2001 REGULAR SESSION (71st) A SB210 426
Adoption of this amendment will ADD a 2/3s majority vote requirement for final passage of SB210 (§§ 1 and 2).
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by renumbering sections 1 and 2 as sections 3 and 4 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. NRS 704.033 is hereby amended to read as follows:
704.033 1. [The] Except as otherwise provided in subsection 6, the commission shall levy and collect an annual assessment from all public utilities , providers of discretionary natural gas service and alternative sellers subject to the jurisdiction of the commission.
2. Except as otherwise provided in [subsection 3,] subsections 3 and 4, the annual assessment must be:
(a) For the use of the commission, not more than 3.50 mills; and
(b) For the use of the consumer’s advocate of the bureau of consumer protection in the office of the attorney general, not more than 0.75 mills,
FLUSH
on each dollar of gross operating revenue derived from the
intrastate operations of such utilities , providers of discretionary natural gas service and
alternative sellers in the State of Nevada . [, except
that the minimum assessment in any 1 year must be $10.] The total annual assessment must be not more than
4.25 mills.
3. [For railroads the total annual assessment must be the amount levied for the use of the commission pursuant to paragraph (a) of subsection 2.] The levy for the use of the consumer’s advocate must not be assessed against railroads.
4. The minimum assessment in any 1 year must be $100.
5. The gross operating revenue of the utilities must be determined for the preceding calendar year. In the case of:
(a) Telephone utilities, except as otherwise provided in paragraph (c), the revenue shall be deemed to be all intrastate revenues . [that are considered by the commission for the purpose of establishing rates.]
(b) Railroads, the revenue shall be deemed to be the revenue received only from freight and passenger intrastate movements.
(c) All public utilities, providers of discretionary natural gas service and alternative sellers, the revenue does not include the proceeds of any commodity, energy or service furnished to another public utility , provider of discretionary natural gas service or alternative seller for resale.
6. Providers of commercial mobile radio service are not subject to the annual assessment and, in lieu thereof, shall pay to the commission an annual licensing fee of $200.
Sec. 2. NRS 704.035 is hereby amended to read as follows:
704.035 1. On or before June 1 of each year, the commission shall mail revenue report forms to all public utilities , providers of discretionary natural gas service and alternative sellers under its jurisdiction, to the address of those utilities , providers of discretionary natural gas service and alternative sellers on file with the commission. The revenue report form serves as notice of the commission’s intent to assess [the utilities,] such entities, but failure to notify any [utility] such entity does not invalidate the assessment with respect thereto.
2. Each public utility , provider of discretionary natural gas service and alternative seller subject to the provisions of NRS 704.033 shall complete the revenue report referred to in subsection 1, compute the assessment and return the completed revenue report to the commission accompanied by payment of the assessment and any penalty due, pursuant to the provisions of subsection 5.
3. The assessment is due on July 1 of each year, but may, at the option of the public utility, provider of discretionary natural gas service or alternative seller be paid quarterly on July 1, October 1, January 1 and April 1.
4. The assessment computed by the utility , provider of discretionary natural gas service or alternative seller is subject to review and audit by the commission, and the amount of the assessment may be adjusted by the commission as a result of the audit and review.
5. Any public utility , provider of discretionary natural gas service or alternative seller failing to pay the assessment provided for in NRS 704.033 on or before August 1, or if paying quarterly, on or before August 1, October 1, January 1 or April 1, shall pay, in addition to such assessment, a penalty of 1 percent of the total unpaid balance for each month or portion thereof that the assessment is delinquent, or $10, whichever is greater, but no penalty may exceed $1,000 for each delinquent payment.
6. When a public utility , provider of discretionary natural gas service or alternative seller sells, transfers or conveys substantially all of its assets or , if applicable, its certificate of public convenience and necessity, the commission shall determine, levy and collect the accrued assessment for the current year not later than 30 days after the sale, transfer or conveyance, unless the transferee has assumed liability for the assessment. For purposes of this subsection , the jurisdiction of the commission over the selling, transferring or conveying public utility , provider of discretionary natural gas service or alternative seller continues until it has paid the assessment.
7. The commission may bring an appropriate action in its own name for the collection of any assessment and penalty which is not paid as provided in this section.
8. The commission shall, on a quarterly basis, transfer to the account for the consumer’s advocate of the bureau of consumer protection in the office of the attorney general that portion of the assessments collected which belongs to the consumer’s advocate.”.
Amend sec. 2, page 2, by deleting lines 27 through 46 and inserting:
“the office of the commission and there preserved. [Notwithstanding any other provisions of law, neither any] Any accident report made as required by this chapter[, nor] and any report of the commission made pursuant to [any accident investigation made by it, may] its investigation of a fatal accident must be open to public inspection . [or disclosed to any person, except upon order of the commission, nor may either or any of the reports, or any portion thereof, be admitted as evidence or used for any purpose in any suit or action for damages growing out of any matter mentioned in the accident report or report of any such investigation.]”.
Amend the bill as a whole by deleting sec. 3 and renumbering sections 4 through 13 as sections 5 through 14.
Amend sec. 13, page 9, line 41, by deleting “4” and inserting “5”.
Amend sec. 13, page 9, by deleting line 43 and inserting:
“2. Sections 1 to 4, inclusive, and 6 to 13, inclusive, of this act become effective”.
Amend the title of the bill by deleting the first through fourth lines and inserting:
“AN ACT relating to utilities; revising provisions governing annual assessments imposed by the public utilities commission of Nevada; revising provisions governing the establishment of the rates of certain utilities; providing that certain accident reports concerning utilities must be open to public inspection; changing the dates for the calculation and payment of assessments by”.