the matter toall persons entitled to notice of the hearing. The Commission shall byregulation specify:

(a) The manner of giving notice in each type ofproceeding; and

(b) The persons entitled to notice in each type ofproceeding.

2. The Commission shall not dispense with a hearing:

(a) In any matter pending before the Commissionpursuant to NRS 704.7561 to 704.7595, inclusive; or

(b) Except as otherwise provided in subsection 5 of NRS 704.100, in any matter pending beforethe Commission pursuant to NRS 704.061to 704.110, inclusive, in which anelectric utility has filed a general rate application or an application toclear its deferred accounts.

3. In any other matter pending before the Commission,the Commission may dispense with a hearing and act upon the matter pendingunless, within 10 days after the date of the notice of pendency, a personentitled to notice of the hearing files with the Commission a request that thehearing be held. If such a request for a hearing is filed, the Commission shallgive at least 10 days notice of the hearing.

4. As used in this section, electric utility has themeaning ascribed to it in NRS 704.187.

(Added to NRS by 1979, 244; A 1997, 2666; 1999, 492; 2001, 343, 3240; 2005, 1918)

NRS 703.330 Recordof hearings: Recording and transcription of testimony; costs; filing ofcertified copy with court clerk for judicial review; copies available toparties; confidentiality.

1. A complete record must be kept of all hearingsbefore the Commission. All testimony at such hearings must be taken down by thestenographer appointed by the Commission or, under the direction of anycompetent person appointed by the Commission, must be reported by soundrecording equipment in the manner authorized for reporting testimony indistrict courts. The testimony reported by a stenographer must be transcribed,and the transcript filed with the record in the matter. The Commission may byregulation provide for the transcription or safekeeping of sound recordings.The costs of recording and transcribing testimony at any hearing, except thosehearings ordered pursuant to NRS 703.310,must be paid by the applicant. If a complaint is made pursuant to NRS 703.310 by a customer or by a politicalsubdivision of the State or municipal organization, the complainant is notliable for any costs. Otherwise, if there are several applicants or parties toany hearing, the Commission may apportion the costs among them in itsdiscretion.

2. If a petition is served upon the Commission asprovided in NRS 703.373 for the bringingof an action against the Commission, before the action is reached for trial,the Commission shall file a certified copy of all proceedings and testimonytaken with the clerk of the court in which the action is pending.

3. A copy of the proceedings and testimony must befurnished to any party, on payment of a reasonable amount to be fixed by theCommission, and the amount must be the same for all parties.

4. The provisions of this section do not prohibit theCommission from:

(a) Restricting access to the records and transcriptsof a hearing pursuant to paragraph (a) of subsection 3 of NRS 703.196.

(b) Protecting the confidentiality of informationpursuant to NRS 704B.310, 704B.320 or 704B.325.

(Added to NRS by 1979, 245; A 1983, 967; 1995, 386; 2001, 3241; 2003, 1257)

NRS 703.340 Witnesses:Order of Commission for appearance; fees and mileage.

1. Either party is entitled to an order by theCommission for the appearance of witnesses or the production of books, papersand documents containing material testimony.

2. Witnesses appearing upon the order of theCommission are entitled to the same fees and mileage as witnesses in civilactions in the courts of the State, and the fees and mileage must be paid outof the State Treasury in the same manner as other claims against the State arepaid. No fees or mileage may be allowed unless the Chairman of the Commissioncertifies the correctness of the claim.

(Added to NRS by 1979, 245)

NRS 703.350 Orderfor production of books, accounts, papers or records. TheCommission may require, by order to be served on any person regulated by theCommission in the same manner as a subpoena in a civil action, the productionat a time and place designated by the Commission of any books, accounts, papersor records kept by the person in any office or place outside this State, orverified copies in lieu thereof, if the Commission so directs, so that anexamination may be made by the Commission or under its direction, or for use astestimony.

(Added to NRS by 1979, 245; A 1981, 109, 1598)

NRS 703.360 Issuanceof subpoena by clerk of district court for service to witness failing to appearon Commissions order; contempt.

1. If any person ordered to appear before theCommission as a witness fails to obey the order, the Commission or anyCommissioner or the Secretary of the Commission may apply to the clerk of thenearest district court for a subpoena commanding the attendance of the witnessbefore the Commission.

2. The clerk shall issue the subpoena, and a peaceofficer shall serve it.

3. Disobedience to a subpoena is a contempt of courtand must be punished accordingly.

(Added to NRS by 1979, 245)

NRS 703.370 Enforcementof subpoenas issued by Commission.

