reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › APPLICATIONS FOR PRIVILEGES, RIGHTS AND AUTHORITY › Construction of Utility Facilities › Section 703.4184 - Utility facilities: "Gas transmission lines" interpreted

Current through June 11, 2024
As used in
				  NRS
				  704.860, the Commission will interpret "gas
				  transmission lines" to mean gas transmission lines not subject to the
				  jurisdiction of the Federal Energy Regulatory Commission.
Added to NAC by Pub.
				  Utilities Comm'n by R188-03, eff. 7-16-2004
NRS
					 703.025,
					 704.210,
					 704.860
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › APPLICATIONS FOR PRIVILEGES, RIGHTS AND AUTHORITY › Construction of Utility Facilities › Section 703.4186 - Utility facilities: "Sewer transmission and treatment facilities" interpreted

Current through June 11, 2024
As used in
				  NRS
				  704.860, the Commission will interpret "sewer
				  transmission and treatment facilities" to mean:
1. Facilities, including lift station
				facilities, which have a main that connects to other sewage transmission mains
				or wastewater treatment facilities; or
2. Treatment facilities where raw sewage
				influent is treated to make the sewage effluent meet required water quality
				standards.
Added to NAC by Pub.
				  Utilities Comm'n by R188-03, eff. 7-16-2004
NRS
					 703.025,
					 704.210,
					 704.860
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › APPLICATIONS FOR PRIVILEGES, RIGHTS AND AUTHORITY › Construction of Utility Facilities › Section 703.4188 - Utility facilities: "Storage plants" interpreted

Current through June 11, 2024
As used in
				  NRS
				  704.860, the Commission will interpret
				  "storage plants" to mean above-ground facilities where gas is stored for use in
				  a local distribution system.
Added to NAC by Pub.
				  Utilities Comm'n by R188-03, eff. 7-16-2004
NRS
					 703.025,
					 704.210,
					 704.860
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › APPLICATIONS FOR PRIVILEGES, RIGHTS AND AUTHORITY › Construction of Utility Facilities › Section 703.4192 - Utility facilities: "To supply water" and "treatment of water" interpreted

Current through June 11, 2024
As used in
				  NRS
				  704.860, the Commission will interpret
				  facilities "to supply water" or for the "treatment of water" to mean facilities
				  where surface water or groundwater is treated to make potable water for
				  distribution to customers.
Added to NAC by Pub.
				  Utilities Comm'n by R188-03, eff. 7-16-2004
NRS
					 703.025,
					 704.210,
					 704.860
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › APPLICATIONS FOR PRIVILEGES, RIGHTS AND AUTHORITY › Construction of Utility Facilities › Section 703.4194 - Utility facilities: "Water storage facilities" interpreted

Current through June 11, 2024
As used in
				  NRS
				  704.860, the Commission will interpret "water
				  storage facilities" to mean structures used to store raw water or potable water
				  that will be delivered into the distribution system of a utility.
Added to NAC by Pub.
				  Utilities Comm'n by R188-03, eff. 7-16-2004
NRS
					 703.025,
					 704.210,
					 704.860
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › APPLICATIONS FOR PRIVILEGES, RIGHTS AND AUTHORITY › Construction of Utility Facilities › Section 703.421 - Notice of application for approval by appropriate federal agency to construct utility facility

Current through June 11, 2024
A notice of an application for approval by the appropriate
				  federal agency to construct a utility facility which is filed with the
				  Commission pursuant to paragraph (a) of subsection 2 of
				  NRS
				  704.870 must contain the following
				  information:
1. The name, address and
				telephone number of the person who filed the application with the appropriate
				federal agency.
2. The date on
				which the application was filed with the appropriate federal agency.
3. A general description of the location of
				the proposed utility facility.
4. A
				general description of the proposed utility facility.
5. Proof that a copy of the notice has been
				submitted to the Nevada State Clearinghouse within the State Department of
				Conservation and Natural Resources.
Added to NAC by Pub.
				  Utilities Comm'n by R076-07, eff. 10-31-2007; A by R072-13,
				  12-23-2013
NRS
					 703.025,
					 704.210,
					 704.870
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › APPLICATIONS FOR PRIVILEGES, RIGHTS AND AUTHORITY › Construction of Utility Facilities › Section 703.423 - Application for permit when no federal agency required to conduct environmental analysis; amended application after final environmental assessment or environmental impact statement issued by federal agency

