Adoption of this amendment will MAINTAIN a 2/3s majority vote requirement for final passage of AB32 (§§ 8, 9, 15).
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 section 1 as sec. 9 and adding new sections designated sections 1 through 8, following the enacting clause, to read as follows:
“Section 1. NRS 703.010 is hereby amended to read as follows:
703.010 As used in this chapter, unless the context otherwise requires:
1. “Affected governmental entity” means a governmental entity for which a tax, fee or assessment is collected pursuant to section 8, 9 or 15 of this act.
2. “Alternative seller” means a person who sells any competitive, discretionary or potentially competitive component of natural gas service pursuant to NRS 704.993 to 704.999, inclusive.
[2.] 3. “Commission” means the Public Utilities Commission of Nevada.
4. “Eligible customer” has the meaning ascribed to it in NRS 704B.080.
Sec. 2. NRS 703.190 is hereby amended to read as follows:
703.190 1. Except as otherwise provided in this section, all biennial reports, records, proceedings, papers and files of the Commission must be open at all reasonable times to the public.
2. The Commission shall, upon receipt of a request from a public utility, alternative seller, provider of discretionary natural gas service or eligible customer, prohibit the disclosure of any applicable information in [its] the possession of the Commission or an affected governmental entity concerning the public utility , alternative seller, provider of discretionary natural gas service or eligible customer, if the Commission determines that the information would otherwise be entitled to protection as a trade secret or confidential commercial information pursuant to NRS 49.325 or 600A.070 or Rule 26(c)(7) of the Nevada Rules of Civil Procedure. Upon making such a determination, the Commission shall establish the period during which the information must not be disclosed and a procedure for protecting the information during and after that period.
Sec. 3. NRS 703.191 is hereby amended to read as follows:
703.191 1. Each public utility that is regulated by the Commission or elects to be regulated under an alternative plan of regulation pursuant to NRS 704.997, and each alternative seller, provider of discretionary natural gas service and eligible customer shall:
(a) Keep uniform and detailed accounts of all applicable business transacted in this state [in the manner] as required by the Commission by regulation, and render them to the Commission or an affected governmental entity upon its request.
(b) Furnish an annual report to the Commission and each affected governmental entity in the form and detail which [it] the Commission prescribes by regulation.
2. The reports required by this section must be prepared for each calendar year and submitted not later than May 15 of the year following the year for which the report is submitted.
3. If the Commission or an affected governmental entity finds that necessary information is not contained in a report submitted pursuant to this section, [it] the Commission or affected governmental entity may call for the omitted information at any time.
Sec. 4. NRS 703.195 is hereby amended to read as follows:
703.195 1. Except as otherwise provided in subsection 2, any Commissioner , [or] any officer or employee of the Commission who is designated by the Commission, or any officer or employee of an affected governmental entity who is designated by the affected governmental entity may examine during regular business hours the books, accounts, records, minutes, papers and property of any public utility , alternative seller, provider of discretionary natural gas service or eligible customer who does business in this state, regardless of whether [or not] the book, account, record, minutes, paper or property is located within this state.
2. No personnel records of an employee may be examined pursuant to subsection 1 unless the records contain information relating to a matter of public safety or the Commission determines that the examination is required to protect the interests of the public.
3. As used in this section, “personnel records” does not include:
(a) The name of the employee who is the subject of the record;
(b) The gross compensation and perquisites of the employee;
(c) Any record of the business expenses of the employee;
(d) The title or any description of the position held by the employee;
(e) The qualifications required for the position held by the employee;
(f) The business address of the employee;
(g) The telephone number of the employee at his place of business;
(h) The work schedule of the employee;
(i) The date on which the employee began his employment; and
(j) If applicable, the date on which the employment of the employee was terminated.
Sec. 5. NRS 703.196 is hereby amended to read as follows:
703.196 1. Any books, accounts, records, minutes, papers and property of any public utility , alternative seller, provider of discretionary natural gas service or eligible customer that are subject to examination pursuant to NRS 703.190 or 703.195 and are made available to the Commission, any officer or employee of the Commission, an affected governmental entity, any officer or employee of an affected governmental entity, the Bureau of Consumer Protection in the Office of the Attorney General or any other person under the condition that the disclosure of such information to the public be withheld or otherwise limited, must not be disclosed to the public unless the Commission first determines that the disclosure is justified.
2. The Commission shall take such actions as are necessary to protect the confidentiality of such information, including, without limitation:
(a) Granting such protective orders as it deems necessary; and
(b) Holding closed hearings to receive or examine such information.
3. If the Commission closes a hearing to receive or examine such information, it shall:
(a) Restrict access to the records and transcripts of such hearings without the prior approval of the Commission or an order of a court of competent jurisdiction authorizing access to the records or transcripts; and
(b) Prohibit any participant at such a hearing from disclosing such information without the prior authorization of the Commission.
