REQUIRES TWO-THIRDS MAJORITY VOTE (§§ 26.7, 32.5)
(REPRINTED WITH ADOPTED AMENDMENTS)
FOURTH REPRINT A.B. 661
Assembly Bill No. 661–Select Committee on Energy
March 26, 2001
____________
Referred to Select Committee on Energy
SUMMARY—Revises and repeals various provisions concerning utilities and energy. (BDR 58‑1128)
FISCAL NOTE: Effect on Local Government: No.
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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 this session, the legislature has considered a number of
2-23 different but complementary approaches to developing and using new
2-24 generation assets and other new electric resources and to increasing the
2-25 supply of reasonably priced electricity in this state;
2-26 7. The development and use of new generation assets and other new
2-27 electric resources by eligible customers would permit the electric utilities
2-28 in this state to reduce their dependence on purchases of excessively priced
2-29 electricity from dysfunctional, short-term energy markets and would
2-30 thereby reduce the average system costs for such electric utilities;
2-31 8. The development and use of new generation assets and other new
2-32 electric resources can be encouraged by allowing eligible customers to use
2-33 their own resources, initiative, expertise and credit to develop, access and
2-34 enter into agreements for the purchase of electricity from new generation
2-35 assets and other new electric resources; and
2-36 9. To protect the electric utilities in this state and their remaining
2-37 customers, all transactions proposed by eligible customers pursuant to
2-38 sections 3 to 26, inclusive, of this act must be carefully reviewed by the
2-39 public utilities commission of Nevada to ensure that the electric utilities in
2-40 this state and their remaining customers are not subject to increased costs
2-41 as a result of the proposed transactions and that the proposed transactions
2-42 are not otherwise contrary to the public interest.
2-43 Sec. 2. Title 58 of NRS is hereby amended by adding thereto a new
2-44 chapter to consist of the provisions set forth as sections 3 to 26, inclusive,
2-45 of this act.
2-46 Sec. 3. As used in this chapter, unless the context otherwise
2-47 requires, the words and terms defined in sections 4 to 16, inclusive, of
2-48 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 Assembly Bill No. 369 of this session.
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, capacity or ancillary services to be
6-40 purchased from 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 Senate Bill No. 372 of this
9-15 session 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. 26.05 Title 58 of NRS is hereby amended by adding thereto a
11-2 new chapter to consist of the provisions set forth as sections 26.1 to 26.95,
11-3 inclusive, of this act.
11-4 Sec. 26.1. As used in this chapter, unless the context otherwise
11-5 requires, the words and terms defined in sections 26.15 to 26.6, inclusive,
11-6 of this act have the meanings ascribed to them in those sections.
11-7 Sec. 26.15. “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. 26.2. “Commission” means the public utilities commission of
11-11 Nevada.
11-12 Sec. 26.25. “Fund” means the fund for energy assistance and
11-13 conservation created by section 26.8 of this act.
11-14 Sec. 26.3. “Housing division” means the housing division of the
11-15 department of business and industry.
11-16 Sec. 26.35. “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. 26.4. “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. 26.45. “Public utility” has the meaning ascribed to it in NRS
11-33 704.020 and 704.030.
11-34 Sec. 26.5. 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. 26.55. “Universal energy charge” means the charge imposed
12-9 pursuant to section 26.7 of this act.
12-10 Sec. 26.6. “Welfare division” means the welfare division of the
12-11 department of human resources.
12-12 Sec. 26.65. 1. The provisions of section 26.7 of this act do not
12-13 apply to any therm of natural gas or any kilowatt-hour of electricity that
12-14 a retail 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 26.85 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 26.9 of this act.
12-29 Sec. 26.7. 1. Except as otherwise provided in this section and
12-30 section 26.65 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, during a 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. 26.75. 1. The commission shall adopt regulations to carry out
13-27 and enforce the provisions of section 26.7 of this act. Such regulations
13-28 may require public utilities, municipal utilities and retail customers that
13-29 are required to collect or remit money for the universal energy charge to
13-30 file 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 26.7 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. 26.8. 1. There is hereby created as a special revenue fund in
14-7 the 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 26.7 of this act, the money in the fund must be distributed
14-26 pursuant to sections 26.85 and 26.9 of this act.
14-27 Sec. 26.85. 1. Seventy-five percent of the money in the fund must
14-28 be 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 26.65 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
14-39 26.95 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 26.8 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 26.95 of this act.
15-41 Sec. 26.9. 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 26.65 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
16-10 26.95 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 26.95 of this act.
16-47 Sec. 26.95. 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 26.85 and 26.9 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. 27. 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. 28. 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. 29. 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. 30. 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 26.7 and 26.75 of
18-48 this act.
19-1 (b) Shall prescribe by regulation the procedure for appealing a decision
19-2 of a hearing officer to the commission.
19-3 5. The commission shall not appoint a hearing officer to conduct
19-4 proceedings or hearings :
19-5 (a) In any matter pending before the commission pursuant to sections
19-6 8 to 18, inclusive, of [this act.] Assembly Bill No. 369 of this session; or
19-7 (b) In any matter pending before the commission pursuant to NRS
19-8 704.070 to 704.110, inclusive, and sections 41 to 46, inclusive, of this act
19-9 in which an electric utility has filed a general rate application or an
19-10 application to clear its deferred accounts.
19-11 6. As used in this section, “electric utility” has the meaning ascribed
19-12 to it in section 19 of Assembly Bill No. 369 of this session.
19-13 Sec. 30.5. NRS 703.147 is hereby amended to read as follows:
19-14 703.147 1. The public utilities commission regulatory fund is hereby
19-15 created as a special revenue fund. Except as otherwise provided in section
19-16 12 of Senate Bill No. 372 of this [act,] session and section 26.75 of this
19-17 act, all money collected by the commission pursuant to law must be
19-18 deposited in the state treasury for credit to the fund. Money collected for
19-19 the use of the consumer’s advocate of the bureau of consumer protection in
19-20 the office of the attorney general must be transferred pursuant to the
19-21 provisions of subsection 8 of NRS 704.035.
19-22 2. Money in the fund which belongs to the commission may be used
19-23 only to defray the costs of:
19-24 (a) Maintaining staff and equipment to regulate adequately public
19-25 utilities and other persons subject to the jurisdiction of the commission.
19-26 (b) Participating in all rate cases involving those persons.
19-27 (c) Audits, inspections, investigations, publication of notices, reports
19-28 and retaining consultants connected with that regulation and participation.
19-29 (d) The salaries, travel expenses and subsistence allowances of the
19-30 members of the commission.
19-31 3. All claims against the fund must be paid as other claims against the
19-32 state are paid.
19-33 4. The commission must furnish upon request a statement showing the
19-34 balance remaining in the fund as of the close of the preceding fiscal year.
19-35 Sec. 31. NRS 703.164 is hereby amended to read as follows:
19-36 703.164 1. The commission may employ, or retain on a contract
19-37 basis, legal counsel who shall:
19-38 (a) Except as otherwise provided in subsection 2, be counsel and
19-39 attorney for the commission in all actions, proceedings and hearings.
19-40 (b) Prosecute in the name of the [public utilities commission of Nevada]
19-41 commission all civil actions for the enforcement of chapters 704, 704A,
19-42 705 and 708 of NRS and sections 3 to 26, inclusive, and sections 26.7 and
19-43 26.75 of this act and for the recovery of any penalty or forfeiture provided
19-44 for therein.
19-45 (c) Generally aid the commission in the performance of its duties and
19-46 the enforcement of chapters 704, 704A, 705 and 708 of NRS [.] and
19-47 sections 3 to 26, inclusive, and sections 26.7 and 26.75 of this act.
19-48 2. Each district attorney shall:
20-1 (a) Prosecute any violation of chapter 704, 704A, 705, 708 or 711 of
20-2 NRS for which a criminal penalty is provided and which occurs in his
20-3 county.
20-4 (b) Aid in any investigation, prosecution, hearing or trial held under the
20-5 provisions of chapter 704, 704A, 705, 708 or 711 of NRS and, at the
20-6 request of the commission or its legal counsel, act as counsel and attorney
20-7 for the commission.
20-8 3. The attorney general shall, if the district attorney fails or refuses to
20-9 do so, prosecute all violations of the laws of this state by public utilities
20-10 under the jurisdiction of the commission and their officers, agents and
20-11 employees.
20-12 4. The attorney general is not precluded from appearing in or moving
20-13 to intervene in any action and representing the interest of the State of
20-14 Nevada in any action in which the commission is a party and is represented
20-15 by independent counsel.
20-16 Sec. 32. NRS 703.196 is hereby amended to read as follows:
20-17 703.196 1. Any books, accounts, records, minutes, papers and
20-18 property of any public utility that are subject to examination pursuant to
20-19 NRS 703.190 or 703.195 and are made available to the commission, any
20-20 officer or employee of the commission, the bureau of consumer protection
20-21 in the office of the attorney general or any other person under the condition
20-22 that the disclosure of such information to the public be withheld or
20-23 otherwise limited, must not be disclosed to the public unless the
20-24 commission first determines that the disclosure is justified.
20-25 2. The commission shall take such actions as are necessary to protect
20-26 the confidentiality of such information, including, without limitation:
20-27 (a) Granting such protective orders as it deems necessary; and
20-28 (b) Holding closed hearings to receive or examine such information.
20-29 3. If the commission closes a hearing to receive or examine such
20-30 information, it shall:
20-31 (a) Restrict access to the records and transcripts of such hearings
20-32 without the prior approval of the commission or an order of a court of
20-33 competent jurisdiction authorizing access to the records or transcripts; and
20-34 (b) Prohibit any participant at such a hearing from disclosing such
20-35 information without the prior authorization of the commission.
20-36 4. A representative of the regulatory operations staff of the
20-37 commission and the bureau of consumer protection:
20-38 (a) May attend any closed hearing held pursuant to this section; and
20-39 (b) Have access to any records or other information determined to be
20-40 confidential pursuant to this section.
20-41 5. The commission shall consider in an open meeting whether the
20-42 information reviewed or examined in a closed hearing may be disclosed
20-43 without revealing the confidential subject matter of the information. To the
20-44 extent the commission determines the information may be disclosed, the
20-45 information must become a part of the records available to the public.
20-46 Information which the commission determines may not be disclosed must
20-47 be kept under seal.
21-1 Sec. 32.5. NRS 703.197 is hereby amended to read as follows:
21-2 703.197 1. The commission may collect fees for the filing of any
21-3 official document required by this chapter and chapters 704, 704A, 705 and
21-4 708 of NRS and sections 3 to 26, inclusive, of this act or by a regulation
21-5 of the commission.
21-6 2. Filing fees may not exceed:
21-7 (a) For applications, $200.
21-8 (b) For petitions seeking affirmative relief, $200.
21-9 (c) For each tariff page which requires public notice and is not attached
21-10 to an application, $10. If more than one page is filed at one time, the total
21-11 fee may not exceed the cost of notice and publication.
21-12 (d) For all other documents which require public notice, $10.
21-13 3. If an application or other document is rejected by the commission
21-14 because it is inadequate or inappropriate, the filing fee must be returned.
21-15 4. The commission may not charge any fee for filing [a] :
21-16 (a) A complaint.
21-17 (b) A request for a refund pursuant to section 26.7 of this act.
21-18 Sec. 33. NRS 703.320 is hereby amended to read as follows:
21-19 703.320 1. In any matter pending before the commission, if a hearing
21-20 is required by a specific statute or is otherwise required by the commission,
21-21 the commission shall give notice of the pendency of the matter to all
21-22 persons entitled to notice of the hearing. The commission shall by
21-23 regulation specify:
21-24 (a) The manner of giving notice in each type of proceeding; and
21-25 (b) The persons entitled to notice in each type of proceeding.
21-26 2. The commission shall not dispense with a hearing [in] :
21-27 (a) In any matter pending before the commission pursuant to sections 8
21-28 to 18, inclusive, of [this act.] Assembly Bill No. 369 of this session; or
21-29 (b) Except as otherwise provided in subsection 4 of NRS 704.100, in
21-30 any matter pending before the commission pursuant to NRS 704.070 to
21-31 704.110, inclusive, and sections 41 to 46, inclusive, of this act in which
21-32 an electric utility has filed a general rate application or an application to
21-33 clear its deferred accounts.
21-34 3. In any other matter pending before the commission, the commission
21-35 may dispense with a hearing and act upon the matter pending unless,
21-36 within 10 days after the date of the notice of pendency, a person entitled to
21-37 notice of the hearing files with the commission a request that the hearing
21-38 be held. If such a request for a hearing is filed, the commission shall give at
21-39 least 10 days’ notice of the hearing.
21-40 4. As used in this section, “electric utility” has the meaning ascribed
21-41 to it in section 19 of Assembly Bill No. 369 of this session.
21-42 Sec. 34. NRS 703.330 is hereby amended to read as follows:
21-43 703.330 1. A complete record must be kept of all hearings before the
21-44 commission . [, and all] All testimony at such hearings must be taken
21-45 down by the stenographer appointed by the commission, or, under the
21-46 direction of any competent person appointed by the commission, must be
21-47 reported by sound recording equipment in the manner authorized for
21-48 reporting testimony in district courts. The testimony reported by a
21-49 stenographer must be transcribed, and the transcript filed with the record in
22-1 the matter. The commission may by regulation provide for the transcription
22-2 or safekeeping of sound recordings. Cost of recording and transcribing
22-3 testimony at any hearing, except those hearings ordered pursuant to NRS
22-4 703.310 , must be paid by the applicant. If a complaint is made pursuant to
22-5 NRS 703.310 by a customer or by a political subdivision of the state or
22-6 municipal organization, the complainant is not liable for any costs.
22-7 Otherwise, if there are several applicants or parties to any hearing, the
22-8 commission may apportion the costs among them in its discretion.
22-9 2. [Whenever any complaint] If a petition is served upon the
22-10 commission as provided in NRS 703.373 for the bringing of an action
22-11 against the commission, before the action is reached for trial, the
22-12 commission shall file a certified copy of all proceedings and testimony
22-13 taken with the clerk of the court in which the action is pending.
22-14 3. A copy of the proceedings and testimony must be furnished to any
22-15 party, on payment of a reasonable amount, to be fixed by the commission,
22-16 and the amount must be the same for all parties.
22-17 4. The provisions of this section do not prohibit the commission from
22-18 [restricting] :
22-19 (a) Restricting access to the records and transcripts of a hearing
22-20 pursuant to paragraph (a) of subsection 3 of NRS 703.196.
22-21 (b) Protecting the confidentiality of information pursuant to section
22-22 20 or 21 of this act.
22-23 Sec. 35. NRS 703.374 is hereby amended to read as follows:
22-24 703.374 1. A court of competent jurisdiction, after hearing, may
22-25 issue an injunction suspending or staying any final order of the commission
22-26 if:
22-27 (a) The applicant has filed a motion for a preliminary injunction;
22-28 (b) The applicant has served the motion on the commission and other
22-29 interested parties within 20 days after the rendition of the order on which
22-30 the complaint is based;
22-31 (c) The court finds there is a reasonable likelihood that the applicant
22-32 will prevail on the merits of the matter and will suffer irreparable injury if
22-33 injunctive relief is not granted; and
22-34 (d) The applicant files a bond or other undertaking to secure the adverse
22-35 parties in such manner as the court finds sufficient.
