reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.6646 - Facility for treatment of water acquired and constructed by county: Operation and maintenance of facility by public utility authorized; Commission’s approval of agreement for operation and maintenance required.

1. A public utility may enter into an agreement with a county to operate and maintain a facility acquired and constructed or to be acquired and constructed by a 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.
2. The Commission shall not approve an agreement executed pursuant to this section unless it determines that:
(a) The payments to be made under the agreement to the utility for operation and maintenance of the facility are reasonable and just; and
(b) The agreement is in the public interest.
(Added to NRS by 1991, 1942)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.665 - Water to be provided through single connection to building containing multiple units for occupancy; exception.

Unless the owner of the water system within a building containing multiple occupancy units otherwise requests in writing, a public utility shall provide water to the building through a single connection, in which case the utility may require, where water meters are otherwise permitted by law, that there be a single water meter or meter facility, but it shall not require a separate meter facility for each unit therein.
(Added to NRS by 1979, 1391)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.667 - Public utility not required to furnish water for artificial lake or stream if prohibited or restricted by ordinance in certain counties; exceptions.

In any county whose population is 700,000 or more:
1. Except as otherwise provided in subsection 2, nothing in this chapter requires a public utility to furnish water for the purpose of filling or maintaining an artificial lake or stream where that use of water is prohibited or restricted by ordinance of:
(a) The county, if the artificial lake or stream is located within the unincorporated areas of the county; or
(b) A city, if the artificial lake or stream is located within the boundaries of the city.
2. The provisions of subsection 1 and of any ordinance referred to in subsection 1 do not apply to:
(a) Water stored in an artificial reservoir for use in flood control, in meeting peak water demands or for purposes relating to the treatment of sewage;
(b) Water used in a mining reclamation project; or
(c) A body of water located in a recreational facility that is open to the public and owned or operated by the United States or the State of Nevada.
(Added to NRS by 1989, 1446; A 2011, 1310)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.6672 - Review of water supply and sewage service for certain proposed subdivisions: Duties of Commission; fee; exceptions.

1. The Commission shall review each tentative map for a subdivision received pursuant to NRS 278.335 and conduct an investigation, if deemed necessary, to determine the continuity and adequacy of the water supply or sewer service, or both, for the subdivision. If the Commission approves the final map for the subdivision, the Commission shall, for the purposes of NRS 278.377, submit written verification of its approval to the Division of Public and Behavioral Health of the Department of Health and Human Services and the Division of Water Resources of the State Department of Conservation and Natural Resources.
2. The Commission shall collect a fee not to exceed $200, which fee must be used to defray the cost of conducting any investigation under the provisions of subsection 1.
3. The provisions of subsections 1 and 2 shall not apply in any case where:
(a) The person to furnish the water supply or sewer service has already been granted a certificate of public convenience and necessity by the Commission to serve the area set forth in the tentative map.
(b) Any county, municipality or other form of local government, including, but not limited to, districts formed under the provisions of chapter 318 of NRS, will furnish the water supply or sewer service to the area set forth in the tentative map.
(Added to NRS by 1971, 1209; A 2005, 694)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.6674 - Supplier of water or services for sewage: Regulation by county; exceptions; appointment of receiver upon petition of county commissioners.

1. The board of county commissioners of any county may regulate by ordinance any person furnishing a water supply or sewer services, or water and sewer services, for compensation to persons within that county except those persons regulated by the Commission, the services furnished to its residents by a political subdivision, and services furnished to its members by a nonprofit association in which the rights and interests of all its members are equal.
2. Any person who is a customer of an entity subject to regulation by the board of county commissioners as provided in subsection 1 may request the board to review that entity, the service it is providing and the manner in which it is providing the service to determine whether a receiver should be appointed for that entity. If the board determines it to be appropriate, it shall file a petition for the appointment of a receiver for the entity in the same manner and with the same duties and powers as a receiver appointed upon petition of the Commission for a public utility as provided in NRS 704.6676.
(Added to NRS by 1971, 1209; A 1979, 202, 803)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.6676 - Supplier of water or services for sewage: Appointment of receiver upon petition of Commission.

