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2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7985 - Restrictions on persons performing work on or near electric infrastructure.

1. Except as otherwise provided in subsections 2 and 3, a person shall not perform work on the electric infrastructure of an electric utility, including, without limitation, the construction, installation, maintenance, repair or removal of such infrastructure, unless the person is a qualified electrical worker.
2. An apprentice electrical lineman may perform work on the electric infrastructure of an electric utility, including, without limitation, the construction, installation, maintenance, repair or removal of such infrastructure, under the direct supervision of a qualified electrical worker.
3. The Commission may authorize a person who is not an employee of an electric utility to perform tree trimming related to line clearance in an easement or right-of-way dedicated or restricted for use by an electric utility. If a person who is not an employee of an electric utility performs tree trimming related to line clearance in such an easement or right-of-way, the tree trimming must be performed under the direction of an arborist certified by the International Society of Arboriculture.
4. As used in this section:
(a) "Apprentice electrical lineman" means a person employed and individually registered in a bona fide electrical lineman apprenticeship program with:
(1) The Office of Apprenticeship of the Employment and Training Administration of the United States Department of Labor or its successor agency; or
(2) The State Apprenticeship Council pursuant to chapter 610 of NRS.
(b) "Electric utility" has the meaning ascribed to it in NRS 704.7571.
(c) "Qualified electrical worker" means:
(1) A person who has completed an electrical lineman apprenticeship program lasting at least 4 years that was approved by the Office of Apprenticeship of the Employment and Training Administration of the United States Department of Labor or its successor agency or the State Apprenticeship Council pursuant to chapter 610 of NRS; or
(2) A person who has completed 10,000 hours or more as a journeyman lineman and has performed at least 1,500 hours of documented live-line work on electrical conductors at a voltage of at least 4,160 kilovolts.
(Added to NRS by 2019, 556)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.79871 - Definitions.

As used in NRS 704.79871 to 704.7988, inclusive, unless the context otherwise requires, the words and terms defined in NRS 704.79872 to 704.79876, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2021, 3783)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.79875 - "High-voltage transmission infrastructure" defined.

"High-voltage transmission infrastructure" means bulk transmission lines capable of transmitting electricity at a voltage of 345 kilovolts or more, and associated electrical substations and substation expansions to accommodate the transmission lines.
(Added to NRS by 2021, 3783)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.79876 - "Transmission infrastructure for a clean energy economy plan" or "plan" defined.

"Transmission infrastructure for a clean energy economy plan" or "plan" means a plan filed by an electric utility with the Commission pursuant to NRS 704.79877.
(Added to NRS by 2021, 3784)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.79878 - Utility required to mitigate costs of plan implementation; utility that requests recovery of such costs required to propose rate method or mechanism to mitigate certain increase in total revenue requirement in certain general rate proceedings; acceptance or rejection of rate method or mechanism by Commission; amount of recovery if rate method or mechanism implemented.

1. In implementing a transmission infrastructure for a clean energy economy plan, an electric utility shall mitigate costs to the extent possible by utilizing available federal tax incentives and federal funding, including, without limitation, direct and indirect grants and loan guarantees.
2. If, in any general rate proceeding filed by an electric utility pursuant to NRS 704.110 or 704.7621, the electric utility includes a request for recovery of any amount related to the implementation of a transmission infrastructure for a clean energy economy plan and the recovery of such an amount would result in an increase in the electric utility’s total revenue requirement of more than 10 percent, the utility must propose a rate method or mechanism by which such an increase may be mitigated. The Commission may accept or reject such a rate method or mechanism and is not obligated to implement any proposed mitigation plan. If a rate method or mechanism is implemented to mitigate an increase in the electric utility’s total revenue requirement pursuant to this section, the electric utility is entitled to recover all of its prudently and reasonably incurred costs and a return on its investment. Nothing in this subsection shall be construed as requiring the Commission to provide a financial incentive to an electric utility.
(Added to NRS by 2021, 3786)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7988 - Modifications recommended by the Commission; actions by utility.

If the Commission deems inadequate any portion of a transmission infrastructure for a clean energy economy plan or any amendment to the plan, the Commission, as provided in NRS 704.751, may recommend to the electric utility a modification of that portion of the plan or amendment, and the electric utility may:
1. Accept the modification; or
2. Withdraw the proposed plan or amendment.
(Added to NRS by 2021, 3786)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.79881 - Definitions.