22-36 2. The decision of the commission on each matter considered shall be
22-37 deemed reasonable and just until set aside by the court . [, and in] In all
22-38 actions for an injunction or [otherwise] for any other relief, the burden of
22-39 proof is upon the party attacking or resisting the order of the commission to
22-40 show by clear and satisfactory evidence that the order is unlawful [,] or
22-41 unreasonable . [, as the case may be.]
22-42 3. If an injunction is granted by the court and the order complained of
22-43 is one which [permanently suspends] :
22-44 (a) Disapproves a public utility’s proposed changes in a schedule of
22-45 rates [and charges or a] , or any part thereof , [filed by any public utility]
22-46 pursuant to NRS 704.070 to 704.110, inclusive, [or which otherwise] and
22-47 sections 41 to 46, inclusive, of this act; or
22-48 (b) Otherwise prevents the proposed changes in the schedule , or any
22-49 part thereof , from taking effect,
23-1 the public utility complaining may [keep in effect or put] place into
23-2 effect [, as the case may be, the suspended] the proposed changes in the
23-3 schedule , or any part thereof , pending final determination by the court
23-4 having jurisdiction, by filing a bond with the court in such an amount as
23-5 the court may fix, conditioned upon the refund to persons entitled to the
23-6 excess amount if the [rate or rates so suspended] proposed changes in the
23-7 schedule, or any part thereof, are finally determined by the court to be
23-8 excessive.
23-9 Sec. 36. NRS 703.377 is hereby amended to read as follows:
23-10 703.377 1. [No] Any certificate of public convenience and necessity,
23-11 permit or license issued or transferred in accordance with the [terms]
23-12 provisions of NRS [704.005] 704.001 to 704.751, inclusive, is [either] not
23-13 a franchise or irrevocable.
23-14 2. Upon receipt of a written complaint or on its own motion, the
23-15 commission may, after investigation and hearing, revoke any certificate,
23-16 permit or license, [but as to] except that the commission may not revoke
23-17 the certificate of a public utility [only if] unless the commission has
23-18 arranged for another public utility to provide the service for which the
23-19 certificate was granted.
23-20 3. [The proceedings thereafter are governed by] If the commission
23-21 revokes any certificate, permit or license, the person who held the
23-22 certificate, permit or license may seek judicial review pursuant to the
23-23 provisions of NRS 703.373 to 703.376, inclusive.
23-24 Sec. 37. Chapter 704 of NRS is hereby amended by adding thereto the
23-25 provisions set forth as sections 38 to 46, inclusive, of this act.
23-26 Sec. 38. “Biomass” means any organic matter that is available on a
23-27 renewable basis, including, without limitation:
23-28 1. Agricultural crops and agricultural wastes and residues;
23-29 2. Wood and wood wastes and residues;
23-30 3. Animal wastes;
23-31 4. Municipal wastes; and
23-32 5. Aquatic plants.
23-33 Sec. 39. “Consumer’s advocate” means the consumer’s advocate of
23-34 the bureau of consumer protection in the office of the attorney general.
23-35 Sec. 40. “Renewable energy” has the meaning ascribed to it in
23-36 section 7 of Senate Bill No. 372 of this session.
23-37 Sec. 40.5. 1. For the purposes of protecting the health of
23-38 residential customers who receive gas, water or electricity from public
23-39 utilities, the commission shall adopt or amend regulations that:
23-40 (a) Establish the criteria that will be used to determine when a public
23-41 utility is required to postpone its termination of utility service to the
23-42 residence of a residential customer who has failed to pay for such
23-43 service. Such criteria may be based in part upon the residential
23-44 customer’s ability to pay.
23-45 (b) Require a public utility to postpone its termination of utility service
23-46 to the residence of a residential customer who has failed to pay for such
23-47 service if the residential customer satisfies the criteria established by the
23-48 commission and termination of the utility service is reasonably likely to
24-1 threaten the health of an occupant of the residence of the residential
24-2 customer.
24-3 2. In addition to the regulations adopted pursuant to subsection 1,
24-4 for the purposes of regulating public utilities that provide gas, water or
24-5 electricity to landlords who pay for the utility service and who distribute
24-6 or resell the gas, water or electricity to one or more residential tenants,
24-7 the commission shall adopt or amend regulations to require a public
24-8 utility to use its best efforts to post, in a conspicuous location, notice of
24-9 the intent of the public utility to terminate utility service because the
24-10 landlord has failed to pay for such service. Such notice must provide
24-11 sufficient information to allow residential tenants or their occupants to
24-12 contact the public utility if termination of the utility service is reasonably
24-13 likely to threaten the health of an occupant of the residence of a
24-14 residential tenant.
24-15 3. A public utility shall not terminate utility service for gas, water or
24-16 electricity without complying with the regulations adopted by the
24-17 commission pursuant to this section.
24-18 4. As used in this section:
24-19 (a) “Gas” includes, without limitation, liquefied petroleum gas and
24-20 natural gas.
24-21 (b) “Landlord” means a landlord who is subject, in whole or in part,
24-22 to the provisions of chapter 118A or 118B of NRS.
24-23 Sec. 41. As used in NRS 704.070 to 704.110, inclusive, and sections
24-24 41 to 46, inclusive, of this act, unless the context otherwise requires, the
24-25 words and terms defined in sections 42, 43 and 44 of this act have the
24-26 meanings ascribed to them in those sections.
24-27 Sec. 42. “Application to make changes in any schedule” and
24-28 “application” include, without limitation:
24-29 1. A general rate application;
24-30 2. An application to recover the increased cost of purchased fuel,
24-31 purchased power, or natural gas purchased for resale; and
24-32 3. An application to clear deferred accounts.
24-33 Sec. 43. “Rate” means any individual or joint rate, toll or charge
24-34 imposed by a public utility for a service performed or product furnished
24-35 by the public utility.
24-36 Sec. 44. “Schedule” means any schedule that establishes or
24-37 otherwise sets the rates for a public utility and any individual or joint
24-38 rule, regulation, practice, classification or measurement that in any
24-39 manner affects those rates.
24-40 Sec. 45. For the purposes of NRS 704.070 to 704.110, inclusive, and
24-41 sections 41 to 46, inclusive, of this act, a public utility shall be deemed to
24-42 make changes in a schedule if the public utility implements a new
24-43 schedule or amends an existing schedule.
24-44 Sec. 46. 1. The commission shall conduct a consumer session to
24-45 solicit comments from the public in any matter pending before the
24-46 commission pursuant to NRS 704.070 to 704.110, inclusive, and sections
24-47 41 to 46, inclusive, of this act in which:
24-48 (a) A public utility has filed a general rate application, an application
24-49 to recover the increased cost of purchased fuel, purchased power, or
25-1 natural gas purchased for resale or an application to clear its deferred
25-2 accounts; and
25-3 (b) The changes proposed in the application will result in an increase
25-4 in annual gross operating revenue, as certified by the applicant, in an
25-5 amount that will exceed $50,000 or 10 percent of the applicant’s annual
25-6 gross operating revenue, whichever is less.
25-7 2. In addition to the case-specific consumer sessions required by
25-8 subsection 1, the commission shall, during each calendar year, conduct
25-9 at least one general consumer session in the county with the largest
25-10 population in this state and at least one general consumer session in the
25-11 county with the second largest population in this state. At each general
25-12 consumer session, the commission shall solicit comments from the public
25-13 on issues concerning public utilities. Not later than 60 days after each
25-14 general consumer session, the commission shall submit the record from
25-15 the general consumer session to the legislative commission.
25-16 Sec. 47. NRS 704.005 is hereby amended to read as follows:
25-17 704.005 As used in this chapter, unless the context otherwise requires,
25-18 the words and terms defined in NRS 704.010 to 704.030, inclusive, and
25-19 sections 38 and 39 of this act have the meanings ascribed to them in those
25-20 sections.
25-21 Sec. 48. NRS 704.033 is hereby amended to read as follows:
25-22 704.033 1. The commission shall levy and collect an annual
25-23 assessment from all public utilities subject to the jurisdiction of the
25-24 commission.
25-25 2. Except as otherwise provided in subsection 3, the annual assessment
25-26 must be:
25-27 (a) For the use of the commission, not more than 3.50 mills; and
25-28 (b) For the use of the consumer’s advocate , [of the bureau of consumer
25-29 protection in the office of the attorney general,] not more than
25-30 0.75 mills,
25-31 on each dollar of gross operating revenue derived from the intrastate
25-32 operations of such utilities in the State of Nevada, except that the minimum
25-33 assessment in any 1 year must be $10. The total annual assessment must be
25-34 not more than 4.25 mills.
25-35 3. For railroads the total annual assessment must be the amount levied
25-36 for the use of the commission pursuant to paragraph (a) of subsection 2.
25-37 The levy for the use of the consumer’s advocate must not be assessed
25-38 against railroads.
25-39 4. The gross operating revenue of the utilities must be determined for
25-40 the preceding calendar year. In the case of:
25-41 (a) Telephone utilities, except as otherwise provided in paragraph (c),
25-42 the revenue shall be deemed to be all intrastate revenues that are
25-43 considered by the commission for the purpose of establishing rates.
25-44 (b) Railroads, the revenue shall be deemed to be the revenue received
25-45 only from freight and passenger intrastate movements.
25-46 (c) All public utilities, the revenue does not include the proceeds of any
25-47 commodity, energy or service furnished to another public utility for resale.
26-1 Sec. 49. NRS 704.035 is hereby amended to read as follows:
26-2 704.035 1. On or before June 1 of each year, the commission shall
26-3 mail revenue report forms to all public utilities under its jurisdiction, to the
26-4 address of those utilities on file with the commission. The revenue report
26-5 form serves as notice of the commission’s intent to assess the utilities, but
26-6 failure to notify any utility does not invalidate the assessment with respect
26-7 thereto.
26-8 2. Each public utility subject to the provisions of NRS 704.033 shall
26-9 complete the revenue report referred to in subsection 1, compute the
26-10 assessment and return the completed revenue report to the commission
26-11 accompanied by payment of the assessment and any penalty due, pursuant
26-12 to the provisions of subsection 5.
26-13 3. The assessment is due on July 1 of each year, but may, at the option
26-14 of the public utility, be paid quarterly on July 1, October 1, January 1 and
26-15 April 1.
26-16 4. The assessment computed by the utility is subject to review and
26-17 audit by the commission, and the amount of the assessment may be
26-18 adjusted by the commission as a result of the audit and review.
26-19 5. Any public utility failing to pay the assessment provided for in NRS
26-20 704.033 on or before August 1, or if paying quarterly, on or before
26-21 August 1, October 1, January 1 or April 1, shall pay, in addition to such
26-22 assessment, a penalty of 1 percent of the total unpaid balance for each
26-23 month or portion thereof that the assessment is delinquent, or $10,
26-24 whichever is greater, but no penalty may exceed $1,000 for each
26-25 delinquent payment.
26-26 6. When a public utility sells, transfers or conveys substantially all of
26-27 its assets or certificate of public convenience and necessity, the
26-28 commission shall determine, levy and collect the accrued assessment for
26-29 the current year not later than 30 days after the sale, transfer or
26-30 conveyance, unless the transferee has assumed liability for the assessment.
26-31 For purposes of this subsection the jurisdiction of the commission over the
26-32 selling, transferring or conveying public utility continues until it has paid
26-33 the assessment.
26-34 7. The commission may bring an appropriate action in its own name
26-35 for the collection of any assessment and penalty which is not paid as
26-36 provided in this section.
26-37 8. The commission shall, on a quarterly basis, transfer to the account
26-38 for the consumer’s advocate [of the bureau of consumer protection in the
26-39 office of the attorney general] that portion of the assessments collected
26-40 which belongs to the consumer’s advocate.
26-41 Sec. 50. NRS 704.070 is hereby amended to read as follows:
26-42 704.070 Unless exempt under the provisions of NRS 704.075 ,
26-43 704.095 or 704.097:
26-44 1. [Every] Each public utility shall file with the commission, within a
26-45 time to be fixed by the commission, a copy of all schedules [which] that
26-46 are currently in force for the public utility. Such schedules must be open
26-47 to public inspection . [, showing all rates, tolls and charges which it has
26-48 established and which are in force at the time for any service performed or
27-1 product furnished in connection therewith by any public utility controlled
27-2 and operated by it.
27-3 2. All rules or regulations that in any manner affect the rates charged
27-4 or to be charged for any service or product must be filed with that
27-5 schedule.]
27-6 2. A copy of each schedule that is currently in force for the public
27-7 utility, or so much of the schedule as the commission deems necessary
27-8 for inspection by the public, must be:
27-9 (a) Printed in plain type and posted in each office of the public utility
27-10 where payments are made to the public utility by its customers; and
27-11 (b) Open to inspection by the public and in such form and place as to
27-12 be readily accessible to and conveniently inspected by the public.
27-13 Sec. 51. NRS 704.075 is hereby amended to read as follows:
27-14 704.075 1. As used in this section, with respect to the sale of natural
27-15 gas:
27-16 (a) “Generating customer” means a customer who generates electricity
27-17 by burning natural gas.
27-18 (b) “Industrial customer” means a customer engaged primarily in
27-19 manufacturing or processing which changes raw or unfinished materials
27-20 into another form or creates another product.
27-21 (c) “Large commercial customer” means a customer whose
27-22 requirements equal or exceed [50 thousand] 50,000 cubic feet of natural
27-23 gas per day on any day and which is an institution, an agency of federal,
27-24 state or local government, or engaged primarily in renting out offices or
27-25 other commercial space, in providing lodging or in the sale of other goods
27-26 or services.
27-27 2. The commission shall establish standards for the setting, increase or
27-28 decrease of rates [and charges] for natural gas to generating, industrial and
27-29 large commercial customers. These standards must authorize increases or
27-30 decreases on less than 30 days’ notice. Establishing different classes of
27-31 customers, and charging different rates to customers of the same class, for
27-32 these customers do not violate this chapter.
27-33 3. The commission may, for sales to generating, industrial and large
27-34 commercial customers:
27-35 (a) Exempt the [filing of] rates for natural gas from those provisions of
27-36 NRS [704.080, 704.090,] 704.070, 704.100 and 704.110 [which it] that the
27-37 commission determines are not needed to protect the public interest.
27-38 (b) Authorize the establishment of different classes of customer or the
27-39 charging of different rates for customers of the same class, based on value
27-40 of the service and on the customer’s ability to change from one fuel to
27-41 another.
27-42 Sec. 52. NRS 704.100 is hereby amended to read as follows:
27-43 704.100 Except as otherwise provided in NRS 704.075 or as may
27-44 otherwise be provided by the commission pursuant to NRS 704.095 [,
27-45 704.097 or 704.275:
27-46 1. No changes may be made] or 704.097:
27-47 1. A public utility shall not make changes in any schedule, [including
27-48 schedules of joint rates, or in the rules or regulations affecting any rates or
27-49 charges, except upon 30 days’ notice to the commission, and all changes
28-1 must be plainly indicated, or by filing new schedules in lieu thereof 30
28-2 days before the time the schedules are to take effect. The commission,
28-3 upon application of any public utility, may prescribe a shorter time within
28-4 which a reduction may be made.
28-5 2. Copies] unless the public utility:
28-6 (a) Files with the commission an application to make the proposed
28-7 changes and the commission approves the proposed changes pursuant to
28-8 NRS 704.110; or
28-9 (b) Files the proposed changes with the commission using a letter of
28-10 advice in accordance with the provisions of subsection 4.
