REQUIRES TWO-THIRDS MAJORITY VOTE (§§ 40, 53)
A.B. 5
Assembly Bill No. 5–Joint Rules Committee
Prefiled June 13, 2001
____________
Referred to Committee of the Whole
SUMMARY—Revises and repeals various provisions concerning utilities and energy. (BDR 58‑21)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to energy; authorizing certain eligible customers to purchase electrical energy, capacity and certain ancillary services from providers of new electric resources; establishing the universal energy charge to fund low-income energy assistance and conservation; requiring certain retail customers to pay the universal energy charge; requiring certain public utilities and municipal utilities to perform certain functions related to the universal energy charge; creating the fund for energy assistance and conservation and setting forth the criteria to determine the eligibility of a household to receive assistance from money in the fund; authorizing certain agencies to render emergency assistance to households in certain circumstances; revising and repealing various provisions concerning the regulation of public utilities and the process of establishing and changing rates; expanding the public utilities commission of Nevada from three to five members; revising the authority of the commission to regulate mergers, acquisitions and certain other transactions involving public utilities and other entities; making various changes with respect to net metering; authorizing the director of the department of business and industry to issue industrial development revenue bonds for certain renewable energy generation projects; creating the task force for renewable energy and energy conservation and prescribing its membership and duties; creating the trust fund for renewable energy and energy conservation; creating the office of energy within the office of the governor; transferring control of the Nevada state energy office from the director of the department of business and industry to the office of energy within the office of the governor; requiring certain lodging establishments to include certain information concerning energy costs on their statement of rates; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
2-1 Section 1. For the purposes of sections 3 to 26, inclusive, of this act,
2-2 the legislature hereby finds and declares that:
2-3 1. A reliable and reasonably priced supply of electricity is critical to
2-4 the economy of this state and to the health, safety and welfare of the
2-5 residents of this state;
2-6 2. The electric utilities in this state depend on regional energy markets
2-7 to purchase approximately 50 percent of the electricity needed to serve
2-8 their customers in this state, and such purchases are often made pursuant to
2-9 agreements with terms of 1 year or less;
2-10 3. The energy markets in the western United States currently are
2-11 characterized by critical shortages in the supply of electricity and
2-12 extremely high prices for electricity, both of which are damaging to the
2-13 strength of the economy of this state and to the well-being of the residents
2-14 of this state;
2-15 4. The residents of this state would benefit from construction of new
2-16 generation assets in this state and from access to other new electric
2-17 resources, wherever located, that provide lower-priced electricity;
2-18 5. The economic development that would result from construction in
2-19 this state of new generation assets, supporting gas pipelines and additional
2-20 infrastructure would be of special benefit to the rural areas of this state
2-21 where the new generation assets are most likely to be located;
2-22 6. During the 71st session of the Nevada Legislature, the legislature
2-23 considered a number of different but complementary approaches to
2-24 developing and using new generation assets and other new electric
2-25 resources and to increasing the supply of reasonably priced electricity in
2-26 this state;
2-27 7. The development and use of new generation assets and other new
2-28 electric resources by eligible customers would permit the electric utilities
2-29 in this state to reduce their dependence on purchases of excessively priced
2-30 electricity from dysfunctional, short-term energy markets and would
2-31 thereby reduce the average system costs for such electric utilities;
2-32 8. The development and use of new generation assets and other new
2-33 electric resources can be encouraged by allowing eligible customers to use
2-34 their own resources, initiative, expertise and credit to develop, access and
2-35 enter into agreements for the purchase of electricity from new generation
2-36 assets and other new electric resources; and
2-37 9. To protect the electric utilities in this state and their remaining
2-38 customers, all transactions proposed by eligible customers pursuant to
2-39 sections 3 to 26, inclusive, of this act must be carefully reviewed by the
2-40 public utilities commission of Nevada to ensure that the electric utilities in
2-41 this state and their remaining customers are not subject to increased costs
2-42 as a result of the proposed transactions and that the proposed transactions
2-43 are not otherwise contrary to the public interest.
2-44 Sec. 2. Title 58 of NRS is hereby amended by adding thereto a new
2-45 chapter to consist of the provisions set forth as sections 3 to 26, inclusive,
2-46 of this act.
2-47 Sec. 3. As used in this chapter, unless the context otherwise
2-48 requires, the words and terms defined in sections 4 to 16, inclusive, of
2-49 this act have the meanings ascribed to them in those sections.
3-1 Sec. 4. “Ancillary services” means those generation services that:
3-2 1. Are necessary to support the transmission of energy and capacity
3-3 from resources to loads while maintaining reliable operation of the
3-4 transmission system of the electric utility; and
3-5 2. Are defined and established in applicable transmission tariffs on
3-6 file with the Federal Energy Regulatory Commission.
3-7 Sec. 5. “Calendar quarter” means each period of 3 consecutive
3-8 calendar months ending on March 31, June 30, September 30 and
3-9 December 31 in each calendar year.
3-10 Sec. 6. “Commission” means the public utilities commission of
3-11 Nevada.
3-12 Sec. 7. 1. “Electric utility” means any public utility or successor in
3-13 interest that:
3-14 (a) Is in the business of providing electric service to customers;
3-15 (b) Holds a certificate of public convenience and necessity issued or
3-16 transferred pursuant to chapter 704 of NRS; and
3-17 (c) In the most recently completed calendar year or in any other
3-18 calendar year within the 7 calendar years immediately preceding the
3-19 most recently completed calendar year, had a gross operating revenue of
3-20 $250,000,000 or more in this state.
3-21 2. The term does not include a cooperative association, nonprofit
3-22 corporation, nonprofit association or provider of electric service which is
3-23 declared to be a public utility pursuant to NRS 704.673 and which
3-24 provides service only to its members.
3-25 Sec. 8. “Electric utility that primarily serves densely populated
3-26 counties” means an electric utility that, with regard to the provision of
3-27 electric service, derives more of its annual gross operating revenue in
3-28 this state from customers located in counties whose population is 400,000
3-29 or more than it does from customers located in counties whose
3-30 population is less than 400,000.
3-31 Sec. 9. “Electric utility that primarily serves less densely populated
3-32 counties” means an electric utility that, with regard to the provision of
3-33 electric service, derives more of its annual gross operating revenue in
3-34 this state from customers located in counties whose population is less
3-35 than 400,000 than it does from customers located in counties whose
3-36 population is 400,000 or more.
3-37 Sec. 10. “Eligible customer” means an end-use customer which is:
3-38 1. A nongovernmental commercial or industrial end-use customer
3-39 that has an average annual load of 1 megawatt or more in the service
3-40 territory of an electric utility.
3-41 2. A governmental entity, including, without limitation, a
3-42 governmental entity providing educational or health care services, that:
3-43 (a) Performs its functions using one or more facilities which are
3-44 operated under a common budget and common control; and
3-45 (b) Has an average annual load of 1 megawatt or more in the service
3-46 territory of an electric utility.
3-47 Sec. 11. “Energy” means electrical energy.
4-1 Sec. 12. “Generation asset” means any plant, facility, equipment or
4-2 system which is located within or outside this state and which converts
4-3 nonelectrical energy into electrical energy or otherwise produces
4-4 electrical energy.
4-5 Sec. 13. “New electric resource” means:
4-6 1. The energy, capacity or ancillary services and any increased or
4-7 additional energy, capacity or ancillary services which are:
4-8 (a) Made available from a generation asset that is not owned by an
4-9 electric utility or is not subject to contractual commitments to an electric
4-10 utility that make the energy, capacity or ancillary services from the
4-11 generation asset unavailable for purchase by an eligible customer; and
4-12 (b) Able to be delivered to an eligible customer.
4-13 2. Any increased energy, capacity or ancillary services made
4-14 available from a generation asset pursuant to an agreement described in
4-15 section 18 of this act.
4-16 Sec. 14. “Person” means:
4-17 1. A natural person.
4-18 2. Any form of business or social organization and any other
4-19 nongovernmental legal entity, including, without limitation, a
4-20 corporation, partnership, association, trust or unincorporated
4-21 organization.
4-22 3. A governmental entity other than:
4-23 (a) This state or an agency or instrumentality of this state; or
4-24 (b) A political subdivision of this state or an agency or instrumentality
4-25 of a political subdivision of this state.
4-26 Sec. 15. “Provider of new electric resources” and “provider” mean a
4-27 person who makes energy, capacity or ancillary services from a new
4-28 electric resource available to an eligible customer.
4-29 Sec. 16. “Time-of-use meter” means a meter that:
4-30 1. Measures and records the electric demand, energy and power
4-31 factor on 15-minute intervals; and
4-32 2. Is suitable for use with an electric demand of 1 megawatt or more.
4-33 Sec. 17. 1. The provisions of this chapter do not alter, diminish or
4-34 otherwise affect any rights or obligations arising under any contract
4-35 which requires an electric utility to purchase energy, capacity or
4-36 ancillary services from another party and which exists on the effective
4-37 date of this act.
4-38 2. Each electric utility or its assignee shall comply with the terms of
4-39 any contract which requires the electric utility or its assignee to purchase
4-40 energy, capacity or ancillary services from another party and which
4-41 exists on the effective date of this act.
4-42 Sec. 18. 1. Except as otherwise provided in this section, an electric
4-43 utility may, at its discretion, enter into agreements relating to its
4-44 generation assets and the energy, capacity or ancillary services provided
4-45 by its generation assets with one or more other persons who are not
4-46 electric utilities. Such agreements, without limitation:
4-47 (a) May include agreements to construct or install a new generation
4-48 asset on real property that is adjacent to an existing generation asset
4-49 owned by the electric utility; and
5-1 (b) May provide for the sharing of available common facilities with
5-2 the existing generation asset or the reengineering, repowering or
5-3 expansion of the existing generation asset to generate energy more
5-4 efficiently and at a lower cost and to make more energy available to
5-5 customers in this state.
5-6 2. Any increased energy, capacity or ancillary services made
5-7 available from a new generation asset or an existing generation asset
5-8 pursuant to an agreement described in subsection 1 shall be deemed to be
5-9 a new electric resource that may be:
5-10 (a) Owned by the parties to the agreement who are not electric
5-11 utilities; and
5-12 (b) Used or consumed by such parties for their own purposes, sold at
5-13 wholesale by such parties or sold by such parties to one or more eligible
5-14 customers pursuant to the provisions of this chapter.
5-15 3. A transaction undertaken pursuant to an agreement described in
5-16 subsection 1:
5-17 (a) Must not impair system reliability or the ability of the electric
5-18 utility to provide electric service to its customers; and
5-19 (b) Must not violate the provisions of sections 8 to 18, inclusive, of
5-20 chapter 16, Statutes of Nevada 2001.
5-21 4. The provisions of this section do not exempt any party to an
5-22 agreement described in subsection 1 from any applicable statutory or
5-23 regulatory requirements relating to siting, construction and operation of
5-24 a generation asset.
5-25 5. The commission shall encourage the development of new electric
5-26 resources and shall not exercise its regulatory authority in a manner that
5-27 unnecessarily or unreasonably restricts, conditions or discourages any
5-28 agreement described in subsection 1 that is likely to result in increased
5-29 energy, capacity or ancillary services from a generation asset or
5-30 improved or more efficient operation or management of a generation
5-31 asset.
5-32 Sec. 19. 1. Except as otherwise provided in this section, a provider
5-33 of new electric resources may sell energy, capacity or ancillary services to
5-34 one or more eligible customers if the eligible customers have been
5-35 approved to purchase energy, capacity and ancillary services from the
5-36 provider pursuant to the provisions of sections 20 and 21 of this act.
5-37 2. A provider of new electric resources shall not sell energy, capacity
5-38 or ancillary services to an eligible customer:
5-39 (a) Before April 1, 2002, if the eligible customer’s load is in the
5-40 service territory of an electric utility that primarily serves less densely
5-41 populated counties;
5-42 (b) Before June 1, 2002, if the eligible customer’s load is in the
5-43 service territory of an electric utility that primarily serves densely
5-44 populated counties; or
5-45 (c) If the transaction violates the provisions of this chapter.
5-46 3. A provider of new electric resources that sells energy, capacity or
5-47 ancillary services to an eligible customer pursuant to the provisions of
5-48 this chapter:
6-1 (a) Does not become and shall not be deemed to be a public utility
6-2 solely because of that transaction; and
6-3 (b) Does not become and shall not be deemed to be subject to the
6-4 jurisdiction of the commission except as otherwise provided in this
6-5 chapter or by specific statute.
6-6 4. If a provider of new electric resources is not a public utility in this
6-7 state and is not otherwise authorized by the provisions of a specific
6-8 statute to sell energy, capacity or ancillary services at retail in this state,
6-9 the provider shall not sell energy, capacity or ancillary services at retail
6-10 in this state to a person or entity that is not an eligible customer.
6-11 Sec. 20. 1. An eligible customer that is purchasing electric service
6-12 from an electric utility shall not purchase energy, capacity or ancillary
6-13 services from a provider of new electric resources and an eligible
6-14 customer that is purchasing energy, capacity or ancillary services from a
6-15 provider of new electric resources shall not purchase energy, capacity or
6-16 ancillary services from another provider unless:
6-17 (a) The eligible customer files an application with the commission not
6-18 later than 180 days before the date on which the eligible customer
6-19 intends to begin purchasing energy, capacity or ancillary services from
6-20 the provider; and
6-21 (b) The commission approves the application by a written order issued
6-22 in accordance with the provisions of this section and section 21 of this
6-23 act.
6-24 The date on which the eligible customer intends to begin purchasing
6-25 energy, capacity or ancillary services from the provider must not be
6-26 sooner than the date on which the provider is authorized by section 19 of
6-27 this act to begin selling energy, capacity or ancillary services to the
6-28 eligible customer.
6-29 2. Except as otherwise provided in subsection 3, each application
6-30 filed pursuant to this section must include:
6-31 (a) Information demonstrating that the person filing the application is
6-32 an eligible customer;
6-33 (b) Information demonstrating that the proposed provider will provide
6-34 energy, capacity or ancillary services from a new electric resource;
6-35 (c) Information concerning the terms and conditions of the proposed
6-36 transaction that is necessary for the commission to evaluate the impact of
6-37 the proposed transaction on customers and the public interest, including,
6-38 without limitation, information concerning the duration of the proposed
6-39 transaction and the amount of energy and capacity to be purchased from
6-40 the provider; and
6-41 (d) Any other information required pursuant to the regulations
6-42 adopted by the commission.
6-43 3. Except as otherwise provided in section 21 of this act, the
6-44 commission shall not require the eligible customer or provider to
6-45 disclose:
6-46 (a) The price that is being paid by the eligible customer to purchase
6-47 energy, capacity or ancillary services from the provider; or
6-48 (b) Any other terms or conditions of the proposed transaction that the
6-49 commission determines are commercially sensitive.
7-1 4. The commission shall provide public notice of the application of
7-2 the eligible customer and an opportunity for a hearing on the application
7-3 in a manner that is consistent with the provisions of NRS 703.320 and
7-4 the regulations adopted by the commission.
7-5 5. The commission shall approve the application of the eligible
7-6 customer unless the commission finds that the proposed transaction:
7-7 (a) Will be contrary to the public interest; or
7-8 (b) Does not comply with the provisions of section 21 of this act, if
7-9 those provisions apply to the proposed transaction.
7-10 6. In determining whether the proposed transaction will be contrary
7-11 to the public interest, the commission shall consider, without limitation:
7-12 (a) Whether the electric utility that has been providing electric service
7-13 to the eligible customer will be burdened by increased costs as a result of
7-14 the proposed transaction or whether any remaining customer of the
7-15 electric utility will pay increased costs for electric service as a result of
7-16 the proposed transaction;
7-17 (b) Whether the proposed transaction will impair system reliability or
7-18 the ability of the electric utility to provide electric service to its remaining
7-19 customers; and
7-20 (c) Whether the proposed transaction will add energy, capacity or
7-21 ancillary services to the supply in this state.
7-22 7. If the commission approves the application of the eligible
7-23 customer:
7-24 (a) The eligible customer shall not begin purchasing energy, capacity
7-25 or ancillary services from the provider pursuant to the proposed
7-26 transaction sooner than 180 days after the date on which the application
7-27 was filed; and
7-28 (b) The commission shall order such terms, conditions and payments
7-29 as the commission deems necessary and appropriate to ensure that the
7-30 proposed transaction will not be contrary to the public interest. Such
7-31 terms, conditions and payments:
7-32 (1) Must be fair and nondiscriminatory as between the eligible
7-33 customer and the remaining customers of the electric utility; and
7-34 (2) Must include, without limitation, payment by the eligible
7-35 customer to the electric utility of the eligible customer’s load-share
7-36 portion of any unrecovered balance in the deferred accounts of the
7-37 electric utility.
7-38 8. If the commission does not enter a final order on the application
7-39 of the eligible customer within 90 days after the date on which the
7-40 application was filed with the commission:
7-41 (a) The application shall be deemed to be approved by the
7-42 commission; and
7-43 (b) The eligible customer shall not begin purchasing energy, capacity
7-44 or ancillary services from the provider pursuant to the proposed
7-45 transaction sooner than 180 days after the date on which the application
7-46 was filed.
7-47 Sec. 21. 1. For eligible customers whose loads are in the service
7-48 territory of an electric utility that primarily serves densely populated
7-49 counties, the aggregate amount of energy that all such eligible customers
8-1 purchase from providers of new electric resources before July 1, 2003,
8-2 must not exceed 50 percent of the difference between the existing supply
8-3 of energy generated in this state that is available to the electric utility and
8-4 the existing demand for energy in this state that is consumed by the
8-5 customers of the electric utility, as determined by the commission.
8-6 2. An eligible customer that is a nongovernmental commercial or
8-7 industrial end-use customer whose load is in the service territory of an
8-8 electric utility that primarily serves densely populated counties shall not
8-9 purchase energy, capacity or ancillary services from a provider of new
8-10 electric resources unless, as part of the proposed transaction, the eligible
8-11 customer agrees to:
8-12 (a) Contract with the provider to purchase:
8-13 (1) An additional amount of energy which is equal to 10 percent of
8-14 the total amount of energy that the eligible customer is purchasing for its
8-15 own use under the proposed transaction and which is purchased at the
8-16 same price, terms and conditions as the energy purchased by the eligible
8-17 customer for its own use; and
8-18 (2) The capacity and ancillary services associated with the
8-19 additional amount of energy at the same price, terms and conditions as
8-20 the capacity and ancillary services purchased by the eligible customer for
8-21 its own use; and
8-22 (b) Offers to assign the rights to the contract to the electric utility for
8-23 use by the remaining customers of the electric utility.
8-24 3. If an eligible customer is subject to the provisions of subsection 2,
8-25 the eligible customer shall include with its application filed pursuant to
8-26 section 20 of this act all information concerning the contract offered to
8-27 the electric utility that is necessary for the commission to determine
8-28 whether it is in the best interest of the remaining customers of the electric
8-29 utility for the electric utility to accept the rights to the contract. Such
8-30 information must include, without limitation, the amount of the energy
8-31 and capacity to be purchased under the contract, the price of the energy,
8-32 capacity and ancillary services and the duration of the contract.
8-33 4. Notwithstanding any specific statute to the contrary, information
8-34 concerning the price of the energy, capacity and ancillary services and
8-35 any other terms or conditions of the contract that the commission
8-36 determines are commercially sensitive:
8-37 (a) Must not be disclosed by the commission except to the regulatory
8-38 operations staff of the commission, the consumer’s advocate and his staff
8-39 and the electric utility for the purposes of carrying out the provisions of
8-40 this section; and
8-41 (b) Shall be deemed to be confidential for all other purposes, and the
8-42 commission shall take such actions as are necessary to protect the
8-43 confidentiality of such information.
8-44 5. If the commission determines that the contract:
8-45 (a) Is not in the best interest of the remaining customers of the electric
8-46 utility, the electric utility shall not accept the rights to the contract, and
8-47 the eligible customer is entitled to all rights to the contract.
8-48 (b) Is in the best interest of the remaining customers of the electric
8-49 utility, the electric utility shall accept the rights to the contract and the
9-1 eligible customer shall assign all rights to the contract to the electric
9-2 utility. A contract that is assigned to the electric utility pursuant to this
9-3 paragraph shall be deemed to be an approved part of the resource plan of
9-4 the electric utility and a prudent investment, and the electric utility may
9-5 recover all costs for the energy, capacity and ancillary services acquired
9-6 pursuant to the contract. To the extent practicable, the commission shall
9-7 take actions to ensure that the electric utility uses the energy, capacity
9-8 and ancillary services acquired pursuant to each such contract only for
9-9 the benefit of the remaining customers of the electric utility that are not
9-10 eligible customers, with a preference for the remaining customers of the
9-11 electric utility that are residential customers with small loads.
9-12 6. The provisions of this section do not exempt the electric utility, in
9-13 whole or in part, from the requirements imposed on the electric utility
9-14 pursuant to sections 3 to 12, inclusive, of chapter 519, Statutes of Nevada
9-15 2001, to comply with its portfolio standard for renewable energy. The
9-16 commission shall not take any actions pursuant to this section that
9-17 conflict with or diminish those requirements.
