S.B. 507

 

Senate Bill No. 507–Committee on Commerce and Labor

 

March 26, 2001

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Revises and repeals various provisions concerning utilities and energy. (BDR 58‑1450)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

~

 

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; revising and repealing various provisions concerning utilities and energy; clarifying certain procedures and requirements governing the regulation of utilities; expanding the availability of net metering; requiring the terms and conditions of certain contracts or agreements related to net metering and net metering systems to be approved by the public utilities commission of Nevada; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. NRS 703.330 is hereby amended to read as follows:

1-2    703.330  1.  A complete record must be kept of all hearings before the

1-3  commission . [, and all] All testimony at such hearings must be taken

1-4  down by the stenographer appointed by the commission, or, under the

1-5  direction of any competent person appointed by the commission, must be

1-6  reported by sound recording equipment in the manner authorized for

1-7  reporting testimony in district courts. The testimony reported by a

1-8  stenographer must be transcribed, and the transcript filed with the record in

1-9  the matter. The commission may by regulation provide for the transcription

1-10  or safekeeping of sound recordings. Cost of recording and transcribing

1-11  testimony at any hearing, except those hearings ordered pursuant to NRS

1-12  703.310 , must be paid by the applicant. If a complaint is made pursuant to

1-13  NRS 703.310 by a customer or by a political subdivision of the state or

1-14  municipal organization, the complainant is not liable for any costs.

1-15  Otherwise, if there are several applicants or parties to any hearing, the

1-16  commission may apportion the costs among them in its discretion.

1-17    2.  [Whenever any complaint] If a petition is served upon the

1-18  commission as provided in NRS 703.373 for the bringing of an action

1-19  against the commission, before the action is reached for trial, the


2-1  commission shall file a certified copy of all proceedings and testimony

2-2  taken with the clerk of the court in which the action is pending.

2-3    3.  A copy of the proceedings and testimony must be furnished to any

2-4  party, on payment of a reasonable amount, to be fixed by the commission,

2-5  and the amount must be the same for all parties.

2-6    4.  The provisions of this section do not prohibit the commission from

2-7  restricting access to the records and transcripts of a hearing pursuant to

2-8  paragraph (a) of subsection 3 of NRS 703.196.

2-9    Sec. 2.  NRS 703.373 is hereby amended to read as follows:

2-10    703.373  1.  Any party of record to a proceeding before the

2-11  commission is entitled to judicial review of the final [decision.

2-12    2.  Proceedings] order of the commission.

2-13    2.  To institute proceedings for judicial review [may be instituted by

2-14  filing] pursuant to this section:

2-15    (a) A party of record must file a petition for judicial review in the

2-16  district court in and for :

2-17      (1) Carson City[, in and for the] ;

2-18      (2) The county in which the party resides[, or in and for the] ; or

2-19      (3) The county where the act on which the proceeding is based

2-20  occurred[. A] ;

2-21    (b) The petition must be filed [within] in such district court:

2-22      (1) Not later than 90 days after the date of service of the final

2-23  [decision] order of the commission [or, if] ; or

2-24      (2) If a rehearing is held, [within] not later than 30 days after the

2-25  [decision thereon. Copies] date of service of the final order of the

2-26  commission on the rehearing; and

2-27    (c) The petition must be served upon the commission and all other

2-28  parties of record.

2-29    3.  [The] To respond to the petition, the commission and other

2-30  [defendants shall] parties of record must file their answers to the petition

2-31  [within] not later than 30 days after the date of service [thereof,

2-32  whereupon] of the petition. On the date on which such answers must be

2-33  filed, the action is at issue and [they] the parties must be ready for a

2-34  hearing upon 20 days’ notice to [either party.] the parties.

2-35    4.  The court shall:

2-36    (a) Conduct its review [must be conducted by the court] of the petition

2-37  without a jury [and be confined] ;

2-38    (b) Confine its review to the record[. In] , except that in cases of

2-39  alleged irregularities in procedure before the commission, not shown in the

2-40  record, the court may take proof [thereon may be taken in the court. The

2-41  court, upon request, shall] of such alleged irregularities; and

2-42    (c) Upon request, hear oral argument and receive written briefs.

2-43    5.  All actions brought under this section have precedence over any

2-44  civil action of a different nature pending in the court.