As used in NRS 704.79881 to 704.7989, inclusive, unless the context otherwise requires, the words and terms defined in NRS 704.79882 to 704.79885, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2021, 3786)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.79882 - "Regional transmission organization" defined.

"Regional transmission organization" means an entity established for the purpose of coordinating and efficiently managing the dispatch and transmission of electricity among public utilities on a multistate or regional basis that:
1. Is approved by the Federal Energy Regulatory Commission;
2. Effectuates separate control of transmission facilities from control of generation facilities;
3. Implements, to the extent reasonably possible, policies and procedures designed to minimize pancaked transmission rates;
4. Improves service reliability within this State;
5. Achieves the objectives of an open and competitive wholesale electric generation marketplace, elimination of barriers to market entry and preclusion of control of bottleneck electric transmission facilities in the provision of retail electric service;
6. Is of sufficient scope or otherwise operates to substantially increase economical supply options for customers;
7. Has a structure of governance or control that is independent of the users of the transmission facilities, and no member of its board of directors has an affiliation with a user or with an affiliate of a user during the member’s tenure on the board so as to unduly affect the regional transmission organization’s performance;
8. Operates under policies that promote positive performance designed to satisfy the electricity requirements of customers;
9. Has an inclusive and open stakeholder process that does not place unreasonable burdens on or preclude meaningful participation by any stakeholder group;
10. Promotes and assists new economic development in this State; and
11. Is capable of maintaining real-time reliability of the transmission system, ensuring comparable and nondiscriminatory access and necessary service, minimizing system congestion and further addressing real or potential transmission constraints.
(Added to NRS by 2021, 3786)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.79886 - Commission to require transmission providers to join regional transmission organization; waiver or delay of requirement.

1. Except as otherwise provided in subsection 2, the Commission shall require every transmission provider in this State to join a regional transmission organization on or before January 1, 2030.
2. Upon application by a transmission provider, the Commission may waive or delay the requirement in subsection 1 if:
(a) The transmission provider files an application with the Commission on or before January 1, 2027, requesting the waiver or delay;
(b) The transmission provider demonstrates:
(1) That the transmission provider has made all reasonable efforts to comply with the requirement but is unable to find a viable and available regional transmission organization that the transmission provider can join on or before January 1, 2030; or
(2) That it would not be in the best interests of the transmission provider and its customers to join a regional transmission organization on or before January 1, 2030; and
(c) The Commission determines that it is in the public interest to grant the requested waiver or delay.
(Added to NRS by 2021, 3787)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.79888 - Regional Transmission Coordination Task Force: Meetings; working groups; guidelines for operation; quorum. [Effective through December 31, 2031.]

1. The Task Force shall meet at least two times each year at the call of the Chair.
2. The Chair may appoint working groups, chaired by one or more members of the Task Force and composed of persons with subject matter expertise, to aid in the work of the Task Force.
3. The Chair may issue guidelines for the operation of the Task Force and amend those guidelines as needed for the management and governance of the Task Force. The Chair shall identify and approve the scope of work and issues to be addressed by the Task Force and any working group.
4. A majority of the voting members of the Task Force constitutes a quorum, and a quorum may exercise all the powers conferred on the Task Force.
(Added to NRS by 2021, 3788)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.79889 - Regional Transmission Coordination Task Force: Duties; biennial report. [Effective through December 31, 2031.]

1. The Task Force shall advise the Governor and the Legislature on:
(a) The potential costs and benefits to transmission providers and their customers in this State of forming or joining a regional transmission organization which provides access to an organized competitive regional wholesale electricity market;
(b) Policies that will accommodate entrance by transmission providers in this State into a regional transmission organization by January 1, 2030;
(c) Policies that will site transmission facilities necessary to achieve this State’s clean energy and economic development goals;
(d) Potential areas in this State where growth in demand for electricity or growth in renewable energy generation would be accommodated by additional transmission or regional market opportunities; and
(e) Businesses and industries that could locate in this State as a result of this State’s position in an organized competitive regional wholesale electricity market.
2. The Task Force shall, not later than November 30, 2022, and every 2 years thereafter, submit to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a report on its activities, including any recommended legislation needed to enable entrance by transmission providers in this State into a regional transmission organization.
(Added to NRS by 2021, 3789)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7989 - Regional Transmission Coordination Task Force: Administrative support; engagement of third-party consultant. [Effective through December 31, 2031.]