9-18 7. As used in this section, “consumer’s advocate” means the
9-19 consumer’s advocate of the bureau of consumer protection in the office
9-20 of the attorney general.
9-21 Sec. 22. 1. If an eligible customer is purchasing energy, capacity
9-22 or ancillary services from a provider of new electric resources, the
9-23 eligible customer may, pursuant to tariffs approved by the commission,
9-24 replace some or all, but not less than all at a single time-of-use meter, of
9-25 the energy, capacity or ancillary services purchased from the provider of
9-26 new electric resources with energy, capacity or ancillary services
9-27 purchased from an electric utility.
9-28 2. The tariffs approved by the commission pursuant to this section
9-29 must include, without limitation:
9-30 (a) Provisions requiring the eligible customer to pay any incremental
9-31 costs that are incurred by the electric utility to provide energy to the
9-32 eligible customer;
9-33 (b) Provisions requiring the eligible customer to provide reasonable
9-34 and adequate notice to the electric utility;
9-35 (c) Provisions establishing minimum terms during which the eligible
9-36 customer must continue to purchase energy from the electric utility; and
9-37 (d) Any other provisions that the commission determines are
9-38 necessary and reasonable to carry out and enforce the provisions of this
9-39 section.
9-40 Sec. 23. 1. A provider of new electric resources shall not sell
9-41 energy, capacity or ancillary services to an eligible customer unless the
9-42 customer has a time-of-use meter installed at the point of delivery of
9-43 energy to the eligible customer.
9-44 2. An electric utility shall install a time-of-use meter at each point of
9-45 delivery of energy to the eligible customer if the eligible customer does
9-46 not have a time-of-use meter at that point of delivery. If the eligible
9-47 customer is:
9-48 (a) A nongovernmental commercial or industrial end-use customer,
9-49 the eligible customer or the provider shall pay all costs for the time-of-
10-1 use meter and for installation of the time-of-use meter by the electric
10-2 utility.
10-3 (b) A governmental entity, the provider shall pay all costs for the time-
10-4 of-use meter and for installation of the time-of-use meter by the electric
10-5 utility.
10-6 3. Not more than one person or entity may sell the energy that is
10-7 delivered to an eligible customer through any one time-of-use meter.
10-8 4. The provisions of this section do not prohibit:
10-9 (a) An eligible customer from having more than one time-of-use meter
10-10 installed for the same service location; or
10-11 (b) An eligible customer from installing any other meter or equipment
10-12 that is necessary or appropriate to the transaction with the provider, if
10-13 such a meter or equipment is otherwise consistent with system reliability.
10-14 Sec. 24. 1. An electric utility shall provide all transmission,
10-15 distribution, metering and other components of electric service that are
10-16 necessary for a provider of new electric resources to sell energy, capacity
10-17 and ancillary services to an eligible customer pursuant to the provisions
10-18 of this chapter. An electric utility shall provide each such component of
10-19 electric service pursuant to the tariffs and service agreements filed with
10-20 and approved by the appropriate regulatory authorities having
10-21 jurisdiction over each such component of electric service.
10-22 2. For each such component of electric service that is within the
10-23 jurisdiction of the commission, the commission shall establish just,
10-24 reasonable and nondiscriminatory rates.
10-25 3. The provisions of this chapter do not enlarge or expand any
10-26 existing rights under federal law or create any other rights with regard to
10-27 the transmission system of the electric utility.
10-28 4. When providing service pursuant to this chapter, an electric utility
10-29 is subject to all applicable statutes and regulations of this state and the
10-30 United States.
10-31 Sec. 25. Not later than 30 days after the end of each calendar
10-32 quarter, the commission shall submit to the legislative commission a
10-33 written report which summarizes for that calendar quarter:
10-34 1. Each application which was filed with the commission pursuant to
10-35 the provisions of this chapter and which requested approval of a
10-36 proposed transaction between an eligible customer and a provider of new
10-37 electric resources;
10-38 2. The information that the eligible customer included with the
10-39 application;
10-40 3. The findings of the commission concerning the effect of the
10-41 proposed transaction on the public interest; and
10-42 4. Whether the commission approved the application and, if so, the
10-43 effective date of the proposed transaction, the terms and conditions of the
10-44 proposed transaction, and the terms, conditions and payments ordered by
10-45 the commission.
10-46 Sec. 26. The commission shall adopt regulations to carry out and
10-47 enforce the provisions of this chapter.
11-1 Sec. 27. Title 58 of NRS is hereby amended by adding thereto a new
11-2 chapter to consist of the provisions set forth as sections 28 to 45, inclusive,
11-3 of this act.
11-4 Sec. 28. As used in this chapter, unless the context otherwise
11-5 requires, the words and terms defined in sections 29 to 38, inclusive, of
11-6 this act have the meanings ascribed to them in those sections.
11-7 Sec. 29. “Calendar quarter” means each period of 3 consecutive
11-8 calendar months ending on March 31, June 30, September 30 and
11-9 December 31 in each calendar year.
11-10 Sec. 30. “Commission” means the public utilities commission of
11-11 Nevada.
11-12 Sec. 31. “Fund” means the fund for energy assistance and
11-13 conservation created by section 42 of this act.
11-14 Sec. 32. “Housing division” means the housing division of the
11-15 department of business and industry.
11-16 Sec. 33. “Municipal utility” includes, without limitation:
11-17 1. A utility established pursuant to chapter 709 or 710 of NRS.
11-18 2. Any other utility that is owned, operated or controlled by a county,
11-19 city or other local governmental entity.
11-20 Sec. 34. “Person” means:
11-21 1. A natural person;
11-22 2. Any form of business or social organization and any other
11-23 nongovernmental legal entity, including, without limitation, a
11-24 corporation, partnership, association, trust or unincorporated
11-25 organization;
11-26 3. A government or an agency or instrumentality of a government,
11-27 including, without limitation, this state or an agency or instrumentality
11-28 of this state; and
11-29 4. A political subdivision of this state or of any other government or
11-30 an agency or instrumentality of a political subdivision of this state or of
11-31 any other government.
11-32 Sec. 35. “Public utility” has the meaning ascribed to it in NRS
11-33 704.020 and 704.030.
11-34 Sec. 36. 1. “Retail customer” means an end-use customer that
11-35 purchases natural gas or electricity for consumption in this state.
11-36 2. The term includes, without limitation:
11-37 (a) A residential, commercial or industrial end-use customer that
11-38 purchases natural gas or electricity for consumption in this state,
11-39 including, without limitation, an eligible customer that purchases
11-40 electricity for consumption in this state from a provider of new electric
11-41 resources pursuant to the provisions of sections 3 to 26, inclusive, of this
11-42 act.
11-43 (b) A landlord of a mobile home park or owner of a company town
11-44 who is subject to any of the provisions of NRS 704.905 to 704.960,
11-45 inclusive.
11-46 (c) A landlord who pays for natural gas or electricity that is delivered
11-47 through a master meter and who distributes or resells the natural gas or
11-48 electricity to one or more tenants for consumption in this state.
12-1 3. The term does not include this state, a political subdivision of this
12-2 state or an agency or instrumentality of this state or political subdivision
12-3 of this state when it is an end-use customer that purchases natural gas or
12-4 electricity for consumption in this state, including, without limitation,
12-5 when it is an eligible customer that purchases electricity for consumption
12-6 in this state from a provider of new electric resources pursuant to the
12-7 provisions of sections 3 to 26, inclusive, of this act.
12-8 Sec. 37. “Universal energy charge” means the charge imposed
12-9 pursuant to section 40 of this act.
12-10 Sec. 38. “Welfare division” means the welfare division of the
12-11 department of human resources.
12-12 Sec. 39. 1. The provisions of section 40 of this act do not apply to
12-13 any therm of natural gas or any kilowatt-hour of electricity that a retail
12-14 customer purchases from:
12-15 (a) A rural electric cooperative established pursuant to chapter 81 of
12-16 NRS.
12-17 (b) A general improvement district established pursuant to chapter
12-18 318 of NRS.
12-19 (c) A cooperative association, nonprofit corporation, nonprofit
12-20 association or provider of service which is declared to be a public utility
12-21 pursuant to NRS 704.673 and which provides service only to its members.
12-22 2. If a retail customer is exempted from paying the universal energy
12-23 charge pursuant to subsection 1, the retail customer may not receive
12-24 money or other assistance from:
12-25 (a) The welfare division pursuant to section 43 of this act for any
12-26 utility service for which the retail customer is exempted from paying the
12-27 universal energy charge; or
12-28 (b) The housing division pursuant to section 44 of this act.
12-29 Sec. 40. 1. Except as otherwise provided in this section and section
12-30 39 of this act, each retail customer shall pay:
12-31 (a) A universal energy charge of 3.30 mills on each therm of natural
12-32 gas that the retail customer purchases from another person for
12-33 consumption in this state; and
12-34 (b) A universal energy charge of 0.39 mills on each kilowatt-hour of
12-35 electricity that the retail customer purchases from another person for
12-36 consumption in this state.
12-37 2. The provisions of subsection 1 do not apply to:
12-38 (a) Any therm of natural gas used as a source of energy to generate
12-39 electricity.
12-40 (b) Any kilowatt-hour of electricity used in industries utilizing
12-41 electrolytic-manufacturing processes.
12-42 3. If a retail customer uses the distribution services of a public utility
12-43 or municipal utility to acquire natural gas or electricity that is subject to
12-44 the universal energy charge, the public utility or municipal utility
12-45 providing the distribution services shall:
12-46 (a) Collect the universal energy charge from each such retail
12-47 customer;
12-48 (b) Ensure that the universal energy charge is set forth as a separate
12-49 item or entry on the bill of each such retail customer; and
13-1 (c) Not later than 30 days after the end of each calendar quarter,
13-2 remit to the commission the total amount of money collected by the
13-3 public utility or municipal utility for the universal energy charge for the
13-4 immediately preceding calendar quarter.
13-5 4. If a retail customer does not use the distribution services of a
13-6 public utility or municipal utility to acquire natural gas or electricity that
13-7 is subject to the universal energy charge, not later than 30 days after the
13-8 end of each calendar quarter, the retail customer shall remit to the
13-9 commission the total amount of money owed by the retail customer for
13-10 the universal energy charge for the immediately preceding calendar
13-11 quarter.
13-12 5. If, for any calendar quarter, a single retail customer or multiple
13-13 retail customers under common ownership and control pay, in the
13-14 aggregate, a universal energy charge of more than $25,000 for all
13-15 consumption of natural gas and electricity during the calendar quarter,
13-16 such retail customers are entitled to a refund, for that calendar quarter,
13-17 of the amount of the universal energy charge that exceeds $25,000. To
13-18 receive a refund pursuant to this section, not later than 90 days after the
13-19 end of the calendar quarter for which the refund is requested, such retail
13-20 customers must file with the commission a request for a refund. If a
13-21 request for a refund is filed with the commission:
13-22 (a) The commission shall determine and certify the amount of the
13-23 refund; and
13-24 (b) The refund must be paid as other claims against the state are paid
13-25 from money in the fund.
13-26 Sec. 41. 1. The commission shall adopt regulations to carry out
13-27 and enforce the provisions of section 40 of this act. Such regulations may
13-28 require public utilities, municipal utilities and retail customers that are
13-29 required to collect or remit money for the universal energy charge to file
13-30 reports and to provide the commission with information relating to
13-31 compliance with the requirements of the universal energy charge.
13-32 2. In carrying out the provisions of section 40 of this act, the
13-33 commission shall solicit advice from the consumer’s advocate of the
13-34 bureau of consumer protection in the office of the attorney general,
13-35 public utilities and municipal utilities and other knowledgeable persons.
13-36 3. The commission may conduct audits and investigations of public
13-37 utilities, municipal utilities and retail customers that are required to
13-38 collect or remit money for the universal energy charge, if the commission
13-39 determines that such audits and investigations are necessary to verify
13-40 compliance with the requirements of the universal energy charge. In
13-41 conducting such audits and investigations, the commission may exercise
13-42 any of the investigative powers granted to the commission pursuant to
13-43 chapter 703 of NRS, including, without limitation, the power to issue
13-44 orders to compel the appearance of witnesses and the production of
13-45 books, accounts, papers and records.
13-46 4. To carry out its powers and duties pursuant to this chapter, the
13-47 commission is entitled to an administrative charge of not more than 3
13-48 percent of the money collected for the universal energy charge. After
13-49 deduction of its administrative charge, the commission shall deposit the
14-1 remaining money collected for the universal energy charge in the state
14-2 treasury for credit to the fund.
14-3 5. The commission may bring an appropriate action in its own name
14-4 for recovery of any money that a person fails to pay, collect or remit in
14-5 violation of the requirements of the universal energy charge.
14-6 Sec. 42. 1. There is hereby created as a special revenue fund in the
14-7 state treasury the fund for energy assistance and conservation. The
14-8 welfare division shall administer the fund.
14-9 2. In addition to the money that must be credited to the fund from the
14-10 universal energy charge, all money received from private or public
14-11 sources to carry out the purposes of this chapter must be deposited in the
14-12 state treasury for credit to the fund.
14-13 3. The welfare division shall, to the extent practicable, ensure that
14-14 the money in the fund is administered in a manner which is coordinated
14-15 with all other sources of money that are available for energy assistance
14-16 and conservation, including, without limitation, money contributed from
14-17 private sources, money obtained from the Federal Government and
14-18 money obtained from any agency or instrumentality of this state or
14-19 political subdivision of this state.
14-20 4. The interest and income earned on the money in the fund, after
14-21 deducting any applicable charges, must be credited to the fund. All
14-22 claims against the fund must be paid as other claims against the state are
14-23 paid.
14-24 5. After deduction of any refunds paid from the fund pursuant to
14-25 section 40 of this act, the money in the fund must be distributed pursuant
14-26 to sections 43 and 44 of this act.
14-27 Sec. 43. 1. Seventy-five percent of the money in the fund must be
14-28 distributed to the welfare division for programs to assist eligible
14-29 households in paying for natural gas and electricity. The welfare division
14-30 may use not more than 3 percent of the money distributed to it pursuant
14-31 to this section for its administrative expenses.
14-32 2. Except as otherwise provided in section 39 of this act, after
14-33 deduction for its administrative expenses, the welfare division may use
14-34 the money distributed to it pursuant to this section only to:
14-35 (a) Assist eligible households in paying for natural gas and electricity.
14-36 (b) Carry out activities related to consumer outreach.
14-37 (c) Pay for program design.
14-38 (d) Pay for the annual evaluations conducted pursuant to section 45
14-39 of this act.
14-40 3. Except as otherwise provided in subsection 4, to be eligible to
14-41 receive assistance from the welfare division pursuant to this section, a
14-42 household must have a household income that is not more than 150
14-43 percent of the federally designated level signifying poverty, as determined
14-44 by the welfare division.
14-45 4. The welfare division is authorized to render emergency assistance
14-46 to a household if an emergency related to the cost or availability of
14-47 natural gas or electricity threatens the health or safety of one or more of
14-48 the members of the household. Such emergency assistance may be
15-1 rendered upon the good faith belief that the household is otherwise
15-2 eligible to receive assistance pursuant to this section.
15-3 5. Before July 1, 2002, if a household is eligible to receive assistance
15-4 pursuant to this section, the welfare division shall determine the amount
15-5 of assistance that the household will receive by using the existing
15-6 formulas set forth in the state plan for low-income home energy
15-7 assistance.
15-8 6. On or after July 1, 2002, if a household is eligible to receive
15-9 assistance pursuant to this section, the welfare division:
15-10 (a) Shall, to the extent practicable, determine the amount of assistance
15-11 that the household will receive by determining the amount of assistance
15-12 that is sufficient to reduce the percentage of the household’s income that
15-13 is spent on natural gas and electricity to the median percentage of
15-14 household income spent on natural gas and electricity statewide.
15-15 (b) May adjust the amount of assistance that the household will
15-16 receive based upon such factors as:
15-17 (1) The income of the household;
15-18 (2) The size of the household;
15-19 (3) The type of energy that the household uses; and
15-20 (4) Any other factor which, in the determination of the welfare
15-21 division, may make the household particularly vulnerable to increases in
15-22 the cost of natural gas or electricity.
15-23 7. The welfare division shall adopt regulations to carry out and
15-24 enforce the provisions of this section and section 42 of this act.
15-25 8. In carrying out the provisions of this section, the welfare division
15-26 shall:
15-27 (a) Solicit advice from the housing division and from other
15-28 knowledgeable persons;
15-29 (b) Identify and implement appropriate delivery systems to distribute
15-30 money from the fund and to provide other assistance pursuant to this
15-31 section;
15-32 (c) Coordinate with other federal, state and local agencies that provide
15-33 energy assistance or conservation services to low-income persons and, to
15-34 the extent allowed by federal law and to the extent practicable, use the
15-35 same simplified application forms as those other agencies;
15-36 (d) Establish a process for evaluating the programs conducted
15-37 pursuant to this section;
15-38 (e) Develop a process for making changes to such programs; and
15-39 (f) Engage in annual planning and evaluation processes with the
15-40 housing division as required by section 45 of this act.
15-41 Sec. 44. 1. Twenty-five percent of the money in the fund must be
15-42 distributed to the housing division for programs of energy conservation,
15-43 weatherization and energy efficiency for eligible households. The
15-44 housing division may use not more than 6 percent of the money
15-45 distributed to it pursuant to this section for its administrative expenses.
15-46 2. Except as otherwise provided in section 39 of this act, after
15-47 deduction for its administrative expenses, the housing division may use
15-48 the money distributed to it pursuant to this section only to:
16-1 (a) Provide an eligible household with services of basic home energy
16-2 conservation and home energy efficiency or to assist an eligible
16-3 household to acquire such services, including, without limitation,
16-4 services of load management.
16-5 (b) Pay for appropriate improvements associated with energy
16-6 conservation, weatherization and energy efficiency.
16-7 (c) Carry out activities related to consumer outreach.
16-8 (d) Pay for program design.
16-9 (e) Pay for the annual evaluations conducted pursuant to section 45
16-10 of this act.
16-11 3. Except as otherwise provided in subsection 4, to be eligible to
16-12 receive assistance from the housing division pursuant to this section, a
16-13 household must have a household income that is not more than 150
16-14 percent of the federally designated level signifying poverty, as determined
16-15 by the housing division.
16-16 4. The housing division is authorized to render emergency assistance
16-17 to a household if the health or safety of one or more of the members of
16-18 the household is threatened because of the structural, mechanical or
16-19 other failure of:
16-20 (a) The unit of housing in which the household dwells; or
16-21 (b) A component or system of the unit of housing in which the
16-22 household dwells.
16-23 Such emergency assistance may be rendered upon the good faith belief
16-24 that the household is otherwise eligible to receive assistance pursuant to
16-25 this section.
16-26 5. The housing division shall adopt regulations to carry out and
16-27 enforce the provisions of this section.
16-28 6. In carrying out the provisions of this section, the housing division
16-29 shall:
16-30 (a) Solicit advice from the welfare division and from other
16-31 knowledgeable persons;
16-32 (b) Identify and implement appropriate delivery systems to distribute
16-33 money from the fund and to provide other assistance pursuant to this
16-34 section;
16-35 (c) Coordinate with other federal, state and local agencies that provide
16-36 energy assistance or conservation services to low-income persons and, to
16-37 the extent allowed by federal law and to the extent practicable, use the
16-38 same simplified application forms as those other agencies;
16-39 (d) Encourage other persons to provide resources and services,
16-40 including, to the extent practicable, schools and programs that provide
16-41 training in the building trades and apprenticeship programs;
16-42 (e) Establish a process for evaluating the programs conducted
16-43 pursuant to this section;
16-44 (f) Develop a process for making changes to such programs; and
16-45 (g) Engage in annual planning and evaluation processes with the
16-46 welfare division as required by section 45 of this act.
16-47 Sec. 45. 1. The welfare division and the housing division jointly
16-48 shall establish an annual plan to coordinate their activities and programs
16-49 pursuant to this chapter. In preparing the annual plan, the divisions
17-1 shall solicit advice from knowledgeable persons. The annual plan must
17-2 include, without limitation, a description of:
17-3 (a) The resources and services being used by each program and the
17-4 efforts that will be undertaken to increase or improve those resources
17-5 and services;
17-6 (b) The efforts that will be undertaken to improve administrative
17-7 efficiency;
17-8 (c) The efforts that will be undertaken to coordinate with other
17-9 federal, state and local agencies, nonprofit organizations and any private
17-10 business or trade organizations that provide energy assistance or
17-11 conservation services to low-income persons;
17-12 (d) The measures concerning program design that will be undertaken
17-13 to improve program effectiveness; and
17-14 (e) The efforts that will be taken to address issues identified during the
17-15 most recently completed annual evaluation conducted pursuant to
17-16 subsection 2.