1. If the Commission determines after notice and hearing that a public utility which furnishes water or services for the disposal of sewage, or both:
(a) Is unable to provide reasonably continuous and adequate service; or
(b) Otherwise qualifies for appointment of a receiver pursuant to NRS 32.010,
the Commission may file a petition for the appointment of a receiver for the public utility in the district court for the county in which the principal office of the utility is located within this state, or in the district court for Carson City if the principal office of the utility is located outside this state, to insure the public interest in receiving service from the public utility in the manner required by law.
2. The district court in which the petition is filed pursuant to subsection 1 shall immediately appoint a receiver qualified to manage the type of public utility for which the petition was filed if it finds the determination of the Commission to be correct.
3. Any person so appointed receiver is, from the time of the person’s appointment until the termination of the person’s duties pursuant to law, subject to all duties and has all powers generally conferred upon a receiver by law, including the power to petition for relief in bankruptcy and to sell or transfer the assets of the public utility for the benefit of the public utility’s creditors.
(Added to NRS by 1979, 803; A 1987, 478)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.668 - Disposal or encumbrance of property by certain public utilities furnishing water or services for sewage: Approval of Commission required; hearing required in certain matters; regulations.

1. It is unlawful for any public utility which serves 3,000 or fewer persons and furnishes water or services for the disposal of sewage, or both, to:
(a) Sell, lease or otherwise dispose of; or
(b) Encumber by mortgage, deed of trust, security agreement or otherwise,
any or all of its real property or goods, including fixtures, or any combination thereof which are necessary in the present or future performance of its duties to the public regarding water or sewage without first obtaining approval from the Commission which authorizes the public utility to do so. This limitation applies to any interest in real property, including, without limitation, easements and water rights.
2. Any such action:
(a) Which is not taken in accordance with the approval of the Commission; or
(b) Which is taken without obtaining the approval from the Commission,
is void.
3. If the public utility is disposing of all of its real property and goods, the Commission shall hold a public hearing on the matter before determining whether to approve the disposal.
4. The Commission shall adopt regulations which set forth the types and quantities of property and goods that are necessary in the performance of the duties of the various classes of public utilities.
5. The provisions of this section are not intended to limit the regulatory authority of the Commission granted in other sections of this chapter.
6. The provisions of this section do not apply to a public utility engaged in the business of furnishing, for compensation, water or services for the disposal of sewage, or both, to persons within this state if the utility:
(a) Serves 15 persons or less; and
(b) Operates in a county whose population is 700,000 or more.
(Added to NRS by 1991, 144; A 2003, 370; 2011, 1310)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.669 - Regulation of sale of geothermal energy to public; system of operating permits.

1. Except as otherwise provided in subsection 2, every corporation or other person who sells geothermal energy to the public is affected with a public interest, is a public utility and is subject to the jurisdiction and control of the Commission. The authority of the Commission to regulate such persons is limited to the authority granted by this section and NRS 704.033 and 704.035.
2. This section does not apply to any corporation or other person described in subsection 4 of NRS 704.021 or to any political subdivision of the State authorized to sell energy to the public.
3. The Commission shall adopt just and reasonable regulations governing the sale of energy from geothermal resources to the public. The regulations must provide for a system of operating permits which:
(a) May not be denied because the area which the applicant proposes to serve is already being served by a gas or electric utility.
(b) May not convey an exclusive right to supply geothermal energy in the area which the applicant proposes to serve.
(c) Specify in each case the geographic area in which the applicant reasonably can provide the services authorized in the permit.
(d) Require the applicant to enter into a contract with each customer served by the utility. The form and scope of the contract must be subject to review and approval of the Commission. The contract must specify at least:
(1) The period of time during which service will be provided. The contract must provide for a period of at least 3 years unless such a provision is expressly waived by the customer.
(2) The rates or the formula for determining rates to be charged during the term of the contract.
(3) That the utility will submit to binding arbitration, pursuant to chapter 38 of NRS, matters relating to damages suffered by the customer as a result of a disruption in service and that in any such arbitration, the utility is liable for damages unless it establishes that the disruption was caused by circumstances beyond its control, or another affirmative defense, or establishes that it was not negligent.
4. Before issuing an operating permit the Commission must find that:
(a) The applicant is fit, willing and able to provide the services authorized in the permit.
(b) The applicant has tested the geothermal reservoir to determine whether it appears to be capable of providing sufficient energy to supply the intended uses.
(c) The system which the applicant intends to use to produce and distribute the heat meets appropriate standards.
5. The Commission has continuing authority to regulate the utilities described in this section to ensure that each utility adheres to the conditions set forth in its operating permit and that the utility provides adequate services.
(Added to NRS by 1981, 660; A 1997, 1912)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.673 - Cooperatives, nonprofit corporations and associations supplying services both to public and members declared public utilities; regulation by Commission.

