[Rev. 2/15/2010 10:46:45 AM]
CHAPTER 704 - REGULATION OF PUBLIC UTILITIES GENERALLY
GENERAL PROVISIONS
704.005 Definitions.
704.0052 “Access line” defined.
704.0054 “Basic network service” defined.
704.0055 “Basic service” defined.
704.0056 “Business line service” defined.
704.006 “Commission” defined.
704.0065 “Competitive service” defined.
704.0066 “Competitive supplier” defined.
704.0068 “Deregulated service” defined.
704.007 “Deregulation” defined.
704.0075 “Discretionary service” defined.
704.0076 “Energy efficiency contract” defined.
704.00765 “Energy efficiency measure” defined.
704.0077 “Essential service” defined.
704.0079 “Exchange” defined.
704.008 “Exemption from tariff” defined.
704.0085 “Flexibility of pricing” defined.
704.00861 “Incumbent local exchange carrier” defined.
704.00862 “Interexchange carrier” defined.
704.00864 “Intraexchange carrier” defined.
704.00868 “Local area of transport and access” and “LATA” defined.
704.0087 “Operator service” defined.
704.00872 “Other essential service” defined.
704.008723 “Portfolio energy credit” defined.
704.008727 “Portfolio energy system or efficiency measure” defined.
704.00873 “Presiding officer” defined.
704.00876 “Provider of last resort” defined.
704.0088 “Reseller” defined.
704.00882 “Small-scale provider of last resort” defined.
704.00883 “Telecommunication” defined.
704.008835 “Telecommunication provider” and “telephone company” defined.
704.00884 “Telecommunication service” and “telephone service” defined.
704.009 “Uniform System of Accounts” defined.
704.0097 Deviation from provisions of chapter.
DEFERRED ACCOUNTING BY CERTAIN ELECTRIC AND GAS UTILITIES
704.023 Definitions.
704.024 “Adjustment date” defined.
704.030 “Amortization period” defined.
704.031 “Annual rate adjustment application” defined.
704.032 “Base tariff energy rate” defined.
704.035 “Deferred energy accounting” defined.
704.037 “Deferred energy accounting adjustment” defined.
704.039 “Deferred energy application” defined.
704.045 “Deferred energy balance” defined.
704.048 “Electric utility” defined.
704.050 “Energy costs” defined.
704.055 “FERC account” defined.
704.056 “Gas utility” defined.
704.058 “Nonfirm sales” defined.
704.061 “Purchased gas” defined.
704.062 “Quarterly rate adjustment” defined.
704.063 “Test period” defined.
704.075 Applicability; notice by gas utility of its intent to use deferred energy accounting.
704.090 Gas utilities: Termination of deferred energy accounting.
704.095 General requirements for deferred energy accounts.
704.101 Use of deferred energy accounts; required entries.
704.105 Account for energy cost adjustments.
704.111 Clearing deferred energy accounts; calculation and application of deferred energy accounting adjustment; limitations on recovery of debit balance.
704.116 Deferred energy applications; calculation and effective period of base tariff energy rate and deferred energy accounting adjustment.
704.117 Gas utilities: Application to revise base tariff energy rate.
704.118 Notice of certain applications, hearings thereon and quarterly rate adjustments.
704.120 Adoption by reference of certain accounts from Uniform System of Accounts of Federal Energy Regulatory Commission.
704.135 Gas utilities: Calculation of certain base tariff energy rates and recommendation of preferred base tariff energy rate.
704.145 Additional requirements for deferred energy accounts; accounts relating to income taxes.
704.150 Carrying charges.
704.161 Gas utilities: Application to make quarterly rate adjustments.
704.166 Gas utilities: Application to terminate quarterly rate adjustments and establish base tariff energy rate.
704.195 Monthly reports.
RECOVERY OF VARIABLE INTEREST EXPENSE OR DIVIDENDS
704.210 Definitions.
704.211 “Amortization period” defined.
704.212 “Deferred energy accounting adjustment” defined.
704.213 “FERC account” defined.
704.214 “Test period” defined.
704.215 “Weighted average variable interest or dividend rate” defined.
704.216 “Utility” defined.
704.217 Application to recover deferred variable interest expense or dividends: Filing and contents.
704.218 Calculation of revenues and expenses related to allowable variable interest expense or dividends.
704.219 Calculation of revenues and expenses related to accumulation of deferred variable interest or dividends.
704.220 Computation of carrying charge.
704.221 Limit on recovery of debit balance in subaccount for deferred variable interest expense.
704.222 Effective date of change in rate.
ANNUAL REPORTS
704.225 Submission; contents.
ACCIDENT REPORTS
704.230 Definitions.
704.235 Exemptions.
704.240 Reports of accidents.
704.245 Contents of report.
704.250 Written report of accident.
704.255 Additional information.
704.260 Restoration of service; preservation of scene of accident.
704.265 Penalties.
REPORTS OF MATERIAL TRANSACTIONS WITH SUBSIDIARIES AND AFFILIATES
704.270 Definitions.
704.2702 “Affiliate” defined.
704.2704 “Control” defined.
704.2706 “Financial trust” defined.
704.2708 “Material transaction” defined.
704.271 “Person” defined.
704.2714 “Public utility” defined.
704.2716 “Subsidiary” defined.
704.272 Applicability; exemptions from certain requirements.
704.2725 Report of public utility which transacts business with subsidiary or affiliate; contents.
704.273 Access of Commission to certain information; maintenance of confidentiality.
DISCLOSURES TO CUSTOMERS BY CERTAIN ELECTRIC UTILITIES
704.2761 Definitions.
704.2763 “Biofuel” defined.
704.2765 “Biomass” defined.
704.2767 “Electric utility” defined.
704.2769 “Excluded sale” defined.
704.2771 “Generation asset” defined.
704.2773 “Heavy metal” defined.
704.2775 “Native generation” defined.
704.2777 “Purchased power” defined.
704.2783 Distribution and formatting of disclosure statements.
704.2785 Contents of disclosure statement: Information relating to certain sales, energy sources and emissions.
704.2787 Contents of disclosure statement: Information relating to certain products, services and programs.
ADVERTISING BY CERTAIN ELECTRIC AND GAS UTILITIES
704.280 Definitions.
704.285 Applicability.
704.290 Promotional or political advertising.
704.295 Exemptions.
RIGHTS AND OBLIGATIONS OF CUSTOMERS OF CERTAIN ELECTRIC AND GAS UTILITIES
704.302 Definitions.
704.303 “Customer” defined.
704.304 “Deposit” defined.
704.3055 “Division” defined.
704.3065 “Elderly” defined.
704.307 “Especially dangerous to health” defined.
704.309 “Guarantor” defined.
704.3105 “Person with a disability” defined.
704.313 “Rule” defined.
704.314 “Satisfactory credit” defined.
704.315 “Termination of service” defined.
704.316 “Timely payment” defined.
704.317 “Utility” defined.
704.320 Records of utility.
704.321 Terms of agreement with customer.
704.322 Form for complaint by customer.
704.323 Transmittal of information to customers.
704.326 Application for service; provision of range of historical energy use at location of service.
704.327 Establishment of credit.
704.328 Deposit: Generally.
704.329 Deposit: Alternatives.
704.330 Deposit: Additional amount.
704.331 Deposit: Notification of requirement.
704.332 Deposit: Payment in installments.
704.333 Deposit: Return.
704.334 Guarantors.
704.336 Basis and contents of bill for service.
704.337 Billing based upon estimated usage.
704.338 Program for equalized billing for service.
704.339 Billing and payment for service.
704.341 Program for deferred payment of delinquent bill.
704.342 Program to pay bills of customers under financial hardship; coordination with other entities providing assistance to lower-income customers.
704.3425 Visits for service and repair.
704.343 Testing meters for accuracy.
704.344 Adjustment of bill when meter inaccurate.
704.346 Resolution of dispute regarding bill, charge or service.
704.348 Refusal to provide service.
704.350 Termination of service: No prior notice.
704.355 Termination of service: Prior notice.
704.360 Termination of service: Provision of notice.
704.365 Termination of service: Designation and notification of third person.
704.370 Termination of service: Postponement when dangerous to health.
704.372 Termination of service: Postponement upon agreement to pay delinquent bill.
704.375 Termination of service: Miscellaneous restrictions.
704.380 Termination of service: Restrictions regarding certain delinquent bills.
704.383 Resumption of service.
704.385 Written notice of special assistance available to elderly persons and persons with disability.
704.390 Notice of termination of service to customer who is elderly or who is person with disability.
TERMINATION OF RESIDENTIAL WATER SERVICE
704.391 Definitions.
704.3912 “Customer” defined.
704.3914 “Division” defined.
704.3916 “Especially dangerous to health” defined.
704.3918 “Landlord” defined.
704.392 “Termination of service” defined.
704.3922 “Utility” defined.
704.3924 Terms of agreement with customer.
704.3926 Termination without prior notice.
704.3928 Termination after notice.
704.393 Provision of notice of termination.
704.3932 Program of deferred payments.
704.3934 Postponement of termination during forecasted period of extreme heat.
704.3936 Postponement of termination when dangerous to health.
RIGHTS AND OBLIGATIONS OF CUSTOMERS OF CERTAIN TELECOMMUNICATION PROVIDERS
704.395 Definitions.
704.3955 “Connection fee” defined.
704.396 “Cosigner” defined.
704.3965 “Customer” defined.
704.397 “Deposit” defined.
704.3975 “Division” defined.
704.398 “Elderly” defined.
704.3985 “Especially dangerous to health” defined.
704.399 “Guarantor” defined.
704.3995 “Person with a disability” defined.
704.401 “Satisfactory credit” defined.
704.4015 “Termination of service” defined.
704.402 “Third person” defined.
704.4025 “Unsatisfactory credit” defined.
704.403 “Utility” defined.
704.404 Applicability; purpose.
704.4045 Records of utility.
704.4051 Dissemination of information concerning customers.
704.406 Availability of information to customers.
704.4065 Notice of programs for customers with special needs.
704.407 Terms of agreement with customer.
704.408 Application for service.
704.4085 Establishment of credit.
704.409 Deposit: Generally.
704.4095 Payment of deposit and connection fee.
704.4105 Deposit: Return.
704.411 Cosigners and guarantors.
704.412 Contents of bill for service.
704.4125 Payment of bill for service.
704.413 Agreement for deferred payment of bill.
704.4135 Apportionment of partial payment of bill.
704.414 Credit to account of customer.
704.4145 Resolution of dispute regarding bill, charge or service.
704.4151 Furnishing local service to customer who fails to pay disputed toll charges and files complaint; action upon resolution of complaint.
704.4155 Continuation of certain services upon temporary suspension of basic service because of nonpayment.
704.416 Grounds for termination of service.
704.4165 Notice of intended termination of service.
704.417 Special notice of proposed termination when dangerous to health.
704.4175 Designation and notification of third persons.
704.418 Refusal of service and termination without notice.
704.4185 Postponement of termination when dangerous to health.
704.419 Postponement of termination upon agreement to pay delinquent bill.
704.4195 Restrictions on termination: Certain delinquent bills; weekends and holidays.
704.4205 Contesting propriety of termination.
704.421 Resumption of service.
REGULATIONS CONCERNING CERTAIN TELECOMMUNICATION SERVICES
Interstate Pay-Per-Call Service
704.423 Adoption by reference of standards of Federal Communications Commission.
Intrastate Long-Distance Service
704.424 Resale of service.
Basic Network Service and Business Line Service
704.4244 Applicability.
704.4245 Limitations on ownership and control of information traveling through transmission lines.
704.4247 “Promotional service” defined.
704.42472 Limitations on types of promotional service that may be offered.
704.42474 Restrictions on offers of promotional service.
704.42476 Written notice of certain offers of promotional service.
704.42478 Application for inclusion of promotional service as tariffed service.
Change of Preferred Long Distance Carrier
704.426 Slamming rules and remedies of Federal Communications Commission: Adoption by reference; administration and enforcement.
ELECTRICAL SAFETY CODE
704.450 Adoption by reference of National Electrical Safety Code.
INTRASTATE TRANSPORTATION OF GAS
704.455 Applicability.
704.460 Adoption by reference of certain federal regulations.
704.461 Adoption by reference of certain standards of National Fire Protection Association.
704.465 Reports concerning intrastate pipeline facilities.
CURTAILMENT OF DISTRIBUTION OF NATURAL GAS
704.471 Definitions.
704.473 “Boiler fuel” defined.
704.477 “Capability of using an alternative fuel” defined.
704.479 “Commercial use” defined.
704.481 “Correctional facility” defined.
704.483 “Firm requirement” defined.
704.487 “Hospital” defined.
704.489 “Industrial use” defined.
704.491 “Interruptible requirement” defined.
704.493 “School” defined.
704.497 Purpose; applicability.
704.499 Duty to deliver continuous supply and avoid shortages, interruptions.
704.501 Priorities in curtailment of service.
704.503 Lower level of priority to be fully curtailed before higher level; partial curtailments.
704.507 Curtailment in emergencies.
704.509 Distribution of new supply made available by customer.
704.511 Information to be furnished to suppliers and obtained from customers.
NATURAL GAS SUPPLIED TO GENERATING, INDUSTRIAL AND LARGE COMMERCIAL CUSTOMERS
704.516 Definitions.
704.517 Applicability.
704.518 Rates and charges: Schedule; contract for special services; customer subject to schedule or contract; establishment by utility; exemption from certain provisions.
704.519 Schedule of rates and charges: Effective date.
704.521 Schedule of rates and charges: Written justification.
704.522 Procedure for changing level of rate.
704.524 Notification of customers of change in rates and charges.
704.526 Filing of list identifying schedule and affected customers; notice to customers.
704.527 Filing copy of lists with Consumer’s Advocate.
704.528 Violations: Action by Commission.
SYSTEMS FOR DISTRIBUTION OF LIQUEFIED PETROLEUM GAS
704.531 Definitions.
704.532 Certificate of public convenience and necessity.
704.533 Duties of operator.
704.534 Annual report.
704.535 Procedure for reporting emergencies.
704.536 Allowable charges; refund of overcharge.
704.537 Complaints and inquiries.
MASTER METERS USED FOR ELECTRIC SERVICE
704.550 Definitions.
704.555 Applicability.
704.560 Restricted use of master meters.
WATER AND SEWAGE UTILITIES THAT SERVE LIMITED NUMBER OF CUSTOMERS
Rates, Tariffs and Service
704.570 Definitions.
704.571 “Completed application” defined.
704.5715 “Question of policy” defined.
704.572 “Short-term debt” defined.
704.5725 “Staff” defined.
704.573 “Tariff” defined.
704.574 “Test year” defined.
704.575 Applicability.
704.580 Application to change tariff.
704.585 Additional information.
704.587 Notice to customers; affidavit to Commission.
704.590 Service of application.
704.595 Application to recover increased costs of fuel or power.
704.600 Expansion or improvement of plant: Surcharge.
704.605 Expansion or improvement of plant: Written plan.
704.610 Required forms.
704.615 Review by staff; informal conference; request for hearing or presentation of stipulation for consideration by Commission.
704.620 Hearing on application for rate change.
704.622 Application with assistance of staff.
704.625 Disclosure of transactions.
704.626 Return on equity.
704.6265 Placement of utility in receivership.
704.627 Inspection; survey of customers; report of findings and recommendations; utility’s response.
704.628 Standards of service.
Real Property and Goods
704.6321 “Essential real property and goods” defined.
704.6323 Applicability.
704.6325 Requirements concerning essential real property and goods.
704.6327 Application for sale, transfer or other disposal of essential real property and goods and for sale or transfer of water rights; notice of application and hearing.
ACCOUNTING PRACTICES AND RATE MAKING FOR CERTAIN UTILITIES
Uniform System of Accounts
704.640 Natural gas companies.
704.645 Telephone companies.
704.650 Electric power companies.
Adjustment of Rates in Conformity With Federal Tax Reform
704.6502 Definitions.
704.6504 “Allowance for funds used during construction” defined.
704.6506 “Average rate assumption method” defined.
704.6508 “Contributions” defined.
704.651 “Excess tax reserve” defined.
704.6512 “Income tax gross up” defined.
704.6514 “P.S.C.N. Account 107” defined.
704.6516 “Reverse” defined.
704.6518 “Reverse South Georgia method” defined.
704.652 “Total income tax gross up” defined.
704.6522 “Vintage” and “vintage group” defined.
704.6524 Provisions obtainable from Internal Revenue Service.
704.6526 Rules for rate making.
704.6528 Determination of rate base.
704.653 Calculation of allowance for funds used during construction; inclusion of deferred income tax as component of rate base.
704.6532 Contributions to corporate capital.
704.6534 Normalization of timing differences.
704.6536 Net operating loss carrybacks and carryovers.
704.6538 Uniform capitalization rules.
704.654 Repeal of investment tax credit.
704.6542 Alternative minimum tax.
704.6544 Environmental tax.
704.6546 Use of separate-entity method by utility members of consolidated group.
Rate Design for Certain Electric Utilities
704.655 Applicability.
704.660 Consideration of marginal cost of service in determining class revenue requirements.
704.662 Rate design based on marginal cost of service.
704.665 Special rate for interruptible service.
Rate Design for Certain Natural Gas Utilities
704.6671 Definitions.
704.6673 Applicability.
704.6675 Considerations for determination of rates for classes of customers.
704.6677 Rates to be designed to conserve energy.
704.6679 Filing requirements for proceeding to establish or change rates.
Rates for Electricity for Irrigation Pumps
704.670 Applicability.
704.675 Rate for interruptible service.
704.680 Recovery of deficiency.
ADDITIONAL REGULATIONS CONCERNING CERTAIN TELECOMMUNICATION SERVICES
General Requirements and Exemptions for Certain Providers and Services
704.6802 Designation of companies as providers of last resort.
704.68026 Exemptions for provider of commercial mobile radio services.
704.68028 Confirmation of certain orders for change of telecommunication service.
Performance Standards and Penalties to Encourage Competition and Discourage Discrimination
704.6803 “Nonrural incumbent local exchange carrier” defined.
704.680301 Applicability; purpose.
704.680303 Plans for reporting and auditing performance measures and establishing performance incentives: Request for approval; hearing; renewal; request for modification.
704.680305 Plan for measuring performance.
704.680307 Requirements for performance measurements; exemption from performance measurements and reporting requirements.
704.680309 Plan for establishing reporting requirements; monthly report of performance measurements; confidential information; access to data.
704.680311 Plan establishing auditing requirements: Request for approval; minimum requirements.
704.680313 Plan establishing performance incentives.
704.680315 Plan for system of penalties.
Complaints to Resolve Disputes Between Telecommunication Providers
704.68035 Definitions.
704.680351 Applicability.
704.680353 Authority to file complaint; certification required.
704.680355 Contents and filing of complaint; protective agreement regarding discovery.
704.680357 Answer.
704.680359 Mediation.
704.680361 Discovery; service.
704.680363 Hearing; final decision of Commission.
704.680365 Request for interim relief.
Fund for Universal Service
704.6804 Definitions.
704.68041 “Administrator” defined.
704.6804105 “County telephone line or system” defined.
704.680411 “Eligible library” defined.
704.680412 “Eligible school” defined.
704.680413 “Eligible telecommunications carrier” defined.
704.680414 “Eligible telecommunications service” defined.
704.680415 “Fund for Universal Service” defined.
704.6804155 “Large provider of last resort of basic service” defined.
704.680416 “Lifeline” defined.
704.6804165 “Link Up” defined.
704.680417 “Provider of health care” defined.
704.6804175 “Provider of telecommunication services” defined.
704.680418 “Qualifying low-income subscriber” defined.
704.680419 “Rural area” defined.
704.680421 “Service area” defined.
704.6804213 “Small provider of last resort of basic service” defined.
704.6804215 “Toll blocking” defined.
704.680422 “Toll control” defined.
704.680423 “Toll limitation” defined.
704.680424 “Universal service” defined.
704.68043 Purpose of Fund.
704.68044 Duties of Administrator of Fund.
704.68046 General eligibility requirements to qualify for disbursement from Fund.
704.680461 Requirements for designation as eligible telecommunications carrier; issuance of order by Commission approving or denying application.
704.680462 Application for temporary waiver from requirement to offer certain services by provider seeking designation as eligible telecommunications carrier; conditions for approval; period for validity of waiver.
704.680463 Establishment of service areas.
704.680464 Eligibility of eligible telecommunications carrier to receive certain reimbursements.
704.680465 Information to be filed with annual report by eligible telecommunications carrier.
704.680466 Application for relinquishment of designation as eligible telecommunications carrier in certain service areas.
704.680467 Revocation of designation as eligible telecommunications carrier.
704.680468 Application from eligible school or library for discounted rates for intrastate telecommunication service.
704.680469 Conditions for provision of discounted rates for eligible school or library.
704.68047 Application for disbursement from Fund to provider of discounted rates for eligible school or library.
704.680471 Application from provider of health care for discounted rates or discounted service.
704.680472 Conditions for provision of discounted rates or discounted service for public or private nonprofit provider of health care serving persons in rural area.
704.680473 Application for disbursement from Fund to provider of discounted rates or discounted service for provider of health care.
704.680474 Criteria for eligibility as qualifying low-income subscriber; documentation of qualification.
704.6804743 Verification of continued eligibility as qualifying low-income subscriber.
704.6804745 Certification of compliance with procedures for certifying income established for Lifeline and Link Up programs.
704.680475 Offering of Lifeline and Link Up services by eligible telecommunications carrier.
704.680476 Disconnection of Lifeline service; enrollment of subscriber with unpaid toll charges into Lifeline or Link Up program; waiver of requirements.
704.680477 Charging of service deposit for initiation of Lifeline service.
704.680478 Application for disbursement from Fund to eligible telecommunications carrier for reimbursement of costs of providing discount in rate for Lifeline service.
704.680479 Information to be filed with Administrator of federal universal service support by eligible telecommunications carrier.
704.68048 Qualification of small provider of last resort of basic service for disbursement from Fund; disputes regarding qualification; required return on common equity; audit.
704.6805 Disbursement from Fund to large provider of last resort of basic service.
704.68054 Assessment for support of Fund.
704.68056 Procedure for disbursement from Fund; report of Administrator regarding assessment for Fund; deviation from or waiver of deadlines for filings.
Classification and Provision of Services of Certain Small-Scale Providers of Last Resort
704.6806 Applicability.
704.68062 Request for classification or reclassification of service.
704.68064 Time for action upon request and for filing of protest.
704.68066 Maintenance of separate accounting records for competitive and deregulated services.
704.68068 Classification of service as discretionary.
704.6807 Classification of service as competitive.
704.68072 Classification of service as discretionary or competitive based on classification of comparable service.
704.68074 Classification of service as deregulated.
704.68076 Approval of rates, terms and conditions for discretionary service.
Additional Requirements for Certain Providers and Services
704.68085 Geographic averaging of rates.
704.6809 Provision of interconnection and access to certificated telecommunication providers.
704.68092 Availability of components of essential service to certificated telecommunication providers.
704.68094 Assignment of numbers, portability and administration.
704.68096 Directory listings.
704.68098 Exclusive rights to owner or developer of property or subdivision prohibited.
Inside Wiring for Telephone Equipment
704.681 Definitions.
704.6813 Applicability.
704.6815 Services required for simple inside wiring.
704.682 Rates for services.
704.6825 Billing for services.
704.683 Location of point of demarcation.
Shared Tenant Service
704.689 Definitions.
704.68903 “Contiguous property” defined.
