reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.310 - Sale of surplus light, heat or power by person not public utility: Application; approval of contract by Commission.

1. Whenever any person, company, corporation or association which is not engaged in business as a public utility as defined by this chapter, and which does not furnish, sell, produce or deliver to others light, heat or power, under a franchise received from this State or from any county or municipality within this State, is able, from any surplus beyond the needs or requirements of its own business, and desires to sell, produce, furnish and deliver to any other person, company, association or corporation any light, heat or power, the person, company, association or corporation shall apply to the Commission for authority to sell, produce, furnish or deliver any such surplus light, heat or power, and shall submit to the Commission the proposed contract by which such light, heat or power is to be sold, furnished, produced or delivered.
2. The Commission shall thereupon ascertain whether it is advisable in the public interest that the contract be executed and, if the Commission approves the contract, then the person, company, corporation or association has the right to furnish, sell, produce and deliver such light, heat or power in accordance with the terms of the contract, and does not thereby become a public utility within the meaning of this chapter, nor is it subject to the jurisdiction of the Commission.
[37:109:1919; 1919 RL p. 3166; NCL § 6138]—(NRS A 1997, 1911)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.320 - Purchase of surplus water or electric current by public utility for resale; application filed with Commission; approval of application; seller not deemed public utility.

1. Every person, company, corporation or association which is engaged in business in this state as a public utility shall have, and is hereby given, the right to purchase water or electric current for its use as such public utility from any other person or corporation having for sale a surplus of such water or electric current.
2. Any public utility desiring to purchase such water or electric current for resale or for purposes other than its own use shall file an application with the Commission, setting forth:
(a) The terms and conditions of the proposed purchase of such electric current or water.
(b) The person or corporation from whom such purchase is proposed to be made.
(c) The duration of the contract to purchase.
(d) Such other information relative thereto and in the possession of the applicant as the Commission shall prescribe.
3. If the Commission shall find it desirable in the public interest that the purchase be made, it shall approve the application, and upon approval the public utility may make and execute the contract of purchase.
4. The person or corporation selling such water or electric current to the public utility under the contract approved by the Commission shall not thereby become, or be deemed to be, a public utility within the meaning of any statute of this state, nor shall it by virtue of such contract be deemed to be within or subject to the jurisdiction of the Commission in any respect whatsoever, nor shall it thereby be deemed to be in any sense a public service corporation, or engaged in a public service.
5. The terms and provisions of this section shall be taken and considered to be a part of any such contract, and the faith of the State of Nevada is hereby pledged against any alteration, amendment or repeal of this section during the existence of any such contract, or any extension thereof, approved by the Commission.
[1:103:1921; NCL § 6147] + [2:103:1921; NCL § 6148] + [3:103:1921; NCL § 6149]
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.322 - "Security" defined.

As used in NRS 704.322 to 704.328, inclusive, "security" means any note, stock, treasury stock, bond, debenture or other evidence of interest in or indebtedness of a person, firm or corporation.
(Added to NRS by 1957, 444)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.323 - Issuance of security or assumption of obligation by privately owned public utility subject to authorization by Commission; exceptions.

1. No privately owned public utility organized under the laws of and operating in the State of Nevada shall issue any security, or assume any obligation as guarantor, endorser, surety or otherwise, in respect of any security of any other person, firm or corporation, unless and until, and only to the extent, authorized by a written order of the Commission.
2. The provisions of subsection 1 shall not apply to the issue or renewal of, or assumption of liability on, a note or draft maturing not more than 1 year after the date of such issue, renewal or assumption of liability, but in the case of privately owned electric or combination electric utilities subject to the jurisdiction of the Commission the provisions of subsection 1 shall apply to all security issues, or renewals or assumption of obligations as guarantor, endorser, surety or otherwise, having a maturity of 1 year or less where the combined sum of such security issues, renewals or assumptions exceeds $1,000,000 or 5 percent of the par value of the other securities of the public utility then outstanding. In case of securities having no par value the par value for purposes of this subsection shall be the fair market value as of the date of issue of the privately owned or combination electric utilities, whichever sum is greater.
(Added to NRS by 1957, 444; A 1965, 1011)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.324 - Order authorizing issuance of security or assumption of obligation; variable-rate securities; supplemental order; findings; conditions.