1. Except as otherwise provided in subsection 2, every cooperative association or nonprofit corporation or association and every other supplier of services described in this chapter supplying such services for the use of the public and for the use of its own members is hereby declared to be affected with a public interest, to be a public utility, and to be subject to the jurisdiction, control and regulation of the Commission and to the provisions of this chapter.
2. In the case of the acquisition of the certificate or all or any part of the territory of a public utility, as defined in paragraph (a) of subsection 2 of NRS 704.020, by a cooperative association or nonprofit corporation or association which before April 26, 1963, had supplied services for the use of its own members only, the provisions of subsection 1 are not applicable for a period of 6 months or the expiration of such reasonable extension or extensions of that 6-month period as may be ordered by the Commission, during which period the cooperative association or nonprofit corporation or association may enroll as its members the customers of the public utility whose certificate or territory was acquired so as to make such acquiring cooperative association or nonprofit corporation or association subject only to the limited jurisdiction, control and regulation of the Commission, and only to the specific provisions of this chapter as provided by NRS 704.675.
(Added to NRS by 1963, 1114; A 2007, 1773)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.675 - Cooperatives, nonprofit corporations and associations supplying services to members only declared public utilities; limited jurisdiction of Commission.

Every cooperative association or nonprofit corporation or association and every other supplier of services described in this chapter supplying those services for the use of its own members only is hereby declared to be affected with a public interest, to be a public utility, and to be subject to the jurisdiction, control and regulation of the Commission for the purposes of NRS 703.191, 704.330, 704.350 to 704.410, inclusive, and 704.7821, but not to any other jurisdiction, control and regulation of the Commission or to the provisions of any section not specifically mentioned in this section.
(Added to NRS by 1963, 1114; A 1967, 1385; 1979, 149, 248; 1981, 1679; 2007, 39; 2019, 14)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.677 - Certificates of public convenience and necessity to be issued to certain cooperatives, nonprofit corporations and associations; contents of statement and certificate.

1. Every cooperative association or nonprofit corporation or association and every other supplier of services described in this chapter which has, prior to April 26, 1963, supplied such services for the use of the public or for the use of its own members, or has constructed facilities to provide such services and has done so prior to March 15, 1963, is hereby entitled to receive a certificate of public convenience and necessity from the Commission to cover such facilities and such area as it served prior to April 26, 1963.
2. Every cooperative association or nonprofit corporation or association and every other supplier of services described in this chapter which has, prior to April 26, 1963, supplied such services and is thereby entitled to a certificate of public convenience and necessity for such facilities and area served shall file with the Commission a statement setting forth:
(a) The name or names of the cooperative association or nonprofit corporation or association, as the case may be, by whom the facilities have been operated.
(b) A physical description of all of the plan and facilities used by such association in rendering such service.
(c) A general description of the area or territory served.
(d) Such other information as the Commission may reasonably prescribe.
3. The Commission shall, within 60 days after receiving such statement, issue a certificate of public convenience and necessity to the cooperative association or nonprofit corporation or association. The certificate of public convenience and necessity shall contain a description of the territory which has been served by such cooperative association or nonprofit corporation or association prior to April 26, 1963, and such territory shall be considered the service area within which the cooperative association or nonprofit corporation or association may conduct its business within the State of Nevada.
(Added to NRS by 1963, 1115)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.684 - Limitations on regulation of broadband service; exceptions.

