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2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.950 - Complaints: Investigation by Division of Consumer Complaint Resolution; action by Commission; enforcement of order.

1. The tenant of a lot in a manufactured home park or mobile home park or occupant of a dwelling in a company town who believes that the landlord or owner has violated the provisions of NRS 704.930, 704.940 or 704.960 may complain to the Division of Consumer Complaint Resolution of the Commission. The Division shall receive and promptly investigate the complaint. If the Division is unable to resolve the complaint, the Division shall transmit the complaint and its recommendation to the Commission.
2. The Commission shall investigate, give notice and hold a hearing upon the complaint, applying to the extent practicable the procedures provided for complaints against public utilities in chapter 703 of NRS.
3. If the Commission finds that the landlord of the manufactured home park or mobile home park or owner of the company town has violated the provisions of NRS 704.930, 704.940 or 704.960, it shall order the landlord or owner to cease and desist from any further violation. If the violation involves an overcharge for a service, the Commission shall determine the amount of the overcharge and order the landlord or owner to return that amount to the tenant or occupant within a specified time.
4. If the landlord or owner fails or refuses to comply with its order, the Commission may compel compliance by any appropriate civil remedy available to it under this chapter. For the purposes of compelling compliance by the landlord or owner, the Commission may use such methods as are available for the Commission to compel the compliance of a public utility.
(Added to NRS by 1983, 2033; A 1987, 936; 1991, 1987; 1997, 1918; 2015, 231)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.960 - Annual report to be filed by landlord of manufactured home park or mobile home park or owner of company town; regulations.

Each landlord of a manufactured home park or mobile home park or owner of a company town who is billed by a utility or an alternative seller and in turn charges the tenants or occupants of the dwellings for the service provided by the utility or alternative seller shall submit an annual report to the Commission. The report must contain detailed information on the collections and expenditures of the landlord’s or owner’s account for service charges for utilities, information necessary to determine compliance with NRS 704.940, details of any changes in ownership during the period covered by the report and such other information as the Commission deems necessary to determine whether the landlord or owner has complied with the provisions of this chapter which apply to manufactured home parks, mobile home parks and company towns. The Commission shall by regulation provide for the annual filing of the reports.
(Added to NRS by 1987, 934; A 1991, 1988; 2015, 232)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.964 - Lease of tank for storage of liquefied petroleum gas: Removal of tank upon request; requirements for refund; penalty.

1. Each dealer who leases a tank for the storage of liquefied petroleum gas to a customer shall, upon the request of a customer, remove the tank from the customer’s premises.
2. The dealer shall refund to the customer:
(a) On a pro rata basis, an amount equal to the rent for the unused portion of the lease; and
(b) An amount equal to the value of the liquefied petroleum gas which remains in the tank when the tank is removed. In calculating the value of the liquefied petroleum gas, the dealer shall use the price the customer paid for the liquefied petroleum gas.
3. The dealer shall mail the refund to the customer within 15 days after the tank is removed from the customer’s premises.
4. Any person who violates any of the provisions of this section is guilty of a misdemeanor.
(Added to NRS by 1989, 1834)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.9901 - Collection of taxes, fees and assessments from customers: Duties of providers; billing requirements; disciplinary action for failure to comply.

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.
(Added to NRS by 2003, 3028)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.99051 - Definitions.

As used in NRS 704.99051 to 704.9925, inclusive, unless the context otherwise requires, the words and terms defined in NRS 704.99052 to 704.99059, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2023, 1524)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.99058 - Responsibly sourced or transported natural gas" defined.

"Responsibly sourced or transported natural gas" means geologic natural gas that is produced or transported with methane emission intensity levels that are below a certain threshold and using processes that demonstrate best practices for production and transportation.
(Added to NRS by 2023, 1524)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.99059 - Significant operational or capital requirements" defined.

"Significant operational or capital requirements" means the construction of a new transmission, distribution, compression or storage facility or the rehabilitation, replacement, modification, upgrade, uprate or update of existing facilities, or any planned series of such activities addressing the same need, in which the anticipated cost exceeds the threshold established by the Commission pursuant to subsection 3 of NRS 704.991.
(Added to NRS by 2023, 1524)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.9913 - Public hearing on adequacy of plan; determination by Commission.