1. Upon receipt of an application for an order authorizing the issuance of any security or the assumption of any obligation in respect to any security of another, the Commission may grant the application in whole or in part and with such modifications and upon such terms and conditions as it may find necessary or appropriate.
2. The Commission may authorize the issuance of a variable-rate security and it may authorize the public utility to use a method for accounting and rate making for an existing or new variable-rate security which ensures that the recovery of the utility’s expenses for issuing or maintaining that security from the rates charged to its customers will equal the interest or dividends actually paid on the security.
3. The Commission shall not require a public utility to issue or maintain a variable-rate security if the recovery of the utility’s expenses for issuing or maintaining that security from the rates charged to its customers does not equal the interest or dividends actually paid on the security.
4. The Commission may from time to time make such supplemental orders in the premises as it may find necessary or appropriate. The supplemental order may modify the provisions of any previous order as to the particular purposes, uses and extent to which, or the conditions under which, any security theretofore authorized or the proceeds thereof may be applied.
5. The Commission shall not make any order or supplemental order granting any application hereunder unless it finds that the issue or assumption:
(a) Is for some lawful object, within the corporate purposes of the applicant and compatible with the public interest, which is necessary or appropriate for or consistent with the proper performance by the applicant of service as a public utility and which will not impair its ability to perform that service; and
(b) Is reasonably necessary or appropriate for those purposes.
6. The Commission shall not authorize the capitalization of the right to be a corporation or any franchise, permit or contract for consolidation, merger or lease in excess of the amount, exclusive of any tax or annual charge, actually paid as the consideration for the right, franchise, permit or contract.
(Added to NRS by 1957, 444; A 1989, 1113)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.325 - Limitations on application of security or proceeds.

No public utility shall, without the consent of the Commission, apply any security or any proceeds thereof to any purpose not specified in the Commission’s order, or supplemental order, or to any purpose in excess of the amount allowed for such purpose in such order, or otherwise in contravention of such order.
(Added to NRS by 1957, 445)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.326 - Guarantee or obligation of State not implied.

Nothing in NRS 704.322 to 704.325, inclusive, shall be construed to imply any guarantee or obligation on the part of the State of Nevada in respect of any securities to which the provisions of such sections relate.
(Added to NRS by 1957, 445)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.327 - Payment of necessary expenses of Commission by public utility.

All necessary expenses incurred by the Commission in the administration of NRS 704.322 to 704.326, inclusive, shall be charged against and collected from the public utility by the Commission.
(Added to NRS by 1957, 445; A 1973, 1834)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.328 - Inapplicability of NRS 704.322 to 704.326, inclusive, to certain public utilities.

The provisions of NRS 704.322 to 704.326, inclusive, do not apply to:
1. A public utility engaged in:
(a) Interstate commerce if 25 percent or more of the operating revenues of such public utility are derived from interstate commerce.
(b) The business of furnishing, for compensation, water or services for the disposal of sewage, or both, to persons within this State if the utility:
(1) Serves 15 persons or less; and
(2) Operates in a county whose population is 700,000 or more.
2. A competitive supplier.
(Added to NRS by 1957, 445; A 1963, 814; 1965, 1011; 2003, 369; 2007, 702; 2011, 1308)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.3296 - "Electric utility" defined.

As used in NRS 704.3296 to 704.410, inclusive, unless the context otherwise requires, "electric utility" has the meaning ascribed to it in NRS 704.7571.
(Added to NRS by 2001, 343; A 2007, 38, 494)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.340 - Municipalities and certain trusts for furtherance of public functions not required to obtain certificates; approval and jurisdiction of Commission.

1. Subject to the provisions of subsection 3, a municipality constructing, leasing, operating or maintaining any public utility, or a trust created for the benefit and furtherance of any public function pursuant to the provisions of general or special law, is not required to obtain a certificate of public convenience, but any trust so created which undertakes the operation of a public utility shall first submit a certified copy of the trust documents or prepared trust documents to the Commission together with a detailed explanation of the purposes, scope, area to be affected and such other pertinent information necessary to assist the Commission in making a determination as to whether the service presently being offered by any existing public utility would be unreasonably impaired by the approval of such trust documents.
2. The Commission shall, after investigation and hearing on any contemplated trust coming within the provisions of subsection 1, submit a report of its findings and reasons therefor to the State and each political subdivision within which such trust contemplates operation. Such trust does not become effective unless and until written approval has been given by the Commission.
3. If a municipality assumes operation and control of a package plant for sewage treatment pursuant to the provisions of NRS 445A.555 or subsection 2 or 3 of NRS 268.4105, the plant is exempt from the jurisdiction of the Commission only for the period of time the municipality continues the maintenance and operation of the plant. The certificate of public convenience as it applies to that plant is suspended for that period of time.
[Part 36 1/2:109:1919; A 1925, 243; 1947, 743; 1955, 407]—(NRS A 1971, 1036; 1975, 1409; 1979, 1921; 1997, 1911)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.350 - Prerequisites to issuance of certificate.