1. Except as otherwise provided in this section, the Commission shall not regulate any broadband service, including imposing any requirements relating to the terms, conditions, rates or availability of broadband service.
2. The provisions of subsection 1 do not limit or modify the authority of the Commission to:
(a) Consider any revenues, costs and expenses that a small-scale provider of last resort derives from providing a broadband service, if the Commission is determining the rates of the provider under a general rate application that is filed pursuant to subsection 3 of NRS 704.110;
(b) Act on a complaint filed pursuant to NRS 703.310, if the complaint relates to a broadband service that is provided by a public utility;
(c) Include any appropriate gross operating revenue that a public utility derives from providing broadband service when the Commission calculates the gross operating revenue of the public utility for the purposes of levying and collecting the annual assessment in accordance with the provisions of NRS 704.033; or
(d) Determine the rates, pricing, terms and conditions of intrastate switched or special access services provided by a telecommunication provider.
3. The provisions of subsection 1 do not:
(a) Apply to the Commission in connection with any actions or decisions required or permitted by the Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56-161;
(b) Prevent the Commission from exercising its authority pursuant to 47 U.S.C. § 214(e) or § 254(f) relating to the implementation of the federal universal service program, including, without limitation, taking any action within the scope of that authority because of a regulation or order of the Federal Communications Commission; or
(c) Limit or modify:
(1) The duties of a telecommunication provider regarding the provision of network interconnection, unbundled network elements and resold services under the provisions of the Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56-161; or
(2) The authority of the Commission to act pursuant to NRS 704.6881 and 704.6882.
4. As used in this section, "broadband service" means any two-way service that transmits information at a rate that is generally not less than 200 kilobits per second in at least one direction.
(Added to NRS by 2003, 3036; A 2007, 705; 2013, 200)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.685 - Limitations on regulation of Internet Protocol-enabled service or Voice over Internet Protocol service; exceptions.

1. Except as otherwise provided in subsection 2, a state agency or political subdivision of the State may not, directly or indirectly, regulate the rates charged for, service or contract terms for, conditions for, or requirements for entry for Internet Protocol-enabled service or Voice over Internet Protocol service.
2. The provisions of subsection 1 must not be construed to:
(a) Affect or limit the enforcement of criminal or civil laws, including, without limitation, laws concerning consumer protection and unfair or deceptive trade practices, that apply generally to the conduct of business;
(b) Affect, mandate or prohibit:
(1) The assessment of taxes, fees or surcharges which are of general applicability or which are otherwise authorized by statute; or
(2) The levy and collection of the assessment required by NRS 704.033 from a provider of Voice over Internet Protocol service that has a certificate of public convenience and necessity; or
(c) Affect or modify:
(1) Any right or obligation of any telecommunication provider, or the authority granted to the Commission pursuant to 47 U.S.C. §§ 251 and 252, including, without limitation, any authority granted to the Commission to address or affect the resolution of disputes regarding reciprocal compensation and interconnection;
(2) Any obligation relating to the provision of video service by any person pursuant to chapter 711 of NRS;
(3) Any applicable wholesale tariff; or
(4) Any authority granted to the Commission pursuant to 47 U.S.C. §§ 214(e) and 254(f).
3. As used in this section:
(a) "Internet Protocol-enabled service" means any service, functionality or application which uses Internet Protocol or a successor protocol that enables an end-user to send or receive voice, data or video communications. The term does not include Voice over Internet Protocol service.
(b) "Voice over Internet Protocol service" means any service that:
(1) Enables real-time, two-way voice communication originating from or terminating at the user’s location in Internet Protocol or a successor protocol;
(2) Uses a broadband connection from the user’s location; and
(3) Permits a user to receive a call that originates on the public switched telephone network and to terminate a call to the public switched telephone network.
(Added to NRS by 2013, 1946)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.687 - Limitations on exclusion from viewing of televised broadcasts of sporting or other special events; exception.

1. Except as provided in subsections 2 and 3, a televised broadcast of a sporting event or other special event originating within this state must not be excluded from viewing at the time it takes place by persons in the area of the event if all tickets available for sale are sold 24 hours or more before the event.
2. Except as provided in subsection 3, a televised broadcast of an athletic event governed by the National Collegiate Athletic Association or the Association of Intercollegiate Athletics for Women must not be excluded from viewing at the time it takes place by persons in the area of the event if all tickets available for sale are sold 48 hours or more before the event.
3. This section does not apply to sporting events or other special events which are televised for viewing on a closed circuit only.
(Added to NRS by 1979, 823)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.6875 - Customer entitled to written notice of duration of certain calls.

1. Except as otherwise provided in subsection 2, each telecommunication provider shall provide timely written notice to a customer of the duration of each call that is billed to the customer, reported in minutes, seconds or any fraction thereof, if the charges for the telecommunication services are calculated, in whole or in part, on the basis of the duration of the call.
2. The provisions of this section do not apply to measured rate service.
(Added to NRS by 2003, 3036; A 2007, 707)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.6877 - Adoption of regulations regarding notice provided by incumbent local exchange carriers of certain interconnection agreements.