4. A representative of the regulatory operations staff of the Commission and the Bureau of Consumer Protection:
(a) May attend any closed hearing held pursuant to this section; and
(b) Have access to any records or other information determined to be confidential pursuant to this section.
5. The Commission shall consider in an open meeting whether the information reviewed or examined in a closed hearing may be disclosed without revealing the confidential subject matter of the information. To the extent the Commission determines the information may be disclosed, the information must become a part of the records available to the public. Information which the Commission determines may not be disclosed must be kept under seal.
Sec. 6. NRS 703.380 is hereby amended to read as follows:
703.380 1. Unless another penalty is specifically provided, any public utility , alternative seller, provider of discretionary natural gas service or eligible customer, or any officer, agent or employee of a public utility , alternative seller, provider of discretionary natural gas service or eligible customer who:
(a) Violates any [of the provisions] applicable provision of this chapter or [chapters] chapter 704, 704B, 705 [and] or 708 of NRS;
(b) Violates any rule or regulation of the Commission; or
(c) Fails, neglects or refuses to obey any order of the Commission or any order of a court requiring compliance with an order of the Commission,
FLUSH FLUSH
is liable for a civil penalty not to exceed $1,000 per day for
each day of the violation and not to exceed $100,000 for any related series of
violations.
2. The amount of any civil penalty to be imposed pursuant to this section, and the propriety of any compromise of a penalty, must be determined by a court of competent jurisdiction upon the complaint of the Commission.
3. Subject to the approval of the court, any civil penalty may be compromised by the Commission. In determining the amount of the penalty, or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation and the good faith of the person charged in attempting to achieve compliance, after notification of a violation, must be considered.
4. Any penalty assessed pursuant to this section is not a cost of service [by the] of a public utility and may not be included in any new application by a public utility for a rate adjustment or rate increase.
Sec. 7. Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 8 and 9 of this act.
Sec. 8. 1. Each provider of discretionary natural gas service shall:
(a) Collect from each customer who is purchasing natural gas from the provider of discretionary natural gas service any tax, fee or assessment that would be due a governmental entity had the customer continued to purchase natural gas from a public utility that was regulated fully by the Commission pursuant to NRS 704.001 to 704.960, inclusive; and
(b) Remit any tax, fee or assessment collected pursuant to paragraph (a) to the applicable governmental entity.
2. Each person who is responsible for billing a customer who is purchasing natural gas from a provider of discretionary natural gas service shall ensure that the amount which the customer must pay pursuant to this section is set forth as a separate item or entry on each bill submitted to the customer.
3. Upon petition by a governmental entity to which a tax, fee or assessment must be remitted pursuant to this section, the Commission may limit, suspend or revoke any license or other authority conferred by the Commission upon a provider of discretionary natural gas service if the Commission, after providing an appropriate notice and hearing, determines that the provider of discretionary natural gas service has failed to pay the tax, fee or assessment.”.
Amend section 1, page 1, by deleting lines 1 and 2.
Amend section 1, page 1, line 3, before “1.” by inserting “Sec. 9.”.
Amend section 1, page 1, lines 4 and 5, by deleting “shall collect” and inserting:
“shall:
(a) Collect”.
Amend section 1, page 1, line 10, by deleting “inclusive.” and inserting:
“inclusive; and
(b) Remit any tax, fee or assessment collected pursuant to paragraph (a) to the applicable governmental entity.”.
Amend section 1, page 2, line 1, by deleting “shall collect” and inserting:
“shall:
(a) Collect”.
Amend section 1, page 2, line 6, by deleting “inclusive.” and inserting:
“inclusive; and
(b) Remit any tax, fee or assessment collected pursuant to paragraph (a) to the applicable governmental entity.”.
Amend section 1, page 2, between lines 12 and 13, by inserting:
“4. Upon petition by a governmental entity to which a tax, fee or assessment must be remitted pursuant to this section, the Commission may limit, suspend or revoke any license or other authority conferred by the Commission upon a public utility or alternative seller if the Commission, after providing an appropriate notice and hearing, determines that the public utility or alternative seller has failed to pay the tax, fee or assessment.”.
Amend the bill as a whole by renumbering sections 2 through 6 as sections 13 through 17 and adding new sections designated sections 10 through 12, following section 1, to read as follows:
“Sec. 10. NRS 704.635 is hereby amended to read as follows:
704.635 When a complaint has been filed with the Commission alleging that a person is providing a service which requires a certificate of public convenience and necessity, or when the Commission has reason to believe that any provision of NRS 704.005 to 704.751, inclusive, and section 8 of this act is being violated, the Commission shall investigate the operation and may, after a hearing, issue an order requiring that the person cease and desist from any operation in violation of NRS 704.005 to 704.751, inclusive[.] , and section 8 of this act. The Commission shall enforce the order under the powers vested in the Commission by NRS 704.005 to 704.751, inclusive, and section 8 of this act or other law.