1. After a public utility has filed its plan pursuant to NRS 704.991, the Commission shall convene a public hearing on the adequacy of the plan.
2. The Commission shall determine the parties to the public hearing on the adequacy of the plan. A person or governmental entity may petition the Commission for leave to intervene as a party. The Commission must grant a petition to intervene as a party in the hearing if the person or entity has relevant material evidence to provide concerning the adequacy of the plan. The Commission may limit participation of an intervener in the hearing to avoid duplication and may prohibit continued participation in the hearing by an intervener if the Commission determines that continued participation will unduly broaden the issues, will not provide additional relevant material evidence or is not necessary to further the public interest.
3. In addition to any party to the hearing, any interested person may make comments to the Commission regarding the contents and adequacy of the plan.
4. After the hearing, the Commission shall determine whether:
(a) The forecast requirements of the public utility are based on substantially accurate data and an adequate method of forecasting.
(b) The plan identifies and takes into account any present and projected changes in the demand for natural gas.
(c) The plan adequately demonstrates the need for and cost-effectiveness of the proposed activities and investments, as applicable.
(d) The plan identifies the mix of geologic and commercially-available nongeologic gas supply, energy efficiency and conservation programs and activities and investments designed to meet the current and future needs for natural gas at the lowest reasonable cost to the public utility and its customers.
(e) To the extent the plan includes commercially-available nongeologic gas supply options, the plan identifies and considers any present and projected changes in greenhouse gas emissions as a result of the proposed activities.
(f) The plan adequately mitigates adverse impacts on low-income and historically underserved communities.
(Added to NRS by 2023, 1524)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.9915 - Order accepting or modifying plan or amendment to plan or specifying inadequacies; recovery of prudently incurred costs.

1. After a public utility has filed the plan required pursuant to NRS 704.991, the Commission shall issue an order accepting or modifying the plan or specifying any portions of the plan it deems to be inadequate within 210 days. If the Commission issues an order modifying the plan, the public utility may consent to or reject some or all of the modifications by filing with the Commission a notice to that effect. Any such notice must be filed not later than 30 days after the date of issuance of the order.
2. If a public utility files an amendment to a plan, the Commission shall issue an order accepting or modifying the amendment or specifying any portions of the amendment it deems to be inadequate within 180 days after the filing of the amendment. If the Commission issues an order modifying the amendment, the public utility may consent to or reject some or all of the modifications by filing with the Commission a notice to that effect. Any such notice must be filed not later than 30 days after the date of issuance of the order.
3. Except as otherwise provided by this chapter, a plan filed pursuant to NRS 704.991 or an amendment to such a plan that is accepted by the Commission shall be deemed to be prudent and the public utility shall recover all prudently incurred costs for the reasonable implementation of such a plan or amendment. For the purposes of this subsection, a plan or amendment shall be deemed accepted by the Commission only as to that portion of the plan or amendment accepted as filed or modified with the consent of the public utility pursuant to subsection 1 or 2.
(Added to NRS by 2023, 1525)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.9917 - Filing of general rate application at certain times prohibited.

A public utility which purchases natural gas for resale to 10 or more customers in this State shall not file a general rate application:
1. During the 180 days immediately preceding the date on which the public utility is required to file a plan pursuant to NRS 704.991; or
2. Within 180 days after any date on which the public utility files a plan pursuant to NRS 704.991.
(Added to NRS by 2023, 1525)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.992 - Establishment of mechanism for recovery of costs by public utility without regard to difference in quantity of natural gas sold.

The Commission shall adopt regulations to establish procedures for a public utility which purchases natural gas for resale to 10 or more customers in this State to have a mechanism established during a general rate application filed pursuant to NRS 704.110 to ensure that the costs of the public utility for providing service are recovered without regard to the difference in the quantity of natural gas actually sold by the public utility by taking into account the adjusted and annualized quantity of natural gas sold during a test year and the growth in the number of customers of the public utility.
(Added to NRS by 2007, 2977; A 2023, 1527)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.9925 - Authority for utility which purchases natural gas for resale to expand infrastructure consistent with program of economic development; procedures for recovery of costs associated with certain activities; regulations.

