[Rev. 3/27/2014 8:41:58 PM]

 

This chapter of NAC has changes which have been adopted but have not been codified; you can see those changes by viewing the following regulation(s) on the Nevada Register of Administrative Regulations: R072-13

[NAC-703 Revised Date: 8-12]

CHAPTER 703 - PUBLIC UTILITIES COMMISSION OF NEVADA

GENERAL PROVISIONS

703.010              Definitions.

703.015              “Application” defined.

703.016              “Basic network service” defined.

703.0165            “Business line service” defined.

703.017              “Business office” defined.

703.018              “Chair” defined.

703.019              “Commenter” defined.

703.020              “Commission” defined.

703.025              “Commissioner” defined.

703.030              “Commission’s staff” defined.

703.033              “Competitive supplier” defined.

703.035              “Complaint” defined.

703.037              “Consumer’s Advocate” defined.

703.040              “Division of Consumer Complaint Resolution” defined.

703.044              “Electronic filing system” defined.

703.046              “Electronic Filing User’s Guide” defined.

703.050              “Hearing” defined.

703.051              “Hearing officer” defined.

703.052              “Incumbent local exchange carrier” defined.

703.053              “Intervener” defined.

703.055              “Motion” defined.

703.061              “Nonsystem document” defined.

703.070              “Party of record” and “party” defined.

703.075              “Person” defined.

703.080              “Petition” defined.

703.085              “Pleading” defined.

703.090              “Presiding officer” defined.

703.095              “Public utility” and “utility” defined.

703.097              “Rebuttal evidence” defined.

703.098              “Records management system” defined.

703.099              “Regulatory Operations Staff” defined.

703.100              “Secretary” defined.

703.1003            “Small-scale provider of last resort” defined.

703.1007            “System document” defined.

703.101              “Telecommunication” defined.

703.1015            “Telecommunication provider” and “telephone company” defined.

703.102              “Telecommunication service” and “telephone service” defined.

703.105              Scope; applicability of Nevada Rules of Civil Procedure.

703.110              Construction.

703.112              Severability.

703.115              Deviation from regulations.

703.120              Computation and extension of time.

703.125              Fees and remittances.

703.130              Public records.

703.132              Submission of documents: Format.

703.134              System documents.

703.136              Nonsystem documents.

703.138              Maintenance of documents in records management system.

703.140              Rejection of documents; effect of acceptance.

703.145              Receipt of documents by Commission.

703.155              General duties of Secretary.

703.158              Service lists.

703.160              Public notice of certain filings or proceedings.

703.162              Inclusion of certain information in application, tariff, complaint or petition.

703.163              Informal discovery meetings concerning applications for certain adjustments.

703.164              Consumer sessions.

APPLICATIONS FOR PRIVILEGES, RIGHTS AND AUTHORITY

Certificates of Public Convenience and Necessity: Public Utilities

703.170              Applicability.

703.175              General requirements.

703.180              Specific requirements for small-scale providers of last resort that are not competitive suppliers.

703.185              Specific requirements for electric companies.

703.190              Specific requirements for water utilities.

703.195              Specific requirements for wastewater utilities.

703.197              Specific requirements for annexations by existing water and wastewater utilities.

703.199              Annual requirements for water and wastewater utilities.

703.200              Specific requirements for water and sewer companies that are no longer exempt.

703.205              Specific requirements for gas companies.

Changes in Rates of Public Utilities Other Than Telecommunication Providers

703.2201            Definitions.

703.2205            Applicability.

703.2206            Certain public utilities furnishing water for municipal, industrial or domestic purposes or services for disposal of sewage: Waiver of requirement to file general rate application.

703.22065          Certain public utilities furnishing water for municipal, industrial or domestic purposes or services for disposal of sewage: Inclusion in general rate application of actual expenses to prepare and present application.

703.2207            Public utilities furnishing electricity, gas, or water or services for disposal of sewage: Notice of intent to file application for adjustments in rates.

703.22073          Public utilities furnishing water or service for disposal of sewage: Meeting with Regulatory Operations Staff before filing notice of intent to file application for adjustments in rates.

703.22075          Public utilities furnishing water or services for disposal of sewage: Use of certain factors in application; requests for certain rate increases and surcharges.

703.2208            Public utilities furnishing electricity, gas, or water or services for disposal of sewage: Submission of master document for request of data.

703.2209            Public utilities furnishing electricity, gas, or water or services for disposal of sewage: Meeting with Consumer’s Advocate and Regulatory Operations Staff before filing application.

703.2211            Information required in application.

703.2215            Information to be filed with application.

703.2221            Additional information.

703.2225            Illustrative format.

703.2231            Scope of presentation and preparation for hearing.

703.2235            Format of statements and schedules.

703.2241            Nonapplicable statements and schedules.

703.2245            Recorded data and adjustments.

703.2247            Statements of effects of expected changes in circumstances: Submission by certain natural gas utilities.

703.2251            Reliance on other data.

703.2255            Supporting data.

703.2261            Filing of information relating to deferred energy accounting.

703.2265            Filing requirements for utilities with annual gross operating revenues of $250,000 or more.

703.2271            Statement A.

703.2275            Statement B.

703.2281            Statement C.

703.2285            Statement D.

703.2291            Statement E.

703.2295            Statement F.

703.2301            Schedule F-1.

703.2305            Schedule F-2.

703.2311            Schedule F-3.

703.2315            Schedule F-4.

703.2321            Statement G.

703.2325            Schedule G-1.

703.2331            Schedule G-2.

703.2335            Schedule G-3.

703.2341            Schedule G-4.

703.2343            Schedule G-5.

703.2345            Statement H.

703.2351            Statement I.

703.2355            Statement J.

703.2361            Statement K.

703.2365            Schedule K-1.

703.2371            Schedule K-2.

703.2375            Schedule K-3.

703.2381            Schedule K-4.

703.2385            Schedule K-5.

703.2391            Schedule K-6.

703.2395            Schedule K-7.

703.2401            Statement L.

703.2405            Schedule L-1.

703.2411            Statement M.

703.2415            Schedule M-1.

703.2421            Schedule M-2.

703.2425            Schedule M-3.

703.2431            Schedule M-4.

703.2435            Schedule M-5.

703.2441            Statement N.

703.2443            Schedule N-1.

703.2445            Statement O.

703.2451            Statement P.

703.2452            Statement Q.

703.2461            Certified adjustments.

703.2481            Notice to public and customers.

Changes in Rates of Telecommunication Providers: General Provisions

703.2501            Definitions.

703.2502            “Access line” defined.

703.25022          “Completed application” defined.

703.25026          “Provider of last resort” defined.

703.2503            “Test year” defined.

703.25032          “Uniform System of Accounts” defined.

703.25034          “Unit” defined.

703.25036          “Unit rate” defined.

703.2504            Applicability.

703.2507            Notice of intent to file application for adjustment in rates.

703.2508            Submission of master document for request of data.

703.2509            Meeting with Consumer’s Advocate and Regulatory Operations Staff before filing application.

Changes in Rates of Telecommunication Providers: Competitive Suppliers That Are Incumbent Local Exchange Carriers

703.251              Applicability.

703.2511            Information required in application.

703.2515            Information to be filed with application.

703.2521            Additional information.

703.2525            Illustrative format.

703.2531            Scope of presentation and preparation for hearing.

703.2535            Format of statements and schedules.

703.2541            Nonapplicable statements and schedules.

703.2545            Recorded data and adjustments.

703.2551            Reliance on other data.

703.2555            Supporting data.

703.2561            Filing requirements.

703.2565            Statement A.

703.2571            Statement B.

703.2575            Statement C.

703.2581            Statement D.

703.2585            Statement E.

703.2591            Statement F.

703.2595            Statement G.

703.2601            Statement H.

703.2605            Statement I.

703.2611            Statement J.

703.2615            Statement K.

703.2621            Schedule K-1.

703.2625            Schedule K-2.

703.2631            Schedule K-3.

703.2635            Schedule K-4.

703.2641            Schedule K-5.

703.2645            Schedule K-6.

703.2651            Schedule K-7.

703.2655            Statement L.

703.2661            Statement M.

703.2665            Schedule M-1.

703.2671            Schedule M-2.

703.2675            Schedule M-3.

703.2681            Statement N.

703.2685            Statement O.

703.2687            Statement P.

703.2688            Statement Q.

703.2691            Certified adjustments.

703.2711            Notice to public and customers.

Changes in Rates of Telecommunication Providers: Small-Scale Providers of Last Resort That Are Not Competitive Suppliers

703.27116          Applicability.

703.27118          Information required in application for adjustments in rates.

703.2712            Scope of presentation and preparation for hearing.

703.27122          Recorded data and adjustments.

703.27124          Reliance on other data.

703.27126          Supporting data.

703.27128          Application for change in rates which results in general change in annual revenues.

703.2713            Service of application for change in rates; compliance with provisions regarding notice.

703.27132          Information required in application for change in rates.

703.27134          Review of application for change in rates by staff of Commission; report on consumer relations.

703.27136          Hearing on application for change in rates; submission of prepared testimony.

703.27138          Determination of appropriate return on common equity.

703.2714            Requests to establish or change rates for discretionary or competitive service.

703.27142          Deviation from regulations.

703.27144          Certified adjustments.

703.27146          Notice to public and customers.

Changes in Boundaries of Service Area: Competitive Suppliers That Are Providers of Last Resort

703.27148          Filing and contents of application.

703.27149          When application deemed approved.

Applications for Approval of New or Revised Depreciation Rates

703.2715            Applicability.

703.272              Application: Contents; action by Commission when filed as part of general rate application.

703.2725            Statements to be filed with application; index.

703.273              Request for additional information.

703.2735            Illustrative statements.

703.274              Sufficiency of application.

703.2745            Form of statements.

703.275              Data not presented in statements.

703.2755            Supporting data.

703.276              Study of depreciation.

703.2765            Statement A.

703.277              Statement B.

703.2775            Statement C.

703.278              Recording of approved rates.

Statements of Expected Changes in Circumstances

703.279              Effect of inclusion of statement with general rate application: Determination of return on equity.

703.2791            Identification and analysis of each specific event or program proposed as expected change in circumstances.

703.2792            Inclusion of relevant evidence and explanation.

703.2793            Filing of statement of updated revenue and expense data and explanation for each expected change in circumstances; use of updated data and data requests.

703.2794            Additional requirements when applicant certifies application for change in rates.

Negotiation, Arbitration and Approval of Interconnection Agreements for Telecommunication Services

703.280              Applicability.

703.284              Rights of parties and other interested persons or entities in proceedings.

703.286              Petition for arbitration; response to petitioner.

703.288              Negotiation of agreement through arbitration.

703.290              Petition for approval of mediated or negotiated agreement.

703.292              Petition for approval of statement of generally accepted terms.

703.294              Petition for mediation.

703.296              List for notification of service of process.

Tariffs: Public Utilities

703.375              Definitions.

703.380              Applicability.

703.385              Form of tariff.

703.390              Notices or letters of advice; reissued tariffs.

703.400              Tariff sheets; proposals to increase rates; effective date of change filed by letter of advice.

703.405              Exceptions.

703.410              Posting of schedules.

Construction of Utility Facilities

703.415              Applicability.

703.417              Definitions.

703.4175            “Western Interconnection” defined.

703.418              Declaration of purpose: “Water transmission lines” interpreted.

703.4182            Utility facilities: “Compressor stations” interpreted.

703.4184            Utility facilities: “Gas transmission lines” interpreted.

703.4186            Utility facilities: “Sewer transmission and treatment facilities” interpreted.

703.4188            Utility facilities: “Storage plants” interpreted.

703.4192            Utility facilities: “To supply water” and “treatment of water” interpreted.

703.4194            Utility facilities: “Water storage facilities” interpreted.

703.421              Application for permit when federal agency required to conduct environmental analysis.

703.423              Application for permit when no federal agency required to conduct environmental analysis; amended application after final environmental assessment or environmental impact statement issued by federal agency.

703.427              Expiration and renewal of permit.

Securities

703.430              Applicability.

703.435              Applications.

703.440              Exhibits.

703.441              Notice to grant or deny application.

703.443              Additional requirements for certain applications.

Railroad Crossings

703.445              Applicability.

703.450              Application to construct public highway across railroad.

703.455              Application to construct railroad track across public highway.

703.460              Alteration of existing crossing.

703.465              Agreement to apportion costs.

703.470              Service of application or complaint.

703.475              Action by Commission.

Subdivision of Land

703.476              Tentative map: Submission to and action by Commission’s staff.

703.477              Final map: Application for approval.

703.478              Final map: Verification of approval or disapproval by Commission.

PRACTICE BEFORE COMMISSION

General Provisions

703.481              Restrictions on certain communications with Commissioner or hearing officer while contested case is pending.

Hearing Officers

703.486              Appointment; reassignment of matter; revocation of appointment; proposed orders; appeal and review of decisions.

Parties and Commenters

703.490              Classification of parties.

703.491              Commenters: Conditions and scope of participation in proceedings.

703.492              Notice to parties; request for hearing.

703.495              Rights of Commission’s staff.

703.500              Rights of parties and commenters.

703.505              Appearances.

703.510              Representation: Generally; by attorney.

703.515              Restriction on former employee acting as representative or expert witness.

703.520              Withdrawal of representative.

703.525              Standards of conduct; exclusion for contumacious conduct.

Confidentiality of Information

703.527              Definitions.

703.5272            Applicability.

703.5274            Confidential treatment of information: Requests; procedures; responsibilities of Commission; hearings.

703.5276            Prepared testimony containing or addressing information designated as confidential.

703.5278            Contents of protective order issued with regard to information designated as confidential.

703.528              Appeal of determination by presiding officer regarding treatment of confidential information; disclosure of information not designated confidential.

703.5282            Disclosure of information designated as confidential; penalties.

Pleadings

703.530              Captions, amendments and construction of pleadings.

703.535              Applications: General requirements.

703.540              Petitions: General requirements.

703.546              Petition to adopt, amend or repeal regulation.

703.550              Motions: General requirements.

703.555              Responses to motions; replies to responses.

703.560              Pleadings: General requirements; effect of signature.

703.570              Answers: General requirements.

703.573              Answers to petitions.

703.577              Motions to dismiss certain applications involving rate increase.

Petitions for Leave to Intervene

703.578              “Association” defined.

703.580              Persons entitled to file petition.

703.585              Contents of petition.

703.590              Time for filing petition.

703.593              Response to petition; reply to response.

703.595              Standards for granting petition; standards for dismissing intervener.

703.600              Limitations on rights of certain interveners.

Service of Documents

703.610              Methods of service; duty to serve other parties; requests for personal service.

703.615              Proof of service.

Complaints

703.616              Disposition of oral complaints.

703.621              Written complaints.

703.626              Response to written complaint.

703.631              Investigation and recommendation by Division.

703.636              Transmittal of unresolved complaints to Commission.

703.641              Dismissal of complaint.

703.646              Public hearing; interim relief.

703.651              Complaints investigated directly by Commission.

Hearings

703.655              Prehearing conference.

703.662              Proposed change or addition to notice.

703.665              Location of hearing.

703.667              Objection by Commissioner to designation as presiding officer.

703.670              Continuances.

703.675              Failure of party to appear.

703.680              Discovery.

703.685              Witnesses and testimony.

703.690              Authority of presiding officer.

703.695              Order of proceedings; questions to clarify testimony and cross-examination of witnesses.

703.697              Hearing on proposed regulation.

703.700              Order requiring appearance of witness or compelling production of document.

703.702              Admissibility of evidence: Relevancy.

703.705              Objections concerning admissibility of evidence.

703.710              Prepared testimony.

703.712              Motion to strike testimony of witness.

703.715              Documentary evidence.

703.720              Resolutions offered into evidence.

703.722              Rebuttal evidence.

703.725              Additional evidence.

703.730              Receipt of evidence into record.

703.735              Rulings by presiding officer.

703.740              Consolidation.

703.745              Joint hearings with other agencies.

703.750              Stipulations regarding facts in issue.

703.752              Interim order.

703.755              Official notice.

703.760              Briefs.

703.765              Oral arguments.

703.770              Submission of matter for decision by Commission.

703.775              Reopening proceedings to receive additional evidence.

703.780              Proposed findings of fact and conclusions of law.

703.785              Orders of Commission: Proposed orders.

703.790              Orders of Commission: Date of issuance; effective date.

703.796              Orders of Commission: Compliance items.

703.801              Petition for reconsideration or rehearing.

703.820              Copies of transcripts.

Declaratory Orders and Advisory Opinions

703.825              Petition; hearings.

Settlements

703.845              Stipulations for settlement of issues.

MISCELLANEOUS PROVISIONS

703.910              Gas operators: Accident reporting requirements.

 

GENERAL PROVISIONS

      NAC 703.010  Definitions. (NRS 703.025, 704.210)  As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 703.015 to 703.102, inclusive, have the meanings ascribed to them in those sections.

     (Supplied in codification; A by Pub. Service Comm’n, 1-6-84; 3-19-87; A by Pub. Utilities Comm’n by R047-02, 10-24-2002; R107-07, 12-4-2007; R136-07, 1-30-2008; R036-09, 11-25-2009; R036-10, 12-16-2010)

      NAC 703.015  “Application” defined. (NRS 703.025, 704.210)  “Application” means a request for relief filed with the Commission as specified in NAC 703.535.

     [Pub. Service Comm’n, Gen. Order 3 § 3.010 subsec. 1, eff. 1-1-79]

      NAC 703.016  “Basic network service” defined. (NRS 703.025, 704.210)  “Basic network service” has the meaning ascribed to it in NAC 704.0054.

     (Added to NAC by Pub. Utilities Comm’n by R136-07, eff. 1-30-2008)

      NAC 703.0165  “Business line service” defined. (NRS 703.025, 704.210)  “Business line service” has the meaning ascribed to it in NAC 704.0056.

     (Added to NAC by Pub. Utilities Comm’n by R136-07, eff. 1-30-2008)

      NAC 703.017  “Business office” defined. (NRS 703.025, 704.210)  “Business office” means any office of a public utility which is frequented by and regularly opened to the public but not a bank or other agent authorized by the utility to accept, for the convenience of a customer, the payment of a bill of charges.

     (Added to NAC by Pub. Service Comm’n, eff. 3-19-87)

      NAC 703.018  “Chair” defined. (NRS 703.025, 704.210)  “Chair” means the Chair of the Commission.

     (Added to NAC by Pub. Utilities Comm’n by R047-02, eff. 10-24-2002)

      NAC 703.019  “Commenter” defined. (NRS 703.025, 704.210)  “Commenter” means a person who participates in a proceeding as a commenter pursuant to NAC 703.491.

     (Added to NAC by Pub. Utilities Comm’n by R047-02, eff. 10-24-2002)

      NAC 703.020  “Commission” defined. (NRS 703.025, 704.210)  “Commission” means the Public Utilities Commission of Nevada.

     [Pub. Service Comm’n, Gen. Order 3 § 3.010 subsec. 2, eff. 1-1-79]

      NAC 703.025  “Commissioner” defined. (NRS 703.025, 704.210)  “Commissioner” means a Public Utilities Commissioner appointed pursuant to chapter 703 of NRS.

     [Pub. Service Comm’n, Gen. Order 3 § 3.010 subsec. 3, eff. 1-1-79]

      NAC 703.030  “Commission’s staff” defined. (NRS 703.025, 704.210)  “Commission’s staff” means persons employed by the Commission.

     [Pub. Service Comm’n, Gen. Order 3 § 3.010 subsec. 4, eff. 1-1-79]

      NAC 703.033  “Competitive supplier” defined. (NRS 703.025, 704.210)  “Competitive supplier” has the meaning ascribed to it in NAC 704.0066.

     (Added to NAC by Pub. Utilities Comm’n by R136-07, eff. 1-30-2008)

      NAC 703.035  “Complaint” defined. (NRS 703.025, 704.210)  “Complaint” means a request for relief filed with:

     1.  The Division of Consumer Complaint Resolution as specified in NAC 703.621; or

     2.  The Commission as specified in NAC 703.651.

     [Pub. Service Comm’n, Gen. Order 3 § 3.010 subsec. 5, eff. 1-1-79]—(NAC A 1-6-84; 12-19-89; A by Pub. Utilities Comm’n by R047-02, 10-24-2002)

      NAC 703.037  “Consumer’s Advocate” defined. (NRS 703.025, 704.210)  “Consumer’s Advocate” has the meaning ascribed to it in NRS 228.304.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-84)

      NAC 703.040  “Division of Consumer Complaint Resolution” defined. (NRS 703.025, 704.210)  “Division of Consumer Complaint Resolution” is a division within the Commission established to receive and investigate complaints made against any public utility, to conduct appropriate investigations of practices of utility company services and to perform such other functions as are required by law or as the Commission deems appropriate.