Current through June 11, 2024
An application filed with the Commission pursuant to
				  subsection 1 of
				  NRS
				  704.870 for a permit to construct a utility
				  facility where no federal agency is required to conduct an environmental
				  analysis of the proposed utility facility, or an application filed with the
				  Commission pursuant to paragraph (b) of subsection 2 of
				  NRS
				  704.870 for a permit to construct a utility
				  facility where a federal agency has issued either its final environmental
				  assessment or final environmental impact statement, but not the record of
				  decision or similar document, relating to the construction of the proposed
				  utility facility, must contain the following information in the order
				  listed:
1. A description of the
				location of the proposed utility facility as required by subsection 1 of
				NRS
				704.870, including:
(a) A general description of the location of
				the proposed utility facility, including a regional map that identifies the
				location of the proposed utility facility;
(b) A legal description of the site of the
				proposed utility facility, with the exception of electric lines, gas
				transmission lines, and water and wastewater lines, for which only a detailed
				description of the site is required; and
(c) Appropriately scaled site plan drawings
				of the proposed utility facility, vicinity maps and routing maps.
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › APPLICATIONS FOR PRIVILEGES, RIGHTS AND AUTHORITY › Construction of Utility Facilities › Section 703.427 - Expiration and renewal of permit

Current through June 11, 2024
1. Any construction
				permit issued pursuant to NAC 703.415 to 703.427, inclusive, expires 5 years
				after the date of final action by the Commission unless during that period the
				applicant has commenced to construct the utility facility and has diligently
				pursued that construction. In computing the 5-year period, the time the
				construction of the utility facility is delayed or made impractical because of
				legal action against the applicant will be excluded.
2. The applicant may apply for renewal of a
				construction permit at any time before its expiration. The Commission will
				renew the permit upon a showing of good cause.
Added to NAC by Pub.
				  Service Comm'n, eff. 3-19-87; A by Pub. Utilities Comm'n by R188-03, 7-16-2004;
				  R076-07, 10-31-2007
NRS
					 703.025,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › APPLICATIONS FOR PRIVILEGES, RIGHTS AND AUTHORITY › Securities › Section 703.430 - Applicability

Current through June 11, 2024
1. Except as otherwise provided in subsection
				2, the provisions of NAC 703.430 to 703.441, inclusive, apply to an application
				filed by a privately owned public utility organized under the laws of, and
				operating in the State, for an order by the Commission authorizing the issuance
				of a security, as defined in
				NRS
				704.322, or the assumption of an obligation
				as a guarantor, endorser, surety or otherwise, with respect to any security of
				any other person, firm or corporation.
2. The provisions of NAC 703.430 to 703.441,
				inclusive, do not apply to a competitive supplier.
Pub. Service Comm'n,
				  Gen. Order 3 § 26.010, eff. 1-1-79-NAC A by Pub. Utilities Comm'n by
				  R186-97, 1-30-98; R136-07, 1-30-2008
NRS
					 703.025,
					 704.210,
					 704.324
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › APPLICATIONS FOR PRIVILEGES, RIGHTS AND AUTHORITY › Securities › Section 703.435 - Applications

Current through June 11, 2024
An application for an order of the Commission authorizing the
				  issuance of a security or the assumption of an obligation pursuant to the
				  provisions of
				  NRS
				  704.322 to
				  704.328,
				  inclusive, must contain the following data in the body of the application or as
				  exhibits attached to it:
1. The amount
				and kind of stock or other security which the applicant desires to issue, the
				amount of bonds, notes or other evidence of indebtedness which the applicant
				desires to issue, with terms, rate of interest and whether and how to be
				secured, and the amount and description of the indebtedness which the applicant
				desires to assume. If the applicant wishes to issue preferred stock, the nature
				and extent of the preference must be indicated.
2. If the purpose for which the securities
				are to be issued is for:
(a) The acquisition
				of property, a detailed description of the property, the consideration to be
				paid for the property and the method utilized in arriving at the
				amount.
(b) The construction,
				completion, extension or improvement of facilities, a description of the
				proposal in reasonable detail, the cost or estimated cost of it and the reason
				or necessity for the expenditures.
(c) The improvement of service, a statement
				of the character of the improvements proposed.
(d) The maintenance of service, a statement
				of the reasons why service should be maintained from capital.
(e) The discharge or refund of obligations, a
				full description of the obligations to be discharged or refunded, including the
				character, date of incurrence, date of maturity, rate of interest, other
				material facts concerning the obligations, a statement showing the purpose for
				which those obligations have been incurred or the proceeds expended and the
				Commission's decisions, if any, authorizing the incurrence of those
				obligations.
(f) The reorganization
				or readjustment of indebtedness of capitalization or retirement or exchange of
				securities, a full description of the indebtedness or capitalization to be
				readjusted or exchanged, the complete terms and conditions of the merger,
				consolidation, exchange or other reorganization, a pro forma balance sheet, if
				possible, or exchange, and a statement of the reason or necessity for the
				transaction.
(g) The reimbursement
				of money actually expended from income or from any other money in the treasury,
				a general description of the expenditures for which reimbursement is sought,
				the source of the expenditures, the periods during which the expenditures were
				made and the reason or necessity for that reimbursement.
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › APPLICATIONS FOR PRIVILEGES, RIGHTS AND AUTHORITY › Securities › Section 703.440 - Exhibits