17-17 2. The welfare division and the housing division jointly shall:
17-18 (a) Conduct an annual evaluation of the programs that each division
17-19 carries out pursuant to sections 43 and 44 of this act;
17-20 (b) Solicit advice from the commission as part of the annual
17-21 evaluation; and
17-22 (c) Prepare a report concerning the annual evaluation and submit the
17-23 report to the governor, the legislative commission and the interim finance
17-24 committee.
17-25 3. The report prepared pursuant to subsection 2 must include,
17-26 without limitation:
17-27 (a) A description of the objectives of each program;
17-28 (b) An analysis of the effectiveness and efficiency of each program in
17-29 meeting the objectives of the program;
17-30 (c) The amount of money distributed from the fund for each program
17-31 and a detailed description of the use of that money for each program;
17-32 (d) An analysis of the coordination between the divisions concerning
17-33 each program; and
17-34 (e) Any changes planned for each program.
17-35 Sec. 46. Chapter 703 of NRS is hereby amended by adding thereto a
17-36 new section to read as follows:
17-37 1. In any contested case pending before the commission, the
17-38 regulatory operations staff of the commission may, without filing a
17-39 petition for leave to intervene:
17-40 (a) Appear and participate in the contested case as an independent
17-41 party; and
17-42 (b) Be represented by legal counsel in the contested case.
17-43 2. A commissioner may not discuss with a member of the regulatory
17-44 operations staff of the commission any substantive issues of fact or law
17-45 concerning a contested case pending before the commission except upon
17-46 notice to all parties to the contested case and an opportunity for all such
17-47 parties to participate.
17-48 3. As used in this section, “contested case” has the meaning ascribed
17-49 to it in NRS 233B.032.
18-1 Sec. 47. NRS 703.030 is hereby amended to read as follows:
18-2 703.030 1. The commission consists of [three] five commissioners
18-3 appointed by the governor . [for terms of] After the initial terms, the term
18-4 of each commissioner is 4 years.
18-5 2. The governor shall appoint [as members of the commission
18-6 persons] :
18-7 (a) One commissioner to represent the general public.
18-8 (b) Four commissioners who have at least 2 years of experience in one
18-9 or more of the following fields:
18-10 [(a)] (1) Accounting.
18-11 [(b)] (2) Business administration.
18-12 [(c)] (3) Finance or economics.
18-13 [(d)] (4) Administrative law.
18-14 [(e)] (5) Professional engineering.
18-15 Not more than two of the commissioners appointed pursuant to this
18-16 paragraph may be from the same field of experience.
18-17 3. Not more than [two] three of the commissioners may be [:
18-18 (a) Members] members of the same political party.
18-19 [(b) From the same field of experience.]
18-20 4. A vacancy on the commission must be filled for the remainder of
18-21 the unexpired term in the same manner as the original appointment.
18-22 Sec. 48. NRS 703.110 is hereby amended to read as follows:
18-23 703.110 1. [The] Except as otherwise provided in subsection 2, a
18-24 majority of the commissioners [have] has full power to act in all matters
18-25 within [their jurisdiction.] the jurisdiction of the commission and shall
18-26 exercise all the powers of the commission.
18-27 2. If [two] a majority of the commissioners are disqualified or if there
18-28 are [two] vacancies within the [commission,] offices of a majority of the
18-29 commissioners, the remaining commissioners or, if only one
18-30 commissioner is remaining, the remaining commissioner [or] has full
18-31 power to act in all matters within the jurisdiction of the commission and
18-32 shall exercise all the powers of the commission.
18-33 3. Except as otherwise provided in this chapter, all hearings and
18-34 meetings conducted by the commission must be open to the public.
18-35 Sec. 49. NRS 703.130 is hereby amended to read as follows:
18-36 703.130 1. The commission shall appoint a deputy commissioner
18-37 who shall serve in the unclassified service of the state.
18-38 2. The commission shall appoint a secretary who shall perform such
18-39 administrative and other duties as are prescribed by the commission. The
18-40 commission shall also appoint an assistant secretary.
18-41 3. The commission may employ such other clerks, experts or engineers
18-42 as may be necessary.
18-43 4. Except as otherwise provided in subsection 5, the commission:
18-44 (a) May appoint one or more hearing officers for a period specified by
18-45 the commission to conduct proceedings or hearings that may be conducted
18-46 by the commission pursuant to chapters 704, 704A, 705, 708 and 711 of
18-47 NRS [.] and sections 3 to 26, inclusive, and sections 40 and 41 of this act.
18-48 (b) Shall prescribe by regulation the procedure for appealing a decision
18-49 of a hearing officer to the commission.
19-1 5. The commission shall not appoint a hearing officer to conduct
19-2 proceedings or hearings :
19-3 (a) In any matter pending before the commission pursuant to sections
19-4 8 to 18, inclusive, of [this act.] chapter 16, Statutes of Nevada 2001; or
19-5 (b) In any matter pending before the commission pursuant to NRS
19-6 704.070 to 704.110, inclusive, and sections 63 to 68, inclusive, of this act
19-7 in which an electric utility has filed a general rate application or an
19-8 application to clear its deferred accounts.
19-9 6. As used in this section, “electric utility” has the meaning ascribed
19-10 to it in section 19 of chapter 16, Statutes of Nevada 2001.
19-11 Sec. 50. NRS 703.147 is hereby amended to read as follows:
19-12 703.147 1. The public utilities commission regulatory fund is hereby
19-13 created as a special revenue fund. Except as otherwise provided in section
19-14 12 of [this act,] chapter 519, Statutes of Nevada 2001, and section 41 of
19-15 this act, all money collected by the commission pursuant to law must be
19-16 deposited in the state treasury for credit to the fund. Money collected for
19-17 the use of the consumer’s advocate of the bureau of consumer protection in
19-18 the office of the attorney general must be transferred pursuant to the
19-19 provisions of subsection 8 of NRS 704.035.
19-20 2. Money in the fund which belongs to the commission may be used
19-21 only to defray the costs of:
19-22 (a) Maintaining staff and equipment to regulate adequately public
19-23 utilities and other persons subject to the jurisdiction of the commission.
19-24 (b) Participating in all rate cases involving those persons.
19-25 (c) Audits, inspections, investigations, publication of notices, reports
19-26 and retaining consultants connected with that regulation and participation.
19-27 (d) The salaries, travel expenses and subsistence allowances of the
19-28 members of the commission.
19-29 3. All claims against the fund must be paid as other claims against the
19-30 state are paid.
19-31 4. The commission must furnish upon request a statement showing the
19-32 balance remaining in the fund as of the close of the preceding fiscal year.
19-33 Sec. 51. NRS 703.164 is hereby amended to read as follows:
19-34 703.164 1. The commission may employ, or retain on a contract
19-35 basis, legal counsel who shall:
19-36 (a) Except as otherwise provided in subsection 2, be counsel and
19-37 attorney for the commission in all actions, proceedings and hearings.
19-38 (b) Prosecute in the name of the [public utilities commission of Nevada]
19-39 commission all civil actions for the enforcement of chapters 704, 704A,
19-40 705 and 708 of NRS and sections 3 to 26, inclusive, and sections 40 and
19-41 41 of this act and for the recovery of any penalty or forfeiture provided for
19-42 therein.
19-43 (c) Generally aid the commission in the performance of its duties and
19-44 the enforcement of chapters 704, 704A, 705 and 708 of NRS [.] and
19-45 sections 3 to 26, inclusive, and sections 40 and 41 of this act.
19-46 2. Each district attorney shall:
19-47 (a) Prosecute any violation of chapter 704, 704A, 705, 708 or 711 of
19-48 NRS for which a criminal penalty is provided and which occurs in his
19-49 county.
20-1 (b) Aid in any investigation, prosecution, hearing or trial held under the
20-2 provisions of chapter 704, 704A, 705, 708 or 711 of NRS and, at the
20-3 request of the commission or its legal counsel, act as counsel and attorney
20-4 for the commission.
20-5 3. The attorney general shall, if the district attorney fails or refuses to
20-6 do so, prosecute all violations of the laws of this state by public utilities
20-7 under the jurisdiction of the commission and their officers, agents and
20-8 employees.
20-9 4. The attorney general is not precluded from appearing in or moving
20-10 to intervene in any action and representing the interest of the State of
20-11 Nevada in any action in which the commission is a party and is represented
20-12 by independent counsel.
20-13 Sec. 52. NRS 703.196 is hereby amended to read as follows:
20-14 703.196 1. Any books, accounts, records, minutes, papers and
20-15 property of any public utility that are subject to examination pursuant to
20-16 NRS 703.190 or 703.195 and are made available to the commission, any
20-17 officer or employee of the commission, the bureau of consumer protection
20-18 in the office of the attorney general or any other person under the condition
20-19 that the disclosure of such information to the public be withheld or
20-20 otherwise limited, must not be disclosed to the public unless the
20-21 commission first determines that the disclosure is justified.
20-22 2. The commission shall take such actions as are necessary to protect
20-23 the confidentiality of such information, including, without limitation:
20-24 (a) Granting such protective orders as it deems necessary; and
20-25 (b) Holding closed hearings to receive or examine such information.
20-26 3. If the commission closes a hearing to receive or examine such
20-27 information, it shall:
20-28 (a) Restrict access to the records and transcripts of such hearings
20-29 without the prior approval of the commission or an order of a court of
20-30 competent jurisdiction authorizing access to the records or transcripts; and
20-31 (b) Prohibit any participant at such a hearing from disclosing such
20-32 information without the prior authorization of the commission.
20-33 4. A representative of the regulatory operations staff of the
20-34 commission and the bureau of consumer protection:
20-35 (a) May attend any closed hearing held pursuant to this section; and
20-36 (b) Have access to any records or other information determined to be
20-37 confidential pursuant to this section.
20-38 5. The commission shall consider in an open meeting whether the
20-39 information reviewed or examined in a closed hearing may be disclosed
20-40 without revealing the confidential subject matter of the information. To the
20-41 extent the commission determines the information may be disclosed, the
20-42 information must become a part of the records available to the public.
20-43 Information which the commission determines may not be disclosed must
20-44 be kept under seal.
20-45 Sec. 53. NRS 703.197 is hereby amended to read as follows:
20-46 703.197 1. The commission may collect fees for the filing of any
20-47 official document required by this chapter and chapters 704, 704A, 705 and
20-48 708 of NRS and sections 3 to 26, inclusive, of this act or by a regulation
20-49 of the commission.
21-1 2. Filing fees may not exceed:
21-2 (a) For applications, $200.
21-3 (b) For petitions seeking affirmative relief, $200.
21-4 (c) For each tariff page which requires public notice and is not attached
21-5 to an application, $10. If more than one page is filed at one time, the total
21-6 fee may not exceed the cost of notice and publication.
21-7 (d) For all other documents which require public notice, $10.
21-8 3. If an application or other document is rejected by the commission
21-9 because it is inadequate or inappropriate, the filing fee must be returned.
21-10 4. The commission may not charge any fee for filing [a] :
21-11 (a) A complaint.
21-12 (b) A request for a refund pursuant to section 40 of this act.
21-13 Sec. 54. NRS 703.320 is hereby amended to read as follows:
21-14 703.320 1. In any matter pending before the commission, if a hearing
21-15 is required by a specific statute or is otherwise required by the commission,
21-16 the commission shall give notice of the pendency of the matter to all
21-17 persons entitled to notice of the hearing. The commission shall by
21-18 regulation specify:
21-19 (a) The manner of giving notice in each type of proceeding; and
21-20 (b) The persons entitled to notice in each type of proceeding.
21-21 2. The commission shall not dispense with a hearing [in] :
21-22 (a) In any matter pending before the commission pursuant to sections 8
21-23 to 18, inclusive, of [this act.] chapter 16, Statutes of Nevada 2001; or
21-24 (b) Except as otherwise provided in subsection 4 of NRS 704.100, in
21-25 any matter pending before the commission pursuant to NRS 704.070 to
21-26 704.110, inclusive, and sections 63 to 68, inclusive, of this act in which
21-27 an electric utility has filed a general rate application or an application to
21-28 clear its deferred accounts.
21-29 3. In any other matter pending before the commission, the commission
21-30 may dispense with a hearing and act upon the matter pending unless,
21-31 within 10 days after the date of the notice of pendency, a person entitled to
21-32 notice of the hearing files with the commission a request that the hearing
21-33 be held. If such a request for a hearing is filed, the commission shall give at
21-34 least 10 days’ notice of the hearing.
21-35 4. As used in this section, “electric utility” has the meaning ascribed
21-36 to it in section 19 of chapter 16, Statutes of Nevada 2001.
21-37 Sec. 55. NRS 703.330 is hereby amended to read as follows:
21-38 703.330 1. A complete record must be kept of all hearings before the
21-39 commission . [, and all] All testimony at such hearings must be taken
21-40 down by the stenographer appointed by the commission, or, under the
21-41 direction of any competent person appointed by the commission, must be
21-42 reported by sound recording equipment in the manner authorized for
21-43 reporting testimony in district courts. The testimony reported by a
21-44 stenographer must be transcribed, and the transcript filed with the record in
21-45 the matter. The commission may by regulation provide for the transcription
21-46 or safekeeping of sound recordings. Cost of recording and transcribing
21-47 testimony at any hearing, except those hearings ordered pursuant to NRS
21-48 703.310 , must be paid by the applicant. If a complaint is made pursuant to
21-49 NRS 703.310 by a customer or by a political subdivision of the state or
22-1 municipal organization, the complainant is not liable for any costs.
22-2 Otherwise, if there are several applicants or parties to any hearing, the
22-3 commission may apportion the costs among them in its discretion.
22-4 2. [Whenever any complaint] If a petition is served upon the
22-5 commission as provided in NRS 703.373 for the bringing of an action
22-6 against the commission, before the action is reached for trial, the
22-7 commission shall file a certified copy of all proceedings and testimony
22-8 taken with the clerk of the court in which the action is pending.
22-9 3. A copy of the proceedings and testimony must be furnished to any
22-10 party, on payment of a reasonable amount, to be fixed by the commission,
22-11 and the amount must be the same for all parties.
22-12 4. The provisions of this section do not prohibit the commission from
22-13 [restricting] :
22-14 (a) Restricting access to the records and transcripts of a hearing
22-15 pursuant to paragraph (a) of subsection 3 of NRS 703.196.
22-16 (b) Protecting the confidentiality of information pursuant to section
22-17 20 or 21 of this act.
22-18 Sec. 56. NRS 703.374 is hereby amended to read as follows:
22-19 703.374 1. A court of competent jurisdiction, after hearing, may
22-20 issue an injunction suspending or staying any final order of the commission
22-21 if:
22-22 (a) The applicant has filed a motion for a preliminary injunction;
22-23 (b) The applicant has served the motion on the commission and other
22-24 interested parties within 20 days after the rendition of the order on which
22-25 the complaint is based;
22-26 (c) The court finds there is a reasonable likelihood that the applicant
22-27 will prevail on the merits of the matter and will suffer irreparable injury if
22-28 injunctive relief is not granted; and
22-29 (d) The applicant files a bond or other undertaking to secure the adverse
22-30 parties in such manner as the court finds sufficient.
22-31 2. The decision of the commission on each matter considered shall be
22-32 deemed reasonable and just until set aside by the court . [, and in] In all
22-33 actions for an injunction or [otherwise] for any other relief, the burden of
22-34 proof is upon the party attacking or resisting the order of the commission to
22-35 show by clear and satisfactory evidence that the order is unlawful [,] or
22-36 unreasonable . [, as the case may be.]
22-37 3. If an injunction is granted by the court and the order complained of
22-38 is one which [permanently suspends] :
22-39 (a) Disapproves a public utility’s proposed changes in a schedule of
22-40 rates [and charges or a] , or any part thereof , [filed by any public utility]
22-41 pursuant to NRS 704.070 to 704.110, inclusive, [or which otherwise] and
22-42 sections 63 to 68, inclusive, of this act; or
22-43 (b) Otherwise prevents the proposed changes in the schedule , or any
22-44 part thereof , from taking effect,
22-45 the public utility complaining may [keep in effect or put] place into
22-46 effect [, as the case may be, the suspended] the proposed changes in the
22-47 schedule , or any part thereof , pending final determination by the court
22-48 having jurisdiction, by filing a bond with the court in such an amount as
22-49 the court may fix, conditioned upon the refund to persons entitled to the
23-1 excess amount if the [rate or rates so suspended] proposed changes in the
23-2 schedule, or any part thereof, are finally determined by the court to be
23-3 excessive.
23-4 Sec. 57. NRS 703.377 is hereby amended to read as follows:
23-5 703.377 1. [No] Any certificate of public convenience and necessity,
23-6 permit or license issued or transferred in accordance with the [terms]
23-7 provisions of NRS [704.005] 704.001 to 704.751, inclusive, is [either] not
23-8 a franchise or irrevocable.
23-9 2. Upon receipt of a written complaint or on its own motion, the
23-10 commission may, after investigation and hearing, revoke any certificate,
23-11 permit or license, [but as to] except that the commission may not revoke
23-12 the certificate of a public utility [only if] unless the commission has
23-13 arranged for another public utility to provide the service for which the
23-14 certificate was granted.
23-15 3. [The proceedings thereafter are governed by] If the commission
23-16 revokes any certificate, permit or license, the person who held the
23-17 certificate, permit or license may seek judicial review pursuant to the
23-18 provisions of NRS 703.373 to 703.376, inclusive.
23-19 Sec. 58. Chapter 704 of NRS is hereby amended by adding thereto the
23-20 provisions set forth as sections 59 to 68, inclusive, of this act.
23-21 Sec. 59. “Biomass” means any organic matter that is available on a
23-22 renewable basis, including, without limitation:
23-23 1. Agricultural crops and agricultural wastes and residues;
23-24 2. Wood and wood wastes and residues;
23-25 3. Animal wastes;
23-26 4. Municipal wastes; and
23-27 5. Aquatic plants.
23-28 Sec. 60. “Consumer’s advocate” means the consumer’s advocate of
23-29 the bureau of consumer protection in the office of the attorney general.
23-30 Sec. 61. “Renewable energy” has the meaning ascribed to it in
23-31 section 7 of chapter 519, Statutes of Nevada 2001.
23-32 Sec. 62. 1. For the purposes of protecting the health of residential
23-33 customers who receive gas, water or electricity from public utilities, the
23-34 commission shall adopt or amend regulations that:
23-35 (a) Establish the criteria that will be used to determine when a public
23-36 utility is required to postpone its termination of utility service to the
23-37 residence of a residential customer who has failed to pay for such
23-38 service. Such criteria may be based in part upon the residential
23-39 customer’s ability to pay.
23-40 (b) Require a public utility to postpone its termination of utility service
23-41 to the residence of a residential customer who has failed to pay for such
23-42 service if the residential customer satisfies the criteria established by the
23-43 commission and termination of the utility service is reasonably likely to
23-44 threaten the health of an occupant of the residence of the residential
23-45 customer.
23-46 2. In addition to the regulations adopted or amended pursuant to
23-47 subsection 1, for the purposes of regulating public utilities that provide
23-48 gas, water or electricity to landlords who pay for the utility service and
23-49 who distribute or resell the gas, water or electricity to one or more
24-1 residential tenants, the commission shall adopt or amend regulations to
24-2 require a public utility to use its best efforts to post, in a conspicuous
24-3 location, notice of the intent of the public utility to terminate utility
24-4 service because the landlord has failed to pay for such service. Such
24-5 notice must provide sufficient information to allow residential tenants or
24-6 their occupants to contact the public utility if termination of the utility
24-7 service is reasonably likely to threaten the health of an occupant of the
24-8 residence of a residential tenant.
24-9 3. A public utility shall not terminate utility service for gas, water or
24-10 electricity without complying with the regulations adopted by the
24-11 commission pursuant to this section.
24-12 4. As used in this section:
24-13 (a) “Gas” includes, without limitation, liquefied petroleum gas and
24-14 natural gas.
24-15 (b) “Landlord” means a landlord who is subject, in whole or in part,
24-16 to the provisions of chapter 118A or 118B of NRS.
24-17 Sec. 63. As used in NRS 704.070 to 704.110, inclusive, and sections
24-18 63 to 68, inclusive, of this act, unless the context otherwise requires, the
24-19 words and terms defined in sections 64, 65 and 66 of this act have the
24-20 meanings ascribed to them in those sections.
24-21 Sec. 64. “Application to make changes in any schedule” and
24-22 “application” include, without limitation:
24-23 1. A general rate application;
24-24 2. An application to recover the increased cost of purchased fuel,
24-25 purchased power, or natural gas purchased for resale; and
24-26 3. An application to clear deferred accounts.
24-27 Sec. 65. “Rate” means any individual or joint rate, toll or charge
24-28 imposed by a public utility for a service performed or product furnished
24-29 by the public utility.
24-30 Sec. 66. “Schedule” means any schedule that establishes or
24-31 otherwise sets the rates for a public utility and any individual or joint
24-32 rule, regulation, practice, classification or measurement that in any
24-33 manner affects those rates.