     [Pub. Service Comm’n, Gen. Order 3 § 3.010 subsec. 6, eff. 1-1-79]

      NAC 703.044  “Electronic filing system” defined. (NRS 703.025, 704.210)  “Electronic filing system” means the program used to electronically accept certain information and fees submitted to the Commission.

     (Added to NAC by Pub. Utilities Comm’n by R107-07, eff. 12-4-2007)

      NAC 703.046  “Electronic Filing User’s Guide” defined. (NRS 703.025, 704.210)  “Electronic Filing User’s Guide” means the instructions for submitting documents through the electronic filing system.

     (Added to NAC by Pub. Utilities Comm’n by R107-07, eff. 12-4-2007)

      NAC 703.050  “Hearing” defined. (NRS 703.025, 704.210)  “Hearing” means any public proceeding that is noticed by the Commission in accordance with applicable statutes and includes an opportunity for all parties to present any written or oral testimony that the Commission considers relevant and material to the issues.

     [Pub. Service Comm’n, Gen. Order 3 § 3.010 subsec. 8, eff. 1-1-79]

      NAC 703.051  “Hearing officer” defined. (NRS 703.025, 704.210)  “Hearing officer” means a person who:

     1.  Is appointed by the Chair pursuant to NAC 703.486 to preside over and conduct hearings or other proceedings, or any portion thereof; and

     2.  Has the powers which are provided for in this chapter or which are otherwise conferred by the Commission with regard to a particular hearing or other proceeding.

     (Added to NAC by Pub. Utilities Comm’n by R047-02, eff. 10-24-2002)

      NAC 703.052  “Incumbent local exchange carrier” defined. (NRS 703.025, 704.210)  “Incumbent local exchange carrier” has the meaning ascribed to it in NAC 704.00861.

     (Added to NAC by Pub. Utilities Comm’n by R136-07, eff. 1-30-2008)

      NAC 703.053  “Intervener” defined. (NRS 703.025, 704.210)  “Intervener” means a person granted leave to intervene by the Commission pursuant to NAC 703.578 to 703.600, inclusive.

     (Added to NAC by Pub. Utilities Comm’n by R047-02, eff. 10-24-2002)

      NAC 703.055  “Motion” defined. (NRS 703.025, 704.210)  “Motion” means a request for relief filed with the Commission pursuant to NAC 703.550 or another specific regulation.

     [Pub. Service Comm’n, Gen. Order 3 § 3.010 subsec. 9, eff. 1-1-79]—(NAC A by Pub. Utilities Comm’n by R047-02, 10-24-2002)

      NAC 703.061  “Nonsystem document” defined. (NRS 703.025, 704.210)  “Nonsystem document” means a document submitted to the Commission in a manner other than through the electronic filing system.

     (Added to NAC by Pub. Utilities Comm’n by R107-07, eff. 12-4-2007)

      NAC 703.070  “Party of record” and “party” defined. (NRS 703.025, 704.210)  “Party of record” or “party” means an applicant, a complainant, a petitioner, a respondent, the Commission’s staff and its counsel, the Consumer’s Advocate or an intervener.

     [Pub. Service Comm’n, Gen. Order 3 § 3.010 subsec. 12, eff. 1-1-79]—(NAC A 1-6-84; A by Pub. Utilities Comm’n by R047-02, 10-24-2002)

      NAC 703.075  “Person” defined. (NRS 703.025, 704.210)  “Person” means any of the following:

     1.  A natural person.

     2.  Any form of business or social organization and any other nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust or unincorporated organization.

     3.  A government, a political subdivision of a government or an agency or instrumentality of a government or a political subdivision of a government.

     [Pub. Service Comm’n, Gen. Order 3 § 3.010 subsec. 13, eff. 1-1-79]—(NAC A by Pub. Utilities Comm’n by R047-02, 10-24-2002)

      NAC 703.080  “Petition” defined. (NRS 703.025, 704.210)  “Petition” means a request for relief made to the Commission pursuant to NAC 703.540.

     [Pub. Service Comm’n, Gen. Order 3 § 3.010 subsec. 14, eff. 1-1-79]

      NAC 703.085  “Pleading” defined. (NRS 703.025, 704.210)  “Pleading” means any application, petition, complaint, answer, motion or comment filed with the Commission in any proceeding.

     [Pub. Service Comm’n, Gen. Order 3 § 3.010 subsec. 15, eff. 1-1-79]—(NAC A 1-6-84; A by Pub. Utilities Comm’n by R047-02, 10-24-2002)

      NAC 703.090  “Presiding officer” defined. (NRS 703.025, 704.210)  “Presiding officer” means:

     1.  The Chair;

     2.  A Commissioner designated by the Chair to preside over and conduct hearings or other proceedings, or any portion thereof; or

     3.  A hearing officer appointed by the Chair to preside over and conduct hearings or other proceedings, or any portion thereof, if the Chair designates the hearing officer as the presiding officer for the hearings or proceedings.

     [Pub. Service Comm’n, Gen. Order 3 § 3.010 subsec. 16, eff. 1-1-79]—(NAC A 1-6-84; A by Pub. Utilities Comm’n by R047-02, 10-24-2002)

      NAC 703.095  “Public utility” and “utility” defined. (NRS 703.025, 704.210)  “Public utility” or “utility” means any business which the Commission is authorized to regulate pursuant to chapter 704 of NRS.

     [Pub. Service Comm’n, Gen. Order 3 § 3.010 subsec. 17, eff. 1-1-79]

      NAC 703.097  “Rebuttal evidence” defined. (NRS 703.025, 704.210)  “Rebuttal evidence” means evidence offered by the applicant, petitioner or complainant which must directly explain, repel, counteract or disprove facts offered in evidence by other parties of record who oppose the application, petition or complaint.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-84; A by Pub. Utilities Comm’n by R047-02, 10-24-2002)

      NAC 703.098  “Records management system” defined. (NRS 703.025, 704.210)  “Records management system” means the program used to electronically maintain certain information related to the Commission.

     (Added to NAC by Pub. Utilities Comm’n by R107-07, eff. 12-4-2007)

      NAC 703.099  “Regulatory Operations Staff” defined. (NRS 703.025, 704.210)  “Regulatory Operations Staff” means the Regulatory Operations Staff of the Commission.

     (Added to NAC by Pub. Utilities Comm’n by R036-10, eff. 12-16-2010)

      NAC 703.100  “Secretary” defined. (NRS 703.025, 704.210)  “Secretary” means the Secretary of the Commission or the Assistant Secretary of the Commission who is appointed pursuant to NRS 703.130.

     [Pub. Service Comm’n, Gen. Order 3 § 3.010 subsec. 18, eff. 1-1-79]

      NAC 703.1003  “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 NAC 704.00882.

     (Added to NAC by Pub. Utilities Comm’n by R136-07, eff. 1-30-2008)

      NAC 703.1007  “System document” defined. (NRS 703.025, 704.210)  “System document” means a document submitted to the Commission through the electronic filing system. It does not include a document submitted by electronic mail or other electronic or digital means outside of the electronic filing system.

     (Added to NAC by Pub. Utilities Comm’n by R107-07, eff. 12-4-2007)

      NAC 703.101  “Telecommunication” defined. (NRS 703.025, 704.210)  “Telecommunication” has the meaning ascribed to it in NAC 704.00883.

     (Added to NAC by Pub. Utilities Comm’n by R136-07, eff. 1-30-2008)

      NAC 703.1015  “Telecommunication provider” and “telephone company” defined. (NRS 703.025, 704.210)  “Telecommunication provider” or “telephone company” has the meaning ascribed to it in NAC 704.008835.

     (Added to NAC by Pub. Utilities Comm’n by R136-07, eff. 1-30-2008)

      NAC 703.102  “Telecommunication service” and “telephone service” defined. (NRS 703.025, 704.210)  “Telecommunication service” or “telephone service” has the meaning ascribed to it in NAC 704.00884.

     (Added to NAC by Pub. Utilities Comm’n by R136-07, eff. 1-30-2008)

      NAC 703.105  Scope; applicability of Nevada Rules of Civil Procedure. (NRS 703.025, 704.210)

     1.  The provisions of this chapter govern practice before the Commission.

     2.  To the extent that any action before the Commission is not covered by these provisions, the Commission may follow the applicable rule in the Nevada Rules of Civil Procedure.

     [Pub. Service Comm’n, Gen. Order 3 §§ 1.010 & 1.050, eff. 1-1-79]—(NAC A 1-6-84; 10-7-93)

      NAC 703.110  Construction. (NRS 703.025, 704.210)  The provisions of this chapter and any regulations incorporated by reference will be construed by the Commission or any presiding officer as to secure a just and speedy determination of the issues.

     [Pub. Service Comm’n, Gen. Order 3 § 1.040, eff. 1-1-79]

      NAC 703.112  Severability. (NRS 703.025, 704.210)  If any provision of this chapter or any application thereof to any person, thing or circumstance is held invalid, the Commission intends that such invalidity not affect the remaining provisions, or their application, that can be given effect without the invalid provision or application.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-84)

      NAC 703.115  Deviation from regulations. (NRS 703.025, 704.210)  The Commission or the presiding officer may allow deviation from the provisions 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 deviation is requested; and

     3.  The Commission finds that the deviation is in the public interest and is not contrary to statute.

     [Pub. Service Comm’n, Gen. Order 3 § 1.030, eff. 1-1-79]—(NAC A 1-6-84; A by Pub. Utilities Comm’n by R186-97, 1-30-98; R047-02, 10-24-2002; R010-05, 9-7-2005)

      NAC 703.120  Computation and extension of time. (NRS 703.025, 704.210)  Except as otherwise provided by law:

     1.  In computing any period prescribed or allowed by any regulation of the Commission, the day of the act, event or default from or after which the designated period begins to run is not included. The last day of the period so computed is included, but if it is a Saturday, Sunday or legal holiday, the period runs until the end of the next day which is not a Saturday, Sunday or legal holiday.

     2.  If an act is required or allowed under any regulation of the Commission, or any notice given thereunder, to be done within a specified period, the period will be extended by the Commission or the presiding officer, for good cause shown, upon a motion made before the specified period expires.

     [Pub. Service Comm’n, Gen. Order 3 §§ 14.010 & 14.040, eff. 1-1-79]—(NAC A 1-6-84; A by Pub. Utilities Comm’n by R047-02, 10-24-2002)

      NAC 703.125  Fees and remittances. (NRS 703.025, 704.210)  A fee or remittance by money order, bank draft or check to the Commission must be made payable to the “Public Utilities Commission of Nevada.” A remittance in currency or coin is acceptable but is sent wholly at the risk of the remitter, and the Commission assumes no responsibility for the loss of such a remittance. An application fee or other charge required by law must be paid to the Commission at the time of filing with the Commission.

     [Pub. Service Comm’n, Gen. Order 3 § 2.070, eff. 1-1-79]

      NAC 703.130  Public records. (NRS 703.025, 704.210)

     1.  Except as otherwise provided by law, all documents filed with the Commission become matters of public record as of the day and time of their filing. The Secretary, within reasonable limits of time and general expediency, shall permit members of the public to examine these public records.

     2.  Upon request, copies of public records will be made and a reasonable fee will be charged for the cost of reproduction. Copies of transcripts must first be requested from the court reporter or transcriber who made the transcript.

     [Pub. Service Comm’n, Gen. Order 3 § 2.080, eff. 1-1-79]—(NAC A 1-6-84)

      NAC 703.132  Submission of documents: Format. (NRS 703.025, 704.210)

     1.  Any document submitted to the Commission must be either a system document or a nonsystem document.

     2.  A person may provide to the Commission, the staff of the Commission and any party of record to a proceeding any additional, unofficial copies that are of a system or nonsystem document and that do not conform to the requirements of this chapter if the alternative format of those copies assists in communicating the information contained therein.

     (Added to NAC by Pub. Utilities Comm’n by R107-07, eff. 12-4-2007)

      NAC 703.134  System documents. (NRS 703.025, 704.210)

     1.  All system documents must be submitted in accordance with the Electronic Filing User’s Guide.

     2.  The Commission will send an electronic mail verifying the submission of a system document to the person who submits the system document.

     3.  A system document is deemed submitted:

     (a) For a system document submitted during the business hours of the Commission, at the date and time of the submission, as verified by the electronic filing system; and

     (b) For a system document submitted outside of the business hours of the Commission, at the start of the next business day of the Commission.

     4.  Any requirements related to a document are not waived by the rejection or nonreceipt of all or part of that document by the electronic filing system.

     (Added to NAC by Pub. Utilities Comm’n by R107-07, eff. 12-4-2007)

      NAC 703.136  Nonsystem documents. (NRS 703.025, 704.210)

     1.  Except as otherwise provided in subsection 2, in order for the Commission to scan a nonsystem document into the records management system, the document must:

     (a) Be typewritten in black ink or be prepared by another duplication process that will produce clear and permanent copies equally legible to printing;

     (b) Be unbound;

     (c) Not have external tabs or dividers; and

     (d) Be printed on one side of 18 to 24 pound white paper that is 8 1/2 by 11 inches in size.

     2.  The requirements of subsection 1 do not apply if:

     (a) The document is submitted pursuant to NAC 703.5274, in which case the requirements of NAC 703.5274 must be followed; or

     (b) A person wishes to use an alternative format for the document, the person requests the use of the alternative format for the document before submitting it and the Commission agrees to the alternative format, in which case hard copies that are clearly legible must be provided in the alternative format to the Commission, the Regulatory Operations Staff and any party of record to the proceeding.

     (Added to NAC by Pub. Utilities Comm’n by R107-07, eff. 12-4-2007; A by R036-10, 12-16-2010)

      NAC 703.138  Maintenance of documents in records management system. (NRS 703.025, 704.210)  All documents submitted to the Commission will be maintained in the records management system, except those documents submitted pursuant to NAC 703.5274.

     (Added to NAC by Pub. Utilities Comm’n by R107-07, eff. 12-4-2007)

      NAC 703.140  Rejection of documents; effect of acceptance. (NRS 703.025, 704.210)  A document which is not in compliance with the provisions of this chapter or applicable statutes may be rejected. If rejected, that document will be returned with an indication of its deficiencies. The acceptance of a document for filing is not a determination that the document complies with all regulations of the Commission and is not a waiver of those regulations.

     [Pub. Service Comm’n, Gen. Order 3 § 2.060, eff. 1-1-79]—(NAC A 1-6-84)

      NAC 703.145  Receipt of documents by Commission. (NRS 703.025, 704.210)  A document is considered officially received by the Commission only if it is:

     1.  Filed at the Commission’s office in Carson City or Las Vegas and addressed to the Secretary of the Commission;

     2.  Presented to the Commission during a hearing; or

     3.  Filed through the electronic filing system.

     [Pub. Service Comm’n, Gen. Order 3 § 2.050, eff. 1-1-79]—(NAC A 12-2-91; A by Pub. Utilities Comm’n by R047-02, 10-24-2002; R107-07, 12-4-2007)

      NAC 703.155  General duties of Secretary. (NRS 703.025, 704.210)

     1.  The Secretary has custody of the minutes of the Commission’s proceedings, of its regulations and of all other records of the Commission, including its administrative orders. Orders of the Commission will be authenticated or signed by the Secretary or by another person authorized by the Commission.

     2.  The Secretary will maintain a hearing calendar of all scheduled hearings at the Commission’s office in Carson City and in its branch office in Las Vegas. The hearing calendar is available for public inspection at all times.

     3.  The Secretary will maintain a docket of all matters pending before the Commission and will assign an appropriate docket number to each new matter. The docket is available at the Commission’s office in Carson City for public inspection.

     [Pub. Service Comm’n, Gen. Order 3 §§ 2.020-2.040, eff. 1-1-79]

      NAC 703.158  Service lists. (NRS 703.025, 704.210)

     1.  The Commission will maintain one or more service lists for proceedings before the Commission, including, without limitation, a service list that applies to all proceedings before the Commission.

     2.  Except as otherwise provided in subsection 3, a person may submit to the Secretary a written request to be placed on one or more service lists maintained by the Commission. If a person makes such a request, the Secretary will send the person either copies or electronic mail notification of all notices and orders issued by the Commission or a presiding officer in all proceedings to which the service lists apply for at least 6 months after the date of the request, or until the conclusion of a docket for matters which continue for more than 6 months. A person may submit to the Secretary a written request to renew the person’s placement on the service list.

     3.  The Nevada Press Association, or any successor in interest to that organization, will be placed permanently on the service lists maintained by the Commission, unless it requests to be removed from the service lists.

     4.  A person on a service list is responsible for notifying the Secretary in writing of any changes in the electronic or physical address contact information for that person.

     (Added to NAC by Pub. Utilities Comm’n by R047-02, eff. 10-24-2002; A by R116-03, 10-30-2003; R107-07, 12-4-2007)

      NAC 703.160  Public notice of certain filings or proceedings. (NRS 703.025, 703.320, 703.380, 704.210)

     1.  The Secretary shall cause public notice of each filing or proceeding described in subsection 10 to be published in the manner prescribed in this section. The publisher of the public notice shall, not later than 5 days after publication of the notice, provide to the Commission proof of the publication of the notice. The proof must include:

     (a) The name of the newspaper in which the notice was published;

     (b) The name of the county in which the notice was published;

     (c) A statement signed by the publisher that the newspaper in which the notice was published is a newspaper of general circulation in the county in which the notice was published; and

     (d) The date of the publication of the notice.

     2.  Except as otherwise provided in this section, if the Secretary determines that the filing or proceeding will have:

     (a) A statewide effect, the Secretary shall cause the public notice to be published once in four or more newspapers of general circulation in this State, no two of which are published in the same county.

     (b) An effect on a limited number of counties, the Secretary shall cause the public notice to be published once in a newspaper of general circulation in each county affected. If there is no newspaper published in an affected county, the Secretary shall cause the public notice to be published once in a newspaper of general circulation in an adjoining county.

     3.  The Secretary will post each business day on the Internet website of the Commission a current list of all public notices published pursuant to this section.

     4.  The public notice must be an advertisement which is not less than 1 column inch by 3 inches, with a border on all sides, and must include, as appropriate:

     (a) At the beginning of the notice, a title that generally describes the relief requested or the type of proceeding scheduled;

     (b) The name of the applicant, complainant or petitioner or the name of the agent for the applicant, complainant or petitioner;

     (c) A brief description of the purpose of the filing or proceeding, including, without limitation, a clear and concise introductory statement that summarizes the relief requested or the type of proceeding scheduled and the effect of the relief or proceeding upon consumers;

     (d) The location where the filing is on file for the public or the location and time for the proceeding; and

     (e) The date by which persons must file comments, notices of intent to participate as a commenter or petitions for leave to intervene with the Commission.

Ê The public notice must be published prominently so that it is reasonably calculated to notify affected persons.

     5.  If the notice is:

     (a) A public notice for a hearing, the Secretary shall cause the notice of hearing to be:

          (1) Served on each party and published at least 10 days before the hearing is held; and

          (2) Posted at the principal office of the Commission at least 3 days before the hearing is held.

     (b) For a filing or a proceeding other than a hearing, the Secretary shall cause the public notice to be published in the appropriate newspapers not less than 3 working days before the proposal in the filing becomes effective or the proceeding is held.

     6.  The applicant, complainant or petitioner shall timely pay the cost of the publication. If the applicant, complainant or petitioner fails to timely pay the cost of the publication, the Commission may, after notice and an opportunity to be heard and upon due consideration of all relevant circumstances, dismiss the applicable filing without prejudice, seek an administrative fine pursuant to NRS 703.380, or both dismiss the applicable filing without prejudice and seek an administrative fine.

     7.  On a weekly basis, the Commission will cause to be published a summary of public notices concerning the filings and proceedings described in subsection 10. The summary of public notices will be published in the Sunday edition of a newspaper of general circulation in Carson City and such other newspapers as determined by the Secretary.

     8.  If public notice of a filing or proceeding is published by the Secretary pursuant to this section, the Secretary’s notice shall be deemed to be legally sufficient public notice of the filing or proceeding, even if public notice in the summary of public notices is deficient or fails to be published pursuant to this section.

     9.  If public notice of a filing or proceeding is published in the summary of public notices pursuant to this section, the public notice in the summary of public notices shall be deemed to be legally sufficient public notice of the filing or proceeding, even if the Secretary’s public notice is deficient or fails to be published pursuant to this section.

     10.  Except as otherwise provided pursuant to subsection 12, the provisions of this section apply to the following filings or proceedings:

     (a) An application or tariff filing involving any authorization, expansion, reduction or curtailment of services, facilities or authority, any increase in rates, fares or charges, or any change in regulations.