Every applicant for a certificate of public convenience shall furnish such evidence of its corporate character and of its franchise or permits as may be required by the Commission.
[Part 36 1/2:109:1919; A 1925, 243; 1947, 743; 1955, 407]
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.355 - Considerations for issuance of certificate to certain utilities providing water service or sewage service.

In determining whether to issue a certificate of public convenience and necessity to a new public utility that authorizes the construction, ownership, control or operation of any line, plant or system for the purpose of furnishing water for municipal, industrial or domestic purposes or services for the disposal of sewage, or both, the Commission shall consider whether another public utility or person is ready, willing and able to provide the services in the geographic area proposed by the applicant for the certificate.
(Added to NRS by 2007, 488)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.360 - Conduct of investigations and hearings.

All hearings and investigations under NRS 704.3296 to 704.410, inclusive, shall be conducted substantially as is provided for hearings and investigations of tolls, charges and service.
[Part 36 1/2:109:1919; A 1925, 243; 1947, 743; 1955, 407]—(NRS A 2007, 38)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.370 - Issuance or refusal of certificate: Terms and conditions; hearing required for certain applications; power of Commission to dispense with hearing for certain applications.

1. The Commission shall have the power, after hearing, to issue or refuse such certificate of public convenience, or to issue it for the construction of a portion only of the contemplated line, plant or systems, or extension thereof, and may attach thereto such terms and conditions as, in its judgment, the public convenience and necessity may require.
2. Except as otherwise provide in subsection 3, the Commission, in its discretion and after investigation, may dispense with the hearing on the application if, upon the expiration of the time fixed in the notice thereof, no protest against the granting of the application has been filed by or on behalf of any interested person.
3. The Commission shall not dispense with the hearing on the application of an electric utility.
[Part 36 1/2:109:1919; A 1925, 243; 1947, 743; 1955, 407]—(NRS A 1963, 814; 2001, 350)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.380 - Public utility beginning, prosecuting or completing new construction without certificate: Levy of tolls and charges prohibited and void; exceptions.

1. Except as otherwise provided in subsection 2, any public utility beginning, prosecuting or completing any new construction in violation of this chapter is not permitted to levy any tolls or charges for services rendered, and all such tolls and charges are void.
2. The provisions of subsection 1 do not apply to a competitive supplier that is operating in accordance with the provisions of this chapter governing telecommunication providers.
[Part 36 1/2:109:1919; A 1925, 243; 1947, 743; 1955, 407]—(NRS A 2007, 704)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.390 - Discontinuance, modification or restriction of service: Authorization of Commission required; hearing required for certain applications; power of Commission to dispense with hearing for certain applications.

1. Except as otherwise provided in NRS 704.68861 to 704.68887, inclusive, it is unlawful for any public utility to discontinue, modify or restrict service to any city, town, municipality, community or territory theretofore serviced by it, except upon 30 days’ notice filed with the Commission, specifying in detail the character and nature of the discontinuance or restriction of the service intended, and upon order of the Commission, made after hearing, permitting such discontinuance, modification or restriction of service.
2. Except as otherwise provided in subsection 3, the Commission, in its discretion and after investigation, may dispense with the hearing on the application for discontinuance, modification or restriction of service if, upon the expiration of the time fixed in the notice thereof, no protest against the granting of the application has been filed by or on behalf of any interested person.
3. The Commission shall not dispense with the hearing on the application of an electric utility.
[Part 36 1/2:109:1919; A 1925, 243; 1947, 743; 1955, 407]—(NRS A 1963, 815; 1969, 1159; 2001, 350; 2007, 704; 2021, 1748)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.400 - Order of Commission prima facie lawful from date of order.