1. The Commission shall by regulation establish a procedure for an incumbent local exchange carrier to provide notice via the Internet of interconnection agreements entered into with another telecommunication provider.
2. The procedure established by the Commission pursuant to this section for providing notice via the Internet is the exclusive method for providing such notice, and the Commission may not require another method of notice.
3. When an incumbent local exchange carrier provides notice via the Internet pursuant to this section, the notice must include a link to the public area of its website where an electronic copy of the interconnection agreements may be obtained.
(Added to NRS by 2007, 686)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.6878 - Adoption of regulations regarding incumbent local exchange carriers and the obligations of providers of last resort.

The Commission shall adopt regulations that establish the obligations of incumbent local exchange carriers as providers of last resort giving due consideration to the status of the incumbent local exchange carriers as either competitive suppliers or small-scale providers of last resort.
(Added to NRS by 2007, 686; A 2013, 1948)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.6881 - Establishment of standards and penalties to encourage competition and discourage discrimination in provision of local telecommunication services; regulations.

The Commission may, by regulation:
1. Establish standards of performance and reporting regarding the provision of interconnection, unbundled network elements and resold services, which encourage competition and discourage discriminatory conduct in the provision of local telecommunication services; and
2. Notwithstanding the provisions of NRS 703.320 to the contrary, establish penalties and expedited procedures for imposing penalties upon a telecommunication provider for actions that are inconsistent with the standards established by the Commission pursuant to subsection 1, if any. Such penalties may include financial payment to the complaining telecommunication provider for a violation of the standards established by the Commission pursuant to subsection 1, if any, provided that any penalty paid must be deducted, with interest, from any other award under any other judicial or administrative procedure for the same conduct in the same reporting period. Any penalty imposed pursuant to this subsection is in lieu of the administrative fine set forth in NRS 703.380 and must be:
(a) Imposed for violating a standard or standards established by regulations of the Commission pursuant to subsection 1;
(b) Determined by the Commission to further the goal of encouraging competition or discouraging discriminatory conduct; and
(c) In an amount reasonable to encourage competition or discourage discriminatory conduct.
(Added to NRS by 1999, 1319; A 2007, 39, 708; 2015, 1109)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.6882 - Establishment of expedited procedures for certain complaints filed by provider against another provider; regulations.

Notwithstanding the provisions of NRS 703.310 and 703.320, the Commission shall establish by regulation expedited procedures for complaints filed by a telecommunication provider against another telecommunication provider for any dispute arising under this chapter, including, without limitation, a dispute arising under the standards set forth in NRS 704.68887, or arising under chapter 703 of NRS. The regulations may include, without limitation, specific procedures for interim relief that may include a preliminary decision by a single Commissioner except as to the imposition of monetary penalties.
(Added to NRS by 1999, 1319; A 2007, 708)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.6883 - Judicial review of certain decisions of Commission.

Any judicial review of a decision by the Commission pursuant to NRS 704.6881 and 704.6882 must be made in accordance with NRS 703.373 to 703.376, inclusive.
(Added to NRS by 1999, 1319)—(Substituted in revision for NRS 704.283)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.6884 - Providers required to comply with state and federal consumer and antitrust protections; providers subject to laws governing unfair trade practices for violations of standards established by Commission.

The provisions of NRS 704.6881 to 704.6884, inclusive, must not be construed to exempt telecommunication providers from any other applicable statute of this State or the United States relating to consumer and antitrust protections. The exemption provided in paragraph (c) of subsection 3 of NRS 598A.040 does not apply to conduct of, or actions taken by, a telecommunication provider in violation of the standards established pursuant to subsection 1 of NRS 704.6881, if any.
(Added to NRS by 1999, 1319; A 2007, 708; 2015, 1110)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.68861 - Applicability.

1. Except as otherwise provided in this section, any telecommunication provider operating within this State is a competitive supplier that is subject to the provisions of NRS 704.68861 to 704.68887, inclusive.
2. A small-scale provider of last resort is not a competitive supplier that is subject to the provisions of NRS 704.68861 to 704.68887, inclusive, unless the small-scale provider of last resort is authorized by the Commission pursuant to NRS 704.68869 to be regulated as a competitive supplier.
(Added to NRS by 2007, 686; A 2013, 1948; 2021, 1749)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.68863 - Powers and duties under certain federal and state laws preserved.