24-34 Sec. 67. For the purposes of NRS 704.070 to 704.110, inclusive, and
24-35 sections 63 to 68, inclusive, of this act, a public utility shall be deemed to
24-36 make changes in a schedule if the public utility implements a new
24-37 schedule or amends an existing schedule.
24-38 Sec. 68. 1. The commission shall conduct a consumer session to
24-39 solicit comments from the public in any matter pending before the
24-40 commission pursuant to NRS 704.070 to 704.110, inclusive, and sections
24-41 63 to 68, inclusive, of this act in which:
24-42 (a) A public utility has filed a general rate application, an application
24-43 to recover the increased cost of purchased fuel, purchased power, or
24-44 natural gas purchased for resale or an application to clear its deferred
24-45 accounts; and
24-46 (b) The changes proposed in the application will result in an increase
24-47 in annual gross operating revenue, as certified by the applicant, in an
24-48 amount that will exceed $50,000 or 10 percent of the applicant’s annual
24-49 gross operating revenue, whichever is less.
25-1 2. In addition to the case-specific consumer sessions required by
25-2 subsection 1, the commission shall, during each calendar year, conduct
25-3 at least one general consumer session in the county with the largest
25-4 population in this state and at least one general consumer session in the
25-5 county with the second largest population in this state. At each general
25-6 consumer session, the commission shall solicit comments from the public
25-7 on issues concerning public utilities. Not later than 60 days after each
25-8 general consumer session, the commission shall submit the record from
25-9 the general consumer session to the legislative commission.
25-10 Sec. 69. NRS 704.005 is hereby amended to read as follows:
25-11 704.005 As used in this chapter, unless the context otherwise requires,
25-12 the words and terms defined in NRS 704.010 to 704.030, inclusive, and
25-13 sections 59 and 60 of this act have the meanings ascribed to them in those
25-14 sections.
25-15 Sec. 70. NRS 704.033 is hereby amended to read as follows:
25-16 704.033 1. The commission shall levy and collect an annual
25-17 assessment from all public utilities subject to the jurisdiction of the
25-18 commission.
25-19 2. Except as otherwise provided in subsection 3, the annual assessment
25-20 must be:
25-21 (a) For the use of the commission, not more than 3.50 mills; and
25-22 (b) For the use of the consumer’s advocate , [of the bureau of consumer
25-23 protection in the office of the attorney general,] not more than
25-24 0.75 mills,
25-25 on each dollar of gross operating revenue derived from the intrastate
25-26 operations of such utilities in the State of Nevada, except that the minimum
25-27 assessment in any 1 year must be $10. The total annual assessment must be
25-28 not more than 4.25 mills.
25-29 3. For railroads the total annual assessment must be the amount levied
25-30 for the use of the commission pursuant to paragraph (a) of subsection 2.
25-31 The levy for the use of the consumer’s advocate must not be assessed
25-32 against railroads.
25-33 4. The gross operating revenue of the utilities must be determined for
25-34 the preceding calendar year. In the case of:
25-35 (a) Telephone utilities, except as otherwise provided in paragraph (c),
25-36 the revenue shall be deemed to be all intrastate revenues that are
25-37 considered by the commission for the purpose of establishing rates.
25-38 (b) Railroads, the revenue shall be deemed to be the revenue received
25-39 only from freight and passenger intrastate movements.
25-40 (c) All public utilities, the revenue does not include the proceeds of any
25-41 commodity, energy or service furnished to another public utility for resale.
25-42 Sec. 71. NRS 704.035 is hereby amended to read as follows:
25-43 704.035 1. On or before June 1 of each year, the commission shall
25-44 mail revenue report forms to all public utilities under its jurisdiction, to the
25-45 address of those utilities on file with the commission. The revenue report
25-46 form serves as notice of the commission’s intent to assess the utilities, but
25-47 failure to notify any utility does not invalidate the assessment with respect
25-48 thereto.
26-1 2. Each public utility subject to the provisions of NRS 704.033 shall
26-2 complete the revenue report referred to in subsection 1, compute the
26-3 assessment and return the completed revenue report to the commission
26-4 accompanied by payment of the assessment and any penalty due, pursuant
26-5 to the provisions of subsection 5.
26-6 3. The assessment is due on July 1 of each year, but may, at the option
26-7 of the public utility, be paid quarterly on July 1, October 1, January 1 and
26-8 April 1.
26-9 4. The assessment computed by the utility is subject to review and
26-10 audit by the commission, and the amount of the assessment may be
26-11 adjusted by the commission as a result of the audit and review.
26-12 5. Any public utility failing to pay the assessment provided for in NRS
26-13 704.033 on or before August 1, or if paying quarterly, on or before
26-14 August 1, October 1, January 1 or April 1, shall pay, in addition to such
26-15 assessment, a penalty of 1 percent of the total unpaid balance for each
26-16 month or portion thereof that the assessment is delinquent, or $10,
26-17 whichever is greater, but no penalty may exceed $1,000 for each
26-18 delinquent payment.
26-19 6. When a public utility sells, transfers or conveys substantially all of
26-20 its assets or certificate of public convenience and necessity, the
26-21 commission shall determine, levy and collect the accrued assessment for
26-22 the current year not later than 30 days after the sale, transfer or
26-23 conveyance, unless the transferee has assumed liability for the assessment.
26-24 For purposes of this subsection the jurisdiction of the commission over the
26-25 selling, transferring or conveying public utility continues until it has paid
26-26 the assessment.
26-27 7. The commission may bring an appropriate action in its own name
26-28 for the collection of any assessment and penalty which is not paid as
26-29 provided in this section.
26-30 8. The commission shall, on a quarterly basis, transfer to the account
26-31 for the consumer’s advocate [of the bureau of consumer protection in the
26-32 office of the attorney general] that portion of the assessments collected
26-33 which belongs to the consumer’s advocate.
26-34 Sec. 72. NRS 704.070 is hereby amended to read as follows:
26-35 704.070 Unless exempt under the provisions of NRS 704.075 ,
26-36 704.095 or 704.097:
26-37 1. [Every] Each public utility shall file with the commission, within a
26-38 time to be fixed by the commission, a copy of all schedules [which] that
26-39 are currently in force for the public utility. Such schedules must be open
26-40 to public inspection . [, showing all rates, tolls and charges which it has
26-41 established and which are in force at the time for any service performed or
26-42 product furnished in connection therewith by any public utility controlled
26-43 and operated by it.
26-44 2. All rules or regulations that in any manner affect the rates charged
26-45 or to be charged for any service or product must be filed with that
26-46 schedule.]
26-47 2. A copy of each schedule that is currently in force for the public
26-48 utility, or so much of the schedule as the commission deems necessary
26-49 for inspection by the public, must be:
27-1 (a) Printed in plain type and posted in each office of the public utility
27-2 where payments are made to the public utility by its customers; and
27-3 (b) Open to inspection by the public and in such form and place as to
27-4 be readily accessible to and conveniently inspected by the public.
27-5 Sec. 73. NRS 704.075 is hereby amended to read as follows:
27-6 704.075 1. As used in this section, with respect to the sale of natural
27-7 gas:
27-8 (a) “Generating customer” means a customer who generates electricity
27-9 by burning natural gas.
27-10 (b) “Industrial customer” means a customer engaged primarily in
27-11 manufacturing or processing which changes raw or unfinished materials
27-12 into another form or creates another product.
27-13 (c) “Large commercial customer” means a customer whose
27-14 requirements equal or exceed [50 thousand] 50,000 cubic feet of natural
27-15 gas per day on any day and which is an institution, an agency of federal,
27-16 state or local government, or engaged primarily in renting out offices or
27-17 other commercial space, in providing lodging or in the sale of other goods
27-18 or services.
27-19 2. The commission shall establish standards for the setting, increase or
27-20 decrease of rates [and charges] for natural gas to generating, industrial and
27-21 large commercial customers. These standards must authorize increases or
27-22 decreases on less than 30 days’ notice. Establishing different classes of
27-23 customers, and charging different rates to customers of the same class, for
27-24 these customers do not violate this chapter.
27-25 3. The commission may, for sales to generating, industrial and large
27-26 commercial customers:
27-27 (a) Exempt the [filing of] rates for natural gas from those provisions of
27-28 NRS [704.080, 704.090,] 704.070, 704.100 and 704.110 [which it] that the
27-29 commission determines are not needed to protect the public interest.
27-30 (b) Authorize the establishment of different classes of customer or the
27-31 charging of different rates for customers of the same class, based on value
27-32 of the service and on the customer’s ability to change from one fuel to
27-33 another.
27-34 Sec. 74. NRS 704.100 is hereby amended to read as follows:
27-35 704.100 Except as otherwise provided in NRS 704.075 or as may
27-36 otherwise be provided by the commission pursuant to NRS 704.095 [,
27-37 704.097 or 704.275:
27-38 1. No changes may be made] or 704.097:
27-39 1. A public utility shall not make changes in any schedule, [including
27-40 schedules of joint rates, or in the rules or regulations affecting any rates or
27-41 charges, except upon 30 days’ notice to the commission, and all changes
27-42 must be plainly indicated, or by filing new schedules in lieu thereof 30
27-43 days before the time the schedules are to take effect. The commission,
27-44 upon application of any public utility, may prescribe a shorter time within
27-45 which a reduction may be made.
27-46 2. Copies] unless the public utility:
27-47 (a) Files with the commission an application to make the proposed
27-48 changes and the commission approves the proposed changes pursuant to
27-49 NRS 704.110; or
28-1 (b) Files the proposed changes with the commission using a letter of
28-2 advice in accordance with the provisions of subsection 4.
28-3 2. A public utility shall post copies of all proposed[,] schedules and
28-4 all new or amended schedules [must be filed and posted in the offices of
28-5 public utilities as required for original schedules.] in the same offices and
28-6 in substantially the same form, manner and places as required by NRS
28-7 704.070 for the posting of copies of schedules that are currently in force.
28-8 3. A public utility may not set forth as justification for a rate increase
28-9 any items of expense or rate base [which] that previously have been
28-10 considered and disallowed by the commission, [only if] unless those items
28-11 are clearly identified in the application and new facts or considerations of
28-12 policy for each item are advanced in the application to justify a reversal of
28-13 the [commission’s] prior decision[.
28-14 4. The commission shall determine whether a hearing must be held
28-15 when] of the commission.
28-16 4. Except as otherwise provided in subsection 5, if the proposed
28-17 change in any schedule [stating a new or revised individual or joint rate,
28-18 fare or charge, or any new or revised individual or joint regulation or
28-19 practice affecting any rate, fare or charge,] does not change any rate or
28-20 will result in an increase in annual gross operating revenue , as certified by
28-21 the [applicant of $2,500 or less.] public utility, in an amount that does not
28-22 exceed $2,500:
28-23 (a) The public utility may file the proposed change with the
28-24 commission using a letter of advice in lieu of filing an application; and
28-25 (b) The commission shall determine whether it should dispense with a
28-26 hearing regarding the proposed change.
28-27 5. If the applicant is a public utility furnishing telephone service and
28-28 the proposed change in any schedule will result in an increase in annual
28-29 gross operating revenue, as certified by the applicant, in an amount that
28-30 does not exceed $50,000 or 10 percent of the applicant’s annual gross
28-31 operating revenue, whichever is less, the commission shall determine
28-32 whether it should dispense with a hearing regarding the proposed
28-33 change.
28-34 6. In making the determination pursuant to subsection 4 or 5, the
28-35 commission shall first consider all timely written protests, any presentation
28-36 that the regulatory operations staff of the commission may desire to
28-37 present, the application or letter of advice of the public utility and any
28-38 other matters deemed relevant by the commission.
28-39 Sec. 75. NRS 704.110 is hereby amended to read as follows:
28-40 704.110 Except as otherwise provided in NRS 704.075 or as may
28-41 otherwise be provided by the commission pursuant to NRS 704.095 or
28-42 704.097:
28-43 1. [Whenever there is filed] If a public utility files with the
28-44 commission an application to make changes in any schedule [stating a
28-45 new or revised individual or joint rate or charge, or any new or revised
28-46 individual or joint regulation or practice affecting any rate or charge, or
28-47 any schedule resulting] , including, without limitation, changes that will
28-48 result in a discontinuance, modification or restriction of service, the
28-49 commission [may, upon complaint or upon its own motion without
29-1 complaint, at once, without answer or formal pleading by the interested
29-2 utility, investigate or, upon reasonable notice, conduct a hearing
29-3 concerning] shall investigate the propriety of the [rate, charge,
29-4 classification, regulation, discontinuance, modification, restriction or
29-5 practice.
29-6 2. Pending the investigation or hearing and the decision thereon, the
29-7 commission, upon delivering to the utility affected thereby a statement in
29-8 writing of its reasons for the suspension, may suspend the operation of the
29-9 schedule and defer the use of the rate, charge, classification, regulation,
29-10 discontinuance, modification, restriction or practice. If the rate, charge,
29-11 classification, regulation, discontinuance, modification, restriction or
29-12 practice is part of:
29-13 (a) A filing made pursuant to subsection 7, the suspension must not be
29-14 effective for more than 90 days beyond the time when the rate, charge,
29-15 classification, regulation, discontinuance, modification, restriction or
29-16 practice would otherwise go into effect.
29-17 (b) Any other filing made pursuant to this section, the suspension must
29-18 not be effective for more than 150 days beyond the time when the rate,
29-19 charge, classification, regulation, discontinuance, modification, restriction
29-20 or practice would otherwise go into effect.
29-21 3. Whenever there is filed] proposed changes to determine whether to
29-22 approve or disapprove the proposed changes. If an electric utility files
29-23 such an application and the application is a general rate application or
29-24 an application to clear its deferred accounts, the consumer’s advocate
29-25 shall be deemed a party of record.
29-26 2. Except as otherwise provided in subsection 3, if a public utility
29-27 files with the commission an application to make changes in any
29-28 schedule, not later than 180 days after the date on which the application
29-29 is filed, the commission shall issue a written order approving or
29-30 disapproving, in whole or in part, the proposed changes.
29-31 3. If a public utility files with the commission [any schedule stating an
29-32 increased individual or joint rate or charge for service or equipment,] a
29-33 general rate application, the public utility shall submit with its application
29-34 a statement showing the recorded results of revenues, expenses,
29-35 investments and costs of capital for its most recent 12 months for which
29-36 data were available when the application was prepared. [During any
29-37 hearing concerning the increased rates or charges determined by the
29-38 commission to be necessary,] In determining whether to approve or
29-39 disapprove any increased rates, the commission shall consider evidence in
29-40 support of the increased rates [or charges] based upon actual recorded
29-41 results of operations for the same 12 months, adjusted for increased
29-42 revenues, any increased investment in facilities, increased expenses for
29-43 depreciation, certain other operating expenses as approved by the
29-44 commission and changes in the costs of securities which are known and are
29-45 measurable with reasonable accuracy at the time of filing and which will
29-46 become effective within 6 months after the last month of those 12 months,
29-47 but [no new rates or charges may be placed] the public utility shall not
29-48 place into effect any increased rates until the changes have been
29-49 experienced and certified by the public utility to the commission [.] and
30-1 the commission has approved the increased rates. The commission shall
30-2 also consider evidence supporting expenses for depreciation, calculated on
30-3 an annual basis, applicable to major components of the public utility’s
30-4 plant placed into service during the recorded test period or the period for
30-5 certification as set forth in the application. Adjustments to revenues,
30-6 operating expenses and costs of securities must be calculated on an annual
30-7 basis. Within 90 days after the [filing with the commission of] date on
30-8 which the certification required [in] by this subsection [, or before the
30-9 expiration of any period of suspension ordered pursuant to subsection 2,] is
30-10 filed with the commission, or within 180 days after the date on which the
30-11 general rate application is filed with the commission, whichever time is
30-12 longer, the commission shall make such order in reference to [those rates
30-13 or charges] the increased rates as is required by this chapter. An electric
30-14 utility shall file a general rate application pursuant to this subsection at
30-15 least once every 24 months.
30-16 4. [After full investigation or hearing, whether completed before or
30-17 after the date upon which the rate, charge, classification, regulation,
30-18 discontinuance, modification, restriction or practice is to go into effect, the
30-19 commission may make such order in reference to the rate, charge,
30-20 classification, regulation, discontinuance, modification, restriction or
30-21 practice as would be proper in a proceeding initiated after the rate, charge,
30-22 classification, regulation, discontinuance, modification, restriction or
30-23 practice has become effective.
30-24 5. Except as otherwise provided in subsection 6, whenever] If a public
30-25 utility files with the commission an application to make changes in any
30-26 schedule and the commission does not issue a final written order
30-27 regarding the proposed changes within the time required by this section,
30-28 the proposed changes shall be deemed to be approved by the commission.
30-29 5. If a public utility files with the commission a general rate
30-30 application [for an increased rate or charge for, or classification, regulation,
30-31 discontinuance, modification, restriction or practice involving service or
30-32 equipment has been filed with the commission, a] , the public utility shall
30-33 not [submit] file with the commission another general rate application until
30-34 all pending general rate applications [for increases in rates submitted] filed
30-35 by that public utility have been decided by the commission unless, after
30-36 application and hearing, the commission determines that a substantial
30-37 financial emergency would exist if the [other application] public utility is
30-38 not permitted to [be submitted] file another general rate application
30-39 sooner. The provisions of this subsection do not prohibit the public utility
30-40 from filing with the commission, while a general rate application is
30-41 pending, an application to recover the increased cost of purchased fuel,
30-42 purchased power, or natural gas purchased for resale pursuant to
30-43 subsection 6 or an application to clear its deferred accounts pursuant to
30-44 subsection 7, if the public utility is otherwise authorized by those
30-45 provisions to file such an application.
30-46 6. A public utility may file an application to recover the increased cost
30-47 of purchased fuel, purchased power, or natural gas purchased for resale
30-48 once every 30 days. The provisions of this subsection do not apply to an
31-1 electric utility using deferred accounting pursuant to section 19 of [this
31-2 act.] chapter 16, Statutes of Nevada 2001.
31-3 7. Except as otherwise provided in subsection 8 [, whenever] and
31-4 subsection 4 of NRS 704.100, if an electric utility using deferred
31-5 accounting pursuant to section 19 of [this act] chapter 16, Statutes of
31-6 Nevada 2001, files an application to clear its deferred accounts and to
31-7 change one or more of its rates [or charges] based upon changes in the
31-8 costs for purchased fuel or purchased power, the commission, after a public
31-9 hearing and by an appropriate order:
31-10 (a) Shall allow the electric utility to clear its deferred accounts by
31-11 refunding any credit balance or recovering any debit balance over a period
31-12 not to exceed 3 years, as determined by the commission.
31-13 (b) Shall not allow the electric utility to recover any debit balance, or
31-14 portion thereof, in an amount that would result in a rate of return during the
31-15 period of recovery that exceeds the rate of return authorized by the
31-16 commission in the most recently completed rate proceeding for the electric
31-17 utility.
31-18 8. Before allowing an electric utility to clear its deferred accounts
31-19 pursuant to subsection 7, the commission shall determine whether the costs
31-20 for purchased fuel and purchased power that the electric utility recorded in
31-21 its deferred accounts are recoverable and whether the revenues that the
31-22 electric utility collected from customers in this state for purchased fuel and
31-23 purchased power are properly recorded and credited in its deferred
31-24 accounts. The commission shall not allow the electric utility to recover any
31-25 costs for purchased fuel and purchased power that were the result of any
31-26 practice or transaction that was undertaken, managed or performed
31-27 imprudently by the electric utility.
31-28 9. [Whenever] If an electric utility files an application to clear its
31-29 deferred accounts pursuant to subsection 7 while a general rate application
31-30 is pending, the electric utility shall:
31-31 (a) Submit with its application to clear its deferred accounts information
31-32 relating to the cost of service and rate design; and
31-33 (b) Supplement its general rate application with the same information, if
31-34 such information was not submitted with the general rate application.
31-35 10. A utility facility identified in a 3-year plan submitted pursuant to
31-36 NRS 704.741 and accepted by the commission for acquisition or
31-37 construction pursuant to NRS 704.751 and the regulations adopted
31-38 pursuant thereto shall be deemed to be a prudent investment. The utility
31-39 may recover all just and reasonable costs of planning and constructing such
31-40 a facility.
31-41 11. As used in this section, “electric utility” has the meaning ascribed
31-42 to it in section 19 of [this act.] chapter 16, Statutes of Nevada 2001.
31-43 Sec. 76. NRS 704.329 is hereby amended to read as follows:
31-44 704.329 1. Except as otherwise provided in [this section,] subsection
31-45 6, a person shall not merge with, directly acquire, indirectly acquire
31-46 through a subsidiary or affiliate, or otherwise directly or indirectly obtain
31-47 control of a public utility doing business in this state or an entity that holds
31-48 a controlling interest in such a public utility without first submitting to the
31-49 commission an application for authorization of the proposed [merger,
32-1 acquisition or other] transaction and obtaining authorization from the
32-2 commission.