1. The district court for the county in which anyinvestigation or hearing is being conducted by the Commission pursuant to theprovisions of this title may compel the attendance of witnesses, the giving oftestimony and the production of books and papers as required by any subpoenaissued by the Commission.

2. If any witness refuses to attend or testify or produceany papers required by a subpoena the Commission may report to the districtcourt for the county in which the investigation or hearing is pending bypetition, setting forth:

(a) That due notice has been given of the time andplace of attendance of the witness or the production of the books and papers;

(b) That the witness has been subpoenaed in the mannerprescribed in this chapter; and

(c) That the witness has failed and refused to attendor produce the papers required by subpoena before the Commission in theinvestigation or hearing named in the subpoena, or has refused to answerquestions propounded to him in the course of the investigation or hearing,

and askingan order of the court compelling the witness to attend and testify or producethe books or papers before the Commission.

3. The court, upon petition of the Commission, shallenter an order directing the witness to appear before the court at a time andplace to be fixed by the court in its order, not more than 10 days from thedate of the order, and show cause why he has not attended or testified orproduced the books or papers before the Commission. A certified copy of theorder must be served upon the witness. If it appears to the court that thesubpoena was regularly issued by the Commission, the court shall thereuponenter an order that the witness appear before the Commission at the time andplace fixed in the order and testify or produce the required books or papers,and upon failure to obey the order the witness must be dealt with as if incontempt of court.

(Added to NRS by 1979, 246)

NRS 703.373 Judicialreview: Petition; answer; scope of review; grounds for setting aside decisionof Commission.

1. Any party of record to a proceeding before theCommission is entitled to judicial review of the final decision.

2. Proceedings for review may be instituted by filinga petition in the District Court in and for Carson City, in and for the countyin which the party resides, or in and for the county where the act on which theproceeding is based occurred. A petition must be filed within 90 days after theservice of the final decision of the Commission or, if a rehearing is held,within 30 days after the decision thereon. Copies of the petition must beserved upon the Commission and all other parties of record.

3. The Commission and other defendants shall filetheir answers to the petition within 30 days after the service thereof,whereupon the action is at issue and they must be ready for a hearing upon 20days notice to either party.

4. The review must be conducted by the court without ajury and be confined to the record. In cases of alleged irregularities inprocedure before the Commission, not shown in the record, proof thereon may betaken in the court. The court, upon request, shall hear oral argument andreceive written briefs.

5. All actions brought under this section haveprecedence over any civil action of a different nature pending in the court.

6. The court shall not substitute its judgment forthat of the Commission as to the weight of the evidence on questions of fact.The court may affirm the decision of the Commission or set it aside in whole orin part if substantial rights of the appellant have been prejudiced because theadministrative findings, inferences, conclusions or decisions are:

(a) In violation of constitutional or statutoryprovisions;

(b) In excess of the statutory authority of theCommission;

(c) Made upon unlawful procedure;

(d) Affected by other error of law;

(e) Clearly erroneous in view of the reliable,probative and substantial evidence on the whole record; or

(f) Arbitrary or capricious or characterized by abuseof discretion.

(Added to NRS by 1983, 965)

NRS 703.374 Judicialreview: Requirements for injunction; burden of proof; filing bond to place intoeffect proposed changes in schedule of rates.

1. A court of competent jurisdiction, after hearing,may issue an injunction suspending or staying any final order of the Commissionif:

(a) The applicant has filed a motion for a preliminaryinjunction;

(b) The applicant has served the motion on theCommission and other interested parties within 20 days after the rendition ofthe order on which the complaint is based;

(c) The court finds there is a reasonable likelihoodthat the applicant will prevail on the merits of the matter and will sufferirreparable injury if injunctive relief is not granted; and

(d) The applicant files a bond or other undertaking tosecure the adverse parties in such manner as the court finds sufficient.

2. The decision of the Commission on each matterconsidered shall be deemed reasonable and just until set aside by the court. Inall actions for an injunction or for any other relief, the burden of proof isupon the party attacking or resisting the order of the Commission to show byclear and satisfactory evidence that the order is unlawful or unreasonable.

3. If an injunction is granted by the court and theorder complained of is one which:

(a) Disapproves a public utilitys proposed changes ina schedule of rates, or any part thereof, pursuant to NRS 704.061 to 704.110, inclusive; or

(b) Otherwise prevents the proposed changes in theschedule, or any part thereof, from taking effect,

the publicutility complaining may place into effect the proposed changes in the schedule,or any part thereof, pending final determination by the court having jurisdiction,by filing a bond with the court in such an amount as the court may fix, conditionedupon the refund to persons entitled to the excess amount if the proposedchanges in the schedule, or any part thereof, are finally determined by thecourt to be excessive.

