Nevada Administrative Code › Chapter 704 - Regulation of Public Utilities Generally › SYSTEMS FOR DISTRIBUTION OF LIQUEFIED PETROLEUM GAS › Section 704.5366 - Application for approval of margin rates by operator who uses alternative method: Analysis, determinations and recommendations of Regulatory Operations Staff of Commission; response or request for hearing by operator or interested person; hearing; written order by Commission; actions by operator if margin rates not just and reasonable

Current through June 11,
			 2024
1. Upon receipt of
			 an application submitted to the Commission pursuant to section 3 of this
			 regulation, the Regulatory Operations Staff of the Commission shall analyze the
			 documentation and information provided by the operator to determine whether the
			 margin rates assessed by the operator during the operator's immediately
			 preceding fiscal year were just and reasonable.
2. Following the analysis conducted pursuant
			 to subsection 1 and not later than 90 days after the operator submitted the
			 application to the Commission pursuant to section 3 of this regulation, the
			 Regulatory Operations Staff shall file with the Commission and serve on the
			 parties a memorandum setting forth the determinations and recommendations of
			 the Regulatory Operations Staff with respect to the application and
			 recommending any other action by the Commission that the Regulatory Operations
			 Staff may deem reasonable under the circumstances. The memorandum of the
			 Regulatory Operations Staff must include documentation to support the
			 recommendations contained therein, including, without limitation, an
			 explanation of the analysis performed and any other information determined by
			 the Regulatory Operations Staff to be relevant to the determinations and
			 recommendations of the Regulatory Operations Staff. Information and
			 documentation included in or with the memorandum filed with the Commission
			 pursuant to this subsection may be made confidential in accordance with NAC
			 703.5274.
3. Not later than 10 business days after the
			 Regulatory Operations Staff files with the Commission the memorandum required
			 by subsection 2, the operator or any interested person may file with the
			 Commission a response to the memorandum or request a hearing on the application
			 submitted pursuant to section 3 of this regulation, or both. Upon the request
			 of the operator or the Regulatory Operations Staff, the Commission will hold a
			 hearing on the application. If no request for a hearing is received by the
			 Commission, the Commission will dispense with the hearing and take action upon
			 the application, unless the Commission finds that a hearing is necessary or
			 otherwise required by statute.
4.
			 Not later than 60 days after the Regulatory Operations Staff files with the
			 Commission the memorandum required by subsection 2, the Commission will issue a
			 written order setting the application for hearing pursuant to subsection 3 or a
			 written order approving the application and finding that the margin rates
			 assessed by the operator during the immediately preceding year were just and
			 reasonable in accordance with the requirements of subsection 1. At a hearing,
			 the operator has the burden of proving that its margin rates were just and
			 reasonable.
5. If the Commission
			 determines that the margin rates assessed by the operator during the operator's
			 immediately preceding fiscal year were not just and reasonable, the Commission
			 may order the operator to:
(a) File a general
			 rate application pursuant to
			 NRS
			 704.110 within the time frame set forth by
			 the Commission; or
(b) Make changes
			 to the alternative method within the time frame set forth by the
			 Commission.