Sec. 11. NRS 704.640 is hereby amended to read as follows:
704.640 Except as otherwise provided in NRS 704.281 to 704.284, inclusive, any person who:
1. Operates any public utility to which NRS 704.005 to 704.751, inclusive, and section 8 of this act and 704.993 to 704.999, inclusive, and section 9 of this act apply without first obtaining a certificate of public convenience and necessity or in violation of its terms;
2. Fails to make any return or report required by NRS 704.005 to 704.751, inclusive, and section 8 of this act and 704.993 to 704.999, inclusive, and section 9 of this act or by the Commission pursuant to NRS 704.005 to 704.751, inclusive, and section 8 of this act and 704.993 to 704.999, inclusive [;] , and section 9 of this act;
3. Violates, or procures, aids or abets the violating of any provision of NRS 704.005 to 704.751, inclusive, and section 8 of this act and 704.993 to 704.999, inclusive [;] , and section 9 of this act;
4. Fails to obey any order, decision or regulation of the Commission;
5. Procures, aids or abets any person in his failure to obey the order, decision or regulation; or
6. Advertises, solicits, proffers bids or otherwise holds himself out to perform as a public utility in violation of any of the provisions of NRS 704.005 to 704.751, inclusive, and section 8 of this act and 704.993 to 704.999, inclusive, and section 9 of this act,
FLUSH
shall be fined not more than $500.
Sec. 12. NRS 704.660 is hereby amended to read as follows:
704.660 1. Any public utility which furnishes, for compensation, any water for domestic purposes shall furnish each city, town, village or hamlet which it serves with a reasonably adequate supply of water at reasonable pressure for fire protection and at reasonable rates, all to be fixed and determined by the Commission.
2. The duty to furnish a reasonably adequate supply of water provided for in subsection 1 includes the laying of mains with all necessary connections for the proper delivery of the water for fire protection and also the installing of appliances to assure a reasonably sufficient pressure for fire protection.
3. The Commission may fix and determine reasonable rates and prescribe all installations and appliances adequate for the proper utilization and delivery of water for fire protection. The Commission may adopt regulations and practices to be followed by a utility in furnishing water for fire protection, and has complete jurisdiction of all questions arising under the provisions of this section.
4. All proceedings under this section must be conducted pursuant to NRS 703.320 to 703.370, inclusive, and 704.005 to 704.645, inclusive[.] , and section 8 of this act. All violations of any order made by the Commission under the provisions of this section are subject to the penalties for similar violations of the provisions of NRS 704.005 to 704.645, inclusive[.] , and section 8 of this act.
5. This section applies to and governs all public utilities furnishing water for domestic use on March 26, 1913, unless otherwise expressly provided in the charters, franchises or permits under which those utilities are acting. Each public utility which supplies water for domestic uses after March 26, 1913, is subject to the provisions of this section, regardless of any conditions to the contrary in any charter, franchise or permit of whatever character granted by any county, city, town, village or hamlet within this state, or of any charter, franchise or permit granted by any authority outside this state.”.
Amend sec. 2, page 2, line 15, by deleting “1” and inserting “9”.
Amend sec. 3, page 2, line 44, by deleting “1” and inserting “9”.
Amend sec. 4, page 3, lines 14 and 15, by deleting:
“to pay:
(a) Its” and inserting:
“to:
(a) Pay its”.
Amend sec. 4, page 3, line 17, by deleting “and”.
Amend sec. 4, page 3, line 18, by deleting “Any” and inserting “Pay any”.
Amend sec. 4, page 3, line 21, by deleting “utility.” and inserting:
“utility; and
(c) Remit any tax, fee or assessment collected pursuant to paragraph (b) to the applicable governmental entity.”.
Amend sec. 4, page 3, line 24, by deleting “this section” and inserting:
“paragraph (b) of subsection 1”.
Amend sec. 4, page 3, between lines 26 and 27, by inserting:
“3. Upon petition by a governmental entity to which a tax, fee or assessment must be remitted pursuant to this section, the Commission may limit, suspend or revoke any order issued to an eligible customer by the Commission pursuant to NRS 704B.310 and 704B.320 if the Commission, after providing an appropriate notice and hearing, determines that the eligible customer has failed to pay the tax, fee or assessment.”.
Amend sec. 5, page 5, line 20, by deleting “4” and inserting “15”.
Amend the title of the bill to read as follows:
“AN ACT relating to energy; prohibiting the disclosure of certain information concerning alternative sellers, providers of discretionary natural gas service and eligible customers; requiring certain public utilities, alternative sellers, providers of discretionary natural gas service and eligible customers to keep uniform and detailed accounts of all applicable business transacted in this state and to furnish an annual report to the Commission and affected governmental entities; imposing a civil penalty against an alternative seller, provider of discretionary natural gas service or eligible customer who violates certain provisions; requiring an eligible customer and a customer of a public utility, alternative seller and provider of discretionary natural gas service to pay certain taxes, fees and assessments relating to the purchase of natural gas or energy, capacity or ancillary services under certain circumstances; providing a penalty; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows: