[Rev. 11/21/2013 1:22:20 PM--2013]

CHAPTER 703 - PUBLIC UTILITIES COMMISSION OF NEVADA

GENERAL PROVISIONS

NRS 703.010           Definitions.

NRS 703.020           Creation.

NRS 703.023           Seal.

ORGANIZATION AND FINANCIAL ADMINISTRATION

NRS 703.025           Reorganization of Commission; duties of Commission relating to reorganization; Commission authorized to adopt regulations for operation and enforcement of laws; plan for reorganization.

NRS 703.030           Commissioners: Appointment; terms; qualifications.

NRS 703.040           Commissioners: Additional qualifications; restrictions on other employment.

NRS 703.050           Commissioners: Oaths.

NRS 703.060           Commissioners: Removal.

NRS 703.070           Commissioners: Designation of Commissioner to serve as Chair.

NRS 703.080           Commissioners: Unclassified service of State; Acting Commissioners not entitled to participate in certain programs or receive certain benefits.

NRS 703.085           Commissioners: Number required to act; number required to enter final order; appointment, powers and duties, terms of service and reappointment of Acting Commissioners.

NRS 703.100           Suits by and against Commission.

NRS 703.110           Hearings and meetings open to public.

NRS 703.120           Principal and secondary offices; filing of documents at secondary office.

NRS 703.130           Personnel and consultants; Executive Director; Secretary and Assistant Secretary; hearing officers.

NRS 703.140           Expenses of Commissioners and employees: Sworn statement and approval required.

NRS 703.145           Expenses of investigations, inspections, audits and appearances made outside State.

NRS 703.147           Public Utilities Commission Regulatory Fund.

NRS 703.148           Expenditure of money from reserve account to provide education and informational services to public; use of independent contractor to provide such services.

POWERS AND DUTIES

NRS 703.150           General duties.

NRS 703.151           Duties of Commission in adopting regulations relating to provision of electric service.

NRS 703.152           Legislative findings on cost of energy in Nevada; Commission authorized to represent State in matters affecting development, transmission, use or cost of energy in Nevada.

NRS 703.153           Commission may agree to conduct inspections to ensure compliance with federal statutes and regulations governing safety of storage facilities and interstate pipelines.

NRS 703.154           Regulations to ensure safe operation and maintenance of storage facilities and intrastate pipelines; Commission has final authority to regulate such facilities and pipelines; administrative fine.

NRS 703.1545         Commission authorized to participate in federal program of safety relating to railroads.

NRS 703.160           Place of session or hearing.

NRS 703.164           Employment of legal counsel; duties of Attorney General and district attorneys.

NRS 703.168           Cooperation with federal and state agencies.

NRS 703.172           Division of Consumer Complaint Resolution: Establishment; duties.

NRS 703.175           Request from certain regulatory agencies to disconnect telephone number: Commission to issue order to appropriate provider of service; good faith compliance with order constitutes complete defense to action arising from termination of service.

REPORTS, RECORDS AND PUBLICATIONS

NRS 703.180           Biennial report of Commission.

NRS 703.190           Records of Commission open to public inspection; exception.

NRS 703.191           Duty of public utilities and certain entities to furnish information and annual reports.

NRS 703.193           Annual reports, records and statements to be submitted under oath.

NRS 703.195           Examination of records and other property of public utilities and certain entities; exception.

NRS 703.196           Disclosure and confidentiality of records and other property of public utilities and certain entities.

NRS 703.197           Fees for filing documents.

NRS 703.205           Publication of pamphlets.

ADMINISTRATIVE PROCEEDINGS

NRS 703.301           Rights of Regulatory Operations Staff to appear and participate in contested case and to be represented by legal counsel; restrictions on certain communications between Commissioner and Regulatory Operations Staff.

NRS 703.310           Complaint against public utility or alternative seller: Investigation by Division of Consumer Complaint Resolution; notice and hearing.

NRS 703.320           Notice and hearing: Duty of Commission to provide notice of certain pending matters; regulations regarding notice; hearing required in certain pending matters; power of Commission to dispense with hearing in certain pending matters.

NRS 703.330           Record of hearings: Recording and transcription of testimony; costs; copies available to parties; confidentiality.

NRS 703.340           Witnesses: Order of Commission for appearance; fees and mileage.

NRS 703.350           Order for production of books, accounts, papers or records.

NRS 703.360           Issuance of subpoena by clerk of district court for service to witness failing to appear on Commission’s order; contempt.

NRS 703.370           Enforcement of subpoenas issued by Commission.

NRS 703.373           Judicial review: Petition; answer; participation of Commission; scope of review; grounds for setting aside decision of Commission.

NRS 703.374           Judicial review: Requirements for injunction; burden of proof; filing bond to place into effect proposed changes in schedule of rates.

NRS 703.375           Judicial review: Refund of excess payment; report of refund; claims for refunds.

NRS 703.376           Judicial review: Appeal to Supreme Court. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 703.376           Judicial review: Appeal to appellate court. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 703.377           Revocation of certificate, permit or license: Hearing; conditions; judicial review.

PENALTIES

NRS 703.380           Administrative fines.

_________

 

GENERAL PROVISIONS

      NRS 703.010  Definitions.  As used in this chapter, unless the context otherwise requires:

      1.  “Affected governmental entity” means a governmental entity for which a tax, fee or assessment is collected pursuant to NRS 704.9901, 704.9985 or 704B.360.

      2.  “Alternative seller” means a person who sells any competitive, discretionary or potentially competitive component of natural gas service pursuant to NRS 704.993 to 704.999, inclusive.

      3.  “Commission” means the Public Utilities Commission of Nevada.

      4.  “Provider of new electric resources” has the meaning ascribed to it in NRS 704B.130.

      [Part 6:109:1919; 1919 RL p. 3155; NCL § 6105]—(NRS A 1995, 2606; 1997, 1881, 2020, 2664; 1999, 492; 2001, 341; 2003, 3025)

      NRS 703.020  Creation.  The Public Utilities Commission of Nevada is hereby created.

      [Part 1:109:1919; 1919 RL p. 3154; NCL § 6100]—(NRS A 1997, 1881)

      NRS 703.023  Seal.  The Commission shall have a seal upon which must be the words “Public Utilities Commission of Nevada,” by which the Commission shall authenticate its proceedings and orders. All papers made under the seal must be admitted in evidence without further authenticity or proof.

      [Part 6:109:1919; 1919 RL p. 3155; NCL § 6105]—(NRS A 1997, 1882)

ORGANIZATION AND FINANCIAL ADMINISTRATION

      NRS 703.025  Reorganization of Commission; duties of Commission relating to reorganization; Commission authorized to adopt regulations for operation and enforcement of laws; plan for reorganization.

      1.  The Commission, by majority vote, shall organize the Commission into sections, alter the organization of the Commission and reassign responsibilities and duties of the sections of the Commission as the Commission deems necessary to provide:

      (a) Advice and guidance to the Commission on economic policies relating to utilities under the jurisdiction of the Commission, and the regulation of such utilities;

      (b) Administrative, technical, legal and support services to the Commission; and

      (c) For the regulation of utilities governed by the Commission and the services offered by such utilities, including, but not limited to, licensing of such utilities and services and the resolution of consumer complaints.

      2.  The Commission shall:

      (a) Formulate the policies of the various sections of the Commission;

      (b) Coordinate the activities of the various sections of the Commission;

      (c) If customers are authorized by a specific statute to obtain a competitive, discretionary or potentially competitive utility service, take any actions which are consistent with the statute and which are necessary to encourage and enhance:

             (1) A competitive market for the provision of that utility service to customers in this State; and

             (2) The reliability and safety of the provision of that utility service within that competitive market; and

      (d) Adopt such regulations consistent with law as the Commission deems necessary for the operation of the Commission and the enforcement of all laws administered by the Commission.

      3.  Before reorganizing the Commission, the Commission shall submit the plan for reorganization to:

      (a) The Director of the Legislative Counsel Bureau for transmittal to the appropriate legislative committee and the Interim Finance Committee; and

      (b) The Director of the Department of Administration.

      (Added to NRS by 1997, 1880; A 2001, 341)

      NRS 703.030  Commissioners: Appointment; terms; qualifications.

      1.  The Commission consists of three Commissioners appointed by the Governor for terms of 4 years.

      2.  The Governor shall appoint as members of the Commission persons who have at least 2 years of experience in one or more of the following fields:

      (a) Accounting.

      (b) Business administration.

      (c) Finance or economics.

      (d) Administrative law.

      (e) Professional engineering.

      3.  Not more than two of the Commissioners may be:

      (a) Members of the same political party.

      (b) From the same field of experience.

      [Part 2:109:1919; A 1947, 29; 1953, 252]—(NRS A 1957, 331; 1983, 1308; 1997, 1881)

      NRS 703.040  Commissioners: Additional qualifications; restrictions on other employment.

      1.  All of the Commissioners shall be persons who are independent of the industries regulated by the Commission and who possess demonstrated competence.

      2.  No Commissioner may be pecuniarily interested in any public utility in this state or elsewhere.

      3.  Except as otherwise provided in NRS 284.143, the Commissioners shall give their entire time to the business of the Commission and shall not pursue any other business or vocation or hold any other office of profit.

      4.  No Commissioner may be a member of any political convention or a member of any committee of any political party.

      [Part 2:109:1919; A 1947, 29; 1953, 252] + [Part 3:109:1919; A 1953, 252] + [Part 4:109:1919; A 1953, 252]—(NRS A 1957, 332; 1977, 758; 1997, 621)

      NRS 703.050  Commissioners: Oaths.

      1.  Before entering upon the duties of office, each Commissioner shall subscribe to the constitutional oath of office, and shall in addition swear that the Commissioner is not pecuniarily interested in any public utility in this State as defined in chapter 704 of NRS.

      2.  The oath of office shall be filed in the Office of the Secretary of State.

      [Part 4:109:1919; A 1953, 252]—(NRS A 1975, 934; 1977, 1115)

      NRS 703.060  Commissioners: Removal.  The Governor shall have the power to remove any Commissioner for inefficiency, neglect of duty or malfeasance in office. Such removal shall be upon public hearing after 10 days’ notice and the service of a copy of the charges upon the Commissioner. The record of any such proceedings shall be filed with the Secretary of State if a Commissioner is removed.

      [Part 3:109:1919; A 1953, 252]

      NRS 703.070  Commissioners: Designation of Commissioner to serve as Chair.  The Governor shall designate one of the Commissioners to be Chair, whose term as Chair shall be at the pleasure of the Governor.

      [Part 2:109:1919; A 1947, 29; 1953, 252]—(NRS A 1957, 332; 1997, 1881; 2009, 608)

      NRS 703.080  Commissioners: Unclassified service of State; Acting Commissioners not entitled to participate in certain programs or receive certain benefits.

      1.  The Chair and the other Commissioners, including any Acting Commissioners, are in the unclassified service of the State.

      2.  Notwithstanding any other specific statute to the contrary and regardless of the length of service, a person who is appointed to serve as an Acting Commissioner pursuant to NRS 703.085 is not entitled because of that appointment to participate in any programs or receive any benefits that are offered or provided to state officers or employees in the unclassified service of the State pursuant to chapter 284, 286 or 287 of NRS.

      [Part 5:109:1919; A 1931, 225; 1941, 40; 1949, 449; 1951, 200; 1953, 252] + [20:295:1953; A 1955, 525]—(NRS A 1957, 332; 1959, 788; 1960, 396; 1961, 657; 1963, 1333; 1965, 706; 1967, 1504; 1971, 1443; 1981, 1285; 2003, 3024)

      NRS 703.085  Commissioners: Number required to act; number required to enter final order; appointment, powers and duties, terms of service and reappointment of Acting Commissioners.

      1.  All commissioners are required for the Commission to act in any matter involving:

      (a) A general rate application or an annual deferred energy accounting adjustment application of an electric utility or a public utility which purchases natural gas for resale; and

      (b) A plan of an electric utility to increase its supply of electricity or decrease the demands made on its system pursuant to NRS 704.741.

      2.  Except as otherwise provided in subsection 1, a majority of the commissioners has full power to act in all matters within the jurisdiction of the Commission.

      3.  Before the Commission may enter a final order on a matter, there must be at least the required number of commissioners who are able to act on the matter. If there are fewer than the required number of commissioners who are able to act on the matter because of disqualifications, illnesses, incapacities, vacancies that have not yet been filled, or any other reason, the Governor shall appoint the requisite number of persons to serve as acting commissioners in the place of the commissioners who are unable to act on the matter so that there are at least the required number of persons who are able to act on the matter, whether serving as a commissioner or an acting commissioner. If there are fewer than the required number of commissioners who are able to act on the matter because of disqualifications, illnesses, incapacities, vacancies that have not yet been filled, or any other reason, and the Governor has not appointed the requisite number of persons to serve as acting commissioners pursuant to this subsection, the Commission may designate a hearing officer appointed pursuant to subsection 7 of NRS 703.130 to serve as an acting commissioner.

      4.  Before the Governor may appoint a person to serve as an acting commissioner in the place of a commissioner who is unable to act on the matter, the person must be qualified to serve in the office of that commissioner as if the Governor were appointing the person to fill a vacancy in that office.

      5.  A person who is appointed or authorized to serve as an acting commissioner shall be deemed to be a commissioner and is entitled to exercise the powers of a commissioner only in proceedings before the Commission that involve the matter or matters for which the person is appointed or authorized to serve as an acting commissioner.

      6.  A person who is appointed to serve as an acting commissioner:

      (a) Is subject to all legal requirements and restrictions and enjoys all legal protections and immunities that apply to a commissioner and to state officers generally while the person is engaged in the business of the Commission as an acting commissioner; and

      (b) Is entitled to receive, for each day the person is engaged in the business of the Commission as an acting commissioner, a salary of $80 and the per diem allowance and travel expenses provided for state officers and employees generally. The person is not entitled to receive any other compensation for serving as an acting commissioner.

      7.  A person who is appointed to serve as an acting commissioner serves at the pleasure of the Governor. The appointment of the person expires:

      (a) On the date that the Governor declares that the appointment has expired; or

      (b) On the date that the matter or matters for which the person was appointed are no longer pending before the Commission,

Ê whichever date occurs earlier.

      8.  The Governor may reappoint a person to serve as an acting commissioner.

      (Added to NRS by 2003, 3023; A 2009, 608)

      NRS 703.100  Suits by and against Commission.  The Commission may sue and be sued in the name of the Public Utilities Commission of Nevada.

      [Part 6:109:1919; 1919 RL p. 3155; NCL § 6105]—(NRS A 1997, 1882)

      NRS 703.110  Hearings and meetings open to public.  Except as otherwise provided in this chapter, all hearings and meetings conducted by the Commission must be open to the public.

      [Part 2:109:1919; A 1947, 29; 1953, 252]—(NRS A 1957, 332; 1967, 1094; 1971, 656; 1973, 1036; 1979, 1108; 1983, 1308; 1989, 441; 1997, 1882; 2003, 3024)

      NRS 703.120  Principal and secondary offices; filing of documents at secondary office.

      1.  The Commission shall keep its principal office at Carson City, Nevada, in rooms provided by the Buildings and Grounds Section of the State Public Works Division of the Department of Administration and may maintain another office in Las Vegas, Nevada.

      2.  If an office is so maintained in Las Vegas, any document which is required to be filed with the Commission may be filed at its office in Las Vegas with the same effect as if it were filed at the office in Carson City.

      [Part 6:109:1919; 1919 RL p. 3155; NCL § 6105]—(NRS A 1963, 1071; 1973, 1477; 1987, 778; 1993, 1924)

      NRS 703.130  Personnel and consultants; Executive Director; Secretary and Assistant Secretary; hearing officers.

      1.  The Commission shall, within the limits of legislative appropriations or authorizations, employ and fix the salaries of or contract for the services of such professional, technical and operational personnel and consultants as the execution of its duties and the operation of the Commission may require.

      2.  The Commission shall appoint an Executive Director, who must be:

      (a) Knowledgeable and experienced in public administration and fiscal management;

      (b) Knowledgeable in the areas of utility regulation by the Commission; and

      (c) Independent of and have no pecuniary interest in any entity regulated by the Commission.

      3.  The Executive Director shall:

      (a) Serve as Chief Financial Officer for the Commission;

      (b) Direct the daily operation of the Commission, including, without limitation:

             (1) Budget preparation;

             (2) Administration;

             (3) Human resources;

             (4) Purchases and acquisitions made by the Commission; and

             (5) Contracts and leases entered into by the Commission;

      (c) Develop and implement policies and procedures to ensure the efficient operation of the Commission;

      (d) Oversee:

             (1) The review of applications for certificates, permits and modifications of tariffs;

             (2) The maintenance of a hearing calendar of all matters pending before the Commission; and

             (3) Compliance with and enforcement of statutes and regulations pertaining to utilities which are regulated by the Commission; and

      (e) Authenticate documents and serve as custodian of all agency records.

      4.  The Executive Director is in the unclassified service of the State.

      5.  The Executive Director, with the approval of the Commission, shall designate a Secretary who shall perform such administrative and other duties as are prescribed by the Executive Director. The Executive Director, with the approval of the Commission, shall also designate an Assistant Secretary.

      6.  The Executive Director may employ such other clerks, experts or engineers as may be necessary.

      7.  Except as otherwise provided in subsection 8, the Commission:

      (a) May appoint one or more hearing officers for a period specified by the Commission to conduct proceedings or hearings that may be conducted by the Commission pursuant to NRS 702.160 and 702.170 and chapters 704, 704A, 704B, 705, 708 and 711 of NRS.

      (b) Shall prescribe by regulation the procedure for appealing a decision of a hearing officer to the Commission.

      8.  The Commission shall not appoint a hearing officer to conduct proceedings or hearings:

      (a) In any matter pending before the Commission pursuant to NRS 704.7561 to 704.7595, inclusive; or

      (b) In any matter pending before the Commission pursuant to NRS 704.061 to 704.110, inclusive, in which an electric utility has filed a general rate application or an annual deferred energy accounting adjustment application.

      9.  As used in this section, “electric utility” has the meaning ascribed to it in NRS 704.187.

      [Part 5:109:1919; A 1931, 225; 1941, 40; 1949, 449; 1951, 200; 1953, 252]—(NRS A 1967, 1094, 1382, 1504; 1971, 1443; 1979, 1108; 1981, 1285; 1999, 3259; 2001, 342, 3238; 2007, 2976; 2009, 609, 1390; 2013, 738)

      NRS 703.140  Expenses of Commissioners and employees: Sworn statement and approval required.  The expenditures of each Commissioner and employee of the Commission while traveling on its business must be sworn to by the person who incurred the expense and must be approved by the Chair of the Commission.

      [42:109:1919; 1919 RL p. 3167; NCL § 6143]—(NRS A 1979, 1109; 1985, 448)

      NRS 703.145  Expenses of investigations, inspections, audits and appearances made outside State.

      1.  Any public utility subject to the jurisdiction of the Commission which elects to maintain its books and records outside the State of Nevada must, in addition to any other assessment and fees provided for by law, be assessed by the Commission for an amount equal to the per diem allowance and travel expenses of Commission members and staff for investigations, inspections and audits required to be performed outside this State. The per diem allowance and travel expenses of the members of the Commission and its staff must be assessed at the rate established by the State Board of Examiners for state officers and employees generally.

      2.  Any public utility subject to the jurisdiction of the Commission must, in addition to any other assessment and fees provided for by law, be assessed by the Commission for an amount equal to the per diem allowance and travel expenses of Commission members and staff for investigations, audits and appearances required to be performed out of this State as a result of interventions in:

      (a) Federal Energy Regulatory Commission proceedings as authorized in NRS 703.152; or

      (b) Actions involving the Federal Communications Commission or other federal regulatory agencies,

Ê if the intervention is made to benefit the public utility or its customers. The per diem allowance and travel expenses of the members of the Commission and its staff must be assessed at the rate established by the State Board of Examiners for state officers and employees generally.

      3.  The assessments provided for by this section must be determined by the Commission upon the completion of each such investigation, inspection, audit or appearance and are due within 30 days after receipt by the affected utility of the notice of assessment. The total amount assessed by the Commission in 1 year pursuant to subsection 2 must not exceed $50,000.

      4.  The records of the Commission relating to the additional costs incurred by reason of the necessary additional travel must be open for inspection by the affected utility at any time within the 30-day period.

      5.  The Commission shall, not later than 2 business days after receiving a written request from the Legislative Commission, report to the Legislature the amount of assessments charged public utilities pursuant to subsection 2 during the previous biennium or any other period specified by the Legislative Commission.

      (Added to NRS by 1973, 1832; A 1989, 609; 1991, 400; 1993, 442; 1995, 64; 1997, 1882; 2007, 544, 604)

      NRS 703.147  Public Utilities Commission Regulatory Fund.

      1.  The Public Utilities Commission Regulatory Fund is hereby created as a special revenue fund. Except as otherwise provided in NRS 702.170 and 704.7828, all money collected by the Commission pursuant to law must be deposited in the State Treasury for credit to the Fund. Money collected for the use of the Consumer’s Advocate of the Bureau of Consumer Protection in the Office of the Attorney General must be transferred pursuant to the provisions of subsection 8 of NRS 704.035.

      2.  Money in the Fund which belongs to the Commission may be used:

      (a) To defray the costs of:

             (1) Maintaining staff and equipment to regulate adequately public utilities and other persons subject to the jurisdiction of the Commission.

             (2) Participating in all rate cases involving those persons.

             (3) Audits, inspections, investigations, publication of notices, reports and retaining consultants connected with that regulation and participation.

             (4) The salaries, travel expenses and subsistence allowances of the members of the Commission.

      (b) For any other purpose authorized by the Legislature.

      3.  All claims against the Fund must be paid as other claims against the State are paid.

      4.  The Commission must furnish upon request a statement showing the balance remaining in the Fund as of the close of the preceding fiscal year.

      (Added to NRS by 1979, 148; A 1981, 1677; 1997, 1883; 2001, 2526, 3238; 2010, 26th Special Session, 26)

      NRS 703.148  Expenditure of money from reserve account to provide education and informational services to public; use of independent contractor to provide such services.  The Commission may expend money from its reserve account to provide education and informational services necessary to educate and inform the residents in this state on issues related to the provision of utility services in this state. The Commission may contract with an independent person to provide such educational and informational services.

      (Added to NRS by 1997, 1902; A 2001, 352)

POWERS AND DUTIES

      NRS 703.150  General duties.  The Commission shall supervise and regulate the operation and maintenance of public utilities and other persons named and defined in chapters 704, 704A and 708 of NRS pursuant to the provisions of those chapters.

      [Part 1:109:1919; 1919 RL p. 3154; NCL § 6100]—(NRS A 1979, 246; 1985, 2047; 1997, 1883)

      NRS 703.151  Duties of Commission in adopting regulations relating to provision of electric service.  In adopting regulations pursuant to this title relating to the provision of electric service, the Commission shall ensure that the regulations:

      1.  Protect, further and serve the public interest;

      2.  Provide effective protection for customers who depend upon electric service;

      3.  Provide for stability in rates and for the availability and reliability of electric service;

      4.  Encourage the development and use of renewable energy resources; and

      5.  Require providers of electric service to engage in prudent business management, effective long-term planning, responsible decision making, sound fiscal strategies and efficient operations.

      (Added to NRS by 1997, 1880; A 2001, 342)

      NRS 703.152  Legislative findings on cost of energy in Nevada; Commission authorized to represent State in matters affecting development, transmission, use or cost of energy in Nevada.

      1.  The Legislature finds that the cost of energy in Nevada is affected by the Federal Energy Regulatory Commission in its regulation of the transmission of energy into and out of the State of Nevada, and the concerns of the public utilities and their customers in this State should be represented at the hearings of that Commission which affect Nevada.

      2.  The Public Utilities Commission of Nevada, within the limits of its budget and as it deems necessary, may bring an action, file a petition or intervene before the Federal Energy Regulatory Commission or in any court on behalf of the public utilities and their customers in this State and represent their views in any matter which affects the development, transmission, use or cost of energy in Nevada.

      (Added to NRS by 1981, 336; A 1997, 1883)

      NRS 703.153  Commission may agree to conduct inspections to ensure compliance with federal statutes and regulations governing safety of storage facilities and interstate pipelines.  The Commission may enter into an agreement with the Secretary of Transportation which authorizes the Commission to conduct inspections as an agent of the Federal Government to ensure compliance with federal statutes and regulations governing the safety of storage facilities and interstate pipelines which transport:

      1.  Petroleum or any petroleum product;

      2.  Any substance which is in a liquid state, including liquefied natural gas, when transported by pipeline or pipeline facilities and which may pose an unreasonable risk to life or property when transported by pipeline or pipeline facilities; or

      3.  Any gas, including natural gas, flammable gas or gas which is toxic or corrosive.

      (Added to NRS by 1981, 16; A 1993, 297)

      NRS 703.154  Regulations to ensure safe operation and maintenance of storage facilities and intrastate pipelines; Commission has final authority to regulate such facilities and pipelines; administrative fine.

      1.  The Commission may adopt such regulations as are necessary to ensure the safe operation and maintenance of all storage facilities and intrastate pipelines in this State which are used to store and transport natural gas, liquefied petroleum gas, in its liquid or vapor form, or any mixture thereof. Regulations adopted pursuant to this subsection do not apply to activities that are subject to the provisions of NRS 590.465 to 590.645, inclusive, or chapter 704 of NRS.

      2.  If the Commission and any other governmental entity or agency of the State have coexisting jurisdiction over the regulation of such storage facilities and intrastate pipelines, the Commission has the final authority to regulate those facilities and pipelines and to take such actions as are necessary to carry out the regulations adopted pursuant to subsection 1.

      3.  A person who violates any of the provisions of a regulation adopted by the Commission pursuant to subsection 1 is liable for an administrative fine not to exceed $1,000 per day for each day of the violation and not to exceed $200,000 for any related series of violations. The amount of the administrative fine must be determined in the manner provided in NRS 703.380.

      (Added to NRS by 1993, 296; A 2007, 35)

      NRS 703.1545  Commission authorized to participate in federal program of safety relating to railroads.  The Commission shall:

      1.  Enter into an agreement with the Secretary of Transportation pursuant to 49 U.S.C. § 20105 that authorizes the Commission to participate in the enforcement of federal safety regulations and orders applicable to railroad equipment, facilities, rolling stock and operations in this state.

      2.  Accept and expend any federal money made available pursuant to 49 U.S.C. § 20105 for carrying out a safety program relating to railroads.

      3.  Adopt regulations concerning the safety of railroads in this state that incorporate the provisions of the statutes and regulations of other states and the Federal Government relating to railroad safety which the Commission determines are appropriate for this state.

      (Added to NRS by 1997, 1274)

      NRS 703.160  Place of session or hearing.  The Commission may hold sessions or hearings at its office or at such other place or places as the convenience of the Commission or of the parties requires.

      [Part 6:109:1919; 1919 RL p. 3155; NCL § 6105]

      NRS 703.164  Employment of legal counsel; duties of Attorney General and district attorneys.

      1.  The Commission may employ, or retain on a contract basis, legal counsel who shall:

      (a) Except as otherwise provided in subsection 2, be counsel and attorney for the Commission in all actions, proceedings and hearings.

      (b) Prosecute in the name of the Commission all civil actions for the enforcement of NRS 702.160 and 702.170 and chapters 704, 704A, 704B, 705 and 708 of NRS and for the recovery of any penalty or forfeiture provided for therein.

      (c) Generally aid the Commission in the performance of its duties and the enforcement of NRS 702.160 and 702.170 and chapters 704, 704A, 704B, 705 and 708 of NRS.

      2.  Each district attorney shall:

      (a) Prosecute any violation of chapter 704, 704A, 705, 708 or 711 of NRS for which a criminal penalty is provided and which occurs in the district attorney’s county.

      (b) Aid in any investigation, prosecution, hearing or trial held under the provisions of chapter 704, 704A, 705, 708 or 711 of NRS and, at the request of the Commission or its legal counsel, act as counsel and attorney for the Commission.

      3.  The Attorney General shall, if the district attorney fails or refuses to do so, prosecute all violations of the laws of this state by public utilities under the jurisdiction of the Commission and their officers, agents and employees.

      4.  The Attorney General is not precluded from appearing in or moving to intervene in any action and representing the interest of the State of Nevada in any action in which the Commission is a party and is represented by independent counsel.

      [40:109:1919; 1919 RL p. 3167; NCL § 6141]—(NRS A 1979, 199; 1981, 1677; 1985, 2048; 1997, 1885; 2001, 3239)

      NRS 703.168  Cooperation with federal and state agencies.  The Commission may, in carrying out its duties:

      1.  Cooperate with the Federal Government, its departments and agencies.

      2.  Confer with the regulatory agencies of other states on matters of mutual concern and benefit to persons served by the public utilities and alternative sellers of this state.

      3.  Use the services, records, facilities and cooperation of federal and state regulatory agencies, and hold joint hearings and participate in joint conferences to reach decisions in matters which require cooperation. All necessary expenses incurred in attending hearings and conferences outside this state are a charge against the State, and must be paid as other claims against this state are paid. The claims must be sworn to by the Commissioner who incurred the expense and approved by the Chair.

      [2:110:1937; 1931 NCL § 6167.12] + [3:110:1937; 1931 NCL § 6167.13] + [4:110:1937; 1931 NCL § 6167.14] + [5:110:1937; 1931 NCL § 6167.15]—(NRS A 1967, 1094; 1979, 246; 1997, 1886, 2020; 2003, 630)

      NRS 703.172  Division of Consumer Complaint Resolution: Establishment; duties.

      1.  A Division of Consumer Complaint Resolution is hereby established within the Commission.

      2.  Pursuant to regulations adopted by the Commission, the Division of Consumer Complaint Resolution shall:

      (a) Receive and investigate complaints made against any public utility or alternative seller;

      (b) Conduct appropriate investigations of the service practices of utility companies or alternative sellers; and

      (c) Perform such other functions as are required by law or as the Commission deems appropriate.

      (Added to NRS by 1975, 622; A 1977, 1375; 1979, 247; 1997, 1886, 2020)

      NRS 703.175  Request from certain regulatory agencies to disconnect telephone number: Commission to issue order to appropriate provider of service; good faith compliance with order constitutes complete defense to action arising from termination of service.

      1.  Upon receiving a request to disconnect a telephone number from the State Contractors’ Board pursuant to NRS 624.720, the Board of Massage Therapists pursuant to NRS 640C.930 or the Nevada Transportation Authority pursuant to NRS 706.758, the Commission shall issue an order to the appropriate provider of telephone service to disconnect the telephone number.

      2.  Compliance in good faith by a provider of telephone service with an order of the Commission to terminate service issued pursuant to this section shall constitute a complete defense to any civil or criminal action brought against the provider of telephone service arising from the termination of service.

      3.  As used in this section, “provider of telephone service” has the meaning ascribed to it in NRS 707.355.

      (Added to NRS by 1999, 2858; A 2009, 2585)

REPORTS, RECORDS AND PUBLICATIONS

      NRS 703.180  Biennial report of Commission.  The Commission shall make and publish biennial reports showing its proceedings.

      [Part 12:109:1919; 1919 RL p. 3157; NCL § 6111]

      NRS 703.190  Records of Commission open to public inspection; exception.

      1.  Except as otherwise provided in this section, all biennial reports, records, proceedings, papers and files of the Commission must be open at all reasonable times to the public.

      2.  The Commission shall, upon receipt of a request from a public utility, alternative seller, provider of discretionary natural gas service or provider of new electric resources, prohibit the disclosure of any applicable information in the possession of the Commission or an affected governmental entity concerning the public utility, alternative seller, provider of discretionary natural gas service or provider of new electric resources, if the Commission determines that the information would otherwise be entitled to protection as a trade secret or confidential commercial information pursuant to NRS 49.325 or 600A.070 or Rule 26(c)(7) of the Nevada Rules of Civil Procedure. Upon making such a determination, the Commission shall establish the period during which the information must not be disclosed and a procedure for protecting the information during and after that period.

      [Part 12:109:1919; 1919 RL p. 3157; NCL § 6111]—(NRS A 1995, 385; 2003, 3025)

      NRS 703.191  Duty of public utilities and certain entities to furnish information and annual reports.

      1.  Each public utility that is regulated by the Commission or elects to be regulated under an alternative plan of regulation pursuant to NRS 704.997, and each alternative seller, provider of discretionary natural gas service and provider of new electric resources shall:

      (a) Keep uniform and detailed accounts of all applicable business transacted in this State as required by the Commission by regulation, and render them to the Commission or an affected governmental entity upon its request.

      (b) Furnish an annual report, with respect to all applicable business transacted in this State, to the Commission and each affected governmental entity in the form and detail which the Commission prescribes by regulation.

      2.  The reports required by this section must be prepared for each calendar year and submitted not later than May 15 of the year following the year for which the report is submitted.

      3.  If the Commission or an affected governmental entity finds that necessary information with respect to applicable business transacted in this State is not contained in a report submitted pursuant to this section, the Commission or affected governmental entity may call for the omitted information at any time.

      (Added to NRS by 1979, 243; A 1989, 1018; 1995, 2606; 1997, 1883, 2664; 1999, 492; 2003, 3026)

      NRS 703.193  Annual reports, records and statements to be submitted under oath.  Every annual report, record or statement required by law to be made to the Commission must be submitted under oath by the proper officer, agent or person responsible for submitting the report, record or statement.

      (Added to NRS by 1979, 243)

      NRS 703.195  Examination of records and other property of public utilities and certain entities; exception.

      1.  Except as otherwise provided in subsection 2, any Commissioner, any officer or employee of the Commission who is designated by the Commission, or any officer or employee of an affected governmental entity who is designated by the affected governmental entity may examine during regular business hours the books, accounts, records, minutes, papers and property of any public utility, alternative seller, provider of discretionary natural gas service or provider of new electric resources who does business in this State, with respect to such business, regardless of whether the book, account, record, minutes, paper or property is located within this State.

      2.  No personnel records of an employee may be examined pursuant to subsection 1 unless the records contain information relating to a matter of public safety or the Commission determines that the examination is required to protect the interests of the public.

      3.  As used in this section, “personnel records” does not include:

      (a) The name of the employee who is the subject of the record;

      (b) The gross compensation and perquisites of the employee;

      (c) Any record of the business expenses of the employee;

      (d) The title or any description of the position held by the employee;

      (e) The qualifications required for the position held by the employee;

      (f) The business address of the employee;

      (g) The telephone number of the employee at the place of business of the employee;

      (h) The work schedule of the employee;

      (i) The date on which the employment of the employee began; and

      (j) If applicable, the date on which the employment of the employee was terminated.

      (Added to NRS by 1979, 243; A 1995, 386; 1997, 1884; 2003, 3026)

      NRS 703.196  Disclosure and confidentiality of records and other property of public utilities and certain entities.

      1.  Any books, accounts, records, minutes, papers and property of any public utility, alternative seller, provider of discretionary natural gas service or provider of new electric resources that are subject to examination pursuant to NRS 703.190 or 703.195 and are made available to the Commission, any officer or employee of the Commission, an affected governmental entity, any officer or employee of an affected governmental entity, the Bureau of Consumer Protection in the Office of the Attorney General or any other person under the condition that the disclosure of such information to the public be withheld or otherwise limited, must not be disclosed to the public unless the Commission first determines that the disclosure is justified.

      2.  The Commission shall take such actions as are necessary to protect the confidentiality of such information, including, without limitation:

      (a) Granting such protective orders as it deems necessary; and

      (b) Holding closed hearings to receive or examine such information.

      3.  If the Commission closes a hearing to receive or examine such information, it shall:

      (a) Restrict access to the records and transcripts of such hearings without the prior approval of the Commission or an order of a court of competent jurisdiction authorizing access to the records or transcripts; and

      (b) Prohibit any participant at such a hearing from disclosing such information without the prior authorization of the Commission.

      4.  A representative of the Regulatory Operations Staff of the Commission and the Bureau of Consumer Protection:

      (a) May attend any closed hearing held pursuant to this section; and

      (b) Have access to any records or other information determined to be confidential pursuant to this section.

      5.  The Commission shall consider in an open meeting whether the information reviewed or examined in a closed hearing may be disclosed without revealing the confidential subject matter of the information. To the extent the Commission determines the information may be disclosed, the information must become a part of the records available to the public. Information which the Commission determines may not be disclosed must be kept under seal.

      (Added to NRS by 1995, 385; A 1997, 1884; 2001, 3239; 2003, 3027)

      NRS 703.197  Fees for filing documents.

      1.  The Commission may collect fees for the filing of any official document required by this chapter and chapters 704, 704A, 704B, 705 and 708 of NRS or by a regulation of the Commission.

      2.  Filing fees may not exceed:

      (a) For applications, $200.

      (b) For petitions seeking affirmative relief, $200.

      (c) For each tariff page which requires public notice and is not attached to an application, $10. If more than one page is filed at one time, the total fee may not exceed the cost of notice and publication.

      (d) For all other documents which require public notice, $10.

      3.  If an application or other document is rejected by the Commission because it is inadequate or inappropriate, the filing fee must be returned.

      4.  The Commission may not charge any fee for filing:

      (a) A complaint.

      (b) A request for a refund pursuant to NRS 702.160.

      (Added to NRS by 1979, 244; A 1985, 2047; 1997, 1885; 2001, 3240)

      NRS 703.205  Publication of pamphlets.  The Commission shall prepare and publish pamphlets and other descriptive material which:

      1.  Contain information about the Commission and the public utilities under the jurisdiction of the Commission.

      2.  Encourage the conservation of energy.

      (Added to NRS by 1977, 1375; A 1983, 201)

ADMINISTRATIVE PROCEEDINGS

      NRS 703.301  Rights of Regulatory Operations Staff to appear and participate in contested case and to be represented by legal counsel; restrictions on certain communications between Commissioner and Regulatory Operations Staff.

      1.  In any contested case pending before the Commission, the Regulatory Operations Staff of the Commission may, without filing a petition for leave to intervene:

      (a) Appear and participate in the contested case as an independent party; and

      (b) Be represented by legal counsel in the contested case.

      2.  A Commissioner may not discuss with a member of the Regulatory Operations Staff of the Commission any substantive issues of fact or law concerning a contested case pending before the Commission except upon notice to all parties to the contested case and an opportunity for all such parties to participate.

      3.  As used in this section, “contested case” has the meaning ascribed to it in NRS 233B.032.

      (Added to NRS by 2001, 3237)

      NRS 703.310  Complaint against public utility or alternative seller: Investigation by Division of Consumer Complaint Resolution; notice and hearing.

      1.  When a complaint is made against any public utility or alternative seller by any person, that any of the rates, tolls, charges or schedules for regulated services, or any joint rate or rates are in any respect unreasonable or unjustly discriminatory, or any regulation, measurement, practice or act affecting or relating to the production, transmission or delivery or furnishing of heat, light, gas, coal slurry, water or power, or any service in connection therewith or the transmission thereof is, in any respect, unreasonable, insufficient or unjustly discriminatory, or that any service is inadequate, the Division of Consumer Complaint Resolution shall investigate the complaint. After receiving the complaint, the Division shall give a copy of it to the public utility or alternative seller against whom the complaint is made. Within a reasonable time thereafter, the public utility or alternative seller shall provide the Commission with its written response to the complaint according to the regulations of the Commission.

      2.  If the Division of Consumer Complaint Resolution is unable to resolve the complaint, the Division shall transmit the complaint, the results of its investigation and its recommendation to the Commission. If the Commission determines that probable cause exists for the complaint, it shall order a hearing thereof, give notice of the hearing and conduct the hearing as it would any other hearing.

      3.  No order affecting a rate, toll, charge, schedule, regulation, measurement, practice or act complained of may be entered without a formal hearing unless the hearing is dispensed with as provided in NRS 703.320.

      (Added to NRS by 1979, 244; A 1981, 108; 1983, 201; 1987, 2255; 1995, 2606; 1997, 1886, 2020, 2665; 1999, 492)

      NRS 703.320  Notice and hearing: Duty of Commission to provide notice of certain pending matters; regulations regarding notice; hearing required in certain pending matters; power of Commission to dispense with hearing in certain pending matters.  Except as otherwise provided in subsections 9 and 11 of NRS 704.110:

      1.  In any matter pending before the Commission, if a hearing is required by a specific statute or is otherwise required by the Commission, the Commission shall give notice of the pendency of the matter to all persons entitled to notice of the hearing. The Commission shall by regulation specify:

      (a) The manner of giving notice in each type of proceeding; and

      (b) The persons entitled to notice in each type of proceeding.

      2.  The Commission shall not dispense with a hearing:

      (a) In any matter pending before the Commission pursuant to NRS 704.7561 to 704.7595, inclusive; or

      (b) Except as otherwise provided in paragraph (f) of subsection 1 of NRS 704.100, in any matter pending before the Commission pursuant to NRS 704.061 to 704.110, inclusive, in which an electric utility has filed a general rate application or an annual deferred energy accounting adjustment application pursuant to NRS 704.187.

      3.  In any other matter pending before the Commission, the Commission may dispense with a hearing and act upon the matter pending unless, within 10 days after the date of the notice of pendency, a person entitled to notice of the hearing files with the Commission a request that the hearing be held. If such a request for a hearing is filed, the Commission shall give at least 10 days’ notice of the hearing.

      4.  As used in this section, “electric utility” has the meaning ascribed to it in NRS 704.187.

      (Added to NRS by 1979, 244; A 1997, 2666; 1999, 492; 2001, 343, 3240; 2005, 1918; 2007, 2977; 2011, 383; 2013, 739)

      NRS 703.330  Record of hearings: Recording and transcription of testimony; costs; copies available to parties; confidentiality.

      1.  A complete record must be kept of all hearings before the Commission. All testimony at such hearings must be taken down by the stenographer appointed by the Commission or, under the direction of any competent person appointed by the Commission, must be reported by sound recording equipment in the manner authorized for reporting testimony in district courts. The testimony reported by a stenographer must be transcribed, and the transcript filed with the record in the matter. The Commission may by regulation provide for the transcription or safekeeping of sound recordings. The costs of recording and transcribing testimony at any hearing, except those hearings ordered pursuant to NRS 703.310, must be paid by the applicant. If a complaint is made pursuant to NRS 703.310 by a customer or by a political subdivision of the State or municipal organization, the complainant is not liable for any costs. Otherwise, if there are several applicants or parties to any hearing, the Commission may apportion the costs among them in its discretion.

      2.  A copy of the proceedings and testimony must be furnished to any party, on payment of a reasonable amount to be fixed by the Commission, and the amount must be the same for all parties.

      3.  The provisions of this section do not prohibit the Commission from:

      (a) Restricting access to the records and transcripts of a hearing pursuant to paragraph (a) of subsection 3 of NRS 703.196.

      (b) Protecting the confidentiality of information pursuant to NRS 704B.310, 704B.320 or 704B.325.

      (Added to NRS by 1979, 245; A 1983, 967; 1995, 386; 2001, 3241; 2003, 1257; 2011, 937)

      NRS 703.340  Witnesses: Order of Commission for appearance; fees and mileage.

      1.  Either party is entitled to an order by the Commission for the appearance of witnesses or the production of books, papers and documents containing material testimony.

      2.  Witnesses appearing upon the order of the Commission are entitled to the same fees and mileage as witnesses in civil actions in the courts of the State, and the fees and mileage must be paid out of the State Treasury in the same manner as other claims against the State are paid. No fees or mileage may be allowed unless the Chair of the Commission certifies the correctness of the claim.

      (Added to NRS by 1979, 245)

      NRS 703.350  Order for production of books, accounts, papers or records.  The Commission may require, by order to be served on any person regulated by the Commission in the same manner as a subpoena in a civil action, the production at a time and place designated by the Commission of any books, accounts, papers or records kept by the person in any office or place outside this State, or verified copies in lieu thereof, if the Commission so directs, so that an examination may be made by the Commission or under its direction, or for use as testimony.

      (Added to NRS by 1979, 245; A 1981, 109, 1598)

      NRS 703.360  Issuance of subpoena by clerk of district court for service to witness failing to appear on Commission’s order; contempt.

      1.  If any person ordered to appear before the Commission as a witness fails to obey the order, the Commission or any Commissioner or the Secretary of the Commission may apply to the clerk of the nearest district court for a subpoena commanding the attendance of the witness before the Commission.

      2.  The clerk shall issue the subpoena, and a peace officer shall serve it.

      3.  Disobedience to a subpoena is a contempt of court and must be punished accordingly.

      (Added to NRS by 1979, 245)

      NRS 703.370  Enforcement of subpoenas issued by Commission.

      1.  The district court for the county in which any investigation or hearing is being conducted by the Commission pursuant to the provisions of this title may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpoena issued by the Commission.

      2.  If any witness refuses to attend or testify or produce any papers required by a subpoena the Commission may report to the district court for the county in which the investigation or hearing is pending by petition, setting forth:

      (a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

      (b) That the witness has been subpoenaed in the manner prescribed in this chapter; and

      (c) That the witness has failed and refused to attend or produce the papers required by subpoena before the Commission in the investigation or hearing named in the subpoena, or has refused to answer questions propounded to the witness in the course of the investigation or hearing,

Ê and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the Commission.

      3.  The court, upon petition of the Commission, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, not more than 10 days from the date of the order, and show cause why the witness has not attended or testified or produced the books or papers before the Commission. A certified copy of the order must be served upon the witness. If it appears to the court that the subpoena was regularly issued by the Commission, the court shall thereupon enter an order that the witness appear before the Commission at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness must be dealt with as if in contempt of court.

      (Added to NRS by 1979, 246)

      NRS 703.373  Judicial review: Petition; answer; participation of Commission; scope of review; grounds for setting aside decision of Commission.

      1.  Any party of record to a proceeding before the Commission is entitled to judicial review of the final decision upon the exhaustion of all administrative remedies by the party of record seeking judicial review.

      2.  Proceedings for review may be instituted by filing a petition for judicial review in the District Court in and for Carson City, in and for the county in which the party of record seeking judicial review resides, or in and for the county where the act on which the proceeding is based occurred.

      3.  A petition for judicial review must be filed within 30 days after final action by the Commission on reconsideration or rehearing, or if the Commission takes no action on reconsideration or rehearing, within 30 days after the date on which reconsideration or rehearing is deemed denied. Copies of the petition for judicial review must be served upon the Commission and all other parties of record.

      4.  The Commission shall participate in the judicial review. Any party of record desiring to participate in the judicial review must file a statement of intent to participate in the petition for judicial review and serve the statement upon the Commission and every party within 15 days after service of the petition for judicial review.

      5.  Within 30 days after the service of the petition for judicial review or such time as is allowed by the court, the Commission shall transmit to the reviewing court a certified copy of the entire record of the proceeding under review, including a transcript of the evidence resulting in the final decision of the Commission. The record may be shortened by stipulation of the parties to the proceedings.

      6.  A petitioner who is seeking judicial review must serve and file a memorandum of points and authorities within 30 days after the Commission gives written notice to the parties that the record of the proceeding under review has been filed with the court.

      7.  The Commission and any other respondents shall serve and file a reply memorandum of points and authorities within 30 days after service of the memorandum of points and authorities, whereupon the action is at issue and the parties must be ready for a hearing upon 20 days’ notice.

      8.  Judicial review of a final decision of the Commission must be:

      (a) Conducted by the court without a jury; and

      (b) Confined to the record.

Ê In cases concerning alleged irregularities in procedure before the Commission that are not shown in the record, the court may receive evidence concerning the irregularities.

      9.  The final decision of the Commission shall be deemed reasonable and lawful until reversed or set aside in whole or in part by the court. The burden of proof is on the petitioner to show that the final decision is invalid pursuant to subsection 11. 

      10.  All actions brought under this section have precedence over any civil action of a different nature pending in the court.

      11.  The court shall not substitute its judgment for that of the Commission as to the weight of the evidence on questions of fact. The court may affirm the decision of the Commission or set it aside in whole or in part if substantial rights of the petitioner have been prejudiced because the final decision of the Commission is:

      (a) In violation of constitutional or statutory provisions;

      (b) In excess of the statutory authority of the Commission;

      (c) Made upon unlawful procedure;

      (d) Affected by other error of law;

      (e) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or

      (f) Arbitrary or capricious or characterized by abuse of discretion.

      (Added to NRS by 1983, 965; A 2011, 938)

      NRS 703.374  Judicial review: Requirements for injunction; burden of proof; filing bond to place into effect proposed changes in schedule of rates.

      1.  A court of competent jurisdiction, after hearing, may issue an injunction suspending or staying any final order of the Commission if:

      (a) The applicant has filed a motion for a preliminary injunction;

      (b) The applicant has served the motion on the Commission and other interested parties within 20 days after the rendition of the order on which the complaint is based;

      (c) The court finds there is a reasonable likelihood that the applicant will prevail on the merits of the matter and will suffer irreparable injury if injunctive relief is not granted; and

      (d) The applicant files a bond or other undertaking to secure the adverse parties in such manner as the court finds sufficient.

      2.  The decision of the Commission on each matter considered shall be deemed reasonable and just until set aside by the court. In all actions for an injunction or for any other relief, the burden of proof is upon the party attacking or resisting the order of the Commission to show by clear and satisfactory evidence that the order is unlawful or unreasonable.

      3.  If an injunction is granted by the court and the order complained of is one which:

      (a) Disapproves a public utility’s proposed changes in a schedule of rates, or any part thereof, pursuant to NRS 704.061 to 704.110, inclusive; or

      (b) Otherwise prevents the proposed changes in the schedule, or any part thereof, from taking effect,

Ê the public utility complaining may place into effect the proposed changes in the schedule, or any part thereof, pending final determination by the court having jurisdiction, by filing a bond with the court in such an amount as the court may fix, conditioned upon the refund to persons entitled to the excess amount if the proposed changes in the schedule, or any part thereof, are finally determined by the court to be excessive.

      (Added to NRS by 1983, 965; A 1995, 2607; 1997, 1887, 2666; 1999, 492; 2001, 3241; 2013, 739)

      NRS 703.375  Judicial review: Refund of excess payment; report of refund; claims for refunds.

      1.  If a court determines that the rate or rates considered by the Commission are excessive, and that the public utility has collected those excessive rates, the public utility shall compute and refund the excess or overpayment of the rate or rates pursuant to a plan approved by the Commission within 60 days after the entry of the final judgment of the court.

      2.  The public utility shall prepare and file with the Commission a statement and report in affidavit form stating that all money has been refunded according to the approved plan, and if there are persons to whom payment has not or cannot be made, the names, addresses and individual amounts of the refund must be listed in the report. The statement and report must be filed with the Commission within 90 days after the entry of final judgment. The public utility shall pay the aggregate amount of the unpaid refunds to the Commission.

      3.  The Commission shall:

      (a) Retain the aggregate refunds in the Public Utilities Commission Regulatory Fund subject to the claim of each person entitled thereto for the person’s share in the refund; and

      (b) Pay all valid claims which are presented for payment within 2 years after the date of the entry of final judgment of the court.

Ê All claimants must identify themselves to the satisfaction of the Commission before payment may be made.

      4.  Any person has a right of action against the Commission in the event of a refusal of the Commission to pay the person’s claim if the person’s name appears in the report filed by the public utility. This action against the Commission must be brought within 6 months after the refusal to pay the claim.

      5.  The Commission shall investigate every case in which a claim is presented to it by a person claiming a refund under a plan submitted by a public utility which was approved by the Commission. If the investigation results in a refusal by the public utility to pay a valid claim, then the claimant has a right of action against the public utility.

      6.  Any unclaimed money which remains in the custody of the Commission at the expiration of the 2-year period escheats to this State.

      (Added to NRS by 1983, 966; A 1995, 2607; 1997, 1888, 2667; 1999, 492)

      NRS 703.376  Judicial review: Appeal to Supreme Court. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]  Any party to the action, within 60 days after the service of a copy of the order or judgment of the district court, may appeal to the Supreme Court as in other civil cases.

      (Added to NRS by 1983, 967; A 1997, 1889)

      NRS 703.376  Judicial review: Appeal to appellate court. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]  Any party to the action, within 60 days after the service of a copy of the order or judgment of the district court, may appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution as in other civil cases.

      (Added to NRS by 1983, 967; A 1997, 1889; 2013, 1796, effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election)

      NRS 703.377  Revocation of certificate, permit or license: Hearing; conditions; judicial review.

      1.  Any certificate of public convenience and necessity, permit or license issued or transferred in accordance with the provisions of NRS 704.001 to 704.754, inclusive, is not a franchise or irrevocable.

      2.  Upon receipt of a written complaint or on its own motion, the Commission may, after investigation and hearing, revoke any certificate, permit or license, except that the Commission may not revoke the certificate of a public utility unless the Commission has arranged for another public utility to provide the service for which the certificate was granted.

      3.  If the Commission revokes any certificate, permit or license, the person who held the certificate, permit or license may seek judicial review pursuant to the provisions of NRS 703.373 to 703.376, inclusive.

      (Added to NRS by 1983, 967; A 1985, 316; 1989, 726; 1997, 1889; 2001, 3242)

PENALTIES

      NRS 703.380  Administrative fines.

      1.  Unless another administrative fine is specifically provided, a person, including, without limitation, a public utility, alternative seller, provider of discretionary natural gas service, provider of new electric resources or holder of any certificate of registration, license or permit issued by the Commission, or any officer, agent or employee of a public utility, alternative seller, provider of discretionary natural gas service, provider of new electric resources or holder of any certificate of registration, license or permit issued by the Commission who:

      (a) Violates any applicable provision of this chapter or chapter 704, 704B, 705 or 708 of NRS, including, without limitation, the failure to pay any applicable tax, fee or assessment;

      (b) Violates any rule or regulation of the Commission; or

      (c) Fails, neglects or refuses to obey any order of the Commission or any order of a court requiring compliance with an order of the Commission,

Ê is liable for an administrative fine, to be assessed by the Commission after notice and the opportunity for a hearing, in an amount not to exceed $1,000 per day for each day of the violation and not to exceed $100,000 for any related series of violations.

      2.  In determining the amount of the administrative fine, the Commission shall consider the appropriateness of the fine to the size of the business of the person charged, the gravity of the violation, the good faith of the person charged in attempting to achieve compliance after notification of a violation and any repeated violations committed by the person charged.

      3.  An administrative fine assessed pursuant to this section is not a cost of service of a public utility and may not be included in any new application by a public utility for a rate adjustment or rate increase.

      4.  All money collected by the Commission as an administrative fine pursuant to this section must be deposited in the State General Fund.

      5.  The Commission may bring an appropriate action in its own name for the collection of any administrative fine that is assessed pursuant to this section. A court shall award costs and reasonable attorney’s fees to the prevailing party in an action brought pursuant to this subsection.

      6.  The administrative fine prescribed by this section is in addition to any other remedies, other than a monetary fine, provided by law, including, without limitation, the authority of the Commission to revoke a certificate of public convenience and necessity, license or permit pursuant to NRS 703.377.

      (Added to NRS by 1981, 1597; A 1985, 2048; 1997, 1889; 2003, 3027; 2007, 35)