Current through June 11, 2024
The following exhibits must be filed with an
				  application:
1. If the applicant is a
				corporation, a copy of its articles of incorporation, certified by the
				Secretary of State, and all effective amendments. If the articles of
				incorporation have previously been filed with the Commission, the application
				need only make specific reference to that filing.
2. A copy of the most current financial
				statement of the applicant, which must include the following information:
(a) The amount and kinds of stock authorized
				by the articles of incorporation and the amount outstanding.
(b) Whether the preferred stock, if any, is
				cumulative or participating and whether its preference is on dividends, assets
				or otherwise.
(c) A brief
				description of each security agreement, mortgage and deed of trust upon the
				applicant's property, including the date of execution, the debtor and secured
				party, the mortgagor and mortgagee, the trustor and beneficiary, the amount of
				indebtedness authorized to be secured, the amount of indebtedness actually
				secured and any provision for a sinking fund.
(d) The amount of bonds authorized and
				issued, the name of the public utility which issued them, each separate class
				and the date of issue, the par value, the rate of interest, the date of
				maturity, how they were secured and the amount of the interest issue paid on
				the bonds during the last fiscal year.
(e) Each note outstanding, the date of issue,
				the amount, date of maturity, rate of interest, in whose favor it was issued
				and the amount of interest paid on the note during the last fiscal
				year.
(f) Other indebtedness by
				classes and a description of any security, a brief statement of the devolution
				or assumption of any portion of that indebtedness upon or by any person or
				corporation if the original liability has been transferred, and the amount of
				interest paid on the indebtedness during the last fiscal year.
(g) The rate and amount of dividends paid
				during the 5 previous fiscal years and the amount of capital stock on which
				dividends were paid in each of those years.
(h) An income statement for the 12-month
				period immediately preceding the date of the application, insofar as
				practicable, and a balance sheet as of the date of the income
				statement.
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › APPLICATIONS FOR PRIVILEGES, RIGHTS AND AUTHORITY › Securities › Section 703.441 - Notice to grant or deny application

Current through June 11, 2024
The Commission will grant or deny, in whole or in part, an
				  application filed pursuant to NAC 703.430 to 703.443, inclusive, within 120
				  days after the date on which the application is filed.
Added to NAC by Pub.
				  Utilities Comm'n by R186-97, eff. 1-30-98
NRS
					 703.025,
					 704.210,
					 704.324
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › APPLICATIONS FOR PRIVILEGES, RIGHTS AND AUTHORITY › Securities › Section 703.443 - Additional requirements for certain applications

Current through June 11, 2024
1. No
				public utility may file an application with the Commission to obtain
				authorization for bonds to be issued pursuant to the provisions of
				NRS 244A.669 to
				244A.763,
				inclusive, or 268.512 to 268.568, inclusive, unless the governing body
				authorized to issue the bonds has completed all actions required by law that
				are conditions precedent to the issuance of the bonds, except the passage of
				the resolution authorizing the issuance of the bonds.
2. In addition to complying with the
				requirements set forth in NAC 703.430, 703.435 and 703.440, an application
				filed by a public utility seeking authorization for bonds to be issued pursuant
				to the provisions of
				NRS 244A.669 to
				244A.763,
				inclusive, or 268.512 to 268.568, inclusive, must include:
(a) A complete summary of the conditions,
				restrictions and general terms applicable to the acquisition and use of the
				bonds by the public utility;
(b)
				Copies of the resolutions, contracts, memoranda and other written documents
				which specify the conditions, restrictions and general terms applicable to the
				acquisition and use of the bonds by the public utility; and
(c) The amount of any bonds, the interest on
				which is exempt from federal income tax or excluded from gross revenue for the
				purposes of federal income tax, that will be used to finance the project and
				the public benefits to be provided if an allocation of the State's volume cap
				for those bonds is requested by the public utility pursuant to the provisions
				of
				NRS 348A.010 to
				348A.040,
				inclusive.
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › APPLICATIONS FOR PRIVILEGES, RIGHTS AND AUTHORITY › Railroad Crossings › Section 703.445 - Applicability

Current through June 11, 2024
The Commission will grant or deny, in whole or in part, an
				  application filed pursuant to NAC 703.430 to 703.443, inclusive, within 120
				  days after the date on which the application is filed.
Pub. Service Comm'n,
				  Gen. Order 3 § 27.010, eff. 1-1-79-NAC A by Pub. Utilities Comm'n by
				  R116-03, 10-30-2003
NRS
					 703.025,
					 704.210,
					 704.300
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › APPLICATIONS FOR PRIVILEGES, RIGHTS AND AUTHORITY › Railroad Crossings › Section 703.450 - Application to construct public highway across railroad