1. The Office of Energy shall provide the personnel, facilities, equipment and supplies required by the Task Force to carry out the provisions of NRS 704.79887 to 704.7989, inclusive.
2. To aid and inform the Task Force in carrying out its duties pursuant to NRS 704.79889, the Commission, in consultation with the Task Force, may engage a knowledgeable and independent third party to analyze all factors deemed necessary to assess the potential costs and benefits to transmission providers and their customers of forming or joining a regional transmission organization.
(Added to NRS by 2021, 3789)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.805 - Unlawful acts involving trespass or theft or damage to property: Civil remedies.

1. Any public utility may bring a civil action for damages against any person who:
(a) Willfully and knowingly obtains, attempts to obtain or solicits, aids or abets another to obtain any service provided by the public utility by:
(1) Opening, breaking into, tapping or connecting with any pipe, flume, ditch, conduit, reservoir, wire, meter or other apparatus owned or used by another person;
(2) Bypassing any meter or other instrument used to register the quantity consumed or supplied; or
(3) Altering, disconnecting, removing, injuring or preventing the action of any meter or other instrument used to register the quantity consumed or supplied; or
(b) Violates subsection 2 of NRS 704.800,
and recover a sum equal to treble the amount of the actual damages, plus all reasonable costs and expenses incurred by the public utility because of that conduct, including the cost of equipment, investigating the matter and expert witnesses and attorney’s fees.
2. There is a rebuttable presumption that the person responsible for payment for the delivery of the service of a public utility to any premises caused or had knowledge of any act specified in paragraph (a) of subsection 1 if the person:
(a) Is the occupant of the premises; or
(b) Has any access to the system for delivery of the service to the premises.
3. The presumption provided in subsection 2 only shifts the burden of going forward with the evidence and does not shift the burden of proof to the defendant.
4. A person who willfully or negligently injures or destroys the property of a public utility which is used in the actual production, distribution or delivery of the service provided by the public utility is liable to the public utility for the cost of the repair or replacement of the property injured or destroyed, including the direct and indirect costs attributable to the repair or replacement but subtracting the value, if any, of salvage.
5. Nothing in this section abridges or alters any other right of action or remedy available to a public utility before or after July 1, 1985.
6. As used in this section, "direct and indirect costs attributable to repair or replacement" include, but are not limited to, costs for:
(a) Labor;
(b) Materials;
(c) Supervision of employees;
(d) Supplies;
(e) Tools;
(f) Taxes;
(g) Transportation;
(h) General and administrative expenses;
(i) Allocable benefits for employees;
(j) Allowances for meals; and
(k) Any other related expenses.
(Added to NRS by 1985, 1037; A 1987, 518; 2023, 2975)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.825 - Declaration of legislative findings and purpose.

1. The Legislature hereby finds and declares that:
(a) There is at present and will continue to be a growing need for electric, gas and water services which will require the construction of new facilities. It is recognized that such facilities cannot be built without in some way affecting the physical environment where such facilities are located.
(b) It is essential in the public interest to minimize any adverse effect upon the environment and upon the quality of life of the people of the State which such new facilities might cause.
(c) Present laws and practices relating to the location of such utility facilities should be strengthened to protect environmental values and to take into account the total cost to society of such facilities.
(d) Existing provisions of law may not provide adequate opportunity for natural persons, groups interested in conservation and the protection of the environment, state and regional agencies, local governments and other public bodies to participate in proceedings regarding the location and construction of major facilities.
2. The Legislature, therefore, hereby declares that it is the purpose of NRS 704.820 to 704.900, inclusive, to provide a forum for the expeditious resolution of all matters concerning the location and construction of electric, gas and water transmission lines and associated facilities.
(Added to NRS by 1971, 554; A 1985, 2051; 1997, 489, 1914)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.830 - Definitions.

As used in NRS 704.820 to 704.900, inclusive, unless the context otherwise requires, the words and terms defined in NRS 704.834 to 704.860, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1971, 554; A 1973, 1263; 1985, 2298; 2001, 2986)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.840 - "Commence to construct" defined.

"Commence to construct" means any clearing of land, excavation or other action which would adversely affect the natural environment of the site or route of a utility facility, but does not include changes needed for temporary use of sites or routes for nonutility purposes, or uses in securing geological data, including necessary borings to ascertain foundation conditions.
(Added to NRS by 1971, 555)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.848 - "Other permitting entity" defined.

