Assembly Bill No. 145–Committee on
Commerce and Labor

 

(On Behalf of the Public Utilities Commission)

 

February 14, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Revises procedure for distribution of assessments collected on behalf of Consumer’s Advocate of Bureau of Consumer Protection in Office of Attorney General. (BDR 58‑486)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to utilities; revising the procedure for the distribution of assessments collected on behalf of the Consumer’s Advocate of the Bureau of Consumer Protection in the Office of the Attorney General; 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 704.035 is hereby amended to read as follows:

1-2  704.035  1.  On or before June 1 of each year, the Commission

1-3  shall mail revenue report forms to all public utilities, providers of

1-4  discretionary natural gas service and alternative sellers under its

1-5  jurisdiction, to the address of those utilities, providers of

1-6  discretionary natural gas service and alternative sellers on file with

1-7  the Commission. The revenue report form serves as notice of the

1-8  Commission’s intent to assess such entities, but failure to notify any

1-9  such entity does not invalidate the assessment with respect thereto.

1-10      2.  Each public utility, provider of discretionary natural gas

1-11  service and alternative seller subject to the provisions of NRS

1-12  704.033 shall complete the revenue report referred to in subsection

2-1  1, compute the assessment and return the completed revenue report

2-2  to the Commission accompanied by payment of the assessment and

2-3  any penalty due, pursuant to the provisions of subsection 5.

2-4  3.  The assessment is due on July 1 of each year, but may, at the

2-5  option of the public utility, provider of discretionary natural gas

2-6  service and alternative seller, be paid quarterly on July 1, October 1,

2-7  January 1 and April 1.

2-8  4.  The assessment computed by the public utility, provider of

2-9  discretionary natural gas service or alternative seller is subject to

2-10  review and audit by the Commission, and the amount of the

2-11  assessment may be adjusted by the Commission as a result of the

2-12  audit and review.

2-13      5.  Any public utility, provider of discretionary natural gas

2-14  service or alternative seller failing to pay the assessment provided

2-15  for in NRS 704.033 on or before August 1, or if paying quarterly, on

2-16  or before August 1, October 1, January 1 or April 1, shall pay, in

2-17  addition to such assessment, a penalty of 1 percent of the total

2-18  unpaid balance for each month or portion thereof that the

2-19  assessment is delinquent, or $10, whichever is greater, but no

2-20  penalty may exceed $1,000 for each delinquent payment.

2-21      6.  When a public utility, provider of discretionary natural gas

2-22  service or alternative seller sells, transfers or conveys substantially

2-23  all of its assets or, if applicable, its certificate of public convenience

2-24  and necessity, the Commission shall determine, levy and collect the

2-25  accrued assessment for the current year not later than 30 days after

2-26  the sale, transfer or conveyance, unless the transferee has assumed

2-27  liability for the assessment. For purposes of this subsection, the

2-28  jurisdiction of the Commission over the selling, transferring or

2-29  conveying public utility, provider of discretionary natural gas

2-30  service or alternative seller continues until it has paid the

2-31  assessment.

2-32      7.  The Commission may bring an appropriate action in its own

2-33  name for the collection of any assessment and penalty which is not

2-34  paid as provided in this section.

2-35      8.  The Commission shall, [on a quarterly basis,] upon

2-36  collection, transfer to the Account for the Consumer’s Advocate that

2-37  portion of the assessments collected which belongs to the

2-38  Consumer’s Advocate.

2-39      Sec. 2.  This act becomes effective on July 1, 2003.

 

2-40  H