1. The Commission shall adopt regulations:
(a) Authorizing a public utility which purchases natural gas for resale to 10 or more customers in this State to include in a plan filed pursuant to NRS 704.991 a proposal to expand the infrastructure of the public utility in a manner consistent with a program of economic development; and
(b) Establishing procedures for a public utility which purchases natural gas for resale to 10 or more customers in this State to apply to the Commission for the recovery of costs associated with an activity approved by the Commission as part of a plan filed pursuant to NRS 704.991.
2. The regulations adopted pursuant to subsection 1 must ensure the timely recovery by the public utility of all prudent and reasonable costs associated with the expansion of the infrastructure of the public utility in a manner consistent with a program of economic development through the development of alternative cost-recovery methodologies that balance the interests of persons receiving direct benefits and persons receiving indirect benefits from the expansion of the infrastructure of the public utility.
3. As used in this section, "program of economic development" means a program to expand the infrastructure of a public utility which purchases natural gas for resale to 10 or more customers in this State that is proposed by the public utility and approved by the Commission for one or more of the following purposes:
(a) Providing natural gas service to unserved and underserved areas within this State;
(b) Accommodating the expansion of existing business customers of the public utility;
(c) Attracting and retaining residential and business customers of the public utility;
(d) Attracting to this State new and diverse businesses and industries which use natural gas and which would otherwise locate or expand their business or industry within this State but for the absence of adequate natural gas infrastructure;
(e) Facilitating the implementation of the State Plan for Economic Development developed by the Executive Director of the Office of Economic Development pursuant to subsection 2 of NRS 231.053; and
(f) Facilitating any policy of the Legislature with respect to economic development in this State.
(Added to NRS by 2015, 251; A 2023, 1527)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.993 - Definitions.

As used in NRS 704.993 to 704.999, inclusive, unless the context otherwise requires, the words and terms defined in NRS 704.994, 704.995 and 704.996 have the meanings ascribed to them in those sections.
(Added to NRS by 1997, 1902; A 2003, 3030)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.997 - Alternative plan of regulation for utility that supplies natural gas: Requirements; regulations; applicability of statutory provisions; use of name or logo by affiliate; sale of service relating to supply of natural gas by unlicensed alternative seller unlawful.

1. Except as otherwise provided in this section, upon the receipt of a specific request for an exemption by a public utility that supplies natural gas, the Commission may, to the extent it deems necessary, exempt any service offered by the public utility from the strict application of one or more provisions of this chapter. Such an exemption may be made only upon a determination by the Commission, after notice and an opportunity for a hearing, that the service is competitive, discretionary or potentially competitive.
2. The Commission shall adopt regulations necessary to establish an alternative plan of regulation of a public utility that supplies natural gas and that is otherwise subject to regulation pursuant to the provisions of this chapter. The alternative plan may include, but is not limited to, provisions that:
(a) Allow adjustment of the rates charged by the public utility during the period in which the utility elects the alternative plan of regulation.
(b) Except as otherwise provided in this section, specify the provisions of this chapter that do not apply to a public utility which elects to be regulated under the alternative plan.
(c) Provide for flexibility of pricing for services that are discretionary, competitive or potentially competitive.
3. A public utility that elects to be regulated under the alternative plan established pursuant to this section:
(a) Remains subject to the provisions of NRS 704.033, 704.035 and 704.9985; and
(b) Is not subject to the remaining provisions of this chapter to the extent specified pursuant to this section.
4. In providing a potentially competitive service, an affiliate of a provider of a noncompetitive service may use the name or logo, or both, of the provider of noncompetitive service.
5. It is unlawful for an alternative seller to sell any service relating to the supply of natural gas to a customer for the customer’s consumption within this State without first having obtained a license from the Commission to do so.
(Added to NRS by 1997, 1902; A 1999, 3271; 2003, 3030)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.998 - Licensing of alternative sellers: Requirements; regulations; denial, limitation, suspension or revocation.

1. Not later than January 1, 1999, the Commission shall, by regulation, set forth the procedures and conditions that alternative sellers must satisfy before obtaining a license to sell potentially competitive services to customers in this state, including, but not limited to:
(a) Safety;
(b) Reliability of service;
(c) Financial reliability;
(d) Fitness to serve new customers; and
(e) Billing practices and customer services, including the initiation and termination of service.
2. The Commission may deny the application of a prospective alternative seller for a license, or may limit, suspend or revoke a license issued to an alternative seller, if the action is necessary to protect the interests of the public or to enforce the provisions of this chapter or a regulation of the Commission. In determining whether to take any of those actions, the Commission may consider whether the applicant for or holder of such a license, or any affiliate thereof, has engaged in activities which are inconsistent with effective competition.
(Added to NRS by 1997, 1903)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.9985 - Collection of taxes, fees and assessments from customers: Duties of public utilities and alternative sellers; billing requirements; disciplinary action for failure to comply.