Every order refusing or granting any certificates of public convenience, or granting or refusing permission to discontinue, modify or restrict service, as provided in NRS 704.3296 to 704.410, inclusive, is prima facie lawful from the date of the order until changed or modified by the order of the Commission or pursuant to NRS 703.373 to 703.376, inclusive.
[Part 36 1/2:109:1919; A 1925, 243; 1947, 743; 1955, 407]—(NRS A 1983, 968; 2007, 38)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.410 - Transfer of certificate: Authorization of Commission required; hearing required for certain transfers; power of Commission to dispense with hearing for certain transfers; factors considered; effectiveness of certificate after transfer.

1. Any public utility subject to the provisions of NRS 704.001 to 704.7595, inclusive, to which a certificate of public convenience and necessity has been issued pursuant to NRS 704.001 to 704.7595, inclusive, may transfer the certificate to any person qualified under NRS 704.001 to 704.7595, inclusive. Such a transfer is void and unenforceable and is not valid for any purpose unless:
(a) A joint application to make the transfer has been made to the Commission by the transferor and the transferee or the transfer is incident to a transaction that is subject to an application under NRS 704.329 approved by the Commission; and
(b) The Commission has authorized the substitution of the transferee for the transferor. If the transferor is an electric utility, the Commission shall not authorize the transfer unless the transfer complies with the provisions of NRS 704.7561 to 704.7595, inclusive.
2. The Commission:
(a) Shall conduct a hearing on a transfer involving an electric utility. The hearing must be noticed and conducted in the same manner as other contested hearings before the Commission.
(b) May direct that a hearing be conducted on a transfer involving any other public utility. If the Commission determines that such a hearing should be held, the hearing must be noticed and conducted in the same manner as other contested hearings before the Commission. The Commission may dispense with such a hearing if, upon the expiration of the time fixed in the notice thereof, no protest to the proposed transfer has been filed by or on behalf of any interested person.
3. In determining whether the transfer of a certificate of public convenience and necessity to an applicant transferee should be authorized, the Commission must take into consideration:
(a) The utility service performed by the transferor and the proposed utility service of the transferee;
(b) Other authorized utility services in the territory for which the transfer is sought;
(c) Whether the transferee is fit, willing and able to perform the services of a public utility and whether the proposed operation will be consistent with the legislative policies set forth in NRS 704.001 to 704.7595, inclusive; and
(d) Whether the transfer will be in the public interest.
4. The Commission may make such amendments, restrictions or modifications in a certificate upon transferring it as the public interest requires.
5. No transfer is valid beyond the life of the certificate transferred.
[Part 36 1/2:109:1919; A 1925, 243; 1947, 743; 1955, 407]—(NRS A 1963, 815; 1969, 1159; 1971, 1118; 1985, 316; 1989, 727; 1997, 3042; 2001, 350; 2007, 704)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.440 - Investigation and ascertainment of value of property of public utility; exceptions.

1. Except as otherwise provided in subsection 2, the Commission may, in its discretion, investigate and ascertain the value of all property of every public utility actually used and useful for the convenience of the public. In making such an investigation, the Commission may avail itself of all information contained in the assessment rolls of the various counties and the public records and files of all state departments, offices and commissions, and any other information obtainable.
2. The provisions of subsection 1 do not apply to a competitive supplier.
[8:109:1919; 1919 RL p. 3157; NCL § 6107]—(NRS A 2007, 705)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.595 - Civil penalty for violation of regulations adopted in conformity with Natural Gas Pipeline Safety Act of 1968; compromise and recovery of penalty.

1. Any person who violates any provision of any regulation adopted by the Commission in conformity with the Natural Gas Pipeline Safety Act of 1968, as amended, 49 U.S.C. §§ 60101 et seq., or with a federal regulation adopted pursuant thereto, is subject to a civil penalty not to exceed $200,000 for each violation for each day that the violation persists, but the maximum civil penalty must not exceed $2,000,000 for any related series of violations. Unless compromised, the amount of any such civil penalty must be determined by a court of competent jurisdiction.
2. 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.
3. The amount of the penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sum owing by the State to the person charged or may be recovered in a civil action in any court of competent jurisdiction.
(Added to NRS by 1969, 1000; A 1993, 297; 2005, 304; 2015, 322)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.600 - Administrative fines for failure or refusal to make reports or allow examination.