704.68906 “End user” defined.
704.6891 “Point of demarcation” defined.
704.68913 “Provider” defined.
704.68916 “Shared tenant service” defined.
704.6892 “Transient apartment” defined.
704.68922 Applicability.
704.68923 General requirements for provision of shared tenant service.
704.68926 Subscription to services; facilities.
704.6893 Responsibility for service; response to service calls.
704.68933 Telephone directory listings; access to other services.
704.68936 Written acknowledgment from subscriber: Contents; retention.
704.6894 Routing of local calls; resale of intrastate long distance service.
704.68943 Requirements for switches; private line service; hard wiring.
704.68946 Extensions of service.
704.6895 Provision of copies of regulations and tariff to prospective providers.
704.68953 Responsibilities of provider.
704.68956 Compliance with regulations and conditions of service applicable to business customers.
704.6896 Responsibilities of local exchange company.
704.68963 Charges for special constructions.
704.68966 Rates for shared tenant service; applicability.
704.6897 Use of inside wiring; provision of alternate pathways.
Discretionary and Competitive Services
704.7472 Application for certificate of public convenience and necessity filed by competitive supplier: Contents; applicable provisions.
704.7473 Application for certificate of public convenience and necessity filed by competitive supplier: Protests.
704.7475 Discretionary services: Schedule of rates, charges, terms and conditions.
704.7477 Discretionary services: Establishment or change of schedule of minimum and maximum rates or terms and conditions; protests; changes within approved range.
704.7483 Annual reports of certain financial information and information regarding provision of services.
704.7485 Discontinuance of single offering or feature of service.
704.7487 Discontinuance of total service to geographic area.
704.74935 Applicability of certain provisions.
704.7494 Change of name, address or telephone number of telecommunication provider; change of address of Internet website of competitive supplier.
Operator Services for Prison Inmate Phones
704.7499 Adoption by reference of standards of Federal Communications Commission.
Adjustment of Intrastate Charges and Rates by Telephone Companies
704.7501 Definitions.
704.7505 “Exchange” defined.
704.7509 “Interexchange carrier’s charges for access” defined.
704.7513 “Intrastate line for access” defined.
704.7519 “Rate per unit” defined.
704.7521 “Subscriber” defined.
704.7523 “Subscriber’s charges for access” defined.
704.7527 “Unit” defined.
704.7529 “Universal service” defined.
704.75295 Competitive suppliers: Provisions inapplicable; filing and approval of letter of advice.
704.7531 General rate application not precluded by filing.
704.7533 Application to establish or adjust charges or rates.
704.7535 Information to be indexed and to accompany application; request for additional information.
704.7537 Recorded data and adjustments.
704.7539 Additional data.
704.7541 Data supporting proposed rates; working papers; material available for verification.
704.7543 Required statements and schedules.
704.7545 Statement A.
704.7547 Statement B.
704.7549 Schedule B-1.
704.7551 Schedule B-2.
704.7553 Schedule B-3.
704.7555 Statement C.
704.7557 Statement D.
704.7559 Statement E.
704.7561 Statement F.
704.7563 Statement that material constitutes complete case; burden of proof.
704.7565 Provision of documents to Commission; service upon Consumer’s Advocate.
704.7567 Service of copies of application excluding working papers.
704.7569 Notice to subscribers.
704.7571 Procedure for filing tariffs.
704.7573 Time for filing application for adjustment.
704.7575 Charges for subscribers’ access.
704.7591 Variances.
Payphone Service
704.75911 Definitions.
704.75912 “Payphone” defined.
704.75913 “Payphone service” defined.
704.75914 “Public telephone” defined.
704.75915 “Semipublic telephone” defined.
704.75916 Access to service without charge.
704.75917 Display of information at or near payphone.
704.75918 Correction of failures in market for service.
Deregulation of Service Provided by Local Exchange Company
704.7592 “Long-run incremental costs” defined.
704.75925 Applicability.
704.7593 Application for approval to deregulate service.
704.75935 Time for action upon application.
704.7594 Maintenance of separate accounting records.
704.7595 Factors for determining whether service is discretionary or competitive.
704.7596 Factors for determining whether flexibility, exemption or total deregulation is in public interest.
704.7597 Information to be filed with annual report.
704.7598 Rate charged for service exempted from tariff.
704.75983 Maintenance of quality of deregulated service.
704.7599 Adjustment of extent of deregulation.
Determination of Wholesale Rates by Incumbent Local Exchange Carriers
704.75991 Definitions.
704.759915 “All other services” defined.
704.75992 “Avoided cost study” defined.
704.759925 “Avoided retail costs” defined.
704.75993 “Incumbent local exchange carrier” defined.
704.759935 “Wholesale discount factor” defined.
704.75994 “Wholesale rate” defined.
704.759945 Determination of wholesale discount factors.
704.75995 Formula for determining wholesale rate.
704.759955 Conduct of avoided cost studies.
704.75996 Requirements for avoided cost study.
SALE OF GEOTHERMAL ENERGY
704.760 Purpose.
704.762 Applicability.
704.764 Definitions.
704.766 Operating permit required.
704.768 Application for operating permit.
704.770 Description of service area.
704.772 Description of operating system.
704.774 Description of geothermal resource.
704.776 Confidentiality of exploration and subsurface information.
704.778 Statement of economic feasibility.
704.780 Additional information to be submitted with application.
704.782 Addendum to contract between utility and customer.
PROVIDERS OF COMMERCIAL MOBILE RADIO SERVICE
704.786 “Commercial mobile radio service” defined.
704.7862 Information to be filed with Commission.
704.7864 Requirement to file information before initiating service; notification of changes.
COMPETITIVE NATURAL GAS SERVICE
Distribution Companies and Affiliates
704.789 Definitions.
704.7891 “Affiliate” defined.
704.7892 “Customer” defined.
704.7893 “Distribution company” defined.
704.7894 “Noncompetitive service” defined.
704.7895 “Potentially competitive service” defined.
704.7896 Applicability.
704.7897 Provision of potentially competitive service or discretionary service.
704.7898 Business relationship between distribution company and affiliate: Requirements; restrictions.
704.7899 Distribution company: Designation of officer to evaluate and certify compliance with certain provisions.
704.7901 Distribution company: Standards of conduct when dealing with affiliate.
704.7902 Distribution company: Conditions for provision of information concerning specific customers to affiliate and nonaffiliated entity.
704.7903 Distribution company: Conditions for provision of general information to affiliate.
704.7904 Distribution company: Restriction on providing list of alternative sellers.
704.7905 Distribution company: Restriction on offering or providing advice or assistance to customer concerning affiliate or other service provider.
704.7906 Distribution company: Maintenance of certain records; availability for review by third parties.
704.7907 Distribution company: Duties related to provision of services to affiliate or nonaffiliated entity.
704.7908 Provision of discount, rebate or other waiver of charge or fee to affiliate by distribution company: Notice; contents.
704.7909 Provision of discount, rebate or other waiver of charge or fee to affiliate by distribution company: Requirements for maintenance of records.
704.791 Audit of distribution company with affiliate: Requirements.
704.7911 Audit of distribution company with affiliate: Access to certain records.
704.7912 Requirements for pricing goods or services transferred by distribution company or affiliate.
704.7913 Affiliate: Standards of conduct.
704.7914 Affiliate: Conditions for offering goods or services.
704.7915 Violations: Generally.
704.7916 Violations: Procedures for processing complaints.
704.7917 Violations: Investigation of complaint; notice and hearing.
704.7918 Enforcement of provisions or order of Commission.
704.7919 Penalties: Generally.
704.792 Penalties: Repeated violations.
Potentially Competitive Services
704.793 Definitions.
704.7931 “Effective competition” defined.
704.7933 “Person” defined.
704.7935 “Potentially competitive service” defined.
704.7937 Applicability.
704.7939 Requirements for classification of natural gas service as potentially competitive service.
704.794 Classification of natural gas service as potentially competitive service limited to certain boundaries.
704.7941 Natural gas service is classified as potentially competitive service under certain circumstances.
704.7943 Natural gas service is noncompetitive service under certain circumstances.
704.7945 Establishment of alternative plan of regulation.
704.7947 Determination of effective competition in market for natural gas service.
Alternative Sellers
704.79501 Definitions.
704.79503 “Affiliate” defined.
704.79505 “Alternative seller” defined.
704.79507 “Discretionary service” defined.
704.79509 “End-use customer” defined.
704.79511 “Generating customer” defined.
704.79513 “Industrial customer” defined.
704.79515 “Large commercial customer” defined.
704.79517 “Local distribution company” defined.
704.79519 “Potentially competitive service” defined.
704.79521 “Residential and small commercial customer” defined.
704.79523 Application for license of certain alternative sellers of discretionary services.
704.79525 Applicability of provisions.
704.79527 Application for license as alternative seller of potentially competitive service.
704.79529 Bond rating or security deposit requirement; amount of security deposit.
704.79531 Acceptable securities: Amounts; adjustments.
704.79533 Documentation required before requesting payment or providing service.
704.79535 Contract with customer conditioned on compliance with provisions.
704.79537 Compliance with certain rules, procedures and obligations.
704.79539 Compliance with generally accepted technical protocols and regulations.
704.79541 Certain changes in application information to be reported to Commission; prior authorization required for change of business name.
704.79543 Grounds for denial, revocation, suspension or limitation of license; notification; hearing; determination of Commission; summary suspension; reapplication for license.
704.79545 Application signed by authorized officer of applicant attesting to truth of information contained therein.
ENERGY UTILITIES: AUTHORIZATION OF MERGERS, ACQUISITIONS OR CHANGES IN CONTROL
704.79971 Definitions.
704.79973 “Applicant” defined.
704.79975 “Energy utility” defined.
704.79977 “Parties to the proposed transaction” defined.
704.79979 “Transaction” defined.
704.79981 Requirement to submit application.
704.79983 Application for authorization of proposed transaction: General contents.
704.79985 Application for authorization of proposed transaction: Inclusion of information on effect on costs and rates.
704.79987 Application for authorization of proposed transaction: Inclusion of information on effect on competition.
704.79989 Application for authorization of proposed transaction: Inclusion of information on facilities.
704.79991 Order from Commission for changes or additions.
CONSERVATION OF ENERGY IN RESIDENCES
704.800 Applicability.
704.802 Definitions.
704.803 Adoption by reference of certain publications.
704.804 Announcements to eligible customers: Distribution; contents.
704.806 Announcements to eligible customers: List of measures to conserve energy.
704.808 Announcements to eligible customers: List of practices to conserve energy.
704.810 Announcements to eligible customers: Estimates of savings in cost of energy.
704.812 Announcements to eligible customers: Limitation on advertisements.
704.814 Inspections by utility; exceptions.
704.816 Time for inspection; quarterly report.
704.818 Qualifications of inspectors.
704.820 Proposed methodology for performing inspections.
704.822 Alternatives to actual measurements and inspection.
704.824 Written assessment of appropriate practices.
704.826 Measures for conservation: Determination of whether recommendation is appropriate.
704.828 Measures for conservation: Suggestion; evaluation upon customer’s request.
704.830 Inspection if primary source of energy not sold by utility.
704.832 Offer to supply certain equipment and to explain adjustment of thermostats to customer; restriction on supplying or installing material or equipment.
704.834 Results of inspection; duties of inspector.
704.836 Retention of data and results.
704.838 Provision of information and assistance concerning bids, goods and services.
704.856 Supply and installation of material or equipment by utility: General requirements.
704.858 Supply and installation of material or equipment by utility: Duties of utility.
704.860 Prohibited discrimination.
704.862 Determination of levels of R-values for insulation of ceilings and appropriateness of thermal windows.
704.870 Annual reports.
704.872 Accounting for amounts received or expended.
704.874 Crediting of amounts received as reimbursement for expenses.
704.876 Operating expenses of utility; recovery of expenses.
COGENERATION AND SMALL POWER PRODUCTION
704.8771 “Small power production facility” defined.
704.8773 Applicability.
704.8775 Adoption by reference of certain federal regulations.
704.8777 Proposed contract for purchase of capacity or energy: Contents; requirement for bond or other security; application for approval of contract.
704.8779 Proposed contract for purchase of capacity or energy: Consistency with plan to increase supply of or decrease demand for electricity.
704.8781 Submission of information.
704.8783 Requirements for reporting data: Short-term avoided costs; analyses and calculations for determining proposed rates.
704.8785 Requirements for reporting data: Information relating to design, operations and safety; efficiency of generation of power.
704.8787 Interconnection costs.
704.8789 System emergency.
704.8791 Contracts and short-term rates for purchase of power; rates for sales.
704.8793 Resolution of disputes.
PORTFOLIO STANDARD FOR PROVIDERS OF ELECTRIC SERVICE
704.8831 Definitions.
704.8833 “Biogas” defined.
704.8835 “Biomass” defined.
704.8837 “Bureau of Consumer Protection” defined.
704.8839 “Compliance year” defined.
704.8841 “New renewable energy contract” defined.
704.8842 “New renewable energy project” defined.
704.8843 “Nonutility provider” defined.
704.8845 “Portfolio standard” defined.
704.8847 “Preexisting renewable energy contract” defined.
704.8849 “Provider of electric service” and “provider” defined.
704.8851 “Regulatory Operations Staff” defined.
704.8853 “Renewable energy” defined.
704.8855 “Renewable energy contract” defined.
704.8857 “Renewable energy system” defined.
704.8859 “Retail customer” defined.
704.8863 “Solar thermal system” defined.
704.8865 “SRCC” defined.
704.8866 “Temporary renewable energy development charge” and “TRED charge” defined.
704.88663 “Temporary renewable energy development program” and “TRED program” defined.
704.88665 “Temporary renewable energy development trust” and “TRED trust” defined.
704.8867 “Utility provider” defined.
704.8869 Adoption by reference of certain ratings, certification standards and performance estimates.
704.8871 Compliance with portfolio standard.
704.8872 Transfer of portfolio energy credits to aggregator of portfolio energy credits.
704.8873 Authority of Commission to require provision of certain information.
704.8875 Calculations concerning compliance with portfolio standard: Eligible kilowatt-hours.
704.8877 Calculations concerning compliance with portfolio standard: Submission of information; estimates; effect of equaling or exceeding estimates.
704.8879 Annual reports.
704.8881 Determination of whether provider complied with portfolio standard; carry forward of excess kilowatt-hours; notice of noncompliance; hearing; administrative fines and other administrative action.
704.8883 Petition for exemption from administrative fine or other administrative action.
704.8885 New renewable energy contracts and energy efficiency contracts: Review by Commission; criteria for approval.
704.8887 New renewable energy contracts and energy efficiency contracts: Determination of whether price for electricity is reasonable.
704.88875 Long-term renewable energy contracts and energy efficiency contracts: Mitigation for impact of imputed debt on capital structure of utility provider.
704.8888 Renewable energy systems and energy efficiency measures: Establishment of rebate program for customers.
704.8889 Renewable energy systems: Metering and verification of electric output.
704.8891 Renewable energy systems: Use of fossil fuel.
704.8893 Renewable energy systems: Use of solar thermal systems.
704.8894 Temporary renewable energy development program: Authority of Commission; factors for consideration.
704.8895 Temporary renewable energy development program: Orders of Commission.
704.8896 Temporary renewable energy development program: Designation of new renewable energy projects eligible for participation.
704.8897 Temporary renewable energy development program: Duties of utility provider regarding TRED trust; duties and rights of TRED trust.
704.8898 Temporary renewable energy development program: Powers and duties of utility provider regarding TRED charge; determination of TRED charge.
704.8899 Temporary renewable energy development program: Closure to new renewable energy projects; termination of participation by all new renewable energy projects.
SYSTEM OF PORTFOLIO ENERGY CREDITS
704.8901 Definitions. [Effective through June 30, 2010.]
704.8901 Definitions. [Effective July 1, 2010.]
704.8903 “Administrator” defined.
704.8905 “Designated representative” defined.
704.8907 “Net metering system” defined.
704.8908 “Portfolio energy credit” defined. [Effective through June 30, 2010.]
704.8908 “Portfolio energy credit” defined. [Effective July 1, 2010.]
704.8909 “Provider of electric service” defined.
704.8911 “Renewable energy” defined.
704.8915 “Renewable energy system” defined.
704.8917 “Utility provider” defined.
704.8919 Use of credits to comply with portfolio standard.
704.8921 Application for participation in system.
704.8923 Quarterly reports by participants in system and providers of electric service.
704.8925 Awarding of credits generated pursuant to certain contracts made before December 8, 2003.
704.8927 Measurement of applicable energy; certification and allocation of credits. [Effective through June 30, 2010.]
704.8927 Measurement of applicable energy; certification and allocation of credits. [Effective July 1, 2010.]
704.8929 Identification of credits; annual statement of credits.
704.8931 Expiration of credits; maintenance of certain information on website.
704.8933 Transfer of credits; monthly statement of account.
704.8935 Retirement of credits.
704.8937 Responsibilities of utility provider.
704.8939 Participation in Solar Energy Systems Demonstration Program: Incentives; transfer of credits; recovery of expenditures; standardized contract; applications. [Effective through June 30, 2010.]
RESOURCE PLANNING BY CERTAIN ELECTRIC UTILITIES
704.9005 Definitions: Terms used in regulation or resource plan.
704.9006 “Action plan” defined.
704.9007 “Affiliate” defined.
704.9015 “Analysis of sensitivity” defined.
704.9023 “Capacity” defined.
704.9025 “Cogeneration” defined.
704.904 “Conservation” defined.
704.9055 “Demand” defined.
704.9056 “Demand management” defined.
704.9057 “Demand side plan” defined.
704.9058 “Distributed generation” defined.
704.906 “End-use” defined.
704.9061 “Energy supply plan” defined.
704.9063 “Environmental costs and economic benefits to the State” defined.
704.9069 “Financial plan” defined.
704.9075 “Forecast of base growth” defined.
704.9085 “Forecast of high growth” defined.
704.9095 “Forecast of low growth” defined.
704.9099 “Fuel procurement plan” defined.
704.9103 “Independent power producer” defined.
704.9107 “Intermittent energy resources” defined.
704.9111 “Long-term avoided cost” defined.
704.9113 “Long-term purchased power obligation” defined.
704.9115 “Losses” defined.
704.9135 “Normalized” defined.
704.915 “Pooling of power” defined.
704.9152 “Preferred plan” defined.
704.9153 “Purchased power procurement plan” defined.
704.9154 “Renewable energy” defined.
704.9156 “Resource plan” defined.
704.9157 “Risk management strategy” defined.
704.9161 “Staff” defined.
704.9163 “Substantially accurate data” defined.
704.9166 “Supply plan” defined.
704.9173 “Year” defined.
704.9208 Dates for certain utilities to file resource plans.
704.9215 Summary of resource plan.
704.922 Technical appendix to resource plan.
704.9225 Forecasts of peak demand and annual energy consumption: General requirements.
704.923 Periods to be covered by resource plan.
704.9235 Formats for information included in resource plan.
704.9245 Normalizing forecast values of peak demand and energy consumption to account for normal weather conditions.
704.925 Resource plan: Inclusion, contents and evaluation of forecasts of energy consumption and peak demand; consideration of certain impacts; identification of change in methodology of forecasting.
704.9281 Resource plan: Contents of data relating to peak demand and energy consumption.
704.9321 Resource plan: Reliability of assumptions, forecasts, conclusions and information; adjustments to forecasts; maps of covered areas; supportive testimony.
704.934 Preparation, contents and submission of demand side plan; annual filing of analyses regarding conservation and demand management programs.
704.9355 Analyses of options for supply.
704.9357 Analysis of net economic benefits to State.
704.9359 Determination of environmental costs to State.
704.9361 Elimination or modification of environmental factors, emission rates and environmental costs.
704.937 List of options for supply of capacity and electric energy; criteria for selection of options; comparison of and requirements for alternative plans; identification of preferred plan.
704.9378 Supply plan: Time-line graphs for proposed resources for supply.
704.9385 Supply plan: Contents; tables; transmission plan; information regarding purchase of power; maps.
704.9395 Resource plan: Information on financial and economic characteristics of planned facilities.
704.9401 Financial information and assumptions used to develop financial plan.
704.944 Supply plan: Discussion of alternative strategies.
704.945 Resource plan: Inclusion of certain tables and graphs.
704.9465 Integrated analysis to establish priorities among options; consideration of results as basis for preferred plan.
704.9475 Analysis of sensitivity for major assumptions and estimates used in resource plan.
704.948 Analysis of decisions.
704.9482 Requirements for energy supply plan, purchased power procurement plan, fuel procurement plan and risk management strategy; consistency with action plan; annual filings.
704.9484 Critical facility: Procedure and purpose for designation; financial incentives.
704.9486 Performance-based methodology for recovery of costs for natural gas used as fuel for generation: Proposal for establishment; report of results.
704.9489 Requirements for action plan.
704.9492 Rates for long-term avoided cost: Inclusion of certain information in resource plan; estimation; specification of proposed limits concerning availability.
704.9494 Approval of action plan; determination that elements of energy supply plan are prudent; recovery of costs to carry out approved plans.
704.9496 Estimated rates for long-term avoided cost: General requirements; action by Commission; solicitation of proposals.
704.9498 Report on progress of action plan: Filing; service; contents; form; hearing.
704.9503 Monitoring and amendment of action plan.
704.9504 Deviation from and amendment of energy supply plan.
704.9506 Update of energy supply plan: Filing; requirements.
704.9508 Update of energy supply plan: Action by Commission.
704.9512 Submission to Commission of certain purchased power obligations; disclosure of certain affiliate relationships.
704.9514 Preapproval of certain fuel and purchased power agreements.
704.9516 Contents of amendment to action plan.
704.9518 Approval of amendment to action plan or energy supply plan.
704.952 Sessions for reviewing plans: Scheduling; procedure for resolving issues; summary of topics and conclusions; overview of anticipated filing or amendment of resource plan.
704.9522 Measurement and verification protocol for energy efficiency measures: Duties of utility provider.
704.9523 Costs of implementing programs for conservation and demand management: Accounting; recovery.
704.9525 Severability.
RESOURCE PLANNING BY CERTAIN NATURAL GAS UTILITIES
704.953 Definitions.
704.954 “Conservation” defined.
704.9545 “Demand” defined.
704.9555 “Forecast of base growth” defined.
704.9557 “Forecast period” defined.
704.9561 “Gas year” defined.
704.9566 “Informational report” defined.
704.957 “Load management” defined.
704.9575 “Major facilities for the supply of gas” defined.
704.958 “Normal weather conditions” defined.
704.9587 “Sources of natural gas” defined.
704.959 “Storage facilities” defined.
704.9595 “Substantially accurate data” defined.
704.960 “Unaccounted for gas” defined.
704.9605 “Weather at maximum design conditions” defined.
704.961 Submission of informational report and updates.
704.9615 Comprehensive summary of informational report.
704.963 Maps of major facilities for supply of gas and sources of natural gas.
704.964 Projection of future prices.
704.9645 Forecasts of sales volumes and annual peak demand.
704.9655 Forecast for base growth; assessments of base conservation; levels of energy savings or reduction in demand.
704.966 Information regarding major facilities; consideration of options for major facilities.
704.9665 Criteria for retirement of major facilities.
704.9675 Discussion of alternative strategies.
704.968 Plan for supply of gas; long-term arrangements for supply, storage and transportation of gas.
704.9687 Order accepting informational report or specifying inadequacies.
UTILITY SERVICE PROVIDED TO MOBILE HOME PARKS
704.980 Definitions.
704.981 “Common area” interpreted.