1. Each public utility that elects to be regulated under an alternative plan of regulation pursuant to NRS 704.997 shall:
(a) Collect from each customer who is purchasing natural gas from the public utility under the alternative plan of regulation 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 alternative seller shall:
(a) Collect from each customer who is purchasing natural gas from the alternative seller 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.
3. Each person who is responsible for billing a customer who is purchasing natural gas from a public utility under an alternative plan of regulation or from an alternative seller 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.
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.
(Added to NRS by 2003, 3028)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.999 - Restoration of service: Conditions; tariffs.

1. A customer of natural gas within the service territory of a public utility that supplies natural gas who obtains his or her own supply of natural gas or capacity on a pipeline from a person other than the public utility for at least 30 continuous days may seek restoration of service from the public utility in accordance with the tariffs filed pursuant to this section.
2. A public utility that supplies natural gas shall file a tariff with the Commission that states the terms and conditions under which a customer may restore his or her gas service from the public utility pursuant to this section. The tariff must be reviewed by the Commission and must include, without limitation:
(a) A procedure for re-establishing the gas service;
(b) Methods of accounting to be used for identifying and billing actual costs incurred by the public utility for:
(1) Re-establishing service;
(2) Obtaining new supplies of gas for the customers; and
(3) Acquiring and maintaining the necessary capacity for transporting the supplies of gas, if applicable;
(c) Methodology for determining the costs of administration and overhead costs;
(d) Methods of accounting to determine any incremental costs incurred by the public utility to serve the customer or group of customers;
(e) Procedures for curtailment to be used in establishing priorities of service;
(f) Procedures that will be available to customers to resolve disputes in billing; and
(g) The minimum period during which the customer must take the resumed service.
3. For the purposes of this section, a public utility may charge its actual cost of obtaining any additional supply of gas to serve the returning customers. The Commission shall verify the compliance of a public utility with its tariff filed pursuant to this section.
(Added to NRS by 1997, 1903)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.9991 - Definitions.

As used in NRS 704.9991 to 704.9997, inclusive, unless the context otherwise requires, the words and terms defined in NRS 704.9992 to 704.9996, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2019, 228)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.9992 - "Biogas" defined.

"Biogas" means a mixture consisting primarily of methane and carbon dioxide that is produced by the anaerobic digestion with anaerobic bacteria or fermentation of biodegradable materials, including, without limitation, biomass, manure, plant material, sewage and landfill waste.
(Added to NRS by 2019, 228)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.9995 - "Renewable natural gas" defined.

"Renewable natural gas" means gas which:
1. Is produced by processing biogas or by converting electric energy generated using renewable energy into storable or injectable gas fuel, in a process commonly known as power-to-gas or electrolysis; and
2. Meets the quality standards applicable to the natural gas pipeline into which the gas will be injected.
(Added to NRS by 2019, 228)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.9996 - "Renewable natural gas facility" defined.

"Renewable natural gas facility" means a facility or any part of the equipment located at a facility that is used to create biogas, create hydrogen for methanation, gather biogas, gather hydrogen, process biogas into renewable natural gas, inject renewable natural gas into a natural gas pipeline or determine the constituents of renewable natural gas before the injection of the renewable natural gas into a natural gas pipeline.
(Added to NRS by 2019, 228)
2023 Nevada Revised Statutes › Chapter 704A - Facilities Placed Underground › NRS 704A.010 - Declaration of legislative findings and purpose.

1. The Legislature finds that in many areas of this state owners of real property, counties, cities and public utility corporations desire to construct new underground electric and communication services and to convert existing overhead electric and communication facilities to underground locations by establishing underground service districts for the purpose of effecting such construction or conversion.
2. The Legislature declares that a public purpose will be served and that the public welfare will be promoted by providing a procedure to accomplish such construction or conversion and that it is in the public interest to provide for such construction or conversion as provided in this chapter.
(Added to NRS by 1971, 1232)
2023 Nevada Revised Statutes › Chapter 704A - Facilities Placed Underground › NRS 704A.050 - "Electric and communication facilities" defined.