28-11 2. A public utility shall post copies of all proposed[,] schedules and
28-12 all new or amended schedules [must be filed and posted in the offices of
28-13 public utilities as required for original schedules.] in the same offices and
28-14 in substantially the same form, manner and places as required by NRS
28-15 704.070 for the posting of copies of schedules that are currently in force.
28-16 3. A public utility may not set forth as justification for a rate increase
28-17 any items of expense or rate base [which] that previously have been
28-18 considered and disallowed by the commission, [only if] unless those items
28-19 are clearly identified in the application and new facts or considerations of
28-20 policy for each item are advanced in the application to justify a reversal of
28-21 the [commission’s] prior decision[.
28-22 4. The commission shall determine whether a hearing must be held
28-23 when] of the commission.
28-24 4. Except as otherwise provided in subsection 5, if the proposed
28-25 change in any schedule [stating a new or revised individual or joint rate,
28-26 fare or charge, or any new or revised individual or joint regulation or
28-27 practice affecting any rate, fare or charge,] does not change any rate or
28-28 will result in an increase in annual gross operating revenue , as certified by
28-29 the [applicant of $2,500 or less.] public utility, in an amount that does not
28-30 exceed $2,500:
28-31 (a) The public utility may file the proposed change with the
28-32 commission using a letter of advice in lieu of filing an application; and
28-33 (b) The commission shall determine whether it should dispense with a
28-34 hearing regarding the proposed change.
28-35 5. If the applicant is a public utility furnishing telephone service and
28-36 the proposed change in any schedule will result in an increase in annual
28-37 gross operating revenue, as certified by the applicant, in an amount that
28-38 does not exceed $50,000 or 10 percent of the applicant’s annual gross
28-39 operating revenue, whichever is less, the commission shall determine
28-40 whether it should dispense with a hearing regarding the proposed
28-41 change.
28-42 6. In making the determination pursuant to subsection 4 or 5, the
28-43 commission shall first consider all timely written protests, any presentation
28-44 that the regulatory operations staff of the commission may desire to
28-45 present, the application of the public utility and any other matters deemed
28-46 relevant by the commission.
29-1 Sec. 53. NRS 704.110 is hereby amended to read as follows:
29-2 704.110 Except as otherwise provided in NRS 704.075 or as may
29-3 otherwise be provided by the commission pursuant to NRS 704.095 or
29-4 704.097:
29-5 1. [Whenever there is filed] If a public utility files with the
29-6 commission an application to make changes in any schedule [stating a
29-7 new or revised individual or joint rate or charge, or any new or revised
29-8 individual or joint regulation or practice affecting any rate or charge, or
29-9 any schedule resulting] , including, without limitation, changes that will
29-10 result in a discontinuance, modification or restriction of service, the
29-11 commission [may, upon complaint or upon its own motion without
29-12 complaint, at once, without answer or formal pleading by the interested
29-13 utility, investigate or, upon reasonable notice, conduct a hearing
29-14 concerning] shall investigate the propriety of the [rate, charge,
29-15 classification, regulation, discontinuance, modification, restriction or
29-16 practice.
29-17 2. Pending the investigation or hearing and the decision thereon, the
29-18 commission, upon delivering to the utility affected thereby a statement in
29-19 writing of its reasons for the suspension, may suspend the operation of the
29-20 schedule and defer the use of the rate, charge, classification, regulation,
29-21 discontinuance, modification, restriction or practice. If the rate, charge,
29-22 classification, regulation, discontinuance, modification, restriction or
29-23 practice is part of:
29-24 (a) A filing made pursuant to subsection 7, the suspension must not be
29-25 effective for more than 90 days beyond the time when the rate, charge,
29-26 classification, regulation, discontinuance, modification, restriction or
29-27 practice would otherwise go into effect.
29-28 (b) Any other filing made pursuant to this section, the suspension must
29-29 not be effective for more than 150 days beyond the time when the rate,
29-30 charge, classification, regulation, discontinuance, modification, restriction
29-31 or practice would otherwise go into effect.
29-32 3. Whenever there is filed] proposed changes to determine whether to
29-33 approve or disapprove the proposed changes. If an electric utility files
29-34 such an application and the application is a general rate application or
29-35 an application to clear its deferred accounts, the consumer’s advocate
29-36 shall be deemed a party of record.
29-37 2. Except as otherwise provided in subsection 3, if a public utility
29-38 files with the commission an application to make changes in any
29-39 schedule, not later than 180 days after the date on which the application
29-40 is filed, the commission shall issue a written order approving or
29-41 disapproving, in whole or in part, the proposed changes.
29-42 3. If a public utility files with the commission [any schedule stating an
29-43 increased individual or joint rate or charge for service or equipment,] a
29-44 general rate application, the public utility shall submit with its application
29-45 a statement showing the recorded results of revenues, expenses,
29-46 investments and costs of capital for its most recent 12 months for which
29-47 data were available when the application was prepared. [During any
29-48 hearing concerning the increased rates or charges determined by the
29-49 commission to be necessary,] In determining whether to approve or
30-1 disapprove any increased rates, the commission shall consider evidence in
30-2 support of the increased rates [or charges] based upon actual recorded
30-3 results of operations for the same 12 months, adjusted for increased
30-4 revenues, any increased investment in facilities, increased expenses for
30-5 depreciation, certain other operating expenses as approved by the
30-6 commission and changes in the costs of securities which are known and are
30-7 measurable with reasonable accuracy at the time of filing and which will
30-8 become effective within 6 months after the last month of those 12 months,
30-9 but [no new rates or charges may be placed] the public utility shall not
30-10 place into effect any increased rates until the changes have been
30-11 experienced and certified by the public utility to the commission [.] and
30-12 the commission has approved the increased rates. The commission shall
30-13 also consider evidence supporting expenses for depreciation, calculated on
30-14 an annual basis, applicable to major components of the public utility’s
30-15 plant placed into service during the recorded test period or the period for
30-16 certification as set forth in the application. Adjustments to revenues,
30-17 operating expenses and costs of securities must be calculated on an annual
30-18 basis. Within 90 days after the [filing with the commission of] date on
30-19 which the certification required [in] by this subsection [, or before the
30-20 expiration of any period of suspension ordered pursuant to subsection 2,] is
30-21 filed with the commission, or within 180 days after the date on which the
30-22 general rate application is filed with the commission, whichever time is
30-23 longer, the commission shall make such order in reference to [those rates
30-24 or charges] the increased rates as is required by this chapter. An electric
30-25 utility shall file a general rate application pursuant to this subsection at
30-26 least once every 24 months.
30-27 4. [After full investigation or hearing, whether completed before or
30-28 after the date upon which the rate, charge, classification, regulation,
30-29 discontinuance, modification, restriction or practice is to go into effect, the
30-30 commission may make such order in reference to the rate, charge,
30-31 classification, regulation, discontinuance, modification, restriction or
30-32 practice as would be proper in a proceeding initiated after the rate, charge,
30-33 classification, regulation, discontinuance, modification, restriction or
30-34 practice has become effective.
30-35 5. Except as otherwise provided in subsection 6, whenever] If a public
30-36 utility files with the commission an application to make changes in any
30-37 schedule and the commission does not issue a final written order
30-38 regarding the proposed changes within the time required by this section,
30-39 the proposed changes shall be deemed to be approved by the commission.
30-40 5. If a public utility files with the commission a general rate
30-41 application [for an increased rate or charge for, or classification, regulation,
30-42 discontinuance, modification, restriction or practice involving service or
30-43 equipment has been filed with the commission, a] , the public utility shall
30-44 not [submit] file with the commission another general rate application until
30-45 all pending general rate applications [for increases in rates submitted] filed
30-46 by that public utility have been decided by the commission unless, after
30-47 application and hearing, the commission determines that a substantial
30-48 financial emergency would exist if the [other application] public utility is
30-49 not permitted to [be submitted] file another general rate application
31-1 sooner. The provisions of this subsection do not prohibit the public utility
31-2 from filing with the commission, while a general rate application is
31-3 pending, an application to recover the increased cost of purchased fuel,
31-4 purchased power, or natural gas purchased for resale pursuant to
31-5 subsection 6 or an application to clear its deferred accounts pursuant to
31-6 subsection 7, if the public utility is otherwise authorized by those
31-7 provisions to file such an application.
31-8 6. A public utility may file an application to recover the increased cost
31-9 of purchased fuel, purchased power, or natural gas purchased for resale
31-10 once every 30 days. The provisions of this subsection do not apply to an
31-11 electric utility using deferred accounting pursuant to section 19 of [this
31-12 act.] Assembly Bill No. 369 of this session.
31-13 7. Except as otherwise provided in subsection 8 [, whenever] and
31-14 subsection 4 of NRS 704.100, if an electric utility using deferred
31-15 accounting pursuant to section 19 of [this act] Assembly Bill No. 369 of
31-16 this session files an application to clear its deferred accounts and to change
31-17 one or more of its rates [or charges] based upon changes in the costs for
31-18 purchased fuel or purchased power, the commission, after a public hearing
31-19 and by an appropriate order:
31-20 (a) Shall allow the electric utility to clear its deferred accounts by
31-21 refunding any credit balance or recovering any debit balance over a period
31-22 not to exceed 3 years, as determined by the commission.
31-23 (b) Shall not allow the electric utility to recover any debit balance, or
31-24 portion thereof, in an amount that would result in a rate of return during the
31-25 period of recovery that exceeds the rate of return authorized by the
31-26 commission in the most recently completed rate proceeding for the electric
31-27 utility.
31-28 8. Before allowing an electric utility to clear its deferred accounts
31-29 pursuant to subsection 7, the commission shall determine whether the costs
31-30 for purchased fuel and purchased power that the electric utility recorded in
31-31 its deferred accounts are recoverable and whether the revenues that the
31-32 electric utility collected from customers in this state for purchased fuel and
31-33 purchased power are properly recorded and credited in its deferred
31-34 accounts. The commission shall not allow the electric utility to recover any
31-35 costs for purchased fuel and purchased power that were the result of any
31-36 practice or transaction that was undertaken, managed or performed
31-37 imprudently by the electric utility.
31-38 9. [Whenever] If an electric utility files an application to clear its
31-39 deferred accounts pursuant to subsection 7 while a general rate application
31-40 is pending, the electric utility shall:
31-41 (a) Submit with its application to clear its deferred accounts information
31-42 relating to the cost of service and rate design; and
31-43 (b) Supplement its general rate application with the same information, if
31-44 such information was not submitted with the general rate application.
31-45 10. A utility facility identified in a 3-year plan submitted pursuant to
31-46 NRS 704.741 and accepted by the commission for acquisition or
31-47 construction pursuant to NRS 704.751 and the regulations adopted
31-48 pursuant thereto shall be deemed to be a prudent investment. The utility
32-1 may recover all just and reasonable costs of planning and constructing such
32-2 a facility.
32-3 11. As used in this section, “electric utility” has the meaning ascribed
32-4 to it in section 19 of [this act.] Assembly Bill No. 369 of this session.
32-5 Sec. 54. NRS 704.329 is hereby amended to read as follows:
32-6 704.329 1. Except as otherwise provided in [this section,] subsection
32-7 6, a person shall not merge with, directly acquire, indirectly acquire
32-8 through a subsidiary or affiliate, or otherwise directly or indirectly obtain
32-9 control of a public utility doing business in this state or an entity that holds
32-10 a controlling interest in such a public utility without first submitting to the
32-11 commission an application for authorization of the proposed [merger,
32-12 acquisition or other] transaction and obtaining authorization from the
32-13 commission.
32-14 2. Any [merger, acquisition or other] transaction that violates the
32-15 provisions of this section is void and unenforceable and is not valid for any
32-16 purpose.
32-17 3. Before authorizing a proposed [merger, acquisition or other]
32-18 transaction pursuant to this section, the commission shall consider the
32-19 effect of the proposed [merger, acquisition or other] transaction on the
32-20 public interest and the customers in this state. The commission shall not
32-21 authorize the proposed [merger, acquisition or other] transaction unless the
32-22 commission finds that the proposed [merger, acquisition or other]
32-23 transaction:
32-24 (a) Will be in the public interest; and
32-25 (b) Complies with the provisions of sections 8 to 18, inclusive, of [this
32-26 act,] Assembly Bill No. 369 of this session, if the proposed [merger,
32-27 acquisition or other] transaction is subject to those provisions.
32-28 4. The commission may base its authorization of the proposed [merger,
32-29 acquisition or other] transaction upon such terms, conditions or
32-30 modifications as the commission deems appropriate.
32-31 5. If the commission does not issue a final order regarding the
32-32 proposed [merger, acquisition or other] transaction within 180 days after
32-33 the date on which an application or amended application for authorization
32-34 of the proposed [merger, acquisition or other] transaction was filed with the
32-35 commission, and the proposed [merger, acquisition or other] transaction is
32-36 not subject to the provisions of sections 8 to 18, inclusive, of [this act,]
32-37 Assembly Bill No. 369 of this session, the proposed [merger, acquisition or
32-38 other] transaction shall be deemed to be authorized by the commission.
32-39 6. The provisions of this section do not apply to [the]:
32-40 (a) The transfer of stock of a public utility doing business in this state or
32-41 to the transfer of the stock of an entity [holding]that holds a controlling
32-42 interest in such a public utility, if a transfer of not more than 25 percent of
32-43 the common stock of such a public utility or entity is proposed.
32-44 (b) Except as otherwise provided in this paragraph, a proposed
32-45 transaction involving a public utility doing business in this state
32-46 providing telecommunication services or an entity that holds a
32-47 controlling interest in such a public utility if, in the most recently
32-48 completed calendar year, not more than 10 percent of the gross operating
32-49 revenue of the public utility or the entity that holds a controlling interest
33-1 in the public utility was derived from intrastate telecommunication
33-2 services provided to retail customers in this state by the public utility.
33-3 Such a proposed transaction is not exempted from the provisions of this
33-4 section if:
33-5 (1) Not later than 30 days after the date on which the person
33-6 undertaking the proposed transaction submits the notification required
33-7 by 15 U.S.C. § 18a, the regulatory operations staff of the commission or
33-8 the consumer’s advocate requests an order from the commission
33-9 requiring the person to file an application for authorization of the
33-10 proposed transaction;
33-11 (2) The request alleges in sufficient detail that the proposed
33-12 transaction may materially affect retail customers of public utilities in
33-13 this state; and
33-14 (3) The commission issues an order requiring the person to file an
33-15 application for authorization of the proposed transaction.
33-16 7. As used in this section:
33-17 (a) “Person” means:
33-18 (1) A natural person;
33-19 (2) Any form of business or social organization and any other
33-20 nongovernmental legal entity, including, without limitation, a
33-21 corporation, partnership, association, trust or unincorporated
33-22 organization;
33-23 (3) A government or an agency or instrumentality of a government,
33-24 including, without limitation, this state or an agency or instrumentality
33-25 of this state; and
33-26 (4) A political subdivision of this state or of any other government
33-27 or an agency or instrumentality of a political subdivision of this state or
33-28 of any other government.
33-29 (b) “Transaction” means a merger, acquisition or change in control
33-30 described in subsection 1.
33-31 Sec. 55. NRS 704.68964 is hereby amended to read as follows:
33-32 704.68964 1. An electing carrier may, pursuant to this section and in
33-33 accordance with NRS 704.68976, exercise flexibility in the pricing of:
33-34 (a) Competitive services and discretionary services. The commission
33-35 shall not specify a maximum rate for any competitive services or
33-36 discretionary services of the electing carrier. The electing carrier shall, with
33-37 regard to any competitive or discretionary service that it provides, set the
33-38 price of that service above the price floor of the service.