(Added to NRS by 1983, 965; A 1995, 2607; 1997, 1887,2666; 1999, 492; 2001, 3241)

NRS 703.375 Judicialreview: Refund of excess payment; report of refund; claims for refunds.

1. If a court determines that the rate or ratesconsidered by the Commission are excessive, and that the public utility hascollected those excessive rates, the public utility shall compute and refundthe excess or overpayment of the rate or rates pursuant to a plan approved bythe Commission within 60 days after the entry of the final judgment of thecourt.

2. The public utility shall prepare and file with theCommission a statement and report in affidavit form stating that all money hasbeen refunded according to the approved plan, and if there are persons to whompayment has not or cannot be made, the names, addresses and individual amountsof the refund must be listed in the report. The statement and report must befiled with the Commission within 90 days after the entry of final judgment. Thepublic utility shall pay the aggregate amount of the unpaid refunds to theCommission.

3. The Commission shall:

(a) Retain the aggregate refunds in the PublicUtilities Commission Regulatory Fund subject to the claim of each personentitled thereto for his share in the refund; and

(b) Pay all valid claims which are presented forpayment within 2 years after the date of the entry of final judgment of thecourt.

Allclaimants must identify themselves to the satisfaction of the Commission beforepayment may be made.

4. Any person has a right of action against theCommission in the event of a refusal of the Commission to pay his claim if thepersons name appears in the report filed by the public utility. This actionagainst the Commission must be brought within 6 months after the refusal to paythe claim.

5. The Commission shall investigate every case inwhich a claim is presented to it by a person claiming a refund under a plansubmitted by a public utility which was approved by the Commission. If theinvestigation results in a refusal by the public utility to pay a valid claim,then the claimant has a right of action against the public utility.

6. Any unclaimed money which remains in the custody ofthe Commission at the expiration of the 2-year period escheats to this State.

(Added to NRS by 1983, 966; A 1995, 2607; 1997, 1888,2667; 1999, 492)

NRS 703.376 Judicialreview: Appeal to Supreme Court. Any party tothe action, within 60 days after the service of a copy of the order or judgmentof the district court, may appeal to the Supreme Court as in other civil cases.

(Added to NRS by 1983, 967; A 1997, 1889)

NRS 703.377 Revocationof certificate, permit or license: Hearing; conditions; judicial review.

1. Any certificate of public convenience andnecessity, permit or license issued or transferred in accordance with theprovisions of NRS 704.001 to 704.751, inclusive, is not a franchise orirrevocable.

2. Upon receipt of a written complaint or on its ownmotion, the Commission may, after investigation and hearing, revoke anycertificate, permit or license, except that the Commission may not revoke thecertificate of a public utility unless the Commission has arranged for another publicutility to provide the service for which the certificate was granted.

3. If the Commission revokes any certificate, permitor license, the person who held the certificate, permit or license may seekjudicial review pursuant to the provisions of NRS703.373 to 703.376, inclusive.

(Added to NRS by 1983, 967; A 1985, 316; 1989, 726;1997, 1889; 2001,3242)

PENALTIES

NRS 703.380 Civilpenalty.

1. Unless another penalty is specifically provided,any public utility, alternative seller, provider of discretionary natural gasservice or provider of new electric resources, or any officer, agent oremployee of a public utility, alternative seller, provider of discretionarynatural gas service or provider of new electric resources who:

(a) Violates any applicable provision of this chapteror chapter 704, 704B,705 or 708 ofNRS;

(b) Violates any rule or regulation of the Commission;or

(c) Fails, neglects or refuses to obey any order of theCommission or any order of a court requiring compliance with an order of theCommission,

is liablefor a civil penalty not to exceed $1,000 per day for each day of the violationand not to exceed $100,000 for any related series of violations.

2. The amount of any civil penalty to be imposedpursuant to this section, and the propriety of any compromise of a penalty,must be determined by a court of competent jurisdiction upon the complaint ofthe Commission.

3. Subject to the approval of the court, any civilpenalty may be compromised by the Commission. In determining the amount of thepenalty, or the amount agreed upon in compromise, the appropriateness of thepenalty to the size of the business of the person charged, the gravity of theviolation and the good faith of the person charged in attempting to achievecompliance, after notification of a violation, must be considered.

4. Any penalty assessed pursuant to this section isnot a cost of service of a public utility and may not be included in any newapplication by a public utility for a rate adjustment or rate increase.

(Added to NRS by 1981, 1597; A 1985, 2048; 1997,1889; 2003, 3027)

 

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