32-3 2. Any [merger, acquisition or other] transaction that violates the
32-4 provisions of this section is void and unenforceable and is not valid for any
32-5 purpose.
32-6 3. Before authorizing a proposed [merger, acquisition or other]
32-7 transaction pursuant to this section, the commission shall consider the
32-8 effect of the proposed [merger, acquisition or other] transaction on the
32-9 public interest and the customers in this state. The commission shall not
32-10 authorize the proposed [merger, acquisition or other] transaction unless the
32-11 commission finds that the proposed [merger, acquisition or other]
32-12 transaction:
32-13 (a) Will be in the public interest; and
32-14 (b) Complies with the provisions of sections 8 to 18, inclusive, of [this
32-15 act,] chapter 16, Statutes of Nevada 2001, if the proposed [merger,
32-16 acquisition or other] transaction is subject to those provisions.
32-17 4. The commission may base its authorization of the proposed [merger,
32-18 acquisition or other] transaction upon such terms, conditions or
32-19 modifications as the commission deems appropriate.
32-20 5. If the commission does not issue a final order regarding the
32-21 proposed [merger, acquisition or other] transaction within 180 days after
32-22 the date on which an application or amended application for authorization
32-23 of the proposed [merger, acquisition or other] transaction was filed with the
32-24 commission, and the proposed [merger, acquisition or other] transaction is
32-25 not subject to the provisions of sections 8 to 18, inclusive, of [this act,]
32-26 chapter 16, Statutes of Nevada 2001, the proposed [merger, acquisition or
32-27 other] transaction shall be deemed to be authorized by the commission.
32-28 6. The provisions of this section do not apply to [the]:
32-29 (a) The transfer of stock of a public utility doing business in this state or
32-30 to the transfer of the stock of an entity [holding]that holds a controlling
32-31 interest in such a public utility, if a transfer of not more than 25 percent of
32-32 the common stock of such a public utility or entity is proposed.
32-33 (b) Except as otherwise provided in this paragraph, a proposed
32-34 transaction involving a public utility doing business in this state
32-35 providing telecommunication services or an entity that holds a
32-36 controlling interest in such a public utility if, in the most recently
32-37 completed calendar year, not more than 10 percent of the gross operating
32-38 revenue of the public utility or the entity that holds a controlling interest
32-39 in the public utility was derived from intrastate telecommunication
32-40 services provided to retail customers in this state by the public utility.
32-41 Such a proposed transaction is not exempted from the provisions of this
32-42 section if:
32-43 (1) Not later than 30 days after the date on which the person
32-44 undertaking the proposed transaction submits the notification required
32-45 by 15 U.S.C. § 18a, the regulatory operations staff of the commission or
32-46 the consumer’s advocate requests an order from the commission
32-47 requiring the person to file an application for authorization of the
32-48 proposed transaction;
33-1 (2) The request alleges in sufficient detail that the proposed
33-2 transaction may materially affect retail customers of public utilities in
33-3 this state; and
33-4 (3) The commission issues an order requiring the person to file an
33-5 application for authorization of the proposed transaction.
33-6 7. As used in this section:
33-7 (a) “Person” means:
33-8 (1) A natural person;
33-9 (2) Any form of business or social organization and any other
33-10 nongovernmental legal entity, including, without limitation, a
33-11 corporation, partnership, association, trust or unincorporated
33-12 organization;
33-13 (3) A government or an agency or instrumentality of a government,
33-14 including, without limitation, this state or an agency or instrumentality
33-15 of this state; and
33-16 (4) A political subdivision of this state or of any other government
33-17 or an agency or instrumentality of a political subdivision of this state or
33-18 of any other government.
33-19 (b) “Transaction” means a merger, acquisition or change in control
33-20 described in subsection 1.
33-21 Sec. 77. NRS 704.68964 is hereby amended to read as follows:
33-22 704.68964 1. An electing carrier may, pursuant to this section and in
33-23 accordance with NRS 704.68976, exercise flexibility in the pricing of:
33-24 (a) Competitive services and discretionary services. The commission
33-25 shall not specify a maximum rate for any competitive services or
33-26 discretionary services of the electing carrier. The electing carrier shall, with
33-27 regard to any competitive or discretionary service that it provides, set the
33-28 price of that service above the price floor of the service.
33-29 (b) A package of services, which may include basic network services,
33-30 competitive services, discretionary services and other essential services.
33-31 2. Except as otherwise provided in this subsection, an electing carrier
33-32 may, upon 30-days’ notice to the commission in writing, exercise
33-33 flexibility in the pricing of its services pursuant to subsection 1 and is
33-34 exempt, with respect to the pricing of its services, from the provisions of
33-35 NRS 704.100 and 704.110 and the regulations of the commission relating
33-36 thereto. The notice must include a description in reasonable detail of:
33-37 (a) The characteristics of the services that will be subject to flexibility in
33-38 pricing;
33-39 (b) The terms and conditions applicable to the services;
33-40 (c) The nature of any limitations on the duration or geographical
33-41 availability of the services;
33-42 (d) The price or prices of the services or packages of services; and
33-43 (e) A certificate which provides that the electing carrier has prepared a
33-44 cost study of the price floor to support the price or prices for each service
33-45 and that, on and after the date on which the notice is filed with the
33-46 commission, any affected person may, upon request, inspect and copy the
33-47 cost study, subject to reasonable terms and conditions of any applicable
33-48 confidentiality and nondisclosure agreement relating to the
33-49 services.
34-1 The notice requirements of this subsection do not apply to an electing
34-2 carrier with respect to the pricing of competitive services or for packages
34-3 comprised exclusively of competitive services.
34-4 3. The price for a package of services must not be lower than the lesser
34-5 of:
34-6 (a) The sum of the price floors for each of the services contained in the
34-7 package; or
34-8 (b) The sum of the prices of the basic network services, as set forth in
34-9 the tariffs of the electing carrier, and the price floors for each of the other
34-10 services contained in the package.
34-11 4. The commission shall not specify a maximum rate for a package of
34-12 services.
34-13 5. Each of the services included in a package pursuant to paragraph (b)
34-14 of subsection 1 must be made available on an individual basis.
34-15 6. An electing carrier must provide 30-days’ notice to the
34-16 commission in writing before the electing carrier may implement any
34-17 amendment or change to an existing service noticed pursuant to
34-18 subsection 2.
34-19 Sec. 78. NRS 704.68972 is hereby amended to read as follows:
34-20 704.68972 1. An electing carrier may introduce new services upon
34-21 30-days’ notice to the commission in writing. The notice must include a
34-22 description in reasonable detail of:
34-23 (a) The characteristics of each new service;
34-24 (b) The terms and conditions applicable to each new service;
34-25 (c) The nature of any limitations on the duration or geographical
34-26 availability of each new service;
34-27 (d) The price or prices of each new service; and
34-28 (e) A certificate that provides that the electing carrier has prepared a
34-29 cost study of the price floor to support the price or prices for each new
34-30 service and that, on and after the date on which the notice is filed with the
34-31 commission, any affected person may, upon request, inspect and copy the
34-32 cost study, subject to reasonable terms and conditions of any applicable
34-33 confidentiality and nondisclosure agreement.
34-34 2. Each new service is subject to the conditions set forth in NRS
34-35 704.68964.
34-36 3. Each new service is exempt from the provisions of NRS 704.100
34-37 and 704.110 and the regulations of the commission relating thereto.
34-38 4. Unless otherwise classified by the commission as a competitive
34-39 service pursuant to its regulations, a new service must be classified as a
34-40 discretionary service for which the commission shall not specify a
34-41 maximum rate. The electing carrier shall set the price of the new service
34-42 above the price floor of the service.
34-43 5. As used in this section, a “new service” means a telecommunication
34-44 service:
34-45 (a) That provides a function, feature or capability which is materially
34-46 different from any service or services previously offered by the carrier; or
34-47 (b) Combines two or more previously provided new services.
35-1 Sec. 79. NRS 704.743 is hereby amended to read as follows:
35-2 704.743 1. A utility which supplies electricity in this state may apply
35-3 to the commission for authority to charge, as part of a program of optional
35-4 pricing, a higher rate for electricity that is generated from renewable
35-5 energy.
35-6 2. The program may provide the customers of the utility with the
35-7 option of paying a higher rate for electricity to support the increased use by
35-8 the utility of renewable energy in the generation of electricity.
35-9 3. As used in this section [:
35-10 (a) “Biomass” has the meaning ascribed to it in section 4 of this act.
35-11 (b) “Renewable energy” means a source of energy that occurs naturally
35-12 or is regenerated naturally, including, without limitation:
35-13 (1) Wind;
35-14 (2) Solar energy;
35-15 (3) Geothermal energy; and
35-16 (4) Biomass.
35-17 The term does not include coal, natural gas, oil, propane or any other fossil
35-18 fuel, or nuclear energy.] , “renewable energy” has the meaning ascribed
35-19 to it in section 7 of chapter 519, Statutes of Nevada 2001.
35-20 Sec. 80. NRS 704.767 is hereby amended to read as follows:
35-21 704.767 As used in NRS [704.767] 704.766 to 704.775, inclusive,
35-22 unless the context otherwise requires, the words and terms defined in NRS
35-23 704.768 to 704.772, inclusive, and section 61 of this act have the
35-24 meanings ascribed to them in those sections.
35-25 Sec. 81. NRS 704.771 is hereby amended to read as follows:
35-26 704.771 “Net metering system” means a facility or energy system for
35-27 the [production of electrical energy] generation of electricity that:
35-28 1. Uses [wind or solar] renewable energy as its primary source of
35-29 [fuel;] energy to generate electricity;
35-30 2. Has a generating capacity of not more than 10 kilowatts;
35-31 3. Is located on the customer-generator’s premises;
35-32 4. Operates in parallel with the utility’s transmission and distribution
35-33 facilities; and
35-34 5. Is intended primarily to offset part or all of the customer-generator’s
35-35 requirements for electricity.
35-36 Sec. 82. NRS 704.773 is hereby amended to read as follows:
35-37 704.773 1. A utility shall offer net metering, as set forth in NRS
35-38 704.775, to the customer-generators operating within its service area .
35-39 [until 100 of those customer-generators have accepted the offer.]
35-40 2. A utility:
35-41 (a) Shall offer to make available to each of its customer-generators who
35-42 has accepted its offer for net metering an energy meter that is capable of
35-43 registering the flow of electricity in two directions.
35-44 (b) May, at its own expense and with the written consent of the
35-45 customer-generator, install one or more additional meters to monitor the
35-46 flow of electricity in each direction.
35-47 (c) Shall not charge a customer-generator any fee or charge that would
35-48 increase the customer-generator’s minimum monthly charge to an amount
36-1 greater than that of other customers of the utility in the same rate class as
36-2 the customer-generator.
36-3 Sec. 83. NRS 704.775 is hereby amended to read as follows:
36-4 704.775 1. The billing period for net metering may be either a
36-5 monthly period or, with the written consent of the customer-generator, an
36-6 annual period.
36-7 2. The net energy measurement must be calculated in the following
36-8 manner:
36-9 (a) The utility shall measure the net electricity produced or consumed
36-10 during the billing period, in accordance with normal metering practices.
36-11 (b) If the electricity supplied by the utility exceeds the electricity
36-12 generated by the customer-generator which is fed back to the utility during
36-13 the billing period, the customer-generator must be billed for the net
36-14 electricity supplied by the utility.
36-15 (c) If the electricity generated by the customer-generator which is fed
36-16 back to the utility exceeds the electricity supplied by the utility during the
36-17 billing period [, neither] :
36-18 (1) Neither the utility nor the customer-generator is entitled to
36-19 compensation for electricity provided to the other during the billing period
36-20 [.] ; and
36-21 (2) The excess electricity which is fed back to the utility shall be
36-22 deemed to be electricity that the utility generated or acquired from a
36-23 renewable energy system for the purposes of complying with its portfolio
36-24 standard pursuant to sections 3 to 12, inclusive, of chapter 519, Statutes
36-25 of Nevada 2001.
36-26 Sec. 84. NRS 228.360 is hereby amended to read as follows:
36-27 228.360 The consumer’s advocate:
36-28 1. Shall intervene in and represent the public interest in [all] :
36-29 (a) All proceedings conducted pursuant to sections 8 to 18, inclusive, of
36-30 [this act.] chapter 16, Statutes of Nevada 2001; and
36-31 (b) All proceedings conducted pursuant to NRS 704.070 to 704.110,
36-32 inclusive, and sections 63 to 68, inclusive, of this act in which an electric
36-33 utility has filed a general rate application or an application to clear its
36-34 deferred accounts.
36-35 2. May, with respect to all public utilities except railroads and
36-36 cooperative utilities, and except as otherwise provided in NRS 228.380:
36-37 (a) Conduct or contract for studies, surveys, research or expert
36-38 testimony relating to matters affecting the public interest or the interests of
36-39 utility customers.
36-40 (b) Examine any books, accounts, minutes, records or other papers or
36-41 property of any public utility subject to the regulatory authority of the
36-42 public utilities commission of Nevada in the same manner and to the same
36-43 extent as authorized by law for members of the public utilities commission
36-44 of Nevada and its staff.
36-45 (c) Except as otherwise provided in subsection 1, petition for, request,
36-46 initiate, appear or intervene in any proceeding concerning rates, charges,
36-47 tariffs, modifications of service or any related matter before the public
36-48 utilities commission of Nevada or any court, regulatory body, board,
36-49 commission or agency having jurisdiction over any matter which the
37-1 consumer’s advocate may bring before or has brought before the public
37-2 utilities commission of Nevada or in which the public interest or the
37-3 interests of any particular class of utility customers are involved. The
37-4 consumer’s advocate may represent the public interest or the interests of
37-5 any particular class of utility customers in any such proceeding, and he is a
37-6 real party in interest in the proceeding.
37-7 3. As used in this section, “electric utility” has the meaning ascribed
37-8 to it in section 19 of chapter 16, Statutes of Nevada 2001.
37-9 Sec. 85. NRS 228.390 is hereby amended to read as follows:
37-10 228.390 Except as otherwise provided in NRS 704.110 and sections 8
37-11 to 18, inclusive, of [this act:] chapter 16, Statutes of Nevada 2001:
37-12 1. The consumer’s advocate has sole discretion to represent or refrain
37-13 from representing the public interest and any class of customers in any
37-14 proceeding.
37-15 2. In exercising his discretion, the consumer’s advocate shall consider
37-16 the importance and extent of the public interest or the customers’ interests
37-17 involved and whether those interests would be adequately represented
37-18 without his participation.
37-19 3. If the consumer’s advocate determines that there would be a conflict
37-20 between the public interest and any particular class of customers or any
37-21 inconsistent interests among the classes of customers involved in a
37-22 particular matter, he may choose to represent one of the interests, to
37-23 represent no interest, or to represent one interest through his office and
37-24 another or others through outside counsel engaged on a case basis.
37-25 Sec. 86. Chapter 349 of NRS is hereby amended by adding thereto the
37-26 provisions set forth as sections 87 to 90, inclusive, of this act.
37-27 Sec. 87. “Biomass” means any organic matter that is available on a
37-28 renewable basis, including, without limitation:
37-29 1. Agricultural crops and agricultural wastes and residues;
37-30 2. Wood and wood wastes and residues;
37-31 3. Animal wastes;
37-32 4. Municipal wastes; and
37-33 5. Aquatic plants.
37-34 Sec. 88. “Fuel cell” means a device or contrivance that, through the
37-35 chemical process of combining ions of hydrogen and oxygen, produces
37-36 electricity and water.
37-37 Sec. 89. 1. “Renewable energy” means a source of energy that
37-38 occurs naturally or is regenerated naturally, including, without
37-39 limitation:
37-40 (a) Biomass;
37-41 (b) Fuel cells;
37-42 (c) Geothermal energy;
37-43 (d) Solar energy;
37-44 (e) Waterpower; and
37-45 (f) Wind.
37-46 2. The term does not include coal, natural gas, oil, propane or any
37-47 other fossil fuel, or nuclear energy.
38-1 Sec. 90. 1. “Renewable energy generation project” means a project
38-2 involving an electric generating facility or system that uses renewable
38-3 energy as its primary source of energy to generate electricity.
38-4 2. The term does not include a project involving an electric
38-5 generating facility or system that uses nuclear energy, in whole or in
38-6 part, to generate electricity.
38-7 Sec. 91. NRS 349.400 is hereby amended to read as follows:
38-8 349.400 As used in NRS 349.400 to 349.670, inclusive, unless the
38-9 context otherwise requires, the words and terms defined in NRS 349.410 to
38-10 349.540, inclusive, and sections 87 to 90, inclusive, of this act have the
38-11 meanings ascribed to them in those sections.
38-12 Sec. 92. NRS 349.430 is hereby amended to read as follows:
38-13 349.430 “Cost of a project” means all or a designated part of the cost
38-14 of any project, including any incidental cost pertaining to the project. The
38-15 cost of a project may include, among other costs, the costs of:
38-16 1. Surveys, audits, preliminary plans, other plans, specifications,
38-17 estimates and other costs of preparations;
38-18 2. Appraising, printing, estimating, advice, services of engineers,
38-19 architects, financial consultants, attorneys, clerical personnel and other
38-20 agents and employees;
38-21 3. Publishing, posting, mailing and otherwise giving notice, filing or
38-22 recording instruments, taking options and fees to banks;
38-23 4. Establishment of a reserve for contingencies;
38-24 5. Interest on bonds for any time which does not exceed the estimated
38-25 period of construction plus 1 year, discounts on bonds, reserves for the
38-26 payment of the principal of and interest on bonds, replacement expenses
38-27 and other costs of issuing bonds;
38-28 6. Amending any resolution or other instrument authorizing the
38-29 issuance of, or otherwise relating to, bonds for the project; and
38-30 7. Short-term financing,
38-31 and the expense of operation and maintenance of the project.
38-32 Sec. 93. NRS 349.510 is hereby amended to read as follows:
38-33 349.510 “Project” means:
38-34 1. Any land, building or other improvement and all real and personal
38-35 properties necessary in connection therewith, excluding inventories, raw
38-36 materials and working capital, whether or not in existence, suitable for new
38-37 construction, improvement, rehabilitation or redevelopment for:
38-38 (a) Industrial uses, including assembling, fabricating, manufacturing,
38-39 processing or warehousing;
38-40 (b) Research and development relating to commerce or industry,
38-41 including professional, administrative and scientific offices and
38-42 laboratories;
38-43 (c) Commercial enterprises;
38-44 (d) Civic and cultural enterprises open to the general public, including
38-45 theaters, museums and exhibitions, together with buildings and other
38-46 structures, machinery, equipment, facilities and appurtenances thereto
38-47 which the director deems useful or desirable in connection with the
38-48 conduct of any such enterprise;
39-1 (e) An educational institution operated by a nonprofit organization not
39-2 otherwise directly funded by the state which is accredited by a nationally
39-3 recognized educational accrediting association;
39-4 (f) Health and care facilities and supplemental facilities for health and
39-5 care; [or]
39-6 (g) The purposes of a corporation for public benefit [.]; or
39-7 (h) A renewable energy generation project.
39-8 2. Any real or personal property appropriate for addition to a hotel,
39-9 motel, apartment building, casino or office building to protect it or its
39-10 occupants from fire.
39-11 3. The preservation of a historic structure or its restoration for its
39-12 original or another use, if the plan has been approved by the office of
39-13 historic preservation of the department of cultural affairs.
39-14 Sec. 94. NRS 349.560 is hereby amended to read as follows:
39-15 349.560 It is the intent of the legislature to authorize the director to
39-16 finance, acquire, own, lease, improve and dispose of properties to:
39-17 1. Promote industry and employment and develop trade by inducing
39-18 manufacturing, industrial, warehousing and commercial enterprises and
39-19 organizations for research and development to locate, remain or expand in
39-20 this state to further prosperity throughout the state and to further the use of
39-21 the agricultural products and the natural resources of this state.
39-22 2. Enhance public safety by protecting hotels, motels, apartment
39-23 buildings, casinos, office buildings and their occupants from fire.
39-24 3. Promote the public health by enabling the acquisition, development,
39-25 expansion and maintenance of health and care facilities and supplemental
39-26 facilities for health and care facilities which will provide services of high
39-27 quality at reasonable rates to the residents of the community in which the
39-28 facilities are situated.
39-29 4. Promote the educational, cultural, economic and general welfare of
39-30 the public by financing civic and cultural enterprises, certain educational
39-31 institutions and the preservation or restoration of historic structures.
39-32 5. Promote the social welfare of the residents of this state by enabling
39-33 a corporation for public benefit to acquire, develop, expand and maintain
39-34 facilities that provide services for those residents.
39-35 6. Promote the generation of electricity in this state.
39-36 Sec. 95. NRS 349.565 is hereby amended to read as follows:
39-37 349.565 1. The director may not, under NRS 349.400 to 349.670,
39-38 inclusive:
39-39 (a) Operate any manufacturing, industrial, warehousing or commercial
39-40 enterprise or an organization for research and development or any health
39-41 and care facility to which he provided assistance; or
39-42 (b) Except as otherwise provided in subsection 2, assist any
39-43 manufacturing, industrial, warehousing or commercial enterprise or an
39-44 organization for research and development to locate in a county or city
39-45 which would result in the abandonment or closure of an existing facility of
39-46 a like nature located within that county or city, unless the existing facility
39-47 is operated by the contemplated lessee, purchaser or other obligor or an
39-48 affiliate of such a person and the facility is to be abandoned or closed
40-1 because of obsolescence, lack of available labor or limitations at the site of
40-2 the facility.
40-3 2. The provisions of paragraph (b) of subsection 1 do not apply to:
40-4 (a) Health and care facilities and supplemental facilities for a health and
40-5 care facility;
40-6 (b) Civic and cultural enterprises open to the general public;
40-7 (c) Enterprises located in a redevelopment area created pursuant to NRS
40-8 279.382 to 279.685, inclusive;
40-9 (d) Enterprises located in an area designated as an empowerment zone
40-10 pursuant to sections 1391 to 1397, inclusive, of the Internal Revenue Code
40-11 of 1986, 26 U.S.C. §§ 1391-97, future amendments to those sections and
40-12 the corresponding provisions of future internal revenue laws;
40-13 (e) Facilities established by a corporation for public benefit; [and]
40-14 (f) Enterprises whose products are substantially sold, used or distributed
40-15 outside this state [.]; and
40-16 (g) Renewable energy generation projects.
40-17 Sec. 96. NRS 349.580 is hereby amended to read as follows:
40-18 349.580 Except as otherwise provided in NRS 349.595 and 349.640,
40-19 the director shall not finance a project unless, before financing:
40-20 1. The director finds that:
40-21 (a) The project to be financed has been approved for financing pursuant
40-22 to the requirements of NRS 244A.669 to 244A.763, inclusive, or 268.512
40-23 to 268.568, inclusive; and
40-24 (b) There has been a request by a city or county to have the director
40-25 issue bonds to finance the project; or
40-26 2. The director finds and both the board and the governing body of the
40-27 city or county where the project is to be located approve the findings of the
40-28 director that:
40-29 (a) The project consists of any land, building or other improvement and
40-30 all real and personal properties necessary in connection therewith,
40-31 excluding inventories, raw materials and working capital, whether or not in
40-32 existence, which is suitable for new construction, improvement,
40-33 preservation, restoration, rehabilitation or redevelopment:
40-34 (1) For manufacturing, industrial, warehousing, civic, cultural or
40-35 other commercial enterprises, educational institutions, corporations for
40-36 public benefit or organizations for research and development;
40-37 (2) For a health and care facility or a supplemental facility for a
40-38 health and care facility;
40-39 (3) Of real or personal property appropriate for addition to a hotel,
40-40 motel, apartment building, casino or office building to protect it or its
40-41 occupants from fire; [or]
40-42 (4) Of a historic structure; or
40-43 (5) For a renewable energy generation project;
40-44 (b) The project will provide a public benefit;
40-45 (c) The contemplated lessee, purchaser or other obligor has sufficient
40-46 financial resources to place the project in operation and to continue its
40-47 operation, meeting the obligations of the lease, purchase contract or
40-48 financing agreement;
41-1 (d) There are sufficient safeguards to assure that all money provided by
41-2 the department will be expended solely for the purposes of the project;
41-3 (e) The project would be compatible with existing facilities in the area
41-4 adjacent to the location of the project;
41-5 (f) The project [is]:
41-6 (1) Is compatible with the plan of the state for economic
41-7 diversification and development or for the marketing and development of
41-8 tourism in this state; or
41-9 (2) Promotes the generation of electricity in this state;
41-10 (g) Through the advice of counsel or other reliable source, the project
41-11 has received all approvals by the local, state and federal governments
41-12 which may be necessary to proceed with construction, improvement,
41-13 rehabilitation or redevelopment of the project; and
41-14 (h) There has been a request by a city, county, lessee, purchaser, other
41-15 obligor or other enterprise to have the director issue revenue bonds for
41-16 industrial development to finance the project.
41-17 Sec. 97. Chapter 523 of NRS is hereby amended by adding thereto the
41-18 provisions set forth as sections 98 to 109, inclusive, of this act.
41-19 Sec. 98. “Biomass” means any organic matter that is available on a
41-20 renewable basis, including, without limitation:
41-21 1. Agricultural crops and agricultural wastes and residues;
41-22 2. Wood and wood wastes and residues;
41-23 3. Animal wastes;
41-24 4. Municipal wastes; and
41-25 5. Aquatic plants.
41-26 Sec. 99. “Consumer’s advocate” means the consumer’s advocate of
41-27 the bureau of consumer protection in the office of the attorney general.
41-28 Sec. 100. “Director” means the director of the office of energy
41-29 appointed pursuant to section 109 of this act.
41-30 Sec. 101. “Fuel cell” means a device or contrivance that, through
41-31 the chemical process of combining ions of hydrogen and oxygen,
41-32 produces electricity and water.
41-33 Sec. 102. 1. “Renewable energy” means a source of energy that
41-34 occurs naturally or is regenerated naturally, including, without
41-35 limitation:
41-36 (a) Biomass;
41-37 (b) Fuel cells;
41-38 (c) Geothermal energy;
41-39 (d) Solar energy;
41-40 (e) Waterpower; and
41-41 (f) Wind.
41-42 2. The term does not include coal, natural gas, oil, propane or any
41-43 other fossil fuel, or nuclear energy.
41-44 Sec. 103. 1. “Renewable energy generation project” means a
41-45 project involving an electric generating facility or system that uses
41-46 renewable energy as its primary source of energy to generate electricity.
41-47 2. The term does not include a project involving an electric
41-48 generating facility or system that uses nuclear energy, in whole or in
41-49 part, to generate electricity.
42-1 Sec. 104. “Task force” means the task force for renewable energy
42-2 and energy conservation created by section 106 of this act.
42-3 Sec. 105. 1. The trust fund for renewable energy and energy
42-4 conservation is hereby created in the state treasury.
42-5 2. The task force shall administer the fund. As administrator of the
42-6 fund, the task force:
42-7 (a) Shall maintain the financial records of the fund;
42-8 (b) Shall invest the money in the fund as the money in other state
42-9 funds is invested;
42-10 (c) Shall manage any account associated with the fund;
42-11 (d) Shall maintain any instruments that evidence investments made
42-12 with the money in the fund;
42-13 (e) May contract with vendors for any good or service that is
42-14 necessary to carry out the provisions of this section; and
42-15 (f) May perform any other duties that are necessary to administer the
42-16 fund.
42-17 3. The interest and income earned on the money in the fund must,
42-18 after deducting any applicable charges, be credited to the fund. All
42-19 claims against the fund must be paid as other claims against the state are
42-20 paid.
42-21 4. Not more than 2 percent of the money in the fund may be used to
42-22 pay the costs of administering the fund.
42-23 5. The money in the fund remains in the fund and does not revert to
42-24 the state general fund at the end of any fiscal year.
42-25 6. All money that is deposited or paid into the fund may only be
42-26 expended pursuant to an allocation made by the task force. Money
42-27 expended from the fund must not be used to supplant existing methods of
42-28 funding that are available to public agencies.
42-29 Sec. 106. 1. The task force for renewable energy and energy
42-30 conservation is hereby created. The task force consists of nine members
42-31 who are appointed as follows:
42-32 (a) Two members appointed by the majority leader of the senate, one
42-33 of whom represents the interests of the renewable energy industry in this
42-34 state with respect to biomass and the other of whom represents the
42-35 interests of the mining industry in this state.
42-36 (b) Two members appointed by the speaker of the assembly, one of
42-37 whom represents the interests of the renewable energy industry in this
42-38 state with respect to geothermal energy and the other of whom represents
42-39 the interests of a nonprofit organization dedicated to the protection of the
42-40 environment or to the conservation of energy or the efficient use of
42-41 energy.
42-42 (c) One member appointed by the minority leader of the senate to
42-43 represent the interests of the renewable energy industry in this state with
42-44 respect to solar energy.
42-45 (d) One member appointed by the minority leader of the assembly to
42-46 represent the interests of the public utilities in this state.
42-47 (e) Two members appointed by the governor, one of whom represents
42-48 the interests of the renewable energy industry in this state with respect to
43-1 wind and the other of whom represents the interests of the gaming
43-2 industry in this state.
43-3 (f) One member appointed by the consumer’s advocate to represent
43-4 the interests of the consumers in this state.
43-5 2. A member of the task force:
43-6 (a) Must be a citizen of the United States and a resident of this state.
43-7 (b) Must have training, education, experience or knowledge
43-8 concerning:
43-9 (1) The development or use of renewable energy;
43-10 (2) Financing, planning or constructing renewable energy
43-11 generation projects;
43-12 (3) Measures which conserve or reduce the demand for energy or
43-13 which result in more efficient use of energy;
43-14 (4) Weatherization;
43-15 (5) Building and energy codes and standards;
43-16 (6) Grants or incentives concerning energy;
43-17 (7) Public education or community relations; or
43-18 (8) Any other matter within the duties of the task force.
43-19 (c) Must not be an officer or employee of the legislative or judicial
43-20 department of state government.
43-21 3. After the initial terms, the term of each member of the task force is
43-22 3 years. A vacancy on the task force must be filled for the remainder of
43-23 the unexpired term in the same manner as the original appointment. A
43-24 member may be reappointed to the task force.
43-25 4. A member of the task force who is an officer or employee of this
43-26 state or a political subdivision of this state must be relieved from his
43-27 duties without loss of his regular compensation so that he may prepare
43-28 for and attend meetings of the task force and perform any work that is
43-29 necessary to carry out the duties of the task force in the most timely
43-30 manner practicable. A state agency or political subdivision of this state
43-31 shall not require an officer or employee who is a member of the task
43-32 force to:
43-33 (a) Make up the time he is absent from work to carry out his duties as
43-34 a member of the task force; or
43-35 (b) Take annual leave or compensatory time for the absence.
43-36 Sec. 107. 1. The members of the task force shall select a chairman
43-37 and vice chairman from among their membership. The vice chairman
43-38 shall perform the duties of the chairman during any absence of the
43-39 chairman.
43-40 2. The chairman and vice chairman serve in those positions for
43-41 terms of 1 year. If a vacancy occurs in the chairmanship or vice
43-42 chairmanship, the vacancy must be filled for the remainder of the
43-43 unexpired term in the same manner as the original selection.
43-44 3. A majority of the members of the task force constitutes a quorum.
43-45 A majority of the members present during a quorum may exercise all the
43-46 power and authority conferred on the task force.
43-47 4. The task force shall meet at least four times annually or more
43-48 frequently at the discretion of the chairman.
44-1 5. Except as otherwise provided in this subsection, the members of
44-2 the task force serve without compensation and are not entitled to the per
44-3 diem and travel expenses provided for state officers and employees
44-4 generally. For each day of attendance at a meeting of the task force and
44-5 while engaged in the business of the task force, a member of the task
44-6 force who:
44-7 (a) Is an officer or employee of this state or a political subdivision of
44-8 this state is entitled to receive the per diem and travel expenses provided
44-9 for state officers and employees generally, paid by his governmental
44-10 employer.
44-11 (b) Represents the interests of a nonprofit organization is entitled to
44-12 receive the per diem and travel expenses provided for state officers and
44-13 employees generally, paid from the trust fund for renewable energy and
44-14 energy conservation.
44-15 6. The consumer’s advocate shall provide the task force with
44-16 administrative and clerical support and with such other assistance as
44-17 may be necessary for the task force to carry out its duties. Such support
44-18 and assistance must include, without limitation, making arrangements
44-19 for facilities, equipment and other services in preparation for and during
44-20 meetings.
44-21 Sec. 108. 1. The task force shall:
44-22 (a) Advise the office of energy in the development and periodic review
44-23 of the comprehensive state energy plan with regard to the use of
44-24 renewable energy and the use of measures which conserve or reduce the
44-25 demand for energy or which result in more efficient use of energy.
44-26 (b) Coordinate its activities and programs with the activities and
44-27 programs of the office of energy, the consumer’s advocate and the public
44-28 utilities commission of Nevada and other federal, state and local officers
44-29 and agencies that promote, fund, administer or operate activities and
44-30 programs related to the use of renewable energy and the use of measures
44-31 which conserve or reduce the demand for energy or which result in more
44-32 efficient use of energy.
44-33 (c) Spend the money in the trust fund for renewable energy and
44-34 energy conservation to:
44-35 (1) Educate persons and entities concerning renewable energy and
44-36 measures which conserve or reduce the demand for energy or which
44-37 result in more efficient use of energy.
44-38 (2) Create incentives for investment in and the use of renewable
44-39 energy and measures which conserve or reduce the demand for energy or
44-40 which result in more efficient use of energy.
44-41 (3) Distribute grants and other money to establish programs and
44-42 projects which incorporate the use of renewable energy and measures
44-43 which conserve or reduce the demand for energy or which result in more
44-44 efficient use of energy.
44-45 (4) Conduct feasibility studies, including, without limitation, a
44-46 feasibility study concerning the establishment of an incentive fund,
44-47 grants or other programs to enable or assist residential, small
44-48 commercial and agricultural customers to reduce the cost of purchasing
45-1 on-site generation systems, net metering systems and distributed
45-2 generation systems that use renewable energy.
45-3 (d) Take any other actions that the task force deems necessary to carry
45-4 out its duties, including, without limitation, contracting with consultants,
45-5 if necessary, for the purposes of program design or to assist the task
45-6 force in carrying out its duties.
45-7 2. The task force shall prepare an annual report concerning its
45-8 activities and programs and submit the report to the legislative
45-9 commission and the governor on or before January 30 of each year. The
45-10 annual report must include, without limitation:
45-11 (a) A description of the objectives of each activity and program;
45-12 (b) An analysis of the effectiveness and efficiency of each activity and
45-13 program in meeting the objectives of the activity or program;
45-14 (c) The amount of money distributed for each activity and program
45-15 from the trust fund for renewable energy and energy conservation and a
45-16 detailed description of the use of that money for each activity and
45-17 program;
45-18 (d) An analysis of the coordination between the task force and other
45-19 officers and agencies; and
45-20 (e) Any changes planned for each activity and program.
45-21 3. As used in this section:
45-22 (a) “Distributed generation system” means a facility or system for the
45-23 generation of electricity that is in close proximity to the place where the
45-24 electricity is consumed.
45-25 (b) “Net metering system” has the meaning ascribed to it in NRS
45-26 704.771.
45-27 Sec. 109. 1. The office of energy is hereby created within the office
45-28 of the governor.
45-29 2. The governor shall appoint the director. The director:
45-30 (a) Is in the unclassified service of the state; and
45-31 (b) Serves at the pleasure of the governor.
45-32 3. The director may, within the limits of available money, employ:
45-33 (a) Such persons in the unclassified service of the state as the director
45-34 determines to be necessary to carry out the duties of the office of energy
45-35 pursuant to this chapter; and
45-36 (b) Such additional personnel as may be required to carry out the
45-37 duties of the office of energy pursuant to this chapter, who must be in the
45-38 classified service of the state.
45-39 4. A person employed by the director pursuant to this section must be
45-40 qualified by training and experience to perform the duties for which the
45-41 director employs him.
45-42 5. The director and the persons employed by the director shall not
45-43 have any conflict of interest relating to the performance of their duties
45-44 pursuant to this chapter.
45-45 6. The provisions of NRS 223.085 do not apply to the director or to
45-46 any person employed by the director pursuant to this section.
45-47 Sec. 110. NRS 523.011 is hereby amended to read as follows:
45-48 523.011 1. The legislature finds that:
46-1 (a) Energy is essential to the economy of the state and to the health,
46-2 safety and welfare of the people of the state.
46-3 (b) The state has a responsibility to encourage the maintenance of a
46-4 reliable and economical supply of energy at a level which is consistent with
46-5 the protection of environmental quality.
46-6 (c) The state has a responsibility to encourage the utilization of a wide
46-7 range of measures which reduce wasteful uses of energy resources.
46-8 (d) Planning for energy conservation and future energy requirements
46-9 should include consideration of state, regional and local plans for land use,
46-10 urban expansion, transportation systems, environmental protection and
46-11 economic development.
46-12 (e) Government and private enterprise need to accelerate research and
46-13 development of [alternative] sources of renewable energy and to improve
46-14 technology related to the research and development of existing sources of
46-15 energy.
46-16 (f) While government and private enterprise are seeking to accelerate
46-17 research and development of [alternative] sources of renewable energy,
46-18 they must also prepare for and respond to the advent of competition within
46-19 the electrical energy industry and are, therefore, encouraged to maximize
46-20 the use of indigenous energy resources to the extent competitively and
46-21 economically feasible.
46-22 (g) Prevention of delays and interruptions in providing energy,
46-23 protecting environmental values and conserving energy require expanded
46-24 authority and capability within state government.
46-25 2. It is the policy of this state to encourage participation with all levels
46-26 of government and private enterprise in cooperative state, regional and
46-27 national programs to assure adequate supplies of energy resources and
46-28 markets for such energy resources.
46-29 3. It is the policy of this state to assign the responsibility for managing
46-30 and conserving energy and its sources to agencies whose other programs
46-31 are similar, to avoid duplication of effort in developing policies and
46-32 programs for energy.
46-33 Sec. 111. NRS 523.021 is hereby amended to read as follows:
46-34 523.021 As used in this chapter, unless the context otherwise
46-35 requires[:
46-36 1. “Department” means the department of business and industry.
46-37 2. “Director” means the director of the department.] , the words and
46-38 terms defined in sections 98 to 104, inclusive, of this act have the
46-39 meanings ascribed to them in those sections.
46-40 Sec. 112. NRS 523.051 is hereby amended to read as follows:
46-41 523.051 The director may:
46-42 1. Administer any gifts or grants which the [department] office of
46-43 energy is authorized to accept for the purposes of this chapter.
46-44 2. Expend money received from those gifts or grants or from
46-45 legislative appropriations to contract with qualified persons or institutions
46-46 for research in the production and efficient use of energy resources.
46-47 3. Enter into any cooperative agreement with any federal or state
46-48 agency or political subdivision.
47-1 4. Participate in any program established by the Federal Government
47-2 relating to sources of energy and adopt regulations appropriate to that
47-3 program.
47-4 5. Assist developers of renewable energy generation projects in
47-5 preparing and making requests to obtain money for development from
47-6 the issuance of industrial development revenue bonds pursuant to NRS
47-7 349.400 to 349.670, inclusive, and sections 87 to 90, inclusive, of this act.
47-8 6. Adopt any regulations that the director determines are necessary
47-9 to carry out the duties of the office of energy pursuant to this chapter.
47-10 Sec. 113. NRS 523.131 is hereby amended to read as follows:
47-11 523.131 The director shall:
47-12 1. Acquire and analyze information relating to energy and to the
47-13 supply, demand and conservation of its sources.
47-14 2. Utilize all available public and private means to provide information
47-15 to the public about problems relating to energy and to explain how
47-16 conservation of energy and its sources may be accomplished.
47-17 3. Review and evaluate information which identifies trends and
47-18 permits forecasting of the energy available to the state. Such forecasts must
47-19 include estimates on:
47-20 (a) The level of demand for energy in the state for 5-, 10- and 20-year
47-21 periods;
47-22 (b) The amount of energy available to meet each level of demand;
47-23 (c) The probable implications of the forecast on the demand and supply
47-24 of energy; and
47-25 (d) The sources of renewable energy and other alternative sources of
47-26 energy which are available and their possible effects.
47-27 4. Study means of reducing wasteful, inefficient, unnecessary or
47-28 uneconomical uses of energy and encourage the maximum utilization of
47-29 existing sources of energy in the state.
47-30 5. Encourage the development of [any existing and alternative] :
47-31 (a) Any sources of renewable energy and any other energy projects
47-32 which will benefit the state [.] ; and
47-33 (b) Any measures which conserve or reduce the demand for energy or
47-34 which result in more efficient use of energy.
47-35 6. In conjunction with the desert research institute, review policies
47-36 relating to the research and development of the state’s geothermal
47-37 resources and make recommendations to the appropriate state and federal
47-38 agencies for establishing methods of developing the geothermal resources
47-39 within the state.
47-40 7. Solicit and serve as the point of contact for grants and other
47-41 money from the Federal Government and other sources to promote:
47-42 (a) Energy projects that enhance the economic development of the
47-43 state;
47-44 (b) The use of renewable energy; and
47-45 (c) The use of measures which conserve or reduce the demand for
47-46 energy or which result in more efficient use of energy.
47-47 8. Coordinate the activities and programs of the office of energy with
47-48 the activities and programs of the task force, the consumer’s advocate
47-49 and the public utilities commission of Nevada and other federal, state
48-1 and local officers and agencies that promote, fund, administer or operate
48-2 activities and programs related to the use of renewable energy and the
48-3 use of measures which conserve or reduce the demand for energy or
48-4 which result in more efficient use of energy.