704.982 Lines and equipment: Adoption of federal safety standards; reporting of recommendations resulting from examination and testing.
704.983 Service charge: Deposit of money received; disposition of interest.
704.984 Service charge: Approval required for withdrawal; application for approval; notice of application.
704.985 Determination of charge to tenants for utility service when landlord is billed by utility or alternative seller.
704.986 Maintenance of records by landlord.
704.987 Annual report: Filing; contents.
704.988 Assessment and collection of late charge.
704.989 Notice of proposed increase in utility rates; notice of increase in charge for service.
704.990 Refunds to tenants and former tenants.
704.991 Termination of landlord’s interest in mobile home park: Duty of landlord to file evidence of transfer of money in certain accounts.
GENERAL PROVISIONS
NAC 704.005 Definitions. (NRS 703.025, 704.210) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 704.0052 to 704.009, inclusive, have the meanings ascribed to them in those sections.
[Pub. Service Comm’n, Gen. Order 19 Rule 101, eff. 6-9-77]—(NAC A 1-11-91; 10-25-95; A by Pub. Utilities Comm’n by R010-05, 9-7-2005; R167-05, 2-23-2006; R136-07, 1-30-2008)
NAC 704.0052 “Access line” defined. (NRS 703.025, 704.210) “Access line” means any connection between a customer and a carrier that provides the customer with access to telecommunication in Nevada.
(Added to NAC by Pub. Service Comm’n, eff. 10-25-95; A by Pub. Utilities Comm’n by R136-07, 1-30-2008)
NAC 704.0054 “Basic network service” defined. (NRS 703.025, 704.210) “Basic network service” has the meaning ascribed to it in NRS 704.006.
(Added to NAC by Pub. Utilities Comm’n by R136-07, eff. 1-30-2008)
NAC 704.0055 “Basic service” defined. (NRS 703.025, 704.210) “Basic service” means the provision of intraexchange telephone service and access to long distance services, which includes a single-party or multi-party access line or trunk, a dial tone, a touch tone, local usage, expanded local calling where available, access to emergency 911 service, and single-line directory listing.
(Added to NAC by Pub. Service Comm’n, eff. 1-11-91; A 10-25-95)
NAC 704.0056 “Business line service” defined. (NRS 703.025, 704.210) “Business line service” has the meaning ascribed to it in NRS 704.008.
(Added to NAC by Pub. Utilities Comm’n by R136-07, eff. 1-30-2008)
NAC 704.006 “Commission” defined. (NRS 703.025, 704.210) “Commission” means the Public Utilities Commission of Nevada.
(Added to NAC by Pub. Service Comm’n, eff. 1-11-91)
NAC 704.0065 “Competitive service” defined. (NRS 703.025, 704.210) “Competitive service” means a service which is provided by a small-scale provider of last resort and which has been classified as a competitive service pursuant to NAC 704.6806 to 704.68076, inclusive.
(Added to NAC by Pub. Service Comm’n, eff. 1-11-91; A 10-25-95; A by Pub. Utilities Comm’n by R136-07, 1-30-2008)
NAC 704.0066 “Competitive supplier” defined. (NRS 703.025, 704.210) “Competitive supplier” has the meaning ascribed to it in NRS 704.011.
(Added to NAC by Pub. Utilities Comm’n by R136-07, eff. 1-30-2008)
NAC 704.0068 “Deregulated service” defined. (NRS 703.025, 704.210) “Deregulated service” means a service which is provided by a small-scale provider of last resort and which is:
1. Determined by the Commission to be fully exempt from regulation; or
2. Exempt as a matter of law.
(Added to NAC by Pub. Service Comm’n, eff. 10-25-95; A by Pub. Utilities Comm’n by R136-07, 1-30-2008)
NAC 704.007 “Deregulation” defined. (NRS 703.025, 704.210) “Deregulation” means partial or total exemption from regulation by the Commission of a service that the Commission determines to be competitive and includes exemption from tariff.
(Added to NAC by Pub. Service Comm’n, eff. 1-11-91)
NAC 704.0075 “Discretionary service” defined. (NRS 703.025, 704.210) “Discretionary service” means a service which is provided by a small-scale provider of last resort and has been classified as a discretionary service pursuant to NAC 704.6806 to 704.68076, inclusive.
(Added to NAC by Pub. Service Comm’n, eff. 1-11-91; A 10-25-95; A by Pub. Utilities Comm’n by R136-07, 1-30-2008)
NAC 704.0076 “Energy efficiency contract” defined. (NRS 703.025, 704.210) “Energy efficiency contract” has the meaning ascribed to it in paragraph (a) of subsection 9 of NRS 704.7821.
(Added to NAC by Pub. Utilities Comm’n by R167-05, eff. 2-23-2006)
NAC 704.00765 “Energy efficiency measure” defined. (NRS 703.025, 704.210) “Energy efficiency measure” has the meaning ascribed to it in NRS 704.7802.
(Added to NAC by Pub. Utilities Comm’n by R167-05, eff. 2-23-2006)
NAC 704.0077 “Essential service” defined. (NRS 703.025, 704.210) “Essential service” means a service which is not classified as discretionary, competitive or deregulated.
(Added to NAC by Pub. Service Comm’n, eff. 10-25-95)
NAC 704.0079 “Exchange” defined. (NRS 703.025, 704.210) “Exchange” means a geographic unit approved by the Commission for the administration and pricing of a telecommunication service in a specified area.
(Added to NAC by Pub. Service Comm’n, eff. 10-25-95)
NAC 704.008 “Exemption from tariff” defined. (NRS 703.025, 704.210) “Exemption from tariff” means the partial or full exemption from the requirement of approval by the Commission of changes in the terms, conditions, and pricing decisions for a service that the Commission determines to be competitive.
(Added to NAC by Pub. Service Comm’n, eff. 1-11-91)
NAC 704.0085 “Flexibility of pricing” defined. (NRS 703.025, 704.210) “Flexibility of pricing” means flexibility to establish and maintain a schedule of rates and charges which contains the minimum and maximum rates for each type of service provided and to change a rate within the approved range pursuant to the procedures of NAC 704.7475 and 704.7477.
(Added to NAC by Pub. Service Comm’n, eff. 1-11-91; A by Pub. Utilities Comm’n by R211-03, 4-5-2004)
NAC 704.00861 “Incumbent local exchange carrier” defined. (NRS 703.025, 704.210) “Incumbent local exchange carrier” has the meaning ascribed to it in NRS 704.0135.
(Added to NAC by Pub. Utilities Comm’n by R136-07, eff. 1-30-2008)
NAC 704.00862 “Interexchange carrier” defined. (NRS 703.025, 704.210) “Interexchange carrier” has the meaning ascribed to it in NRS 704.0137.
(Added to NAC by Pub. Service Comm’n, eff. 10-25-95; A by Pub. Utilities Comm’n by R136-07, 1-30-2008)
NAC 704.00864 “Intraexchange carrier” defined. (NRS 703.025, 704.210) “Intraexchange carrier” means a person providing intrastate service for a fee within an exchange.
(Added to NAC by Pub. Service Comm’n, eff. 10-25-95)
NAC 704.00868 “Local area of transport and access” and “LATA” defined. (NRS 703.025, 704.210) “Local area of transport and access” or “LATA” means an area within which Nevada Bell may operate pursuant to the order in United States v. American Telephone and Telegraph Co., 552 F. Supp. 131 (D.C. 1982). The term is equivalent to “local access and transport area” as used in that order.
(Added to NAC by Pub. Service Comm’n, eff. 10-25-95)
NAC 704.0087 “Operator service” defined. (NRS 703.025, 704.210) “Operator service” means live or automated long distance operator service accessible from a public telephone or semipublic telephone in this State and provided by a telecommunication provider which provides credit card, collect, information or other operator services.
(Added to NAC by Pub. Service Comm’n, eff. 10-25-95; A by Pub. Utilities Comm’n by R136-07, 1-30-2008)
NAC 704.00872 “Other essential service” defined. (NRS 703.025, 704.210) “Other essential service” means an essential service other than service which is a basic service.
(Added to NAC by Pub. Service Comm’n, eff. 10-25-95)
NAC 704.008723 “Portfolio energy credit” defined. (NRS 703.025, 704.210) “Portfolio energy credit” has the meaning ascribed to it in NRS 704.7803.
(Added to NAC by Pub. Utilities Comm’n by R167-05, eff. 2-23-2006)
NAC 704.008727 “Portfolio energy system or efficiency measure” defined. (NRS 703.025, 704.210) “Portfolio energy system or efficiency measure” has the meaning ascribed to it in NRS 704.7804.
(Added to NAC by Pub. Utilities Comm’n by R167-05, eff. 2-23-2006)
NAC 704.00873 “Presiding officer” defined. (NRS 703.025, 704.210) “Presiding officer” has the meaning ascribed to it in NAC 703.090.
(Added to NAC by Pub. Utilities Comm’n by R010-05, eff. 9-7-2005)
NAC 704.00876 “Provider of last resort” defined. (NRS 703.025, 704.210) “Provider of last resort” has the meaning ascribed to it in NRS 704.018.
(Added to NAC by Pub. Service Comm’n, eff. 10-25-95; A by Pub. Utilities Comm’n by R136-07, 1-30-2008)
NAC 704.0088 “Reseller” defined. (NRS 703.025, 704.210) “Reseller” means a telecommunication provider who does not own any facilities for transmission, and whose primary business involves subscribing to services from another telecommunication provider and reselling those services for profit.
(Added to NAC by Pub. Service Comm’n, eff. 10-25-95; A by Pub. Utilities Comm’n by R136-07, 1-30-2008)
NAC 704.00882 “Small-scale provider of last resort” defined. (NRS 703.025, 704.210) “Small-scale provider of last resort” has the meaning ascribed to it in NRS 704.023.
(Added to NAC by Pub. Service Comm’n, eff. 10-25-95; A by Pub. Utilities Comm’n by R136-07, 1-30-2008)
NAC 704.00883 “Telecommunication” defined. (NRS 703.025, 704.210) “Telecommunication” has the meaning ascribed to it in NRS 704.025.
(Added to NAC by Pub. Utilities Comm’n by R136-07, eff. 1-30-2008)
NAC 704.008835 “Telecommunication provider” and “telephone company” defined. (NRS 703.025, 704.210) “Telecommunication provider” or “telephone company” means any person required to obtain from the Commission a certificate of public convenience and necessity pursuant to NRS 704.330 to provide telecommunication service. The term does not include hotels, motels, hospitals or other aggregators of telecommunication service for transient customers.
(Added to NAC by Pub. Utilities Comm’n by R136-07, eff. 1-30-2008)
NAC 704.00884 “Telecommunication service” and “telephone service” defined. (NRS 703.025, 704.210) “Telecommunication service” or “telephone service” has the meaning ascribed to it in NRS 704.028.
(Added to NAC by Pub. Service Comm’n, eff. 10-25-95; A by Pub. Utilities Comm’n by R211-03, 4-5-2004; R136-07, 1-30-2008)
NAC 704.009 “Uniform System of Accounts” defined. (NRS 703.025, 704.210) “Uniform System of Accounts” means the Uniform System of Accounts prescribed for public utilities and licensees, classes A, B, C and D, published by the Federal Communications Commission and adopted by reference in NAC 704.645.
(Added to NAC by Pub. Service Comm’n, eff. 1-11-91)
NAC 704.0097 Deviation from provisions of chapter. (NRS 703.025, 704.210) The Commission or presiding officer may allow deviation from any provision of this chapter if:
1. Good cause for the deviation appears;
2. The person requesting the deviation provides a specific reference to each provision of this chapter from which the deviation is requested; and
3. The Commission finds that the deviation is in the public interest and is not contrary to statute.
(Added to NAC by Pub. Utilities Comm’n by R047-02, eff. 10-24-2002; A by R010-05, 9-7-2005)
DEFERRED ACCOUNTING BY CERTAIN ELECTRIC AND GAS UTILITIES
NAC 704.023 Definitions. (NRS 703.025, 704.185, 704.187, 704.210) As used in NAC 704.023 to 704.195, inclusive, unless the context otherwise requires, the words and terms defined in NAC 704.024 to 704.063, inclusive, have the meanings ascribed to them in those sections.
(Supplied in codification; A by Pub. Service Comm’n, eff. 11-3-87; A by Pub. Utilities Comm’n by R100-01, 12-17-2001; R116-03, 10-30-2003; R084-05, 10-31-2005; R202-05, 11-13-2006)
NAC 704.024 “Adjustment date” defined. (NRS 703.025, 704.185, 704.187, 704.210) “Adjustment date” means the end of the calendar year for an electric utility or the end of the calendar month selected by a gas utility for the purposes of a deferred energy application.
(Added to NAC by Pub. Service Comm’n, eff. 11-3-87; A by Pub. Utilities Comm’n by R100-01, 12-17-2001; R071-07, 10-31-2007)
NAC 704.030 “Amortization period” defined. (NRS 703.025, 704.185, 704.187, 704.210) “Amortization period” means:
1. For an electric utility, such period, not to exceed 12 months, after the end of the prior related test period, as determined by the Commission.
2. For a gas utility, such period, not to exceed 12 months, after the end of the prior related test period, as determined by the Commission.
[Pub. Service Comm’n, Gen. Order 21 part § 2.2, eff. 11-8-79]—(NAC A 11-3-87; A by Pub. Utilities Comm’n by R100-01, 12-17-2001; R071-07, 10-31-2007)
NAC 704.031 “Annual rate adjustment application” defined. (NRS 703.025, 704.185, 704.210) “Annual rate adjustment application” means an application filed by a gas utility making quarterly rate adjustments to clear its natural gas deferred energy accounts pursuant to NAC 704.023 to 704.195, inclusive.
(Added to NAC by Pub. Utilities Comm’n by R202-05, eff. 11-13-2006)
NAC 704.032 “Base tariff energy rate” defined. (NRS 703.025, 704.185, 704.187, 704.210) “Base tariff energy rate” means:
1. For an electric utility, the rate determined by dividing the cost of fuel for electric generation and purchased power, reduced by any revenue from nonfirm sales for the test period, by the total megawatt-hours that have been sold, exclusive of nonfirm sales, for the test period, except that if a regulation of the Commission or a specific fuel or purchased power contract so specifies, the costs and benefits must be treated in accordance with the regulation or the terms and conditions of the contract;
2. For a gas utility that does not make quarterly rate adjustments, the rate determined by dividing the cost of purchased gas by applicable sales as described in NAC 704.135; or
3. For a gas utility that makes quarterly rate adjustments, the rate determined pursuant to the methodology determined by the Commission pursuant to NAC 704.161.
(Added to NAC by Pub. Service Comm’n, eff. 11-3-87; A by Pub. Utilities Comm’n by R100-01, 12-17-2001; R084-05, 10-31-2005; R202-05, 11-13-2006; R071-07, 10-31-2007)
NAC 704.035 “Deferred energy accounting” defined. (NRS 703.025, 704.185, 704.187, 704.210) “Deferred energy accounting” means an accounting practice which provides for the monthly deferral of increased or decreased energy costs experienced during a specific period and the amortization of those costs during a subsequent period to the extent that:
1. An electric utility does not collect more or less than its actual cost of fuel for electric generation and purchased power which is prudently incurred; or
2. A gas utility does not collect more or less than its actual cost of purchased gas which is prudently incurred.
[Pub. Service Comm’n, Gen. Order 21 § 2.6, eff. 11-8-79]—(NAC A 11-3-87; A by Pub. Utilities Comm’n by R100-01, 12-17-2001)
NAC 704.037 “Deferred energy accounting adjustment” defined. (NRS 703.025, 704.185, 704.187, 704.210) “Deferred energy accounting adjustment” means the rate determined by dividing the deferred energy balance for the test period by the total Nevada jurisdictional kilowatt-hours or therms which have been sold during the test period as described in NAC 704.101 and 704.111.
(Added to NAC by Pub. Service Comm’n, eff. 11-3-87; A by Pub. Utilities Comm’n by R100-01, 12-17-2001)
NAC 704.039 “Deferred energy application” defined. (NRS 703.025, 704.185, 704.187, 704.210) “Deferred energy application” means an application filed by:
1. An electric utility pursuant to subsection 9 of NRS 704.110 and NRS 704.187; or
2. A gas utility to clear its deferred energy accounts pursuant to NAC 704.023 to 704.195, inclusive.
(Added to NAC by Pub. Utilities Comm’n by R100-01, eff. 12-17-2001; A by R071-07, 10-31-2007)
NAC 704.045 “Deferred energy balance” defined. (NRS 703.025, 704.185, 704.187, 704.210) “Deferred energy balance” means the amount contained in FERC Account Nos. 182.3 and 191, and represents the sum of:
1. The difference between revenue received from the base tariff energy rate and the jurisdictional allocation of the amounts contained in the appropriate accounts listed in paragraphs (a), (b), (c) and (e) of subsection 2 of NAC 704.120;
2. The amount resulting from the application of the deferred energy accounting adjustment to sales, as contained in the appropriate revenue accounts;
3. The Nevada jurisdictional portion of refunds from suppliers, including any interest earned thereon; and
4. Carrying charges as described in NAC 704.150.
[Pub. Service Comm’n, Gen. Order 21 § 2.5, eff. 11-8-79]—(NAC A 11-3-87; A by Pub. Utilities Comm’n by R100-01, 12-17-2001; R071-07, 10-31-2007)
NAC 704.048 “Electric utility” defined. (NRS 703.025, 704.187, 704.210) “Electric utility” means an electric utility that is required to use deferred energy accounting pursuant to NRS 704.187.
(Added to NAC by Pub. Utilities Comm’n by R100-01, eff. 12-17-2001)
NAC 704.050 “Energy costs” defined. (NRS 703.025, 704.185, 704.187, 704.210) “Energy costs” means expenses associated with the acquisition of fuel for electric generation, purchased power and purchased gas as those expenses are defined in the Uniform System of Accounts of the Federal Energy Regulatory Commission and in the accounts which have been created by NAC 704.023 to 704.195, inclusive.
[Pub. Service Comm’n, Gen. Order 21 § 2.7, eff. 11-8-79]—(NAC A 11-3-87; A by Pub. Utilities Comm’n by R100-01, 12-17-2001)
NAC 704.055 “FERC account” defined. (NRS 703.025, 704.185, 704.187, 704.210) “FERC account” means an account contained in the Uniform System of Accounts created by the Federal Energy Regulatory Commission.
[Pub. Service Comm’n, Gen. Order 21 § 2.8, eff. 11-8-79]—(NAC A 11-3-87)
NAC 704.056 “Gas utility” defined. (NRS 703.025, 704.185, 704.210) “Gas utility” means a gas utility that elects to use deferred energy accounting pursuant to NRS 704.185, including a gas utility that is authorized to make quarterly rate adjustments pursuant to subsection 8 of NRS 704.110.
(Added to NAC by Pub. Utilities Comm’n by R100-01, eff. 12-17-2001; A by R202-05, 11-13-2006)
NAC 704.058 “Nonfirm sales” defined. (NRS 703.025, 704.185, 704.187, 704.210) “Nonfirm sales” means the short-term sale of energy or the capacity to produce energy, or both, where there is no commitment of the continuous availability of the energy.
(Added to NAC by Pub. Service Comm’n, eff. 11-3-87)
NAC 704.061 “Purchased gas” defined. (NRS 703.025, 704.185, 704.210) “Purchased gas” means natural gas purchased for resale.
(Added to NAC by Pub. Utilities Comm’n by R100-01, eff. 12-17-2001)
NAC 704.062 “Quarterly rate adjustment” defined. (NRS 703.025, 704.185, 704.187, 704.210) “Quarterly rate adjustment” means a quarterly adjustment to the base tariff energy rate of:
1. An electric utility for purchased fuel or power based on changes in the utility’s recorded energy costs; or
2. A gas utility based on changes in the utility’s recorded costs of natural gas purchased for resale.
(Added to NAC by Pub. Utilities Comm’n by R202-05, eff. 11-13-2006; A by R071-07, 10-31-2007)
NAC 704.063 “Test period” defined. (NRS 703.025, 704.185, 704.187, 704.210) “Test period” means the 12 calendar months ending on the adjustment date.
(Added to NAC by Pub. Service Comm’n, eff. 11-3-87)
NAC 704.075 Applicability; notice by gas utility of its intent to use deferred energy accounting. (NRS 703.025, 704.185, 704.187, 704.210)
1. The provisions of NAC 704.023 to 704.195, inclusive, apply to:
(a) Each electric utility that is required to use deferred energy accounting pursuant to NRS 704.187; and
(b) Each gas utility that elects to use deferred energy accounting pursuant to NRS 704.185.
2. Before a gas utility institutes procedures for the use of deferred energy accounting, the gas utility must notify the Commission in writing of its intent to do so. The notice must include the base tariff energy rate and all supporting data required to calculate the rate according to the formulas provided in NAC 704.023 to 704.195, inclusive.
[Pub. Service Comm’n, Gen. Order 21 § 1.21, eff. 11-8-79]—(NAC A 11-3-87; A by Pub. Utilities Comm’n by R100-01, 12-17-2001)
NAC 704.090 Gas utilities: Termination of deferred energy accounting. (NRS 703.025, 704.185, 704.210)
1. A gas utility that uses deferred energy accounting pursuant to NAC 704.023 to 704.195, inclusive, may apply to the Commission for authority to terminate those accounting procedures. The gas utility may cease using those accounting procedures upon authorization from the Commission.
2. An application filed pursuant to this section must contain a report showing the Nevada jurisdictional earned rate of return for the specific operating department applying for termination for the most current 12 calendar months.
3. Within 45 days after the date on which the Commission authorizes termination, the gas utility shall file for the specific operating department which applied for termination a report containing:
(a) The Nevada jurisdictional earned rate of return for the 12 calendar months ending on the date of termination.
(b) A statement of the cumulative balance as of the date of termination. The Commission will issue an appropriate order for the disposition of this balance.
[Pub. Service Comm’n, Gen. Order 21 § 1.23, eff. 11-8-79]—(NAC A 11-3-87; A by Pub. Utilities Comm’n by R100-01, 12-17-2001)
NAC 704.095 General requirements for deferred energy accounts. (NRS 703.025, 704.185, 704.187, 704.210) Deferred energy accounts:
1. May be used only to carry out deferred energy accounting procedures and are not amendments to any other regulation of the Commission; and
2. Must be consistent with the provisions of NAC 704.023 to 704.195, inclusive.
[Pub. Service Comm’n, Gen. Order 21 § 3.1, eff. 11-8-79]—(NAC A 11-3-87; A by Pub. Utilities Comm’n by R100-01, 12-17-2001)
NAC 704.101 Use of deferred energy accounts; required entries. (NRS 703.025, 704.185, 704.187, 704.210) Each electric utility and gas utility using deferred energy accounting shall maintain a deferred energy account. Entries must be made to the deferred energy account at the end of each month as follows:
1. For electric operations:
(a) A debit entry or credit entry to FERC Account No. 182.3, if negative, equal to the cost of both fuel for electric generation and purchased power, reduced for revenues from nonfirm sales, distributed to applicable jurisdictional sales by the ratio of those jurisdictional sales to the total sales of energy, exclusive of nonfirm sales, less the amount of revenue derived by applying the base tariff energy rate to that month’s applicable jurisdictional sales.
(b) A separate credit entry or debit entry, if negative, equal to the amount of revenue derived by applying the appropriate deferred energy accounting adjustment to that month’s applicable jurisdictional sales.
(c) A credit entry equal to the jurisdictional amount of any cash refund, including interest if applicable, received from its fuel or suppliers of purchased power.
(d) A separate debit entry or credit entry, if negative, equal to the product of the ending balance multiplied by one-twelfth of the authorized rate of return as provided in NAC 704.150.
2. For gas operations:
(a) A debit entry or credit entry to FERC Account No. 191, if negative, equal to the cost of purchased gas for the month distributed to applicable jurisdictional sales by the ratio of those jurisdictional sales to total sales, less the amount of the revenue derived by applying the base tariff energy rate to that month’s applicable jurisdictional sales.
(b) A credit entry or debit entry, if negative, equal to the amount of revenue derived by applying the appropriate deferred energy accounting adjustment to that month’s applicable jurisdictional sales.
(c) A credit entry equal to the jurisdictional amount of any cash refund, including interest if applicable, received from suppliers of purchased gas.
(d) A debit entry or credit entry, if negative, equal to the product of the ending balance multiplied by one-twelfth of the authorized rate of return as provided in NAC 704.150.
(Added to NAC by Pub. Service Comm’n, eff. 11-3-87; A by Pub. Utilities Comm’n by R100-01, 12-17-2001; R071-07, 10-31-2007)
NAC 704.105 Account for energy cost adjustments. (NRS 703.025, 704.185, 704.187, 704.210) An account for energy cost adjustments must:
1. Contain contra entries to:
(a) FERC Account No. 182.3, for electric operations; or
(b) FERC Account No. 191, for gas operations.
2. Be debited or credited with the amount of the amortized energy cost differential for each month of each period of amortization.
3. Be maintained in a manner consistent with:
(a) FERC Account No. 182.3, for electric operations; or
(b) FERC Account No. 191, for gas operations.
[Pub. Service Comm’n, Gen. Order 21 § 3.12, eff. 11-8-79]—(NAC A 11-3-87; A by Pub. Utilities Comm’n by R100-01, 12-17-2001; R071-07, 10-31-2007)
NAC 704.111 Clearing deferred energy accounts; calculation and application of deferred energy accounting adjustment; limitations on recovery of debit balance. (NRS 703.025, 704.185, 704.187, 704.210)
1. For each electric utility:
(a) The electric utility shall clear annually any debit or credit balance in FERC Account No. 182.3 over an approved period by dividing the cumulative debit or credit balance by the total Nevada jurisdictional kilowatt-hours which have been sold during the test period. The resulting positive or negative deferred energy accounting adjustment must be applied to each Nevada jurisdictional customer’s monthly use of energy expressed in kilowatt-hours.
(b) The electric utility shall not bill or credit the deferred energy accounting adjustment to the customers of the electric utility until authorized by the Commission after a proper deferred energy application is made therefor.
2. For each gas utility:
(a) The gas utility shall clear annually any debit or credit balance in FERC Account No. 191 by dividing the cumulative debit or credit balance by the total Nevada jurisdictional therms which have been sold during the test period. The resulting positive or negative deferred energy accounting adjustment must be applied to each Nevada jurisdictional customer’s monthly use of energy expressed in therms.
(b) The gas utility shall not bill or credit the deferred energy accounting adjustment to the customers of the gas utility until authorized by the Commission after a proper deferred energy application or annual rate adjustment application is made therefor.
3. The recovery of a debit balance in FERC Account No. 182.3, for electric operations, or FERC Account No. 191, for gas operations, must be limited by the most recently authorized Nevada jurisdictional rate of return for the specific operation of the electric utility or gas utility. If the Nevada jurisdictional rate of return submitted for an operating department of the electric utility or gas utility exceeds the most recently authorized rate of return for the utility, an amount equal to the amount which exceeds the utility’s last authorized rate of return must be carried forward to the next test period.
(Added to NAC by Pub. Service Comm’n, eff. 11-3-87; A by Pub. Utilities Comm’n by R100-01, 12-17-2001; R202-05, 11-13-2006; R071-07, 10-31-2007)
NAC 704.116 Deferred energy applications; calculation and effective period of base tariff energy rate and deferred energy accounting adjustment. (NRS 703.025, 704.110, 704.185, 704.187, 704.210)
1. Except as otherwise provided in subsection 2 or 3, each electric utility and gas utility shall file annually with the Commission a deferred energy application for each of its jurisdictional operating departments in this State setting forth its calculations of the deferred energy accounting adjustment and the base tariff energy rate.
2. A gas utility that is not authorized to make quarterly rate adjustments may file with the Commission a semiannual deferred energy application if the net change in revenue necessary to clear the change in the deferred energy account balance at the end of the 6-month period exceeds plus or minus 5 percent of the total revenue at the last authorized rates for purchased gas.
3. A gas utility that makes quarterly rate adjustments pursuant to subsection 8 of NRS 704.110 shall file an annual rate adjustment application with the Commission for each of its jurisdictional operating departments in this State, setting forth its calculations of the deferred energy accounting adjustment. The annual rate adjustment application must be filed not later than the date specified by the Commission pursuant to subsection 3 of NAC 704.161.
4. Each electric utility shall file its deferred energy application pursuant to subsection 3 of NRS 704.187. Each gas utility shall file its deferred energy application not later than 45 days after the adjustment date.
5. If an electric utility files a deferred energy application while a general rate application is pending before the Commission, the electric utility shall:
(a) Submit with its deferred energy application information relating to the cost of service and rate design; and
(b) Supplement its general rate application with the same information, if such information was not submitted with the general rate application.
6. The deferred energy accounting adjustment of an electric utility or gas utility must be calculated pursuant to NAC 704.101 and 704.111.
7. The base tariff energy rate of a gas utility that is not authorized by the Commission to make quarterly rate adjustments must be calculated pursuant to NAC 704.135.
8. The base tariff energy rate of a gas utility that is not authorized by the Commission to make quarterly rate adjustments remains in effect until a revised rate is authorized by the Commission.
9. The deferred energy accounting adjustment of an electric utility or gas utility remains in effect until the end of the designated amortization period or until an amended rate is authorized by the Commission, whichever occurs first.
(Added to NAC by Pub. Service Comm’n, eff. 11-3-87; A by Pub. Utilities Comm’n by R100-01, 12-17-2001; R084-05, 10-31-2005; R202-05, 11-13-2006; R071-07, 10-31-2007)
NAC 704.117 Gas utilities: Application to revise base tariff energy rate. (NRS 703.025, 704.110, 704.185, 704.210) In accordance with subsection 7 of NRS 704.110, a gas utility may file an application to revise its base tariff energy rate every 30 days unless the Commission has approved a quarterly rate adjustment pursuant to NRS 704.100 and 704.110.
(Added to NAC by Pub. Utilities Comm’n by R084-05, eff. 10-31-2005; A by R202-05, 11-13-2006; R071-07, 10-31-2007)
NAC 704.118 Notice of certain applications, hearings thereon and quarterly rate adjustments. (NRS 703.025, 704.110, 704.185, 704.187, 704.210)
1. An electric utility or gas utility that files a deferred energy application pursuant to NAC 704.116, a gas utility that files an application to revise its base tariff energy rate pursuant to NAC 704.117 or a gas utility that files an annual rate adjustment application pursuant to subsection 3 of NAC 704.116 shall:
(a) Within 10 days after filing the application, make available at each of its business offices a complete copy of the application in such form and place as to be readily accessible to and conveniently inspected by the public;
(b) Within 10 days after filing the application, print in plain type and post at each of its business offices, in such form and place as to be readily accessible to and conveniently inspected by the public, a notice stating that the application has been filed with the Commission, describing briefly the purpose of the application, indicating that the complete application is available for public inspection on the premises and setting forth the locations where additional information may be obtained; and
(c) Within 20 days after filing the application, submit to the Commission affidavits that indicate that the application has been filed and that the utility has complied with the provisions of paragraphs (a) and (b).
2. After the Commission has scheduled a date for a hearing on the application, the applicant shall, at least 10 days before the scheduled date of the hearing, give notice to its customers who are affected by the proposed increase. The first paragraph of the notice must state the date, time and place of the hearing, the total amount of the proposed increase in dollars, the estimated proposed monthly increase in dollars and the proposed percentage of increase for each class of customer or class of service. The notice must also state that the Commission may set rates which may be higher or lower than the rates proposed in the application and that additional information may be obtained from the Commission or at the offices of the electric or gas utility filing the application. The notice must be given by at least two of the following methods:
(a) Inclusion in the regular bill of charges transmitted to the applicant’s customers.
(b) Separate mailing to each of the applicant’s customers.
(c) Prominent presentation in one or more forms of the media, including newspapers, television and radio, so that the notice will likely reach the applicant’s customers.
3. At or before the hearing, the applicant must submit a verified statement to the Commission that the notice required in subsection 2 has been given. The statement must:
(a) Set forth the means by which, and the dates and times when, the notice was mailed, published or broadcast; and
(b) Include, as an attachment, a copy of the notice as mailed, published or transcribed.
4. An electric utility shall, for each quarterly rate adjustment, provide:
(a) Notice to the Commission pursuant to the provisions of paragraph (a) of subsection 9 of NRS 704.110, including, without limitation:
(1) A copy of the notice of the quarterly rate adjustment that the electric utility will provide to its customers;
(2) Supporting information for all amounts shown in the notice of the quarterly rate adjustment that the electric utility will provide to its customers;
(3) The calculations supporting the change in its base tariff energy rate; and
(4) The tariff sheets reflecting the quarterly rate adjustment;
(b) Notice to its customers as required pursuant to the provisions of paragraph (b) of subsection 9 of NRS 704.110; and
(c) A copy of the notice provided pursuant to paragraph (a) to the Regulatory Operations Staff of the Commission and to the Bureau of Consumer Protection in the Office of the Attorney General.
5. A gas utility that is authorized to make quarterly rate adjustments shall, for each quarterly rate adjustment, provide:
(a) Notice to the Commission pursuant to the provisions of paragraph (a) of subsection 8 of NRS 704.110, including, without limitation:
(1) A copy of the notice of the quarterly rate adjustment that the gas utility will provide to its customers;
(2) Supporting information for all amounts shown in the notice of the quarterly rate adjustment that the gas utility will provide to its customers; and
(3) The calculations supporting the change in its base tariff energy rate;
(b) Notice to its customers as required pursuant to the provisions of paragraph (b) of subsection 8 of NRS 704.110; and
(c) A copy of the notice provided pursuant to paragraph (a) to the Regulatory Operations Staff of the Commission and to the Bureau of Consumer Protection in the Office of the Attorney General.
(Added to NAC by Pub. Utilities Comm’n by R116-03, eff. 10-30-2003; A by R084-05, 10-31-2005; R202-05, 11-13-2006; R071-07, 10-31-2007)
NAC 704.120 Adoption by reference of certain accounts from Uniform System of Accounts of Federal Energy Regulatory Commission. (NRS 703.025, 704.185, 704.187, 704.210, 704.215)
1. The Commission hereby adopts by reference from the Uniform System of Accounts of the Federal Energy Regulatory Commission those accounts enumerated in this section as FERC accounts. These accounts are contained in 18 C.F.R. Parts 101 and 201, and the volume of the Code of Federal Regulations containing these Parts may be purchased from the Superintendent of Documents, United States Government Printing Office, P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954, or toll-free at (866) 512-1800, for the price of $62, or these Parts may be obtained free of charge on the Internet at http://www.gpoaccess.gov/cfr/index.html.
2. The following accounts are hereby adopted:
(a) Fuel for electric generation, FERC Account Nos. 501 and 547.
(b) Purchased power, FERC Account No. 555.
(c) Transmission of electricity by others, FERC Account No. 565.
(d) Income tax accounts, electric and gas, FERC Account Nos. 190, 236, 283, 409.1, 410.1 and 411.1.
(e) Gas for resale, FERC Account Nos. 728, 755, 760, 777, 800 to 809.2, inclusive, 811, 812 and 858.
(f) Purchased gas cost adjustments, FERC Account No. 805.1.
(g) Unrecovered purchased gas costs, FERC Account No. 191.
(h) Interest and dividend income, FERC Account No. 419.
(i) Other regulatory assets, electric, FERC Account No. 182.3.
(j) Other expenses, FERC Account No. 557.
[Pub. Service Comm’n, Gen. Order 21 § 3.2, eff. 11-8-79; A 8-21-81]—(NAC A 11-3-87; A by Pub. Utilities Comm’n by R100-01, 12-17-2001; R071-07, 10-31-2007)
NAC 704.135 Gas utilities: Calculation of certain base tariff energy rates and recommendation of preferred base tariff energy rate. (NRS 703.025, 704.185, 704.210)
1. A gas utility that does not make quarterly rate adjustments shall, pursuant to subsections 2 and 3, calculate a forecasted and a historic base tariff energy rate (BTER) for purchased gas and recommend its preferred base tariff energy rate to the Commission.
2. The gas utility shall calculate a forecasted base tariff energy rate based on the following formula:
Where:
PG = Sales volumes of the gas utility, including an adjustment for projected shrinkage in the distribution system and the consumption of gas by an upstream pipeline company, used to calculate purchases necessary to support the given level of sales for the test period expressed in therms.
UG = The projected weighted average unit price that will be paid for gas during the period in which the rate will be in effect.
SG = Actual volumes of gas sold for the test period expressed in therms.
FG = Fixed costs associated with the purchase of gas for the period in which the rate will be in effect as may be enumerated in the accounts specified in paragraph (e) of subsection 2 of NAC 704.120.
VG = Variable transportation costs.
TG = Distribution system shrinkage costs paid by transportation customers.
Then:
(PG X UG) + FG + (VG – TG)
BTER = _____________________________________
SG
3. Except as otherwise provided in subsection 4, the gas utility shall calculate a historic base tariff energy rate based on the following formula:
Where:
PG = Sales volumes of the gas utility, including an adjustment for projected shrinkage in the distribution system and the consumption of gas by an upstream pipeline company, used to calculate purchases necessary to support the given level of sales for the test period expressed in therms.
UG = The weighted average of the latest experienced unit prices paid for gas during the test period.
SG = Actual volumes of gas sold for the test period expressed in therms.
FG = Annualized fixed costs associated with the purchase of gas for the test period as may be enumerated in the accounts specified in paragraph (e) of subsection 2 of NAC 704.120.
VG = Variable transportation costs.
TG = Distribution system shrinkage costs paid by transportation customers.
Then:
(PG X UG) + FG + (VG – TG)
BTER = _____________________________________
SG
4. A gas utility that makes quarterly rate adjustments shall calculate its base tariff energy rate using the methodology determined by the Commission pursuant to NAC 704.161.
[Pub. Service Comm’n, Gen. Order 21 § 3.33, eff. 11-8-79; A 8-21-81]—(NAC A 11-3-87; A by Pub. Utilities Comm’n by R100-01, 12-17-2001; R084-05, 10-31-2005; R202-05, 11-13-2006)
NAC 704.145 Additional requirements for deferred energy accounts; accounts relating to income taxes. (NRS 703.025, 704.185, 704.187, 704.210)
1. FERC Account Nos. 182.3 and 557 must be used in Nevada jurisdictional electric operations for deferred energy accounting to record monthly entries in the manner prescribed in NAC 704.101 and 704.105.
2. FERC Account Nos. 191 and 805.1 must be used in Nevada jurisdictional gas operations to record the monthly entries in the manner prescribed in NAC 704.101 and 704.105.
3. The contra entries to the deferred energy accounts referred to in subsections 1 and 2 must be made to FERC Account No. 557, for electric cost differentials, and FERC Account No. 805.1, for gas cost differentials.
4. The income tax effect applicable to the debit and credit entries to the deferred energy accounts set forth in NAC 704.023 to 704.195, inclusive, must be recorded in the following FERC accounts:
|
(a) FERC Account No. 410.1 - Provision for deferred income taxes, utility operating income. |
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(b) FERC Account No. 283 - Accumulated deferred income taxes, other. |
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(c) FERC Account No. 411.1 - Provision for deferred income taxes, credit, utility operating income. |
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(d) FERC Account No. 190 - Accumulated deferred income taxes. |
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(e) FERC Account No. 409.1 - Income taxes, utility operating income. |
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(f) FERC Account No. 236 - Taxes accrued. |
Ê These accounts must be maintained by test period so as to separate the income tax effect between electric and gas operations. The accounts must be maintained in a manner consistent with FERC Account No. 191, for gas operations, and FERC Account No. 182.3, for electric operations.
[Pub. Service Comm’n, Gen. Order 21 § 4.0, eff. 11-8-79; A 8-21-81]—(NAC A 11-3-87; A by Pub. Utilities Comm’n by R100-01, 12-17-2001; R071-07, 10-31-2007)
NAC 704.150 Carrying charges. (NRS 703.025, 704.185, 704.187, 704.210)
1. Except as otherwise provided in subsection 3, a carrying charge must be computed on the current average monthly debit or credit balance in FERC Account No. 182.3, for electric operations, or FERC Account No. 191, for gas operations, and must be respectively debited or credited to the account at the carrying charge rate of one-twelfth of the overall rate of return as authorized by the Commission for the particular department or division of the electric utility or gas utility, adjusted for the federal income tax applicable to the equity component of the overall rate of return computed at the applicable statutory rate. The rate of the carrying charge must be applied to the entire balance in FERC Account No. 182.3, for electric operations, or FERC Account No. 191, for gas operations, net of applicable accumulated deferred income taxes, as follows:
Carrying charge = (carrying charge rate) x (average deferred energy balance for the month) x (1 - statutory deferred income tax rate)
2. The contra entries for the carrying charge must be made to FERC Account No. 419, for gas operations.
3. If, in any month, the Nevada jurisdictional earned rate of return for an operating department of the electric utility or gas utility exceeds the overall rate of return last authorized by the Commission for that department, and if the average monthly balance in FERC Account No. 182.3, for electric operations, or FERC Account No. 191, for gas operations, is a debit, an adjustment amount will be calculated equal to the amount which exceeds the utility’s last authorized rate of return. The Nevada jurisdictional earned rate of return will be calculated quarterly using the 12-month period ending with the last month of the quarter and will apply to the carrying charge calculation in each month of that quarter. Carrying charges may accrue only on that portion of the debit balance which exceeds the adjustment amount.
[Pub. Service Comm’n, Gen. Order 21 § 4.7, eff. 8-21-81; A 12-2-81]—(NAC A 11-3-87; A by Pub. Utilities Comm’n by R100-01, 12-17-2001; R071-07 & R073-07, 10-31-2007)
NAC 704.161 Gas utilities: Application to make quarterly rate adjustments. (NRS 703.025, 704.110, 704.185, 704.210)
1. Before a gas utility which purchases natural gas for resale may make quarterly rate adjustments, the utility must file an application pursuant to subsection 8 of NRS 704.110 and must receive approval from the Commission to adjust its base tariff energy rate on a quarterly basis between annual rate adjustment applications.
2. The application described in subsection 1 must include, without limitation:
(a) The rationale in support of the decision of the gas utility to apply to the Commission for approval to implement quarterly rate adjustments;
(b) The proposed filing dates and effective dates for each of the quarterly rate adjustments;
(c) The proposed filing date and effective date for the annual rate adjustment application;
(d) The methodology proposed to be used to calculate the quarterly rate adjustments and the rationale supporting the selection of the methodology; and
(e) The amount of the proposed initial quarterly rate adjustment.
3. If the Commission approves an application described in subsection 1, the Commission will specify the filing and effective dates, methodology and amounts to be used by the applicant.
(Added to NAC by Pub. Utilities Comm’n by R202-05, eff. 11-13-2006)
NAC 704.166 Gas utilities: Application to terminate quarterly rate adjustments and establish base tariff energy rate. (NRS 703.025, 704.110, 704.185, 704.210)
1. A gas utility may file an application requesting approval to terminate its authority to make quarterly rate adjustments and to establish its base tariff energy rate pursuant to NAC 704.116 or subsection 3 of NAC 704.117. The gas utility may cease making quarterly rate adjustments upon authorization from the Commission.
2. The application submitted pursuant to subsection 1 must include, without limitation:
(a) The rationale supporting the request to terminate the utility’s authority to make quarterly rate adjustments;
(b) The proposed effective date of the transition; and
(c) If applicable, the proposed base tariff energy rate calculated pursuant to NAC 704.135.
(Added to NAC by Pub. Utilities Comm’n by R202-05, eff. 11-13-2006)
NAC 704.195 Monthly reports. (NRS 703.025, 704.110, 704.185, 704.187, 704.210)
1. Not later than 45 days after the end of each month in every deferred energy period, each electric utility and gas utility shall submit to the Commission a report containing all transactions and calculations affecting the deferred energy accounts. The monthly reports must include any other information or data required by the Commission to expedite or facilitate the deferred energy application or annual rate adjustment application and hearing necessary to clear the balances of deferred energy accounts.
2. Each electric utility shall submit in its monthly reports for electric operations the monthly cost of all energy generated and purchased, indicating:
(a) The number of megawatt-hours generated as to quantity, cost and type of fuel used in each generating unit;
(b) The number of megawatt-hours purchased and the cost, including demand charges, for each supplier by rate schedule or contract; and
(c) The basis of charges and data supporting those charges.
3. Each gas utility shall submit in its monthly reports for gas operations the monthly cost of all gas purchased, indicating:
(a) The quantity and cost of gas purchased from each supplier by rate schedule or contract; and
(b) The basis of the charges and the invoices supporting the charges.
[Pub. Service Comm’n, Gen. Order 21 § 6.1, eff. 11-8-79]—(NAC A 11-3-87; A by Pub. Utilities Comm’n by R100-01, 12-17-2001; R202-05, 11-13-2006)
RECOVERY OF VARIABLE INTEREST EXPENSE OR DIVIDENDS
NAC 704.210 Definitions. (NRS 703.025, 704.210, 704.324) As used in NAC 704.210 to 704.222, inclusive, unless the context otherwise requires, the words and terms defined in NAC 704.211 to 704.216, inclusive, have the meanings ascribed to them in those sections.
(Added to NAC by Pub. Service Comm’n, eff. 3-3-92)
NAC 704.211 “Amortization period” defined. (NRS 703.025, 704.210, 704.324) “Amortization period” has the meaning ascribed to it in NAC 704.030.
(Added to NAC by Pub. Service Comm’n, eff. 3-3-92)
NAC 704.212 “Deferred energy accounting adjustment” defined. (NRS 703.025, 704.210, 704.324) “Deferred energy accounting adjustment” has the meaning ascribed to it in NAC 704.037.
(Added to NAC by Pub. Service Comm’n, eff. 3-3-92)
NAC 704.213 “FERC account” defined. (NRS 703.025, 704.210, 704.324) “FERC account” has the meaning ascribed to it in NAC 704.055.
(Added to NAC by Pub. Service Comm’n, eff. 3-3-92)
NAC 704.214 “Test period” defined. (NRS 703.025, 704.210, 704.324) “Test period” has the meaning ascribed to it in NAC 704.063.
(Added to NAC by Pub. Service Comm’n, eff. 3-3-92)
NAC 704.215 “Weighted average variable interest or dividend rate” defined. (NRS 703.025, 704.210, 704.324) “Weighted average variable interest or dividend rate” means the weighted average of the rates over the 12-month test period for all outstanding variable rate securities issued by the utility and included in the Nevada jurisdictional capital structure, as approved in the last general rate case or other proceeding if stipulated by the parties and accepted by the Commission.
(Added to NAC by Pub. Service Comm’n, eff. 3-3-92)
NAC 704.216 “Utility” defined. (NRS 703.025, 704.210, 704.324) “Utility” means a public utility, as defined in NRS 704.020.
(Added to NAC by Pub. Service Comm’n, eff. 3-3-92)
NAC 704.217 Application to recover deferred variable interest expense or dividends: Filing and contents. (NRS 703.025, 704.210, 704.324)
1. A utility may file an application to recover deferred variable interest expense or dividends and to update the level of variable interest expense or dividends included in the current rates within 45 days after the end of the utility’s test period. An application may not be filed more than once during a calendar year.
2. The application must include:
(a) A request for approval to adopt the procedure;
(b) A calculation of the weighted average variable interest or dividend rate;
(c) A calculation of the net change in the base tariff general rate resulting from changes in the weighted average variable interest or dividend rate; and
(d) A calculation of the net change in the base tariff general rate resulting from changes in accumulation of deferred interest.
3. The net change in the base tariff general rate (1BTGR) resulting from changes in the weighted average variable interest or dividend rate must be based on the following formula:
[AVIR(new) - AVIR(prior)] X RB
1BTGR = ______________________________
BU
4. The net change in the base tariff general rate (2BTGR) resulting from changes in accumulation of deferred interest (ADI) must be based on the following formula:
ADI(new) ADI(prior)
2BTGR = ___________ - ___________
BU(new) BU(prior)
5. As used in this section:
(a) “ADI(new)” means the balance in the subaccount of FERC Account No. 186 during the current amortization period.
(b) “ADI(prior)” means the balance in the subaccount of FERC Account No. 186 during the prior amortization period.
(c) “AVIR(new)” means the current month’s weighted variable interest or dividend rate for all outstanding variable rate securities issued by the utility and included in the Nevada jurisdictional capital structure, as approved in the last general rate case or other proceeding if stipulated by the parties and accepted by the Commission.
(d) “AVIR(prior)” means the weighted average variable interest or dividend rate.
(e) “BU” means the billing units established in the last general rate case or other proceeding if stipulated by the parties and accepted by the Commission.
(f) “BU(new)” means the billing units established during the current amortization period.
(g) “BU(prior)” means the billing units established during the prior amortization period.
(h) “RB” means the rate base established in the last general rate case or other proceeding if stipulated by the parties and accepted by the Commission.
(Added to NAC by Pub. Service Comm’n, eff. 3-3-92)
NAC 704.218 Calculation of revenues and expenses related to allowable variable interest expense or dividends. (NRS 703.025, 704.210, 704.324)
1. A utility which plans to seek recovery of variable interest expense or dividends shall calculate revenues and expenses related to allowable variable interest expense or dividends as follows:
(a) The currently recoverable variable interest expense or dividends must be calculated each month by multiplying the last authorized rate base by one-twelfth of the last authorized weighted average variable interest or dividend rate.
(b) The difference between the currently recoverable expense and the current month’s weighted average variable rate multiplied by the last authorized rate base must be transferred to a subaccount of FERC Account No. 186 (Other Deferred Debits). The current month’s weighted average variable rate is the current rate for all outstanding variable rate securities issued by the utility and included in the Nevada jurisdictional capital structure, as approved in the last general rate case or other proceeding if stipulated by the parties and accepted by the Commission.
(c) Whenever a new weighted average variable interest or dividend rate is authorized, revenues must be increased or decreased annually to match changes in allowable interest expense or dividends by adjusting the base tariff general rate based on the following formula:
BTGR(new) = BTGR(prior) ± 1BTGR
2. As used in this section:
(a) “1BTGR” means the net change in the base tariff general rate resulting from changes in the weighted average variable interest or dividend rate, calculated pursuant to subsection 3 of NAC 704.217.
(b) “BTGR(new)” means the base tariff general rate established in the last general rate case or other proceeding if stipulated by the parties and accepted by the Commission.
(c) “BTGR(prior)” means the base tariff general rate established in the prior general rate case or other proceeding if stipulated by the parties and accepted by the Commission.
(Added to NAC by Pub. Service Comm’n, eff. 3-3-92)
NAC 704.219 Calculation of revenues and expenses related to accumulation of deferred variable interest or dividends. (NRS 703.025, 704.210, 704.324)
1. A utility which plans to seek recovery of variable interest expense or dividends shall calculate revenues and expenses related to the accumulation of deferred variable interest or dividends as follows:
(a) Amortization revenues must be credited or debited to FERC Account No. 186 based on the following formula:
2BTGR X BU(new)
(b) Monthly expense must be transferred from the subaccount of FERC Account No. 186 to a subaccount of interest expense. Monthly expense is the net change in the base tariff general rate, calculated pursuant to subsection 3 of NAC 704.217, and multiplied by the billing unit sales for the month.
(c) Whenever a new accumulation of deferred interest is authorized, revenues must be increased or decreased annually to match changes in accumulation of deferred variable interest by adjusting the base tariff general rate based on the following formula:
BTGR(new) = BTGR(prior) ± 2BTGR
2. As used in this section:
(a) “2BTGR” means the net change in the base tariff general rate resulting from changes in the accumulation of deferred interest, calculated pursuant to subsection 4 of NAC 704.217.
(b) “BTGR(new)” means the base tariff general rate established in the last general rate case or other proceeding if stipulated by the parties and accepted by the Commission.
(c) “BTGR(prior)” means the base tariff general rate established in the prior general rate case or other proceeding if stipulated by the parties and accepted by the Commission.
(d) “BU(new)” means the billing units established during the current amortization period.
(Added to NAC by Pub. Service Comm’n, eff. 3-3-92)
NAC 704.220 Computation of carrying charge. (NRS 703.025, 704.210, 704.324) A utility which plans to seek recovery of variable interest expense or dividends shall compute a carrying charge on the debit or credit balance in the subaccount of FERC Account No. 186 at the end of each month as follows:
1. The carrying charge must be debited or credited to the subaccount of FERC Account No. 186 at the rate of one-twelfth of the overall rate of the return which was last authorized by the Commission for the particular department or division of the utility. The rate of carrying charge must be applied to the entire balance in the subaccount.
2. The contra entries for the carrying charge must be made to an appropriate subaccount of FERC Account No. 419 (Interest and Dividend Income) or FERC Account No. 431 (Other Interest Expense).
3. All carrying charges must be recorded in a separate subaccount entitled Carrying Charge for Recovery of Variable Interest Expense or Dividends.
(Added to NAC by Pub. Service Comm’n, eff. 3-3-92)
NAC 704.221 Limit on recovery of debit balance in subaccount for deferred variable interest expense. (NRS 703.025, 704.210, 704.324) The recovery of a debit balance in the subaccount for the deferred variable interest expense must be limited to the most recently authorized Nevada jurisdictional rate of return adjusted for the changes in the weighted average variable interest or dividend rate for the specific operation of the utility. If the Nevada jurisdictional rate of return submitted for a utility’s operating department exceeds the most recently adjusted authorized rate of return for the utility, an amount equal to the amount which exceeds the utility’s last authorized rate of return or the balance in the subaccount of FERC Account No. 186, whichever is less, must be written off to the appropriate interest expense account.
(Added to NAC by Pub. Service Comm’n, eff. 3-3-92)
NAC 704.222 Effective date of change in rate. (NRS 703.025, 704.210, 704.324) The changes in rates authorized by NAC 704.218 and 704.219 are effective at the same time as a change in the rates resulting from a general rate case, a purchased gas adjustment, or a deferred energy accounting adjustment, unless the Commission authorizes a different effective date.
(Added to NAC by Pub. Service Comm’n, eff. 3-3-92)
ANNUAL REPORTS
NAC 704.225 Submission; contents. (NRS 703.025, 703.191, 704.210)
1. Except as otherwise provided in this subsection, each entity described in subsection 1 of NRS 703.191 shall submit to the Commission an annual report on or before May 15 of the year following the year for which the annual report is filed. A telecommunication provider is not required to submit an annual report pursuant to this section and shall submit an annual report pursuant to NAC 704.7483. A provider of last resort of basic service which is authorized by the Commission to be regulated pursuant to a plan of alternative regulation is not required to submit an annual report pursuant to this section and shall submit an annual report pursuant to NAC 704.6849.
2. An entity submitting an annual report pursuant to subsection 1 shall include in the annual report:
(a) A statement of income;
(b) A balance sheet;
(c) A statement of intrastate revenue;
(d) The number of customers served by the entity; and
(e) Any additional information requested by the Commission pursuant to subsection 3.
3. The Commission may request that an entity submitting an annual report pursuant to subsection 1 include in the annual report any additional information that the Commission deems necessary for inclusion in the annual report.
(Added to NAC by Pub. Utilities Comm’n by R062-07, eff. 10-31-2007)
ACCIDENT REPORTS
NAC 704.230 Definitions. (NRS 703.025, 704.190, 704.210) As used in NAC 704.230 to 704.265, inclusive, unless the context otherwise requires:
1. “Accident” means any occurrence or condition directly or indirectly arising from or connected with the maintenance or operation of the premises, plant, instrumentality, or facilities of any public utility which has resulted in:
(a) The loss of human life;
(b) Injury to a person requiring hospitalization; or
(c) Estimated property damage to utility facilities or to the property of others, or both, in the amount of $5,000 or more.
2. “Utility” or “public utility” means those entities described in NRS 704.020.
[Pub. Service Comm’n, Gen. Order 19 Rules 102 & 103, eff. 6-9-77]
NAC 704.235 Exemptions. (NRS 703.025, 704.190, 704.210) The provisions of NAC 704.230 to 704.265, inclusive, do not apply to any common carrier engaged in the transportation of passengers or property by rail, except that:
1. The railroads shall provide the Commission with immediate telephonic notice of an accident involving the loss of human life; and
2. The railroads shall furnish to the Commission copies of accident or incident reports filed with the Federal Railroad Administration pursuant to regulations issued under the Federal Railroad Safety Act of 1970 and the Accidents Reports Act.
[Pub. Service Comm’n, Gen. Order 19 Rule 104, eff. 6-9-77]
NAC 704.240 Reports of accidents. (NRS 703.025, 704.190, 704.210)
1. At the earliest practicable moment following the discovery of an accident, allowing time to carry out proper emergency procedures to prevent further injury to persons or property, a public utility shall give notice to the Commission in accordance with the provisions of subsection 2.
2. Upon discovering that an accident has occurred, and if such discovery occurs during the hours of 8:00 a.m. to 5:00 p.m. on a weekday other than a Saturday, Sunday, or holiday, an authorized representative of the utility shall report the accident by telephone to the Secretary of the Commission. If the discovery of the accident occurs at any other time, the utility shall report the accident to the office of the Secretary of the Commission on the next working weekday between 8:00 a.m. and 5:00 p.m.
[Pub. Service Comm’n, Gen. Order 19 Rules 106 & 107, eff. 6-9-77]
NAC 704.245 Contents of report. (NRS 703.025, 704.190, 704.210) The telephonic report to the Commission required by subsection 2 of NAC 704.240 must include the following information to the extent that the information is available to the representative of the utility making the report:
1. The name and principal business address of the utility.
2. The name and position of the person making the telephone call.
3. The date and time of the accident, or of its discovery by the utility, whichever is appropriate.
4. The location of the accident.
5. A brief description of the accident and steps being taken or contemplated by the utility to prevent further property damage or personal injury from occurring.
6. The number of fatalities or injuries, if any, resulting from the accident and the names of the persons involved, if known.
7. An estimate of the extent of property damage which has occurred, or which may be anticipated, as a result of the accident.
8. Any additional information deemed necessary to apprise the Commission properly of the details of the accident.
9. The names and telephone numbers of the personnel of the utility who may be contacted if further information regarding the accident is required.
[Pub. Service Comm’n, Gen. Order 19 Rule 108, eff. 6-9-77]
NAC 704.250 Written report of accident. (NRS 703.025, 704.190, 704.210)
1. Except as provided in subsection 2 of NAC 704.240, all utilities shall submit a written report of each accident to the Commission within 20 days of the telephonic report required in NAC 704.245, in accordance with the instructions on the form entitled “Public Utility Accident Report.”*
2. If any of the information required is not readily available to the utility at the time the initial written report is submitted to the Commission, the utility shall briefly explain its reasons and shall submit the additional information to the Commission as soon as it becomes available to the utility.
3. If the information required has not been submitted to the Commission within 6 months of the date of the initial telephonic report, the utility shall submit a status report in writing to the Commission setting forth the actions taken or contemplated by the utility to obtain the information and the estimated date of submission of the information. Status reports must be submitted by the utility at 6-month intervals until all of the information has been submitted to the Commission.
*See adopting agency for form.
[Pub. Service Comm’n, Gen. Order 19 Rule 109, eff. 6-9-77]
NAC 704.255 Additional information. (NRS 703.025, 704.190, 704.210) In addition to the specific information required by NAC 704.230 to 704.265, inclusive, a utility shall furnish any other information requested by the Commission in its investigation of accidents.
[Pub. Service Comm’n, Gen. Order 19 Rule 110, eff. 6-9-77]
NAC 704.260 Restoration of service; preservation of scene of accident. (NRS 703.025, 704.190, 704.210)
1. In any accident involving facilities used for the production, delivery, or furnishing of natural gas, the utility shall seek to restore safe, adequate, and reliable service to its customers. The preservation and protection of life and property are paramount.
2. The utility shall take reasonable steps to preserve intact and in place all utility facilities involved in the accident until an investigation of the scene of the accident has been concluded by personnel of the Commission, and written clearance has been granted by the Commission for the further removal, repair, replacement, or restoration of damaged utility facilities.
[Pub. Service Comm’n, Gen. Order 19 Rule 112, eff. 6-9-77]
NAC 704.265 Penalties. (NRS 703.025, 704.190, 704.210) If any utility violates any provision of NAC 704.230 to 704.265, inclusive, or fails or refuses to perform any duty enjoined upon the utility by those provisions, the public utility shall be subject to the penalty prescribed in NRS 703.380 for every violation or failure or refusal to act.
[Pub. Service Comm’n, Gen. Order 19 Rule 113, eff. 6-9-77]
REPORTS OF MATERIAL TRANSACTIONS WITH SUBSIDIARIES AND AFFILIATES
NAC 704.270 Definitions. (NRS 703.025, 704.210) As used in NAC 704.270 to 704.273, inclusive, unless the context otherwise requires, the words and terms defined in NAC 704.2702 to 704.2716, inclusive, have the meanings ascribed to them in those sections.
(Added to NAC by Pub. Service Comm’n, eff. 6-24-96)
NAC 704.2702 “Affiliate” defined. (NRS 703.025, 704.210) “Affiliate” means a person who directly, or indirectly through one or more intermediaries, controls or is controlled by or is under common control with a public utility.
(Added to NAC by Pub. Service Comm’n, eff. 6-24-96)
NAC 704.2704 “Control” defined. (NRS 703.025, 704.210) “Control” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through ownership, by contract, or otherwise.
(Added to NAC by Pub. Service Comm’n, eff. 6-24-96)
NAC 704.2706 “Financial trust” defined. (NRS 703.025, 704.210) “Financial trust” means an affiliate or subsidiary which is created by a public utility for the sole purpose of financing securities.
(Added to NAC by Pub. Service Comm’n, eff. 6-24-96)
NAC 704.2708 “Material transaction” defined. (NRS 703.025, 704.210) “Material transaction” means:
1. Any contract, business arrangement, joint venture, or partnership which:
(a) Is between a public utility and one of its affiliates, subsidiaries, or parents for the acquisition of any goods or services; and
(b) Involves goods or services, or a series of transactions for goods or services, valued at $1,000,000 or more.
2. Any transaction or combination of transactions with a subsidiary or affiliate valued at 3 percent or more of the annual revenues of the public utility which affects the indebtedness, obligations, capital structure, service, personnel, or value of the common stock of the public utility.
3. Recurring payments made pursuant to a general or continuing agreement between a public utility and an affiliate or a subsidiary valued in the aggregate at 3 percent or more of the annual revenues of the public utility.
(Added to NAC by Pub. Service Comm’n, eff. 6-24-96)
NAC 704.271 “Person” defined. (NRS 703.025, 704.210) “Person” means a natural person, trust, estate, partnership, joint venture, or corporation.
(Added to NAC by Pub. Service Comm’n, eff. 6-24-96)
NAC 704.2714 “Public utility” defined. (NRS 703.025, 704.210) “Public utility” has the meaning ascribed to it in NRS 704.020.
(Added to NAC by Pub. Service Comm’n, eff. 6-24-96)
NAC 704.2716 “Subsidiary” defined. (NRS 703.025, 704.210) “Subsidiary” means a person who is controlled by a public utility directly or indirectly through one or more intermediaries.
(Added to NAC by Pub. Service Comm’n, eff. 6-24-96)
NAC 704.272 Applicability; exemptions from certain requirements. (NRS 703.025, 704.210)
1. Except as otherwise provided in this section, the provisions of NAC 704.270 to 704.273, inclusive, apply to all public utilities.
2. The provisions of NAC 704.270 to 704.273, inclusive, do not apply to a competitive supplier.
3. Unless otherwise ordered by the Commission, transactions which relate solely to telecommunication services deemed competitive or nonregulated pursuant to the provisions of NAC 704.6806 to 704.68076, inclusive, are not required to be included in the report required by NAC 704.2725.
4. A public utility whose rates are:
(a) Subject to the jurisdiction of the Commission as set forth in NRS 704.095 and 704.097; or
(b) Subject to the jurisdiction of the Commission and whose annual jurisdictional revenues are less than $2,000,000,
Ê is required to comply with the provisions of NAC 704.2725 and 704.273 only when it files an application for a change in general rates.
5. Unless otherwise ordered by the Commission, transactions which relate solely to services which have been approved as part of a public utility’s tariff are not required to be included in the report required by NAC 704.2725.
6. Transactions between a public utility and an affiliated financial trust are not required to be included in the report required by NAC 704.2725 if the transactions and issuances involving the utility and trust are subject to the jurisdiction of, and have been specifically approved by, another state or federal regulatory agency. If such transactions and issuances are not included in the report required by NAC 704.2725, the report must include, for informational purposes, the information filed with the other regulatory agency for approval of the transactions and issuances.
(Added to NAC by Pub. Service Comm’n, eff. 6-24-96; A by Pub. Utilities Comm’n by R211-03, 4-5-2004; R136-07, 1-30-2008)
NAC 704.2725 Report of public utility which transacts business with subsidiary or affiliate; contents. (NRS 703.025, 704.210) At the time of filing the annual report required by NRS 703.191, a public utility which transacts business with a subsidiary or affiliate must file a report of its material transactions with each such subsidiary or affiliate. The report must contain:
1. The name of each affiliate or subsidiary.
2. The nature of each transaction conducted between the public utility and each of its affiliates or subsidiaries during the period covered by the annual report submitted to the Commission pursuant to NRS 703.191. A public utility which is subject to the requirements of subsection 4 of NAC 704.272 shall use a reporting period from the end of the test period in its last application to change general rates through the current test period.
3. A current financial statement prepared for outside users for each affiliate and subsidiary.
4. An explanation of the effect of current activities and planned activities which have been approved by the board of directors of an affiliate or subsidiary on the public utility’s capital structure, including, but not limited to, organizational changes such as the creation of a holding company.
5. The basis upon which the public utility allocates costs of physical plant, revenue, and expenses to each affiliate or subsidiary, and the monetary amount involved, including, but not limited to:
(a) An explanation of the derivation of the factors utilized to make such allocations;
(b) Reasons supporting the derivation of the factors utilized to make such allocations;
(c) An explanation of the methodology used in accounting for the allocation of joint, common, direct, and indirect costs between the public utility and each of its affiliates or subsidiaries; and
(d) Reasons supporting the methodology used in accounting for the allocation of such costs.
6. A categorization of the material transactions that occurred during the reporting period between a public utility and each affiliate or subsidiary. The total dollars transferred must equal the total dollars of all categories reported.
7. The basis upon which the cost of any goods or services purchased by the public utility from an affiliate, subsidiary, or parent was determined, including a demonstration that the cost of such goods or services was reasonable in comparison with prices generally available on the open market or the fair market value of such goods or services.
8. Copies of reports or documents which substantially satisfy the requirements of NAC 704.270 to 704.273, inclusive, and which are filed by the public utility with agencies of a state or Federal Government for the reporting period of the annual report, with a statement indicating the location of and extent to which the filed reports contain the information that satisfies the requirements of NAC 704.270 to 704.273, inclusive.
(Added to NAC by Pub. Service Comm’n, eff. 6-24-96)
NAC 704.273 Access of Commission to certain information; maintenance of confidentiality. (NRS 703.025, 704.210) The Commission must be provided access to the documents, data, and records of affiliates or subsidiaries of a public utility for the purpose of verifying the information supplied pursuant to the provisions of NAC 704.270 to 704.2725, inclusive. Pursuant to NRS 703.196, the Commission will maintain the confidentiality of the documents, data, and records upon request.
(Added to NAC by Pub. Service Comm’n, eff. 6-24-96)
DISCLOSURES TO CUSTOMERS BY CERTAIN ELECTRIC UTILITIES
NAC 704.2761 Definitions. (NRS 703.025, 704.210, 704.763) As used in NAC 704.2761 to 704.2787, inclusive, unless the context otherwise requires, the words and terms defined in NAC 704.2763 to 704.2777, inclusive, have the meanings ascribed to them in those sections.
(Added to NAC by Pub. Utilities Comm’n by R145-01, eff. 1-22-2002)
NAC 704.2763 “Biofuel” defined. (NRS 703.025, 704.210, 704.763) “Biofuel” means any alcohol, ether, ester or other chemical compound made from herbaceous plants, woody plants or organic waste.
(Added to NAC by Pub. Utilities Comm’n by R145-01, eff. 1-22-2002)
NAC 704.2765 “Biomass” defined. (NRS 703.025, 704.210, 704.763) “Biomass” has the meaning ascribed to it in NRS 704.007.
(Added to NAC by Pub. Utilities Comm’n by R145-01, eff. 1-22-2002)
NAC 704.2767 “Electric utility” defined. (NRS 703.025, 704.210, 704.763) “Electric utility” has the meaning ascribed to it in NRS 704.187.
(Added to NAC by Pub. Utilities Comm’n by R145-01, eff. 1-22-2002)
NAC 704.2769 “Excluded sale” defined. (NRS 703.025, 704.210, 704.763) “Excluded sale” means electricity that an electric utility sells to any person or entity other than its retail customers in this State.
(Added to NAC by Pub. Utilities Comm’n by R145-01, eff. 1-22-2002)
NAC 704.2771 “Generation asset” defined. (NRS 703.025, 704.210, 704.763) “Generation asset” means any plant, facility, equipment or system which is located within or outside this State and which converts nonelectrical energy into electrical energy or otherwise produces electrical energy.
(Added to NAC by Pub. Utilities Comm’n by R145-01, eff. 1-22-2002)
NAC 704.2773 “Heavy metal” defined. (NRS 703.025, 704.210, 704.763) “Heavy metal” means any heavy metal which is released in quantities that must be reported to the United States Environmental Protection Agency pursuant to 42 U.S.C. § 11023 and 40 C.F.R. Part 372.
(Added to NAC by Pub. Utilities Comm’n by R145-01, eff. 1-22-2002)
NAC 704.2775 “Native generation” defined. (NRS 703.025, 704.210, 704.763)
1. “Native generation” means electricity which is generated from a generation asset that is owned by or under contract to an electric utility.
2. The term does not include purchased power.
(Added to NAC by Pub. Utilities Comm’n by R145-01, eff. 1-22-2002)
NAC 704.2777 “Purchased power” defined. (NRS 703.025, 704.210, 704.763) “Purchased power” means electricity that an electric utility purchases from another person or entity pursuant to a purchase agreement.
(Added to NAC by Pub. Utilities Comm’n by R145-01, eff. 1-22-2002)
NAC 704.2783 Distribution and formatting of disclosure statements. (NRS 703.025, 704.210, 704.763)
1. On a semiannual basis before the close of the billing cycles for January and July of each calendar year, each electric utility shall provide to its retail customers a disclosure statement that discloses the information required by NAC 704.2785 and 704.2787.
2. Each electric utility shall:
(a) Include the disclosure statement as an insert to the bills that the electric utility sends to its retail customers; and
(b) If the electric utility maintains a website on the Internet or any successor to the Internet, post the disclosure statement on that website.
3. The information disclosed in the disclosure statement must be presented in a type size that is not smaller than 10-point type.
(Added to NAC by Pub. Utilities Comm’n by R145-01, eff. 1-22-2002)
NAC 704.2785 Contents of disclosure statement: Information relating to certain sales, energy sources and emissions. (NRS 703.025, 704.210, 704.763)
1. The disclosure statement must disclose:
(a) The total number of megawatt-hours sold by the electric utility to retail customers in this State, which must be calculated by taking the sum of native generation and purchased power and reducing that sum by excluded sales; and
(b) For each energy source, the number of megawatt-hours generated from the energy source and the percentage that those megawatt-hours constitute of the total number of megawatt-hours sold by the electric utility to retail customers in this State. The energy sources must be identified in the disclosure statement as follows:
(1) Coal.
(2) Natural gas.
(3) Oil.
(4) Hydroelectric.
(5) Geothermal.
(6) Solar.
(7) Nuclear.
(8) Wind.
(9) Biofuel.
(10) Biomass.
(11) Other. The number of megawatt-hours generated from other energy sources must be calculated and disclosed in an aggregate amount. Each energy source contributing to the aggregate amount must be specified in the disclosure statement.
2. For the purposes of subsection 1, the electric utility shall consider:
(a) Its native generation to be consumed by its retail customers in this State, unless the electric utility identifies specific amounts of its native generation as part of its excluded sales;
(b) Its excluded sales to be generated by an average mix of the energy sources used for its native generation; and
(c) Its purchased power to be generated by an average mix of the energy sources used to generate electricity in the region consisting of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington and Wyoming, unless the electric utility identifies specific amounts of its purchased power that are generated from specific energy sources.
3. The disclosure statement must disclose the average emissions of each of the following substances, as measured in pounds per megawatt-hour sold by the electric utility to retail customers in this State:
(a) High-level radioactive waste.
(b) Sulfur dioxide.
(c) Carbon dioxide.
(d) Carbon monoxide.
(e) Particulate matter.
(f) Volatile organic compounds.
(g) Oxides of nitrogen.
(h) Heavy metals.
(i) Any other substances which the Commission, in cooperation with the Division of Environmental Protection of the State Department of Conservation and Natural Resources, determines may cause a significant health or environmental impact and for which sufficiently accurate and reliable data is available.
4. For the purposes of subsection 3, the electric utility shall consider:
(a) Its native generation to be consumed by its retail customers in this State, unless the electric utility identifies specific amounts of its native generation as part of its excluded sales;
(b) The emissions attributable to its excluded sales to be an average mix of the emissions attributable to its native generation; and
(c) The emissions attributable to its purchased power to be an average mix of the emissions attributable to generation of electricity in the region consisting of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington and Wyoming, unless the electric utility identifies specific emissions attributable to specific amounts of its purchased power.
5. The information disclosed in the disclosure statement pursuant to this section must be based upon data taken from a 12-month period that ends not more than 6 months before the date on which the electric utility first releases the disclosure statement to its retail customers.
(Added to NAC by Pub. Utilities Comm’n by R145-01, eff. 1-22-2002)
NAC 704.2787 Contents of disclosure statement: Information relating to certain products, services and programs. (NRS 703.025, 704.210, 704.763)
1. The disclosure statement must, without limitation:
(a) Provide a summary of any programs and information relating to energy conservation that is offered by the electric utility;
(b) Describe the procedures for enrolling in the equal payment plan or for making alternative payment arrangements with the electric utility;
(c) Describe any energy programs that provide assistance to retail customers with low incomes and explain how to apply for assistance from such programs; and
(d) Identify any other energy programs which may provide assistance to retail customers and which are operated by the electric utility or by other sources known to the electric utility, including, without limitation, federal, state and local governments.
2. The disclosure statement may include any other information about electric services, and any products and services relating thereto, that are being provided to or purchased for retail customers by the electric utility.
(Added to NAC by Pub. Utilities Comm’n by R145-01, eff. 1-22-2002)
ADVERTISING BY CERTAIN ELECTRIC AND GAS UTILITIES
NAC 704.280 Definitions. (NRS 703.025, 704.210) As used in NAC 704.280 to 704.295, inclusive, unless the context otherwise requires:
1. “Advertising” means the commercial use of any medium, including the newspaper, radio or television, or printed matter, by a utility to transmit a message to its customers or to a substantial number of members of the public.
2. “Political advertising” means any advertising whose purpose is to influence public opinion with respect to any legislative, administrative, or electoral matter or any controversial issue of public importance.
3. “Promotional advertising” means any advertising whose purpose is to encourage persons to select, use, or add the service of a utility or to select or install any appliance or equipment designed to use the utility’s service.
[Pub. Service Comm’n, Gen. Order 28 § 2.0, eff. 8-21-81]
NAC 704.285 Applicability. (NRS 703.025, 704.210) The provisions of NAC 704.280 to 704.295, inclusive, apply to all utilities which provide electric or gas service.
[Pub. Service Comm’n, Gen. Order 28 § 1.2, eff. 8-21-81]
NAC 704.290 Promotional or political advertising. (NRS 703.025, 704.210) No utility which provides electric or gas service may recover from any person other than its shareholders or other owners any of its expenditures, whether direct or indirect, for promotional or political advertising.
[Pub. Service Comm’n, Gen. Order 28 § 3.1, eff. 8-21-81]
NAC 704.295 Exemptions. (NRS 703.025, 704.210) The provisions of NAC 704.280 to 704.295, inclusive, do not apply to:
1. Advertising which informs customers how they can conserve energy or reduce peak demand for energy.
2. Advertising required by law, including, without limitation, advertising required by NRS 704.763 and NAC 704.2761 to 704.2787, inclusive.
3. Advertising regarding interruptions in service, safety measures or emergency conditions.
4. Advertising concerning opportunities for employment with a utility.
5. Any explanation of or justification for existing or proposed rate schedules, or notifications of hearings thereon.
[Pub. Service Comm’n, Gen. Order 28 § 3.2, eff. 8-21-81]—(NAC A by Pub. Utilities Comm’n by R145-01, 1-22-2002)
RIGHTS AND OBLIGATIONS OF CUSTOMERS OF CERTAIN ELECTRIC AND GAS UTILITIES
NAC 704.302 Definitions. (NRS 703.025, 704.210) As used in NAC 704.302 to 704.390, inclusive, unless the context otherwise requires, the words and terms defined in NAC 704.303 to 704.317, inclusive, have the meanings ascribed to them in those sections.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89; A by Pub. Utilities Comm’n by R198-01, 2-17-2005)
NAC 704.303 “Customer” defined. (NRS 703.025, 704.210) “Customer” means a person:
1. Who receives or applies to receive residential gas or electric service from a utility;
2. In whose name such service is or is to be provided, as evidenced by a signature on the application or contract for such service; or
3. In whose name such service is or is to be provided, as may be established by other demonstrable evidence that the person requested the utility to provide such service in that person’s name.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89; A by Pub. Utilities Comm’n by R198-01, 2-17-2005)
NAC 704.304 “Deposit” defined. (NRS 703.025, 704.210) “Deposit” means security provided by a customer to ensure payment for service provided by a utility.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.3055 “Division” defined. (NRS 703.025, 704.210) “Division” means the Division of Consumer Complaint Resolution of the Commission.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.3065 “Elderly” defined. (NRS 703.025, 704.210) “Elderly” means a person who is 62 years of age or older.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.307 “Especially dangerous to health” defined. (NRS 703.025, 704.210) “Especially dangerous to health” means a condition or event likely to cause serious impairment to the health of a person who appears to be unable, without assistance, to manage his own resources, carry out the activities of daily living, or protect himself from neglect or a hazardous situation.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.309 “Guarantor” defined. (NRS 703.025, 704.210) “Guarantor” means a person who assumes liability for the payment of the bill of a customer in an amount not to exceed the appropriate amount of the deposit for the account of the customer.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.3105 “Person with a disability” defined. (NRS 703.025, 704.210) “Person with a disability” means a person who:
1. Is affected by any physical or mental disability as described in NRS 615.110 or a substantial handicap to employment as defined in NRS 615.130; or
2. Receives disability benefits from the Social Security Administration.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.313 “Rule” defined. (NRS 703.025, 704.210) “Rule” means a provision, included in the tariff of a utility, which establishes the application of rates, charges, and standards for service and is not included in a rate schedule.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.314 “Satisfactory credit” defined. (NRS 703.025, 704.210) “Satisfactory credit” means the payment of bills for utility service for 12 consecutive months, without a termination of service and with not more than three payments during that period made after the date of issuance of the next monthly bill. Any history of payment that does not meet these requirements is unsatisfactory credit.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.315 “Termination of service” defined. (NRS 703.025, 704.210) “Termination of service” means the intentional cessation of service by a utility to a customer which has not been requested by the customer and which occurs pursuant to the tariff of the utility.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.316 “Timely payment” defined. (NRS 703.025, 704.210) Except as otherwise provided in NAC 704.339, “timely payment” means the payment of a bill for service by a customer before the date the bill is past due.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.317 “Utility” defined. (NRS 703.025, 704.210) “Utility” means a public utility, as defined in NRS 704.020, which furnishes gas or electricity.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.320 Records of utility. (NRS 703.025, 704.210)
1. Each utility shall prepare and maintain records for at least 3 years. The records must contain:
(a) For each of its customers:
(1) His payment performance;
(2) His usage of gas or electric energy for each billing period; and
(3) The amount of his bill for each billing period.
(b) The number and general description of written complaints filed with the utility.
(c) The number of terminations and reconnections of service.
(d) The number of deposits which have been collected and returned.
2. Upon the request of the Commission, a utility shall submit to the Commission, in writing, a summary of the information contained in these records relating to a particular customer or customers.
3. A utility may not provide any list of the names, addresses, or telephone numbers of its customers, or any related information about its customers, to any other person for commercial purposes.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.321 Terms of agreement with customer. (NRS 703.025, 704.210)
1. Except as otherwise provided in this section, a utility may not enter into any agreement with a customer under terms that are inconsistent with the provisions of NAC 704.302 to 704.390, inclusive.
2. Notwithstanding the provisions of NAC 704.302 to 704.390, inclusive, a utility may enter into an agreement with a customer under terms that are more favorable to the customer than those provided by NAC 704.302 to 704.390, inclusive, if the more favorable terms are consistent with the tariffs of the utility.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89; A by Pub. Utilities Comm’n by R198-01, 2-17-2005)
NAC 704.322 Form for complaint by customer. (NRS 703.025, 704.210) A utility shall make available a standard form to be used by its customers for the purpose of making written complaints to the utility. The form must be available at each office of the utility.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.323 Transmittal of information to customers. (NRS 703.025, 704.210)
1. A utility shall send to each of its customers a statement containing a clear and concise explanation of its existing rate schedules which are applicable to the customer. The statement must be sent to each customer:
(a) At the time the customer makes application for service; and
(b) In the next bill sent to the customer after any change applicable to that customer is made in a rate schedule, except for quarterly rate adjustments for which notice was provided pursuant to subsection 4 or 5 of NAC 704.118.
2. On each residential and small commercial customer’s bill, a utility shall include a formula which the customer may use for calculating the amount of the bill. If more than one rate is applicable to a customer during any billing period, the rate used in the formula must be a weighted average of those rates. For the purposes of this subsection, “weighted average” means an average of the applicable rates during a billing period, calculated according to the number of days each rate is in effect.
3. Each utility, at the request of a customer, shall send the customer a clear and concise statement of the customer’s actual consumption of gas or electric energy for each billing period during the prior year at the location where service is provided.
(Added to NAC by Pub. Service Comm’n, 7-31-85, eff. 8-1-85; A 1-5-89; A by Pub. Utilities Comm’n by R071-07, 10-31-2007)
NAC 704.326 Application for service; provision of range of historical energy use at location of service. (NRS 703.025, 704.210)
1. Except as otherwise provided in subsection 2, a customer may make an application for service by mail.
2. A customer who is applying for service from a utility for the first time, or who has not received service from the utility during the preceding 2 years, may be required by the utility to apply for service in person unless this will cause undue hardship.
3. Upon the request of a customer who has applied for service from a utility, the utility shall provide the customer, or any other person or entity designated by the customer in writing, with a range of historical energy use at the location where service is to be provided to the customer. In providing the information to the customer or the customer’s designee, the utility shall take appropriate measures to protect confidential customer information regarding all prior customers at that location.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89; A by Pub. Utilities Comm’n by R198-01, 2-17-2005)
NAC 704.327 Establishment of credit. (NRS 703.025, 704.210)
1. A utility may require a customer to establish credit before it furnishes service.
2. A customer may establish credit if he:
(a) Submits payment of a cash deposit to ensure the payment of a bill issued to him for service;
(b) Has been a customer of the utility within the preceding 2 years and has established satisfactory credit;
(c) Has been a customer of another municipal or regulated energy utility within the preceding 2 years and has made timely payment of each bill issued to him during the 12 months immediately preceding his request for service; or
(d) Has otherwise established credit that is acceptable to the utility.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.328 Deposit: Generally. (NRS 703.025, 704.210)
1. Except as otherwise provided in subsections 2 and 3, a deposit for each service provided by a utility must not exceed an amount equal to 150 percent of the estimated average monthly bill of the customer for each such service. Deposits for multiple types of utility service from the same utility must be calculated separately.
2. If an elderly customer establishes credit by making a deposit, the deposit must not exceed 50 percent of the deposit established pursuant to subsection 1.
3. If service to a customer has been terminated, the deposit required by the utility for resumption of service must not exceed an amount equal to 150 percent of the estimated average monthly bill of the customer for service to be resumed.
4. A utility may require:
(a) An elderly customer who has had a termination of service or made four or more payments after the issuance of the next monthly bill within a 12-month period to provide the remaining 50 percent of the deposit.
(b) A customer, who has not been required to provide a deposit, to provide a deposit once the customer’s credit has become unsatisfactory.
5. By posting a deposit, the customer agrees that the deposit is a pledge to make future payments to the utility and not payment for future services that are furnished by the utility.
6. A utility may apply a deposit to any amounts outstanding at the time service is terminated or discontinued at the request of the customer.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89; A by Pub. Utilities Comm’n by R198-01, 2-17-2005)
NAC 704.329 Deposit: Alternatives. (NRS 703.025, 704.210)
1. A utility may not require a customer to provide a deposit if the customer:
(a) Has established satisfactory credit with the utility or any other municipal or regulated energy utility;
(b) Uses a guarantor with satisfactory credit; or
(c) Receives benefits from a retirement plan or the Social Security Administration, unless the customer has had a termination of service or has made four or more payments after the issuance of the next monthly bill within a 12-month period.
2. A utility:
(a) Shall provide, at the request of a customer, a form to request his credit history from another utility or to verify his employment.
(b) May not require a customer to use a guarantor to begin service.
3. A utility may, in determining whether a customer will be required to provide a deposit, consider:
(a) Whether the customer has been continuously employed with his employer for at least 1 year;
(b) The payment history if the previous service was not in the name of the customer, if the customer is newly divorced or separated and is seeking service in his own name; and
(c) Any other factors set forth in the tariff of the utility.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.330 Deposit: Additional amount. (NRS 703.025, 704.210)
1. A utility may require a customer who is subject to the termination of service and who requests the resumption or continuation of service to provide a deposit in addition to any other deposit made by the customer pursuant to NAC 704.328 only if the initial deposit has been returned to the customer or more than one-half of the deposit has been applied to the account of the customer. In no event may the amount of a deposit held by a utility exceed the amounts specified in NAC 704.328.
2. If a utility requires a customer to provide a deposit pursuant to subsection 1, the deposit may be combined with any arrearage, and the customer may pay the deposit and the arrearage pursuant to an agreement for deferred payment in accordance with NAC 704.341.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89; A by Pub. Utilities Comm’n by R198-01, 2-17-2005)
NAC 704.331 Deposit: Notification of requirement. (NRS 703.025, 704.210) A utility shall notify the customer after the third late payment that a deposit will be required after the fourth late payment if the utility wishes to require a deposit pursuant to:
1. Paragraph (a) of subsection 4 of NAC 704.328;
2. Paragraph (c) of subsection 1 of NAC 704.329.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.332 Deposit: Payment in installments. (NRS 703.025, 704.210)
1. A customer who is required to pay a deposit must be permitted to enter into a written agreement with the utility for payment of the deposit in installments.
2. Except as otherwise provided in NAC 704.341, if such an agreement is entered into:
(a) The customer may be required to pay:
(1) An amount equal to at least one-third of the deposit, if it is more than $50, before service is provided;
(2) The remainder of the deposit, in not more than two equal installments, not later than 30 and 60 days, respectively, after the date of the agreement; and
(3) Interest, at a rate set forth in the tariff of the utility, on the unpaid portion of the deposit.
(b) The service of the customer may be terminated without notice for any failure to pay the deposit as agreed and, in such a case, the customer may be required to pay the full amount of the deposit, plus any other money owed the utility, before service is restored.
(c) The agreement must:
(1) Specify the date on which each installment is due; and
(2) Contain a statement of the provisions of this section. The right of the utility to terminate the service of the customer for any failure to pay the deposit must be stated in boldface type.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.333 Deposit: Return. (NRS 703.025, 704.210) A utility shall return any deposit paid by a customer if he has made timely payments for 12 consecutive months.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.334 Guarantors. (NRS 703.025, 704.210)
1. A guarantor must be a customer of the utility providing service to the customer for whom the guarantor is acting.
2. The liability of a guarantor is limited to the amount of the deposit that the customer otherwise would have been required to pay and ceases after the date the deposit otherwise would have been required to be returned.
3. A guarantor who is required to make any payment for a customer may pay the amount owed within a period of not more than 3 months. If payment is not made within that period, the utility may terminate service to the guarantor without notice.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.336 Basis and contents of bill for service. (NRS 703.025, 704.210)
1. Except as otherwise provided in NAC 704.337, each bill for service issued by a utility must be based upon a reading of the meter of the customer or the applicable flat rate.
2. Each bill for service must include:
(a) Any previous balance;
(b) The amount due for service provided during the current billing period, with the date upon which this amount is past due;
(c) Any approved charge for late payment of a bill, with the date upon which that charge begins to accrue;
(d) The customer charge;
(e) The fuel adjustment cost and gas adjustment cost;
(f) Any other authorized fee, charge, or tax;
(g) Any unregulated charge;
(h) The total of the preceding amounts;
(i) The meter readings for the first and last day of the billing period;
(j) The quantity of gas or electric energy consumed;
(k) The date the meter was read;
(l) The next date the meter will be read;
(m) The summary of the provisions of NAC 704.346 required by subsection 4 of that section; and
(n) The telephone number and address of the office of the utility where a customer may obtain information concerning his bill or the service provided.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.337 Billing based upon estimated usage. (NRS 703.025, 704.210)
1. Except as otherwise provided in subsection 4, if a utility is unable, because of circumstances beyond its control, to read the meter of a customer on the date scheduled, it may bill the customer based upon the customer’s estimated usage for the billing period.
2. For the purposes of this section, circumstances beyond the control of a utility include:
(a) Severe weather;
(b) The presence of an animal on the premises of the customer which prevents an employee of the utility from reading the meter without risk of injury; or
(c) Any other circumstance which makes it unreasonably difficult to read the meter.
3. A utility shall consider the following factors in calculating a bill based upon estimated usage:
(a) The usage of the customer during the same month of the preceding year;
(b) Any change in temperature from the preceding month;
(c) The usage during the preceding month; and
(d) Seasonal load factors.
4. A utility which issues three consecutive bills to a customer based upon estimated usage, or five such bills for a customer in the area surrounding Lake Tahoe, shall notify the customer of its right of access to the premises of the customer. Thereafter, any additional and consecutive bill based upon estimated usage may be issued only under extraordinary circumstances.
5. A utility shall:
(a) Adjust the estimated usage upon the first reading of a meter after an estimated reading;
(b) Print the word “estimate” plainly on each bill which is based upon estimated usage; and
(c) Notify customers of its right to issue bills based upon estimated usage.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89; A by Pub. Utilities Comm’n by R198-01, 2-17-2005)
NAC 704.338 Program for equalized billing for service. (NRS 703.025, 704.210)
1. Except as otherwise provided in this section, a utility shall offer a program of equalized billing to any customer whose utility service is connected at the time the request is made.
2. If a customer requests to enter into the program of equalized billing and the customer has an arrearage when the request is made, the customer may not enter into the program unless the customer:
(a) Pays at least 50 percent of the arrearage upon entering into the program; and
(b) Agrees to pay, in amounts that are apportioned over the first year of participation in the program, the remaining arrearage.
3. If a customer enters into the program of equalized billing, the equalized billing must be calculated by dividing the total amount of estimated bills for 1 year by the number of monthly payments for that year. The utility shall, at least once each year, adjust the monthly payments to conform to the actual bills.
4. A utility may not adjust the amount of an equalized bill because of a change in rates before the rates become effective.
5. If a customer fails to make two or more consecutive timely payments while participating in the program of equalized billing, the utility may, in addition to any other rights and remedies available to the utility, remove the customer from the program. If the utility removes the customer from the program, the customer may not enter into the program again without the approval of the utility.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89; A by Pub. Utilities Comm’n by R198-01, 2-17-2005)
NAC 704.339 Billing and payment for service. (NRS 703.025, 704.210)
1. A utility shall deliver a bill to a customer:
(a) By depositing the bill with the United States Postal Service, properly addressed and postage prepaid, for delivery by first-class mail to the billing address of the customer;
(b) By another means of delivery of the bill to the billing address of the customer; or
(c) If requested by the customer and within the capability of the utility, by sending an electronic bill via the Internet to the electronic address of the customer. The electronic bill must contain the same content and be presented in the same or a similar format as a bill delivered to the customer pursuant to paragraph (a).
2. A bill for service issued by a utility is due:
(a) Upon deposit of the bill with the United States Postal Service, properly addressed and postage prepaid, for delivery by first-class mail to the billing address of the customer;
(b) In the case of delivery by another means, upon delivery of the bill to the billing address of the customer; or
(c) In the case of delivery via the Internet, upon sending the electronic bill via the Internet to the electronic address of the customer.
3. A customer may pay the bill:
(a) By depositing payment in the form of a check or money order with the United States Postal Service, properly addressed and postage prepaid, for delivery by first-class mail to the appropriate address of the utility;
(b) By making payment at the business office of the utility using cash, a check, a money order, a credit card, a debit card, an electronic check or, if authorized by the utility, some other form of electronic fund transfer;
(c) By making payment to any person authorized by the utility to accept payment using cash, a check, a money order, a credit card, a debit card, an electronic check or, if authorized by the utility, some other form of electronic fund transfer; or
(d) By making payment through a bank-by-phone system or, if authorized by the utility, by making payment through a payment terminal, an automatic withdrawal system or another system that allows for electronic fund transfers.
4. A utility shall authorize at least one system of payment that allows customers to make payments to the utility via the Internet.
5. The past due date for a bill may not be earlier than 15 days after the date that the bill is due pursuant to subsection 2.
6. If a utility has the capability to allow a customer to choose the past due date for each billing cycle, the utility shall:
(a) On an annual basis, notify customers that they have such a choice; and
(b) Upon the request of a customer, allow the customer to make such a choice.
7. If a utility does not have the capability described in subsection 6, the utility shall, upon the request of a customer and to the extent practicable, work with the customer to establish by mutual agreement the past due date for each billing cycle.
8. If the last day for payment before the past due date falls on a Sunday, legal holiday or any other day on which the office of a utility used for the payment of bills is closed, the last day for payment is the next business day. Except as otherwise provided in subsection 9, payment of a bill by first-class mail is timely if the payment is received not more than 4 days after the past due date.
9. Any arrearage contained in a bill for service is past due and should be paid at the business office of the utility.
10. A utility may charge a customer a fee, as set forth in its tariff, for:
(a) The return of an unpaid check.
(b) The late payment of a bill.
(c) The use of a credit card to make a payment to the utility. The utility shall not charge the customer a fee for the use of a credit card to make a payment to the utility or enter into an agreement with a third-party credit card service which charges the customer such a fee, unless the fee has been reviewed and approved by the Commission.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89; A by Pub. Utilities Comm’n by R198-01, 2-17-2005)
NAC 704.341 Program for deferred payment of delinquent bill. (NRS 703.025, 704.210)
1. Except as otherwise provided in this section and NAC 704.338, a utility shall provide a program for the deferred payment of a delinquent bill for any customer who requests the program and agrees in writing to pay:
(a) The arrearage within 90 days after the execution of the agreement, in four equal payments, with the first payment to be made upon the execution of the agreement; and
(b) All future bills when due.
Ê The 90-day period otherwise provided for payment of the arrearage may be extended at the discretion of the utility.
2. If a customer who enters into an agreement for the deferred payment of an arrearage is required to pay a deposit as a condition of continuing or resuming service and:
(a) The customer’s service has not been terminated because of the failure to comply with an existing agreement for deferred payment; or
(b) The customer is entering into the agreement pursuant to subsection 3,
Ê the deposit and the arrearage must be included in the agreement and must be paid within 120 days, in four equal payments, with the first payment to be made upon the execution of the agreement.
3. If a governmental agency or another entity that provides energy assistance to lower-income customers pledges or pays money on behalf of a customer who has an arrearage, the utility shall allow the customer to enter into an agreement for the deferred payment of the remaining arrearage and any deposit owed by the customer, regardless of whether the customer has entered into any other prior agreements for deferred payment pursuant to this section.
4. Except as otherwise provided in subsection 3, a customer may not enter into an agreement for deferred payment pursuant to this section more than once during any 11-month period, unless the utility agrees otherwise.
5. The utility may terminate service to a customer who enters into an agreement for deferred payment pursuant to this section for any failure by the customer to make payment as provided by the agreement, if the utility sends written notice of its intended action to the customer at least 48 hours before it terminates service.
6. Each agreement for deferred payment entered into pursuant to this section must:
(a) Specify the date on which each installment is due; and
(b) Contain a statement, in boldface type, of the right of the utility to terminate service to the customer, upon 48-hours’ notice, for any failure by the customer to make payment as provided by the agreement.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89; A by Pub. Utilities Comm’n by R198-01, 2-17-2005)
NAC 704.342 Program to pay bills of customers under financial hardship; coordination with other entities providing assistance to lower-income customers. (NRS 703.025, 704.210)
1. A utility shall provide a program for the payment of bills for customers who have difficulty paying their bills because of financial hardship.
2. A utility shall coordinate with governmental agencies and other entities that provide energy assistance to lower-income customers and with governmental agencies and other entities that provide services for weatherization and energy efficiency to lower-income customers to enable such agencies and entities to administer efficiently and effectively their assistance and services to lower-income customers.
3. A utility shall disclose to the agencies and entities described in subsection 2 information concerning the energy use of a customer, if the customer signs a release authorizing the utility to disclose that information.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89; A by Pub. Utilities Comm’n by R198-01, 2-17-2005)
NAC 704.3425 Visits for service and repair. (NRS 703.025, 704.210)
1. If a customer is required to be present at a location for a service or repair visit by a utility, the utility shall arrange with the customer, by mutual agreement:
(a) A 4-hour time span during which the visit will be scheduled; or
(b) An alternate method of entry to the location.
2. If a service or repair employee of the utility is unable to arrive at the customer’s location during the time span scheduled with the customer pursuant to subsection 1, the utility shall use its best efforts to provide telephonic notice to the customer.
(Added to NAC by Pub. Utilities Comm’n by R198-01, eff. 2-17-2005)
NAC 704.343 Testing meters for accuracy. (NRS 703.025, 704.210)
1. Each utility shall provide or have access to a facility to determine the accuracy of its meters. A utility shall test the meter of a customer upon his request.
2. No charge may be made for performing a test once during any 12-month period. A utility may charge the customer a fee, as set forth in its tariff, for any additional test conducted during that period.
3. The customer may be present and may request that a qualified representative of the Commission be present at the time a test is conducted.
4. If a meter is tested at the request of a customer, the utility shall, within a reasonable time after the test:
(a) Provide the customer with a written statement of the results of the test; and
(b) Notify the customer in writing if the meter is replaced or repaired.
5. A utility shall prepare and maintain a record of the results of each test conducted pursuant to this section. The record must include:
(a) The name and address of the customer;
(b) The number for identification of the meter;
(c) The type of meter;
(d) The type of test;
(e) The date on which the test was conducted;
(f) The results of the test; and
(g) A description of any action taken as a result of the test.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.344 Adjustment of bill when meter inaccurate. (NRS 703.025, 704.210)
1. If a meter is tested pursuant to NAC 704.343 and is found to be inaccurate by more than 2 percent, the bill for service of any customer affected must be adjusted as provided in this section.
2. Except as otherwise provided in subsection 3, if the meter has:
(a) Under-recorded the usage of gas or electric energy, the adjustment must be made only for the period of the most recent 3 months of usage.
(b) Over-recorded usage, the adjustment must be made only for the period of the most recent 6 months of usage.
3. If the utility establishes that the meter has been tampered with or used without its authorization, the adjustment must be calculated for a period not to exceed the most recent 6 months of usage or the date on which the tampering or unauthorized use began, whichever is greater.
4. A customer who, because of an adjustment to his bill, owes the utility money for service may pay that amount over a 3-month period.
5. The utility shall credit the account of a customer who was overcharged because of an inaccurate meter not later than 30 days after the overcharge is determined.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.346 Resolution of dispute regarding bill, charge or service. (NRS 703.025, 704.210)
1. If a customer disputes any bill, charge, or service, the utility shall promptly investigate the matter and report its determination to the customer. If the customer so requests, the report must be made in writing. Whether or not a written report is requested, the utility shall inform the customer of his right to file a complaint with the Division.
2. If the customer is not satisfied with the determination made by the utility, he may file a complaint with the Division.
3. If a complaint is filed, unless the utility agrees to waive the requirement at the request of the Division, the customer may be required by the utility to pay any disputed amount to the utility pending resolution of the complaint.
4. A summary of the provisions of this section must be printed on the back of each bill or notice issued by a utility. The summary must include the mailing address, telephone number, and toll-free telephone number of the Division.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.348 Refusal to provide service. (NRS 703.025, 704.210) Except as otherwise provided in NAC 704.383, a utility may refuse service or refuse to resume service to a customer:
1. Until the customer complies with the requirements of the Commission and set forth in the tariff of the utility;
2. If the customer has obtained or attempted to obtain service by fraudulent means, unless the conditions constituting the fraud have been corrected; or
3. If there exists any of the conditions described in NAC 704.350.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.350 Termination of service: No prior notice. (NRS 703.025, 704.1835, 704.210) A utility may terminate electric or gas service without prior notice only:
1. If an unsafe or hazardous condition related to electric or gas service is found to exist on the customer’s premises;
2. If the use of electric or gas service on the customer’s premises is found to be detrimental or damaging to the facilities or services of the utility or its customers;
3. Upon the order of any court or the Commission;
4. If the acts of the customer or the conditions upon the customer’s premises are such as to indicate to the utility that the customer intends to defraud it;
5. If the utility has tried diligently to meet the requirements for notice set forth in NAC 704.360 and 704.365 but has not been able to give such a notice;
6. If an event occurs which could not have been reasonably anticipated or controlled and which requires the termination of service;
7. If the location where service is provided has been abandoned;
8. If the customer obtained service without the specific credit authorization of the utility; or
9. If the termination without prior notice is otherwise authorized pursuant to NAC 704.302 to 704.390, inclusive.
[Pub. Service Comm’n, Gen. Order 27 § 3.1, eff. 8-21-81]—(NAC A 1-5-89; A by Pub. Utilities Comm’n by R198-01, 2-17-2005)
NAC 704.355 Termination of service: Prior notice. (NRS 703.025, 704.1835, 704.210)
1. Except as otherwise provided in NAC 704.302 to 704.390, inclusive, a utility may terminate electric or gas service to a customer without the consent of the customer, after adequate notice has been given pursuant to NAC 704.360 and 704.365, for any of the following reasons:
(a) Nonpayment of a delinquent bill.
(b) Failure to make a security deposit, an installment payment on a delinquent bill, or a security deposit, or a guarantee, when required.
(c) Violation of any rule of the utility.
2. Except as otherwise provided in NAC 704.302 to 704.390, inclusive, a utility may terminate service:
(a) At the new location of a customer for the failure to pay a delinquent bill for residential service which the customer received at a previous location; or
(b) If a customer receives residential service at more than one location, at any of the locations for the failure to pay a delinquent bill at any location.
[Pub. Service Comm’n, Gen. Order 27 § 3.2, eff. 8-21-81]—(NAC A 1-5-89; A by Pub. Utilities Comm’n by R198-01, 2-17-2005)
NAC 704.360 Termination of service: Provision of notice. (NRS 703.025, 704.1835, 704.210)
1. If a utility has a reason for the termination of service under NAC 704.355 and intends to terminate service, the utility shall in every case send a written notice of its intended action to the customer at least 10 days before it carries out the action, except that if the customer has failed to comply with the terms of an agreement for deferred payment, the utility may terminate service upon 48-hours’ notice as provided in NAC 704.341.
2. If the utility receives no response to the initial notice, it shall send a second notice to the customer using:
(a) A method required by NAC 704.390, if the customer is subject to the provisions of that section; or
(b) A method which ensures that the notice is delivered to the customer or the customer’s premises at least 48 hours before it terminates service.
3. The initial notice must be served upon the customer:
(a) By personal service;
(b) By depositing the notice with the United States Postal Service, properly addressed and postage prepaid, for delivery by first-class mail to the customer’s last known mailing address; or
(c) If requested by the customer and within the capability of the utility, by electronic notice sent via the Internet to the most recent electronic address provided to the utility by the customer.
4. Service of the initial notice shall be deemed complete on the date that the notice is:
(a) Delivered by personal service to the customer;
(b) Deposited with the United States Postal Service, properly addressed and postage prepaid, for delivery by first-class mail to the customer’s last known mailing address; or
(c) Sent via the Internet to the most recent electronic address provided to the utility by the customer.
5. Except as otherwise provided in NAC 704.390, a second notice may be communicated to the customer:
(a) In person;
(b) By depositing the notice with the United States Postal Service, properly addressed and postage prepaid, for delivery by first-class mail to the customer’s last known mailing address;
(c) If requested by the customer and within the capability of the utility, by electronic notice sent via the Internet to the most recent electronic address provided to the utility by the customer;
(d) By telephone if the person receiving the communication is 18 years of age or older and is a resident at the address where service is being provided; or
(e) By posting the notice on the door of that residence if no one is at home.
Ê If a utility intends to change the method it normally uses to communicate a second notice, it shall send a written notice to its customers specifying the new method and the date on which it will begin using that method.
6. The initial notice and any second notice of an intended termination of service must contain the following information in plain language, with the information listed in paragraphs (i), (j) and (l) presented in a larger type size than the balance of the notice:
(a) An identification of the account affected by the intended termination.
(b) The date on or after which the intended termination will occur.
(c) The address of the location where service will be terminated.
(d) The reason for the intended termination, including, if the intended termination is for nonpayment, a statement designating the bill as one for actual or estimated use and specifying the total amount owed, the period over which that amount was incurred and the minimum payment required to avoid termination.
(e) The procedures which are available to dispute or appeal from the intended termination, specifying the address and telephone number of the utility’s office which is responsible for handling complaints or inquiries.
(f) A statement that the utility will promptly investigate any complaint or dispute and give the customer its written decision on the matter.
(g) A statement that if the customer wishes to dispute any fact or interpretation of a regulation relied upon by the utility in its decision to terminate service, the customer must communicate with the Division. The statement must include the mailing address, telephone number and toll-free telephone number of the Division.
(h) A statement that service will not be terminated before a resolution of the dispute if the customer pays the questioned portion of the bill at the time the dispute arises and pays all subsequent bills.
(i) An explanation of any arrangements for payment which the utility offers to customers who have difficulty in paying their bills.
(j) A list of the names, addresses and telephone numbers of at least two governmental agencies or other organizations which have notified the utility that they will assist customers in paying their utility bills.
(k) An explanation of the restrictions on the termination as set forth in NAC 704.370.
(l) A statement that a customer should notify the utility immediately if any member of the customer’s household requires the continuing use of electric or gas appliances to maintain that member’s essential health.
(m) An explanation of the utility’s fee schedule and procedures for reconnecting service.
7. If a utility provides a customer with an initial notice or a second notice of an intended termination of service and the customer or another adult resident of the customer’s household communicates orally with the utility concerning the notice, the utility shall explain to the customer or other adult resident each item of information which is included in the notice pursuant to subsection 6.
8. If a utility has a reason for the termination of service and intends to terminate service to a mobile home park or a multiunit residential complex, the utility shall use its best efforts to notify the occupants of each family dwelling unit located within the park or complex of the utility’s intended action. The utility shall use its best efforts to notify the occupants by posting on the door of each such unit a written notice which states:
(a) The reason for the termination of service;
(b) The deadline for making any delinquent payments or for taking any corrective action that is necessary to avoid the termination of service; and
(c) The date scheduled for the termination of service in the event that any delinquent payments are not made or corrective action is not taken.
Ê The utility shall provide the notice required by this subsection to the occupants of a multiunit residential complex at the same time that the utility provides notice to the customer of record for the complex.
[Pub. Service Comm’n, Gen. Order 27 § 4.1, eff. 8-21-81]—(NAC A 8-4-83; 1-5-89; A by Pub. Utilities Comm’n by R198-01, 2-17-2005)
NAC 704.365 Termination of service: Designation and notification of third person. (NRS 703.025, 704.1835, 704.210)
1. A utility shall:
(a) Give written notice to each customer who is elderly or who is a person with a disability that the customer may designate a third person to receive notification of the pending termination of service. The utility shall give the written notice:
(1) At the time the customer applies for service; or
(2) If the customer applies for service by telephone, at the time the customer receives the first bill for service.
(b) Upon the written request of a customer, notify a third person designated by the customer of an intended termination of service by sending the third person a duplicate notice. The third person need not pay the bill.
(c) Make a diligent effort to notify the designated third person, but the utility does not incur any liability for a failure to notify the third person.
2. As used in this section, “third person” includes any guarantor of the customer making the designation and any other person or public agency, other than the customer or the utility.
[Pub. Service Comm’n, Gen. Order 27 § 4.2, eff. 8-21-81]—(NAC A 1-5-89; A by Pub. Utilities Comm’n by R198-01, 2-17-2005)
NAC 704.370 Termination of service: Postponement when dangerous to health. (NRS 703.025, 704.1835, 704.210)
1. A utility shall postpone the termination of service to a customer for 30 days after the day on which it receives both of the following:
(a) A statement from a licensed physician or public health official certifying that any termination of service would be especially dangerous to the health of the customer or another person who is a permanent resident of the premises where service is being provided and would constitute an emergency affecting the health of the person. The physician or health official may consider the feebleness, advanced age, physical disability, mental incapacity, serious illness or other infirmity of the person affected. Except as otherwise provided in this paragraph, the statement must be in writing and include:
(1) The address where service is provided;
(2) The name of the person whose health would be especially endangered;
(3) A clear description of the nature of the emergency; and
(4) The name, title and signature of the physician or official certifying the emergency.
Ê The statement may be made by telephone if a written statement is sent for confirmation to the utility within 5 days after the oral statement is made.
(b) A statement signed by the customer:
(1) That the customer is unable to pay for service in accordance with the requirements of the utility’s billing; or
(2) That the customer is able to pay for service only in installments. The utility shall allow an installment period of up to 90 days for the customer to pay the bills of the customer.
2. The postponement may be extended for an additional 30 days if the utility receives a renewed medical certificate before the expiration of the original period of postponement.
3. If a utility again intends to terminate service after a customer has obtained a postponement pursuant to subsection 1, the utility shall give written notice of its intended action:
(a) To the Division;
(b) To the customer and to any other person who is required to receive notice pursuant to NAC 704.360 or 704.365; and
(c) To governmental agencies or other organizations which have notified the utility that they will assist customers in paying their utility bills.
4. Before the period of postponement expires, the customer must arrange with the utility to pay the bills of the customer in accordance with its applicable rules.
[Pub. Service Comm’n, Gen. Order 27 § 5.1, eff. 8-21-81]—(NAC A 1-5-89; A by Pub. Utilities Comm’n by R198-01, 2-17-2005)
NAC 704.372 Termination of service: Postponement upon agreement to pay delinquent bill. (NRS 703.025, 704.1835, 704.210)
1. If the service of a customer is being terminated for nonpayment of a delinquent bill or any installment due on such a bill, the utility may postpone the termination, regardless of whether the customer is qualified to make deferred payments pursuant to NAC 704.338 or 704.341, if the utility determines that the customer is able to pay the amount owed and the customer agrees to a plan for payment.
2. In determining whether a customer is able to pay the amount owed, the utility shall consider:
(a) The amount owed;
(b) The length of time the bill or installment is past due;
(c) The date the account was established;
(d) The history of payment maintained by the customer with the utility;
(e) The credit history of the customer;
(f) The period for payment;
(g) Any extraordinary circumstances of the case; and
(h) Any information presented to the utility by the customer.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89; A by Pub. Utilities Comm’n by R198-01, 2-17-2005)
NAC 704.375 Termination of service: Miscellaneous restrictions. (NRS 703.025, 704.1835, 704.210)
1. Except as otherwise provided in subsections 1 and 2 of NAC 704.350, a utility may not terminate service to a customer on a weekend, on a holiday or on the day before a weekend or a holiday.
2. Except as otherwise provided in subsections 1 and 2 of NAC 704.350, a utility may not terminate service to a customer if the utility has knowledge that the customer or a permanent resident of the customer’s household:
(a) Is confined to the location where service is provided;
(b) Is on a life support device which, to operate effectively at that location, requires service to be provided by the utility; and
(c) Is likely to die without the aid of the life support device if the utility terminates service.
3. A utility may not terminate service to a customer because of nonpayment if the outstanding amount owed by the customer is $50 or less.
4. If a utility intends to terminate service to a customer or a multiunit residential complex because of nonpayment, the utility shall postpone the termination if the termination would occur during a forecasted period of extreme temperature for the local geographical area which encompasses the location where service is provided and which typically experiences similar temperature conditions as the location where service is provided.
5. As used in this section:
(a) “Forecasted period of extreme temperature” means any period of 24 hours for which the National Weather Service has issued a forecast predicting that, at some point during the period of 24 hours, the outside temperature will be:
(1) One hundred five degrees Fahrenheit or higher; or
(2) Fifteen degrees Fahrenheit or lower.
(b) “National Weather Service” means the National Weather Service of the National Oceanic and Atmospheric Administration of the United States Department of Commerce.
[Pub. Service Comm’n, Gen. Order 27 § 5.2, eff. 8-21-81]—(NAC A by Pub. Utilities Comm’n by R198-01, 2-17-2005)
NAC 704.380 Termination of service: Restrictions regarding certain delinquent bills. (NRS 703.025, 704.1835, 704.210)
1. A utility may not terminate residential service to a customer because of the failure to pay a delinquent bill for a nonresidential class of service.
2. A utility may not terminate service to a customer because of delinquent bills that were incurred by the previous occupant of the location where service is provided.
[Pub. Service Comm’n, Gen. Order 27 § 5.3, eff. 8-21-81]—(NAC A 1-5-89; A by Pub. Utilities Comm’n by R198-01, 2-17-2005)
NAC 704.383 Resumption of service. (NRS 703.025, 704.1835, 704.210)
1. A utility shall resume service to a customer:
(a) If the customer has complied with the requirements of the utility set forth in its tariff;
(b) Upon the order of any court of competent jurisdiction or the Commission; or
(c) If the statement conforms to the requirements of that paragraph, immediately upon its receipt of the statement described in paragraph (a) of subsection 1 of NAC 704.370.
2. Except as otherwise provided in subsection 3, if a utility terminates service to a customer because of nonpayment and the customer or another person or entity on behalf of the customer subsequently pays the utility in an amount that is sufficient to resume service, the utility shall resume service to the customer:
(a) On the same day that the payment is received by the utility, if the payment is received by the utility on or before 10 a.m.; or
(b) Within 24 hours after the time when the payment is received by the utility, if the payment is received by the utility after 10 a.m.
3. If a utility terminates service to a multiunit residential complex because of nonpayment and the customer of record or another person or entity on behalf of the customer of record subsequently pays the utility in an amount that is sufficient to resume service, the utility shall resume service to each unit within the multiunit residential complex on a priority basis, subject to emergency situations, including, but not limited to, emergency situations affecting the health of a person as described in paragraph (a) of subsection 1 of NAC 704.370.
4. A utility may charge a fee, as set forth in its tariff, to resume service to a customer.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89; A by Pub. Utilities Comm’n by R198-01, 2-17-2005)
NAC 704.385 Written notice of special assistance available to elderly persons and persons with disability. (NRS 703.025, 704.210) A utility shall give written notice to:
1. Each new customer at the time the customer applies for service; and
2. Each customer at least once annually by means of a notice enclosed with a bill,
Ê that special assistance is available to elderly persons and to persons with a disability who are unable to pay their bills on a timely basis and that such a person must communicate with the utility if the person wishes to benefit from that special assistance.