2-45    6.  The court shall not substitute its judgment for that of the

2-46  commission as to the weight of the evidence on questions of fact. The court

2-47  may affirm the decision of the commission or set it aside in whole or in

2-48  part if substantial rights of the appellant have been prejudiced because the

2-49  administrative findings, inferences, conclusions or decisions are:


3-1    (a) In violation of constitutional or statutory provisions;

3-2    (b) In excess of the statutory authority of the commission;

3-3    (c) Made upon unlawful procedure;

3-4    (d) Affected by other error of law;

3-5    (e) Clearly erroneous in view of the reliable, probative and substantial

3-6  evidence on the whole record; or

3-7    (f) Arbitrary or capricious or characterized by abuse of discretion.

3-8    Sec. 3.  NRS 703.377 is hereby amended to read as follows:

3-9    703.377  1.  [No] Any certificate of public convenience and necessity,

3-10  permit or license issued or transferred in accordance with the [terms]

3-11  provisions of NRS [704.005] 704.001 to 704.751, inclusive, is [either] not

3-12  a franchise or irrevocable.

3-13    2.  Upon receipt of a written complaint or on its own motion, the

3-14  commission may, after investigation and hearing, revoke any certificate,

3-15  permit or license, [but as to] except that the commission may not revoke

3-16  the certificate of a public utility [only if] unless the commission has

3-17  arranged for another public utility to provide the service for which the

3-18  certificate was granted.

3-19    3.  [The proceedings thereafter are governed by] If the commission

3-20  revokes any certificate, permit or license, the person who held the

3-21  certificate, permit or license may seek judicial review pursuant to the

3-22  provisions of NRS 703.373 to 703.376, inclusive.

3-23    Sec. 4.  NRS 704.070 is hereby amended to read as follows:

3-24    704.070  Unless exempt under the provisions of NRS 704.075 ,

3-25  704.095 or 704.097:

3-26    1.  [Every] Each public utility shall file with the commission, within a

3-27  time to be fixed by the commission, schedules which must be open to

3-28  public inspection[, showing all] and which must show:

3-29    (a) All rates, tolls and charges which [it] the public utility has

3-30  established and which are currently in force [at the time] for any service

3-31  performed or product furnished [in connection therewith by any] by the

3-32  public utility [controlled and operated by it.] ; and

3-33    (b) All joint rates, tolls and charges which the public utility has

3-34  established with one or more other public utilities and which are

3-35  currently in force between those public utilities for any service performed

3-36  or product furnished by those public utilities.

3-37    2.  All rules or regulations that in any manner affect the rates , tolls or

3-38  charges that are charged or [to] will be charged for any service performed

3-39  or product furnished by the public utility must be filed with [that] the

3-40  appropriate schedule.

3-41    3.  A copy of each schedule filed by the public utility pursuant to this

3-42  section, or so much of the schedule as the commission deems necessary

3-43  for inspection by the public, must be:

3-44    (a) Printed in plain type and posted in each station or office of the

3-45  public utility where payments are made to the public utility by its

3-46  customers; and

3-47    (b) Open to inspection by the public and in such form and place as to

3-48  be readily accessible to and conveniently inspected by the public.

 


4-1    Sec. 5.  NRS 704.075 is hereby amended to read as follows:

4-2    704.075  1.  As used in this section, with respect to the sale of natural

4-3  gas:

4-4    (a) “Generating customer” means a customer who generates electricity

4-5  by burning natural gas.

4-6    (b) “Industrial customer” means a customer engaged primarily in

4-7  manufacturing or processing which changes raw or unfinished materials

4-8  into another form or creates another product.

4-9    (c) “Large commercial customer” means a customer whose

4-10  requirements equal or exceed [50 thousand] 50,000 cubic feet of natural

4-11  gas per day on any day and which is an institution, an agency of federal,

4-12  state or local government, or engaged primarily in renting out offices or

4-13  other commercial space, in providing lodging or in the sale of other goods

4-14  or services.

4-15    2.  The commission shall establish standards for the setting, increase or

4-16  decrease of rates and charges for natural gas to generating, industrial and

4-17  large commercial customers. These standards must authorize increases or

4-18  decreases on less than 30 days’ notice. Establishing different classes of

4-19  customers, and charging different rates to customers of the same class, for

4-20  these customers do not violate this chapter.

4-21    3.  The commission may, for sales to generating, industrial and large

4-22  commercial customers:

4-23    (a) Exempt the filing of rates from those provisions of NRS [704.080,

4-24  704.090,] 704.070, 704.100 and 704.110 which it determines are not

4-25  needed to protect the public interest.