Any officer, agent or employee of any public utility who:
1. Willfully fails or refuses to fill out and return any blanks as required by this chapter;
2. Willfully fails or refuses to answer any questions therein propounded;
3. Knowingly or willfully gives a false answer to the questions;
4. Evades the answer to any question where the fact inquired of is within the knowledge of the officer, agent or employee; or
5. Upon proper demand, willfully fails or refuses to exhibit to the Commission or any Commissioners, or any person also authorized to examine the same, any book, paper or account of such public utility which is in the possession or under the control of the officer, agent or employee,
is subject to the administrative fine prescribed in NRS 703.380.
[31:109:1919; 1919 RL p. 3164; NCL § 6131]—(NRS A 1981, 1598; 2007, 38)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.630 - Additional civil remedies of Commission.

In addition to all the other remedies provided by this chapter for the prevention and punishment of any and all violations of the provisions thereof and of all orders of the Commission, the Commission may compel compliance with the provisions of this chapter and with the orders of the Commission by proceedings in mandamus, injunction or by other civil remedies.
[38:109:1919; 1919 RL p. 3166; NCL § 6139]
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.635 - Order by Commission to cease and desist.

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 704.754, inclusive, or 704.9901 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 704.754, inclusive, or 704.9901. The Commission shall enforce the order under the powers vested in the Commission by NRS 704.005 to 704.754, inclusive, or 704.9901 or other law.
(Added to NRS by 1969, 1161; A 1985, 317; 1989, 728; 2003, 3029; 2017, 2471)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.638 - Unlawful to post sign on device of public utility used to support line for telephone or electricity.

It is unlawful for any person to post any advertising sign, display or device, including a temporary political sign, on any pole, support or other device of a public utility which is used to support a telephone or electric transmission line.
(Added to NRS by 1979, 436; A 2013, 1948)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.640 - Criminal penalties.

Except as otherwise provided in NRS 704.6881 to 704.6884, inclusive, any person who:
1. Operates any public utility to which NRS 704.005 to 704.754, inclusive, 704.9901 and 704.993 to 704.999, inclusive, 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 704.754, inclusive, 704.9901 and 704.993 to 704.999, inclusive, or by the Commission pursuant to NRS 704.005 to 704.754, inclusive, 704.9901 and 704.993 to 704.999, inclusive;
3. Violates, or procures, aids or abets the violating of any provision of NRS 704.005 to 704.754, inclusive, 704.9901 and 704.993 to 704.999, inclusive;
4. Fails to obey any order, decision or regulation of the Commission;
5. Procures, aids or abets any person in the failure to obey the order, decision or regulation; or
6. Advertises, solicits, proffers bids or otherwise holds himself, herself or itself out to perform as a public utility in violation of any of the provisions of NRS 704.005 to 704.754, inclusive, 704.9901 and 704.993 to 704.999, inclusive,
shall be fined not more than $50,000.
[41:109:1919; 1919 RL p. 3167; NCL § 6142]—(NRS A 1967, 656; 1969, 999; 1979, 1493; 1985, 317; 1989, 728; 1997, 1497, 1912, 3043; 1999, 631, 632, 1319, 1320; 2003, 3029; 2017, 2471; 2021, 271)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.645 - Remedies of State cumulative; election of remedies.

The remedies of the State provided for in this chapter are cumulative, and no action taken by the Commission constitutes an election on the part of the State or any of its officers to pursue any remedy under this chapter to the exclusion of any other remedy for which provision is made in this chapter.
(Added to NRS by 1969, 1000)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.655 - Public utility required to pay interest on deposits made by customers; penalty.

1. Every public utility which furnishes the public with light and power, telephone service, gas or water, or any of them, shall pay to every customer from whom any deposit has been required interest on the deposit at the rate fixed for 6-month Treasury bills of the United States at the first auction:
(a) On or after December 1 of any year for the period from January 1 to June 30 of the succeeding year; or
(b) On or after June 1 of any year for the period from July 1 to December 31 of that year,
from the date of deposit until the date of settlement or withdrawal of deposit. Where the deposit remains for 1 year or more and the person making the deposit continues to be a customer, the interest on the deposit must be either paid in cash to the depositor or applied on current bills for the use of the service provided by the public utility, as the depositor may desire.
2. Any public utility which fails, refuses or neglects to pay the interest provided in subsection 1 in the manner required by subsection 1 is guilty of a misdemeanor.
(Added to NRS by 1971, 858; A 1981, 56, 840; 1983, 546; 1985, 2050)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.660 - Public utility supplying water required to provide reasonably adequate supply of water for fire protection at reasonable rates; regulations by Commission; proceedings; violations.