Current through June 11, 2024
An application to construct a public road, highway or street
				  across a railroad must be made in writing by the municipal, county, state or
				  other governmental authority which proposes the construction. The application
				  must contain the following data:
1. A
				legal description of the location of the proposed crossing.
2. Crossing numbers of the nearest existing
				public crossing on each side of the proposed crossing. Numbers may be obtained
				from the crossing sign at the crossing or from the office of the
				railroad.
3. A statement showing
				the public need to be served by the proposed crossing.
4. If the proposed crossing is at a grade, a
				statement showing why a separation of grades is not practicable.
5. A statement showing the signs, signals or
				other protection that the applicant recommends for the proposed
				crossing.
6. A map of suitable
				scale, between 50 and 200 feet per inch, showing the accurate locations of all
				streets, roads, property lines, tracks, buildings, structures or other
				obstructions to view for a distance of at least 400 feet along the railroad and
				200 feet along the highway in each direction from the proposed crossing. This
				map must show the character and width of the existing or proposed surface or
				pavement on the street or roads on each side of the proposed
				crossing.
7. A map of suitable
				scale, between 1,000 and 3,000 feet per inch, showing the relation of the
				proposed crossing to existing roads and railroads in the general vicinity of
				the proposed crossing.
8. A profile
				showing the ground line, grade line and the rate of grades of approach on all
				railroads affected by the proposed crossing.
Pub. Service Comm'n,
				  Gen. Order 3 § 27.020, eff. 1-1-79
NRS
					 703.025,
					 704.210,
					 704.300
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › APPLICATIONS FOR PRIVILEGES, RIGHTS AND AUTHORITY › Railroad Crossings › Section 703.455 - Application to construct railroad track across public highway

Current through June 11, 2024
An application to construct a railroad track across a public
				  road, highway, or street must be made in writing by the railroad which proposes
				  the construction. The application must contain the data required by NAC 703.450
				  and the following:
1. A certified copy
				of the franchise or permit, if required, from the authority having
				jurisdiction, which gives the railroad the right to cross the highway involved.
				If the franchise or permit has already been filed, the application must make a
				specific reference to that filing.
2. The proposed crossing number.
3. A map required by subsection 6 of NAC
				703.450, which must also show by distinct colorings or lines, all new tracks or
				changes in existing tracks, within the limits of the drawing, which would be
				made in connection with the construction of the proposed crossing.
Pub. Service Comm'n,
				  Gen. Order 3 § 27.030, eff. 1-1-79
NRS
					 703.025,
					 704.210,
					 704.300
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › APPLICATIONS FOR PRIVILEGES, RIGHTS AND AUTHORITY › Railroad Crossings › Section 703.460 - Alteration of existing crossing

Current through June 11, 2024
An application or complaint initiated pursuant to
				  NRS
				  704.300 for the elimination, alteration,
				  addition or change of a highway crossing or crossings over any railroad at
				  grade, or above or below grade, including its approaches and surface, must be
				  made in writing to the Commission. The application or complaint must contain
				  the information required by NAC 703.450, except that the crossing number of the
				  affected crossing must be stated in addition to the information required by
				  subsection 2 of NAC 703.450.
Pub. Service Comm'n,
				  Gen. Order 3 § 27.040, eff. 1-1-79
NRS
					 703.025,
					 704.210,
					 704.300
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › APPLICATIONS FOR PRIVILEGES, RIGHTS AND AUTHORITY › Railroad Crossings › Section 703.465 - Agreement to apportion costs

Current through June 11, 2024
If the railroad and governmental units involved have
				  negotiated an agreement apportioning costs pursuant to subsection 8 of NRS
				  NRS
				  704.305, a copy of that agreement must be
				  included with the original application filed with the Commission pursuant to
				  NAC 703.445 to 703.475, inclusive.
Pub. Service Comm'n,
				  Gen. Order 3 § 27.070, eff. 1-1-79
NRS
					 703.025,
					 704.210,
					 704.300
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › APPLICATIONS FOR PRIVILEGES, RIGHTS AND AUTHORITY › Railroad Crossings › Section 703.470 - Service of application or complaint

Current through June 11, 2024
1. A copy of an
				application or complaint filed pursuant to NAC 703.445 to 703.475, inclusive,
				must be served on:
(a) The governing body of
				each county, city or town which is directly affected by the filing;
(b) The railroad company affected;
				and
(c) The Department of
				Transportation.
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › APPLICATIONS FOR PRIVILEGES, RIGHTS AND AUTHORITY › Railroad Crossings › Section 703.475 - Action by Commission

Current through June 11, 2024
1. Upon the filing
				of an application or complaint, the Commission may choose to hold a hearing. If
				the Commission chooses to hold a hearing, the hearing will be conducted in the
				manner prescribed in NAC 703.160 and 703.665.
2. The Commission will, within a reasonable
				time after the filing of the application or complaint or the conclusion of the
				hearing, either deny the application or the relief sought in the complaint, in
				writing, stating its reasons, or issue its order granting in whole or in part
				the application or the relief sought in the complaint, attaching thereto such
				conditions as the Commission deems necessary to protect the public and to
				prevent accidents.
Pub. Service Comm'n,
				  Gen. Order 3 § 27.060, eff. 1-1-79-NAC A by Pub. Utilities Comm'n by
				  R116-03, 10-30-2003; R103-07, 10-27-2009
NRS
					 703.025,
					 704.210,
					 704.300
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › APPLICATIONS FOR PRIVILEGES, RIGHTS AND AUTHORITY › Subdivision of Land › Section 703.476 - Tentative map: Submission to and action by Commission's staff