4-26    (b) Authorize the establishment of different classes of customer or the

4-27  charging of different rates for customers of the same class, based on value

4-28  of the service and on the customer’s ability to change from one fuel to

4-29  another.

4-30    Sec. 6.  NRS 704.100 is hereby amended to read as follows:

4-31    704.100  Except as otherwise provided in NRS 704.075 , or except as

4-32  may otherwise be provided by the commission pursuant to NRS 704.095,

4-33  704.097 or 704.275:

4-34    1.  [No changes may be made] A public utility shall not make changes

4-35  in any schedule, including schedules of joint rates, or in the rules or

4-36  regulations affecting any rates or charges, except upon 30 days’ notice to

4-37  the commission, and all changes must be plainly indicated, or by filing new

4-38  schedules in lieu thereof 30 days before the time the schedules are to take

4-39  effect. The commission, upon application of [any] the public utility, may

4-40  prescribe a shorter time within which a reduction may be made.

4-41    2.  [Copies] A public utility shall post copies of all proposed[,]

4-42  schedules and all new or amended schedules [must be filed and posted in

4-43  the offices of public utilities as required for original schedules.] in the

4-44  same stations and offices and in substantially the same form, manner

4-45  and places as required by NRS 704.070 for the posting of copies of

4-46  schedules that are currently in force.

4-47    3.  A public utility may not set forth as justification for a rate increase

4-48  any items of expense or rate base [which] that previously have been

4-49  considered and disallowed by the commission, [only if] unless those items


5-1  are clearly identified in the application and new facts or considerations of

5-2  policy for each item are advanced in the application to justify a reversal of

5-3  the [commission’s] prior decision[.] of the commission.

5-4    4.  The commission shall determine whether a hearing must be held

5-5  when the proposed change in any schedule stating a new or revised

5-6  individual or joint rate, fare or charge, or any new or revised individual or

5-7  joint regulation or practice affecting any rate, fare or charge, will result in

5-8  an increase in annual gross revenue as certified by the applicant of $2,500

5-9  or less.

5-10    [5.] In making [the] such a determination , the commission shall first

5-11  consider all timely written protests, any presentation the staff of the

5-12  commission may desire to present, the application of the public utility and

5-13  any other matters deemed relevant by the commission.

5-14    Sec. 7.  NRS 704.110 is hereby amended to read as follows:

5-15    704.110  Except as otherwise provided in NRS 704.075 , or except as

5-16  otherwise provided by the commission pursuant to NRS 704.095 or

5-17  704.097:

5-18    1.  Whenever there is filed with the commission any schedule stating a

5-19  new or revised individual or joint rate or charge, or any new or revised

5-20  individual or joint regulation or practice affecting any rate or charge, or

5-21  any schedule resulting in a discontinuance, modification or restriction of

5-22  service, the commission may, upon complaint or upon its own motion

5-23  without complaint, at once, without answer or formal pleading by the

5-24  interested utility, investigate or, upon reasonable notice, conduct a hearing

5-25  concerning the propriety of the rate, charge, classification, regulation,

5-26  discontinuance, modification, restriction or practice.

5-27    2.  Pending the investigation or hearing and the decision thereon, the

5-28  commission, upon delivering to the utility affected thereby a statement in

5-29  writing of its reasons for the suspension, may suspend the operation of the

5-30  schedule and defer the use of the rate, charge, classification, regulation,

5-31  discontinuance, modification, restriction or practice, but not for more than

5-32  150 days beyond the time when the rate, charge, classification, regulation,

5-33  discontinuance, modification, restriction or practice would otherwise go

5-34  into effect.

5-35    3.  Whenever there is filed with the commission any schedule stating an

5-36  increased individual or joint rate or charge for service or equipment, the

5-37  public utility shall submit with its application a statement showing the

5-38  recorded results of revenues, expenses, investments and costs of capital for

5-39  its most recent 12 months for which data were available when the

5-40  application was prepared. During any hearing concerning the increased

5-41  rates or charges determined by the commission to be necessary, the

5-42  commission shall consider evidence in support of the increased rates or

5-43  charges based upon actual recorded results of operations for the same 12

5-44  months, adjusted for increased revenues, any increased investment in

5-45  facilities, increased expenses for depreciation, certain other operating

5-46  expenses as approved by the commission and changes in the costs of

5-47  securities which are known and are measurable with reasonable accuracy at

5-48  the time of filing and which will become effective within 6 months after

5-49  the last month of those 12 months, but no new rates or charges may be


6-1  placed into effect until the changes have been experienced and certified by

6-2  the utility to the commission. The commission shall also consider evidence

6-3  supporting expenses for depreciation, calculated on an annual basis,

6-4  applicable to major components of the public utility’s plant placed into

6-5  service during the recorded test period or the period for certification as set