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, the installation of appliances to assure a reasonably sufficient pressure for fire protection and the maintenance of fire hydrants that are the property of the public utility and located either within a public right-of-way or upon private property to which the public utility is permitted reasonable access without cost.
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. 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.
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.
[1:255:1913; 1919 RL p. 3172; NCL § 6158] + [2:255:1913; 1919 RL p. 3172; NCL § 6159] + [3:255:1913; 1919 RL p. 3172; NCL § 6160] + [4:255:1913; 1919 RL p. 3173; NCL § 6161] + [5:255:1913; 1919 RL p. 3173; NCL § 6162]—(NRS A 1979, 248; 1989, 728; 2003, 3029; 2007, 494)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.662 - Plan of water conservation: Requirement and procedure for adoption and revision; approval by Commission; election to comply with plan adopted by Commission; joint filing with management plan for water resources.

1. Except as otherwise provided in subsection 5, each public utility which furnishes, for compensation, any water for municipal, industrial or domestic purposes shall adopt a plan of water conservation based on the climate and the living conditions in its service area in accordance with the provisions of NRS 704.6622. The provisions of the plan must only apply to the public utility’s property and its customers.
2. As part of the procedure of adopting a plan, the public utility shall provide an opportunity for any interested party, including, but not limited to, any private or public entity that supplies water for municipal, industrial or domestic purposes, to submit written views and recommendations on the plan.
3. Except as otherwise provided in subsection 6, the plan:
(a) Must be available for inspection by members of the public during office hours at the office of the public utility; and
(b) May be revised from time to time to reflect the changing needs and conditions of the service area. Each such revision must be filed with the Commission and made available for inspection by members of the public within 30 days after its adoption.
4. The plan must be approved by the Commission before it is put into effect.
5. In lieu of adopting a plan pursuant to subsection 1, a public utility which is subject to the provisions of NRS 704.095 may elect to comply with a plan of water conservation adopted by the Commission for this purpose.
6. If the public utility is required by order of the Commission to file a management plan for water resources, the public utility may adopt and file the plan of water conservation with the Commission at the same time it is required to file the management plan for water resources.
(Added to NRS by 1991, 522; A 2001, 1766)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.6622 - Plan of water conservation: Contents; approval by Commission.

1. A plan of water conservation submitted to the Commission for approval must include provisions relating to:
(a) Methods of public education to:
(1) Increase public awareness of the limited supply of water in this state and the need to conserve water.
(2) Encourage reduction in the size of lawns and encourage the use of plants that are adapted to arid and semiarid climates.
(b) Specific conservation measures required to meet the needs of the service area, including, but not limited to, any conservation measures required by law.
(c) The management of water to identify and reduce water loss in water supplies, inaccuracies in water meters and high pressure in water supplies, which must include, without limitation:
(1) Goals for acceptable levels of water loss in water supplies. Such goals may use the following performance indicators and analyses, without limitation:
(I) Infrastructure water loss index;
(II) Water audit data validity score;
(III) Operational basic apparent losses;
(IV) Operational basic real losses; and
(V) Economic level of water loss.
(2) A plan which analyzes how the public utility will progress towards the goals established for the acceptable levels of water loss.
(d) The management of water to, where applicable, increase the reuse of effluent.
(e) A contingency plan for drought conditions that ensures a supply of potable water.
(f) A schedule for carrying out the plan.
(g) A plan for how the public utility will progress towards the installation of meters on all connections, if applicable.
(h) Standards for water efficiency for new development.
(i) Tiered rate structures for the pricing of water to promote the conservation of water, including, without limitation, an estimate of the manner in which the tiered rate structure will impact the consumptive use of water.
(j) Watering restrictions based on the time of day and the day of the week.
(k) Measures to evaluate the effectiveness of the plan.
2. A plan submitted for approval must be accompanied by an analysis of the feasibility of charging variable rates for the use of water to encourage the conservation of water.
3. The Commission shall review any plan submitted to it and approve the plan if it is based on the climate and living conditions of the service area and complies with the requirements of this section.
(Added to NRS by 1991, 523; A 2019, 2105)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.6623 - Plan of water conversion: Submission of water loss audit or certain calculations regarding water service; comparison with previous audit or calculations and analysis of progress towards goals; exception.