Current through June 11, 2024
1. When a copy of a tentative map for a
				subdivision is submitted to the Commission pursuant to
				NRS
				278.335, an additional copy of the tentative
				map must be simultaneously submitted to the Commission's staff for
				review.
2. In addition to the
				written comments required by subsection 5 of
				NRS
				278.335, the Commission's staff will, within
				the period specified therein, also file written comments with:
(a) The planning commission or the governing
				body described in subsection 5 of
				NRS
				278.335;
(b) The Division of Water Resources of the
				State Department of Conservation and Natural Resources; and
(c) The Division of Environmental Protection
				of the State Department of Conservation and Natural Resources or the district
				board of health acting for the Division pursuant to subsection 2 of
				NRS
				278.335.
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › APPLICATIONS FOR PRIVILEGES, RIGHTS AND AUTHORITY › Subdivision of Land › Section 703.477 - Final map: Application for approval

Current through June 11, 2024
1. An application
				for approval of a final map for a subdivision that was filed with the
				Commission pursuant to NAC 703.476 must include the following information in
				the application or as exhibits attached thereto:
(a) Evidence that the applicant has filed an
				application with the Commission for a certificate of public convenience and
				necessity; or
(b) In lieu of an
				application for a certificate of public convenience and necessity, evidence
				that the applicant will have the technical, managerial and financial capability
				to operate the water or wastewater system in a reliable manner and provide
				continuous and adequate service to its customers.
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › APPLICATIONS FOR PRIVILEGES, RIGHTS AND AUTHORITY › Subdivision of Land › Section 703.478 - Final map: Verification of approval or disapproval by Commission

Current through June 11, 2024
The Commission will send written verification of its approval
				  or disapproval of an application for approval of the final map for a
				  subdivision that is filed with the Commission pursuant to NAC 703.476 to the
				  Division of Environmental Protection of the State Department of Conservation
				  and Natural Resources or the district board of health acting for the Division
				  pursuant to
				  NRS
				  278.335, consistent with subparagraph (2) of
				  paragraph (a) of subsection 1 of
				  NRS
				  278.377, and with the Division of Water
				  Resources of the State Department of Conservation and Natural Resources,
				  consistent with paragraph (b) of subsection 1 of
				  NRS
				  278.377, within 2 business days after
				  issuance of a final order in the matter.
Added to NAC by Pub.
				  Utilities Comm'n by R043-06, eff. 12-7-2006
NRS
					 703.025,
					 704.210,
					 704.6672
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › General Provisions › Section 703.481 - Restrictions on certain communications with Commissioner or hearing officer while contested case is pending

Current through June 11, 2024
1. In any contested
				case pending before the Commission, a party or commenter or an authorized
				representative or attorney of a party or commenter shall not communicate,
				directly or indirectly, with a Commissioner or a hearing officer regarding any
				substantive issues of fact or law that relate to the contested case, unless the
				communication:
(a) Is part of a pleading filed
				and served in accordance with the provisions of this chapter; or
(b) Occurs during a formal hearing before the
				Commissioner or the hearing officer.
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Hearing Officers › Section 703.486 - Appointment; reassignment of matter; revocation of appointment; proposed orders; appeal and review of decisions

Current through June 11, 2024
1. The Chair may
				appoint one or more hearing officers to preside over and conduct hearings or
				other proceedings, or any portion thereof, in any matter pending before the
				Commission in which hearing officers are authorized to act pursuant to
				NRS
				703.130. The Chair, in his or her discretion,
				may appoint an employee of the Commission or a contractor of the Commission to
				serve as a hearing officer. The Chair may reassign a matter from one hearing
				officer to another hearing officer if procedural circumstances require. The
				Commission may reassign a matter from one hearing officer to another hearing
				officer if required by any other circumstances.
2. If the Chair appoints a hearing officer,
				the Chair retains the right, at any time, to revoke the appointment and to
				assume responsibility for presiding over and conducting the hearings or other
				proceedings or to designate another Commissioner or hearing officer to preside
				over and conduct the hearings or other proceedings.
3. Except as otherwise provided in subsection
				4, if the Chair appoints a hearing officer to preside over and conduct any
				proceeding involving an application, a petition or a complaint, after the close
				of all evidentiary hearings in the matter, the hearing officer shall file with
				the Commission a proposed order that sets forth the findings and conclusions of
				the hearing officer and the reasons and bases for those findings and
				conclusions. The proposed order must be served on each party of record. Any
				party of record may file comments to the proposed order in the same manner that
				comments may be filed to a proposed order of the Commission pursuant to NAC
				703.785.
4. A proposed order filed
				by a hearing officer pursuant to subsection 3 must not be served upon parties
				of record and is not subject to comment by parties of record if the proceeding
				is:
(a) A noncontested case;
(b) A contested case that is settled in its
				entirety by stipulation; or
(c) A
				proceeding held pursuant to
				NRS
				703.377 and the holder of the certificate,
				permit or license who is the subject of the proceedings fails to
				appear.
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Parties and Commenters › Section 703.490 - Classification of parties