33-39 (b) A package of services, which may include basic network services,
33-40 competitive services, discretionary services and other essential services.
33-41 2. Except as otherwise provided in this subsection, an electing carrier
33-42 may, upon 30-days’ notice to the commission in writing, exercise
33-43 flexibility in the pricing of its services pursuant to subsection 1 and is
33-44 exempt, with respect to the pricing of its services, from the provisions of
33-45 NRS 704.100 and 704.110 and the regulations of the commission relating
33-46 thereto. The notice must include a description in reasonable detail of:
33-47 (a) The characteristics of the services that will be subject to flexibility in
33-48 pricing;
33-49 (b) The terms and conditions applicable to the services;
34-1 (c) The nature of any limitations on the duration or geographical
34-2 availability of the services;
34-3 (d) The price or prices of the services or packages of services; and
34-4 (e) A certificate which provides that the electing carrier has prepared a
34-5 cost study of the price floor to support the price or prices for each service
34-6 and that, on and after the date on which the notice is filed with the
34-7 commission, any affected person may, upon request, inspect and copy the
34-8 cost study, subject to reasonable terms and conditions of any applicable
34-9 confidentiality and nondisclosure agreement relating to the
34-10 services.
34-11 The notice requirements of this subsection do not apply to an electing
34-12 carrier with respect to the pricing of competitive services or for packages
34-13 comprised exclusively of competitive services.
34-14 3. The price for a package of services must not be lower than the lesser
34-15 of:
34-16 (a) The sum of the price floors for each of the services contained in the
34-17 package; or
34-18 (b) The sum of the prices of the basic network services, as set forth in
34-19 the tariffs of the electing carrier, and the price floors for each of the other
34-20 services contained in the package.
34-21 4. The commission shall not specify a maximum rate for a package of
34-22 services.
34-23 5. Each of the services included in a package pursuant to paragraph (b)
34-24 of subsection 1 must be made available on an individual basis.
34-25 6. An electing carrier must provide 30-days’ notice to the
34-26 commission in writing before the electing carrier may implement any
34-27 amendment or change to an existing service noticed pursuant to
34-28 subsection 2.
34-29 Sec. 56. NRS 704.68972 is hereby amended to read as follows:
34-30 704.68972 1. An electing carrier may introduce new services upon
34-31 30-days’ notice to the commission in writing. The notice must include a
34-32 description in reasonable detail of:
34-33 (a) The characteristics of each new service;
34-34 (b) The terms and conditions applicable to each new service;
34-35 (c) The nature of any limitations on the duration or geographical
34-36 availability of each new service;
34-37 (d) The price or prices of each new service; and
34-38 (e) A certificate that provides that the electing carrier has prepared a
34-39 cost study of the price floor to support the price or prices for each new
34-40 service and that, on and after the date on which the notice is filed with the
34-41 commission, any affected person may, upon request, inspect and copy the
34-42 cost study, subject to reasonable terms and conditions of any applicable
34-43 confidentiality and nondisclosure agreement.
34-44 2. Each new service is subject to the conditions set forth in NRS
34-45 704.68964.
34-46 3. Each new service is exempt from the provisions of NRS 704.100
34-47 and 704.110 and the regulations of the commission relating thereto.
34-48 4. Unless otherwise classified by the commission as a competitive
34-49 service pursuant to its regulations, a new service must be classified as a
35-1 discretionary service for which the commission shall not specify a
35-2 maximum rate. The electing carrier shall set the price of the new service
35-3 above the price floor of the service.
35-4 5. As used in this section, a “new service” means a telecommunication
35-5 service:
35-6 (a) That provides a function, feature or capability which is materially
35-7 different from any service or services previously offered by the carrier; or
35-8 (b) Combines two or more previously provided new services.
35-9 Sec. 57. NRS 704.743 is hereby amended to read as follows:
35-10 704.743 1. A utility which supplies electricity in this state may apply
35-11 to the commission for authority to charge, as part of a program of optional
35-12 pricing, a higher rate for electricity that is generated from renewable
35-13 energy.
35-14 2. The program may provide the customers of the utility with the
35-15 option of paying a higher rate for electricity to support the increased use by
35-16 the utility of renewable energy in the generation of electricity.
35-17 3. As used in this section [:
35-18 (a) “Biomass” has the meaning ascribed to it in section 4 of this act.
35-19 (b) “Renewable energy” means a source of energy that occurs naturally
35-20 or is regenerated naturally, including, without limitation:
35-21 (1) Wind;
35-22 (2) Solar energy;
35-23 (3) Geothermal energy; and
35-24 (4) Biomass.
35-25 The term does not include coal, natural gas, oil, propane or any other fossil
35-26 fuel, or nuclear energy.] , “renewable energy” has the meaning ascribed
35-27 to it in section 7 of Senate Bill No. 372 of this session.
35-28 Sec. 58. NRS 704.767 is hereby amended to read as follows:
35-29 704.767 As used in NRS [704.767] 704.766 to 704.775, inclusive,
35-30 unless the context otherwise requires, the words and terms defined in NRS
35-31 704.768 to 704.772, inclusive, and section 40 of this act have the
35-32 meanings ascribed to them in those sections.
35-33 Sec. 59. NRS 704.771 is hereby amended to read as follows:
35-34 704.771 “Net metering system” means a facility or energy system for
35-35 the [production of electrical energy] generation of electricity that:
35-36 1. Uses [wind or solar] renewable energy as its primary source of
35-37 [fuel;] energy to generate electricity;
35-38 2. Has a generating capacity of not more than 10 kilowatts;
35-39 3. Is located on the customer-generator’s premises;
35-40 4. Operates in parallel with the utility’s transmission and distribution
35-41 facilities; and
35-42 5. Is intended primarily to offset part or all of the customer-generator’s
35-43 requirements for electricity.
35-44 Sec. 60. NRS 704.773 is hereby amended to read as follows:
35-45 704.773 1. A utility shall offer net metering, as set forth in NRS
35-46 704.775, to the customer-generators operating within its service area .
35-47 [until 100 of those customer-generators have accepted the offer.]
35-48 2. A utility:
36-1 (a) Shall offer to make available to each of its customer-generators who
36-2 has accepted its offer for net metering an energy meter that is capable of
36-3 registering the flow of electricity in two directions.
36-4 (b) May, at its own expense and with the written consent of the
36-5 customer-generator, install one or more additional meters to monitor the
36-6 flow of electricity in each direction.
36-7 (c) Shall not charge a customer-generator any fee or charge that would
36-8 increase the customer-generator’s minimum monthly charge to an amount
36-9 greater than that of other customers of the utility in the same rate class as
36-10 the customer-generator.
36-11 Sec. 61. NRS 704.775 is hereby amended to read as follows:
36-12 704.775 1. The billing period for net metering may be either a
36-13 monthly period or, with the written consent of the customer-generator, an
36-14 annual period.
36-15 2. The net energy measurement must be calculated in the following
36-16 manner:
36-17 (a) The utility shall measure the net electricity produced or consumed
36-18 during the billing period, in accordance with normal metering practices.
36-19 (b) If the electricity supplied by the utility exceeds the electricity
36-20 generated by the customer-generator which is fed back to the utility during
36-21 the billing period, the customer-generator must be billed for the net
36-22 electricity supplied by the utility.
36-23 (c) If the electricity generated by the customer-generator which is fed
36-24 back to the utility exceeds the electricity supplied by the utility during the
36-25 billing period [, neither] :
36-26 (1) Neither the utility nor the customer-generator is entitled to
36-27 compensation for electricity provided to the other during the billing period
36-28 [.] ; and
36-29 (2) The excess electricity which is fed back to the utility shall be
36-30 deemed to be electricity that the utility generated or acquired from a
36-31 renewable energy system for the purposes of complying with its portfolio
36-32 standard pursuant to sections 3 to 12, inclusive, of Senate Bill No. 372 of
36-33 this session.
36-34 Sec. 62. NRS 228.360 is hereby amended to read as follows:
36-35 228.360 The consumer’s advocate:
36-36 1. Shall intervene in and represent the public interest in [all] :
36-37 (a) All proceedings conducted pursuant to sections 8 to 18, inclusive, of
36-38 [this act.] Assembly Bill No. 369 of this session; and
36-39 (b) All proceedings conducted pursuant to NRS 704.070 to 704.110,
36-40 inclusive, and sections 41 to 46, inclusive, of this act in which an electric
36-41 utility has filed a general rate application or an application to clear its
36-42 deferred accounts.
36-43 2. May, with respect to all public utilities except railroads and
36-44 cooperative utilities, and except as otherwise provided in NRS 228.380:
36-45 (a) Conduct or contract for studies, surveys, research or expert
36-46 testimony relating to matters affecting the public interest or the interests of
36-47 utility customers.
36-48 (b) Examine any books, accounts, minutes, records or other papers or
36-49 property of any public utility subject to the regulatory authority of the
37-1 public utilities commission of Nevada in the same manner and to the same
37-2 extent as authorized by law for members of the public utilities commission
37-3 of Nevada and its staff.
37-4 (c) Except as otherwise provided in subsection 1, petition for, request,
37-5 initiate, appear or intervene in any proceeding concerning rates, charges,
37-6 tariffs, modifications of service or any related matter before the public
37-7 utilities commission of Nevada or any court, regulatory body, board,
37-8 commission or agency having jurisdiction over any matter which the
37-9 consumer’s advocate may bring before or has brought before the public
37-10 utilities commission of Nevada or in which the public interest or the
37-11 interests of any particular class of utility customers are involved. The
37-12 consumer’s advocate may represent the public interest or the interests of
37-13 any particular class of utility customers in any such proceeding, and he is a
37-14 real party in interest in the proceeding.
37-15 3. As used in this section, “electric utility” has the meaning ascribed
37-16 to it in section 19 of Assembly Bill No. 369 of this session.
37-17 Sec. 63. NRS 228.390 is hereby amended to read as follows:
37-18 228.390 Except as otherwise provided in NRS 704.110 and sections 8
37-19 to 18, inclusive, of [this act:] Assembly Bill No. 369 of this session:
37-20 1. The consumer’s advocate has sole discretion to represent or refrain
37-21 from representing the public interest and any class of customers in any
37-22 proceeding.
37-23 2. In exercising his discretion, the consumer’s advocate shall consider
37-24 the importance and extent of the public interest or the customers’ interests
37-25 involved and whether those interests would be adequately represented
37-26 without his participation.
37-27 3. If the consumer’s advocate determines that there would be a conflict
37-28 between the public interest and any particular class of customers or any
37-29 inconsistent interests among the classes of customers involved in a
37-30 particular matter, he may choose to represent one of the interests, to
37-31 represent no interest, or to represent one interest through his office and
37-32 another or others through outside counsel engaged on a case basis.
37-33 Sec. 64. Chapter 349 of NRS is hereby amended by adding thereto the
37-34 provisions set forth as sections 65 to 68, inclusive, of this act.
37-35 Sec. 65. “Biomass” means any organic matter that is available on a
37-36 renewable basis, including, without limitation:
37-37 1. Agricultural crops and agricultural wastes and residues;
37-38 2. Wood and wood wastes and residues;
37-39 3. Animal wastes;
37-40 4. Municipal wastes; and
37-41 5. Aquatic plants.
37-42 Sec. 66. “Fuel cell” means a device or contrivance that, through the
37-43 chemical process of combining ions of hydrogen and oxygen, produces
37-44 electricity and water.
37-45 Sec. 67. 1. “Renewable energy” means a source of energy that
37-46 occurs naturally or is regenerated naturally, including, without
37-47 limitation:
37-48 (a) Biomass;
37-49 (b) Fuel cells;
38-1 (c) Geothermal energy;
38-2 (d) Solar energy;
38-3 (e) Waterpower; and
38-4 (f) Wind.
38-5 2. The term does not include coal, natural gas, oil, propane or any
38-6 other fossil fuel, or nuclear energy.
38-7 Sec. 68. 1. “Renewable energy generation project” means a project
38-8 involving an electric generating facility or system that uses renewable
38-9 energy as its primary source of energy to generate electricity.
38-10 2. The term does not include a project involving an electric
38-11 generating facility or system that uses nuclear energy, in whole or in
38-12 part, to generate electricity.
38-13 Sec. 69. NRS 349.400 is hereby amended to read as follows:
38-14 349.400 As used in NRS 349.400 to 349.670, inclusive, unless the
38-15 context otherwise requires, the words and terms defined in NRS 349.410 to
38-16 349.540, inclusive, and sections 65 to 68, inclusive, of this act have the
38-17 meanings ascribed to them in those sections.
38-18 Sec. 70. NRS 349.430 is hereby amended to read as follows:
38-19 349.430 “Cost of a project” means all or a designated part of the cost
38-20 of any project, including any incidental cost pertaining to the project. The
38-21 cost of a project may include, among other costs, the costs of:
38-22 1. Surveys, audits, preliminary plans, other plans, specifications,
38-23 estimates and other costs of preparations;
38-24 2. Appraising, printing, estimating, advice, services of engineers,
38-25 architects, financial consultants, attorneys, clerical personnel and other
38-26 agents and employees;
38-27 3. Publishing, posting, mailing and otherwise giving notice, filing or
38-28 recording instruments, taking options and fees to banks;
38-29 4. Establishment of a reserve for contingencies;
38-30 5. Interest on bonds for any time which does not exceed the estimated
38-31 period of construction plus 1 year, discounts on bonds, reserves for the
38-32 payment of the principal of and interest on bonds, replacement expenses
38-33 and other costs of issuing bonds;
38-34 6. Amending any resolution or other instrument authorizing the
38-35 issuance of, or otherwise relating to, bonds for the project; and
38-36 7. Short-term financing,
38-37 and the expense of operation and maintenance of the project.
38-38 Sec. 71. NRS 349.510 is hereby amended to read as follows:
38-39 349.510 “Project” means:
38-40 1. Any land, building or other improvement and all real and personal
38-41 properties necessary in connection therewith, excluding inventories, raw
38-42 materials and working capital, whether or not in existence, suitable for new
38-43 construction, improvement, rehabilitation or redevelopment for:
38-44 (a) Industrial uses, including assembling, fabricating, manufacturing,
38-45 processing or warehousing;
38-46 (b) Research and development relating to commerce or industry,
38-47 including professional, administrative and scientific offices and
38-48 laboratories;
38-49 (c) Commercial enterprises;
39-1 (d) Civic and cultural enterprises open to the general public, including
39-2 theaters, museums and exhibitions, together with buildings and other
39-3 structures, machinery, equipment, facilities and appurtenances thereto
39-4 which the director deems useful or desirable in connection with the
39-5 conduct of any such enterprise;
39-6 (e) An educational institution operated by a nonprofit organization not
39-7 otherwise directly funded by the state which is accredited by a nationally
39-8 recognized educational accrediting association;
39-9 (f) Health and care facilities and supplemental facilities for health and
39-10 care; [or]
39-11 (g) The purposes of a corporation for public benefit [.]; or
39-12 (h) A renewable energy generation project.
39-13 2. Any real or personal property appropriate for addition to a hotel,
39-14 motel, apartment building, casino or office building to protect it or its
39-15 occupants from fire.
39-16 3. The preservation of a historic structure or its restoration for its
39-17 original or another use, if the plan has been approved by the office of
39-18 historic preservation of the department of cultural affairs.