1. "Other permitting entity" means any state or local entity:
(a) That is responsible for the enforcement of environmental laws and whose approval is required for the construction of a utility facility, including, without limitation, the State Environmental Commission, the State Department of Conservation and Natural Resources and a local air pollution control board; or
(b) Whose approval is required for granting any variance, special use permit, conditional use permit or other special exception under NRS 278.010 to 278.319, inclusive, or 278.640 to 278.675, inclusive, or any regulation or ordinance adopted pursuant thereto, that is required for the construction of a utility facility.
2. The term does not include the Commission or the State Engineer.
(Added to NRS by 2001, 2984; A 2013, 3211)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.850 - "Person" defined.

"Person" includes a natural person, corporation, partnership, public utility, government, governmental agency, political subdivision of a government and any other entity that seeks to construct a utility facility.
(Added to NRS by 1971, 555; A 1985, 539; 1997, 1914)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.855 - "Public utility" and "utility" defined.

1. "Public utility" or "utility" includes those public utilities defined in NRS 704.020 and not excluded by NRS 704.021 and any oil pipeline carrier described and regulated under chapter 708 of NRS.
2. "Public utility" does not include plants or equipment used to generate electrical energy that is wholly consumed on the premises of and by the producer thereof.
(Added to NRS by 1971, 555; A 1973, 1035; 1983, 2003; 1985, 2051, 2298; 1987, 288; 1997, 1914)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.860 - "Utility facility" defined.

"Utility facility" means:
1. Electric generating plants and their associated facilities, except electric generating plants and their associated facilities which use or will use renewable energy, as defined in NRS 704.7715, as their primary source of energy to generate electricity and which have or will have a nameplate capacity of not more than 70 megawatts, including, without limitation, a net metering system, as defined in NRS 704.771. As used in this subsection, "associated facilities" includes, without limitation, any facilities for the storage, transmission or treatment of water, including, without limitation, facilities to supply water or for the treatment or disposal of wastewater, which support or service an electric generating plant.
2. Electric transmission lines and transmission substations that:
(a) Are designed to operate at 200 kilovolts or more;
(b) Are not required by local ordinance to be placed underground; and
(c) Are constructed outside any incorporated city.
3. Gas transmission lines, storage plants, compressor stations and their associated facilities when constructed outside any incorporated city.
4. Water storage, transmission and treatment facilities, other than facilities for the storage, transmission or treatment of water from mining operations.
5. Sewer transmission and treatment facilities.
(Added to NRS by 1971, 555; A 1979, 671; 1985, 2051; 1991, 376; 1997, 489, 1915; 2001, 2986; 2005, 1818; 2007, 1774, 3007; 2009, 2752; 2019, 25)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.863 - Applicability.

1. Notwithstanding any specific statute, regulation or ordinance to the contrary, the process for the issuance by the Commission or any other permitting entity of a permit, license or other approval for the construction of a utility facility which is subject to the provisions of NRS 704.820 to 704.900, inclusive, must be conducted in accordance with those provisions.
2. No provision of NRS 704.820 to 704.900, inclusive, exempts or is intended to exempt the construction of a utility facility from any requirements that are or may be imposed on the construction of the utility facility by the Federal Government.
(Added to NRS by 2001, 2985)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.865 - Permit required to construct utility facility; transfer of permit; exemptions; waiver of exemption.

1. A person, other than a local government, shall not commence to construct a utility facility in the State without first having obtained a permit therefor from the Commission. The replacement of an existing facility with a like facility, as determined by the Commission, does not constitute construction of a utility facility. Any facility, with respect to which a permit is required, must thereafter be constructed, operated and maintained in conformity with the permit and any terms, conditions and modifications contained therein. A permit may only be issued pursuant to NRS 704.820 to 704.900, inclusive. Any authorization relating to a utility facility granted under other laws administered by the Commission constitutes a permit under those sections if the requirements of those sections have been complied with in the proceedings leading to the granting of the authorization.
2. A permit may be transferred, subject to the approval of the Commission, to a person who agrees to comply with the terms, conditions and modifications contained therein.
3. NRS 704.820 to 704.900, inclusive, do not apply to any utility facility:
(a) For which, before July 1, 1971, an application for the approval of the facility has been made to any federal, state, regional or local governmental agency which possesses the jurisdiction to consider the matters prescribed for finding and determination in NRS 704.890;
(b) For which, before July 1, 1971, a governmental agency has approved the construction of the facility and the person has incurred indebtedness to finance all or part of the cost of the construction;
(c) Over which an agency of the Federal Government has exclusive jurisdiction; or
(d) Owned by a supplier of services described in NRS 704.673 or 704.675 that:
(1) Is not jointly owned by or with an entity that is not such a supplier of services; and
(2) Is subject to the provisions of the National Environmental Policy Act of 1969, 42 U.S.C. §§ 4321 et seq.
4. Any person intending to construct a utility facility excluded from NRS 704.820 to 704.900, inclusive, pursuant to paragraph (a) or (b) of subsection 3 may elect to waive the exclusion by delivering notice of its waiver to the Commission. NRS 704.820 to 704.900, inclusive, thereafter apply to each utility facility identified in the notice from the date of its receipt by the Commission.
(Added to NRS by 1971, 555; A 1985, 2299; 1991, 376; 2007, 832)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.871 - Approval of application for utility facility not intended to serve customers in State.