The provisions of NRS 704.68861 to 704.68887, inclusive, do not:
1. Apply to the Commission in connection with any actions or decisions required or permitted by the Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56-161; or
2. Limit or modify:
(a) The duties of a competitive supplier that is an incumbent local exchange carrier regarding the provision of network interconnection, unbundled network elements and resold services under the provisions of the Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56-161; or
(b) The authority of the Commission to act pursuant to NRS 704.6881 and 704.6882.
(Added to NRS by 2007, 687; A 2013, 1948; 2021, 1749)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.68869 - Regulation of small-scale provider of last resort as competitive supplier: Application; grant or denial of application by Commission.

1. A small-scale provider of last resort may apply to the Commission to be regulated as a competitive supplier pursuant to NRS 704.68861 to 704.68887, inclusive.
2. The Commission may grant the application if it finds that the public interest will be served by allowing the small-scale provider of last resort to be regulated as a competitive supplier.
3. If the Commission denies the application, the small-scale provider of last resort:
(a) May not be regulated as a competitive supplier but remains subject to regulation pursuant to this chapter as a telecommunication provider; and
(b) May not submit another application to be regulated as a competitive supplier sooner than 1 year after the date the most recent application was denied, unless the Commission, upon a showing of good cause or changed circumstances, allows the provider to submit another application sooner.
(Added to NRS by 2007, 688; A 2013, 1949)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.68871 - Exemption from review and monitoring of certain financial data; limited financial and accounting requirements.

1. Except as otherwise provided by NRS 704.688795, a competitive supplier is not subject to any review of earnings or monitoring of the rate base or any other regulation by the Commission relating to the net income or rate of return of the competitive supplier, and the Commission shall not consider the rate of return, the rate base or any other earnings of the competitive supplier in carrying out the provisions of NRS 704.68861 to 704.68887, inclusive.
2. On or before May 15 of each year, a competitive supplier shall file with the Commission an annual statement of income, a balance sheet, a statement of cash flows for the total operations of the competitive supplier and a statement of intrastate service revenues, each prepared in accordance with generally accepted accounting principles.
3. Except as otherwise provided by NRS 704.688795, a competitive supplier is not required to submit any other form of financial report or comply with any other accounting requirements, including, without limitation, requirements relating to depreciation and affiliate transactions, imposed upon a public utility by this chapter, chapter 703 of NRS or the regulations of the Commission.
(Added to NRS by 2007, 688; A 2013, 1949; 2021, 1749)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.68873 - Exemption from regulation of telecommunication service; exceptions.

1. Except as otherwise provided in NRS 704.68861 to 704.68887, inclusive, a competitive supplier:
(a) Is exempt from the provisions of NRS 704.100 and 704.110 and the regulations of the Commission relating thereto and from any other provision of this chapter governing the rates, pricing, terms and conditions of any telecommunication service; and
(b) May exercise complete flexibility in the rates, pricing, terms and conditions of any telecommunication service.
2. The rates, pricing, terms and conditions of intrastate switched or special access service provided by a competitive supplier that is an incumbent local exchange carrier and the applicability of such access service to intrastate interexchange traffic are subject to regulation by the Commission, which must be consistent with federal law, unless the Commission deregulates intrastate switched or special access service pursuant to NRS 704.68879.
3. A competitive supplier that is an incumbent local exchange carrier shall use a letter of advice to change any rates, pricing, terms and conditions of intrastate switched or special access service, universal lifeline service or access to emergency 911 service. A letter of advice submitted pursuant to this subsection shall be deemed approved if the Commission does not otherwise act on the letter of advice within 120 days after the date on which the letter is filed with the Commission.
(Added to NRS by 2007, 689; A 2013, 1949)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.68875 - Exemption from filing schedules or tariffs; requirements regarding publication of certain rate and service information.