"Electric and communication facilities" means any works or improvements used or useful in providing electric or communication service, including but not limited to poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances, but:
1. "Communication facilities" does not include facilities used or intended to be used for the transmission of intelligence by microwave or radio, apparatus cabinets or outdoor public telephones.
2. "Electric facilities" does not include any facilities used or intended to be used for the transmission of electric energy at nominal voltages in excess of 25,000 volts or having a circuit capacity in excess of 12,000 kilovolt amperes.
(Added to NRS by 1971, 1232)
2023 Nevada Revised Statutes › Chapter 704A - Facilities Placed Underground › NRS 704A.060 - "Governing body" defined.

"Governing body" means:
1. The city council, city commission, board of supervisors or other local legislative or governing body of an incorporated city if all or any part of the service district is located within the limits of such incorporated city.
2. The board of county commissioners if the service district is located entirely within the unincorporated area of the county.
(Added to NRS by 1971, 1233)
2023 Nevada Revised Statutes › Chapter 704A - Facilities Placed Underground › NRS 704A.073 - "Mailed notice" and "notice by mail" defined.

1. "Mailed notice," "notice by mail" or any phrase of similar import, except as otherwise qualified, means the giving by the municipal clerk, engineer, treasurer or other designated person, or any deputy thereof, as provided in this chapter or otherwise as determined by the governing body, of any designated written or printed notice addressed to the last known owner or owners of each lot being assessed or other designated persons at their last known address or addresses by deposit, at least 20 days prior to the designated hearing or other designated time or event, in the United States mails, postage prepaid, as first-class mail.
2. The names and addresses of such property owners, unless otherwise provided, shall be obtained from the records of the county assessor or from such other source as the official giving such notice deems reliable.
3. Any list of such names and addresses pertaining to any service district or assessment roll may be revised from time to time, but such a list need not be revised more frequently than at 12-month intervals.
4. Any mailing of any notice required in this chapter shall be verified by the affidavit or certificate of the official mailing the notice, which verification shall be retained in the records of the municipality at least until all assessments and bonds and any other securities pertaining thereto have been paid in full, or each claim relating thereto is barred by a statute of limitations.
5. Such affidavit or certificate of mailing shall be prima facie evidence of the mailing of such notice in accordance with the requirements of this chapter.
(Added to NRS by 1973, 473)
2023 Nevada Revised Statutes › Chapter 704A - Facilities Placed Underground › NRS 704A.077 - "Municipality" and "municipal" defined.

1. "Municipality" means an incorporated city, including, without limitation, Carson City, in which is located wholly or in part the service district, or means the county in the unincorporated area of which is wholly located the service district, as the case may be.
2. "Municipal" pertains to a municipality.
(Added to NRS by 1973, 473; A 1981, 965)
2023 Nevada Revised Statutes › Chapter 704A - Facilities Placed Underground › NRS 704A.100 - "Owner" defined.

"Owner" means:
1. The person in whom legal title appears by recorded deed;
2. The person in possession under claim of title; or
3. The person exercising acts of ownership on the person’s own behalf or as the personal representative of the owner, including boards of trustees of school districts owning property within the service district.
(Added to NRS by 1971, 1233)
2023 Nevada Revised Statutes › Chapter 704A - Facilities Placed Underground › NRS 704A.110 - "Public place" defined.

"Public place" includes streets, alleys, roadways, sidewalks, rights-of-way, easements and similar properties as to which an incorporated city, an unincorporated town, a county, the State of Nevada or a public utility corporation may have a right.
(Added to NRS by 1971, 1233)
2023 Nevada Revised Statutes › Chapter 704A - Facilities Placed Underground › NRS 704A.120 - "Public utility corporation" defined.

"Public utility corporation" means:
1. Any person or corporation subject to the jurisdiction of the Public Utilities Commission of Nevada which provides electric or communication service to the public by means of electric or communication facilities.
2. An incorporated city or a county which provides electric or communication service to the public by means of electric or communication facilities.
(Added to NRS by 1971, 1233)
2023 Nevada Revised Statutes › Chapter 704A - Facilities Placed Underground › NRS 704A.125 - "Publication" and "publish" defined.