     (b) A complaint filed with the Commission pursuant to NAC 703.651.

     (c) A petition.

     (d) A prehearing conference.

     (e) A workshop.

     (f) A consumer session.

     (g) A hearing.

     11.  The provisions of this section do not apply to a quarterly adjustment to a base tariff energy rate or a quarterly adjustment to a deferred energy accounting adjustment made pursuant to NRS 704.110.

     12.  The provisions of this section do not apply to a petition submitted to the Commission pursuant to NAC 703.290.

     [Pub. Service Comm’n, Gen. Order 3 § 9.040, eff. 1-1-79]—(NAC A 1-6-84; A by Pub. Utilities Comm’n by R047-02, 10-24-2002; R116-03, 10-30-2003; R202-05, 11-13-2006; R071-07, 10-31-2007; R136-07, 1-30-2008; R068-09, 11-25-2009; R076-11, 5-30-2012)

      NAC 703.162  Inclusion of certain information in application, tariff, complaint or petition. (NRS 703.025, 704.210)  A person who causes an application, tariff filing, complaint or petition described in paragraphs (a), (b) and (c) of subsection 10 of NAC 703.160 to be filed with the Commission must include in the application, tariff, complaint or petition:

     1.  A draft of the public notice that complies with the provisions of paragraphs (a), (b) and (c) of subsection 4 of NAC 703.160; and

     2.  A statement indicating whether a consumer session is required to be held pursuant to NRS 704.069.

     (Added to NAC by Pub. Utilities Comm’n by R116-03, eff. 10-30-2003; A by R136-07, 1-30-2008)

      NAC 703.163  Informal discovery meetings concerning applications for certain adjustments. (NRS 703.025, 704.210)  Not later than 14 days before a utility files:

     1.  An application for an adjustment to a general rate pursuant to NAC 703.2201 to 703.2481, inclusive, or 703.251 to 703.2711, inclusive;

     2.  An application for a deferred energy accounting adjustment pursuant to NAC 704.116; or

     3.  A rate adjustment application for customers of natural gas service pursuant to NAC 704.6679,

Ê the applicant, the Regulatory Operations Staff and the Bureau of Consumer Protection in the Office of the Attorney General shall hold an informal discovery meeting.

     (Added to NAC by Pub. Utilities Comm’n by R010-05, eff. 9-7-2005; A by R036-10, 12-16-2010)

      NAC 703.164  Consumer sessions. (NRS 703.025, 704.210)

     1.  In addition to the consumer sessions required by statute, the Commission may schedule one or more consumer sessions in any proceeding before the Commission, including, without limitation, any proceeding involving changes to schedules and rates, if the Commission determines that such consumer sessions are in the public interest.

     2.  The Commission will schedule each consumer session required by statute and each consumer session required by the Commission for a time and place that is intended for the convenience of the public.

     3.  The Commission will issue a press release before each consumer session required by statute that includes the time, date, place and purpose of the session.

     4.  If a consumer session required by statute or a consumer session required by the Commission is related to a filing made by a public utility, each public utility that is a party to the case shall:

     (a) Provide notice of the time, place and purpose of the consumer session directly to each of its customers as an insert in the bill of charges it sends to each customer or by any other practicable method approved by the Commission;

     (b) Send the notice not less than 10 days before the scheduled date of the consumer session;

     (c) Make the arrangements for and secure the location of the consumer session; and

     (d) Be responsible for any costs incurred by the Commission as a result of the consumer session.

     5.  If a consumer session required by statute or a consumer session required by the Commission is a general consumer session on issues concerning public utilities, the Commission will:

     (a) Make the arrangements for and secure the location of the consumer session;

     (b) Be responsible for any costs incurred as a result of the consumer session; and

     (c) Determine which public utilities must provide notice of the consumer session, and each such utility shall:

          (1) Provide notice of the time, place and purpose of the consumer session directly to each of its customers; and

          (2) Send the notice not less than 10 days before the scheduled date of the consumer session.

     (Added to NAC by Pub. Utilities Comm’n by R047-02, eff. 10-24-2002; A by R116-03, 10-30-2003)

APPLICATIONS FOR PRIVILEGES, RIGHTS AND AUTHORITY

Certificates of Public Convenience and Necessity: Public Utilities

      NAC 703.170  Applicability. (NRS 703.025, 704.210)  The provisions of NAC 703.170 to 703.205, inclusive, apply to an application by a public utility for a certificate to begin operations as a public utility or to construct or extend its plant or system in such a manner as to require certification under NRS 704.3296 to 704.410, inclusive.

     [Pub. Service Comm’n, Gen. Order 3 § 19.010, eff. 1-1-79]—(NAC A 1-6-84; A by Pub. Utilities Comm’n by R043-06, 12-7-2006)

      NAC 703.175  General requirements. (NRS 703.025, 704.210)  An applicant for a certificate of public convenience and necessity must, in addition to complying with the provisions of NAC 703.530 to 703.615, inclusive, submit the following data, either in the application or as exhibits attached to it:

     1.  A full description of the proposed construction or extension and the manner in which it will be constructed.

     2.  The names and addresses of all utilities, corporations, persons or other entities, whether publicly or privately operated, with which the proposed service or construction is likely to compete and of the cities or counties within which service will be rendered under the requested certificate. The application must contain a certification that a copy of the application has been served upon or mailed to each entity named.

     3.  A legible map of suitable scale indicating townships, ranges and sections, and showing the location or route of the proposed construction or extension and its relation to other public utilities, corporations, persons or entities with which the proposal is likely to compete.

     4.  A statement identifying the franchise and the permits for health and safety that appropriate public authorities require for the proposed construction or extension. If a construction permit is required under NRS 704.820 to 704.900, inclusive, application must also be made under NAC 703.415 to 703.427, inclusive.

     5.  Facts showing that public convenience and necessity requires or will require the proposed construction or extension.

     6.  A statement detailing the estimated cost of the proposed construction or extension and the estimated annual costs, both fixed and operating, associated with the proposal, including statements or exhibits showing that the proposed construction is in the public interest and that it is economically feasible.

     7.  Statements or exhibits showing the financial ability of the applicant to render the proposed service and information regarding the manner in which the applicant proposes to finance the cost of the proposed construction or extension, including a copy of its most recent balance sheet and statement of income.

     8.  A statement of the proposed rates to be charged for service to be rendered by means of the proposed construction or extension, the rules governing service in the form of a tariff, an estimate of the number of customers to be served and an estimate of the annual revenue to be received from those customers.

     9.  If the applicant is a corporation, a list of:

     (a) The shareholders holding 2 percent or more of the issued shares of stock of the corporation and the number of shares they hold listed by class.

     (b) The number of shares of stock, listed by class, held directly by all executive officers of the corporation, including the president, vice president, secretary, treasurer and any other person in a position of similar responsibility, and the number of shares held indirectly by those officers pursuant to an ownership plan for employees.

     10.  Such additional information as is necessary for a full understanding of the application.

     [Pub. Service Comm’n, Gen. Order 3 part § 19.020, eff. 1-1-79]—(NAC A 1-6-84; A by Pub. Utilities Comm’n by R188-03, 7-16-2004; R043-08, 9-18-2008)

      NAC 703.180  Specific requirements for small-scale providers of last resort that are not competitive suppliers. (NRS 703.025, 704.210)  In the case of a small-scale provider of last resort that is not a competitive supplier, in addition to all other applicable requirements of NAC 703.175, an application must include the estimated number of customers and the estimated revenue to be recovered from those customers by the small-scale provider of last resort for the first 5 years of operation.

     [Pub. Service Comm’n, Gen. Order 3 part § 19.020, eff. 1-1-79]—(NAC A 9-13-85; A by Pub. Utilities Comm’n by R136-07, 1-30-2008; R040-08, 9-18-2008)

      NAC 703.185  Specific requirements for electric companies. (NRS 703.025, 704.210)  In the case of an electric company, in addition to all other applicable requirements of NAC 703.175, an application must include:

     1.  Load and resource data setting forth recorded and estimated loads (energy and demands), available capacity and margins for 2 years of actual and 3 years of estimated, on the basis of an average year.

     2.  The effective operating capacity of generating plants which have been rated and planned additions for the next 3 years.

     3.  The estimated capital and operating costs of any proposed generating plant.

     4.  The estimated number of customers to be served and their requirements for the first 5 years of operation.

     [Pub. Service Comm’n, Gen. Order 3 part § 19.020, eff. 1-1-79]

      NAC 703.190  Specific requirements for water utilities. (NRS 703.025, 704.210, 704.355)

     1.  In the case of a water utility, in addition to all applicable requirements of NAC 703.175, an application must include the following information regarding its technical, managerial and financial capability to operate the system in a reliable manner and provide continuous and adequate service to its customers:

     (a) To demonstrate technical capability, the applicant must provide:

          (1) Evidence that there is a need for a water utility.

          (2) Written agreements or statements from property owners, approved subdivision maps and any other documentation that demonstrates the need for water service in the area for which the certificate is requested.

          (3) Evidence that any required construction or operating permit from other state and local agencies has been obtained and is in effect, or that an application for such a permit has been submitted to other state and local agencies and the date of its anticipated issuance.

          (4) A plan that demonstrates the continuing ability of the utility to meet the needs, relating to water resources, of the entire service area to be served by the utility. In lieu of such a plan, the utility may provide information which demonstrates that the utility has adequate resources to meet such needs, including, without limitation:

               (I) Copies of all documents evidencing water rights and accompanying maps.

               (II) Hydrological data defining the reliability of the source.

               (III) Any additional information which is necessary to demonstrate the ability of the utility to meet those needs.

          (5) An estimate of the number of customers that will be served in the proposed service area during the first 5 years of service, and the estimated number of customers at build-out of the proposed service area.

          (6) A full description of the proposed water system, including the proposed normal operating and emergency standby water facilities to serve the area for which the certificate is sought.

          (7) If the utility facilities will be phased in as customers are added, a description of the phasing thresholds for each utility facility that will be phased in.

     (b) To demonstrate managerial capability, the applicant must provide:

          (1) An operations and maintenance plan for the proposed water utility, including, without limitation:

               (I) The contact information for all principal managers, certified operators and customer service representatives of the system;

               (II) The normal procedures for maintenance used to ensure the proper operation of the system; and

               (III) A plan describing how worn-out utility facilities will be replaced.

          (2) A standard operating procedure for all employee communications not covered by the proposed tariff.

          (3) A training protocol for all employees.

          (4) Evidence that the applicant will maintain its books and records consistent with the system of accounts established by the National Association of Regulatory Utility Commissioners for water utilities.

     (c) To demonstrate financial capability, the applicant must provide:

          (1) An explanation of whether and to what extent customers will directly or indirectly make contributions to the costs of the facilities of the proposed water system. The explanation must indicate whether the applicant intends to assess charges or has assessed charges for the extension of any lines and whether the price of lots or units in the proposed service area will reflect the cost of the investment in the proposed system.

          (2) Evidence that the proposed revenues from reasonable rates will give the applicant an opportunity to earn a fair return on its regulated rate base.

          (3) A statement of the estimated operating revenues and expenses, including taxes and depreciation, for the first 5 years of operation in the proposed service area for each major class of service. If the applicant anticipates that the system will initially operate at a loss, the statement must identify the sources of money that will be used to sustain the operation of the system during that initial period.

          (4) A depreciation schedule for the different water treatment facilities.

          (5) A method for replacing rate base when the utility facility reaches the end of its service life.

          (6) A copy of a performance bond or other suitable assurance deposited with the Federal Government or local government to guarantee construction of any improvements or infrastructure required for approval of final subdivision maps.

     2.  In addition to the information required by subsection 1, a water utility must include in its application for a certificate of public convenience and necessity:

     (a) If the application is for an initial certificate to provide water service, proof that the utility inquired of each utility, person or other entity, whether publicly or privately operated, including, without limitation, a county water district, a public utility or municipal utility district, and any other water or utility district with which the proposed water service is likely to compete and each city or county within which the water service will be rendered under the requested certificate, whether the entity is ready, willing and able to provide the water service in the geographic area proposed by the applicant for the certificate. The application must set forth in detail the results of each inquiry.

     (b) If the application is for a certificate to establish or extend water service within a county water district, a public utility or municipal utility district, any other water or utility district, or any other area that is served by such a district, the name and address of the district and certification that a copy of the application has been served upon or mailed to the district.

     [Pub. Service Comm’n, Gen. Order 3 part § 19.020, eff. 1-1-79]—(NAC A 1-6-84; A by Pub. Utilities Comm’n by R054-97, 11-14-97; R043-06, 12-7-2006; R043-08, 9-18-2008)

      NAC 703.195  Specific requirements for wastewater utilities. (NRS 703.025, 704.210, 704.355)

     1.  In the case of a wastewater utility, in addition to all other applicable requirements of NAC 703.175, an application must include the following information regarding its technical, managerial and financial capability to operate the system in a reliable manner and provide continuous and adequate service to its customers:

     (a) To demonstrate technical capability, the applicant must provide:

          (1) Evidence that there is a need for a wastewater utility.

          (2) Written agreements or statements from property owners, approved subdivision maps and any other documentation that demonstrates the need for wastewater service in the area for which the certificate is requested.

          (3) Evidence that any required construction or operating permit from other state and local agencies has been obtained and is in effect, or that an application for such a permit has been submitted to other state and local agencies and the date of its anticipated issuance.

          (4) A plan that demonstrates the continuing ability of the utility to meet the needs, relating to wastewater treatment and disposal, of the entire service area to be served by the utility.

          (5) An estimate of the number of customers that will be served in the proposed service area during the first 5 years of service, and the estimated number of customers at build-out of the proposed service area.

          (6) A full description of the proposed wastewater system, including the proposed normal operating and emergency standby wastewater facilities to serve the area for which the certificate is sought.

          (7) If the utility facilities will be phased in as customers are added, a description of the phasing thresholds for each utility facility that will be phased in.

     (b) To demonstrate managerial capability, the applicant must provide:

          (1) An operations and maintenance plan for the proposed wastewater utility, including, without limitation:

               (I) The contact information for all managers, certified operators and customer service representatives of the system.

               (II) The normal procedures for maintenance used to ensure the proper operation of the system.

               (III) A plan describing how worn-out utility facilities will be replaced.

          (2) A standard operating procedure for all employee communications not covered by the proposed tariff.

          (3) A training protocol for all employees.

          (4) Evidence that the applicant will maintain its books and records consistent with the system of accounts established by the National Association of Regulatory Utility Commissioners for wastewater utilities.

     (c) To demonstrate financial capability, the applicant must provide:

          (1) An explanation of whether and to what extent customers will directly or indirectly make contributions to the costs of the facilities of the proposed wastewater system. The explanation must include an indication of whether the applicant intends to assess charges for the extension of any lines and whether the price of lots or units in the proposed service area will reflect the cost of the investment in the proposed system.

          (2) Evidence that the proposed revenues from reasonable rates will give the applicant an opportunity to earn a fair return on its regulated rate base.

          (3) A statement of the estimated operating revenues and expenses, including taxes and depreciation, for the first 5 years of operation in the proposed service area for each major class of service. If the applicant anticipates that the system will initially operate at a loss, the statement must identify the sources of money that will be used to sustain the operation of the system during that initial period.

          (4) A depreciation schedule for the different wastewater treatment facilities.

          (5) A method for replacing rate base when the utility facility reaches the end of its service life.

          (6) A copy of a performance bond or other suitable assurance deposited with the Federal Government or local government to guarantee construction of any improvements or infrastructure required for approval of final subdivision maps.

     2.  In addition to the information required by subsection 1, a wastewater utility must include in its application for a certificate of public convenience and necessity:

     (a) If the application is for an initial certificate to provide wastewater service, proof that the utility inquired of each utility, person or other entity, whether publicly or privately operated, including, without limitation, a county sewer district, a public utility or municipal utility district, and any other sewer or utility district with which the proposed wastewater service is likely to compete and each city or county within which the wastewater service will be rendered under the requested certificate, whether the entity is ready, willing and able to provide the wastewater service in the geographic area proposed by the applicant for the certificate. The application must set forth in detail the results of each inquiry.

     (b) If the application is for a certificate to establish or extend wastewater service within a county sewer district, a public utility or municipal utility district, any other sewer or utility district or any other area that is served by such a district, the name and address of the district and certification that a copy of the application has been served upon or mailed to the district.

     [Pub. Service Comm’n, Gen. Order 3 part § 19.020, eff. 1-1-79]—(NAC A 1-6-84; A by Pub. Utilities Comm’n by R043-06, 12-7-2006; R043-08, 9-18-2008)

      NAC 703.197  Specific requirements for annexations by existing water and wastewater utilities. (NRS 703.025, 704.210)  In the case of an annexation by an existing water or wastewater utility, in addition to all other applicable requirements of NAC 703.175, an application for a certificate of public convenience and necessity must include:

     1.  The information required by NAC 703.190 or 703.195, as it pertains to the service area to be annexed; and

     2.  The anticipated effect, if any, that the annexation will have on the ability of the utility to provide reasonable and adequate service and facilities to its existing customers.

     (Added to NAC by Pub. Utilities Comm’n by R043-06, eff. 12-7-2006)

      NAC 703.199  Annual requirements for water and wastewater utilities. (NRS 703.025, 704.210)  After obtaining an initial certificate of public convenience and necessity to begin operations as a public utility, a water or wastewater utility shall submit, with its annual report filed with the Commission pursuant to NRS 703.191, information showing that the conditions set forth in subsections 3 to 6, inclusive, of NRS 445A.540 or subsections 4, 5, 6 and 8 of NRS 445A.895 have been met.

     (Added to NAC by Pub. Utilities Comm’n by R043-06, eff. 12-7-2006)

      NAC 703.200  Specific requirements for water and sewer companies that are no longer exempt. (NRS 703.025, 704.210)  In the case of an application by a water or sewer company that is no longer exempt under NRS 704.021, in addition to the information required by NAC 703.175 and 703.190 or 703.195, an application must include:

     1.  A balance sheet as of the date the utility reached the statutory jurisdictional requirements of gross revenues and number of customers of NRS 704.021.

     2.  A schedule of accounts showing the original cost of any plant in service as of the date of the balance sheet or an estimate of the cost of any plant proposed by a new water company, or both a schedule of accounts and an estimate of costs.

     3.  A depreciation schedule by account for each plant showing the method and rate of depreciation, and accumulated depreciation as of the date of the balance sheet.

     4.  An operating statement for the most recent 12-month period ending on the date of the balance sheet, showing operating revenues and expenses.

     5.  A statement showing the number of customers being served as of the date of the balance sheet.

     6.  A statement of the rates for service charged by the utility from the date of the utility’s inception to and including the date of filing of the application for a certificate. Rates for service may not be increased without an order of the Commission that approves the new rates after the utility has reached the jurisdictional requirements of gross revenues and number of customers set forth in NRS 704.021. An application pursuant to the provisions established for pleadings and motions and the requirements for public utilities requesting adjustments in rates must be filed if the utility proposes to increase its existing rates or charges. No application may be filed pursuant to NRS 704.100 until the utility has been issued a certificate of public convenience and necessity by the Commission.

     [Pub. Service Comm’n, Gen. Order 3 part § 19.020, eff. 1-1-79]—(NAC A 3-19-87; A by Pub. Utilities Comm’n by R079-99, 11-16-99)

      NAC 703.205  Specific requirements for gas companies. (NRS 703.025, 704.210)  In the case of a utility which transmits or distributes natural gas or liquefied petroleum, in addition to the information required by NAC 703.175, an application must include:

     1.  The estimated number of customers and their estimated requirements for the first 5 years of operation. These requirements must be categorized by priorities as set forth in NAC 704.501.

     2.  A statement of the current sources of supply of natural gas and an estimate of the sources of supply of natural gas for the first 5 years of operation. These sources must be delineated by quantity or availability and, to the extent possible, by costs associated with delivery.

     3.  A description of all the utility’s existing or planned facilities for storage and compression of natural gas.

     [Pub. Service Comm’n, Gen. Order 3 part § 19.020, eff. 1-1-79]—(NAC A 1-6-84)

Changes in Rates of Public Utilities Other Than Telecommunication Providers

      NAC 703.2201  Definitions. (NRS 703.025, 704.210)  As used in NAC 703.2201 to 703.2481, inclusive, unless the context otherwise requires:

     1.  “Uniform system of accounts” means uniform system of accounts prescribed for public utilities and licensees, classes A, B, C and D, which were published by the Federal Energy Regulatory Commission and adopted by reference in NAC 704.650.

     2.  “Unit” means the quantitative measurement of an item, or level of use, consumption or effort.