Current through June 11, 2024
1. According to the
				nature of the proceedings before the Commission and the relationships of the
				parties to the proceedings, a party to a proceeding must be styled an
				applicant, complainant, petitioner, respondent or intervener.
2. A person applying in the first instance
				for any privilege, right or authorization from the Commission must be styled an
				"applicant."
3. A person who
				complains to the Commission of any act by any person subject to the
				jurisdiction of the Commission must be styled a "complainant."
4. A person, other than a complainant or an
				applicant, petitioning for affirmative relief must be styled a
				"petitioner."
5. A person against
				whom any complaint is filed or a person who is the subject of any official
				investigation by the Commission must be styled "respondent."
6. A person granted leave to intervene
				pursuant to NAC 703.578 to 703.600, inclusive, must be styled an
				"intervener."
Pub. Service Comm'n,
				  Gen. Order 3 §§ 4.010-4.070, eff. 1-1-79-NAC A by Pub. Utilities
				  Comm'n by R047-02, 10-24-2002
NRS
					 703.025,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Parties and Commenters › Section 703.491 - Commenters: Conditions and scope of participation in proceedings

Current through June 11, 2024
1. A person who is not a party to a contested
				case may participate in the contested case as a commenter if the person desires
				to file written comments concerning issues in the contested case.
2. To participate in the contested case as a
				commenter, the person must file with the Commission written comments before the
				scheduled hearing on the contested case and identify the person as a
				"commenter" in all written comments that the person files. If the person files
				such written comments before the scheduled hearing, the Commission will place
				the commenter on the service list maintained for that contested case by the
				Commission, and the commenter will receive notifications of Commission-issued
				notices and orders thereafter.
3.
				The written comments of a commenter will be made part of the record of the
				contested case, but the written comments will not be treated as
				evidence.
4. A commenter is not a
				party of record to the contested case, and a commenter shall not take any
				action that only a party of record may take, including, without limitation,
				presenting or cross-examining witnesses, conducting discovery, filing a
				petition for reconsideration or rehearing or seeking judicial review of a
				decision of the Commission.
5. If,
				during the pendency of the contested case, a commenter claims to have a direct
				and substantial interest in the contested case and desires to participate in
				the contested case as an intervener, the commenter may file a petition for
				leave to intervene with the Commission pursuant to NAC 703.578 to 703.600,
				inclusive. If the petition for leave to intervene is filed with the Commission
				after the applicable period set forth in NAC 703.590, the petition must state a
				substantial reason for the delay as required by that section.
Added to NAC by Pub.
				  Utilities Comm'n by R047-02, eff. 10-24-2002; A by R010-05, 9-7-2005; A by
				  R011-15,
				  eff. 10/27/2015
NRS
					 703.025,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Parties and Commenters › Section 703.492 - Notice to parties; request for hearing

Current through June 11, 2024
1. The
				Commission will provide notice of the pendency of any matter before the
				Commission to the parties to the matter.
2. The notice of pendency will specify that
				the party may, within 10 days after the date of the notice, request a hearing
				on the matter.
3. If no request for
				a hearing is received by the Commission, it will dispense with a hearing and
				act upon the matter unless it finds that a hearing is necessary or required by
				statute.
Added to NAC by Pub.
				  Service Comm'n, eff. 1-6-84; A by Pub. Utilities Comm'n by R047-02, 10-24-2002;
				  R116-03, 10-30-2003
NRS
					 703.025,
					 703.320,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Parties and Commenters › Section 703.495 - Rights of Commission's staff

Current through June 11, 2024
The Commission's staff may appear, may be represented by
				  counsel for the staff and may intervene in all proceedings before the
				  Commission without filing a petition for leave to intervene.
Pub. Service Comm'n,
				  Gen. Order 3 § 4.080, eff. 1-1-79
NRS
					 703.025,
					 703.301,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Parties and Commenters › Section 703.500 - Rights of parties and commenters