If the Commission approves an application submitted by a public utility pursuant to NRS 704.820 to 704.900, inclusive, for a utility facility which is not intended to serve customers in this State and the cost of which will not be included in the rates of that public utility, the public utility is not required to include the utility facility in any plan filed pursuant to NRS 704.741.
(Added to NRS by 2013, 3210)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.873 - Commission has exclusive jurisdiction to determine need for utility facilities of certain public utilities; other permitting entities precluded from considering need.

If a public utility that is subject to the provisions of NRS 704.736 to 704.754, inclusive, applies to the Commission for a permit for the construction of a utility facility:
1. The Commission has exclusive jurisdiction with regard to the determination of whether a need exists for the utility facility; and
2. No other permitting entity may consider, in its review of any application for a permit, license or other approval for the construction of the utility facility, whether a need exists for the utility facility.
(Added to NRS by 2001, 2985; A 2009, 1000)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.875 - Review of application by Division of Environmental Protection of State Department of Conservation and Natural Resources.

The Division of Environmental Protection of the State Department of Conservation and Natural Resources shall review each application filed and may participate in any proceeding held pursuant to NRS 704.880.
(Added to NRS by 1971, 556; A 1973, 1264; 1997, 6)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.877 - Duty to accept and incorporate findings and conclusions of environmental review that already has been conducted; duplicative review prohibited; exception; duty to cooperate and coordinate to avoid duplication of activities.

1. Except as otherwise provided in this subsection, if an environmental review relating to the construction of a utility facility in its entirety, or to the construction of any portion of a utility facility, has already been conducted by an appropriate federal agency or by a state, regional or local agency, the Commission and each other permitting entity:
(a) Shall accept and incorporate the findings and conclusions made in that review into any application for a permit, license or other approval for the construction of the utility facility which is filed with the Commission or other permitting entity; and
(b) Shall not conduct any duplicative environmental review on the application.
The Commission or other permitting entity need not comply with the provisions of this subsection if the Commission or other permitting entity has already completed its own environmental review.
2. The Commission and other permitting entities shall cooperate with each other and the appropriate federal agencies on applications for permits, licenses and other approvals to construct a utility facility and coordinate their activities, including, without limitation, conducting hearings or environmental reviews, to avoid duplication of activities.
(Added to NRS by 2001, 2985)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.880 - Power of Commission to dispense with hearing for certain applications; practice and procedure at hearings.

The Commission, in its discretion, may dispense with the hearing on the application if, upon the expiration of the time fixed in the notice thereof, no protest against the granting of the permit has been filed by or in behalf of any interested party. The conduct of the hearing shall be the same as set forth in the applicable Rules of Practice and Procedure before the Commission.
(Added to NRS by 1971, 556)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.885 - Parties to proceeding for permit; limited appearance; intervention.

1. The parties to a permit proceeding include:
(a) The applicant.
(b) The Division of Environmental Protection of the State Department of Conservation and Natural Resources.
(c) Each local government entitled to receive service of a copy of the application pursuant to subsection 4 of NRS 704.870, if it has filed with the Commission a notice of intervention as a party, within the time frame established by the Commission pursuant to subsection 5 of NRS 704.870.
(d) Any natural person residing in a local government entitled to receive service of a copy of the application pursuant to subsection 4 of NRS 704.870, if such a person has petitioned the Commission for leave to intervene as a party within the time frame established by the Commission pursuant to subsection 5 of NRS 704.870 and if the petition has been granted by the Commission for good cause shown.
(e) Any domestic nonprofit corporation or association, formed in whole or in part to promote conservation of natural beauty, to protect the environment, personal health or other biological values, to preserve historical sites, to promote consumer interests, to represent commercial and industrial groups, or to promote the orderly development of the areas in which the facility is to be located, if it has filed with the Commission a notice of intent to be a party within the time frame established by the Commission pursuant to subsection 5 of NRS 704.870.
2. Any person may make a limited appearance in the proceeding by filing a statement of position within the time frame established by the Commission pursuant to subsection 5 of NRS 704.870. A statement filed by a person making a limited appearance becomes part of the record. No person making a limited appearance has the right to present oral testimony or cross-examine witnesses.
3. The Commission may, for good cause shown, grant a petition for leave to intervene as a party to participate in subsequent phases of the proceeding, filed by a municipality, government agency, person or organization who is identified in paragraph (c), (d) or (e) of subsection 1, but who failed to file in a timely manner a notice of intervention, a petition for leave to intervene or a notice of intent to be a party, as the case may be.
(Added to NRS by 1971, 556; A 1973, 910, 1265, 1837; 1977, 215; 1985, 2300; 1997, 6, 1916; 2001, 2987; 2003, 1259)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.890 - Grant or denial of permit: Required findings; conditions and modifications.

1. Except as otherwise provided in subsection 3, the Commission may not grant a permit for the construction, operation and maintenance of a utility facility, either as proposed or as modified by the Commission, to a person unless it finds and determines:
(a) The nature of the probable effect on the environment;
(b) If the utility facility emits greenhouse gases and does not use renewable energy as its primary source of energy to generate electricity, the extent to which the facility is needed to ensure reliable utility service to customers in this State;
(c) That the need for the facility balances any adverse effect on the environment;
(d) That the facility represents the minimum adverse effect on the environment, considering the state of available technology and the nature and economics of the various alternatives;
(e) That the location of the facility as proposed conforms to applicable state and local laws and regulations issued thereunder and the applicant has obtained, or is in the process of obtaining, all other permits, licenses, registrations and approvals required by federal, state and local statutes, regulations and ordinances;
(f) That the surplus asset retirement plan filed pursuant to NRS 704.870:
(1) Complies with federal, state and local laws;
(2) Provides for the remediation and reuse of the facility within a reasonable period; and
(3) Is able to be reasonably completed under the funding plan contained in the application; and
(g) That the facility will serve the public interest.
2. If the Commission determines that the location of all or a part of the proposed facility should be modified, it may condition its permit upon such a modification. If the applicant has not obtained all the other permits, licenses, registrations and approvals required by federal, state and local statutes, regulations and ordinances as of the date on which the Commission decides to issue a permit, the Commission shall condition its permit upon the applicant obtaining those permits and approvals.
3. The requirements set forth in paragraph (g) of subsection 1 do not apply to any application for a permit which is filed by a state government or political subdivision thereof.
4. As used in this section, "renewable energy" has the meaning ascribed to it in NRS 704.7715.
(Added to NRS by 1971, 557; A 1983, 887; 1985, 2301; 1997, 1916; 2001, 2988; 2009, 2753; 2015, 2218; 2019, 25)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.8905 - Grant or denial of application: Time within which Commission and other permitting entities must act; determination upon record; terms, conditions and modifications; service of Commission order.

1. Except as otherwise required to comply with federal law:
(a) Not later than 150 days after a person has filed an application regarding a utility facility pursuant to subsection 1 of NRS 704.870:
(1) The Commission shall grant or deny approval of that application; and
(2) Each other permitting entity shall, if an application for a permit, license or other approval for the construction of the utility facility was filed with the other permitting entity on or before the date on which the applicant filed the application pursuant to subsection 1 of NRS 704.870, grant or deny the application filed with the other permitting entity.
(b) Not later than 120 days after a person has filed an application regarding a utility facility pursuant to subsection 2 of NRS 704.870:
(1) The Commission shall grant or deny approval of the application; and
(2) Each other permitting entity shall, if an application for a permit, license or other approval for the construction of the utility facility was filed with the other permitting entity on or before the date on which the applicant filed with the appropriate federal agency an application for approval for the construction of the utility facility, grant or deny the application filed with the other permitting entity.
2. The Commission or other permitting entity shall make its determination upon the record and may grant or deny the application as filed, or grant the application upon such terms, conditions or modifications of the construction, operation or maintenance of the utility facility as the Commission or other permitting entity deems appropriate.
3. The Commission shall serve a copy of its order and any opinion issued with it upon each party to the proceeding before the Commission.
(Added to NRS by 2001, 2985; A 2013, 3212)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.891 - Reports to be filed with Commission by person holding permit who is not public utility.

1. Any person other than a public utility who receives a permit issued by the Commission pursuant to NRS 704.820 to 704.900, inclusive, shall, as provided in subsection 2, file with the Commission reports which contain:
(a) The location, nature and capacity of that facility;
(b) The anticipated date for commercial operation of that facility;
(c) Information regarding whether any public utility in this state has contracted for the purchase of the capacity or other services of that facility; and
(d) Information regarding whether any capacity or other services of that facility is available for purchase by public utilities in this state.
2. The reports required by subsection 1 must be filed:
(a) On or before the date on which construction of a utility facility is commenced; and
(b) On a date not later than:
(1) Twelve months before the scheduled date of commercial operation of that facility; or
(2) Thirty days before the actual date of commercial operation of that facility,
whichever is earlier.
(Added to NRS by 1985, 2297; A 1997, 1917; 2001, 2989)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.893 - Limitations on purchase of capacity of utility facility by certain public utilities.

No public utility which has a parent or an affiliated corporation or a subsidiary of that parent or affiliated corporation with an interest in the ownership of a utility facility, may purchase or contract for the capacity of that facility unless the purchase or the contract has been reviewed and approved by the Commission in a manner consistent with the provisions of NRS 704.736 to 704.754, inclusive.
(Added to NRS by 1985, 2297)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.895 - Rehearing; judicial review.

1. Any party aggrieved by any order issued by the Commission on an application for a permit may apply for a rehearing within 15 days after issuance of the order. Any party aggrieved by the final order of the Commission on rehearing may obtain judicial review thereof by filing a complaint in a district court within 30 days after the issuance of such final order. Upon receipt of such complaint, the Commission shall forthwith deliver to the court a copy of the written transcript of the record of the proceeding before it and a copy of its decision and opinion entered therein, which constitutes the record on judicial review.
2. The grounds for and the scope for review of the court are limited to whether the opinion and order of the Commission are:
(a) In conformity with the Constitution and the laws of the State of Nevada and of the United States;
(b) Supported by substantial evidence in the record;
(c) Made in accordance with the procedures set forth in NRS 704.820 to 704.900, inclusive, or established order, rule or regulation of the Commission; and
(d) Arbitrary, capricious or an abuse of discretion.
(Added to NRS by 1971, 558; A 2001, 2989)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.897 - Effect of provisions on jurisdiction of Commission over public utilities serving retail customers in State.

Nothing in the provisions of NRS 704.820 to 704.900, inclusive, may be construed as limiting the jurisdiction of the Commission over public utilities which serve retail customers in this state.
(Added to NRS by 1985, 2297)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.900 - Cooperation with other states and Federal Government.

The Commission, in the discharge of its duties under NRS 704.820 to 704.900, inclusive, or any other law, shall, to the extent practicable, make joint investigations, hold joint hearings within or without the State, and issue joint or concurrent orders in conjunction or concurrence with any official or agency of any state or of the United States, whether in the holding of such investigations or hearings, or in the making of such orders, the Commission functions under agreements or compacts between states or under the concurrent power of states to regulate interstate commerce, or as an agency of the United States, or otherwise. The Commission may, in the discharge of its duties under NRS 704.820 to 704.900, inclusive, negotiate and enter into agreements or compacts with agencies of other states, pursuant to any consent of the Congress, for cooperative efforts in permitting the construction, operation and maintenance of utility facilities in accord with the purposes of NRS 704.820 to 704.900, inclusive, and for the enforcement of the respective state laws regarding them.
(Added to NRS by 1971, 558; A 2001, 2990)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.905 - Definitions.

As used in NRS 704.905 to 704.960, inclusive:
1. "Alternative seller" has the meaning ascribed to it in NRS 704.994.
2. "Company town" means a community whose primary purpose is to provide housing to employees of a person who owns not less than 70 percent of the dwellings, and may include commercial or other supporting establishments.
3. "Dwelling" includes a commercial or other supporting establishment.
4. "Utility" includes a public utility and all city, county or other governmental entities which provide electric, gas or water service to a manufactured home park, mobile home park or company town.
(Added to NRS by 1989, 1867; A 1991, 1984; 2001, 1767; 2015, 228)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.910 - Applicability of provisions to manufactured home parks and mobile home parks; utility or alternative seller prohibited from selling to landlord at higher rate.