     3.  “Unit rate” is that rate which when multiplied by the number of units within a given period results in the aggregate dollar amount applicable to that period.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 2, eff. 10-14-82]—(NAC A 1-5-89; 7-7-94; A by Pub. Utilities Comm’n by R049-06, 11-13-2006; R043-08, 9-18-2008)

      NAC 703.2205  Applicability. (NRS 703.025, 704.210)  The provisions of NAC 703.2201 to 703.2481, inclusive, apply to all public utilities:

     1.  Which produce, deliver or furnish electricity or gas; and

     2.  Which furnish water or services for the disposal of sewage, or both, and are not subject to the provisions of NAC 704.570 to 704.628, inclusive, under the jurisdiction of the Commission.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 1, eff. 10-14-82]—(NAC A 1-6-84; 10-26-84; 1-5-89; A by Pub. Utilities Comm’n by R047-02, 10-24-2002; R043-08, 9-18-2008; R103-07, 10-27-2009; R036-10, 12-16-2010)

      NAC 703.2206  Certain public utilities furnishing water for municipal, industrial or domestic purposes or services for disposal of sewage: Waiver of requirement to file general rate application. (NRS 703.025, 704.110, 704.210)  The Commission may, upon the request of a public utility that furnishes water for municipal, industrial or domestic purposes or services for the disposal of sewage, or both, and would otherwise be required to file a general rate application pursuant to paragraph (c) or (d) of subsection 3 of NRS 704.110, waive that requirement if the public utility demonstrates that the cost of preparing and presenting the general rate application would exceed the increase, if any, in the amount of revenue that would be obtained if the general rate application were approved by the Commission. The public utility must file a petition requesting a waiver not later than 270 days before the date on which the public utility’s general rate application must otherwise be filed.

     (Added to NAC by Pub. Utilities Comm’n by R043-08, eff. 9-18-2008)

      NAC 703.22065  Certain public utilities furnishing water for municipal, industrial or domestic purposes or services for disposal of sewage: Inclusion in general rate application of actual expenses to prepare and present application. (NRS 703.025, 704.110, 704.210)

     1.  A public utility that furnishes water for municipal, industrial or domestic purposes or services for the disposal of sewage, or both, and files a general rate application pursuant to paragraph (c) or (d) of subsection 3 of NRS 704.110:

     (a) May include in the general rate application the actual expenses to prepare and present the application that are incurred by the public utility during the 6 months immediately following the test period; and

     (b) Must defer to a subsequent general rate application the actual expenses to prepare and present a general rate application that are incurred by the public utility more than 6 months after the test period.

     2.  As used in this section, “test period” means the 12 months shown in the general rate application for which the recorded results of the utility’s revenues, expenses, investments and costs of capital were available when the application was prepared.

     (Added to NAC by Pub. Utilities Comm’n by R043-08, eff. 9-18-2008)

      NAC 703.2207  Public utilities furnishing electricity, gas, or water or services for disposal of sewage: Notice of intent to file application for adjustments in rates. (NRS 703.025, 704.210)

     1.  A public utility that furnishes electricity, gas, or water or services for the disposal of sewage, or both, must provide written notice of its intent to file an application for adjustments in rates to:

     (a) The Assistant Secretary of the Commission;

     (b) The Regulatory Operations Staff; and

     (c) The Consumer’s Advocate.

     2.  The written notice must be filed at least 60 days before the anticipated date for filing the application for adjustments in rates. If the public utility files the written notice, it is not required to file the application for adjustments in rates on the anticipated filing date or any time thereafter.

     3.  The written notice must contain a list of the components on which the public utility expects to base its application for adjustments in rates, including:

     (a) Cost of capital;

     (b) Depreciation;

     (c) Cost of service, including any study of the cost of service;

     (d) Design of the proposed rates; and

     (e) Any other material issues known at the time the notice is filed.

     (Added to NAC by Pub. Service Comm’n, eff. 7-7-94; A by Pub. Utilities Comm’n by R043-08, 9-18-2008; R036-10, 12-16-2010)

      NAC 703.22073  Public utilities furnishing water or service for disposal of sewage: Meeting with Regulatory Operations Staff before filing notice of intent to file application for adjustments in rates. (NRS 703.025, 704.210)

     1.  Except as otherwise provided in NAC 703.400, a public utility that furnishes water or services for the disposal of sewage, or both, and which intends to file an application for adjustments in rates must meet with the Regulatory Operations Staff before filing a written notice of its intent to file an application for adjustments in rates pursuant to NAC 703.2207.

     2.  At the meeting, the Regulatory Operations Staff shall inform the public utility which of the statements and schedules prescribed under NAC 703.2265 to 703.2452, inclusive, need not accompany the application when it is filed with the Commission.

     (Added to NAC by Pub. Utilities Comm’n by R036-10, eff. 12-16-2010)

      NAC 703.22075  Public utilities furnishing water or services for disposal of sewage: Use of certain factors in application; requests for certain rate increases and surcharges. (NRS 703.025, 704.210)  A public utility that furnishes water or services for the disposal of sewage, or both, may:

     1.  Use the 1/8 formula method, as that term is defined in NAC 704.583, to calculate an allowance for cash working capital, as that term is defined in that section, in an application for adjustments in rates.

     2.  Use the range of reasonable returns on equity filed by the Regulatory Operations Staff pursuant to subsection 1 of NAC 704.582 in an application for adjustments in rates.

     3.  Submit an application requesting increases in its scheduled rates to offset increased costs of fuel or power used for pumping in its water or sewer operations, or both, as provided in NAC 704.595.

     4.  Request a rate surcharge to finance large additions or improvements to a plant, as provided in NAC 704.600.

     (Added to NAC by Pub. Utilities Comm’n by R036-10, eff. 12-16-2010)

      NAC 703.2208  Public utilities furnishing electricity, gas, or water or services for disposal of sewage: Submission of master document for request of data. (NRS 703.025, 704.210)

     1.  A public utility that furnishes electricity, gas, or water or services for the disposal of sewage, or both, which files an application for adjustments in rates must submit a master document for the request of data, together with answers to the questions contained in the document, to:

     (a) The Consumer’s Advocate; and

     (b) The Regulatory Operations Staff.

     2.  The public utility shall:

     (a) Submit the master document for the request of data, together with the answers, on the same date as it files the application for adjustments in rates.

     (b) Complete as much of the answers to the questions in the master document as possible given the available applicable data and any agreements for the confidentiality of information which have been executed.

     3.  Except as otherwise provided in this subsection, the master document for the request of data must be submitted in the illustrative format required by the Commission. The illustrative format for a particular master document for the request of data may be changed if the Consumer’s Advocate, the Regulatory Operations Staff and the public utility agree to the change. The illustrative format for the master document for the request of data may be obtained at the offices of the Commission.

     4.  The following entities may request the Commission to change the illustrative format for the master document for the request of data:

     (a) The Consumer’s Advocate;

     (b) The Regulatory Operations Staff; or

     (c) The public utility.

     5.  Any changes which the Commission makes to the illustrative format for the master document for the request of data do not apply to a master document for the request of data submitted by a public utility within 90 days after the Commission approves the changes.

     (Added to NAC by Pub. Service Comm’n, eff. 7-7-94; A by Pub. Utilities Comm’n by R036-10, 12-16-2010)

      NAC 703.2209  Public utilities furnishing electricity, gas, or water or services for disposal of sewage: Meeting with Consumer’s Advocate and Regulatory Operations Staff before filing application. (NRS 703.025, 704.210)

     1.  A public utility that furnishes electricity, gas, or water or services for the disposal of sewage, or both, which intends to file an application for adjustments in rates must meet with the Consumer’s Advocate and the Regulatory Operations Staff at least 20 days before the anticipated date for filing the application for adjustments in rates.

     2.  At the meeting, the public utility shall provide updated information regarding the application for adjustments in rates, including:

     (a) Cost of capital;

     (b) Depreciation;

     (c) Cost of service, including any study of the cost of service;

     (d) Design of the proposed rate; and

     (e) Any other material issues known at the time of the meeting.

     3.  At the meeting, those persons in attendance shall:

     (a) Develop guidelines for a preliminary plan for conducting audits. The guidelines must address all matters relating to the audit, including:

          (1) The timing of the audits and any necessary meetings to coordinate audits conducted at the site, whether within or outside the State, by the Regulatory Operations Staff and specialized personnel from the public utility and the Bureau of Consumer Protection.

          (2) The number of persons representing each interest who will participate in the audits.

          (3) The facilities and the supplies that the auditors will need at the locations of the audits.

     (b) Discuss a plan and schedule for discovery, and methods of minimizing the duplication of discovery requests.

     (c) Discuss the use of agreements for the confidentiality of information.

     (d) Discuss the review of computer models for data contained in the filing.

     (e) Determine which items on the master document for the request of data must be provided on a computer disc or other computer media, and which items must be provided on paper.

     (f) Discuss the need for and timing of future meetings, including:

          (1) A conference between the public utility, the Regulatory Operations Staff and a representative of the Bureau of Consumer Protection to discuss the results of the audits.

          (2) A mandatory settlement conference between all interests to the proceeding. The Regulatory Operations Staff shall convene the settlement conference at least 14 calendar days before the scheduled first day of the hearing on the application for adjustments in rates in accordance with a procedural schedule approved by the Commission.

     (Added to NAC by Pub. Service Comm’n, eff. 7-7-94; A by Pub. Utilities Comm’n by R036-10, 12-16-2010)

      NAC 703.2211  Information required in application. (NRS 703.025, 704.210)  An application by a public utility for adjustments in rates or charges must include:

     1.  An exhibit in the format of a tariff showing in full the rates, fares or rules desired to be put into effect or the general relief requested.

     2.  An exhibit in the format of a tariff showing in full the rates, fares or rules which will be superseded by the proposed changes.

     3.  A complete and accurate explanation of the circumstances and conditions relied upon as justification for the application.

     4.  A statement indicating whether the utility has included adjustments to be certified pursuant to subsection 3 of NRS 704.110, a statement of expected changes in circumstances in accordance with subsection 4 of NRS 704.110, or both.

     5.  An exhibit referencing any prior proceeding before the Commission which has been held and which is related to any of the proposals contained in the application.

     6.  A brief description of the application which will be used by the Secretary in drafting the public notice required in NAC 703.160. This description must include:

     (a) The utility’s reasons for the application or filing of a tariff;

     (b) The estimated effect that approval of the application or tariff by the Commission will have on the applicant’s annual revenues; and

     (c) The estimated effect that approval of the application or tariff by the Commission will have on rates and charges paid by each class of the utility’s customers.

     7.  A proposed notice of hearing which conforms to the requirements of paragraphs (b), (c) and (d) of subsection 2 of NRS 233B.121.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 3, eff. 10-14-82]—(NAC A 3-19-87; A by Pub. Utilities Comm’n by R107-07, 12-4-2007; R036-09, 11-25-2009)

      NAC 703.2215  Information to be filed with application. (NRS 703.025, 704.210)  Except as otherwise provided pursuant to a meeting held pursuant to NAC 703.22073, the applicable statements and schedules prescribed under NAC 703.2265 to 703.2452, inclusive, and an index of these statements and schedules must accompany the application when it is filed with the Commission. The index must indicate which statements and schedules are supported by workpapers prepared by the applicant.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 4, eff. 10-14-82]—(NAC A 1-6-84; A by Pub. Utilities Comm’n by R036-10, 12-16-2010)

      NAC 703.2221  Additional information. (NRS 703.025, 704.210)  The list contained in NAC 703.2265 to 703.2452, inclusive, is not exclusive. Any additional information necessary to determine the fairness and reasonableness of the proposed change must be supplied upon request of the Commission in a particular case.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 4a, eff. 10-14-82]—(NAC A by Pub. Utilities Comm’n by R036-10, 12-16-2010)

      NAC 703.2225  Illustrative format. (NRS 703.025, 704.210)  Copies of illustrative statements and schedules will be available at the Commission’s offices during business hours for use by prospective applicants.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 5, eff. 10-14-82]

      NAC 703.2231  Scope of presentation and preparation for hearing. (NRS 703.025, 704.210)  An applicant must be prepared to go forward at a hearing on the data which have been submitted and to sustain the burden of proof of establishing that its proposed changes are just and reasonable and not unduly discriminatory or preferential. To avoid delay by the Commission in its consideration of the proposed changes, the applicant must ensure that the material it relied upon is of such composition, scope and format that it would serve as its complete case if the matter is set for hearing.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 6, eff. 10-14-82]—(NAC A by Pub. Utilities Comm’n by R036-09, 11-25-2009)

      NAC 703.2235  Format of statements and schedules. (NRS 703.025, 704.210)  Statements and schedules must generally follow the illustrative examples mentioned in NAC 703.2225. Each item must be labeled, be mathematically correct, be properly cross-referenced and it must indicate the date or period covered by the statement or schedule.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 7, eff. 10-14-82]

      NAC 703.2241  Nonapplicable statements and schedules. (NRS 703.025, 704.210)  All statements and schedules required to be submitted to the Commission pursuant to NAC 703.2265 to 703.2461, inclusive, must be in alphabetical sequence. If the applicant omits any required statement or schedule in the belief that it is not applicable, a written explanation for the omission must be submitted in lieu of the required statement or schedule.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 8, eff. 10-14-82]

      NAC 703.2245  Recorded data and adjustments. (NRS 703.025, 704.210)

     1.  Amounts which purport to represent recorded data and are included in a statement or schedule must be reported in a separate column or columns. Adjustments to recorded data must also be reported in a separate column or columns so that the recorded data, the adjustments thereto and the adjusted amounts are clearly disclosed.

     2.  If a utility includes adjustments which will be experienced and certified pursuant to subsection 3 of NRS 704.110, such adjustments must be reported in a separate column or columns so that the recorded data, the adjustments thereto and the certification adjustments, if any, are clearly disclosed.

     3.  If the utility includes, pursuant to subsection 4 of NRS 704.110, adjustments which show the effects, on an annualized basis, of all expected changes in circumstances that are reasonably known and measurable with reasonable accuracy, such adjustments must be reported in a separate column or columns so that the recorded data, adjustments to recorded data, certification adjustments, if any, and adjustments that show the effects of all expected changes in circumstances, including directly attributable or associated offsets in revenue and expenses as required by paragraph (a) of subsection 4 of NRS 704.110, are clearly disclosed.

     4.  All adjustments to recorded data which are submitted pursuant to subsection 1, 2 or 3 must be supported by workpapers detailing the calculations, units, unit rates and any other accounting or financial data necessary to completely explain and justify the proposed adjustments.

     5.  The applicant shall calculate all adjustments which are submitted pursuant to subsection 1, 2 or 3 to show the annual effect of the change in units or in the unit rate, or both, upon the applicant’s weighted cost of capital, rate base or summary of earnings.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 9, eff. 10-14-82]—(NAC A by Pub. Utilities Comm’n by R049-06, 11-13-2006; R036-09, 11-25-2009)

      NAC 703.2247  Statements of effects of expected changes in circumstances: Submission by certain natural gas utilities. (NRS 703.025, 704.210)  If a public utility which purchases natural gas for resale elects, pursuant to subsection 4 of NRS 704.110, to submit with its general rate application a statement showing the effects, on an annualized basis, of all expected changes in circumstances, it shall submit the application and statement not later than 155 days after the end of the 12-month period described in subsection 3 of NRS 704.110 for which data was available when the application was prepared. The statement must include all expected changes in circumstances for the 12-month period that ends 210 days after the application is submitted.

     (Added to NAC by Pub. Utilities Comm’n by R049-06, eff. 11-13-2006)

      NAC 703.2251  Reliance on other data. (NRS 703.025, 704.210)  If the applicant has relied on data other than that presented in the statements and schedules prescribed by NAC 703.2201 to 703.2481, inclusive, such other data must be submitted in addition to the prescribed statements and schedules.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 10, eff. 10-14-82]—(NAC A 1-5-89)

      NAC 703.2255  Supporting data. (NRS 703.025, 704.210)

     1.  The data in support of the proposed change in rates must include the required recorded data, adjustments and other computations and information on which the applicant relies to justify the proposed rates.

     2.  Any data or summaries included in the application which reflect the book of accounts must be supported by accounting workpapers. The workpapers must contain, in separate columns, all necessary particulars from which an auditor may readily identify the book data included in the filing and a verification that such data are in agreement with the applicant’s book of accounts. All statements, schedules and workpapers must be prepared in accordance with the classifications provided in the uniform system of accounts. Workpapers in support of all adjustments, computations and other information included in the application must be cross-referenced, contain all relevant details and be available for inspection.

     3.  Each applicant shall prepare and maintain workpapers sufficient to support the application. Failure to produce promptly such workpapers on request of an authorized representative of the Commission or the Consumer’s Advocate is a cause for dismissal by the Commission of the application in its entirety. In addition to the workpapers, the following material, normally prepared by the applicant, must be made available for verification and analysis by the Commission’s staff and the Consumer’s Advocate. Upon request, a copy of the information must be furnished. If required for the analysis, the Commission will request:

     (a) Copies of monthly financial reports prepared for managerial purposes.

     (b) Copies of the accounting analyses of balance sheet accounts.

     (c) Complete trial balances of all the balance sheet accounts at the beginning and end of the 12 months of actual experience, and revenue and expense accounts for the 12 months of recorded data used for the application.

     (d) Analyses of the miscellaneous revenues and related expenses included in the submitted results of operations.

     (e) Analyses of accounts showing retained earnings or capital surplus.

     (f) Copies of all relevant reports and correspondence with other regulatory agencies.

     (g) Copies of all relevant reports, returns and correspondence with federal, state and local authorities on taxes.

     (h) If not confidential, copies of all managerial studies, reports and letters prepared by employees of the company and outside auditors.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 11, eff. 10-14-82]—(NAC A 1-6-84; A by Pub. Utilities Comm’n by R049-06, 11-13-2006; R036-09, 11-25-2009)

      NAC 703.2261  Filing of information relating to deferred energy accounting. (NRS 703.025, 704.210)  Any information submitted that relates to deferred energy accounting must be prepared and filed in accordance with NAC 704.023 to 704.195, inclusive.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 12, eff. 10-14-82]—(NAC A 11-3-87; A by Pub. Utilities Comm’n by R100-01, 12-17-2001)

      NAC 703.2265  Filing requirements for utilities with annual gross operating revenues of $250,000 or more. (NRS 703.025, 704.210)  Except as otherwise provided in NAC 703.22073, in filing its application, an applicant whose annual operating revenues are $250,000 or more must include statements A to E, inclusive, F and G with their respective schedules, H to J, inclusive, K, L and M with their respective schedules and N to P, inclusive, as these statements and schedules are described in NAC 703.2271 to 703.2451, inclusive.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 13, eff. 10-14-82]—(NAC A by Pub. Utilities Comm’n by R036-10, 12-16-2010)

      NAC 703.2271  Statement A. (NRS 703.025, 704.210)  Statement A must consist of a statement of financial position based on the total company, in the order of accounts prescribed by the uniform system of accounts, as of the beginning and end of the period of testing. A statement of financial position on a consolidated basis must be included if the applicant is a member of an associated group of companies.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 14, eff. 10-14-82]

      NAC 703.2275  Statement B. (NRS 703.025, 704.210)  Statement B must consist of a statement of income based on the total company, in the order of accounts prescribed by the uniform system of accounts for the period for testing. A statement of income on a consolidated basis must be included if the utility is a member of an associated group of companies.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 15, eff. 10-14-82]

      NAC 703.2281  Statement C. (NRS 703.025, 704.210)  Statement C must consist of a statement that shows the balance at the beginning of the period of testing with debits and credits to retained earnings during such a period according to descriptive captions and the resultant balance at the end of the period of testing.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 16, eff. 10-14-82]

      NAC 703.2285  Statement D. (NRS 703.025, 704.210)

     1.  Statement D must consist of a statement satisfying the letter and spirit of the Statement of Financial Accounting Standards No. 95 issued by the Financial Accounting Standards Board.

     2.  The Commission hereby adopts by reference Statement No. 95 which is entitled “Statement of Cash Flows,” published in November 1987.