1. Except as otherwise provided in subsection 4, each public utility that is required to adopt or update a plan of water conservation in accordance with the provisions of NRS 704.662 and:
(a) Serves 3,300 persons or more must conduct a water loss audit in accordance with the methodology and software of the American Water Works Association for water loss auditing. The results of the water loss audit must be submitted by the public utility to the Commission with the plan of water conservation or update to the plan of water conservation, as applicable.
(b) Serves less than 3,300 persons must calculate the amount of water delivered by the supplier of water and the amount of water that was billed to customers of the supplier of water for each year. The calculations must be submitted by the public utility to the Commission with the plan for water conservation or update to the plan of water conservation, as applicable.
2. If the public utility has previously submitted the results of a water loss audit to the Commission pursuant to paragraph (a) of subsection 1, and is submitting an update to the plan of water conservation, the public utility must also submit to the Commission:
(a) A comparison between the results of the new water loss audit and the previous water loss audit; and
(b) An analysis of any progress made by the public utility towards the goals for acceptable water loss established in the plan for water conservation pursuant to paragraph (c) of subsection 1 of NRS 704.6622.
3. If the public utility has previously submitted the results of the calculations conducted pursuant to paragraph (b) of subsection 1 to the Commission, and is submitting an update to the plan of water conservation, the supplier must also submit to the Commission:
(a) A comparison between the results of the new calculations and the previous calculations; and
(b) An analysis of any progress made by the public utility towards the goals for acceptable water loss established in the plan for water conservation pursuant to paragraph (c) of subsection 1 of NRS 704.6622.
4. The provisions of this section do not apply to a transient water system as defined in NRS 445A.848.
(Added to NRS by 2019, 2104)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.6624 - Plan to provide incentives for water conservation: Procedure for adoption; revision; review and approval by Commission.

1. Each public utility which furnishes, for compensation, any water for municipal, industrial or domestic purposes shall adopt a plan to provide incentives:
(a) To encourage water conservation in its service area;
(b) To retrofit existing structures with plumbing fixtures designed to conserve the use of water; and
(c) For the installation of landscaping that uses a minimal amount of water.
2. As part of the procedure of adopting a plan, the public utility shall provide an opportunity for any interested person to submit written views and recommendations on the plan.
3. The plan:
(a) Must be available for inspection by members of the public during office hours at the office of the public utility; and
(b) May be revised from time to time to reflect the changing needs and conditions of the service area. Each such revision must be filed with the Commission and made available for inspection by members of the public within 30 days after its adoption.
4. The Commission shall review the plan for compliance with this section within 30 days after its submission. The plan must be approved by the Commission before it is put into effect.
(Added to NRS by 1991, 523; A 2001, 1766)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.663 - Certain public utilities furnishing water or sewage service: Regulations by Commission to consider certain requests by utility to recover costs or impose surcharge.

The Commission shall adopt regulations specifying the information the Commission will consider:
1. In reviewing a request included in an application to make changes in any schedule submitted pursuant to NRS 704.110 by a public utility which furnishes, for compensation, any water for municipal, industrial or domestic purposes, or services for the disposal of sewage, or both, to recover an amount based on the anticipated effects of implementing a plan of water conservation, including, without limitation, the anticipated effects of decreased consumption of water by customers of the public utility as the result of the implementation of a plan for water conservation or the charging of rates to encourage water conservation;
2. In reviewing a request included in an application to make changes in any schedule submitted pursuant to NRS 704.110 by a public utility which furnishes, for compensation, any water for municipal, industrial or domestic purposes, or services for the disposal of sewage, or both, to recover the costs of providing service without regard to the difference in the quantity of water actually sold by the public utility by taking into account the adjusted and annualized quantity of water sold during a test year and the growth in the number of customers of the public utility; and
3. In reviewing a request included in a plan or amendment to a plan submitted pursuant to NRS 704.661 by a public utility which furnishes, for compensation, any water for municipal, industrial or domestic purposes, or services for the disposal of sewage, or both, and which had an annual gross operating revenue of $1,000,000 or more for at least 1 year during the immediately preceding 3 years or, if the public utility is authorized to follow the simplified procedures or methodologies for a change of rates pursuant to NRS 704.095, made in such other form as prescribed by the Commission, to impose a surcharge for the purpose of funding and encouraging investment in infrastructure in the period between the filing of rate cases by the public utility. The imposition of any such surcharge approved by the Commission is not subject to the provisions of NRS 704.110.
(Added to NRS by 2013, 2311)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.664 - Facility for treatment of water acquired and constructed by county: Approval of Commission required for imposition of tax to finance facility if water taxed is supplied by public utility; determination by Commission; regulations.