39-19 Sec. 72. NRS 349.560 is hereby amended to read as follows:
39-20 349.560 It is the intent of the legislature to authorize the director to
39-21 finance, acquire, own, lease, improve and dispose of properties to:
39-22 1. Promote industry and employment and develop trade by inducing
39-23 manufacturing, industrial, warehousing and commercial enterprises and
39-24 organizations for research and development to locate, remain or expand in
39-25 this state to further prosperity throughout the state and to further the use of
39-26 the agricultural products and the natural resources of this state.
39-27 2. Enhance public safety by protecting hotels, motels, apartment
39-28 buildings, casinos, office buildings and their occupants from fire.
39-29 3. Promote the public health by enabling the acquisition, development,
39-30 expansion and maintenance of health and care facilities and supplemental
39-31 facilities for health and care facilities which will provide services of high
39-32 quality at reasonable rates to the residents of the community in which the
39-33 facilities are situated.
39-34 4. Promote the educational, cultural, economic and general welfare of
39-35 the public by financing civic and cultural enterprises, certain educational
39-36 institutions and the preservation or restoration of historic structures.
39-37 5. Promote the social welfare of the residents of this state by enabling
39-38 a corporation for public benefit to acquire, develop, expand and maintain
39-39 facilities that provide services for those residents.
39-40 6. Promote the generation of electricity in this state.
39-41 Sec. 73. NRS 349.565 is hereby amended to read as follows:
39-42 349.565 1. The director may not, under NRS 349.400 to 349.670,
39-43 inclusive:
39-44 (a) Operate any manufacturing, industrial, warehousing or commercial
39-45 enterprise or an organization for research and development or any health
39-46 and care facility to which he provided assistance; or
39-47 (b) Except as otherwise provided in subsection 2, assist any
39-48 manufacturing, industrial, warehousing or commercial enterprise or an
39-49 organization for research and development to locate in a county or city
40-1 which would result in the abandonment or closure of an existing facility of
40-2 a like nature located within that county or city, unless the existing facility
40-3 is operated by the contemplated lessee, purchaser or other obligor or an
40-4 affiliate of such a person and the facility is to be abandoned or closed
40-5 because of obsolescence, lack of available labor or limitations at the site of
40-6 the facility.
40-7 2. The provisions of paragraph (b) of subsection 1 do not apply to:
40-8 (a) Health and care facilities and supplemental facilities for a health and
40-9 care facility;
40-10 (b) Civic and cultural enterprises open to the general public;
40-11 (c) Enterprises located in a redevelopment area created pursuant to NRS
40-12 279.382 to 279.685, inclusive;
40-13 (d) Enterprises located in an area designated as an empowerment zone
40-14 pursuant to sections 1391 to 1397, inclusive, of the Internal Revenue Code
40-15 of 1986, 26 U.S.C. §§ 1391-97, future amendments to those sections and
40-16 the corresponding provisions of future internal revenue laws;
40-17 (e) Facilities established by a corporation for public benefit; [and]
40-18 (f) Enterprises whose products are substantially sold, used or distributed
40-19 outside this state [.]; and
40-20 (g) Renewable energy generation projects.
40-21 Sec. 74. NRS 349.580 is hereby amended to read as follows:
40-22 349.580 Except as otherwise provided in NRS 349.595 and 349.640,
40-23 the director shall not finance a project unless, before financing:
40-24 1. The director finds that:
40-25 (a) The project to be financed has been approved for financing pursuant
40-26 to the requirements of NRS 244A.669 to 244A.763, inclusive, or 268.512
40-27 to 268.568, inclusive; and
40-28 (b) There has been a request by a city or county to have the director
40-29 issue bonds to finance the project; or
40-30 2. The director finds and both the board and the governing body of the
40-31 city or county where the project is to be located approve the findings of the
40-32 director that:
40-33 (a) The project consists of any land, building or other improvement and
40-34 all real and personal properties necessary in connection therewith,
40-35 excluding inventories, raw materials and working capital, whether or not in
40-36 existence, which is suitable for new construction, improvement,
40-37 preservation, restoration, rehabilitation or redevelopment:
40-38 (1) For manufacturing, industrial, warehousing, civic, cultural or
40-39 other commercial enterprises, educational institutions, corporations for
40-40 public benefit or organizations for research and development;
40-41 (2) For a health and care facility or a supplemental facility for a
40-42 health and care facility;
40-43 (3) Of real or personal property appropriate for addition to a hotel,
40-44 motel, apartment building, casino or office building to protect it or its
40-45 occupants from fire; [or]
40-46 (4) Of a historic structure; or
40-47 (5) For a renewable energy generation project;
40-48 (b) The project will provide a public benefit;
41-1 (c) The contemplated lessee, purchaser or other obligor has sufficient
41-2 financial resources to place the project in operation and to continue its
41-3 operation, meeting the obligations of the lease, purchase contract or
41-4 financing agreement;
41-5 (d) There are sufficient safeguards to assure that all money provided by
41-6 the department will be expended solely for the purposes of the project;
41-7 (e) The project would be compatible with existing facilities in the area
41-8 adjacent to the location of the project;
41-9 (f) The project [is]:
41-10 (1) Is compatible with the plan of the state for economic
41-11 diversification and development or for the marketing and development of
41-12 tourism in this state; or
41-13 (2) Promotes the generation of electricity in this state;
41-14 (g) Through the advice of counsel or other reliable source, the project
41-15 has received all approvals by the local, state and federal governments
41-16 which may be necessary to proceed with construction, improvement,
41-17 rehabilitation or redevelopment of the project; and
41-18 (h) There has been a request by a city, county, lessee, purchaser, other
41-19 obligor or other enterprise to have the director issue revenue bonds for
41-20 industrial development to finance the project.
41-21 Sec. 75. Chapter 523 of NRS is hereby amended by adding thereto the
41-22 provisions set forth as sections 76 to 87, inclusive, of this act.
41-23 Sec. 76. “Biomass” means any organic matter that is available on a
41-24 renewable basis, including, without limitation:
41-25 1. Agricultural crops and agricultural wastes and residues;
41-26 2. Wood and wood wastes and residues;
41-27 3. Animal wastes;
41-28 4. Municipal wastes; and
41-29 5. Aquatic plants.
41-30 Sec. 77. “Consumer’s advocate” means the consumer’s advocate of
41-31 the bureau of consumer protection in the office of the attorney general.
41-32 Sec. 78. “Director” means the director of the office of energy
41-33 appointed pursuant to section 87 of this act.
41-34 Sec. 79. “Fuel cell” means a device or contrivance that, through the
41-35 chemical process of combining ions of hydrogen and oxygen, produces
41-36 electricity and water.
41-37 Sec. 80. 1. “Renewable energy” means a source of energy that
41-38 occurs naturally or is regenerated naturally, including, without
41-39 limitation:
41-40 (a) Biomass;
41-41 (b) Fuel cells;
41-42 (c) Geothermal energy;
41-43 (d) Solar energy;
41-44 (e) Waterpower; and
41-45 (f) Wind.
41-46 2. The term does not include coal, natural gas, oil, propane or any
41-47 other fossil fuel, or nuclear energy.
42-1 Sec. 81. 1. “Renewable energy generation project” means a project
42-2 involving an electric generating facility or system that uses renewable
42-3 energy as its primary source of energy to generate electricity.
42-4 2. The term does not include a project involving an electric
42-5 generating facility or system that uses nuclear energy, in whole or in
42-6 part, to generate electricity.
42-7 Sec. 82. “Task force” means the task force for renewable energy
42-8 and energy conservation created by section 84 of this act.
42-9 Sec. 83. 1. The trust fund for renewable energy and energy
42-10 conservation is hereby created in the state treasury.
42-11 2. The task force shall administer the fund. As administrator of the
42-12 fund, the task force:
42-13 (a) Shall maintain the financial records of the fund;
42-14 (b) Shall invest the money in the fund as the money in other state
42-15 funds is invested;
42-16 (c) Shall manage any account associated with the fund;
42-17 (d) Shall maintain any instruments that evidence investments made
42-18 with the money in the fund;
42-19 (e) May contract with vendors for any good or service that is
42-20 necessary to carry out the provisions of this section; and
42-21 (f) May perform any other duties that are necessary to administer the
42-22 fund.
42-23 3. The interest and income earned on the money in the fund must,
42-24 after deducting any applicable charges, be credited to the fund. All
42-25 claims against the fund must be paid as other claims against the state are
42-26 paid.
42-27 4. Not more than 2 percent of the money in the fund may be used to
42-28 pay the costs of administering the fund.
42-29 5. The money in the fund remains in the fund and does not revert to
42-30 the state general fund at the end of any fiscal year.
42-31 6. All money that is deposited or paid into the fund may only be
42-32 expended pursuant to an allocation made by the task force. Money
42-33 expended from the fund must not be used to supplant existing methods of
42-34 funding that are available to public agencies.
42-35 Sec. 84. 1. The task force for renewable energy and energy
42-36 conservation is hereby created. The task force consists of nine members
42-37 who are appointed as follows:
42-38 (a) Two members appointed by the majority leader of the senate, one
42-39 of whom represents the interests of the renewable energy industry in this
42-40 state with respect to biomass and the other of whom represents the
42-41 interests of the mining industry in this state.
42-42 (b) Two members appointed by the speaker of the assembly, one of
42-43 whom represents the interests of the renewable energy industry in this
42-44 state with respect to geothermal energy and the other of whom represents
42-45 the interests of a nonprofit organization dedicated to the protection of the
42-46 environment or to the conservation of energy or the efficient use of
42-47 energy.
43-1 (c) One member appointed by the minority leader of the senate to
43-2 represent the interests of the renewable energy industry in this state with
43-3 respect to solar energy.
43-4 (d) One member appointed by the minority leader of the assembly to
43-5 represent the interests of the public utilities in this state.
43-6 (e) Two members appointed by the governor, one of whom represents
43-7 the interests of the renewable energy industry in this state with respect to
43-8 wind and the other of whom represents the interests of the gaming
43-9 industry in this state.
43-10 (f) One member appointed by the consumer’s advocate to represent
43-11 the interests of the consumers in this state.
43-12 2. A member of the task force:
43-13 (a) Must be a citizen of the United States and a resident of this state.
43-14 (b) Must have training, education, experience or knowledge
43-15 concerning:
43-16 (1) The development or use of renewable energy;
43-17 (2) Financing, planning or constructing renewable energy
43-18 generation projects;
43-19 (3) Measures which conserve or reduce the demand for energy or
43-20 which result in more efficient use of energy;
43-21 (4) Weatherization;
43-22 (5) Building and energy codes and standards;
43-23 (6) Grants or incentives concerning energy;
43-24 (7) Public education or community relations; or
43-25 (8) Any other matter within the duties of the task force.
43-26 (c) Must not be an officer or employee of the legislative or judicial
43-27 department of state government.
43-28 3. After the initial terms, the term of each member of the task force is
43-29 3 years. A vacancy on the task force must be filled for the remainder of
43-30 the unexpired term in the same manner as the original appointment. A
43-31 member may be reappointed to the task force.
43-32 4. A member of the task force who is an officer or employee of this
43-33 state or a political subdivision of this state must be relieved from his
43-34 duties without loss of his regular compensation so that he may prepare
43-35 for and attend meetings of the task force and perform any work that is
43-36 necessary to carry out the duties of the task force in the most timely
43-37 manner practicable. A state agency or political subdivision of this state
43-38 shall not require an officer or employee who is a member of the task
43-39 force to:
43-40 (a) Make up the time he is absent from work to carry out his duties as
43-41 a member of the task force; or
43-42 (b) Take annual leave or compensatory time for the absence.
43-43 Sec. 85. 1. The members of the task force shall select a chairman
43-44 and vice chairman from among their membership. The vice chairman
43-45 shall perform the duties of the chairman during any absence of the
43-46 chairman.
43-47 2. The chairman and vice chairman serve in those positions for
43-48 terms of 1 year. If a vacancy occurs in the chairmanship or vice
44-1 chairmanship, the vacancy must be filled for the remainder of the
44-2 unexpired term in the same manner as the original selection.
44-3 3. A majority of the members of the task force constitutes a quorum.
44-4 A majority of the members present during a quorum may exercise all the
44-5 power and authority conferred on the task force.
44-6 4. The task force shall meet at least four times annually or more
44-7 frequently at the discretion of the chairman.
44-8 5. Except as otherwise provided in this subsection, the members of
44-9 the task force serve without compensation and are not entitled to the per
44-10 diem and travel expenses provided for state officers and employees
44-11 generally. For each day of attendance at a meeting of the task force and
44-12 while engaged in the business of the task force, a member of the task
44-13 force who:
44-14 (a) Is an officer or employee of this state or a political subdivision of
44-15 this state is entitled to receive the per diem and travel expenses provided
44-16 for state officers and employees generally, paid by his governmental
44-17 employer.
44-18 (b) Represents the interests of a nonprofit organization is entitled to
44-19 receive the per diem and travel expenses provided for state officers and
44-20 employees generally, paid from the trust fund for renewable energy and
44-21 energy conservation.
44-22 6. The consumer’s advocate shall provide the task force with
44-23 administrative and clerical support and with such other assistance as
44-24 may be necessary for the task force to carry out its duties. Such support
44-25 and assistance must include, without limitation, making arrangements
44-26 for facilities, equipment and other services in preparation for and during
44-27 meetings.
44-28 Sec. 86. 1. The task force shall:
44-29 (a) Advise the office of energy in the development and periodic review
44-30 of the comprehensive state energy plan with regard to the use of
44-31 renewable energy and the use of measures which conserve or reduce the
44-32 demand for energy or which result in more efficient use of energy.
44-33 (b) Coordinate its activities and programs with the activities and
44-34 programs of the office of energy, the consumer’s advocate and the public
44-35 utilities commission of Nevada and other federal, state and local officers
44-36 and agencies that promote, fund, administer or operate activities and
44-37 programs related to the use of renewable energy and the use of measures
44-38 which conserve or reduce the demand for energy or which result in more
44-39 efficient use of energy.
44-40 (c) Spend the money in the trust fund for renewable energy and
44-41 energy conservation to:
44-42 (1) Educate persons and entities concerning renewable energy and
44-43 measures which conserve or reduce the demand for energy or which
44-44 result in more efficient use of energy.
44-45 (2) Create incentives for investment in and the use of renewable
44-46 energy and measures which conserve or reduce the demand for energy or
44-47 which result in more efficient use of energy.
44-48 (3) Distribute grants and other money to establish programs and
44-49 projects which incorporate the use of renewable energy and measures
45-1 which conserve or reduce the demand for energy or which result in more
45-2 efficient use of energy.
45-3 (4) Conduct feasibility studies, including, without limitation, a
45-4 feasibility study concerning the establishment of an incentive fund,
45-5 grants or other programs to enable or assist residential, small
45-6 commercial and agricultural customers to reduce the cost of purchasing
45-7 on-site generation systems, net metering systems and distributed
45-8 generation systems that use renewable energy.
45-9 (d) Take any other actions that the task force deems necessary to carry
45-10 out its duties, including, without limitation, contracting with consultants,
45-11 if necessary, for the purposes of program design or to assist the task
45-12 force in carrying out its duties.
45-13 2. The task force shall prepare an annual report concerning its
45-14 activities and programs and submit the report to the legislative
45-15 commission and the governor on or before January 30 of each year. The
45-16 annual report must include, without limitation:
45-17 (a) A description of the objectives of each activity and program;
45-18 (b) An analysis of the effectiveness and efficiency of each activity and
45-19 program in meeting the objectives of the activity or program;
45-20 (c) The amount of money distributed for each activity and program
45-21 from the trust fund for renewable energy and energy conservation and a
45-22 detailed description of the use of that money for each activity and
45-23 program;
45-24 (d) An analysis of the coordination between the task force and other
45-25 officers and agencies; and
45-26 (e) Any changes planned for each activity and program.
45-27 3. As used in this section:
45-28 (a) “Distributed generation system” means a facility or system for the
45-29 generation of electricity that is in close proximity to the place where the
45-30 electricity is consumed.
45-31 (b) “Net metering system” has the meaning ascribed to it in NRS
45-32 704.771.
45-33 Sec. 87. 1. The office of energy is hereby created within the office
45-34 of the governor.
45-35 2. The governor shall appoint the director. The director:
45-36 (a) Is in the unclassified service of the state; and
45-37 (b) Serves at the pleasure of the governor.
45-38 3. The director may, within the limits of available money, employ:
45-39 (a) Such persons in the unclassified service of the state as the director
45-40 determines to be necessary to carry out the duties of the office of energy
45-41 pursuant to this chapter; and
45-42 (b) Such additional personnel as may be required to carry out the
45-43 duties of the office of energy pursuant to this chapter, who must be in the
45-44 classified service of the state.
45-45 4. A person employed by the director pursuant to this section must be
45-46 qualified by training and experience to perform the duties for which the
45-47 director employs him.
46-1 5. The director and the persons employed by the director shall not
46-2 have any conflict of interest relating to the performance of their duties
46-3 pursuant to this chapter.
46-4 6. The provisions of NRS 223.085 do not apply to the director or to
46-5 any person employed by the director pursuant to this section.
46-6 Sec. 88. NRS 523.011 is hereby amended to read as follows:
46-7 523.011 1. The legislature finds that:
46-8 (a) Energy is essential to the economy of the state and to the health,
46-9 safety and welfare of the people of the state.
46-10 (b) The state has a responsibility to encourage the maintenance of a
46-11 reliable and economical supply of energy at a level which is consistent with
46-12 the protection of environmental quality.
46-13 (c) The state has a responsibility to encourage the utilization of a wide
46-14 range of measures which reduce wasteful uses of energy resources.
46-15 (d) Planning for energy conservation and future energy requirements
46-16 should include consideration of state, regional and local plans for land use,
46-17 urban expansion, transportation systems, environmental protection and
46-18 economic development.
46-19 (e) Government and private enterprise need to accelerate research and
46-20 development of [alternative] sources of renewable energy and to improve
46-21 technology related to the research and development of existing sources of
46-22 energy.
46-23 (f) While government and private enterprise are seeking to accelerate
46-24 research and development of [alternative] sources of renewable energy,
46-25 they must also prepare for and respond to the advent of competition within
46-26 the electrical energy industry and are, therefore, encouraged to maximize
46-27 the use of indigenous energy resources to the extent competitively and
46-28 economically feasible.
46-29 (g) Prevention of delays and interruptions in providing energy,
46-30 protecting environmental values and conserving energy require expanded
46-31 authority and capability within state government.
46-32 2. It is the policy of this state to encourage participation with all levels
46-33 of government and private enterprise in cooperative state, regional and
46-34 national programs to assure adequate supplies of energy resources and
46-35 markets for such energy resources.
46-36 3. It is the policy of this state to assign the responsibility for managing
46-37 and conserving energy and its sources to agencies whose other programs
46-38 are similar, to avoid duplication of effort in developing policies and
46-39 programs for energy.
46-40 Sec. 89. NRS 523.021 is hereby amended to read as follows:
46-41 523.021 As used in this chapter, unless the context otherwise requires
46-42 [:
46-43 1. “Department” means the department of business and industry.
46-44 2. “Director” means the director of the department.] , the words and
46-45 terms defined in sections 76 to 82, inclusive, of this act have the
46-46 meanings ascribed to them in those sections.
47-1 Sec. 90. NRS 523.051 is hereby amended to read as follows:
47-2 523.051 The director may:
47-3 1. Administer any gifts or grants which the department is authorized to
47-4 accept for the purposes of this chapter.
47-5 2. Expend money received from those gifts or grants or from
47-6 legislative appropriations to contract with qualified persons or institutions
47-7 for research in the production and efficient use of energy resources.
47-8 3. Enter into any cooperative agreement with any federal or state
47-9 agency or political subdivision.
47-10 4. Participate in any program established by the Federal Government
47-11 relating to sources of energy and adopt regulations appropriate to that
47-12 program.
47-13 5. Assist developers of renewable energy generation projects in
47-14 preparing and making requests to obtain money for development through
47-15 the issuance industrial development revenue bonds pursuant to NRS
47-16 349.400 to 349.670, inclusive and sections 65 to 68, inclusive, of this act.
47-17 6. Adopt any regulations that the director determines are necessary
47-18 to carry out the duties of the office of energy pursuant to this chapter.
47-19 Sec. 91. NRS 523.131 is hereby amended to read as follows:
47-20 523.131 The director shall:
47-21 1. Acquire and analyze information relating to energy and to the
47-22 supply, demand and conservation of its sources.
47-23 2. Utilize all available public and private means to provide information
47-24 to the public about problems relating to energy and to explain how
47-25 conservation of energy and its sources may be accomplished.
47-26 3. Review and evaluate information which identifies trends and
47-27 permits forecasting of the energy available to the state. Such forecasts must
47-28 include estimates on:
47-29 (a) The level of demand for energy in the state for 5-, 10- and 20-year
47-30 periods;
47-31 (b) The amount of energy available to meet each level of demand;
47-32 (c) The probable implications of the forecast on the demand and supply
47-33 of energy; and
47-34 (d) The sources of renewable energy and other alternative sources of
47-35 energy which are available and their possible effects.
47-36 4. Study means of reducing wasteful, inefficient, unnecessary or
47-37 uneconomical uses of energy and encourage the maximum utilization of
47-38 existing sources of energy in the state.
47-39 5. Encourage the development of [any existing and alternative] :
47-40 (a) Any sources of renewable energy and any other energy projects
47-41 which will benefit the state [.] ; and
47-42 (b) Any measures which conserve or reduce the demand for energy or
47-43 which result in more efficient use of energy.
47-44 6. In conjunction with the desert research institute, review policies
47-45 relating to the research and development of the state’s geothermal
47-46 resources and make recommendations to the appropriate state and federal
47-47 agencies for establishing methods of developing the geothermal resources
47-48 within the state.
48-1 7. Solicit and serve as the point of contact for grants and other
48-2 money from the Federal Government and other sources to promote:
48-3 (a) Energy projects that enhance the economic development of the
48-4 state;
48-5 (b) The use of renewable energy; and
48-6 (c) The use of measures which conserve or reduce the demand for
48-7 energy or which result in more efficient use of energy.
48-8 8. Coordinate the activities and programs of the office of energy with
48-9 the activities and programs of the task force, the consumer’s advocate
48-10 and the public utilities commission of Nevada and other federal, state
48-11 and local officers and agencies that promote, fund, administer or operate
48-12 activities and programs related to the use of renewable energy and the
48-13 use of measures which conserve or reduce the demand for energy or
48-14 which result in more efficient use of energy.
48-15 9. Carry out all other directives concerning energy that are
48-16 prescribed by the governor.
48-17 Sec. 92. NRS 523.141 is hereby amended to read as follows:
48-18 523.141 1. The director shall prepare a comprehensive state energy
48-19 [conservation] plan which provides [methods for conserving and improving
48-20 efficiency in the use of energy resources and establishes procedures for
48-21 reducing the rate of growth of energy demand and minimizing the adverse
48-22 social, economic, political and environmental effects of increasing energy
48-23 resource consumption.
48-24 2. The plan must be presented to the governor, and upon approval by
48-25 the governor, may be submitted by him in compliance with any program
48-26 established by the Federal Government.] for the promotion of:
48-27 (a) Energy projects that enhance the economic development of the
48-28 state;
48-29 (b) The use of renewable energy; and
48-30 (c) The use of measures which conserve or reduce the demand for
48-31 energy or which result in more efficient use of energy.
48-32 2. The comprehensive state energy plan must include provisions for:
48-33 (a) The assessment of the potential benefits of proposed energy
48-34 projects on the economic development of the state.
48-35 (b) The education of persons and entities concerning renewable
48-36 energy and measures which conserve or reduce the demand for energy or
48-37 which result in more efficient use of energy.
48-38 (c) The creation of incentives for investment in and the use of
48-39 renewable energy and measures which conserve or reduce the demand
48-40 for energy or which result in more efficient use of energy.
48-41 (d) Grants and other money to establish programs and conduct
48-42 activities which promote:
48-43 (1) Energy projects that enhance the economic development of the
48-44 state;
48-45 (2) The use of renewable energy; and
48-46 (3) The use of measures which conserve or reduce the demand for
48-47 energy or which result in more efficient use of energy.
48-48 (e) The development or incorporation by reference of model and
48-49 uniform building and energy codes and standards which are written in
49-1 language which is easy to understand and which include performance
49-2 standards for conservation of energy and efficient use of energy.
49-3 (f) Oversight and accountability with respect to all programs and
49-4 activities described in this subsection.
49-5 (g) Any other matter that the task force determines to be relevant to
49-6 the issues of energy resources, energy use, energy conservation and
49-7 energy efficiency.
49-8 Sec. 93. NRS 523.161 is hereby amended to read as follows:
49-9 523.161 1. [Except for those energy resources for whose priorities of
49-10 use are established by the public utilities commission of Nevada, the] The
49-11 director may recommend to state agencies, local governments and
49-12 appropriate private persons and entities, standards for conservation of
49-13 energy and its sources and for carrying out the state comprehensive energy
49-14 plan . [for the conservation of energy.]
49-15 2. In recommending such standards , the director shall consider the
49-16 usage of energy and its sources in the state and the methods available for
49-17 conservation of those sources.
49-18 Sec. 94. NRS 523.164 is hereby amended to read as follows:
49-19 523.164 1. The director shall adopt regulations for the conservation
49-20 of energy in buildings, including manufactured homes, which establish the
49-21 minimum standards for:
49-22 (a) The construction of floors, walls, ceilings and roofs;
49-23 (b) The equipment and systems for heating, ventilation and air-
49-24 conditioning;
49-25 (c) Electrical equipment and systems;
49-26 (d) Insulation; and
49-27 (e) Other factors which affect the use of energy in a building.
49-28 2. The director may exempt a building from a standard if he
49-29 determines that application of the standard to the building would not
49-30 accomplish the purpose of the regulations.
49-31 3. The regulations must authorize allowances in design and
49-32 construction for [solar, wind or any other renewable source] sources of
49-33 renewable energy used to supply all or a part of the energy required in a
49-34 building.
49-35 4. The standards adopted by the director are the minimum standards
49-36 for the conservation of energy which apply only to areas in which the
49-37 governing body of the local government has not adopted standards for the
49-38 conservation of energy in buildings. Such governing bodies shall assist the
49-39 director in the enforcement of the regulations adopted pursuant to this
49-40 section.
49-41 5. The director shall solicit comments regarding the adoption of
49-42 regulations pursuant to this section from:
49-43 (a) Persons in the business of constructing and selling homes;
49-44 (b) Contractors;
49-45 (c) Public utilities;
49-46 (d) Local building inspectors; and
49-47 (e) The general public,
50-1 before adopting any regulations. The director must conduct at least three
50-2 hearings in different locations in the state, after giving 30 days’ notice of
50-3 each hearing, before he may adopt any regulations pursuant to this section.
50-4 Sec. 95. NRS 651.040 is hereby amended to read as follows:
50-5 651.040 1. As used in this section, unless the context otherwise
50-6 requires:
50-7 (a) “Establishment” means any hotel, motel, inn or motor court.
50-8 (b) “Owner” or “keeper” means any person, firm, association or
50-9 corporation.
50-10 (c) “Rates” means the total charge levied at the establishment for rooms
50-11 or accommodations.
50-12 2. The rates listed on the printed statement required to be maintained
50-13 by an owner or keeper of an establishment pursuant to NRS 651.030 must
50-14 include [the] :
50-15 (a) The daily rate of the room for occupancy by one person [,] and for
50-16 occupancy by two persons [, the] ;
50-17 (b) The additional charge, if any, for occupancy by each additional
50-18 person over two persons [and the] ;
50-19 (c) The additional charge, if any, for each additional bed provided in the
50-20 room [.] ; and
50-21 (d) The additional charge, if any, to offset energy costs incurred by the
50-22 establishment.
50-23 3. Every establishment shall maintain a registration card for each room
50-24 and supply the person or persons registering for accommodations a receipt.
50-25 Both the registration card and the receipt must reflect the type of
50-26 accommodations supplied, the number of persons occupying the
50-27 accommodation and the rate charged each person therefor. An
50-28 establishment shall not charge more than the rates listed on the printed
50-29 statement required to be maintained by an owner or keeper of an
50-30 establishment pursuant to NRS 651.030
50-31 [3.] 4. For any violation of this section, or any provision herein
50-32 contained, the offender shall forfeit to the injured party 3 times the amount
50-33 of the sum charged in excess of what he is entitled to charge.
50-34 [4.] 5. Any owner or keeper of any establishment who violates any of
50-35 the provisions of this section is guilty of a misdemeanor.
50-36 Sec. 96. Section 1 of Assembly Bill No. 197 of this session is hereby
50-37 amended to read as follows:
50-38 Section 1. Chapter 704 of NRS is hereby amended by adding
50-39 thereto a new section to read as follows:
50-40 1. On and after October 1, 2001, each electric utility shall
50-41 disclose to its retail customers information about electric services,
50-42 and any products and services relating thereto, that are being
50-43 provided to or purchased for those retail customers by the electric
50-44 utility. The disclosure must:
50-45 (a) Be in a standard, uniform format established by the
50-46 commission by regulation;
50-47 (b) Be included:
50-48 (1) At least two times each calendar year, as an insert in the
50-49 bills that the electric utility sends to its retail customers; and
51-1 (2) If the electric utility maintains a website on the Internet or
51-2 any successor to the Internet, on that website; and
51-3 (c) Include adequate information so that a retail customer can
51-4 readily evaluate his options for obtaining electric services or any
51-5 products or services relating thereto.
51-6 2. A disclosure required by this section must include, if
51-7 applicable:
51-8 (a) The average mix of energy sources used to generate the
51-9 electricity sold by the electric utility to the retail customer. An
51-10 electric utility may, if available, use a regional average that has been
51-11 determined by the commission for that portion of electricity sold by
51-12 the electric utility to the retail customer for which the specific mix of
51-13 energy sources cannot be discerned.
51-14 (b) The average emissions, measured in pounds per megawatt-
51-15 hour, of:
51-16 (1) Any high-level radioactive waste, sulfur dioxide, carbon
51-17 dioxide, oxides of nitrogen and heavy metals released in this state
51-18 from the generation of the electricity sold by the electric utility to the
51-19 retail customer; and
51-20 (2) Any other substances released in this state from the
51-21 generation of the electricity sold by the electric utility to the retail
51-22 customer which the commission, in cooperation with the division of
51-23 environmental protection of the state department of conservation
51-24 and natural resources, determines may cause a significant health or
51-25 environmental impact and for which sufficiently accurate and
51-26 reliable data is available.