     3.  A copy of Statement No. 95 may be obtained from the Commission’s office for a price of $5.50.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 17, eff. 10-14-82]—(NAC A 12-2-91)

      NAC 703.2291  Statement E. (NRS 703.025, 704.210)  Statement E must contain any report, opinion or footnote applicable to any portion of the period included in statements A, B, C and D or related footnotes which were made by any accountant or auditor.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 18, eff. 10-14-82]

      NAC 703.2295  Statement F. (NRS 703.025, 704.210)  Statement F must contain a statement that shows the dollar amount of each component of the capital structure, its related cost percentage and the proportion of each component of the capital structure to the total capital structure. This statement must also show the percentage of the overall rate of return requested and the general reasons therefor.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 19, eff. 10-14-82]

      NAC 703.2301  Schedule F-1. (NRS 703.025, 704.210)  Schedule F-1 is a schedule that shows the weighted average cost of debt capital based upon the following data for each class and series of debt outstanding according to the balance sheet as of the end of the period of testing and the cost of new securities issued pursuant to subsection 3 of NRS 704.110:

     1.  Title;

     2.  Date of issuance and final maturity;

     3.  Interest rate;

     4.  Principal amount of the issue, gross proceeds, discount and any premiums;

     5.  The amount and percentage of the gross proceeds of the issuance expense, including underwriters’ discounts or commissions;

     6.  Principal amount of the issue outstanding, unamortized discount and expense and net proceeds outstanding;

     7.  Effective cost of the money;

     8.  If the issue is owned by an affiliate, the name and relationship of the owner; and

     9.  If the company has acquired at a discount or premium some part of the outstanding debt which could be used in meeting sinking fund requirements or for other reasons, it shall show the annual amortization of the discount or premium for each series of debt from the date of reacquisition, over the remaining life of the debt being retired and separately show the total discount and premium as a result of such amortization, applicable to the period of testing.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 20, eff. 10-14-82]—(NAC A by Pub. Utilities Comm’n by R049-06, 11-13-2006; R036-09, 11-25-2009)

      NAC 703.2305  Schedule F-2. (NRS 703.025, 704.210)  Schedule F-2 is a schedule that shows the weighted average cost of preferred stock capital based upon the following data for each class and series of preferred stock outstanding according to the balance sheet as of the end of the period of testing and the cost of new securities issued pursuant to subsection 3 of NRS 704.110:

     1.  Title;

     2.  Date of issuance;

     3.  If callable, the call price;

     4.  If convertible, the terms of conversion;

     5.  Dividend rate;

     6.  Par or stated amount of the issue, gross proceeds and any premiums;

     7.  The amount and percentage of gross proceeds of the issuance expense, including underwriters’ discounts or commissions;

     8.  Net proceeds;

     9.  Cost of the money;

     10.  Whether the issue was offered to stockholders through subscription rights or to the public; and

     11.  If the issue is owned by an affiliate, the name and relationship of the owner.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 21, eff. 10-14-82]—(NAC A by Pub. Utilities Comm’n by R049-06, 11-13-2006; R036-09, 11-25-2009)

      NAC 703.2311  Schedule F-3. (NRS 703.025, 704.210)  Schedule F-3 is a schedule that shows the derivation and justification for the cost of common equity included in statement F.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 22, eff. 10-14-82]

      NAC 703.2315  Schedule F-4. (NRS 703.025, 704.210)  Schedule F-4 is a schedule that shows for each issue of common stock during the 6 years preceding the balance sheet as of the end of the period of testing and the cost of new securities issued pursuant to subsection 3 of NRS 704.110:

     1.  Number of shares sold;

     2.  Gross proceeds at offering price;

     3.  Amount and percentage of gross proceeds of underwriters’ discounts or commissions;

 

 

 

 

     4.  Proceeds to applicant;

     5.  Amount and percentage of gross proceeds of issuance expenses; and

     6.  Net proceeds showing the offering price and net proceeds per share.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 23, eff. 10-14-82]—(NAC A 1-6-84; A by Pub. Utilities Comm’n by R049-06, 11-13-2006; R036-09, 11-25-2009)

      NAC 703.2321  Statement G. (NRS 703.025, 704.210)  Statement G is a summary of the overall rate base from the figures contained on the supporting schedules.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 24, eff. 10-14-82]

      NAC 703.2325  Schedule G-1. (NRS 703.025, 704.210)  Schedule G-1 is a schedule summarizing the amounts of utility plant for Nevada classified by primary accounts as of the beginning of the period of testing, the book additions and reductions (in separate columns) during the 12 months, and the balances at the end of such a period. In adjoining columns there must be shown the claimed adjustments, if any, to the book balances and the total cost of plant. All adjustments must be fully and clearly explained in the supporting material submitted.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 25, eff. 10-14-82]

      NAC 703.2331  Schedule G-2. (NRS 703.025, 704.210)  Schedule G-2 is a statement that shows by primary accounts the accumulated provisions for depreciation, amortization and abandonment as of the beginning of the period of testing, the book additions and reductions during the 12 months, and the balances at the end of such a period. In adjoining columns there must be shown adjustments to these ending book balances and the total adjusted balances. All adjustment must be clearly and fully explained in the supporting material submitted.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 26, eff. 10-14-82]

      NAC 703.2335  Schedule G-3. (NRS 703.025, 704.210)  Schedule G-3 is a schedule that provides a description of the methods, procedures and rates used in depreciating or amortizing plant which were previously authorized by the Commission, and a description of any changes in methods or rates since the last order of the Commission setting rates or charges for the applicant.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 27, eff. 10-14-82]

      NAC 703.2341  Schedule G-4. (NRS 703.025, 704.210)  Schedule G-4 is a schedule that shows the recorded balances for each component of materials and supplies by month, so that an allowance for the average of 13 months’ balances of materials and supplies can be calculated. The schedule must also show the allocation of each component to each account of materials and supplies for Nevada jurisdictional operations. An applicant reporting less than $250,000 in annual gross operating revenues may compute the materials and supplies rate base component by averaging the beginning and ending balances for the period of testing.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 28, eff. 10-14-82]

      NAC 703.2343  Schedule G-5. (NRS 703.025, 704.210)  Schedule G-5 is required if a utility’s application includes a provision for cash to be used as working capital. This schedule must contain an explanation of the inclusion of this amount and a schedule showing the derivation of the amount of cash so requested.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-84)

      NAC 703.2345  Statement H. (NRS 703.025, 704.210)

     1.  Statement H is a summary of the overall results of operations developed from the supporting schedules and statements. Statement H must show and, to the extent practicable, the supporting schedules and statements must show:

     (a) The amounts as recorded on the applicant’s books;

     (b) Adjustments during the year of testing for known changes; and

     (c) The requested rate of return and the application of the requested rate of return to the overall rate base.

     2.  If an applicant elects to make a certification filing pursuant to subsection 3 of NRS 704.110, statement H must also include a separate schedule which specifically identifies the adjustments to be certified by the applicant.

     3.  If an applicant elects to file a statement of expected changes in circumstances pursuant to subsection 4 of NRS 704.110, statement H must also include a separate schedule specifically identifying the adjustments for the expected changes in circumstances, including directly attributable or associated offsets in revenue and expenses as required by paragraph (a) of subsection 4 of NRS 704.110.

     4.  An applicant may, but is not required to, elect to file:

     (a) A certification pursuant to subsection 3 of NRS 704.110;

     (b) A statement of expected changes in circumstances pursuant to subsection 4 of NRS 704.110; or

     (c) Both a certification and a statement of expected changes in circumstances pursuant to paragraphs (a) and (b).

     5.  If an applicant elects to file both a certification pursuant to subsection 3 of NRS 704.110 and a statement of expected changes in circumstances pursuant to subsection 4 of NRS 704.110, the applicant must:

     (a) Comply with the requirements described in subsections 2 and 3; and

     (b) Include in each filing a separate column or columns showing the subtotals for each adjusted amount.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 29, eff. 10-14-82]—(NAC A by Pub. Utilities Comm’n by R049-06, 11-13-2006; R036-09, 11-25-2009)

      NAC 703.2351  Statement I. (NRS 703.025, 704.210)

     1.  If statement H contains adjustments for changes beyond the actual year of testing to be certified pursuant to subsection 3 of NRS 704.110, certification of these amounts must be submitted in statement I in accordance with subsection 3 of NRS 704.110. The certified amounts shown in statement I must be made in the same format as statement H. Statement I must begin with the results of operations as recorded and as adjusted for known changes during the year of testing from statement H. Each certified adjustment must be then shown. The necessary detail used to support each certified adjustment must be submitted with the statement.

     2.  If an applicant is filing solely pursuant to subsection 4 of NRS 704.110, statement I is not necessary.

     3.  If an applicant is filing pursuant to both subsections 3 and 4 of NRS 704.110, the expected changes in circumstances and offset amounts, in addition to the certified amounts as described in subsection 1, must be shown in statement I in the same format as statement H.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 & 30, eff. 10-14-82]—(NAC A by Pub. Utilities Comm’n by R049-06, 11-13-2006; R036-09, 11-25-2009)

      NAC 703.2355  Statement J. (NRS 703.025, 704.210)

     1.  Statement J must contain a statement that shows the revenues used to operate a utility classified in accordance with the accounts for operating revenue prescribed by the uniform system of accounts. Sales and service must be classified as between department, jurisdictional and nonjurisdictional, as applicable.

     2.  Jurisdictional operating revenues must be adjusted to show the annual effect of changes occurring during the period of testing. Adjusted sales for each rate schedule to show the annual effect of increases or decreases in the number of customers during such a period may be computed using the number of customers at the end of the period and the average annual usage and demand per customer, except where the applicant can attribute changes in sales directly to changes in the usage or demand of individual customers.

     3.  If statement H contains adjustments for estimated changes in expenses beyond the actual recorded year of testing and the application is being certified pursuant to subsection 3 of NRS 704.110, the applicant in its statement I shall adjust jurisdictional operating revenues to show the annual effect of changes occurring during the period for certification. Adjusted sales for each rate schedule to show the annual effect of increases or decreases in the number of customers during the period for certification may be computed using the number of customers and the average annual usage and demand per customer at the end of the period for certification, except in those instances where the applicant can attribute changes in sales directly to changes in the usage or demand of individual customers.

     4.  Statement J must disclose, using supporting schedules as necessary, revenues by months and revenue totals for the period of testing. Statement J must also disclose, using supporting schedules as necessary, the revenue totals for such a period from adjusted jurisdictional sales as computed under the presently effective and proposed rates together with the differences in the annual revenues, and the actual annual revenues from the nonjurisdictional sales.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 31, eff. 10-14-82]—(NAC A by Pub. Utilities Comm’n by R049-06, 11-13-2006)

      NAC 703.2361  Statement K. (NRS 703.025, 704.210)  Statement K must contain:

     1.  A statement that shows the expenses for operation and maintenance according to each account of the uniform system of accounts. The expenses must be shown under the following appropriate column headings, with subtotals for each functional classification:

     (a) Expenses for operation and maintenance as booked for the period of testing;

     (b) Any adjustment to expenses booked; and

     (c) Total adjusted expenses for operation and maintenance which are claimed.

     2.  A detailed explanation of any adjustment and the manner of determination must be supplied.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 32, eff. 10-14-82]

      NAC 703.2365  Schedule K-1. (NRS 703.025, 704.210)  Schedule K-1 is a schedule that shows the segregation of expenses for operations and maintenance, and their functional groupings into a component for labor and a component embracing the remainder of the expenses. This segregation into components must be applicable to the recorded accounts balances for the year of testing and to any adjustments thereto.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 33, eff. 10-14-82]

      NAC 703.2371  Schedule K-2. (NRS 703.025, 704.210)  Schedule K-2 must contain an analysis of each account in schedule format for the year of testing disclosing:

     1.  The classification of principal charges and credits for advertising costs;

     2.  Particulars of supporting computations and accounting bases;

     3.  A description of service and related amounts for which liability is incurred or accrued; and

     4.  The name of the firm or person rendering the services.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 34, eff. 10-14-82]

      NAC 703.2375  Schedule K-3. (NRS 703.025, 704.210)  Schedule K-3 must include an analysis of each account in schedule format for the year of testing disclosing:

     1.  The classification of principal charges and credits for outside companies which were employed;

     2.  Particulars of supporting computations and accounting bases;

     3.  A description of service and related amounts for which liability is incurred or accrued; and

     4.  The name of the firm or person rendering the services.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 35, eff. 10-14-82]

      NAC 703.2381  Schedule K-4. (NRS 703.025, 704.210)  Schedule K-4 must include an analysis of each account in schedule format for the year of testing disclosing:

     1.  The classification of principal charges and credits for pensions and benefits for employees;

     2.  Particulars of supporting computations and accounting bases;

     3.  A description of service and related amounts for which liability is incurred or accrued; and

     4.  The name of the firm or person rendering the services.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 36, eff. 10-14-82]

      NAC 703.2385  Schedule K-5. (NRS 703.025, 704.210)  Schedule K-5 must include an analysis of each account in schedule format for the year of testing disclosing:

     1.  The classification of principal charges and credits for expenses caused by regulations of the Commission;

     2.  Particulars of supporting computations and accounting bases;

     3.  A description of service and related amounts for which liability is incurred or accrued; and

     4.  The name of the firm or person rendering the services.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 37, eff. 10-14-82]

      NAC 703.2391  Schedule K-6. (NRS 703.025, 704.210)  Schedule K-6 must include an analysis of each account in schedule format for the year of testing disclosing:

     1.  The classification of principal charges and credits for miscellaneous general expenses;

     2.  Particulars of supporting computations and accounting bases;

     3.  A description of service and related amount in dollars for which liability is incurred or accrued; and

     4.  The name of the firm or person rendering the services.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 38, eff. 10-14-82]

      NAC 703.2395  Schedule K-7. (NRS 703.025, 704.210)  If the expense accounts contain charges or credits from associated companies or nonutility departments of the applicant, the applicant must submit schedule K-7 for each such associated company or nonutility department showing:

     1.  The amount of the charges or credits during each month and in total for the year of testing;

     2.  The account classification or classification charged or credited;

     3.  A description of the specific services performed for, or by, the associated company or nonutility department; and

     4.  The bases used in determining the amounts of the charges or credits.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 39, eff. 10-14-82]

      NAC 703.2401  Statement L. (NRS 703.025, 704.210)

     1.  Statement L must contain a statement that shows separately the plant depreciation and amortization expense by functional classifications. These expenses must be shown in separate columns as follows:

     (a) Expenses for the period of testing;

     (b) Any adjustment to such expense; and

     (c) The total adjusted expense claimed.

     2.  The bases, methods, essential computations and derivation of unit rates for the calculation of depreciation and amortization for the 12 months of actual experience and for the adjustments thereto, if any, must be fully and clearly explained. The amounts of depreciable plant must be

shown by functional accounts. Any deviation from the rates used in disposing of the applicant’s last previous filing or determination by the Commission must be explained, showing the rate previously used and the supporting data for the new rate used for this application.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 40, eff. 10-14-82]

      NAC 703.2405  Schedule L-1. (NRS 703.025, 704.210)  Schedule L-1 must contain a schedule that reconciles the depreciable plant listed on statement L with the aggregate investment in plant shown on schedule G-2 and shows the distribution of depreciation and amortization expenses to the various general ledger accounts.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 41, eff. 10-14-82]

      NAC 703.2411  Statement M. (NRS 703.025, 704.210)  Statement M must contain a statement that shows the computation of allowances for federal income taxes for the period of testing. To indicate the accounting classification applicable to the amount claimed, the computation of the allowance for federal income tax must show separately the amounts designated as current tax and deferred tax.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 42, eff. 10-14-82]

      NAC 703.2415  Schedule M-1. (NRS 703.025, 704.210)  Schedule M-1 must contain a complete reconciliation of the book net income with taxable net income as reported to the United States Internal Revenue Service for the most recent year for which a tax return was filed and the 3 preceding years. A complete explanation of all items in the reconciliation must be submitted. If the tax allowances claimed give effect to omission of items appearing in the reconciliations for the most recent tax return or to inclusion of items not appearing therein, the reasons for the omissions or inclusions must be submitted.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 43, eff. 10-14-82]

      NAC 703.2421  Schedule M-2. (NRS 703.025, 704.210)

     1.  If tax depreciation differs from book depreciation, the applicant must file schedule M-2 showing the computation of the tax depreciation indicating:

     (a) Differences between book and tax depreciation on a straight-line basis; and

     (b) The excess of any accelerated depreciation and amortization used for tax purposes over straight-line depreciation.

     2.  The schedule must pertain to the most recent year for which a tax return was filed and for the 3 previous years.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 44, eff. 10-14-82]

      NAC 703.2425  Schedule M-3. (NRS 703.025, 704.210)

     1.  If the applicant joins in the filing of a consolidated federal income tax return, the applicant must file schedule M-3 showing the net taxable income or loss for each company or regulated entity in the consolidation, including an adjustment of the excess of accelerated depreciation and amortization of emergency facilities over straight-line depreciation for each company involved.

     2.  The applicant must also submit the details of consolidation adjustment and a computation of the system tax liability based on the consolidated net income for the last tax year ending within the period of testing, or immediately prior thereto, for which a tax return was filed. In addition, the applicant must include a computation showing the percentage of tax savings arising from consolidation for the taxable year covered by such a period.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 45, eff. 10-14-82]

      NAC 703.2431  Schedule M-4. (NRS 703.025, 704.210)  Schedule M-4 must contain a schedule that shows monthly book balances of accumulated deferred income taxes for each of the 12 months during the period of testing.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 46, eff. 10-14-82]

      NAC 703.2435  Schedule M-5. (NRS 703.025, 704.210)

     1.  Schedule M-5 must contain a schedule that shows the taxes paid by the applicant, other than income taxes in separate columns, as follows:

     (a) Tax expense per books for the period of testing;

     (b) Any adjustments to the amounts booked; and

     (c) The total adjusted taxes claimed.

     2.  The taxes must be shown by states and by kind of taxes.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 47, eff. 10-14-82]

      NAC 703.2441  Statement N. (NRS 703.025, 704.210)  Statement N must contain a statement that shows the allocation of both rate base components and components of the results of operations between or among departments, jurisdictions or regulated and nonregulated operations. The statement must show the total balance of each item to be allocated and the portion allocated to each department, jurisdiction or other category. The statement or appropriate supporting schedules must provide sufficient information as to methods, procedures, data and derivation of percentages and ratios to permit the Commission to review the applicant’s procedures and to independently allocate any adjustments to the applicant’s statements or schedules using the same method employed by the applicant.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 48, eff. 10-14-82]

      NAC 703.2443  Schedule N-1. (NRS 703.025, 704.210)  If an officer or employee of a utility provides services related to operations which are not regulated by the Commission, the utility shall submit a schedule showing the expenses related to that officer or employee allocated between regulated and nonregulated operations.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-84)

      NAC 703.2445  Statement O. (NRS 703.025, 704.210)  Statement O must contain a narrative statement used in support of the design of a proposed rate. The statement must describe and justify the objectives of the design of the proposed rate. If the purpose of the design is to reflect costs, the narrative must state how that objective is achieved, and must be accompanied by a summary analyzing cost that would justify the design. If the design is not intended to reflect costs (whether fully distributed, incremental or other), a statement must be furnished justifying the departure from rates based on cost.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 49, eff. 10-14-82]

      NAC 703.2451  Statement P. (NRS 703.025, 704.210)  Statement P must be used to disclose:

     1.  Any change in presentation for rate making and any change in accounting methods, procedures and allocations adopted since the year of testing presented in the last general rate case. If the change will increase or decrease the applicant’s current requirements for revenue by more than $25,000 or one-hundredth of 1 percent of the overall rate of return for the period of testing, whichever is smaller, the disclosure must include a description of the new method and the old method and a calculation illustrating any effect of the change upon the applicant’s weighted cost of capital, rate base or summary of earnings.

     2.  Any categories of expense or rate base which have been considered and disallowed by the Commission in a previous case and a full explanation of the new facts and policy considerations offered for each item proposed.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 50, eff. 10-14-82]—(NAC A 1-6-84)

      NAC 703.2452  Statement Q. (NRS 703.025, 704.210)  Statement Q must contain a statement of the number and type of shares held by shareholders at the end of the test year and any changes in ownership which occurred during the test year, including that information required in subsection 9 of NAC 703.175.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-84)

      NAC 703.2461  Certified adjustments. (NRS 703.025, 704.210)

     1.  Adjustments may be certified up to 6 months beyond the period of testing pursuant to subsection 3 of NRS 704.110. Adjustments must be known and measurable with reasonable accuracy at the time of filing the original application. No new rates, fares or charges may be placed into effect until the changes have been experienced and certified by the applicant to the Commission.

     2.  Adjustments that may be certified and reported in an application for a rate increase in statement I include, but are not limited to, the following items:

     (a) The costs of new securities as defined in NRS 704.322, and the associated expense for interest as an adjustment to the calculation of federal income tax;

     (b) Adjustments in the rate base that reflect increased investments in facilities used and useful in operations of the utility and the deduction of the appropriate amounts from construction work in progress as a factor in allocating interest costs between departments;

     (c) Operating revenues based on sales calculated as described in NAC 703.2355; and

     (d) Expenses which are:

          (1) Costs for labor, pensions, benefits and taxes, when such taxes are a direct result of a change in the rate per unit of costs for labor;

          (2) Costs for research and development;

          (3) Property taxes;

          (4) Depreciation;

          (5) Insurance; and

          (6) Rent.

     3.  Each adjustment must also include a calculation of the appropriate federal income tax.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 52, eff. 10-14-82]—(NAC A 1-6-84; A by Pub. Utilities Comm’n by R036-09, 11-25-2009)

      NAC 703.2481  Notice to public and customers. (NRS 703.025, 704.210)

     1.  When a public utility files an application to adjust any rate or charge for the service or commodities furnished by it to increase its return on investment, to increase its rate base or to cover expenses not related to fuel or purchased power, the public utility 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 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 listing the locations at which additional information may be obtained; and

     (c) Within 20 days after filing the application, submit to the Commission affidavits of that filing and the posting required in paragraphs (a) and (b) of this subsection.

     2.  When a public utility files an application to adjust any rate or charge for the service or commodities furnished by it to increase its return on investment, to increase its rate base or to cover expenses not related to fuel or purchased power and the Commission has set a date and location for a hearing on the application, the applicant shall provide 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 public utility filing the application. The notice must be given at least 10 days before the hearing, by two of the three 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, such as newspapers, television or radio, so that the notice will 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) List 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.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16 § 56, eff. 10-14-82]—(NAC A 1-6-84; 3-19-87; A by Pub. Utilities Comm’n by R116-03, 10-30-2003)

Changes in Rates of Telecommunication Providers: General Provisions

      NAC 703.2501  Definitions. (NRS 703.025, 704.210)  As used in NAC 703.2501 to 703.27149, inclusive, unless the context otherwise requires, the words and terms defined in NAC 703.2502 to 703.25036, inclusive, have the meanings ascribed to them in those sections.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 2, eff. 10-14-82]—(NAC A 7-7-94; 10-25-95; A by Pub. Utilities Comm’n by R040-08, 9-18-2008)

      NAC 703.2502  “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 703.25022  “Completed application” defined. (NRS 703.025, 704.210)  “Completed application” means an application which has been submitted to the Commission for review, which includes all required fees and all the information requested in the forms furnished by the Commission and which has been accepted by the Commission as complete.

     (Added to NAC by Pub. Service Comm’n, eff. 10-25-95)

      NAC 703.25026  “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 703.2503  “Test year” defined. (NRS 703.025, 704.210)  “Test year” means the 12-month period ending not later than 6 months before the filing of the application pursuant to NAC 703.27116 to 703.27146, inclusive.

     (Added to NAC by Pub. Service Comm’n, eff. 10-25-95)

      NAC 703.25032  “Uniform System of Accounts” defined. (NRS 703.025, 704.210)  “Uniform System of Accounts” means the Uniform System of Accounts adopted by reference in NAC 704.645.

     (Added to NAC by Pub. Service Comm’n, eff. 10-25-95)

      NAC 703.25034  “Unit” defined. (NRS 703.025, 704.210)  “Unit” means the quantitative measurement of an item, or level of use, consumption or effort.

     (Added to NAC by Pub. Service Comm’n, eff. 10-25-95)

      NAC 703.25036  “Unit rate” defined. (NRS 703.025, 704.210)  “Unit rate” means a rate which when multiplied by the number of units within a given period results in the aggregate dollar amount applicable to that period.

     (Added to NAC by Pub. Service Comm’n, eff. 10-25-95)

      NAC 703.2504  Applicability. (NRS 703.025, 704.210, 704.68865)  The provisions of NAC 703.2501 to 703.2509, inclusive, apply to:

     1.  A general rate case application filed by a small-scale provider of last resort that is not a competitive supplier, except as otherwise provided in NAC 703.2501 to 703.2509, inclusive; and

     2.  A general rate case application pursuant to subparagraph (2) of paragraph (b) of subsection 2 of NRS 704.68877 filed by a competitive supplier before January 1, 2012, to increase the rates or pricing of basic network services as set forth in the tariffs of the competitive supplier that were in effect on January 1, 2007.

     (Added to NAC by Pub. Utilities Comm’n by R136-07, eff. 1-30-2008; A by R040-08, 9-18-2008)

      NAC 703.2507  Notice of intent to file application for adjustment in rates. (NRS 703.025, 704.210)

     1.  If a public utility that provides telecommunication services proposes to increase its annual gross revenue by at least 10 percent or by more than $50,000, it must provide written notice of its intent to file an application for adjustments in rates to:

     (a) The Secretary of the Commission;

     (b) The Regulatory Operations Staff; and

     (c) The Consumer’s Advocate.

     2.  The written notice must be filed at least 60 days before the anticipated date for filing the application for adjustments in rates. If the public utility files the written notice, it is not required to file the application for adjustments in rates on the anticipated filing date or any time thereafter.

     3.  The written notice must contain a list of the components on which the public utility expects to base its application for adjustments in rates, including:

     (a) Cost of capital;

     (b) Depreciation;

     (c) Cost of service, including any study of the cost of service;

     (d) Design of the proposed rates; and

     (e) Any other material issues known at the time the notice is filed.

     (Added to NAC by Pub. Service Comm’n, eff. 7-7-94; A by Pub. Utilities Comm’n by R036-10, 12-16-2010)

      NAC 703.2508  Submission of master document for request of data. (NRS 703.025, 704.210)

     1.  Except as otherwise provided in subsection 6, if a public utility that provides telecommunication services proposes to increase its annual gross revenue by at least 10 percent or by more than $50,000, it must submit a master document for the request of data, together with answers to the questions contained in the document, to:

     (a) The Consumer’s Advocate; and

     (b) The Regulatory Operations Staff.

     2.  The public utility must:

     (a) Submit the master document for the request of data, together with the answers, on the same date as it files the application for adjustments in rates.

     (b) Complete as much of the answers to the questions in the master document as possible given the available data and any agreements for the confidentiality of information which have been executed.

     3.  Except as otherwise provided in this subsection, the master document for the request of data must be submitted in the illustrative format required by the Commission. The illustrative format for a particular master document for the request of data may be changed if the Consumer’s Advocate, the Regulatory Operations Staff and the public utility agree to the change. The illustrative format for the master document for the request of data may be obtained at the offices of the Commission.

     4.  The following entities may request the Commission to change the illustrative format for the master document for the request of data:

     (a) The Consumer’s Advocate;

     (b) The Regulatory Operations Staff; or

     (c) The public utility which proposes to increase its annual gross revenue by at least 10 percent or by more than $50,000.

     5.  Any changes which the Commission makes to the illustrative format for the master document for the request of data do not apply to a master document for the request of data submitted by a public utility that provides telecommunication services within 90 days after the Commission approves the changes.

     6.  A small-scale provider of last resort which submits an application for a change of rate in accordance with NAC 703.27116 to 703.27146, inclusive, does not have to submit a master document as required by this section.

     (Added to NAC by Pub. Service Comm’n, eff. 7-7-94; A 10-25-95; A by Pub. Utilities Comm’n by R136-07, 1-30-2008; R040-08, 9-18-2008; R036-10, 12-16-2010)

      NAC 703.2509  Meeting with Consumer’s Advocate and Regulatory Operations Staff before filing application. (NRS 703.025, 704.210)

     1.  If a public utility that provides telecommunication services proposes to increase its annual gross revenue by at least 10 percent or by more than $50,000, it must meet with the Consumer’s Advocate and the Regulatory Operations Staff at least 20 days before the anticipated date for filing the application for adjustments in rates.

     2.  At the meeting, the public utility shall provide updated information regarding the application for adjustments in rates, including:

     (a) Cost of capital;

     (b) Depreciation;

     (c) Cost of service, including any study of the cost of service;

     (d) Design of the proposed rates; and

     (e) Any other material issues known at the time of the meeting.

     3.  At the meeting, those persons in attendance shall:

     (a) Develop guidelines for a preliminary plan for conducting audits. The guidelines must address all matters relating to the audits, including:

          (1) The timing of the audits and any necessary meetings to coordinate audits conducted at the site, whether within or outside the State, by the Regulatory Operations Staff and specialized personnel from the public utility and the Bureau of Consumer Protection.

          (2) The number of persons representing each interest who will participate in the audit.

          (3) The facilities and the supplies that the auditors will need at the locations of the audits.

     (b) Discuss a plan and schedule for discovery, and methods of minimizing the duplication of discovery requests.

     (c) Discuss the use of agreements for the confidentiality of information.

     (d) Discuss the review of computer models for data contained in the application.

     (e) Determine which items on the master document for the request of data must be provided on a computer disc or other computer media, and which items must be provided on paper.

     (f) Discuss the need for and timing of future meetings, including:

          (1) A conference between the public utility, the Regulatory Operations Staff and a representative of the Bureau of Consumer Protection to discuss the results of the audits.

          (2) A mandatory settlement conference between all interests to the proceeding. The Regulatory Operations Staff shall convene the settlement conference at least 14 calendar days before the scheduled first day of the hearing on the application for adjustments in rates in accordance with a procedural schedule approved by the Commission.

     (Added to NAC by Pub. Service Comm’n, eff. 7-7-94; A by Pub. Utilities Comm’n by R036-10, 12-16-2010)

Changes in Rates of Telecommunication Providers: Competitive Suppliers That Are Incumbent Local Exchange Carriers

     NAC 703.251  Applicability. (NRS 703.025, 704.210, 704.68865)  NAC 703.2501 to 703.2711, inclusive, apply to a competitive supplier that is an incumbent local exchange carrier unless the competitive supplier is otherwise exempt by law.

     [Pub. Service Comm’n, Gen. Order 3 Rules 16-A § 1, eff. 10-14-82]—(NAC A 1-6-84; 3-19-87; 10-25-95; A by Pub. Utilities Comm’n by R211-03, 4-5-2004; R136-07, 1-30-2008)

      NAC 703.2511  Information required in application. (NRS 703.025, 704.210, 704.68865)  An application for adjustments in rates or charges submitted by a competitive supplier that is an incumbent local exchange carrier must include:

     1.  An exhibit summarizing the presently existing rates and the proposed rates, a brief description of each change in rates requested and a reference to the associated page of the tariff.

     2.  An exhibit containing all proposed changes or additions to the tariff. If the proposal changes existing language in the tariff, the exhibit must also contain the existing language in the tariff.

     3.  A complete and accurate explanation of the circumstances and conditions relied upon as justification for the application.

     4.  A statement indicating whether the applicant has included adjustments to be certified pursuant to subsection 3 of NRS 704.110, a statement of expected changes in circumstances in accordance with subsection 4 of NRS 704.110, or both.

     5.  An exhibit referencing any prior proceeding before the Commission which has been held since the applicant’s last general rate case and which is related to any of the proposals contained in the application.

     6.  A brief description of the:

     (a) Applicant’s reasons for the application or filing of a tariff;

     (b) Estimated effect that approval of the application or tariff by the Commission will have on the applicant’s annual revenues; and

     (c) Estimated effect, for each service offered, of approval of the application or tariff by the Commission on rates and charges paid by the applicant’s customers.

     7.  A proposed notice of hearing which conforms to the requirements of paragraphs (b), (c) and (d) of subsection 2 of NRS 233B.121.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 3, eff. 10-14-82]—(NAC A 3-19-87; 10-25-95; A by Pub. Utilities Comm’n by R136-07, 1-30-2008; R036-09, 11-25-2009)

      NAC 703.2515  Information to be filed with application. (NRS 703.025, 704.210)  The applicable statements and schedules prescribed under NAC 703.2561 to 703.2688, inclusive, must accompany the application when it is filed with the Commission. An index of these statements and schedules must also be included which indicates the statements and schedules that are supported by workpapers prepared by the applicant.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 4, eff. 10-14-82]—(NAC A 1-6-84; 3-19-87)

      NAC 703.2521  Additional information. (NRS 703.025, 704.210)  The list contained in NAC 703.2561 to 703.2688, inclusive, is not exclusive. Any additional information necessary to determine the fairness and reasonableness of the proposed change must be supplied upon request of the Commission in a particular case.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 4a, eff. 10-14-82]

      NAC 703.2525  Illustrative format. (NRS 703.025, 704.210)  Copies of illustrative statements and schedules will be available at the Commission’s offices during business hours for use by prospective applicants.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 5, eff. 10-14-82]

      NAC 703.2531  Scope of presentation and preparation for hearing. (NRS 703.025, 704.210)  An applicant must be prepared to go forward at a hearing on the data which have been submitted and to sustain the burden of proof of establishing that its proposed changes are just and reasonable and not unduly discriminatory or preferential. To avoid delay by the Commission in its consideration of the proposed changes, the applicant must ensure that the material it relied upon is of such composition, scope and format that it would serve as its complete case if the matter is set for hearing.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 6, eff. 10-14-82]—(NAC A by Pub. Utilities Comm’n by R036-09, 11-25-2009)

      NAC 703.2535  Format of statements and schedules. (NRS 703.025, 704.210)  Statements and schedules must generally follow the illustrative examples mentioned in NAC 703.2525. Each item must be labeled, mathematically correct, properly cross-referenced and it must indicate the date or period covered by the statement or schedule.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 7, eff. 10-14-82]

      NAC 703.2541  Nonapplicable statements and schedules. (NRS 703.025, 704.210)  All statements and schedules required to be submitted to the Commission pursuant to NAC 703.2561 to 703.2688, inclusive, must be in alphabetical sequence. If the applicant omits any required statement or schedule in the belief that it is not applicable, a written explanation for the omission must be submitted in lieu of the required statement or schedule.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 8, eff. 10-14-82]—(NAC A 10-25-95)

      NAC 703.2545  Recorded data and adjustments. (NRS 703.025, 704.210)

     1.  Amounts which purport to represent recorded data and are included in a statement or schedule must be reported in a separate column or columns. Adjustments to recorded data must also be reported in a separate column or columns so that the recorded data, the adjustments thereto and the adjusted amounts are clearly disclosed.

     2.  If a utility includes adjustments which will be experienced and certified pursuant to subsection 3 of NRS 704.110, such adjustments must be reported in a separate column or columns so that the recorded data, the adjustments thereto and the certification adjustments, if any, are clearly disclosed.

     3.  If the utility includes, pursuant to subsection 4 of NRS 704.110, adjustments which show the effects, on an annualized basis, of expected changes in circumstances that are reasonably known and measurable with reasonable accuracy, such adjustments must be reported in a separate column or columns so that the recorded data, adjustments to recorded data, certification adjustments, if any, and adjustments that show the effects of expected changes in circumstances, including directly attributable or associated offsets in revenue and expenses as required by paragraph (a) of subsection 4 of NRS 704.110, are clearly disclosed.

     4.  All adjustments to recorded data which are submitted pursuant to subsection 1, 2 or 3 must be supported by workpapers detailing the calculations, units, unit rates and any other accounting or financial data necessary to completely explain and justify the proposed adjustments.

     5.  The applicant must calculate all adjustments which are submitted pursuant to subsection 1, 2 or 3 to show the annual effect of the change in units or in the unit rate, or both, upon applicant’s weighted cost of capital, rate base or summary of earnings.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 9, eff. 10-14-82]—(NAC A by Pub. Utilities Comm’n by R036-09, 11-25-2009)

      NAC 703.2551  Reliance on other data. (NRS 703.025, 704.210)  If the applicant has relied on data other than that presented in the statements and schedules prescribed by NAC 703.2501 to 703.2711, inclusive, such other data must be submitted in addition to the prescribed statements and schedules.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 10, eff. 10-14-82]

      NAC 703.2555  Supporting data. (NRS 703.025, 704.210)

     1.  The data in support of the proposed increase in rates must include the required recorded data, adjustments and other computations and information on which the applicant relies to justify the proposed rates.

     2.  Any data or summaries included in the application which reflect the book of accounts must be supported by accounting workpapers. The workpapers must contain all necessary particulars from which an auditor may readily identify the book data included in the filing in separate columns and a verification that such data are in agreement with the applicant’s book of accounts. All statements, schedules and workpapers must be prepared in accordance with the classifications provided in the uniform system of accounts. Workpapers in support of all adjustments, computations and other information included in the application must be cross-referenced, contain all relevant details and be available for inspection.

     3.  Each applicant must prepare and maintain workpapers sufficient to support the application. Failure to produce promptly such workpapers on request of authorized representatives of the Commission or the Consumer’s Advocate is a cause for dismissal by the Commission of the application in its entirety. In addition to the workpapers, the following material, normally prepared by the applicant, must be made available for verification and analysis by the Commission’s staff and the Consumer’s Advocate. Upon request, a copy must be furnished. If required for the analysis, the Commission will request:

     (a) Copies of monthly financial reports prepared for managerial purposes.

     (b) Copies of the accounting analyses of balance sheet accounts.

     (c) Complete trial balances of all the balance sheet accounts at the beginning and end of the 12 months of actual experience, and revenue and expense accounts for 12 months of recorded data used for the application.

     (d) Analyses of the miscellaneous revenues and related expenses included in the submitted results of operations.

     (e) Analyses of accounts showing retained earnings or capital surplus.

     (f) Copies of all relevant reports and correspondence with other regulatory agencies.

     (g) Copies of all relevant reports, returns and correspondence with federal, state and local authorities on taxes.

     (h) If not confidential, copies of all managerial studies, reports and letters prepared by employees of the company and outside auditors.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 11, eff. 10-14-82]—(NAC A 1-6-84)

      NAC 703.2561  Filing requirements. (NRS 703.025, 704.210, 704.68865)  In filing its application, a competitive supplier that is an incumbent local exchange carrier must include statements A to J, inclusive, K, with its related schedules, L, M, with its related schedules, and N, O and P, as these statements and schedules are described in NAC 703.2565 to 703.2687, inclusive.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 12, eff. 10-14-82]—(NAC A 3-19-87; 10-25-95; A by Pub. Utilities Comm’n by R136-07, 1-30-2008)

      NAC 703.2565  Statement A. (NRS 703.025, 704.210)  Statement A must consist of a statement of financial position based on the total company, in the order of accounts prescribed by the uniform system of accounts, as of the beginning and end of the period for testing.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 13, eff. 10-14-82]

      NAC 703.2571  Statement B. (NRS 703.025, 704.210)  Statement B must consist of an income statement based on the total company, in the order of accounts prescribed by the uniform system of accounts for the period of testing.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 14, eff. 10-14-82]

      NAC 703.2575  Statement C. (NRS 703.025, 704.210)  Statement C must consist of a statement that shows the balance at the beginning of the period of testing with debits and credits to retained earnings during such a period according to descriptive captions and the resultant balance at the end of the period of testing.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 15, eff. 10-14-82]

      NAC 703.2581  Statement D. (NRS 703.025, 704.210)  Statement D must consist of a statement satisfying the letter and spirit of the Statement of Financial Accounting Standards No. 95 issued by the Financial Accounting Standards Board and adopted by reference in NAC 703.2285.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 16, eff. 10-14-82]—(NAC A 12-2-91)

      NAC 703.2585  Statement E. (NRS 703.025, 704.210)  Statement E must contain any report, opinion or footnote applicable to any portion of the period included in statements A, B, C and D or related footnotes which were made by any accountant or auditor.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 17, eff. 10-14-82]

      NAC 703.2591  Statement F. (NRS 703.025, 704.210)  Statement F must contain a statement that shows the dollar amount of each component of the capital structure, its related cost percentage and the proportion of each component of the capital structure to the total capital structure. This statement must also show the percentage of the overall rate of return requested and the general reasons therefor.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 18, eff. 10-14-82]

      NAC 703.2595  Statement G. (NRS 703.025, 704.210)  Statement G is a summary of the overall rate base of the utility by primary plant account.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 19, eff. 10-14-82]

      NAC 703.2601  Statement H. (NRS 703.025, 704.210)

     1.  Statement H is a summary of the overall results of operations developed from the supporting schedules and statements. Statement H must show and, to the extent practicable, the supporting schedules and statements must show:

     (a) The amounts as recorded on the applicant’s books;

     (b) Adjustments during the year of testing for known changes and adjustments to be certified by the applicant; and

     (c) The requested rate of return and the application of the requested rate of return to the overall rate base.

     2.  If an applicant elects to make a certification filing pursuant to subsection 3 of NRS 704.110, statement H must also include a separate schedule which specifically identifies the adjustments to be certified by the applicant.

     3.  If an applicant elects to file a statement of expected changes in circumstances pursuant to subsection 4 of NRS 704.110, statement H must also include a separate schedule specifically identifying the adjustments for the expected changes in circumstances, including directly attributable or associated offsets in revenue and expenses as required by paragraph (a) of subsection 4 of NRS 704.110.

     4.  An applicant may, but is not required to, elect to file:

     (a) A certification pursuant to subsection 3 of NRS 704.110;

     (b) A statement of expected changes in circumstances pursuant to subsection 4 of NRS 704.110; or

     (c) Both a certification and a statement of expected changes in circumstances pursuant to paragraphs (a) and (b).