6-6  forth in the application. Adjustments to revenues, operating expenses and

6-7  costs of securities must be calculated on an annual basis. Within 90 days

6-8  after the filing with the commission of the certification required in this

6-9  subsection, or before the expiration of any period of suspension ordered

6-10  pursuant to subsection 2, whichever time is longer, the commission shall

6-11  make such order in reference to those rates or charges as is required by this

6-12  chapter.

6-13    4.  After full investigation or hearing, whether completed before or

6-14  after the date upon which the rate, charge, classification, regulation,

6-15  discontinuance, modification, restriction or practice is to go into effect, the

6-16  commission may make such order in reference to the rate, charge,

6-17  classification, regulation, discontinuance, modification, restriction or

6-18  practice as would be proper in a proceeding initiated after the rate, charge,

6-19  classification, regulation, discontinuance, modification, restriction or

6-20  practice has become effective.

6-21    5.  Except as otherwise provided in subsection 6, whenever a general

6-22  rate application for an increased rate or charge for, or classification,

6-23  regulation, discontinuance, modification, restriction or practice involving

6-24  service or equipment has been filed with the commission, a public utility

6-25  shall not submit another general rate application until all pending general

6-26  rate applications for increases in rates submitted by that public utility have

6-27  been decided unless, after application and hearing, the commission

6-28  determines that a substantial financial emergency would exist if the other

6-29  application is not permitted to be submitted sooner.

6-30    6.  A public utility may not file an application to recover the increased

6-31  cost of purchased fuel, purchased power[,] or natural gas purchased for

6-32  resale more often than once every 30 days.

6-33    7.  A utility facility identified in a 3-year plan submitted pursuant to

6-34  NRS 704.741 and accepted by the commission for acquisition or

6-35  construction pursuant to NRS 704.751 and the regulations adopted

6-36  pursuant thereto shall be deemed to be a prudent investment. The utility

6-37  may recover all just and reasonable costs of planning and constructing such

6-38  a facility.

6-39    Sec. 8.  NRS 704.410 is hereby amended to read as follows:

6-40    704.410  1.  Any public utility subject to the provisions of NRS

6-41  [704.005] 704.001 to 704.751, inclusive, to which a certificate of public

6-42  convenience and necessity has been issued pursuant to NRS [704.005]

6-43  704.001 to 704.751, inclusive, may transfer the certificate to any person

6-44  qualified under NRS [704.005] 704.001 to 704.751, inclusive . [, but the]

6-45  Such a transfer is not valid for any purpose [until a] unless:

6-46    (a) A joint application to make the transfer has been made to the

6-47  commission by the transferor and the transferee[, and the] ; and

6-48    (b) The commission has authorized the substitution of the transferee for

6-49  the transferor.


7-1    2.  The commission may direct that a hearing be had in the matter of

7-2  the transfer. If the commission determines that a hearing should be held,

7-3  the hearing must be noticed and conducted in the same manner as other

7-4  contested hearings before the commission.

7-5    3.  [The commission has the sole discretion to direct that a hearing be

7-6  held if the application seeks to transfer the certificate from a person or

7-7  partners to a corporation when the officers of the corporation will be

7-8  substantially the same person or partners.

7-9    4.] The commission may dispense with a hearing if, upon the

7-10  expiration of the time fixed in the notice thereof, no protest to the proposed

7-11  transfer has been filed by or on behalf of any interested person.

7-12    [5.] 4. In determining whether the transfer of a certificate of public

7-13  convenience and necessity to an applicant transferee should be authorized,

7-14  the commission must take into consideration:

7-15    (a) The utility service performed by the transferor and the proposed

7-16  utility service of the transferee;

7-17    (b) Other authorized utility services in the territory for which the

7-18  transfer is sought; and

7-19    (c) Whether the transferee is fit, willing and able to perform the services

7-20  of a public utility and whether the proposed operation will be consistent

7-21  with the legislative policies set forth in NRS [704.005] 704.001 to 704.751,

7-22  inclusive.

7-23    [6.] 5. The commission may make such amendments, restrictions or

7-24  modifications in a certificate upon transferring it as the public interest

7-25  requires.