1. The provisions of NRS 704.905 to 704.960, inclusive, apply to manufactured home parks governed by the provisions of chapter 118B of NRS, mobile home parks governed by the provisions of chapter 461A of NRS, utilities and alternative sellers which provide utility service to those parks and landlords who operate those parks.
2. A utility or an alternative seller which provides gas, water or electricity to any landlord exclusively for distribution or resale to tenants residing in manufactured homes or mobile homes or for the landlord’s residential use shall not charge the landlord for those services at a rate higher than the current rates offered by the utility or alternative seller, as appropriate, to its residential customers.
(Added to NRS by 1981, 1239; A 1983, 2030; 1987, 934; 1989, 1867; 2001, 1767; 2015, 228)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.920 - Applicability of provisions to company towns; examination and testing of lines and equipment by utility or alternative seller which provides services to manufactured home park, mobile home park or company town; payment of costs of such examination and testing by owner; consequences of refusal to allow examination and testing; repair of unsafe lines or equipment.

1. The provisions of NRS 704.905 to 704.960, inclusive, apply to company towns, utilities and alternative sellers which provide utility services to company towns, and persons who own and operate company towns.
2. The Commission shall require a public utility or an alternative seller, as appropriate, which provides utility services to a manufactured home park, mobile home park or company town, or an independent person who is qualified, to conduct examinations to examine and test the lines and equipment for distributing electricity and gas within the park or town at the request of the Housing Division of the Department of Business and Industry or a city or county which has responsibility for the enforcement of the provisions of chapter 118B or 461A of NRS. The utility or alternative seller, the person selected to conduct the examination and the Commission may enter a manufactured home park, mobile home park or company town at reasonable times to examine and test the lines and equipment, whether or not they are owned by a utility or an alternative seller.
3. The utility or alternative seller, as appropriate, or the person selected to conduct the examination, shall conduct the examination and testing to determine whether any line or equipment is unsafe for service under the safety standards adopted by the Commission for the maintenance, use and operation of lines and equipment for distributing electricity and gas, and shall report the results of the examination and testing to the Commission.
4. The owner of the manufactured home park, mobile home park or company town shall pay for the costs of the examination and testing.
5. If the landlord of a manufactured home park or mobile home park or owner of a company town refuses to allow the examination and testing to be made as provided in this section, the Commission shall deem the unexamined lines and equipment to be unsafe for service.
6. If the Commission finds:
(a) Or deems any lines or equipment within a manufactured home park, mobile home park or company town to be unsafe for service, it shall take appropriate action to protect the safety of the residents of the park or town.
(b) Such lines or equipment to be unsafe for service or otherwise not in compliance with its safety standards, it may, after a hearing, order the landlord or owner to repair or replace such lines and equipment. For this purpose, the landlord or owner may expend some or all of the money in the landlord’s or owner’s account for service charges for utilities, which the landlord or owner is required to keep under NRS 704.940.
(Added to NRS by 1983, 2032; A 1989, 1867; 1991, 1984; 1993, 1925; 2001, 1767; 2015, 228; 2017, 3625)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.930 - Manner of provision and interruption of service by landlord of manufactured home park or mobile home park or owner of company town; notice of proposed increase in rates.

If a utility or an alternative seller provides a utility service to a manufactured home park, mobile home park or company town and the landlord of the park or owner of the company town charges the tenants or the occupants of such dwellings for that service, the landlord or owner shall:
1. Provide that service to the tenants or the occupants of such dwellings in a manner which is consistent with the utility’s tariffs on file with the Commission, if applicable, and any law, ordinance or governmental regulation relating to the provision of that service. The landlord or owner of the town shall not interrupt such a service for nonpayment of charges unless the interruption is performed in a manner which is consistent with the utility’s tariffs on file with the Commission, if applicable, and any law, ordinance or governmental regulation relating to the manner of interrupting such a service for nonpayment of charges.
2. Not more than 5 days after the landlord or owner of the town receives notice of a proposed increase in the rates of the utility service, give notice to the tenants or those occupants of the proposed increase.
(Added to NRS by 1983, 2033; A 1989, 1868; 1991, 388, 1985; 2001, 1768; 2015, 229)