     5.  If an applicant elects to file both a certification pursuant to subsection 3 of NRS 704.110 and a statement of expected changes in circumstances pursuant to subsection 4 of NRS 704.110, the applicant must:

     (a) Comply with the requirements described in subsections 2 and 3; and

     (b) Include in each filing a separate column or columns showing the subtotals for each adjusted amount.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 20, eff. 10-14-82]—(NAC A by Pub. Utilities Comm’n by R036-09, 11-25-2009)

      NAC 703.2605  Statement I. (NRS 703.025, 704.210)

     1.  If statement H contains adjustments for changes beyond the actual year of testing to be certified pursuant to subsection 3 of NRS 704.110, certification of these amounts must be submitted in statement I in accordance with subsection 3 of NRS 704.110. The certified amounts shown in statement I must be made in the same format as statement H. Statement I must begin with the results of operations as recorded and as adjusted for known changes during the year of testing from statement H. Each certified adjustment must then be shown. The necessary detail used to support each certified adjustment must be submitted with the statement.

     2.  If an applicant is filing solely pursuant to subsection 4 of NRS 704.110, statement I is not necessary.

     3.  If an applicant is filing pursuant to both subsections 3 and 4 of NRS 704.110, the expected changes in circumstances and offset amounts, in addition to the certified amounts as described in subsection 1, must be shown in statement I in the same format as statement H.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 21, eff. 10-14-82]—(NAC A by Pub. Utilities Comm’n by R036-09, 11-25-2009)

      NAC 703.2611  Statement J. (NRS 703.025, 704.210)

     1.  Statement J must contain a statement that shows operating revenues for a utility classified in accordance with the accounts for operating revenue prescribed by the uniform system of accounts. Sales and service must be classified as between departments, jurisdictional and nonjurisdictional, as applicable.

     2.  Jurisdictional operating revenues must be adjusted to show the annual effect of changes occurring during the period of testing.

     3.  If statement H contains adjustments for estimated changes in expenses beyond the actual recorded year of testing, the applicant must adjust jurisdictional operating revenues to show the annual effect of changes occurring during the period for certification in its statement I.

     4.  Statement J must disclose, using supporting schedules as necessary, revenues by months and revenue totals for the period of testing. Statement J must also disclose, using supporting schedules as necessary, the revenue totals for such a period from adjusted jurisdictional sales as computed under the presently effective and proposed rates together with the differences in the annual revenues, and the actual annual revenues from the nonjurisdictional sales.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 22, eff. 10-14-82]

      NAC 703.2615  Statement K. (NRS 703.025, 704.210)  Statement K must contain:

     1.  A statement that shows the expenses for operation and maintenance according to each account of the uniform system of accounts. The expenses must be shown under the following appropriate column headings, with subtotals for each functional classification:

     (a) Expenses for operation and maintenance as booked for the period of testing;

     (b) Any adjustment to expenses booked; and

     (c) Total adjusted expenses for operation and maintenance which are claimed.

     2.  A detailed explanation of any adjustment and the manner of their determination must be supplied.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 23, eff. 10-14-82]

      NAC 703.2621  Schedule K-1. (NRS 703.025, 704.210)  Schedule K-1 is a schedule that shows the segregation of expenses for operations and maintenance, and their functional groupings into a component for labor and a component embracing the remainder of the expenses. This segregation into components must be applicable to the recorded account balances for the year of testing and to any adjustments thereto.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 24, eff. 10-14-82]

      NAC 703.2625  Schedule K-2. (NRS 703.025, 704.210)  Schedule K-2 must contain an analysis of each account in schedule format for the year of testing disclosing:

     1.  The classification of principal charges and credits for advertising costs;

     2.  Particulars of supporting computations and accounting bases;

     3.  A description of service and related amounts for which liability is incurred or accrued; and

     4.  The name of the firm or person rendering the services.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 25, eff. 10-14-82]

      NAC 703.2631  Schedule K-3. (NRS 703.025, 704.210)  Schedule K-3 must include an analysis of each account in schedule format for the year of testing disclosing:

     1.  The classification of principal charges and credits for outside services which were employed;

     2.  Particulars of supporting computations and accounting bases;

     3.  A description of service and related amounts for which liability is incurred or accrued; and

     4.  The name of the firm or person rendering the services.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 26, eff. 10-14-82]

      NAC 703.2635  Schedule K-4. (NRS 703.025, 704.210)  Schedule K-4 must include an analysis of each account in schedule format for the year of testing disclosing:

     1.  The classification of principal charges and credits for pensions and benefits for employees;

     2.  Particulars of supporting computations and accounting bases;

     3.  A description of service and related amounts for which liability is incurred or accrued; and

     4.  The name of the firm or person rendering the services.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 27, eff. 10-14-82]

      NAC 703.2641  Schedule K-5. (NRS 703.025, 704.210)  Schedule K-5 must include an analysis of each account in schedule format for the year of testing disclosing:

     1.  The classification of principal charges and credits for expenses caused by regulations of the Commission;

     2.  Particulars of supporting computations and accounting bases;

     3.  A description of service and related amounts for which liability is incurred or accrued; and

     4.  The name of the firm or person rendering the services.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 28, eff. 10-14-82]

      NAC 703.2645  Schedule K-6. (NRS 703.025, 704.210)  Schedule K-6 must include an analysis of each account in schedule format for the year of testing disclosing:

     1.  The classification of principal charges and credits for miscellaneous general expenses;

     2.  Particulars of supporting computations and accounting bases;

     3.  A description of service and related amount in dollars for which liability is incurred or accrued; and

     4.  The name of the firm or person rendering the services.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 29, eff. 10-14-82]

      NAC 703.2651  Schedule K-7. (NRS 703.025, 704.210)  If the expense accounts contain charges or credits from associated companies or nonutility departments of the applicant, the applicant must submit schedule K-7 for each such associated company or nonutility department showing:

     1.  The amount of the charges or credits during each month and in total for the year of testing.

     2.  The account classification or classification charged or credited.

     3.  A description of the specific services performed for, or by, the associated company or nonutility department.

     4.  The bases used in determining the amounts of the charges or credits.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 30, eff. 10-14-82]

      NAC 703.2655  Statement L. (NRS 703.025, 704.210)

     1.  Statement L must contain a statement that shows separately the plant depreciation and amortization expense by functional classifications. These expenses must be shown in separate columns as follows:

     (a) Expenses for the period of testing;

     (b) Any adjustment to such expense; and

     (c) The total adjusted expense claimed.

     2.  The bases, methods, essential computations and derivation of unit rates for the calculation of depreciation and amortization for the 12 months of actual experience and for the adjustments thereto, if any, must be fully and clearly explained. The amounts of depreciable plant must be shown by functional accounts. Any deviation from the rates used in disposing of the applicant’s last previous filing or determination by the Commission must be explained, showing the rate previously used and the supporting data for the new rate used for this application.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 31, eff. 10-14-82]

      NAC 703.2661  Statement M. (NRS 703.025, 704.210)  Statement M must contain a statement that shows the computation of allowances for federal income taxes for the period of testing. To indicate the accounting classification applicable to the amount claimed, the computation of the allowance for federal income tax must show separately the amounts designated as current tax and deferred tax.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 32, eff. 10-14-82]

      NAC 703.2665  Schedule M-1. (NRS 703.025, 704.210)  Schedule M-1 must contain a schedule that shows monthly book balances of accumulated deferred income taxes for each of the 12 months during the period of testing.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 33, eff. 10-14-82]

      NAC 703.2671  Schedule M-2. (NRS 703.025, 704.210)

     1.  Schedule M-2 must contain a schedule that shows the taxes paid by the applicant, other than income taxes in separate columns, as follows:

     (a) A tax expense per books for the period of testing;

     (b) Any adjustments to the amounts booked; and

     (c) The total adjusted taxes claimed.

     2.  The taxes must be shown by states and by kind of taxes.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 34, eff. 10-14-82]

      NAC 703.2675  Schedule M-3. (NRS 703.025, 704.210)  Schedule M-3 must contain a schedule which reconciles the amount of book net income with taxable net income as reported to the United States Internal Revenue Service for the most recent year for which a tax return was filed.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 35, eff. 10-14-82]

      NAC 703.2681  Statement N. (NRS 703.025, 704.210)  Statement N must contain a statement that shows the allocation of both rate base components and components of the results of operations between or among departments, jurisdictions or regulated and nonregulated operations. The statement must show the total balance of each item to be allocated and the portion allocated to each department, jurisdiction or other category. The statement or appropriate supporting schedules must provide sufficient information as to methods, procedures, data and derivation of percentages and ratios to permit the Commission to review the applicant’s procedures and to independently allocate any adjustments to the applicant’s statements or schedules using the same method employed by applicant.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 36, eff. 10-14-82]

      NAC 703.2685  Statement O. (NRS 703.025, 704.210)  Statement O must contain a narrative statement used in support of the design of a proposed rate. The statement must describe and justify the objectives of the design of the proposed rate. If the purpose of the design is to reflect costs, the narrative must state how that objective is achieved and must be accompanied by a summary analyzing cost that would justify the design. If the design is not intended to reflect costs (whether fully distributed, incremental or other), a statement must be furnished justifying the departure from rates based on cost.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 37, eff. 10-14-82]

      NAC 703.2687  Statement P. (NRS 703.025, 704.210)  Statement P must be used to disclose:

     1.  Any change in presentation for rate-making purposes and any change in accounting methods, procedures and allocations adopted during the 3 years immediately preceding the filing date of the application in question or in the period since the year of testing presented in the prior case for general rates, whichever is shorter. If the change will increase or decrease the applicant’s current requirements for revenue by more than $25,000 or one-hundredth of 1 percent of the overall rate of return for the period of testing, whichever is smaller, the disclosure must include a description of the new method, the old method and a calculation illustrating any effect of the change upon the applicant’s weighted cost of capital, rate base or summary of earnings.

     2.  Any categories of expense or rate base which have been considered and disallowed by the Commission in a previous case and a full explanation of the new facts and policy considerations offered for each item proposed.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 38, eff. 10-14-82]—(NAC A 1-6-84)

      NAC 703.2688  Statement Q. (NRS 703.025, 704.210)  Statement Q must contain a statement of the number and type of shares held by shareholders at the end of the test year and any changes in ownership which occurred during the test year, including that information required in subsection 9 of NAC 703.175.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-84)

      NAC 703.2691  Certified adjustments. (NRS 703.025, 704.210, 704.68865)

     1.  The applicant may certify in statement I to the following experienced adjustments for up to 6 months beyond the recorded test period, as provided in subsection 3 of NRS 704.110. Adjustments that may be certified and reported in an application for a rate increase in statement I include, but are not limited to, the following items:

     (a) The costs of new securities as defined in NRS 704.322 and the associated interest expense as an adjustment to federal income tax calculation;

     (b) Adjustments in the rate base that reflect increased investments in facilities used and useful in operations of the competitive supplier that is an incumbent local exchange carrier and the deduction of the appropriate amounts from construction work in progress as a factor in allocating interest costs between departments;

     (c) Operating revenues based on sales calculated as described in NAC 703.2611; and

     (d) Expenses which are:

          (1) Labor costs, pensions, benefits and taxes, when the taxes are a direct result of a change in the rate per unit of labor costs;

          (2) Costs for research and development;

          (3) Property taxes;

          (4) Depreciation;

          (5) Insurance; and

          (6) Rent.

     2.  Each adjustment must also include a calculation of the appropriate federal income tax.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 40, eff. 10-14-82]—(NAC A 10-25-95; A by Pub. Utilities Comm’n by R136-07, 1-30-2008; R036-09, 11-25-2009)

      NAC 703.2711  Notice to public and customers. (NRS 703.025, 704.210, 704.68865)

     1.  When a competitive supplier that is an incumbent local exchange carrier files a general rate application pursuant to subparagraph 2 of paragraph (b) of subsection 2 of NRS 704.68877, the competitive supplier 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 listing the locations at which additional information may be obtained; and

     (c) Within 20 days after filing the application, submit to the Commission affidavits of that filing and the posting required in paragraphs (a) and (b).

     2.  When a competitive supplier that is an incumbent local exchange carrier files a general rate application pursuant to subparagraph 2 of paragraph (b) of subsection 2 of NRS 704.68877 to adjust any rate or charge for the service or commodities furnished by the competitive supplier to increase its return on investment, to increase its rate base or to cover expenses and the Commission has set a date for a hearing on the application, the applicant shall provide 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 basic network 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 competitive supplier filing the application. The notice must be given at least 10 days before the hearing, by two of the three 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, such as newspapers, television or 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) List 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.

     [Pub. Service Comm’n, Gen. Order 3 Rule 16-A § 44, eff. 10-14-82]—(NAC A 1-6-84; 3-19-87; 10-25-95; A by Pub. Utilities Comm’n by R116-03, 10-30-2003; R136-07, 1-30-2008)

Changes in Rates of Telecommunication Providers: Small-Scale Providers of Last Resort That Are Not Competitive Suppliers

      NAC 703.27116  Applicability. (NRS 703.025, 704.210)  The provisions of NAC 703.27116 to 703.27146, inclusive, apply to small-scale providers of last resort that are not competitive suppliers.

     (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; R040-08, 9-18-2008)

      NAC 703.27118  Information required in application for adjustments in rates. (NRS 703.025, 704.210)  An application for adjustments in rates by a small-scale provider of last resort must include:

     1.  An exhibit summarizing the presently existing rates and the proposed rates, a brief description of each change in rates requested and a reference to the associated page of the tariff.

     2.  An exhibit containing all proposed changes or additions to the tariff. If the proposal changes existing language in the tariff, the exhibit must also contain the existing language in the tariff.

     3.  A complete and accurate explanation of the circumstances and conditions relied upon as justification for the application.

     4.  A statement indicating whether the applicant has included adjustments to be certified pursuant to subsection 3 of NRS 704.110 or a statement of expected changes in circumstances in accordance with subsection 4 of NRS 704.110.

     5.  An exhibit referencing any prior proceeding before the Commission which has been held since the applicant’s last general rate case and which is related to any of the proposals contained in the application.

     6.  A brief description of the:

     (a) Applicant’s reasons for the application or filing of a tariff;

     (b) Estimated effect that approval of the application or tariff by the Commission will have on the applicant’s annual revenue; and

     (c) Estimated effect, for each service offered, of approval of the application or tariff by the Commission on rates and charges paid by the applicant’s customers.

     7.  A proposed notice of hearing which conforms to the requirements of paragraphs (b), (c) and (d) of subsection 2 of NRS 233B.121.

     (Added to NAC by Pub. Service Comm’n, eff. 10-25-95; A by Pub. Utilities Comm’n by R136-07, 1-30-2008; R036-09, 11-25-2009)

      NAC 703.2712  Scope of presentation and preparation for hearing. (NRS 703.025, 704.210)  An applicant must be prepared to go forward at a hearing on the data which has been submitted and to sustain the burden of proof of establishing that its proposed changes are just and reasonable and not unduly discriminatory or preferential. To avoid delay by the Commission in its consideration of the proposed changes, the applicant shall ensure that the material upon which it relied is of such composition, scope and format that it would serve as its complete case if the matter is set for hearing.

     (Added to NAC by Pub. Service Comm’n, eff. 10-25-95; A by Pub. Utilities Comm’n by R036-09, 11-25-2009)

      NAC 703.27122  Recorded data and adjustments. (NRS 703.025, 704.210)

     1.  Amounts which purport to represent recorded data and are included in a form, statement or schedule must be reported in a separate column or columns. Adjustments to recorded data must also be reported in a separate column or columns so that the recorded data, the adjustments thereto and the adjusted amounts are clearly disclosed.

     2.  If an applicant includes adjustments which will be experienced and certified pursuant to subsection 3 of NRS 704.110, such adjustments must be reported in a separate column or columns so that the recorded data, the adjustments thereto and the certification adjustments, if any, are clearly disclosed.

     3.  If the applicant includes, pursuant to subsection 4 of NRS 704.110, adjustments which show the effects, on an annualized basis, of expected changes in circumstances that are reasonably known and measurable with reasonable accuracy, such adjustments must be reported in a separate column or columns so that the recorded data, adjustments to recorded data, certification adjustments, if any, and adjustments that show the effects of expected changes in circumstances, including directly attributable or associated offsets in revenue and expenses as required by paragraph (a) of subsection 4 of NRS 704.110, are clearly disclosed.

     4.  All adjustments to recorded data which are submitted pursuant to subsection 1, 2 or 3 must be supported by workpapers detailing the calculations, units, unit rates and any other accounting or financial data necessary to explain and justify completely the proposed adjustments.

     5.  The applicant shall calculate all adjustments which are submitted pursuant to subsection 1, 2 or 3 to show the annual effect of the change in units or in the unit rate, or both, upon the applicant’s weighted cost of capital, rate base or summary of earnings.

     (Added to NAC by Pub. Service Comm’n, eff. 10-25-95; A by Pub. Utilities Comm’n by R036-09, 11-25-2009)

      NAC 703.27124  Reliance on other data. (NRS 703.025, 704.210)  If the applicant has relied on data other than that presented in the forms, statements and schedules prescribed by NAC 703.27116 to 703.27146, inclusive, that data must be submitted in addition to the prescribed forms, statements and schedules.

     (Added to NAC by Pub. Service Comm’n, eff. 10-25-95)

      NAC 703.27126  Supporting data. (NRS 703.025, 704.210)

     1.  The data in support of the proposed increase in rates must include the required recorded data, adjustments and other computations and information on which the applicant relies to justify the proposed rates.

     2.  Any data or summaries included in the application which reflect the book of accounts must be supported by accounting workpapers. The workpapers must contain all necessary particulars from which an auditor may readily identify the book data included in the filing in separate columns and a verification that the data is in agreement with the applicant’s book of accounts. All forms, statements, schedules and workpapers must be prepared in accordance with the classifications provided in the Uniform System of Accounts. Workpapers in support of all adjustments, computations and other information included in the application must be cross-referenced, contain all relevant details and be available for inspection.

     3.  Each applicant shall prepare and maintain workpapers sufficient to support the application. Failure to produce promptly such workpapers on the request of an authorized representative of the Commission or the Consumer’s Advocate is a cause for dismissal by the Commission of the application in its entirety. In addition to the workpapers, the following material, normally prepared by the applicant, must be made available for verification and analysis by the Commission’s staff and the Consumer’s Advocate. Upon request, a copy must be furnished. If required for the analysis, the Commission will request:

     (a) Copies of monthly financial reports prepared for managerial purposes.

     (b) Copies of the accounting analyses of balance sheet accounts.

     (c) Complete trial balances of all the balance sheet accounts at the beginning and end of the 12 months of actual experience, and revenue and expense accounts for the 12 months of recorded data used for the application.

     (d) Analyses of the miscellaneous revenues and related expenses included in the submitted results of operations.

     (e) Analyses of accounts showing retained earnings or capital surplus.

     (f) Copies of all relevant reports and correspondence with other regulatory agencies.

     (g) Copies of all relevant reports, returns and correspondence with federal, state and local authorities on taxes.

     (h) If not confidential, copies of all managerial studies, reports and letters prepared by employees of the provider and outside auditors.

     (Added to NAC by Pub. Service Comm’n, eff. 10-25-95)

      NAC 703.27128  Application for change in rates which results in general change in annual revenues. (NRS 703.025, 704.210)

     1.  Whenever a small-scale provider of last resort files a request which will result in a general change in its annual revenues as a consequence of adjusting rates for existing service, the small-scale provider of last resort must submit a completed application, setting forth its proposed changes and the reasons for the changes. The application must contain recorded results of revenues, expenses, investments, costs of capital for the test year and normalization and annualization adjustments as necessary to reasonably and appropriately reflect the results of its operations.

     2.  The Commission will give public notice of the application in accordance with its regulations and procedures. The Commission will not consider a request for a rate increase as filed until the application is complete and ready for the staff’s analysis.

     (Added to NAC by Pub. Service Comm’n, eff. 10-25-95; A by Pub. Utilities Comm’n by R107-07, 12-4-2007; R136-07, 1-30-2008)

      NAC 703.2713  Service of application for change in rates; compliance with provisions regarding notice. (NRS 703.025, 704.210)  A small-scale provider of last resort shall serve a copy of the application on the governing body of each county, municipality and general improvement district whose residents would be affected by the proposed changes in rates. The applicant must also comply with the notice provisions set forth in NAC 703.27146.

     (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 703.27132  Information required in application for change in rates. (NRS 703.025, 704.210)

     1.  An application by a small-scale provider of last resort for a change in rates must include the following:

     (a) The general information specified in NAC 703.27118.

     (b) Information required to complete the following forms, which are available from the Commission:

          (1) Form A, which provides general information about the company.