51-27 If an electric utility uses a regional average for the mix of energy
51-28 sources pursuant to paragraph (a), the electric utility shall, if
51-29 available, use for the average emissions pursuant to this paragraph
51-30 a regional calculation that has been determined by the commission.
51-31 (c) Information concerning customer service.
51-32 (d) Information concerning any energy programs that provide
51-33 assistance to retail customers with low incomes, including, without
51-34 limitation, information on the procedures to apply for such
51-35 programs.
51-36 3. An electric utility:
51-37 (a) Shall make the disclosures required pursuant to this section
51-38 in accordance with the requirements adopted by the commission as
51-39 to form and substance; and
51-40 (b) Shall ensure that it provides the information in compliance
51-41 with all applicable state and federal law governing unfair
51-42 advertising and labeling.
51-43 4. The commission shall adopt such regulations concerning
51-44 form and substance for the disclosures required by this section as
51-45 are necessary to ensure that retail customers are provided with
51-46 sufficient information so that they can readily evaluate their options
51-47 for obtaining electric services and any products and services relating
51-48 thereto.
52-1 5. The provisions of this section do not require an electric utility
52-2 to disclose to its retail customers any information about electric
52-3 services, and any products and services relating thereto, that are
52-4 subject to the provisions of sections 3 to 26, inclusive, of Assembly
52-5 Bill No. 661 of this session.
52-6 6. As used in this section:
52-7 (a) “Electric utility” has the meaning ascribed to it in section 19
52-8 of Assembly Bill No. 369 of this session.
52-9 (b) “Energy source” includes, without limitation:
52-10 (1) Coal, natural gas, oil, propane and any other fossil fuel;
52-11 (2) Geothermal energy, solar energy, hydroelectric energy,
52-12 nuclear energy, wind, biofuel and biomass; and
52-13 (3) Any other specific energy source that is used to generate
52-14 the electricity provided to the retail customer.
52-15 Sec. 97. Assembly Bill No. 369 of this session is hereby amended by
52-16 adding thereto a new section designated sec. 15.5, following sec. 15, to
52-17 read as follows:
52-18 Sec. 15.5. The provisions of sections 8 to 18, inclusive, of this
52-19 act do not prohibit an electric utility from pledging, mortgaging,
52-20 granting a security interest in or otherwise encumbering any of its
52-21 generation assets or other property for the purpose of securing
52-22 indebtedness of the electric utility which exists on the effective date
52-23 of this act or which is issued or incurred by the electric utility after
52-24 the effective date of this act in financing transactions approved by
52-25 the commission.
52-26 Sec. 98. Section 35 of Assembly Bill No. 369 of this session is hereby
52-27 amended to read as follows:
52-28 Sec. 35. Except as otherwise provided in section 36 of this act
52-29 and notwithstanding the provisions of any other specific statute to the
52-30 contrary:
52-31 1. An electric utility shall not file an application for a fuel and
52-32 purchased power rider on or after the effective date of this act.
52-33 2. Each application for a fuel and purchased power rider filed by
52-34 an electric utility which is pending with the commission on the
52-35 effective date of this act and which the electric utility did not place
52-36 into effect before or on April 1, 2001, is void and unenforceable and is
52-37 not valid for any purpose after April 1, 2001.
52-38 3. If, before March 1, 2001, an electric utility incurred any costs
52-39 for fuel or purchased power, including, without limitation, any costs
52-40 for fuel or purchased power recorded or carried on the books and
52-41 records of the electric utility, and those costs were not recovered or
52-42 could not be recovered pursuant to a fuel and purchased power rider
52-43 placed into effect by the electric utility before March 1, 2001, the
52-44 electric utility is not entitled, on or after March 1, 2001, to recover
52-45 any of those costs for fuel or purchased power from customers, and
52-46 the commission shall not allow the electric utility to recover any of
52-47 those costs for fuel or purchased power from customers.
52-48 4. Except as otherwise provided in this section, on and after the
52-49 effective date of this act:
53-1 (a) The commission shall not take any further action on the
53-2 comprehensive energy plan, and each electric utility that jointly filed
53-3 the comprehensive energy plan shall be deemed to have withdrawn
53-4 the comprehensive energy plan;
53-5 (b) The rates that each electric utility placed into effect on
53-6 March 1, 2001, pursuant to the comprehensive energy plan shall be
53-7 deemed to be a component of the electric utility’s rates for fuel and
53-8 purchased power; and
53-9 (c) The revenues [collected] for services provided by each electric
53-10 utility [before April] for the period of March 1, 2001, to March 31,
53-11 2001, inclusive, from the rates that each electric utility placed into
53-12 effect on March 1, 2001, pursuant to the comprehensive energy plan
53-13 shall be deemed to be a credit in the electric utility’s deferred
53-14 accounts.
53-15 5. On or before October 1, 2001, each electric utility that
53-16 primarily serves densely populated counties shall file a general rate
53-17 application pursuant to subsection 3 of NRS 704.110, as amended by
53-18 this act [.] and Assembly Bill No. 661 of this session. On or before
53-19 December 1, 2001, each electric utility that primarily serves densely
53-20 populated counties shall file an application to clear its deferred
53-21 accounts pursuant to subsection 7 of NRS 704.110, as amended by
53-22 this act [.] and Assembly Bill No. 661 of this session. After such an
53-23 electric utility files the application to clear its deferred accounts, the
53-24 commission shall investigate and determine whether the rates that the
53-25 electric utility placed into effect on March 1, 2001, pursuant to the
53-26 comprehensive energy plan are just and reasonable and reflect prudent
53-27 business practices. On the date on which the commission issues a final
53-28 order on the general rate application, the commission shall issue a
53-29 final order on the electric utility’s application to clear its deferred
53-30 accounts. The total rates to provide electric service that were in effect
53-31 on April 1, 2001, for the electric utility must remain in effect until the
53-32 date on which the commission issues a final order on the general rate
53-33 application. The commission shall not adjust the rates of the electric
53-34 utility during this period unless such an adjustment is absolutely
53-35 necessary to avoid rates that are confiscatory under the Constitution of
53-36 the United States or the constitution of this state. The commission:
53-37 (a) May make such an adjustment only to the extent that it is
53-38 absolutely necessary to avoid an unconstitutional result; and
53-39 (b) Shall not, in any proceedings concerning such an adjustment,
53-40 approve any rate or grant any relief that is not absolutely necessary to
53-41 avoid an unconstitutional result.
53-42 After the electric utility files the general rate application that is
53-43 required by this subsection, the electric utility shall file general rate
53-44 applications in accordance with subsection 3 of NRS 704.110, as
53-45 amended by this act [.] and Assembly Bill No. 661 of this session.
53-46 After the electric utility files the application to clear its deferred
53-47 accounts that is required by this subsection, the electric utility shall
53-48 file applications to clear its deferred accounts in accordance with
54-1 section 19 of this act and subsection 7 of NRS 704.110, as amended
54-2 by this act [.] and Assembly Bill No. 661 of this session.
54-3 6. On or before December 1, 2001, each electric utility that
54-4 primarily serves less densely populated counties shall file a general
54-5 rate application pursuant to subsection 3 of NRS 704.110, as amended
54-6 by this act [.] and Assembly Bill No. 661 of this session. On or before
54-7 February 1, 2002, each electric utility that primarily serves less
54-8 densely populated counties shall file an application to clear its
54-9 deferred accounts pursuant to subsection 7 of NRS 704.110, as
54-10 amended by this act [.] and Assembly Bill No. 661 of this session.
54-11 After such an electric utility files the application to clear its deferred
54-12 accounts, the commission shall investigate and determine whether the
54-13 rates that the electric utility placed into effect on March 1, 2001,
54-14 pursuant to the comprehensive energy plan are just and reasonable
54-15 and reflect prudent business practices. On the date on which the
54-16 commission issues a final order on the general rate application, the
54-17 commission shall issue a final order on the electric utility’s
54-18 application to clear its deferred accounts. The total rates to provide
54-19 electric service that were in effect on April 1, 2001, for the electric
54-20 utility must remain in effect until the date on which the commission
54-21 issues a final order on the general rate application. The commission
54-22 shall not adjust the rates of the electric utility during this period unless
54-23 such an adjustment is absolutely necessary to avoid rates that are
54-24 confiscatory under the Constitution of the United States or the
54-25 constitution of this state. The commission:
54-26 (a) May make such an adjustment only to the extent that it is
54-27 absolutely necessary to avoid an unconstitutional result; and
54-28 (b) Shall not, in any proceedings concerning such an adjustment,
54-29 approve any rate or grant any relief that is not absolutely necessary to
54-30 avoid an unconstitutional result.
54-31 After the electric utility files the general rate application that is
54-32 required by this subsection, the electric utility shall file general rate
54-33 applications in accordance with subsection 3 of NRS 704.110, as
54-34 amended by this act [.] and Assembly Bill No. 661 of this session.
54-35 After the electric utility files the application to clear its deferred
54-36 accounts that is required by this subsection, the electric utility shall
54-37 file applications to clear its deferred accounts in accordance with
54-38 section 19 of this act and subsection 7 of NRS 704.110, as amended
54-39 by this act [.] and Assembly Bill No. 661 of this session.
54-40 Sec. 99. Section 36 of Assembly Bill No. 369 of this session is hereby
54-41 amended to read as follows:
54-42 Sec. 36. Notwithstanding the provisions of any other specific
54-43 statute to the contrary:
54-44 1. If, on or after January 1, 1999, and before the effective date of
54-45 this act, an electric utility holding company entered into any
54-46 transaction to acquire a controlling interest in a public utility that
54-47 provides electric service primarily to customers located outside of this
54-48 state, the electric utility holding company shall not carry out the
54-49 transaction unless, on or after the effective date of this act:
55-1 (a) The electric utility holding company files with the commission
55-2 an application for authorization of the transaction; and
55-3 (b) The commission issues a written order that authorizes the
55-4 transaction. The commission shall not authorize the transaction unless
55-5 the commission finds that the transaction will be in the public interest.
55-6 The commission may base its authorization of the transaction upon
55-7 such terms, conditions or modifications as the commission deems
55-8 appropriate.
55-9 2. If the commission authorizes a transaction described in
55-10 subsection 1 and, before July 1, 2003, the electric utility holding
55-11 company acquires a controlling interest in such a public utility, or any
55-12 affiliate thereof, pursuant to the transaction:
55-13 (a) Each electric utility in which the electric utility holding
55-14 company holds a controlling interest shall not use deferred accounting
55-15 pursuant to section 19 of this act on or after the date on which the
55-16 electric utility holding company acquires a controlling interest in the
55-17 public utility, or any affiliate thereof;
55-18 (b) Not later than 90 days after that date, each such electric utility
55-19 shall file one final application to clear the remaining balance in its
55-20 deferred accounts pursuant to subsection 7 of NRS 704.110, as
55-21 amended by this act [;] and Assembly Bill No. 661 of this session;
55-22 (c) For each such electric utility, the commission shall not carry
55-23 out the provisions of section 35 of this act concerning deferred
55-24 accounting and deferred accounts; and
55-25 (d) The commission shall carry out the remaining provisions of
55-26 section 35 of this act, including, without limitation, the commission’s
55-27 investigation and determination whether the rates that each electric
55-28 utility placed into effect on March 1, 2001, pursuant to the
55-29 comprehensive energy plan are just and reasonable and reflect prudent
55-30 business practices.
55-31 3. Any transaction that violates the provisions of this section is
55-32 void and unenforceable and is not valid for any purpose.
55-33 Sec. 100. Section 1 of Senate Bill No. 210 of this session is hereby
55-34 amended to read as follows:
55-35 Section 1. NRS 704.033 is hereby amended to read as follows:
55-36 704.033 1. [The] Except as otherwise provided in subsection 6,
55-37 the commission shall levy and collect an annual assessment from all
55-38 public utilities , providers of discretionary natural gas service and
55-39 alternative sellers subject to the jurisdiction of the commission.
55-40 2. Except as otherwise provided in [subsection 3,] subsections 3
55-41 and 4, the annual assessment must be:
55-42 (a) For the use of the commission, not more than 3.50 mills; and
55-43 (b) For the use of the consumer’s advocate, not more than
55-44 0.75 mills,
55-45 on each dollar of gross operating revenue derived from the intrastate
55-46 operations of such utilities , providers of discretionary natural gas
55-47 service and alternative sellers in the State of Nevada . [, except that
55-48 the minimum assessment in any 1 year must be $10.] The total annual
55-49 assessment must be not more than 4.25 mills.
56-1 3. [For railroads the total annual assessment must be the amount
56-2 levied for the use of the commission pursuant to paragraph (a) of
56-3 subsection 2.] The levy for the use of the consumer’s advocate must
56-4 not be assessed against railroads.
56-5 4. The minimum assessment in any 1 year must be $100.
56-6 5. The gross operating revenue of the utilities must be determined
56-7 for the preceding calendar year. In the case of:
56-8 (a) Telephone utilities, except as otherwise provided in paragraph
56-9 (c), the revenue shall be deemed to be all intrastate revenues . [that are
56-10 considered by the commission for the purpose of establishing rates.]
56-11 (b) Railroads, the revenue shall be deemed to be the revenue
56-12 received only from freight and passenger intrastate movements.
56-13 (c) All public utilities, providers of discretionary natural gas
56-14 service and alternative sellers, the revenue does not include the
56-15 proceeds of any commodity, energy or service furnished to another
56-16 public utility , provider of discretionary natural gas service or
56-17 alternative seller for resale.
56-18 6. Providers of commercial mobile radio service are not subject
56-19 to the annual assessment and, in lieu thereof, shall pay to the
56-20 commission an annual licensing fee of $200.
56-21 Sec. 101. Section 2 of Senate Bill No. 210 of this session is hereby
56-22 amended to read as follows:
56-23 Sec. 2. NRS 704.035 is hereby amended to read as follows:
56-24 704.035 1. On or before June 1 of each year, the commission
56-25 shall mail revenue report forms to all public utilities , providers of
56-26 discretionary natural gas service and alternative sellers under its
56-27 jurisdiction, to the address of those utilities , providers of
56-28 discretionary natural gas service and alternative sellers on file with
56-29 the commission. The revenue report form serves as notice of the
56-30 commission’s intent to assess [the utilities,] such entities, but failure
56-31 to notify any [utility] such entity does not invalidate the assessment
56-32 with respect thereto.
56-33 2. Each public utility , provider of discretionary natural gas
56-34 service and alternative seller subject to the provisions of NRS
56-35 704.033 shall complete the revenue report referred to in subsection 1,
56-36 compute the assessment and return the completed revenue report to
56-37 the commission accompanied by payment of the assessment and any
56-38 penalty due, pursuant to the provisions of subsection 5.
56-39 3. The assessment is due on July 1 of each year, but may, at the
56-40 option of the public utility, provider of discretionary natural gas
56-41 service or alternative seller be paid quarterly on July 1, October 1,
56-42 January 1 and April 1.
56-43 4. The assessment computed by the utility , provider of
56-44 discretionary natural gas service or alternative seller is subject to
56-45 review and audit by the commission, and the amount of the
56-46 assessment may be adjusted by the commission as a result of the audit
56-47 and review.
56-48 5. Any public utility , provider of discretionary natural gas
56-49 service or alternative seller failing to pay the assessment provided for
57-1 in NRS 704.033 on or before August 1, or if paying quarterly, on or
57-2 before August 1, October 1, January 1 or April 1, shall pay, in
57-3 addition to such assessment, a penalty of 1 percent of the total unpaid
57-4 balance for each month or portion thereof that the assessment is
57-5 delinquent, or $10, whichever is greater, but no penalty may exceed
57-6 $1,000 for each delinquent payment.
57-7 6. When a public utility , provider of discretionary natural gas
57-8 service or alternative seller sells, transfers or conveys substantially all
57-9 of its assets or , if applicable, its certificate of public convenience and
57-10 necessity, the commission shall determine, levy and collect the
57-11 accrued assessment for the current year not later than 30 days after the
57-12 sale, transfer or conveyance, unless the transferee has assumed
57-13 liability for the assessment. For purposes of this subsection , the
57-14 jurisdiction of the commission over the selling, transferring or
57-15 conveying public utility , provider of discretionary natural gas
57-16 service or alternative seller continues until it has paid the assessment.
57-17 7. The commission may bring an appropriate action in its own
57-18 name for the collection of any assessment and penalty which is not
57-19 paid as provided in this section.
57-20 8. The commission shall, on a quarterly basis, transfer to the
57-21 account for the consumer’s advocate that portion of the assessments
57-22 collected which belongs to the consumer’s advocate.
57-23 Sec. 102. Section 6 of Senate Bill No. 372 of this session is hereby
57-24 amended to read as follows:
57-25 Sec. 6. 1. “Provider of electric service” and “provider” mean
57-26 any person or entity that is in the business of selling electricity to
57-27 retail customers for consumption in this state, regardless of whether
57-28 the person or entity is otherwise subject to regulation by the
57-29 commission.
57-30 2. The term includes, without limitation, a provider of new
57-31 electric resources that is selling electricity to an eligible customer
57-32 for consumption in this state pursuant to the provisions of sections 3
57-33 to 26, inclusive, of Assembly Bill No. 661 of this session.
57-34 3. The term does not include:
57-35 (a) This state or an agency or instrumentality of this state.
57-36 (b) A rural electric cooperative established pursuant to chapter 81
57-37 of NRS.
57-38 (c) A general improvement district established pursuant to chapter
57-39 318 of NRS.
57-40 (d) A utility established pursuant to chapter 709 or 710 of NRS.
57-41 (e) A cooperative association, nonprofit corporation, nonprofit
57-42 association or provider of electric service which is declared to be a
57-43 public utility pursuant to NRS 704.673 and which provides service
57-44 only to its members.
57-45 (f) A landlord of a mobile home park or owner of a company town
57-46 who is subject to any of the provisions of NRS 704.905 to 704.960,
57-47 inclusive.
58-1 (g) A landlord who pays for electricity that is delivered through a
58-2 master meter and who distributes or resells the electricity to one or
58-3 more tenants for consumption in this state.
58-4 Sec. 103. Section 8 of Senate Bill No. 372 of this session is hereby
58-5 amended to read as follows:
58-6 Sec. 8. “Renewable energy system” means:
58-7 1. A facility or energy system that:
58-8 (a) Uses renewable energy to generate electricity; and
58-9 (b) Transmits or distributes the electricity that it generates from
58-10 renewable energy via:
58-11 (1) A power line which is dedicated to the transmission or
58-12 distribution of electricity generated from renewable energy and which
58-13 is connected to a facility or system owned, operated or controlled by a
58-14 provider of electric service; or
58-15 (2) A power line which is shared with not more than one facility
58-16 or energy system generating electricity from nonrenewable energy
58-17 and which is connected to a facility or system owned, operated or
58-18 controlled by a provider of electric service.
58-19 2. A solar thermal energy system that reduces the consumption of
58-20 electricity.
58-21 3. A net metering system used by a customer-generator
58-22 pursuant to NRS 704.766 to 704.775, inclusive.
58-23 Sec. 104. Section 9 of Senate Bill No. 372 of this session is hereby
58-24 amended to read as follows:
58-25 Sec. 9. 1. “Retail customer” means [a customer who] an end-
58-26 use customer that purchases electricity [at retail.] for consumption in
58-27 this state.
58-28 2. The term includes, without limitation:
58-29 (a) This state, a political subdivision of this state or an agency or
58-30 instrumentality of this state or political subdivision of this state when
58-31 it is an end-use customer that purchases electricity [at retail; and] for
58-32 consumption in this state, including, without limitation, when it is
58-33 an eligible customer that purchases electricity for consumption in
58-34 this state from a provider of new electric resources pursuant to the
58-35 provisions of sections 3 to 26, inclusive, of Assembly Bill No. 661 of
58-36 this session.
58-37 (b) A residential, commercial or industrial end-use customer that
58-38 purchases electricity for consumption in this state, including,
58-39 without limitation, an eligible customer that purchases electricity for
58-40 consumption in this state from a provider of new electric resources
58-41 pursuant to the provisions of sections 3 to 26, inclusive, of Assembly
58-42 Bill No. 661 of this session.
58-43 (c) A landlord of a mobile home park or owner of a company town
58-44 who is subject to any of the provisions of NRS 704.905 to 704.960,
58-45 inclusive.
58-46 (d) A landlord who pays for electricity that is delivered through a
58-47 master meter and who distributes or resells the electricity to one or
58-48 more tenants for consumption in this state.
59-1 Sec. 105. 1. NRS 523.171, 704.080, 704.090 and 704.275 are
59-2 hereby repealed.
59-3 2. Section 2 of Assembly Bill No. 197 of this session is hereby
59-4 repealed.
59-5 3. Section 10 of Assembly Bill No. 369 of this session is hereby
59-6 repealed.
59-7 4. Section 4 of Senate Bill No. 372 of this session is hereby repealed.
59-8 Sec. 106. 1. For the purposes of sections 3 to 26, inclusive, of this
59-9 act:
59-10 (a) An electric utility that provides distribution services to an eligible
59-11 customer who is purchasing energy, capacity or ancillary services from a
59-12 provider of new electric resources shall charge the eligible customer based
59-13 upon the rates for the electric utility’s distribution services that were on file
59-14 with the commission on April 1, 2001, until the commission approves a
59-15 change in those rates and such a change becomes effective.
59-16 (b) Not later than March 1, 2002, the commission shall establish the
59-17 initial rates for all other components of electric service which are within
59-18 the jurisdiction of the commission and which are necessary for a provider
59-19 of new electric resources to sell energy, capacity and ancillary services to
59-20 an eligible customer pursuant to the provisions of sections 3 to 26,
59-21 inclusive, of this act. The commission may establish such initial rates as a
59-22 part of a general rate application that is pending or filed with the
59-23 commission on or after the effective date of this act.
59-24 2. The commission shall:
59-25 (a) Not later than November 1, 2001, adopt regulations to carry out and
59-26 enforce the provisions of sections 3 to 26, inclusive, of this act.
59-27 (b) Not later than March 1, 2002, approve tariffs to carry out and
59-28 enforce the provisions of section 22 of this act.
59-29 3. Notwithstanding the provisions of section 25 of this act, the
59-30 commission is not required to submit a report to the legislative commission
59-31 for any calendar quarter that ends before October 1, 2001.
59-32 4. As used in this section, the words and terms defined in sections 4 to
59-33 16, inclusive, of this act have the meanings ascribed to them in those
59-34 sections.
59-35 Sec. 107. 1. As soon as practicable after July 1, 2003, the governor
59-36 shall appoint two additional commissioners to the public utilities
59-37 commission of Nevada in accordance with the provisions of section 28 of
59-38 this act. For the initial terms of those commissioners, the governor shall
59-39 appoint:
59-40 (a) One commissioner whose term begins on October 1, 2003, and
59-41 expires on September 30, 2005; and
59-42 (b) One commissioner whose term begins on October 1, 2003, and
59-43 expires on September 30, 2006.
59-44 2. The provisions of this act do not abrogate or affect the term of office
59-45 of any other commissioner of the public utilities commission of Nevada.
59-46 Sec. 108. 1. The provisions of section 54 of this act do not apply
59-47 to any transaction entered into by a local governmental entity before
59-48 January 1, 2002, to acquire or otherwise obtain control of the assets of a
59-49 public utility providing water services.
60-1 2. As used in this section:
60-2 (a) “Assets” includes, without limitation, any hydroelectric plant,
60-3 facility, equipment or system which has a generating capacity of not more
60-4 than 15 megawatts and which is located on the Truckee River or on a
60-5 waterway that is appurtenant to or connected to the Truckee River.
60-6 (b) “Local governmental entity” means a political subdivision of this
60-7 state or an agency or instrumentality of one or more political subdivisions
60-8 of this state. The term includes, without limitation, a public water authority
60-9 consisting of one or more political subdivisions of this state.
60-10 Sec. 109. 1. As soon as practicable after the effective date of this
60-11 act, the appointing authorities set forth in section 84 of this act shall
60-12 appoint members to the task force for renewable energy and energy
60-13 conservation which is created by section 84 of this act.
60-14 2. At the first meeting of the task force following the appointment of
60-15 the initial members of the task force, the initial members of the task force
60-16 shall draw lots to determine which:
60-17 (a) Five members of the task force will serve initial terms that expire on
60-18 June 30, 2004.
60-19 (b) Four members of the task force will serve initial terms that expire on
60-20 June 30, 2003.
60-21 3. Not later than 10 days after the first meeting of the task force
60-22 following the appointment of the initial members of the task force, the
60-23 public utilities commission of Nevada shall transfer the sum of $250,000
60-24 from its reserve account in the public utilities commission regulatory fund,
60-25 created by NRS 703.147, to the trust fund for renewable energy and energy
60-26 conservation, created by section 83 of this act.
60-27 Sec. 110. 1. Notwithstanding the provisions of this act and except as
60-28 otherwise provided in subsection 2, the department of business and
60-29 industry and its director shall exercise all the power and perform all the
60-30 duties that are assigned to the office of energy and its director pursuant to
60-31 the provisions of chapter 523 of NRS, as amended by this act, until the date
60-32 on which the governor certifies that the office of energy and its director are
60-33 prepared to carry out those provisions, or until January 1, 2002, whichever
60-34 occurs earlier.
60-35 2. During the period described in subsection 1, the office of energy and
60-36 its director may exercise any power and perform any duty assigned to them
60-37 pursuant to the provisions of chapter 523 of NRS, as amended by this act,
60-38 if the exercise of the power or the performance of the duty is necessary as
60-39 an organizational, preparatory or preliminary measure to prepare the office
60-40 of energy and its director to carry out those provisions.
60-41 Sec. 111. 1. Any administrative regulations adopted by an officer or
60-42 an agency whose name has been changed or whose responsibilities have
60-43 been transferred pursuant to the provisions of this act to another officer or
60-44 agency remain in force until amended by the officer or agency to which the
60-45 responsibility for the adoption of the regulations has been transferred.
60-46 2. Any contracts or other agreements entered into by an officer or
60-47 agency whose name has been changed or whose responsibilities have been
60-48 transferred pursuant to the provisions of this act to another officer or
60-49 agency are binding upon the officer or agency to which the responsibility
61-1 for the administration of the provisions of the contract or other agreement
61-2 has been transferred. Such contracts and other agreements may be enforced
61-3 by the officer or agency to which the responsibility for the enforcement of
61-4 the provisions of the contract or other agreement has been transferred.
61-5 3. Any action taken by an officer or agency whose name has been
61-6 changed or whose responsibilities have been transferred pursuant to the
61-7 provisions of this act to another officer or agency remains in effect as if
61-8 taken by the officer or agency to which the responsibility for the
61-9 enforcement of such actions has been transferred.
61-10 Sec. 112. 1. This section and sections 1 to 27, inclusive, 30 to 94,
61-11 inclusive, 96 to 111, inclusive, and 113 of this act become effective upon
61-12 passage and approval.
61-13 2. Section 95 of this act becomes effective on July 1, 2001.
61-14 3. Sections 28 and 29 of this act become effective on October 1, 2003.
61-15 Sec. 113. 1. The legislative counsel shall:
61-16 (a) In preparing the reprint and supplements to the Nevada Revised
61-17 Statutes, appropriately change any references to an officer or agency whose
61-18 name is changed or whose responsibilities have been transferred pursuant
61-19 to the provisions of this act to refer to the appropriate officer or agency.
61-20 (b) In preparing supplements to the Nevada Administrative Code,
61-21 appropriately change any references to an officer or agency whose name is
61-22 changed or whose responsibilities have been transferred pursuant to the
61-23 provisions of this act to refer to the appropriate officer or agency.
61-24 2. Any reference in a bill or resolution passed by the 71st session of
61-25 the Nevada legislature to an officer or agency whose name is changed or
61-26 whose responsibilities have been transferred pursuant to the provisions of
61-27 this act to another officer or agency shall be deemed to refer to the officer
61-28 or agency to which the responsibility is transferred.
61-29 TEXT OF REPEALED SECTIONS
61-30 523.171 Information and assistance to state agencies. The
61-31 director, in cooperation with the chief of the buildings and grounds division
61-32 of the department of administration, shall, upon request, provide
61-33 information and assistance to any agency, bureau, board, commission,
61-34 department or division which is engaged in the management, planning,
61-35 utilization and distribution of energy.
61-36 704.080 Printing and posting of schedules. A copy, or so much of
61-37 the schedule as the commission shall deem necessary for the use of the
61-38 public, shall be printed in plain type and posted in every station or office of
61-39 such public utility where payments are made by the consumers or users,
61-40 open to the public, in such form and place as to be readily accessible to the
61-41 public and conveniently inspected.
61-42 704.090 Schedule of joint rates: Filing; printing; posting. When a
61-43 schedule of joint rates or charges is or may be in force between two or
61-44 more public utilities, such schedule shall, in like manner, be printed and
61-45 filed with the commission, and so much thereof as the commission may
62-1 deem necessary for the use of the public shall be posted conspicuously in
62-2 every station or office as provided in NRS 704.080.
62-3 704.275 Powers of commission: Standards for requiring hearing
62-4 on telephone rates. The commission shall determine whether a hearing
62-5 must be held when the proposed change by a public utility furnishing
62-6 telephone service in any schedule stating a new or revised individual or
62-7 joint rate or charge, or any new or revised individual or joint regulation or
62-8 practice affecting any rate or charge, will result in an increase in annual
62-9 gross revenue as certified by the applicant of $50,000 or 10 percent of the
62-10 applicant’s gross revenue, whichever is less.
62-11 Section 2 of Assembly Bill No. 197 of this session:
62-12 Sec. 2. NRS 704.965 is hereby amended to read as follows:
62-13 704.965 As used in NRS 704.965 to 704.990, inclusive, and
62-14 section 1 of this act, unless the context otherwise requires, the words
62-15 and terms defined in NRS 704.966 to 704.975, inclusive, have the
62-16 meanings ascribed to them in those sections.
62-17 Section 10 of Assembly Bill No. 369 of this session:
62-18 Sec. 10. “Consumer’s advocate” means the consumer’s
62-19 advocate of the bureau of consumer protection in the office of the
62-20 attorney general.
62-21 Section 4 of Senate Bill No. 372 of this session:
62-22 Sec. 4. “Biomass” means any organic matter that is available
62-23 on a renewable basis, including, without limitation:
62-24 1. Agricultural crops and agricultural wastes and residues;
62-25 2. Wood and wood wastes and residues;
62-26 3. Animal wastes;
62-27 4. Municipal wastes; and
62-28 5. Aquatic plants.
62-29 H