7-26    [7.] 6. No transfer is valid beyond the life of the certificate transferred.

7-27    Sec. 9.  NRS 704.430 is hereby amended to read as follows:

7-28    704.430  1.  Any person, firm, association or corporation who [shall

7-29  violate] violates any provisions of NRS 704.330 to [704.410,] 704.430,

7-30  inclusive, shall be punished by a fine of not more than $250.

7-31    2.  Each day’s operation without a certificate as provided in NRS

7-32  704.330 to [704.410,] 704.430, inclusive, or each day that service is

7-33  discontinued, modified or restricted, as defined in NRS 704.330 to

7-34  [704.410,] 704.430, inclusive, shall be considered a separate offense.

7-35    Sec. 10.  NRS 704.635 is hereby amended to read as follows:

7-36    704.635  [When]

7-37    1.  If a complaint has been filed with the commission alleging that a

7-38  person is providing a service which requires a certificate of public

7-39  convenience and necessity, or [when] if the commission has reason to

7-40  believe that a person is violating any provision of NRS [704.005] 704.001

7-41  to 704.751, inclusive, [is being violated,] the commission [shall] :

7-42    (a) Shall investigate the [operation and may, after] person; and

7-43    (b) After a hearing, may issue an order requiring that the person cease

7-44  and desist from any operation in violation of NRS [704.005] 704.001 to

7-45  704.751, inclusive.

7-46    2.  The commission shall enforce [the] such an order under the powers

7-47  vested in the commission by NRS [704.005] 704.001 to 704.751, inclusive,

7-48  or any other [law.] specific statute.

 


8-1    Sec. 11.  NRS 704.640 is hereby amended to read as follows:

8-2    704.640  Except as otherwise provided in NRS 704.281 to 704.284,

8-3  inclusive, any person who:

8-4    1.  Operates any public utility to which NRS [704.005] 704.001 to

8-5  704.751, inclusive, and 704.993 to 704.999, inclusive, apply without first

8-6  obtaining a certificate of public convenience and necessity or in violation

8-7  of its terms;

8-8    2.  Fails to make any return or report required by NRS [704.005]

8-9  704.001 to 704.751, inclusive, and 704.993 to 704.999, inclusive, or by the

8-10  commission pursuant to NRS [704.005] 704.001 to 704.751, inclusive, and

8-11  704.993 to 704.999, inclusive;

8-12    3.  Violates, or procures, aids or abets the violating of any provision of

8-13  NRS [704.005] 704.001 to 704.751, inclusive, and 704.993 to 704.999,

8-14  inclusive;

8-15    4.  Fails to obey any order, decision or regulation of the commission;

8-16    5.  Procures, aids or abets any person in his failure to obey the order,

8-17  decision or regulation; or

8-18    6.  Advertises, solicits, proffers bids or otherwise holds himself out to

8-19  perform as a public utility in violation of any of the provisions of NRS

8-20  [704.005] 704.001 to 704.751, inclusive, and 704.993 to 704.999,

8-21  inclusive,

8-22  shall be fined not more than $500.

8-23    Sec. 12.  NRS 704.660 is hereby amended to read as follows:

8-24    704.660  1.  Any public utility which furnishes, for compensation, any

8-25  water for domestic purposes shall furnish each city, town, village or hamlet

8-26  which it serves with a reasonably adequate supply of water at reasonable

8-27  pressure for fire protection and at reasonable rates, all to be fixed and

8-28  determined by the commission.

8-29    2.  The duty to furnish a reasonably adequate supply of water provided

8-30  for in subsection 1 includes the laying of mains with all necessary

8-31  connections for the proper delivery of the water for fire protection and also

8-32  the installing of appliances to assure a reasonably sufficient pressure for

8-33  fire protection.

8-34    3.  The commission may fix and determine reasonable rates and

8-35  prescribe all installations and appliances adequate for the proper utilization

8-36  and delivery of water for fire protection. The commission may adopt

8-37  regulations and practices to be followed by a utility in furnishing water for

8-38  fire protection, and has complete jurisdiction of all questions arising under

8-39  the provisions of this section.

8-40    4.  All proceedings under this section must be conducted pursuant to

8-41  NRS 703.320 to 703.370, inclusive, and [704.005] 704.001 to 704.645,

8-42  inclusive. All violations of any order made by the commission under the

8-43  provisions of this section are subject to the penalties for similar violations

8-44  of the provisions of NRS [704.005] 704.001 to 704.645, inclusive.