1. "Publication," "publish" or any term of similar import, except as otherwise qualified, means publication in at least one newspaper of general circulation in the municipality and the service district pertaining thereto, for at least once a week for 3 consecutive weeks by 3 weekly insertions, the first publication being at least 15 days prior to the designated hearing or other designated time or event.
2. The publication need not be made on the same day of the week in each of the 3 calendar weeks, but not less than 14 days shall intervene between the first and the last publication.
3. Any publication herein required shall be verified by the affidavit of the publisher which affidavit shall be filed with the municipal clerk.
(Added to NRS by 1973, 473)
2023 Nevada Revised Statutes › Chapter 704A - Facilities Placed Underground › NRS 704A.140 - "Service district" defined.

"Service district" means a new underground electric and communication service district as defined by NRS 704A.080, or an underground service district as defined by NRS 704A.150, as the case may be.
(Added to NRS by 1971, 1233; A 1997, 2550)
2023 Nevada Revised Statutes › Chapter 704A - Facilities Placed Underground › NRS 704A.150 - "Underground service district" defined.

"Underground service district" means an area in which electric and communication facilities are to be placed underground, exclusive of:
1. Any lines or facilities used or intended to be used for the transmission of electric energy at nominal voltages in excess of 300,000 volts or having a circuit capacity in excess of 12,000 kilovolt amperes.
2. Facilities used or intended to be used for the transmission of intelligence by microwave or radio.
3. Facilities such as transformers, pull boxes, service terminals, pedestal terminals, splice closures, apparatus cabinets and similar facilities which normally are above the surface in areas where service lines are underground in accordance with standard underground practices.
4. On-the-ground facilities attached to overhead facilities which are used to connect an underground system to overhead facilities.
(Added to NRS by 1971, 1233; A 1997, 2550)
2023 Nevada Revised Statutes › Chapter 704A - Facilities Placed Underground › NRS 704A.170 - Petition by owners for study of costs to establish service district.

1. If not less than 60 percent of the owners of contiguous real property within a reasonably compact area of reasonable size, who own not less than 60 percent on a square foot basis of the real property within such area, seek to establish a service district, they shall petition each public utility corporation serving such area to make a study of the costs related to the establishment of such area as a service district.
2. The petition shall set forth:
(a) The necessity for the proposed service district.
(b) That the public convenience, necessity or welfare will be promoted by the establishment of the service district and that the property to be included therein will be benefited.
(c) The name and address of the owner of each parcel or lot within the proposed service district as reflected on the records of the county assessor.
(d) Such other matters as may be reasonably required by the public utility corporation.
3. Each copy of the petition shall be:
(a) Verified by one of the petitioners.
(b) Accompanied by a plat or sketch indicating the boundaries of the proposed service district and size in square feet of each parcel or lot within the proposed service district.
(Added to NRS by 1971, 1234)
2023 Nevada Revised Statutes › Chapter 704A - Facilities Placed Underground › NRS 704A.190 - Summary of estimate of costs to be assessed against each lot furnished to owner; joint summary.

1. A summary of the estimate of the costs to be assessed against each lot of real property located within the proposed service district for the new construction or conversion of facilities within public places and the estimated costs to be assessed to each lot of real property for placing underground the facilities of the public utility corporation located within the boundaries of each lot shall be mailed by the public utility corporation to each owner of real property located within the proposed service district to the address of such owner as contained in the petition for the cost study, if such owner and address is included in the petition, or to such owner at the address thereof as shown in the records of the county assessor.
2. Two or more public utility corporations with facilities in the proposed service district, except for any public utility corporation described in subsection 4 or 5 of NRS 704A.180, may:
(a) Prepare a joint summary of such costs;
(b) Cause the joint summary so to be mailed to each owner of real property within the proposed service district; and
(c) Apportion the costs of so preparing and mailing the joint summary between or among such public utility corporations on an equitable basis as may be mutually agreeable thereto.
3. Any estimate of cost required or authorized in this chapter shall not constitute a limitation upon such cost nor a limitation upon the rights and powers of any public utility corporation, the municipality, the governing body, or any officers, agents or employees thereof.
(Added to NRS by 1971, 1235; A 1973, 475)
2023 Nevada Revised Statutes › Chapter 704A - Facilities Placed Underground › NRS 704A.200 - Petition for establishment of service district: Time and place of filing; number of petitioners required.