1. Except as otherwise provided by NRS 704.688795, a competitive supplier is not required to maintain or file any schedule or tariff with the Commission.
2. For any area in which a competitive supplier is a provider of last resort, the competitive supplier:
(a) Shall publish the rates, pricing, terms and conditions of basic network service by:
(1) Posting such rates, pricing, terms and conditions electronically on a publicly available Internet website maintained by the competitive supplier;
(2) Maintaining for inspection by the public a copy of such rates, pricing, terms and conditions at the principal office in Nevada of the competitive supplier; or
(3) Delivering to the customer a copy of the rates, pricing, terms and conditions in writing with the first invoice, billing statement or other written summary of charges for the telecommunication service provided by the competitive supplier to the customer; and
(b) May publish the rates, pricing, terms and conditions of other telecommunication service by:
(1) Posting such rates, pricing, terms and conditions electronically on a publicly available Internet website maintained by the competitive supplier;
(2) Maintaining for inspection by the public a copy of such rates, pricing, terms and conditions at the principal office in Nevada of the competitive supplier; or
(3) Delivering to the customer a copy of the rates, pricing, terms and conditions in writing with the first invoice, billing statement or other written summary of charges for the telecommunication service provided by the competitive supplier to the customer.
3. A competitive supplier that provides an inmate calling service shall publish the rates, pricing, terms and conditions of the inmate calling service by:
(a) Posting such rates, pricing, terms and conditions electronically on a publicly available Internet website maintained by the competitive supplier;
(b) Maintaining for inspection by the public a copy of such rates, pricing, terms and conditions at the principal office in Nevada of the competitive supplier; and
(c) Delivering to the customer a copy of the rates, pricing, terms and conditions in writing with the first invoice, billing statement or other written summary of charges for the telecommunication service provided by the competitive supplier to the customer.
(Added to NRS by 2007, 689; A 2013, 1950; 2021, 1749)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.68879 - Requirements regarding access to emergency 911 service; requirements and procedure regarding deregulation of intrastate switched or special access service.

1. A competitive supplier shall provide access to emergency 911 service and shall not discontinue such access.
2. The Commission may, upon its own motion or the petition of any person, deregulate intrastate switched or special access service provided by a competitive supplier. Unless the Commission deregulates such access service pursuant to this subsection, the rates, pricing, terms and conditions of such access service are subject to tariff regulation by the Commission.
3. If the Commission receives a petition pursuant to subsection 2, the Commission shall act upon the petition not later than 120 days after the date the Commission receives the petition.
(Added to NRS by 2007, 691)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.688795 - Requirements regarding inmate calling service: Filing of schedule or tariff with Commission for approval; schedule or tariff requirements; submission of revised schedule or tariff upon revision of rate cap or limitation by Commission.

1. Before providing an inmate calling service, a competitive supplier must file with the Commission, for its approval, a schedule or tariff that specifies the rates, pricing, terms and conditions applicable to the inmate calling service to be provided.
2. The Commission:
(a) Shall approve any schedule or tariff that specifies rates, pricing, terms and conditions that:
(1) Do not exceed a rate cap prescribed by the Commission; and
(2) Comply with any limitation prescribed by the Commission.
(b) May approve a schedule or tariff that specifies rates, pricing, terms and conditions that exceed a rate cap or fail to comply with a limitation prescribed by the Commission pursuant to the procedure for approval prescribed by regulations adopted by the Commission pursuant to NRS 704.6888.
3. A competitive supplier that files with the Commission a schedule or tariff that exceeds a rate cap or fails to comply with a limitation prescribed by the Commission shall submit with the schedule or tariff:
(a) A statement that demonstrates that the rate cap or limitation is not a just or reasonable rate or limitation for the competitive supplier; and
(b) Proof that the competitive supplier participated in a public hearing conducted by the Commission for the purposes of establishing the rate cap or limitation.
4. A competitive supplier shall submit a revised schedule or tariff within 30 days after the date on which the Commission revises a rate cap or limitation if the schedule or tariff on file with the Commission for the competitive supplier exceeds the revised rate cap or fails to comply with the revised limitation.
(Added to NRS by 2021, 1747)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.6888 - Requirements regarding inmate calling service: Regulations; annual review and any necessary revision of rate cap or limitation by Commission.

1. The Commission shall adopt regulations governing the provision of an inmate calling service, which must prescribe a procedure for:
(a) Establishing rate caps for inmate calling services in an amount that does not exceed any rate caps prescribed by the Federal Communications Commission for providers of interstate or international inmate calling services;
(b) Defining and limiting ancillary service charges that providers may charge users of inmate calling services in a manner consistent with any limitations on such charges prescribed by the Federal Communications Commission for providers of interstate or international inmate calling services;
(c) Limiting the taxes or fees that providers may charge users of inmate calling services in a manner consistent with any limitations on the collection of any taxes or fees prescribed by the Federal Communications Commission for providers of interstate or international inmate calling services; and
(d) Approving a schedule or tariff that exceeds a rate cap or fails to comply with a limitation established by the Commission in accordance with this subsection.
2. The Commission shall annually review and, if necessary, revise a rate cap or limitation established by the Commission pursuant to the procedure required by regulations adopted pursuant to subsection 1.
3. As used in this section, "ancillary service charge" means a charge relating to the use of inmate calling services that is not included in the per-minute charge assessed for a call.
(Added to NRS by 2021, 1748)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.68881 - Authority of provider of last resort to satisfy obligations through alternative voice service; conditions and limitations.