48-5 9. Carry out all other directives concerning energy that are
48-6 prescribed by the governor.
48-7 Sec. 114. NRS 523.141 is hereby amended to read as follows:
48-8 523.141 1. The director shall prepare a comprehensive state energy
48-9 [conservation] plan which provides [methods for conserving and improving
48-10 efficiency in the use of energy resources and establishes procedures for
48-11 reducing the rate of growth of energy demand and minimizing the adverse
48-12 social, economic, political and environmental effects of increasing energy
48-13 resource consumption.
48-14 2. The plan must be presented to the governor, and upon approval by
48-15 the governor, may be submitted by him in compliance with any program
48-16 established by the Federal Government.] for the promotion of:
48-17 (a) Energy projects that enhance the economic development of the
48-18 state;
48-19 (b) The use of renewable energy; and
48-20 (c) The use of measures which conserve or reduce the demand for
48-21 energy or which result in more efficient use of energy.
48-22 2. The comprehensive state energy plan must include provisions for:
48-23 (a) The assessment of the potential benefits of proposed energy
48-24 projects on the economic development of the state.
48-25 (b) The education of persons and entities concerning renewable
48-26 energy and measures which conserve or reduce the demand for energy or
48-27 which result in more efficient use of energy.
48-28 (c) The creation of incentives for investment in and the use of
48-29 renewable energy and measures which conserve or reduce the demand
48-30 for energy or which result in more efficient use of energy.
48-31 (d) Grants and other money to establish programs and conduct
48-32 activities which promote:
48-33 (1) Energy projects that enhance the economic development of the
48-34 state;
48-35 (2) The use of renewable energy; and
48-36 (3) The use of measures which conserve or reduce the demand for
48-37 energy or which result in more efficient use of energy.
48-38 (e) The development or incorporation by reference of model and
48-39 uniform building and energy codes and standards which are written in
48-40 language which is easy to understand and which include performance
48-41 standards for conservation of energy and efficient use of energy.
48-42 (f) Oversight and accountability with respect to all programs and
48-43 activities described in this subsection.
48-44 (g) Any other matter that the director determines to be relevant to the
48-45 issues of energy resources, energy use, energy conservation and energy
48-46 efficiency.
48-47 Sec. 115. NRS 523.161 is hereby amended to read as follows:
48-48 523.161 1. [Except for those energy resources for whose priorities of
48-49 use are established by the public utilities commission of Nevada, the] The
49-1 director may recommend to state agencies, local governments and
49-2 appropriate private persons and entities [,] standards for conservation of
49-3 energy and its sources and for carrying out the state comprehensive energy
49-4 plan . [for the conservation of energy.]
49-5 2. In recommending such standards , the director shall consider the
49-6 usage of energy and its sources in the state and the methods available for
49-7 conservation of those sources.
49-8 Sec. 116. NRS 523.164 is hereby amended to read as follows:
49-9 523.164 1. The director shall adopt regulations for the conservation
49-10 of energy in buildings, including manufactured homes, which establish the
49-11 minimum standards for:
49-12 (a) The construction of floors, walls, ceilings and roofs;
49-13 (b) The equipment and systems for heating, ventilation and air-
49-14 conditioning;
49-15 (c) Electrical equipment and systems;
49-16 (d) Insulation; and
49-17 (e) Other factors which affect the use of energy in a building.
49-18 2. The director may exempt a building from a standard if he
49-19 determines that application of the standard to the building would not
49-20 accomplish the purpose of the regulations.
49-21 3. The regulations must authorize allowances in design and
49-22 construction for [solar, wind or any other renewable source] sources of
49-23 renewable energy used to supply all or a part of the energy required in a
49-24 building.
49-25 4. The standards adopted by the director are the minimum standards
49-26 for the conservation of energy which apply only to areas in which the
49-27 governing body of the local government has not adopted standards for the
49-28 conservation of energy in buildings. Such governing bodies shall assist the
49-29 director in the enforcement of the regulations adopted pursuant to this
49-30 section.
49-31 5. The director shall solicit comments regarding the adoption of
49-32 regulations pursuant to this section from:
49-33 (a) Persons in the business of constructing and selling homes;
49-34 (b) Contractors;
49-35 (c) Public utilities;
49-36 (d) Local building inspectors; and
49-37 (e) The general public,
49-38 before adopting any regulations. The director must conduct at least three
49-39 hearings in different locations in the state, after giving 30 days’ notice of
49-40 each hearing, before he may adopt any regulations pursuant to this section.
49-41 Sec. 117. NRS 523.167 is hereby amended to read as follows:
49-42 523.167 1. In a county whose population is 100,000 or more, a
49-43 building whose construction began on or after October 1, 1983, must not
49-44 contain a system using electric resistance for heating spaces unless:
49-45 (a) The system is merely supplementary to another means of heating;
49-46 (b) Under the particular circumstances no other primary means of
49-47 heating the spaces is a feasible or economical alternative to heating by
49-48 electric resistance; or
50-1 (c) The [department] director determines that the present or future
50-2 availability of other sources of energy is so limited as to justify the use of
50-3 such a system.
50-4 2. This section does not prohibit the use of incandescent or fluorescent
50-5 lighting.
50-6 Sec. 118. NRS 651.040 is hereby amended to read as follows:
50-7 651.040 1. As used in this section, unless the context otherwise
50-8 requires:
50-9 (a) “Establishment” means any hotel, motel, inn or motor court.
50-10 (b) “Owner” or “keeper” means any person, firm, association or
50-11 corporation.
50-12 (c) “Rates” means the total charge levied at the establishment for rooms
50-13 or accommodations.
50-14 2. The rates listed on the printed statement required to be maintained
50-15 by an owner or keeper of an establishment pursuant to NRS 651.030 must
50-16 include [the] :
50-17 (a) The daily rate of the room for occupancy by one person [,] and for
50-18 occupancy by two persons [, the] ;
50-19 (b) The additional charge, if any, for occupancy by each additional
50-20 person over two persons [and the] ;
50-21 (c) The additional charge, if any, for each additional bed provided in the
50-22 room [.] ; and
50-23 (d) The additional charge, if any, to offset energy costs incurred by the
50-24 establishment.
50-25 3. Every establishment shall maintain a registration card for each room
50-26 and supply the person or persons registering for accommodations a receipt.
50-27 Both the registration card and the receipt must reflect the type of
50-28 accommodations supplied, the number of persons occupying the
50-29 accommodation and the rate charged each person therefor. An
50-30 establishment shall not charge more than the rates listed on the printed
50-31 statement required to be maintained by an owner or keeper of an
50-32 establishment pursuant to NRS 651.030
50-33 [3.] 4. For any violation of this section, or any provision herein
50-34 contained, the offender shall forfeit to the injured party 3 times the amount
50-35 of the sum charged in excess of what he is entitled to charge.
50-36 [4.] 5. Any owner or keeper of any establishment who violates any of
50-37 the provisions of this section is guilty of a misdemeanor.
50-38 Sec. 119. Chapter 16, Statutes of Nevada 2001, is hereby amended by
50-39 adding thereto a new section designated sec. 15.5, following sec. 15, to
50-40 read as follows:
50-41 Sec. 15.5. The provisions of sections 8 to 18, inclusive, of this
50-42 act do not prohibit an electric utility from pledging, mortgaging,
50-43 granting a security interest in or otherwise encumbering any of its
50-44 generation assets or other property for the purpose of securing
50-45 indebtedness of the electric utility which exists on the effective date
50-46 of this act or which is issued or incurred by the electric utility after
50-47 the effective date of this act in financing transactions approved by
50-48 the commission.
51-1 Sec. 120. Section 35 of chapter 16, Statutes of Nevada 2001, is hereby
51-2 amended to read as follows:
51-3 Sec. 35. Except as otherwise provided in section 36 of this act
51-4 and notwithstanding the provisions of any other specific statute to the
51-5 contrary:
51-6 1. An electric utility shall not file an application for a fuel and
51-7 purchased power rider on or after the effective date of this act.
51-8 2. Each application for a fuel and purchased power rider filed by
51-9 an electric utility which is pending with the commission on the
51-10 effective date of this act and which the electric utility did not place
51-11 into effect before or on April 1, 2001, is void and unenforceable and is
51-12 not valid for any purpose after April 1, 2001.
51-13 3. If, before March 1, 2001, an electric utility incurred any costs
51-14 for fuel or purchased power, including, without limitation, any costs
51-15 for fuel or purchased power recorded or carried on the books and
51-16 records of the electric utility, and those costs were not recovered or
51-17 could not be recovered pursuant to a fuel and purchased power rider
51-18 placed into effect by the electric utility before March 1, 2001, the
51-19 electric utility is not entitled, on or after March 1, 2001, to recover
51-20 any of those costs for fuel or purchased power from customers, and
51-21 the commission shall not allow the electric utility to recover any of
51-22 those costs for fuel or purchased power from customers.
51-23 4. Except as otherwise provided in this section, on and after the
51-24 effective date of this act:
51-25 (a) The commission shall not take any further action on the
51-26 comprehensive energy plan, and each electric utility that jointly filed
51-27 the comprehensive energy plan shall be deemed to have withdrawn
51-28 the comprehensive energy plan;
51-29 (b) The rates that each electric utility placed into effect on
51-30 March 1, 2001, pursuant to the comprehensive energy plan shall be
51-31 deemed to be a component of the electric utility’s rates for fuel and
51-32 purchased power; and
51-33 (c) The revenues [collected] for services provided by each electric
51-34 utility [before April] for the period of March 1, 2001, to March 31,
51-35 2001, inclusive, from the rates that each electric utility placed into
51-36 effect on March 1, 2001, pursuant to the comprehensive energy plan
51-37 shall be deemed to be a credit in the electric utility’s deferred
51-38 accounts.
51-39 5. On or before October 1, 2001, each electric utility that
51-40 primarily serves densely populated counties shall file a general rate
51-41 application pursuant to subsection 3 of NRS 704.110, as amended by
51-42 this act [.] and Assembly Bill No. 5 of the 17th special session of the
51-43 Nevada Legislature. On or before December 1, 2001, each electric
51-44 utility that primarily serves densely populated counties shall file an
51-45 application to clear its deferred accounts pursuant to subsection 7 of
51-46 NRS 704.110, as amended by this act [.] and Assembly Bill No. 5 of
51-47 the 17th special session of the Nevada Legislature. After such an
51-48 electric utility files the application to clear its deferred accounts, the
51-49 commission shall investigate and determine whether the rates that the
52-1 electric utility placed into effect on March 1, 2001, pursuant to the
52-2 comprehensive energy plan are just and reasonable and reflect prudent
52-3 business practices. On the date on which the commission issues a final
52-4 order on the general rate application, the commission shall issue a
52-5 final order on the electric utility’s application to clear its deferred
52-6 accounts. The total rates to provide electric service that were in effect
52-7 on April 1, 2001, for the electric utility must remain in effect until the
52-8 date on which the commission issues a final order on the general rate
52-9 application. The commission shall not adjust the rates of the electric
52-10 utility during this period unless such an adjustment is absolutely
52-11 necessary to avoid rates that are confiscatory under the Constitution of
52-12 the United States or the constitution of this state. The commission:
52-13 (a) May make such an adjustment only to the extent that it is
52-14 absolutely necessary to avoid an unconstitutional result; and
52-15 (b) Shall not, in any proceedings concerning such an adjustment,
52-16 approve any rate or grant any relief that is not absolutely necessary to
52-17 avoid an unconstitutional result.
52-18 After the electric utility files the general rate application that is
52-19 required by this subsection, the electric utility shall file general rate
52-20 applications in accordance with subsection 3 of NRS 704.110, as
52-21 amended by this act [.] and Assembly Bill No. 5 of the 17th special
52-22 session of the Nevada Legislature. After the electric utility files the
52-23 application to clear its deferred accounts that is required by this
52-24 subsection, the electric utility shall file applications to clear its
52-25 deferred accounts in accordance with section 19 of this act and
52-26 subsection 7 of NRS 704.110, as amended by this act [.] and
52-27 Assembly Bill No. 5 of the 17th special session of the Nevada
52-28 Legislature.
52-29 6. On or before December 1, 2001, each electric utility that
52-30 primarily serves less densely populated counties shall file a general
52-31 rate application pursuant to subsection 3 of NRS 704.110, as amended
52-32 by this act [.] and Assembly Bill No. 5 of the 17th special session of
52-33 the Nevada Legislature. On or before February 1, 2002, each electric
52-34 utility that primarily serves less densely populated counties shall file
52-35 an application to clear its deferred accounts pursuant to subsection 7
52-36 of NRS 704.110, as amended by this act [.] and Assembly Bill No. 5
52-37 of the 17th special session of the Nevada Legislature. After such an
52-38 electric utility files the application to clear its deferred accounts, the
52-39 commission shall investigate and determine whether the rates that the
52-40 electric utility placed into effect on March 1, 2001, pursuant to the
52-41 comprehensive energy plan are just and reasonable and reflect prudent
52-42 business practices. On the date on which the commission issues a final
52-43 order on the general rate application, the commission shall issue a
52-44 final order on the electric utility’s application to clear its deferred
52-45 accounts. The total rates to provide electric service that were in effect
52-46 on April 1, 2001, for the electric utility must remain in effect until the
52-47 date on which the commission issues a final order on the general rate
52-48 application. The commission shall not adjust the rates of the electric
52-49 utility during this period unless such an adjustment is absolutely
53-1 necessary to avoid rates that are confiscatory under the Constitution of
53-2 the United States or the constitution of this state. The commission:
53-3 (a) May make such an adjustment only to the extent that it is
53-4 absolutely necessary to avoid an unconstitutional result; and
53-5 (b) Shall not, in any proceedings concerning such an adjustment,
53-6 approve any rate or grant any relief that is not absolutely necessary to
53-7 avoid an unconstitutional result.
53-8 After the electric utility files the general rate application that is
53-9 required by this subsection, the electric utility shall file general rate
53-10 applications in accordance with subsection 3 of NRS 704.110, as
53-11 amended by this act [.] and Assembly Bill No. 5 of the 17th special
53-12 session of the Nevada Legislature. After the electric utility files the
53-13 application to clear its deferred accounts that is required by this
53-14 subsection, the electric utility shall file applications to clear its
53-15 deferred accounts in accordance with section 19 of this act and
53-16 subsection 7 of NRS 704.110, as amended by this act [.] and
53-17 Assembly Bill No. 5 of the 17th special session of the Nevada
53-18 Legislature.
53-19 Sec. 121. Section 36 of chapter 16, Statutes of Nevada 2001, is hereby
53-20 amended to read as follows:
53-21 Sec. 36. Notwithstanding the provisions of any other specific
53-22 statute to the contrary:
53-23 1. If, on or after January 1, 1999, and before the effective date of
53-24 this act, an electric utility holding company entered into any
53-25 transaction to acquire a controlling interest in a public utility that
53-26 provides electric service primarily to customers located outside of this
53-27 state, the electric utility holding company shall not carry out the
53-28 transaction unless, on or after the effective date of this act:
53-29 (a) The electric utility holding company files with the commission
53-30 an application for authorization of the transaction; and
53-31 (b) The commission issues a written order that authorizes the
53-32 transaction. The commission shall not authorize the transaction unless
53-33 the commission finds that the transaction will be in the public interest.
53-34 The commission may base its authorization of the transaction upon
53-35 such terms, conditions or modifications as the commission deems
53-36 appropriate.
53-37 2. If the commission authorizes a transaction described in
53-38 subsection 1 and, before July 1, 2003, the electric utility holding
53-39 company acquires a controlling interest in such a public utility, or any
53-40 affiliate thereof, pursuant to the transaction:
53-41 (a) Each electric utility in which the electric utility holding
53-42 company holds a controlling interest shall not use deferred accounting
53-43 pursuant to section 19 of this act on or after the date on which the
53-44 electric utility holding company acquires a controlling interest in the
53-45 public utility, or any affiliate thereof;
53-46 (b) Not later than 90 days after that date, each such electric utility
53-47 shall file one final application to clear the remaining balance in its
53-48 deferred accounts pursuant to subsection 7 of NRS 704.110, as
54-1 amended by this act [;] and Assembly Bill No. 5 of the 17th special
54-2 session of the Nevada Legislature;
54-3 (c) For each such electric utility, the commission shall not carry
54-4 out the provisions of section 35 of this act concerning deferred
54-5 accounting and deferred accounts; and
54-6 (d) The commission shall carry out the remaining provisions of
54-7 section 35 of this act, including, without limitation, the commission’s
54-8 investigation and determination whether the rates that each electric
54-9 utility placed into effect on March 1, 2001, pursuant to the
54-10 comprehensive energy plan are just and reasonable and reflect prudent
54-11 business practices.
54-12 3. Any transaction that violates the provisions of this section is
54-13 void and unenforceable and is not valid for any purpose.
54-14 Sec. 122. Section 21 of chapter 275, Statutes of Nevada 2001, is
54-15 hereby amended to read as follows:
54-16 Sec. 21. NRS 523.164 is hereby amended to read as follows:
54-17 523.164 1. The director shall adopt regulations for the
54-18 conservation of energy in buildings, including manufactured homes,
54-19 which establish the minimum standards for:
54-20 (a) The construction of floors, walls, ceilings and roofs;
54-21 (b) The equipment and systems for heating, ventilation and air-
54-22 conditioning;
54-23 (c) Electrical equipment and systems;
54-24 (d) Insulation; and
54-25 (e) Other factors which affect the use of energy in a building.
54-26 2. The director may exempt a building from a standard if he
54-27 determines that application of the standard to the building would not
54-28 accomplish the purpose of the regulations.
54-29 3. The regulations must authorize allowances in design and
54-30 construction for sources of renewable energy used to supply all or a
54-31 part of the energy required in a building.
54-32 4. The standards adopted by the director are the minimum
54-33 standards for the conservation of energy which apply only to areas in
54-34 which the governing body of the local government has not adopted
54-35 standards for the conservation of energy in buildings. Such governing
54-36 bodies shall assist the director in the enforcement of the regulations
54-37 adopted pursuant to this section.
54-38 5. The director shall solicit comments regarding the adoption of
54-39 regulations pursuant to this section from:
54-40 (a) Persons in the business of constructing and selling homes;
54-41 (b) Contractors;
54-42 (c) Public utilities;
54-43 (d) Local building [inspectors;] officials; and
54-44 (e) The general public,
54-45 before adopting any regulations. The director must conduct at least
54-46 three hearings in different locations in the state, after giving 30 days’
54-47 notice of each hearing, before he may adopt any regulations pursuant
54-48 to this section.
55-1 Sec. 123. Section 1 of chapter 349, Statutes of Nevada 2001, is hereby
55-2 amended to read as follows:
55-3 Section 1. Chapter 704 of NRS is hereby amended by adding
55-4 thereto a new section to read as follows:
55-5 1. On and after October 1, 2001, each electric utility shall
55-6 disclose to its retail customers information about electric services,
55-7 and any products and services relating thereto, that are being
55-8 provided to or purchased for those retail customers by the electric
55-9 utility. The disclosure must:
55-10 (a) Be in a standard, uniform format established by the
55-11 commission by regulation;
55-12 (b) Be included:
55-13 (1) At least two times each calendar year, as an insert in the
55-14 bills that the electric utility sends to its retail customers; and
55-15 (2) If the electric utility maintains a website on the Internet or
55-16 any successor to the Internet, on that website; and
55-17 (c) Include adequate information so that a retail customer can
55-18 readily evaluate his options for obtaining electric services and any
55-19 products or services relating thereto.
55-20 2. A disclosure required by this section must include, if
55-21 applicable:
55-22 (a) The average mix of energy sources used to generate the
55-23 electricity sold by the electric utility to the retail customer. An
55-24 electric utility may, if available, use a regional average that has been
55-25 determined by the commission for that portion of electricity sold by
55-26 the electric utility to the retail customer for which the specific mix of
55-27 energy sources cannot be discerned.
55-28 (b) The average emissions, measured in pounds per megawatt-
55-29 hour, of:
55-30 (1) Any high-level radioactive waste, sulfur dioxide, carbon
55-31 dioxide, oxides of nitrogen and heavy metals released in this state
55-32 from the generation of the electricity sold by the electric utility to the
55-33 retail customer; and
55-34 (2) Any other substances released in this state from the
55-35 generation of the electricity sold by the electric utility to the retail
55-36 customer which the commission, in cooperation with the division of
55-37 environmental protection of the state department of conservation
55-38 and natural resources, determines may cause a significant health or
55-39 environmental impact and for which sufficiently accurate and
55-40 reliable data is available.
55-41 If an electric utility uses a regional average for the mix of energy
55-42 sources pursuant to paragraph (a), the electric utility shall, if
55-43 available, use for the average emissions pursuant to this paragraph
55-44 a regional calculation that has been determined by the commission.
55-45 (c) Information concerning customer service.
55-46 (d) Information concerning any energy programs that provide
55-47 assistance to retail customers with low incomes, including, without
55-48 limitation, information on the procedures to apply for such
55-49 programs.