[Pub. Service Comm’n, Gen. Order 27 § 6.1, eff. 8-21-81]—(NAC A by Pub. Utilities Comm’n by R198-01, 2-17-2005)
NAC 704.390 Notice of termination of service to customer who is elderly or who is person with disability. (NRS 703.025, 704.1835, 704.210)
1. A utility may not terminate service to a customer who is elderly or who is a person with a disability, or whose household includes a person who is elderly or a person with a disability, unless the utility has notified the customer or another adult resident of the customer’s household in person or by telephone at the address where service is provided at least 48 hours before the date upon which the termination would occur.
2. When providing the notice required by subsection 1, the utility shall explain to the customer or other adult resident each item of information which subsection 6 of NAC 704.360 requires to be included in a written notice of intent to terminate service.
3. In addition to the notice required by subsection 1, the utility shall notify governmental agencies or other organizations which have notified the utility that they will assist customers in paying their utility bills.
[Pub. Service Comm’n, Gen. Order 27 § 6.2, eff. 8-21-81]—(NAC A 1-5-89; A by Pub. Utilities Comm’n by R198-01, 2-17-2005)
TERMINATION OF RESIDENTIAL WATER SERVICE
NAC 704.391 Definitions. (NRS 703.025, 704.1835, 704.210) As used in NAC 704.391 to 704.3936, inclusive, unless the context otherwise requires, the words and terms defined in NAC 704.3912 to 704.3922, inclusive, have the meanings ascribed to them in those sections.
(Added to NAC by Pub. Utilities Comm’n by R126-02, eff. 2-17-2005)
NAC 704.3912 “Customer” defined. (NRS 703.025, 704.1835, 704.210) “Customer” means a person:
1. Who receives or applies to receive residential water service from a utility or landlord;
2. In whose name such service is or is to be provided, as evidenced by a signature on the application or contract for such service; or
3. In whose name such service is or is to be provided, as may be established by other demonstrable evidence that the person requested the utility or landlord to provide such service in that person’s name.
(Added to NAC by Pub. Utilities Comm’n by R126-02, eff. 2-17-2005)
NAC 704.3914 “Division” defined. (NRS 703.025, 704.1835, 704.210) “Division” means the Division of Consumer Complaint Resolution of the Commission.
(Added to NAC by Pub. Utilities Comm’n by R126-02, eff. 2-17-2005)
NAC 704.3916 “Especially dangerous to health” defined. (NRS 703.025, 704.1835, 704.210) “Especially dangerous to health” means a condition or event likely to cause serious impairment to the health of a person who appears to be unable, without assistance, to manage his own resources, carry out the activities of daily living, or protect himself from neglect or a hazardous situation.
(Added to NAC by Pub. Utilities Comm’n by R126-02, eff. 2-17-2005)
NAC 704.3918 “Landlord” defined. (NRS 703.025, 704.1835, 704.210) “Landlord” means a landlord of a mobile home park:
1. Who is subject, in whole or in part, to the provisions of chapter 118B of NRS; and
2. Who pays a provider for water service and who distributes or resells the water to one or more residential tenants.
(Added to NAC by Pub. Utilities Comm’n by R126-02, eff. 2-17-2005)
NAC 704.392 “Termination of service” defined. (NRS 703.025, 704.1835, 704.210) “Termination of service” means the intentional cessation of service by a utility or landlord to a customer which has not been requested by the customer and, in the case of a utility, which occurs pursuant to the tariffs of the utility.
(Added to NAC by Pub. Utilities Comm’n by R126-02, eff. 2-17-2005)
NAC 704.3922 “Utility” defined. (NRS 703.025, 704.1835, 704.210) “Utility” means a public utility, as defined in NRS 704.020, that furnishes residential water service to customers.
(Added to NAC by Pub. Utilities Comm’n by R126-02, eff. 2-17-2005)
NAC 704.3924 Terms of agreement with customer. (NRS 703.025, 704.1835, 704.210)
1. Except as otherwise provided in this section, a utility or landlord may not enter into any agreement with a customer under terms that are inconsistent with the provisions of NAC 704.391 to 704.3936, inclusive.
2. Notwithstanding the provisions of NAC 704.391 to 704.3936, inclusive:
(a) A utility may enter into an agreement with a customer under terms that are more favorable to the customer than those provided by NAC 704.391 to 704.3936, inclusive, if the more favorable terms are consistent with the tariffs of the utility.
(b) A landlord may enter into an agreement with a customer under terms that are more favorable to the customer than those provided by NAC 704.391 to 704.3936, inclusive.
(Added to NAC by Pub. Utilities Comm’n by R126-02, eff. 2-17-2005)
NAC 704.3926 Termination without prior notice. (NRS 703.025, 704.1835, 704.210) A utility or landlord may terminate water service without prior notice only:
1. If an unsafe or hazardous condition related to water service is found to exist on the customer’s premises;
2. If the use of water service on the customer’s premises is found to be detrimental or damaging to the facilities or services of the utility or the landlord, or to other customers;
3. Upon the order of any court or the Commission;
4. If the acts of the customer or the conditions upon the customer’s premises are such as to indicate to the utility or landlord that the customer intends to defraud it;
5. If the utility or landlord has tried diligently to meet the requirements for notice set forth in NAC 704.393 but has not been able to give such notice;
6. If an event occurs which could not have been reasonably anticipated or controlled and which requires the termination of service;
7. If the location where service is provided has been abandoned;
8. If the customer obtained service without the specific credit authorization of the utility or landlord; or
9. If the termination without prior notice is otherwise authorized pursuant to NAC 704.391 to 704.3936, inclusive.
(Added to NAC by Pub. Utilities Comm’n by R126-02, eff. 2-17-2005)
NAC 704.3928 Termination after notice. (NRS 703.025, 704.1835, 704.210) Except as otherwise provided in NAC 704.391 to 704.3936, inclusive, a utility or landlord may terminate water service to a customer without the consent of the customer, after adequate notice has been given pursuant to NAC 704.393, for any of the following reasons:
1. Nonpayment of a delinquent bill for water service.
2. Failure to make a security deposit for water service, an installment payment on a delinquent bill or security deposit for water service, or a guarantee, when required.
3. Negligent or wasteful use of water on the premises of the customer.
4. Violation of any rule of the utility or landlord relating to water service.
(Added to NAC by Pub. Utilities Comm’n by R126-02, eff. 2-17-2005)
NAC 704.393 Provision of notice of termination. (NRS 703.025, 704.1835, 704.210)
1. Except as otherwise provided in NAC 704.3932, if a utility or landlord has a reason for the termination of service pursuant to NAC 704.3928 and intends to terminate service, the utility or landlord shall in every case send a written notice of its intended action to the customer at least 10 days before it carries out the action.
2. If the utility or landlord receives no response to the initial notice, it shall send a second notice to the customer using a method which ensures that the notice is delivered to the customer or the customer’s premises at least 48 hours before it terminates service.
3. The initial notice must be served upon the customer:
(a) By personal service; or
(b) By depositing the notice with the United States Postal Service, properly addressed and postage prepaid, for delivery by first-class mail to the customer’s last known mailing address.
4. Service of the initial notice shall be deemed complete on the date that the notice is:
(a) Delivered by personal service to the customer; or
(b) Deposited with the United States Postal Service, properly addressed and postage prepaid, for delivery by first-class mail to the customer’s last known mailing address.
5. The initial notice and any second notice of an intended termination of service must contain the following information in plain language, with the information listed in paragraphs (i) and (j) presented in a larger type size than the balance of the notice:
(a) An identification of the account affected by the intended termination.
(b) The date on which the intended termination will occur.
(c) The address of the location where service will be terminated.
(d) The reason for the intended termination, including, if the intended termination is for nonpayment, a statement designating the bill as one for actual or estimated use and specifying the total amount owed, the period over which that amount was incurred and the minimum payment required to avoid termination.
(e) The procedures which are available to dispute or appeal from the intended termination, specifying the address and telephone number of the utility’s or landlord’s office which is responsible for handling complaints or inquiries.
(f) A statement that the utility or landlord will promptly investigate any complaint or dispute and give the customer its written decision on the matter.
(g) A statement that if the customer wishes to dispute any fact or interpretation of a regulation relied upon by the utility or landlord in its decision to terminate service, the customer must communicate with the Division. The statement must include the mailing address, telephone number and toll-free telephone number of the Division.
(h) A statement that service will not be terminated before a resolution of the dispute if the customer pays the questioned portion of the bill at the time the dispute arises and pays all subsequent bills.
(i) An explanation of any arrangements for payment which the utility or landlord offers to customers who have difficulty in paying their bills, including the program of deferred payments described in NAC 704.3932.
(j) If the location where service will be terminated is in a county whose population is 50,000 or more:
(1) The appropriate addresses and telephone numbers of the Division of Welfare and Supportive Services of the Department of Health and Human Services; and
(2) A list of the names, addresses and telephone numbers of other organizations which have notified the utility that they will help customers who are unable to pay their bills.
(k) An explanation of the restrictions on the termination as set forth in NAC 704.3936.
(l) An explanation of the utility’s or landlord’s fee schedule and procedures for reconnecting service.
6. If a utility has a reason for the termination of service and intends to terminate service to a mobile home park or a multiunit residential complex, the utility shall use its best efforts to notify the occupants of each family dwelling unit located within the park or complex of the utility’s intended action. The utility shall use its best efforts to notify the occupants by posting on the door of each such unit a written notice which states:
(a) The reason for the termination of service;
(b) The deadline for making any delinquent payments or for taking any corrective action that is necessary to avoid the termination of service; and
(c) The date scheduled for the termination of service in the event that any delinquent payments are not made or corrective action is not taken.
Ê The utility shall provide the notice required by this subsection to the occupants of a multiunit residential complex at the same time that the utility provides notice to the customer of record for the complex.
(Added to NAC by Pub. Utilities Comm’n by R126-02, eff. 2-17-2005)
NAC 704.3932 Program of deferred payments. (NRS 703.025, 704.1835, 704.210)
1. Except as otherwise provided in this section, if a utility or landlord intends to terminate service to a customer because of nonpayment, the utility or landlord shall first offer the customer a program of deferred payments.
2. A program of deferred payments must require the customer to pay:
(a) The arrearage within 60 days after the execution of the agreement, in three equal payments, with the first payment to be made upon the execution of the agreement; and
(b) All future bills when due.
3. Except as otherwise provided in subsection 4, the utility or landlord shall offer the customer a program of deferred payments in each notice of intent to terminate service because of nonpayment which is provided to the customer pursuant to NAC 704.393.
4. The utility or landlord may terminate service to a customer who is participating in a program of deferred payments pursuant to this section for any failure by the customer to make payment as required by the program, if the utility or landlord sends written notice of its intended action to the customer at least 24 hours before it terminates service.
(Added to NAC by Pub. Utilities Comm’n by R126-02, eff. 2-17-2005)
NAC 704.3934 Postponement of termination during forecasted period of extreme heat. (NRS 703.025, 704.1835, 704.210)
1. If a utility or landlord intends to terminate service to a customer because of nonpayment, the utility or landlord shall postpone the termination if the termination would occur during a forecasted period of extreme heat for the local geographical area which encompasses the location where service is provided and which typically experiences similar temperature conditions as the location where service is provided.
2. As used in this section:
(a) “Forecasted period of extreme heat” means any period of 24 hours for which the National Weather Service has issued a forecast predicting that, at some point during the period of 24 hours, the outside temperature will be 105 degrees Fahrenheit or higher.
(b) “National Weather Service” means the National Weather Service of the National Oceanic and Atmospheric Administration of the United States Department of Commerce.
(Added to NAC by Pub. Utilities Comm’n by R126-02, eff. 2-17-2005)
NAC 704.3936 Postponement of termination when dangerous to health. (NRS 703.025, 704.1835, 704.210)
1. If a utility or landlord intends to terminate service to a customer because of nonpayment, the utility or landlord shall postpone the termination for 30 days after the day on which it receives both of the following:
(a) A statement from a licensed physician or public health official certifying that any termination of service would be especially dangerous to the health of the customer or another person who is a permanent resident of the premises where service is being provided and would constitute an emergency affecting the health of the person. The physician or health official may consider the feebleness, advanced age, physical disability, mental incapacity, serious illness or other infirmity of the person affected and may also consider the necessity of cooling to maintain the health of the person affected, such as the necessity of cooling provided by an evaporative cooler or similar device. Except as otherwise provided in this paragraph, the statement must be in writing and include:
(1) The address where service is provided;
(2) The name of the person whose health would be especially endangered;
(3) A clear description of the nature of the emergency; and
(4) The name, title and signature of the physician or official certifying the emergency.
Ê The statement may be made by telephone if a written statement is sent for confirmation to the utility or landlord within 5 days after the oral statement is made.
(b) A statement signed by the customer:
(1) That he is unable to pay for service in accordance with the requirements of the utility’s or landlord’s billing; or
(2) That he is able to pay for service only in installments. The utility or landlord shall allow an installment plan of up to 60 days for the customer to pay the bills of the customer. The installment plan must consist of three equal payments with the first payment to be made when the customer presents the signed statement to the utility or landlord.
2. The postponement may be extended for an additional 30 days if the utility or landlord receives a renewed medical certificate before the expiration of the original period of postponement.
3. If a utility or landlord again intends to terminate service after a customer has obtained a postponement pursuant to subsection 1, the utility or landlord shall give written notice of its intended action:
(a) To the Division;
(b) To the customer; and
(c) To each governmental agency or other organization which has notified the utility or landlord that it will help customers who are unable to pay their bills.
4. Before the period of postponement expires, the customer must arrange with the utility or landlord to pay the bills of the customer in accordance with its applicable rules.
(Added to NAC by Pub. Utilities Comm’n by R126-02, eff. 2-17-2005)
RIGHTS AND OBLIGATIONS OF CUSTOMERS OF CERTAIN TELECOMMUNICATION PROVIDERS
NAC 704.395 Definitions. (NRS 703.025, 704.210) As used in NAC 704.395 to 704.421, inclusive, unless the context otherwise requires, the words and terms defined in NAC 704.3955 to 704.403, inclusive, have the meanings ascribed to them in those sections.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89; A by Pub. Utilities Comm’n by R059-02, 2-17-2005)
NAC 704.3955 “Connection fee” defined. (NRS 703.025, 704.210) “Connection fee” means the charge for establishing service to a customer, defined in the tariff of the utility as the installation or service connection charge.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.396 “Cosigner” defined. (NRS 703.025, 704.210) “Cosigner” means a person who assumes liability for the payment for service provided by a utility if a customer fails to pay for the service.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.3965 “Customer” defined. (NRS 703.025, 704.210) “Customer” means a person:
1. Who receives or applies to receive any residential telecommunication service from a utility;
2. In whose name such service is or is to be provided, as evidenced by a signature on the application or contract for such service; or
3. In whose name such service is or is to be provided, as may be established by other demonstrable evidence that the person requested the utility to provide such service in that person’s name.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89; A by Pub. Utilities Comm’n by R059-02, 2-17-2005)
NAC 704.397 “Deposit” defined. (NRS 703.025, 704.210) “Deposit” means money provided by a customer to ensure payment for service provided by a utility.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.3975 “Division” defined. (NRS 703.025, 704.210) “Division” means the Division of Consumer Complaint Resolution of the Commission.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.398 “Elderly” defined. (NRS 703.025, 704.210) “Elderly” means a person who is 60 years of age or older.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.3985 “Especially dangerous to health” defined. (NRS 703.025, 704.210) “Especially dangerous to health” means a condition or event likely to cause serious impairment to the health of a person who appears to be unable, without assistance, to manage his own resources, carry out the activities of daily living, or protect himself from neglect or a hazardous situation.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.399 “Guarantor” defined. (NRS 703.025, 704.210) “Guarantor” means a person who assumes liability for the payment of a deposit if a customer fails to pay the deposit.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.3995 “Person with a disability” defined. (NRS 703.025, 704.210) “Person with a disability” means a person who has a physical or mental disability for which he receives benefits from a governmental agency.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.401 “Satisfactory credit” defined. (NRS 703.025, 704.210) “Satisfactory credit” means credit that is not unsatisfactory credit.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.4015 “Termination of service” defined. (NRS 703.025, 704.210) “Termination of service” means the intentional cessation of service by a utility to a customer that has not been requested by the customer.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.402 “Third person” defined. (NRS 703.025, 704.210) “Third person” includes any person or public agency other than the customer making the designation or the utility.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.4025 “Unsatisfactory credit” defined. (NRS 703.025, 704.210) “Unsatisfactory credit” means the credit of a customer who, within the preceding 12 months:
1. Has had his service terminated for nonpayment of a delinquent bill or any installment due on such a bill; or
2. Has had dishonored two or more checks drawn by him in payment for service.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.403 “Utility” defined. (NRS 703.025, 704.210) “Utility” means a public utility, as defined in NRS 704.020, that furnishes basic service.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89; A 10-25-95)
NAC 704.404 Applicability; purpose. (NRS 703.025, 704.210) The provisions of NAC 704.395 to 704.421, inclusive:
1. Apply to telephone service furnished to residential customers by a telecommunication provider which provides basic service.
2. Provide guidance to a small-scale provider of last resort which provides service through less than 10,000 access lines regarding the scope and substance of the issues which must be addressed in the tariffs that must be filed with the Commission.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89; A 10-25-95; A by Pub. Utilities Comm’n by R059-02, 2-17-2005; R136-07, 1-30-2008)
NAC 704.4045 Records of utility. (NRS 703.025, 704.210)
1. Each utility shall prepare and maintain records for at least 1 year.
2. The records must contain:
(a) The number and accumulated amounts of deposits that have been collected and returned; and
(b) For each of its customers:
(1) His payment performance;
(2) The amount for each billing period;
(3) The number and general description of the written complaints filed with the utility;
(4) The number of agreements for payment entered into by the utility; and
(5) The number of terminations and reconnections of service.
3. Upon the request of the Commission, a utility shall submit to the Commission, in writing, a summary of the information contained in those records.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.4051 Dissemination of information concerning customers. (NRS 703.025, 704.210) Except for information contained in its telephone directory list, a utility may not provide any information concerning its customers to any person for commercial purposes without the approval of the Commission. Nothing in this section shall be deemed to preclude a utility from providing any person, including any other utility or telecommunication provider, with information necessary to provide utility services.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89; A 10-25-95; A by Pub. Utilities Comm’n by R136-07, 1-30-2008)
NAC 704.406 Availability of information to customers. (NRS 703.025, 704.210) Each utility shall make available to each of its customers, upon request, information describing the services it provides and specifying the rates and charges for those services.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.4065 Notice of programs for customers with special needs. (NRS 703.025, 704.210)
1. A utility shall notify each customer that special programs may be available for customers who are elderly or persons with a disability or have other special needs.
2. The notice required by subsection 1 must:
(a) Be made by means of a notice on a bill or enclosed with a bill;
(b) Be made not less frequently than once each year;
(c) State that information concerning these programs may be found in NAC 704.395 to 704.421, inclusive, or obtained from the business office of the utility; and
(d) Be printed in a type size that is not smaller than 12-point type or font.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89; A by Pub. Utilities Comm’n by R059-02, 2-17-2005)
NAC 704.407 Terms of agreement with customer. (NRS 703.025, 704.210)
1. Except as otherwise provided in subsection 2, a utility may not enter into any agreement with a customer under terms that are inconsistent with the provisions of NAC 704.395 to 704.421, inclusive, unless it informs the customer of his rights under those sections.
2. Notwithstanding the provisions of NAC 704.395 to 704.421, inclusive, a utility may enter into an agreement with a customer under terms that are more favorable to the customer than those provided by NAC 704.395 to 704.421, inclusive, if the more favorable terms are consistent with the tariffs of the utility.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89; A by Pub. Utilities Comm’n by R059-02, 2-17-2005)
NAC 704.408 Application for service. (NRS 703.025, 704.210)
1. Except as otherwise provided in subsection 2, a customer may make an application for service by mail or by telephone.
2. If there is reason to believe that a customer applying for service has defrauded, is defrauding, or intends to defraud the utility, or if other good cause exists, the utility may refuse to accept an application for service made by mail or by telephone.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.4085 Establishment of credit. (NRS 703.025, 704.210)
1. A utility may require a customer to establish credit before it:
(a) Furnishes service; or
(b) Resumes service after a termination of service, if the customer:
(1) Has not previously paid a deposit to the utility; or
(2) Has paid a deposit, but it has been returned to him in whole or in part, applied to his account, or treated as part of a new deposit.
2. For the purposes of this section, a customer establishes credit if he:
(a) Pays a deposit to the utility;
(b) Has, during the 2 years preceding his request for service, been a customer of:
(1) The utility and has established satisfactory credit; or
(2) Another municipal or regulated telephone utility, has made timely payment of each bill issued to him during the most recent 12 months of service, and his record of payment can be verified;
(c) Uses a cosigner or guarantor, at the option of the utility, with credit acceptable to the utility;
(d) Receives benefits from a retirement plan or the Social Security Administration, unless he has unsatisfactory credit; or
(e) Demonstrates his creditworthiness in any other manner satisfactory to the utility.
3. Except as otherwise provided in NAC 704.409, a customer may not be required by a utility to establish credit in any particular manner described in subsection 2.
4. Upon the request of a customer, a utility shall provide him with a form to use in requesting his credit history from another utility.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.409 Deposit: Generally. (NRS 703.025, 704.210)
1. A customer may be required to pay a deposit or the balance of a deposit if he has unsatisfactory credit or cannot establish credit in any other manner permitted by subsection 2 of NAC 704.4085 and:
(a) He has not previously paid a deposit;
(b) He has paid less than the full amount of the deposit otherwise required pursuant to subsection 4; or
(c) His deposit has been returned to him in whole or in part, applied to his account, or treated as part of a new deposit.
2. If a customer cannot establish credit in any other manner permitted by subsection 2 of NAC 704.4085 the utility may, for the purpose of determining the customer will be required to pay a deposit, consider:
(a) Whether he has been continuously employed by the same employer for at least 1 year;
(b) In the case of a customer who has recently been divorced or separated and is applying for service in his own name, the record of payment for any service previously furnished to his household; and
(c) Any other factor set forth in the tariff of the utility.
3. Any deposit paid by a customer must be paid in cash. Unless there is reason to believe that the customer has defrauded, is defrauding, or intends to defraud the utility, or other good cause exists, a deposit may be paid by mail.
4. The amount of any deposit required or held by a utility may not exceed:
(a) In the case of a customer with unsatisfactory credit for whom the utility can determine actual usage, twice his average monthly bill for service, including toll service;
(b) In the case of an elderly customer who qualifies for assistance under the Link Up America program, except one to whom paragraph (a) applies, 50 percent of the amount established pursuant to paragraph (c); or
(c) In any other case, $100 or an amount equal to twice the average estimated monthly bill for service, whichever is less.
(Added to NAC by Pub. Service Comm’n, eff. 1-5-89)
NAC 704.4095 Payment of deposit and connection fee. (NRS 703.025, 704.210)
1. A customer who pays a deposit or a connection fee, or both, may:
(a) Be required to pay the entire amount of the deposit and connection fee before service is provided; or
(b) Enter into an agreement with the utility for payment of the deposit and connection fee in installments if his credit is satisfactory and the total amount of the deposit and connection fee:
(1) Exceeds $50; or
(2) Is less than $50, if the customer contacts the utility and indicates the existence of circumstances that would result in hardship if the customer were required to pay the deposit and connection fee in one installment.
2. If there is an agreement for payment in installments:
(a) The cu