8-45    5.  This section applies to and governs all public utilities furnishing

8-46  water for domestic use on March 26, 1913, unless otherwise expressly

8-47  provided in the charters, franchises or permits under which those utilities

8-48  are acting. Each public utility which supplies water for domestic uses after

8-49  March 26, 1913, is subject to the provisions of this section, regardless of


9-1  any conditions to the contrary in any charter, franchise or permit of

9-2  whatever character granted by any county, city, town, village or hamlet

9-3  within this state, or of any charter, franchise or permit granted by any

9-4  authority outside this state.

9-5    Sec. 13.  NRS 704.773 is hereby amended to read as follows:

9-6    704.773  1.  A utility shall offer net metering, as set forth in NRS

9-7  704.775, to the customer-generators operating within its service area .

9-8  [until 100 of those customer-generators have accepted the offer.]

9-9    2.  A utility:

9-10    (a) Shall offer to make available to each of its customer-generators who

9-11  has accepted its offer for net metering an energy meter that is capable of

9-12  registering the flow of electricity in two directions.

9-13    (b) May, at its own expense and with the written consent of the

9-14  customer-generator, install one or more additional meters to monitor the

9-15  flow of electricity in each direction.

9-16    (c) Shall not charge a customer-generator any fee or charge that would

9-17  increase the customer-generator’s minimum monthly charge to an amount

9-18  greater than that of other customers of the utility in the same rate class as

9-19  the customer-generator.

9-20    3.  If a customer-generator accepts an offer for net metering from a

9-21  utility, the utility shall enter into a written contract or agreement with the

9-22  customer-generator concerning the terms and conditions for net

9-23  metering and for use of the net metering system by the customer-

9-24  generator. The contract or agreement must not include any terms or

9-25  conditions that have not been approved by the commission. If the

9-26  contract or agreement includes any terms or conditions that have not

9-27  been approved by the commission, those terms or conditions are void and

9-28  unenforceable and are not valid for any purpose. The commission shall

9-29  adopt regulations prescribing the procedures that must be followed to

9-30  submit the terms and conditions of a contract or agreement to the

9-31  commission for approval pursuant to this subsection.

9-32    Sec. 14.  NRS 704.975 is hereby amended to read as follows:

9-33    704.975  1.  “Vertically integrated electric utility” means any public

9-34  utility in the business of supplying electricity or its successor in interest

9-35  that, as of December 31, 1996:

9-36    (a) Held a certificate of public convenience and necessity issued

9-37  pursuant to NRS [704.005] 704.001 to 704.731, inclusive; and

9-38    (b) Had an annual operating revenue of $250,000,000 or more in

9-39  Nevada.

9-40    2.  The term does not include a cooperative association or nonprofit

9-41  corporation or association or other provider of electric service, which is

9-42  declared to be a public utility pursuant to NRS 704.673 and provides

9-43  service only to its members.

9-44    Sec. 15.  NRS 704.080 and 704.090 are hereby repealed.

9-45    Sec. 16.  Notwithstanding the amendatory provisions of section 13 of

9-46  this act, if, before the effective date of this act, a utility entered into a

9-47  written contract or agreement with a customer-generator concerning the

9-48  terms and conditions for net metering and for use of a net metering system

9-49  by the customer-generator, the terms and conditions of the contract or


10-1  agreement are valid and enforceable on and after the effective date of this

10-2  act if such terms and conditions are approved by the public utilities

10-3  commission of Nevada before January 1, 2002.

10-4    Sec. 17.  This act becomes effective upon passage and approval.

 

 

10-5  TEXT OF REPEALED SECTIONS

 

 

10-6    704.080  Printing and posting of schedules. A copy, or so much of

10-7   the schedule as the commission shall deem necessary for the use of the

10-8   public, shall be printed in plain type and posted in every station or office

10-9   of such public utility where payments are made by the consumers or users,

10-10   open to the public, in such form and place as to be readily accessible to the

10-11   public and conveniently inspected.

10-12  704.090  Schedule of joint rates: Filing; printing; posting. When a

10-13   schedule of joint rates or charges is or may be in force between two or

10-14   more public utilities, such schedule shall, in like manner, be printed and

10-15   filed with the commission, and so much thereof as the commission may

10-16   deem necessary for the use of the public shall be posted conspicuously in

10-17   every station or office as provided in NRS 704.080.

 

10-18  H