56-1 3. An electric utility:
56-2 (a) Shall make the disclosures required pursuant to this section
56-3 in accordance with the requirements adopted by the commission as
56-4 to form and substance; and
56-5 (b) Shall ensure that it provides the information in compliance
56-6 with all applicable state and federal law governing unfair
56-7 advertising and labeling.
56-8 4. The commission shall adopt such regulations concerning
56-9 form and substance for the disclosures required by this section as
56-10 are necessary to ensure that retail customers are provided with
56-11 sufficient information so that they can readily evaluate their options
56-12 for obtaining electric services and any products and services relating
56-13 thereto.
56-14 5. The provisions of this section do not require an electric utility
56-15 to disclose to its retail customers any information about electric
56-16 services, and any products and services relating thereto, that are
56-17 subject to the provisions of sections 3 to 26, inclusive, of Assembly
56-18 Bill No. 5 of the 17th special session of the Nevada Legislature.
56-19 6. As used in this section:
56-20 (a) “Electric utility” has the meaning ascribed to it in section 19
56-21 of chapter 16, Statutes of Nevada 2001.
56-22 (b) “Energy source” includes, without limitation:
56-23 (1) Coal, natural gas, oil, propane and any other fossil fuel;
56-24 (2) Geothermal energy, solar energy, nuclear energy,
56-25 waterpower, wind, biofuel and biomass; and
56-26 (3) Any other specific energy source that is used to generate
56-27 the electricity provided to the retail customer.
56-28 Sec. 124. Section 1 of chapter 371, Statutes of Nevada 2001, is hereby
56-29 amended to read as follows:
56-30 Section 1. NRS 704.033 is hereby amended to read as follows:
56-31 704.033 1. [The] Except as otherwise provided in subsection 6,
56-32 the commission shall levy and collect an annual assessment from all
56-33 public utilities , providers of discretionary natural gas service and
56-34 alternative sellers subject to the jurisdiction of the commission.
56-35 2. Except as otherwise provided in [subsection 3,] subsections 3
56-36 and 4, the annual assessment must be:
56-37 (a) For the use of the commission, not more than 3.50 mills; and
56-38 (b) For the use of the consumer’s advocate, not more than
56-39 0.75 mills,
56-40 on each dollar of gross operating revenue derived from the intrastate
56-41 operations of such utilities , providers of discretionary natural gas
56-42 service and alternative sellers in the State of Nevada . [, except that
56-43 the minimum assessment in any 1 year must be $10.] The total annual
56-44 assessment must be not more than 4.25 mills.
56-45 3. [For railroads the total annual assessment must be the amount
56-46 levied for the use of the commission pursuant to paragraph (a) of
56-47 subsection 2.] The levy for the use of the consumer’s advocate must
56-48 not be assessed against railroads.
56-49 4. The minimum assessment in any 1 year must be $100.
57-1 5. The gross operating revenue of the utilities must be determined
57-2 for the preceding calendar year. In the case of:
57-3 (a) Telephone utilities, except as otherwise provided in paragraph
57-4 (c), the revenue shall be deemed to be all intrastate revenues . [that are
57-5 considered by the commission for the purpose of establishing rates.]
57-6 (b) Railroads, the revenue shall be deemed to be the revenue
57-7 received only from freight and passenger intrastate movements.
57-8 (c) All public utilities, providers of discretionary natural gas
57-9 service and alternative sellers, the revenue does not include the
57-10 proceeds of any commodity, energy or service furnished to another
57-11 public utility , provider of discretionary natural gas service or
57-12 alternative seller for resale.
57-13 6. Providers of commercial mobile radio service are not subject
57-14 to the annual assessment and, in lieu thereof, shall pay to the
57-15 commission an annual licensing fee of $200.
57-16 Sec. 125. Section 2 of chapter 371, Statutes of Nevada 2001, is hereby
57-17 amended to read as follows:
57-18 Sec. 2. NRS 704.035 is hereby amended to read as follows:
57-19 704.035 1. On or before June 1 of each year, the commission
57-20 shall mail revenue report forms to all public utilities , providers of
57-21 discretionary natural gas service and alternative sellers under its
57-22 jurisdiction, to the address of those utilities , providers of
57-23 discretionary natural gas service and alternative sellers on file with
57-24 the commission. The revenue report form serves as notice of the
57-25 commission’s intent to assess [the utilities,] such entities, but failure
57-26 to notify any [utility] such entity does not invalidate the assessment
57-27 with respect thereto.
57-28 2. Each public utility , provider of discretionary natural gas
57-29 service and alternative seller subject to the provisions of NRS
57-30 704.033 shall complete the revenue report referred to in subsection 1,
57-31 compute the assessment and return the completed revenue report to
57-32 the commission accompanied by payment of the assessment and any
57-33 penalty due, pursuant to the provisions of subsection 5.
57-34 3. The assessment is due on July 1 of each year, but may, at the
57-35 option of the public utility, provider of discretionary natural gas
57-36 service or alternative seller be paid quarterly on July 1, October 1,
57-37 January 1 and April 1.
57-38 4. The assessment computed by the utility , provider of
57-39 discretionary natural gas service or alternative seller is subject to
57-40 review and audit by the commission, and the amount of the
57-41 assessment may be adjusted by the commission as a result of the audit
57-42 and review.
57-43 5. Any public utility , provider of discretionary natural gas
57-44 service or alternative seller failing to pay the assessment provided for
57-45 in NRS 704.033 on or before August 1, or if paying quarterly, on or
57-46 before August 1, October 1, January 1 or April 1, shall pay, in
57-47 addition to such assessment, a penalty of 1 percent of the total unpaid
57-48 balance for each month or portion thereof that the assessment is
58-1 delinquent, or $10, whichever is greater, but no penalty may exceed
58-2 $1,000 for each delinquent payment.
58-3 6. When a public utility , provider of discretionary natural gas
58-4 service or alternative seller sells, transfers or conveys substantially all
58-5 of its assets or , if applicable, its certificate of public convenience and
58-6 necessity, the commission shall determine, levy and collect the
58-7 accrued assessment for the current year not later than 30 days after the
58-8 sale, transfer or conveyance, unless the transferee has assumed
58-9 liability for the assessment. For purposes of this subsection , the
58-10 jurisdiction of the commission over the selling, transferring or
58-11 conveying public utility , provider of discretionary natural gas
58-12 service or alternative seller continues until it has paid the assessment.
58-13 7. The commission may bring an appropriate action in its own
58-14 name for the collection of any assessment and penalty which is not
58-15 paid as provided in this section.
58-16 8. The commission shall, on a quarterly basis, transfer to the
58-17 account for the consumer’s advocate that portion of the assessments
58-18 collected which belongs to the consumer’s advocate.
58-19 Sec. 126. Section 6 of chapter 519, Statutes of Nevada 2001, is hereby
58-20 amended to read as follows:
58-21 Sec. 6. 1. “Provider of electric service” and “provider” mean
58-22 any person or entity that is in the business of selling electricity to
58-23 retail customers for consumption in this state, regardless of whether
58-24 the person or entity is otherwise subject to regulation by the
58-25 commission.
58-26 2. The term includes, without limitation, a provider of new
58-27 electric resources that is selling electricity to an eligible customer
58-28 for consumption in this state pursuant to the provisions of sections 3
58-29 to 26, inclusive, of Assembly Bill No. 5 of the 17th special session of
58-30 the Nevada Legislature.
58-31 3. The term does not include:
58-32 (a) This state or an agency or instrumentality of this state.
58-33 (b) A rural electric cooperative established pursuant to chapter 81
58-34 of NRS.
58-35 (c) A general improvement district established pursuant to chapter
58-36 318 of NRS.
58-37 (d) A utility established pursuant to chapter 709 or 710 of NRS.
58-38 (e) A cooperative association, nonprofit corporation, nonprofit
58-39 association or provider of electric service which is declared to be a
58-40 public utility pursuant to NRS 704.673 and which provides service
58-41 only to its members.
58-42 (f) A landlord of a mobile home park or owner of a company town
58-43 who is subject to any of the provisions of NRS 704.905 to 704.960,
58-44 inclusive.
58-45 (g) A landlord who pays for electricity that is delivered through a
58-46 master meter and who distributes or resells the electricity to one or
58-47 more tenants for consumption in this state.
58-48 Sec. 127. Section 8 of chapter 519, Statutes of Nevada 2001, is hereby
58-49 amended to read as follows:
59-1 Sec. 8. “Renewable energy system” means:
59-2 1. A facility or energy system that:
59-3 (a) Uses renewable energy to generate electricity; and
59-4 (b) Transmits or distributes the electricity that it generates from
59-5 renewable energy via:
59-6 (1) A power line which is dedicated to the transmission or
59-7 distribution of electricity generated from renewable energy and which
59-8 is connected to a facility or system owned, operated or controlled by a
59-9 provider of electric service; or
59-10 (2) A power line which is shared with not more than one facility
59-11 or energy system generating electricity from nonrenewable energy
59-12 and which is connected to a facility or system owned, operated or
59-13 controlled by a provider of electric service.
59-14 2. A solar thermal energy system that reduces the consumption of
59-15 electricity.
59-16 3. A net metering system used by a customer-generator
59-17 pursuant to NRS 704.766 to 704.775, inclusive.
59-18 Sec. 128. Section 9 of chapter 519, Statutes of Nevada 2001, is hereby
59-19 amended to read as follows:
59-20 Sec. 9. 1. “Retail customer” means [a customer who] an end-
59-21 use customer that purchases electricity [at retail.] for consumption in
59-22 this state.
59-23 2. The term includes, without limitation:
59-24 (a) This state, a political subdivision of this state or an agency or
59-25 instrumentality of this state or political subdivision of this state when
59-26 it is an end-use customer that purchases electricity [at retail; and] for
59-27 consumption in this state, including, without limitation, when it is
59-28 an eligible customer that purchases electricity for consumption in
59-29 this state from a provider of new electric resources pursuant to the
59-30 provisions of sections 3 to 26, inclusive, of Assembly Bill No. 5 of
59-31 the 17th special session of the Nevada Legislature.
59-32 (b) A residential, commercial or industrial end-use customer that
59-33 purchases electricity for consumption in this state, including,
59-34 without limitation, an eligible customer that purchases electricity for
59-35 consumption in this state from a provider of new electric resources
59-36 pursuant to the provisions of sections 3 to 26, inclusive, of Assembly
59-37 Bill No. 5 of the 17th special session of the Nevada Legislature.
59-38 (c) A landlord of a mobile home park or owner of a company town
59-39 who is subject to any of the provisions of NRS 704.905 to 704.960,
59-40 inclusive.
59-41 (d) A landlord who pays for electricity that is delivered through a
59-42 master meter and who distributes or resells the electricity to one or
59-43 more tenants for consumption in this state.
59-44 Sec. 129. 1. NRS 523.171, 704.080, 704.090 and 704.275 are
59-45 hereby repealed.
59-46 2. Section 10 of chapter 16, Statutes of Nevada 2001, is hereby
59-47 repealed.
59-48 3. Section 2 of chapter 349, Statutes of Nevada 2001, is hereby
59-49 repealed.
60-1 4. Section 4 of chapter 519, Statutes of Nevada 2001, is hereby
60-2 repealed.
60-3 Sec. 130. 1. For the purposes of sections 3 to 26, inclusive, of this
60-4 act:
60-5 (a) An electric utility that provides distribution services to an eligible
60-6 customer who is purchasing energy, capacity or ancillary services from a
60-7 provider of new electric resources shall charge the eligible customer based
60-8 upon the rates for the electric utility’s distribution services that were on file
60-9 with the commission on April 1, 2001, until the commission approves a
60-10 change in those rates and such a change becomes effective.
60-11 (b) Not later than March 1, 2002, the commission shall establish the
60-12 initial rates for all other components of electric service which are within
60-13 the jurisdiction of the commission and which are necessary for a provider
60-14 of new electric resources to sell energy, capacity and ancillary services to
60-15 an eligible customer pursuant to the provisions of sections 3 to 26,
60-16 inclusive, of this act. The commission may establish such initial rates as a
60-17 part of a general rate application that is pending or filed with the
60-18 commission on or after the effective date of this act.
60-19 2. The commission shall:
60-20 (a) Not later than November 1, 2001, adopt regulations to carry out and
60-21 enforce the provisions of sections 3 to 26, inclusive, of this act.
60-22 (b) Not later than March 1, 2002, approve tariffs to carry out and
60-23 enforce the provisions of section 22 of this act.
60-24 3. Notwithstanding the provisions of section 25 of this act, the
60-25 commission is not required to submit a report to the legislative commission
60-26 for any calendar quarter that ends before October 1, 2001.
60-27 4. As used in this section, the words and terms defined in sections 4 to
60-28 16, inclusive, of this act have the meanings ascribed to them in those
60-29 sections.
60-30 Sec. 131. 1. As soon as practicable after July 1, 2003, the governor
60-31 shall appoint two additional commissioners to the public utilities
60-32 commission of Nevada in accordance with the provisions of section 47 of
60-33 this act. For the initial terms of those commissioners, the governor shall
60-34 appoint:
60-35 (a) One commissioner whose term begins on October 1, 2003, and
60-36 expires on September 30, 2005; and
60-37 (b) One commissioner whose term begins on October 1, 2003, and
60-38 expires on September 30, 2006.
60-39 2. The provisions of this act do not abrogate or affect the term of office
60-40 of any other commissioner of the public utilities commission of Nevada.
60-41 Sec. 132. 1. The provisions of section 76 of this act do not apply
60-42 to any transaction entered into by a local governmental entity before
60-43 January 1, 2002, to acquire or otherwise obtain control of the assets of a
60-44 public utility providing water services.
60-45 2. As used in this section:
60-46 (a) “Assets” includes, without limitation, any hydroelectric plant,
60-47 facility, equipment or system which has a generating capacity of not more
60-48 than 15 megawatts and which is located on the Truckee River or on a
60-49 waterway that is appurtenant to or connected to the Truckee River.
61-1 (b) “Local governmental entity” means a political subdivision of this
61-2 state or an agency or instrumentality of one or more political subdivisions
61-3 of this state. The term includes, without limitation, a public water authority
61-4 created by or consisting of one or more political subdivisions of this state.
61-5 Sec. 133. 1. As soon as practicable after the effective date of this
61-6 act, the appointing authorities set forth in section 106 of this act shall
61-7 appoint members to the task force for renewable energy and energy
61-8 conservation which is created by section 106 of this act.
61-9 2. At the first meeting of the task force following the appointment of
61-10 the initial members of the task force, the initial members of the task force
61-11 shall draw lots to determine which:
61-12 (a) Five members of the task force will serve initial terms that expire on
61-13 June 30, 2004.
61-14 (b) Four members of the task force will serve initial terms that expire on
61-15 June 30, 2003.
61-16 3. Not later than 10 days after the first meeting of the task force
61-17 following the appointment of the initial members of the task force, the
61-18 public utilities commission of Nevada shall transfer the sum of $250,000
61-19 from its reserve account in the public utilities commission regulatory fund,
61-20 created by NRS 703.147, to the trust fund for renewable energy and energy
61-21 conservation, created by section 105 of this act.
61-22 Sec. 134. 1. Notwithstanding the provisions of this act and except as
61-23 otherwise provided in subsection 2, the department of business and
61-24 industry and its director shall exercise all the power and perform all the
61-25 duties that are assigned to the office of energy and its director pursuant to
61-26 the provisions of chapter 523 of NRS, as amended by this act, until the date
61-27 on which the governor certifies that the office of energy and its director are
61-28 prepared to carry out those provisions, or until January 1, 2002, whichever
61-29 occurs earlier.
61-30 2. During the period described in subsection 1, the office of energy and
61-31 its director may exercise any power and perform any duty assigned to them
61-32 pursuant to the provisions of chapter 523 of NRS, as amended by this act,
61-33 if the exercise of the power or the performance of the duty is necessary as
61-34 an organizational, preparatory or preliminary measure to prepare the office
61-35 of energy and its director to carry out those provisions.
61-36 Sec. 135. 1. Any administrative regulations adopted by an officer or
61-37 an agency whose name has been changed or whose responsibilities have
61-38 been transferred pursuant to the provisions of this act to another officer or
61-39 agency remain in force until amended by the officer or agency to which the
61-40 responsibility for the adoption of the regulations has been transferred.
61-41 2. Any contracts or other agreements entered into by an officer or
61-42 agency whose name has been changed or whose responsibilities have been
61-43 transferred pursuant to the provisions of this act to another officer or
61-44 agency are binding upon the officer or agency to which the responsibility
61-45 for the administration of the provisions of the contract or other agreement
61-46 has been transferred. Such contracts and other agreements may be enforced
61-47 by the officer or agency to which the responsibility for the enforcement of
61-48 the provisions of the contract or other agreement has been transferred.
62-1 3. Any action taken by an officer or agency whose name has been
62-2 changed or whose responsibilities have been transferred pursuant to the
62-3 provisions of this act to another officer or agency remains in effect as if
62-4 taken by the officer or agency to which the responsibility for the
62-5 enforcement of such actions has been transferred.
62-6 Sec. 136. 1. This section and sections 1 to 46, inclusive, 49 to 117,
62-7 inclusive, 119 to 135, inclusive, and 137 of this act become effective upon
62-8 passage and approval.
62-9 2. Section 118 of this act becomes effective on July 1, 2001.
62-10 3. Sections 47 and 48 of this act become effective on October 1, 2003.
62-11 Sec. 137. 1. The legislative counsel shall:
62-12 (a) In preparing the reprint and supplements to the Nevada Revised
62-13 Statutes, appropriately change any references to an officer or agency whose
62-14 name is changed or whose responsibilities have been transferred pursuant
62-15 to the provisions of this act to refer to the appropriate officer or agency.
62-16 (b) In preparing supplements to the Nevada Administrative Code,
62-17 appropriately change any references to an officer or agency whose name is
62-18 changed or whose responsibilities have been transferred pursuant to the
62-19 provisions of this act to refer to the appropriate officer or agency.
62-20 2. Any reference in a bill or resolution passed by the 71st session of
62-21 the Nevada Legislature or the 17th special session of the Nevada
62-22 Legislature to an officer or agency whose name is changed or whose
62-23 responsibilities have been transferred pursuant to the provisions of this act
62-24 to another officer or agency shall be deemed to refer to the officer or
62-25 agency to which the responsibility is transferred.
62-26 TEXT OF REPEALED SECTIONS
62-27 523.171 Information and assistance to state agencies. The
62-28 director, in cooperation with the chief of the buildings and grounds
62-29 division of the department of administration, shall, upon request, provide
62-30 information and assistance to any agency, bureau, board, commission,
62-31 department or division which is engaged in the management, planning,
62-32 utilization and distribution of energy.
62-33 704.080 Printing and posting of schedules. A copy, or so much of
62-34 the schedule as the commission shall deem necessary for the use of the
62-35 public, shall be printed in plain type and posted in every station or office
62-36 of such public utility where payments are made by the consumers or users,
62-37 open to the public, in such form and place as to be readily accessible to the
62-38 public and conveniently inspected.
62-39 704.090 Schedule of joint rates: Filing; printing; posting. When a
62-40 schedule of joint rates or charges is or may be in force between two or
62-41 more public utilities, such schedule shall, in like manner, be printed and
62-42 filed with the commission, and so much thereof as the commission may
62-43 deem necessary for the use of the public shall be posted conspicuously in
62-44 every station or office as provided in NRS 704.080.
63-1 704.275 Powers of commission: Standards for requiring hearing
63-2 on telephone rates. The commission shall determine whether a hearing
63-3 must be held when the proposed change by a public utility furnishing
63-4 telephone service in any schedule stating a new or revised individual or
63-5 joint rate or charge, or any new or revised individual or joint regulation or
63-6 practice affecting any rate or charge, will result in an increase in annual
63-7 gross revenue as certified by the applicant of $50,000 or 10 percent of the
63-8 applicant’s gross revenue, whichever is less.
63-9 Section 10 of chapter 16, Statutes of Nevada 2001:
63-10 Sec. 10. “Consumer’s advocate” means the consumer’s
63-11 advocate of the bureau of consumer protection in the office of the
63-12 attorney general.
63-13 Section 2 of chapter 349, Statutes of Nevada 2001:
63-14 Sec. 2. NRS 704.965 is hereby amended to read as follows:
63-15 704.965 As used in NRS 704.965 to 704.990, inclusive, and
63-16 section 1 of this act, unless the context otherwise requires, the words
63-17 and terms defined in NRS 704.966 to 704.975, inclusive, have the
63-18 meanings ascribed to them in those sections.
63-19 Section 4 of chapter 519, Statutes of Nevada 2001:
63-20 Sec. 4. “Biomass” means any organic matter that is available
63-21 on a renewable basis, including, without limitation:
63-22 1. Agricultural crops and agricultural wastes and residues;
63-23 2. Wood and wood wastes and residues;
63-24 3. Animal wastes;
63-25 4. Municipal wastes; and
63-26 5. Aquatic plants.
63-27 H