1. A county shall not impose the tax authorized by NRS 244.3661 on the use of water by customers of a supplier of water that is a public utility, or make changes to the ordinance imposing such a tax, without the prior approval of the Commission.
2. The Commission shall review an application made by a county for the approval required by subsection 1 in the same manner and to the same extent as it would review an application by a public utility for increased rates based upon construction by the public utility of the same facility.
3. The Commission shall not approve the imposition of the tax or changes to the ordinance imposing the tax authorized by NRS 244.3661 unless, after an investigation and a hearing, it determines:
(a) The basis for the need of the facility;
(b) The nature of the probable effect on the environment;
(c) That the facility represents the minimum adverse effect on the environment, considering the state of available technology and the nature and economics of the various alternatives and other pertinent considerations;
(d) That the location of the facility as proposed conforms to applicable state and local laws and any regulations issued pursuant thereto;
(e) That the facility will serve the public interest;
(f) That the tax which the county proposes to impose is just and reasonable and consistent with the policies of the Commission applicable to rates and rate design for public utilities;
(g) That the aggregate amount generated by the tax will be sufficient to provide for the payment of the obligations issued by the county to acquire and construct the new facility;
(h) That the water treatment services of the new facility will be available for use by the public utility for as long as the public utility holds a certificate of public convenience and necessity to provide service as a water utility within the boundaries of the county on terms and conditions which are reasonable and just to the utility and its customers;
(i) That the construction of the facility is consistent with a resource plan approved by the Commission and the facility can be integrated into existing water systems;
(j) That the financing of the facility pursuant to this section is economically more advantageous to the customers of the public utility who will pay the tax than any alternative means of financing a new facility by the public utility; and
(k) That the construction of the facility and the imposition of the tax is otherwise in the public interest.
4. The Commission shall adopt such regulations as are necessary to carry out the provisions of this section.
(Added to NRS by 1991, 1941)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.6642 - Facility for treatment of water acquired and constructed by county: Billing and collection of tax imposed on customers of public utility.

1. A county shall not require a public utility whose customers pay a tax imposed pursuant to NRS 244.3661 to bill and collect the tax except pursuant to an agreement entered into pursuant to subsection 2. At the request of a county, a public utility shall provide such information as is reasonably necessary for the county to bill for and collect any tax imposed upon the customers of the public utility pursuant to NRS 244.3661.
2. A public utility whose customers pay a tax imposed pursuant to NRS 244.3661 may enter into an agreement with the county with respect to billing for and collecting the tax. The agreement may provide for collection remedies which may include the collection remedies available to the public utility.
(Added to NRS by 1991, 1942)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.6644 - Facility for treatment of water acquired and constructed by county: Public utility’s use of water treatment services provided by facility authorized; Commission’s approval of agreement for use required.

1. A public utility must not be required to use the water treatment services provided by a facility acquired and constructed or to be acquired and constructed by the county pursuant to NRS 244.3661 without the consent of the public utility and the Commission.
2. A public utility that supplies water within the boundaries of a county may enter into an agreement with that county to use the water treatment services provided by a facility acquired and constructed or to be acquired and constructed by the county pursuant to NRS 244.3661. The term of the agreement may be for more than 1 fiscal year. Any such agreement must be approved by the Commission before it becomes effective.
3. The Commission shall not approve an agreement executed pursuant to this section unless it determines that:
(a) The agreement provides that the water treatment services of the facility will be available for use by the public utility for as long as the public utility holds a certificate of public convenience and necessity to provide service as a water utility within the boundaries of the county;
(b) The basis for payment of the expenses of operating and maintaining the facility provided in the agreement is reasonable and just; and
(c) The agreement will serve the public interest.
(Added to NRS by 1991, 1942)