Current through June 11, 2024
Except as otherwise provided by specific regulation:
1. In any proceeding before the Commission,
				each party of record is entitled to enter an appearance, introduce relevant
				evidence, examine and cross-examine witnesses, make arguments, make and argue
				motions and generally participate in the proceeding.
2. In any contested case, each commenter is
				entitled to file written comments with the Commission pursuant to NAC
				703.491.
Pub. Service Comm'n,
				  Gen. Order 3 § 5.010, eff. 1-1-79-NAC A 1-6-84; A by Pub. Utilities Comm'n
				  by R047-02, 10-24-2002; A by
				  R011-15,
				  eff. 10/27/2015
NRS
					 703.025,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Parties and Commenters › Section 703.505 - Appearances

Current through June 11, 2024
A party may enter an appearance at the beginning of a hearing
				  or at some other time designated by the presiding officer by giving his or her
				  name and address. If a person is appearing on behalf of a party, the person
				  must also identify the party he or she represents.
Pub. Service Comm'n,
				  Gen. Order 3 § 5.020, eff. 1-1-79-NAC A
				  1-6-84
NRS
					 703.025,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Parties and Commenters › Section 703.510 - Representation: Generally; by attorney

Current through June 11, 2024
1. Subject to the
				specific requirements provided in this section for representation by an
				attorney, in any proceeding before the Commission, a person may represent
				himself or herself or may be represented by an attorney or any other person who
				satisfies the Commission or the presiding officer that the person possesses the
				expertise and is otherwise competent to advise and assist in the presentation
				of matters before the Commission. The Commission may, for good cause shown,
				exclude any representative or impose conditions upon the participation of any
				representative appearing before the Commission pursuant to the provisions of
				this section.
2. The provisions of
				this section rather than the provisions of Nevada Supreme Court Rule 42 govern
				appearances before the Commission by attorneys who are not admitted and
				entitled to practice before the Supreme Court of Nevada.
3. An attorney appearing in any proceeding
				before the Commission must be duly admitted to practice and in good standing
				before the highest court of any state or the District of Columbia.
4. With respect to any attorney appearing as
				a representative in a contested case:
(a) An
				attorney who is not admitted and entitled to practice before the Supreme Court
				of Nevada and who does not reside in Nevada must associate with an attorney so
				admitted and entitled to practice and must file a notice of association with
				the Commission as provided in this section, unless, except as otherwise
				provided in paragraph (b), the attorney who is not admitted and entitled to
				practice before the Supreme Court of Nevada and who does not reside in Nevada
				has appeared before the Commission in the same substantive area of utility
				regulation in the 3 years immediately preceding the date on which the case is
				accepted for filing. For the purposes of this paragraph, the regulation of
				railroads, telecommunications carriers, water utilities, electric utilities and
				natural gas utilities are deemed to be different substantive areas of utility
				regulation.
(b) Notwithstanding any
				prior appearances before the Commission, the Commission, for good cause shown,
				may require the attorney who is not admitted and entitled to practice before
				the Supreme Court of Nevada and who does not reside in Nevada to associate with
				an attorney so admitted and entitled to practice and to file a notice of
				association as provided in this section.
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Parties and Commenters › Section 703.515 - Restriction on former employee acting as representative or expert witness

Current through June 11, 2024
No person who has served as an employee of the Commission may
				  practice or act as an expert witness or representative in connection with any
				  proceeding which is pending before the Commission on the date on which that
				  person's employment was terminated.
Pub. Service Comm'n,
				  Gen. Order 3 § 5.060, eff. 1-1-79-NAC A
				  1-6-84
NRS
					 703.025,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Parties and Commenters › Section 703.520 - Withdrawal of representative

Current through June 11, 2024
1. Any
				representative wishing to withdraw from a proceeding before the Commission must
				make a motion stating the reasons for the requested withdrawal.
2. The presiding officer may order the
				representative to serve the motion in writing upon the party or commenter whom
				he or she represents and upon all parties of record.
Pub. Service Comm'n,
				  Gen. Order 3 § 5.040, eff. 1-1-79-NAC A 1-6-84; A by Pub. Utilities Comm'n
				  by R047-02, 10-24-2002
NRS
					 703.025,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Parties and Commenters › Section 703.525 - Standards of conduct; exclusion for contumacious conduct

Current through June 11, 2024
1. Any person appearing in a proceeding or
				filing written comments in a proceeding must conform to recognized standards of
				ethical and courteous conduct required of practitioners before the courts of
				the State.
2. Contumacious conduct
				by any person at any hearing before the Commission or a presiding officer is a
				ground for the exclusion of that person from that hearing and for summary
				suspension of that person from further participation in the
				proceedings.
3. Smoking is not
				permitted at any meeting or hearing of the Commission.
Pub. Service Comm'n,
				  Gen. Order 3 § 5.050, eff. 1-1-79-NAC A by Pub. Utilities Comm'n by
				  R047-02, 10-24-2002
NRS
					 703.025,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Confidentiality of Information › Section 703.527 - Definitions