1. For any area in which a competitive supplier is a provider of last resort, the competitive supplier may satisfy its obligation as a provider of last resort through an alternative voice service.
2. The Commission may not exercise jurisdiction over an alternative voice service used by a competitive supplier or its affiliate to satisfy the competitive supplier’s obligation as a provider of last resort, including, without limitation, determining the rates, pricing, terms, conditions or availability of an alternative voice service.
3. The use of an alternative voice service provided by a competitive supplier or an affiliate of the competitive supplier to satisfy the competitive supplier’s obligation as a provider of last resort does not affect any obligation of the competitive supplier:
(a) As an incumbent local exchange carrier pursuant to federal law.
(b) Pursuant to NRS 704.033.
4. As used in this section, "alternative voice service" means a retail voice service made available through any technology or service arrangement that provides:
(a) Voice-grade access to the public switched telephone network; and
(b) Access to emergency 911 service.
(Added to NRS by 2007, 691; A 2013, 1951)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.68883 - Permitted billing practices if customer charged fixed price or amount for package of services.

If a competitive supplier charges a customer a fixed price or amount for a package of services, the competitive supplier, in any bill or statement for the package of services, is permitted to specify only the fixed price or amount for the package of services and is not required to:
1. Identify each separate service or component included in the package of services; or
2. Specify the unit price or amount charged for each separate service or component included in the package of services.
(Added to NRS by 2007, 692)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.68885 - Requirements regarding discontinuation of service.

1. A competitive supplier that is not a provider of last resort may discontinue any telecommunication service by providing written notice, not less than 10 days before the date of the discontinuation, to any customer of that service and the Commission.
2. A competitive supplier that is a provider of last resort may:
(a) Discontinue any telecommunication service, except basic network service, by providing written notice, not less than 10 days before the date of the discontinuation, to any customer of that service and the Commission.
(b) Apply to the Commission to discontinue basic network service to all or a portion of the service territory of the competitive supplier on terms that are in the public interest.
(Added to NRS by 2007, 692)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.68887 - Anticompetitive acts and unlawful discrimination prohibited.

In exercising flexibility in the rates, pricing, terms and conditions of any telecommunication service, a competitive supplier that is an incumbent local exchange carrier shall not engage in any anticompetitive act or practice or unlawfully discriminate among similarly situated customers.
(Added to NRS by 2007, 692)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.701 - Definitions.

As used in NRS 704.701 to 704.731, inclusive, unless the context otherwise requires:
1. "Coal" includes anthracite, bituminous or subbituminous coal, and lignite.
2. "Cost of the conversion" means the cost determined by the Commission to be reasonable and necessary for a conversion, including the cost of:
(a) Engineering, administration and any legal expenses;
(b) Environmental studies and control equipment;
(c) Equipment and facilities for the handling, storage and combustion of coal;
(d) Equipment and facilities for the handling, storage and disposal of the resulting waste, regardless of their location;
(e) Adapting or refurbishing boilers to permit the combustion of coal; and
(f) Interest and other expenses relating to the financing of the conversion,
whether or not those costs are incurred before the date of initial conversion. The term does not include any costs incurred to expand the facility’s generating capacity during the conversion.
3. "Cost saved" means the difference in cost between an amount of coal and an equal amount of gas or oil calculated on the basis of British thermal units.
4. "Date of initial conversion" means the first day on which an existing facility for the generation of electricity which was fired by gas or oil generates electricity for continuous distribution to customers by the combustion of coal, whether or not additional work must be performed to complete construction on or the conversion of the facility.
(Added to NRS by 1983, 751)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.706 - Conversion of facility to allow firing by coal: Application for adjustment of rates; public hearing.

1. A public utility proposing to convert an existing facility in this state for the generation of electricity which is fired by gas or oil to a facility which is also capable of being fired by coal may apply to the Commission for an adjustment in its rates to permit its recovery of the cost of the conversion.
2. After receipt of such an application, the Commission shall hold a public hearing within 120 days to consider whether to authorize such an adjustment and, if authorized, the methods to be used to permit the recovery.
(Added to NRS by 1983, 752)