1. Within 90 days after the joint report referred to in NRS 704A.180 is made available to the petitioners, not less than 60 percent of the owners of real property within the area who own not less than 60 percent of the real property on a square foot basis within the area, excluding public places, may petition the governing body for establishment of a service district in the same area described in the original petition or petitions.
2. The petition shall be filed with the clerk of the municipality.
(Added to NRS by 1971, 1235; A 1973, 475)
2023 Nevada Revised Statutes › Chapter 704A - Facilities Placed Underground › NRS 704A.210 - Petition for establishment of service district: Manner of giving notice of hearing; payment of costs.

1. Upon receipt of a petition to establish a service district, the governing body shall set a date for a hearing on the petition, which date shall not be later than 60 days after the filing of the petition with the clerk.
2. The clerk shall:
(a) Cause a notice of the hearing to be posted in not less than three public places within the proposed service district for not less than 30 days prior to the date of the hearing.
(b) Cause a notice of the hearing to be published once not less than 10 days preceding the date of the hearing in some newspaper having a general circulation in the proposed service district.
(c) Mail a notice of the hearing at least 15 days preceding the date of the hearing to:
(1) Each owner of a lot of real property within the boundaries of the proposed service district as reflected on the records of the county assessor.
(2) Each governmental agency having rights in public places within the proposed service district.
3. The costs of posting, publication and mailing required in this section shall be assessed by the governing body on a pro rata basis to each public utility corporation whose electric or communication facilities are to be included in the proposed service area, and if a service district is established such costs shall be included in the costs of the district.
(Added to NRS by 1971, 1235; A 1973, 475)
2023 Nevada Revised Statutes › Chapter 704A - Facilities Placed Underground › NRS 704A.220 - Petition for establishment of service district: Contents of notice of hearing.

The notice of the hearing shall:
1. State the time and place where the hearing will be held.
2. Describe the boundaries of the proposed service district.
3. State that the joint report of estimated costs for each lot or parcel included within the proposed service district are available for public inspection at the office of the clerk.
(Added to NRS by 1971, 1236)
2023 Nevada Revised Statutes › Chapter 704A - Facilities Placed Underground › NRS 704A.230 - Objections to establishment of service district.

1. Any person owning real property within the proposed service district who wishes to object to the establishment of the proposed service district or to the costs thereof as contained in the joint report pertaining to the person’s lot or parcel included within the proposed service district shall, before the date set for the hearing, file written objections with the clerk.
2. In considering objections, the governing body shall be governed by the following:
(a) Each paper containing signatures shall have attached thereto an affidavit of an owner of real property within the proposed service district stating that each signature was affixed in the owner’s presence and is the signer’s genuine signature.
(b) An objection shall be counted only for the real property described as belonging to the signer. An objection without a description shall not be counted.
(c) The signature of one cotenant, or if community property, the signature of either spouse, is sufficient for an objection.
(d) An objection signed by a guardian, executor, administrator or trustee is valid without an order of court therefor.
(e) An objection by a person in possession under a contract of purchase is valid.
(f) When several persons have a claim to or an interest in real property, the signature of any of them is sufficient unless questioned by another having a claim or interest, whereupon the wishes of the person legally entitled to possession of the real property at the date of the objection controls.
(g) An objection signed by an agent or attorney-in-fact shall be disregarded unless the authority of the agent has been recorded with the county recorder or written or telegraphic authority is attached to the objection before expiration of the time for filing the objection.
(h) An objection may be withdrawn by filing a withdrawal with the clerk before 5 p.m. of the last day for the filing of objections.
(i) The signature of a cotenant, spouse, claimant or person interested may be questioned, and the authority of an agent or attorney-in-fact may be questioned, at any time before the governing body finally passes upon the sufficiency of the objection, but the authority of an agent or attorney-in-fact may not be revoked as to a signature after the expiration of the period in which objections may be filed.
(Added to NRS by 1971, 1236)
2023 Nevada Revised Statutes › Chapter 704A - Facilities Placed Underground › NRS 704A.250 - Inclusion of additional territory: Notice and hearing.

1. If the governing body determines at the hearing that territory not included in the petition should be included within the service district the owners of real property within such territory shall be given notice by mail as provided in subsection 2 of NRS 704A.210 of a subsequent hearing to be held on the proposal to include such additional territory.
2. The provisions of NRS 704A.230 and 704A.240 apply to all such subsequent hearings.
(Added to NRS by 1971, 1237)
2023 Nevada Revised Statutes › Chapter 704A - Facilities Placed Underground › NRS 704A.270 - Rehearings.