Current through June 11, 2024
As used in NAC 703.527 to 703.5282, inclusive:
1. "Information" means any books, accounts,
				records, minutes, reports, papers and property of a person which are in the
				possession of, or have been provided to, the Commission.
2. "Protective agreement" means an agreement
				pursuant to which a person agrees not to disclose, or otherwise make public,
				the information requested to be confidential and which specifies the manner in
				which the confidentiality of the information is to be treated.
Added to NAC by Pub.
				  Service Comm'n, eff. 1-24-96; A by Pub. Utilities Comm'n by R047-02,
				  10-24-2002
NRS
					 703.025,
					 703.190,
					 703.196,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Confidentiality of Information › Section 703.5272 - Applicability

Current through June 11, 2024
The provisions set forth in NAC 703.527 to 703.5282,
				  inclusive, apply to all proceedings before the Commission or any presiding
				  officer.
Added to NAC by Pub.
				  Service Comm'n, eff. 1-24-96
NRS
					 703.025,
					 703.190,
					 703.196,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Confidentiality of Information › Section 703.5274 - Confidential treatment of information: Requests; procedures; responsibilities of Commission; hearings

Current through June 11, 2024
1. A person who
				requests that information, which is in the possession of the Commission and
				pertains to that person, not be disclosed and be made confidential shall submit
				to:
(a) The Secretary of the Commission, one
				copy of each page of the document which contains the information in an
				unredacted form. The copy must be printed on pink-colored paper and consist
				only of the pages containing the information requested to be confidential and,
				if taken from a larger document, the cover page of the larger document. The
				document must be placed in a sealed envelope, and the envelope and each page of
				the document must be stamped with the word "Confidential." No system document
				may contain any information requested to be confidential.
(b) The Commission, the larger document which
				redacts the information for which the confidential treatment is requested. If
				the larger document is submitted via the electronic filing system, the larger
				document must clearly state that corresponding, unredacted information is being
				filed pursuant to paragraph (a).
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Confidentiality of Information › Section 703.5276 - Prepared testimony containing or addressing information designated as confidential

Current through June 11, 2024
For information which has been determined to be confidential,
				  the Commission will or the presiding officer shall, in addition to the other
				  procedures set forth in NAC 703.527 to 703.5282, inclusive:
1. Require that the prepared testimony which
				contains the confidential information not be disclosed except as otherwise
				specified in a protective agreement or a protective order issued by the
				Commission or presiding officer; or
2. Unless otherwise agreed upon by the
				parties involved, require that the portion of the prepared testimony of a
				person which may address the confidential information be submitted to the party
				who had requested that the information not be disclosed, before the date that
				the prepared testimony is to be submitted to the Commission or other
				parties.
Added to NAC by Pub.
				  Service Comm'n, eff. 1-24-96; A by Pub. Utilities Comm'n by R047-02,
				  10-24-2002
NRS
					 703.025,
					 703.190,
					 703.196,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Confidentiality of Information › Section 703.5278 - Contents of protective order issued with regard to information designated as confidential

Current through June 11, 2024
If the Commission or presiding officer determines that a
				  protective order should be issued with regard to the information designated as
				  confidential, the Commission will or the presiding officer shall issue a
				  protective order which:
1. Describes
				generally the nature of the confidential information and the procedures to be
				utilized to protect the confidentiality of the information.
2. Specifies the period during which the
				disclosure of the information to the public will be withheld or otherwise
				limited.
3. Specifies the
				procedures to be used by each person during the pendency of the proceedings to
				ensure the confidentiality of the information.
4. Specifies the procedures for handling or
				returning the confidential information, as appropriate, upon the close of the
				proceedings or at the end of the period for which the information is to be
				treated as confidential.
5.
				Requires that the confidential information not be disclosed, except as:
(a) May be agreed upon by the parties
				pursuant to a protective agreement; or
(b) Otherwise directed by the Commission or
				presiding officer.
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Confidentiality of Information › Section 703.528 - Appeal of determination by presiding officer regarding treatment of confidential information; disclosure of information not designated confidential

Current through June 11, 2024
1. Any
				determination by the presiding officer regarding the treatment of confidential
				information may be appealed to the full Commission in accordance with NAC
				703.735. The information will be subject to public disclosure 3 business days
				after the date on which the presiding officer issues his or her order denying
				the request for confidentiality unless:
(a)
				The party who made the request appeals the decision of the presiding officer to
				the full Commission; or
(b)
				Otherwise required by the order of a court of competent jurisdiction or agreed
				upon by the parties involved.
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Confidentiality of Information › Section 703.5282 - Disclosure of information designated as confidential; penalties

Current through June 11, 2024
1. During the pendency of a proceeding, any
				person who receives information which has been designated as confidential in
				accordance with NAC 703.527 to 703.5282, inclusive:
(a) Shall not disclose the information unless
				the confidentiality of the information is waived. The confidentiality of
				information shall be deemed to be waived if:
(1) The person who requested that the
				information not be disclosed makes the information available to the public or
				otherwise authorizes its disclosure; or
(2) The Commission or presiding officer
				enters an order which authorizes the disclosure of the information.