1. The public utility corporation or corporations involved and all owners of real property within the established service district shall be deemed parties to the proceedings for the purposes of applications for rehearings and appeals.
2. After an order is issued by the governing body establishing a service district, any party to the proceedings may apply to the governing body for a rehearing. The governing body may grant a rehearing if in its judgment sufficient reason appears therefor.
3. No claim arising from an order of the governing body shall accrue in any court to any party to the proceedings unless such party makes application to the governing body for a rehearing within 10 days from the date of receiving notice of the enactment of the ordinance.
4. The application for a rehearing shall state specifically the grounds on which it is based and no party to the proceedings shall, in any court, urge or rely on any ground not stated in the application.
5. If an application for rehearing is timely filed with the clerk the order shall be suspended until the application is granted or denied. At its next regular meeting following the filing of an application for rehearing the governing body shall either deny the application or grant a rehearing, which shall be held within 15 days from the date of an order granting the rehearing.
6. If, after a rehearing and a consideration of all the facts, including those arising since the enactment of the ordinance, the governing body finds that the original ordinance or any part thereof is in any respect unjust or unwarranted or should be changed, the governing body may repeal or amend the ordinance.
(Added to NRS by 1971, 1237)
2023 Nevada Revised Statutes › Chapter 704A - Facilities Placed Underground › NRS 704A.280 - Judicial review; objection to validity of action by governing body.

1. Any party to the proceedings aggrieved by an ordinance of the governing body establishing the service district, as amended, if amended, and filing a written objection as provided in NRS 704A.240 and a written application for a rehearing as provided in NRS 704A.270, may commence an appropriate action in the district court of the county in which the service district is located to challenge the validity of the ordinance. No such action may be commenced more than 60 days after enactment of the ordinance, or the last amendment thereto, if any, whichever is the later in time.
2. Any objection to the validity and correctness of the proceedings and instruments taken, adopted or made prior to the date of the application for rehearing shall be deemed waived in any hearing on assessments conducted by the governing body under NRS 704A.240 unless the objection is presented in writing at the times and in the manner specified in this chapter by a written objection under NRS 704A.240, if such proceedings and instruments were theretofore taken, adopted or made, and by a written application for rehearing under NRS 704A.270.
(Added to NRS by 1971, 1238; A 1973, 477; 1981, 965)
2023 Nevada Revised Statutes › Chapter 704A - Facilities Placed Underground › NRS 704A.290 - Time for commencement of construction or conversion.

If the governing body enacts an ordinance establishing a service district, the public utility corporation is not required to commence construction or conversion until:
1. The time for applying for a rehearing has expired and no application has been filed; or
2. If an application for a rehearing has been filed, the governing body has declined to repeal or amend the ordinance; and
3. Either the time for commencing an action in the district court has expired and no action has been commenced, or if an action has been commenced, a final judgment upholding the validity of the ordinance has been rendered; and
4. Arrangements for financing the construction or conversion have been completed and moneys are available therefor from the issuance of interim warrants, or from the levy and collection of assessments and issuance of bonds, or otherwise; and
5. The public utility corporation has been provided with or acquired necessary easements or licenses satisfactory to it for installation and maintenance of underground electric and communication facilities.
(Added to NRS by 1971, 1238; A 1973, 477)
2023 Nevada Revised Statutes › Chapter 704A - Facilities Placed Underground › NRS 704A.300 - Placement of facilities.

1. The service facilities within the boundaries of each lot within an underground service district must be placed underground at the same time as or after the underground system in private easements and public places is placed underground. The public utility corporation involved, directly or through a contractor, shall, in accordance with the rules and regulations of the public utility corporation, but subject to the regulations of the Public Utilities Commission of Nevada in the case of a public utility corporation other than a city or county, and, in the case of any utility corporation, subject to any other applicable laws, ordinances, rules or regulations of the municipality or any other public agency under the police power, convert to underground its facilities on any such lot in the case of:
(a) An electric public utility, up to the service entrance.
(b) A communication public utility, to the connection point within the house or structure.
2. All costs or expenses of conversion must be included in the costs on which the underground conversion cost for such property is calculated, as provided in this chapter.
(Added to NRS by 1971, 1238; A 1973, 478; 1987, 735; 1997, 1920, 2553; 1999, 572, 575)