          (2) Form B, which is a statement of financial position based on the total company, in the order of accounts prescribed by the Uniform System of Accounts, as of the beginning and ending of the test year.

          (3) Form C, which is an income statement based on the total company, in the order of accounts prescribed by the Uniform System of Accounts, for the test year.

          (4) Form D, which is a statement that shows the balance at the beginning of the test year with debits and credits to retained earnings during that year according to descriptive captions and the resultant balance at the end of the test year.

          (5) Form E, which is a summary of the overall rate base of the company by primary plant account for the test year. The rate base must be separated to reflect the total company and Nevada jurisdictional accounts.

          (6) Form F, which must contain a statement that shows the dollar amount of each component of the capital structure, its related cost percentage and the proportion of each component of the capital structure to the total capital structure. This form must also show the percentage of the overall rate of return requested.

          (7) Form G, which is a summary of overall results of operations developed from the supporting schedules and statements. The results of operations must be separated by jurisdiction. Form G must show:

               (I) The amounts as recorded on the applicant’s books;

               (II) Adjustments during the test year of known changes;

               (III) Adjustments necessary to normalize or annualize the various components of the results of operation, including, without limitation, revenues, depreciation and labor expenses; and

               (IV) The return on equity, as determined in accordance with NAC 703.27138, unless otherwise determined by the Commission, and the application of the return on equity and the resulting rate of return on the overall rate base.

          (8) If Form G or Form I, or both, contain an adjustment for changes beyond the actual test year in a certification filing, certification of these amounts must be submitted in Form H in accordance with subsection 3 of NRS 704.110. The certified amounts must be shown on this form in the same format as those shown in Form G or Form I, as appropriate. Each certified adjustment must be shown separately. The necessary detail used to support each certified adjustment must be submitted with this form. In addition, any certification adjustments contained in Form G pursuant to subsection 3 of NRS 704.110 must be shown in Form H in the same format as Form G.

          (9) If Form G or Form I, or both, contain adjustments for changes beyond the actual year of testing in a statement of expected changes in circumstances, including directly attributable or associated offsets, supporting details for those amounts must be submitted in Form F in accordance with subsection 4 of NRS 704.110. The amounts for the expected changes in circumstances must be shown in Form H in the same format as Form G or Form I. Form H must begin with the results of operations as recorded and as adjusted for known changes during the year of testing from Form G. Each certified adjustment must then be shown. The necessary detail used to support each certified adjustment must be submitted with the form. An applicant may elect to file both a certification pursuant to subsection 3 of NRS 704.110 and a statement of expected changes in circumstances pursuant to subsection 4 of NRS 704.110. If an applicant makes such an election, the applicant must comply with the requirements described in this subparagraph.

          (10) Form I, which must:

               (I) Contain a statement that shows operating revenues of the applicant, separated by jurisdiction, classified in accordance with the accounts for operating revenue prescribed by the Uniform System of Accounts;

               (II) Disclose, using such supporting schedules as necessary, monthly revenues and revenue totals for the period of testing; and

               (III) Disclose, using such supporting schedules as necessary, the revenue totals for the period of testing from adjusted jurisdictional revenues as computed pursuant to the presently effective and proposed rates together with the difference in the annual revenues.

Ê Jurisdictional operating revenues must be adjusted to show the annual effect of changes occurring during the test year. If the application contains adjustments for estimated changes in expenses beyond the actual recorded test year, the applicant must adjust the jurisdictional operating revenues to show the annual effect of changes occurring during the test year for certification in Form H.

          (11) Form J, which must contain a statement that shows the expense for operation and maintenance according to each account of the Uniform System of Accounts. If the expense accounts contain charges or credits in excess of $5,000 from associated companies of the applicant or departments of the applicant which are not utilities, the applicant shall submit the following information for each such associated company or department which:

               (I) Shows the amount of the charges or credits during each month and in total for the year of testing;

               (II) Shows the classification of the account or the classification charged or credited;

               (III) Includes a description of the specific services performed for or by the associated company or department; and

               (IV) Shows the bases used in determining the amounts of the charges or credits.

          (12) Form K, which must contain a statement that shows separately the plant depreciation and amortization expense by functional classifications. These expenses must be shown in separate columns as follows:

               (I) Expenses for the period of testing;

               (II) Any adjustment to such an expense; and

               (III) The total adjusted expense claimed.

          (13) Form L, which provides for customer notice.

     2.  If the applicant elects to file a certification pursuant to subsection 3 of NRS 704.110, Form G must also include, in addition to the information described in subparagraph (7) of paragraph (b) of subsection 1, a separate schedule which specifically identifies the adjustments to be certified by the applicant.

     3.  If the applicant elects to file a statement of expected changes in circumstances pursuant to subsection 4 of NRS 704.110, Form G must also include, in addition to the information described in subparagraph (7) of paragraph (b) of subsection 1, a separate schedule specifically indentifying the adjustments for the expected changes in circumstances, including directly attributable or associated offsets in revenue and expenses as required by paragraph (a) of subsection 4 of NRS 704.110.

     4.  An applicant may, but is not required to, elect to file:

     (a) A certification pursuant to subsection 3 of NRS 704.110;

     (b) A statement of expected changes in circumstances pursuant to subsection 4 of NRS 704.110; or

     (c) Both a certification and a statement of expected changes in circumstances pursuant to paragraphs (a) and (b).

     5.  If an applicant elects to file both a certification pursuant to subsection 3 of NRS 704.110 and a statement of expected changes in circumstances pursuant to subsection 4 of NRS 704.110, the applicant must:

     (a) Comply with the requirements described in subsections 2 and 3; and

     (b) Include in each filing a separate column or columns showing the subtotals for each adjusted amount.

     6.  Until the utility has submitted a completed application, its application will not be considered by the Commission.

     (Added to NAC by Pub. Service Comm’n, eff. 10-25-95; A by Pub. Utilities Comm’n by R136-07, 1-30-2008; R036-09, 11-25-2009)

      NAC 703.27134  Review of application for change in rates by staff of Commission; report on consumer relations. (NRS 703.025, 704.210)

     1.  Upon receipt of an application for a change in the rates filed pursuant to NAC 703.27128 to 703.27146, inclusive, the Commission’s Division of Consumer Complaint Resolution will prepare a report on all service complaints received by the Division after the last such request by the small-scale provider of last resort.

     2.  The staff of the Commission will review the application to determine whether the requested change in rates is reasonable. The staff will conduct the review and forward its report on whether the change in rates is reasonable and the report on consumer relations to the small-scale provider of last resort for its review not later than 60 days after the completed application is filed.

     (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 703.27136  Hearing on application for change in rates; submission of prepared testimony. (NRS 703.025, 704.210)

     1.  The Commission will set the matter for a consumer hearing after a completed application has been filed.

     2.  The record of a public hearing convened solely for the purpose of receiving comments from customers may be reported by the Commission’s sound recording equipment as provided in NRS 703.330 under the direction of the presiding officer. The Commission Secretary shall file and maintain the tapes.

     3.  If a provider is required to present and justify its proposed changes in rates in a hearing, it shall submit prepared testimony to the Commission and all parties of record not later than 21 days after the Commission has ordered the matter to be set for an evidentiary hearing.

     (Added to NAC by Pub. Service Comm’n, eff. 10-25-95; A by Pub. Utilities Comm’n by R107-07, 12-4-2007)

      NAC 703.27138  Determination of appropriate return on common equity. (NRS 703.025, 704.210)

     1.  At least once every 3 years, small-scale providers of last resort, the staff of the Commission and the Consumer’s Advocate shall hold discussions to determine whether they can recommend:

     (a) A formula to calculate returns on common equity;

     (b) A generic return on common equity; or

     (c) Individual returns on common equity,

Ê that would be applicable to the small-scale providers of last resort until the time in which the returns on common equity are next established pursuant to this section. The staff of the Commission is responsible for convening the discussion.

     2.  If the small-scale providers of last resort, the staff of the Commission and the Consumer’s Advocate are able to agree to a mutually acceptable formula, generic return or returns on equity for individual companies, the staff of the Commission shall submit a petition requesting review and approval of the joint recommendation by the Commission. If the parties cannot agree on a joint recommendation, the staff of the Commission shall file a petition requesting that the Commission adopt a formula, a fixed return on common equity applicable to all small-scale providers of last resort, or a specific return on common equity for individual small-scale providers of last resort. In its petition, the staff shall present the facts necessary to justify its recommendations.

     3.  Upon receipt of a petition pursuant to subsection 2, the Commission will give public notice of the petition and solicit written comments and may, after a reasonable time for the receipt of written comments, issue an order which accepts, rejects or modifies the recommendation and specifies the formula, return or returns as accepted, rejected or modified, or set the matter for hearing.

     4.  The Commission will use the formula, return or returns on common equity as determined by the Commission pursuant to this section in evaluating each application for a change in rates filed by a small-scale provider of last resort subject to the provisions of NAC 703.27128 to 703.27146, inclusive, and for requests for money from the fund established pursuant to NRS 704.040, unless a party of record to the proceeding notifies the Commission and the other parties of record, in writing, before the deadline set for petitions for leave to intervene, of its intention to present evidence in support of a different rate of return on common equity.

     (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 703.2714  Requests to establish or change rates for discretionary or competitive service. (NRS 703.025, 704.210)  Whenever a small-scale provider of last resort, who is regulated pursuant to NAC 703.27128 to 703.27146, inclusive, requests to establish or change the rates for a new or existing service which it is requesting to be classified as competitive or discretionary, or which has been previously classified by the Commission as discretionary or competitive, the small-scale provider of last resort may establish or change rates by complying with the requirements for notice, filing and other terms and conditions set forth in NAC 704.6806 to 704.68076, inclusive, 704.7475, 704.7477, 704.7485 and 704.7487, as appropriate. If the rate schedule includes services previously classified by the Commission as discretionary or competitive, the filing must be accompanied by a specific reference to the appropriate Commission records or orders which indicate that the service has been classified as discretionary or competitive. A filing made pursuant to this section is not subject to the requirements set forth in subsection 3 of NAC 703.400.

     (Added to NAC by Pub. Service Comm’n, eff. 10-25-95; A by Pub. Utilities Comm’n by R010-05, 9-7-2005; R136-07, 1-30-2008)

      NAC 703.27142  Deviation from regulations. (NRS 703.025, 704.210)  If a small-scale provider of last resort believes that its compliance with NAC 703.27128 to 703.27146, inclusive, would be impracticable or unnecessary because of factors which are unique to its application, the small-scale provider of last resort must apply to the Commission for a variance from those provisions accompanied by justification for the deviation.

     (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 703.27144  Certified adjustments. (NRS 703.025, 704.210)

     1.  The applicant may certify in Form H to the following experienced adjustments for up to 6 months beyond the recorded test period, as provided in subsection 3 of NRS 704.110. Adjustments that may be certified and reported in an application for any rate increase in Form H include, but are not limited to:

     (a) The cost of new securities, as defined in NRS 704.322, and the associated interest expense as an adjustment to the calculation of federal income tax;

     (b) Adjustments in the rate base that reflect increased investments in facilities used and useful in the operations of the small-scale provider of last resort and the deduction of the appropriate amounts from construction work in progress as a factor in allocating interest costs between departments;

     (c) Operating revenues based on sales calculated as described in NAC 703.2611; and

     (d) Expenses, including:

          (1) Labor costs, pensions, benefits and taxes, if the taxes are a direct result of a change in the rate per unit of labor costs;

          (2) Costs for research and development;

          (3) Property taxes;

             (4) Depreciation;

 

          (5) Insurance; and

          (6) Rent.

     2.  Each adjustment must also include a calculation of the appropriate federal income tax.

     (Added to NAC by Pub. Service Comm’n, eff. 10-25-95; A by Pub. Utilities Comm’n by R136-07, 1-30-2008; R036-09, 11-25-2009)

      NAC 703.27146  Notice to public and customers. (NRS 703.025, 704.210)

     1.  When a small-scale provider of last resort files an application to adjust any rate or charge for the service or commodities furnished by it in order to increase its return on investment, to increase its rate base or to cover expenses, the applicant 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 listing the locations at which additional information may be obtained; and

     (c) Within 20 days after filing the application, submit to the Commission affidavits of that filing and the posting required in paragraphs (a) and (b).

     2.  When a small-scale provider of last resort files an application to adjust any rate or charge for the service or commodities furnished by the small-scale provider of last resort to increase its return on investment, to increase its rate base or to cover expenses, and the Commission has set a date for a hearing on the application, the applicant shall provide 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 small-scale provider of last resort filing the application. The notice must be given at least 10 days before the hearing, by two of the three 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, but not limited to, newspapers, television or radio, so that the notice will likely reach the applicant’s customers.

     3.  At or before the hearing, the applicant shall submit a verified statement to the Commission that the notice required in subsection 2 has been given. The statement must:

     (a) List 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 broadcast.

     (Added to NAC by Pub. Service Comm’n, eff. 10-25-95; A by Pub. Utilities Comm’n by R116-03, 10-30-2003; R136-07, 1-30-2008)

Changes in Boundaries of Service Area: Competitive Suppliers That Are Providers of Last Resort

      NAC 703.27148  Filing and contents of application. (NRS 703.025, 704.210, 704.330)

     1.  If a competitive supplier that is a provider of last resort has complied with the requirements of paragraph (a) of subsection 9 of NRS 704.330, the competitive supplier may file an application to change the boundaries of its service area pursuant to paragraph (b) of subsection 9 of NRS 704.330.

     2.  In addition to the general filing requirements set forth in NAC 703.530 to 703.577, inclusive, 703.610 and 703.615, an application filed pursuant to subsection 1 must contain the following information:

     (a) All the names under which the competitive supplier conducts business in this State;

     (b) A description of the boundaries of the current service area;

     (c) A map depicting the boundaries of the current service area;

     (d) A description of the proposed changes to the boundaries of the current service area;

     (e) A map depicting the proposed changes to the boundaries of the current service area, which must distinguish between the current service area and the proposed changes to the current service area;

     (f) The competitive supplier’s basis for changing the boundaries of the current service area; and

     (g) A statement that:

          (1) The application does not involve a discontinuance of basic network service; or

          (2) The application does involve a discontinuance of basic network service pursuant to an order of the Commission, cited by docket number, pursuant to NAC 704.744.

     (Added to NAC by Pub. Utilities Comm’n by R040-08, eff. 9-18-2008)

      NAC 703.27149  When application deemed approved. (NRS 703.025, 704.210, 704.330)  An application filed pursuant to NAC 703.27148 will be deemed approved if the Commission does not act on the application within 120 days after the date the application is filed with the Commission.

     (Added to NAC by Pub. Utilities Comm’n by R040-08, eff. 9-18-2008)

Applications for Approval of New or Revised Depreciation Rates

      NAC 703.2715  Applicability. (NRS 703.025, 704.210, 704.68865)

     1.  Except as otherwise provided in subsection 2, the provisions of NAC 703.2715 to 703.278, inclusive, apply to any electric, gas or telephone company, except a carrier between local areas of transport and access as defined by NAC 704.00868 and any public utility furnishing water or sewer services under the jurisdiction of the Commission which:

     (a) Has an annual operating revenue of at least $250,000; and

     (b) Submits an application for approval of new or revised depreciation rates.

     2.  The provisions of NAC 703.2715 to 703.278, inclusive, only apply to a competitive supplier that is an incumbent local exchange carrier in the event the competitive supplier files a general rate application pursuant to subparagraph (2) of paragraph (b) of subsection 2 of NRS 704.68877 before January 1, 2012, to increase the rates or pricing of basic network services as set forth in the tariffs of the competitive supplier that were in effect on January 1, 2007.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-84; A 12-12-89; 10-25-95; A by Pub. Utilities Comm’n by R136-07, 1-30-2008; R103-07, 10-27-2009)

      NAC 703.272  Application: Contents; action by Commission when filed as part of general rate application. (NRS 703.025, 704.210)

     1.  An application for approval of new or revised depreciation rates must include:

     (a) For each account, the proposed depreciation rate and the existing depreciation rate which will be superseded.

     (b) A complete and accurate explanation of the circumstances and conditions relied upon as a basis for filing the application. This may include directives of the Commission or any other regulatory or judicial body having jurisdiction over the premises.

     (c) Any prior action taken by the Commission relative to the existing and proposed depreciation rates.

     2.  If the application for approval of new or revised depreciation rates is filed as part of a general rate application pursuant to NRS 704.110, the Commission will issue an order granting or denying, in whole or in part, the new or revised depreciation rates in the application within 90 days after the date on which the certification required by NRS 704.110 is filed with the Commission, or within 210 days after the date on which the general rate application is filed with the Commission, whichever time is longer.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-84; A 12-12-89; A by Pub. Utilities Comm’n by R047-02, 10-24-2002; R036-09, 11-25-2009)

      NAC 703.2725  Statements to be filed with application; index. (NRS 703.025, 704.210)  The statements prescribed under NAC 703.276 to 703.2775, inclusive, must be filed with the Commission simultaneously with the application. An index of these statements must also accompany the application. This index must indicate which statements are supported by workpapers prepared by the applicant.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-84)

      NAC 703.273  Request for additional information. (NRS 703.025, 704.210)  The Commission will request that information in addition to that specifically required under NAC 703.276 to 703.2775, inclusive, be submitted by a utility if needed to determine the reasonableness of the proposed depreciation rates.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-84)

      NAC 703.2735  Illustrative statements. (NRS 703.025, 704.210)  Copies of illustrative statements are available at the Commission’s offices during business hours.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-84)

      NAC 703.274  Sufficiency of application. (NRS 703.025, 704.210)  An applicant must be prepared to go forward on the data which have been submitted and to sustain the burden of proof of establishing that its proposed depreciation rates are reasonable. The material relied on in the application must be of such composition, scope and format that it would serve as the applicant’s case if the matter is set for hearing.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-84)

      NAC 703.2745  Form of statements. (NRS 703.025, 704.210)  Statements must generally follow the illustrative examples available at the Commission’s offices. Each item must be labeled, mathematically correct and properly cross-referenced. Each statement must indicate the date or period it covers.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-84)

      NAC 703.275  Data not presented in statements. (NRS 703.025, 704.210)  If the applicant has relied on data in support of its proposed depreciation rates other than that presented in the required statements, the applicant must submit this data with the required statements.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-84)

      NAC 703.2755  Supporting data. (NRS 703.025, 704.210)

     1.  Data submitted in support of proposed depreciation rates must include the required recorded data, adjustments and other computations and information on which a utility relies to justify the proposed depreciation rates.

     2.  Any data or summaries included in the application which reflect the book of accounts, such as plant and reserve balances, must be supported by accounting workpapers. The workpapers must contain in separate columns all necessary particulars from which an auditor may readily identify the book data included in the application and verify that such data are in agreement with the applicant’s book of accounts. All statements and workpapers must be prepared in accordance with the classifications provided in the uniform systems of accounts which are applicable to the applicant. Workpapers in support of all adjustments, computations and other information included in the application must be cross-referenced and available for inspection by the Commission’s staff.

     3.  Each applicant must prepare and maintain workpapers which are sufficient to support the application. Failure to produce workpapers promptly on the request of authorized representatives of the Commission is a cause for dismissal by the Commission of the application in its entirety.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-84)

      NAC 703.276  Study of depreciation. (NRS 703.025, 704.210)

     1.  An applicant shall provide a study of depreciation based upon the remaining life of existing plant at intervals not exceeding 6 years or as otherwise directed by the Commission or other regulatory or judicial body having jurisdiction over the premises. The study must be filed with the Commission not later than 9 months after the date of the study upon which the proposed depreciation rates are based.

     2.  An applicant must include in its application statements A, B and C and such schedules, graphs and other information as necessary to support the study and the proposed depreciation rates. The Commission will determine whether this information is sufficient to support the application.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-84; A 12-12-89; A by Pub. Utilities Comm’n by R036-09, 11-25-2009)

      NAC 703.2765  Statement A. (NRS 703.025, 704.210)

     1.  Statement A must consist of:

     (a) A summary for each applicable account of the factors used to compute the proposed depreciation rates;

     (b) The depreciable utility plants in place on the date of the study and the annual accrued depreciation which will be realized from the application of the proposed rates to the depreciable plant balances;

     (c) The corresponding present rates and accrued depreciation;

     (d) The change in accrued depreciation which will result from the application of the proposed rates; and

     (e) Intrastate jurisdictional factors and accrued depreciation and the change in jurisdictional accrued depreciation which will result from the application of the proposed rates. Any adjustments to accrued depreciation for amortization or for any other reason in any account, whether proposed or presently in effect, must be noted and fully and clearly explained in a footnote or supporting schedule.

     2.  If the date of the study does not coincide with the date of the most recent annual report on file with the Commission, supporting schedules must be made available showing, in separate columns, the additions and reductions in book accounts made during the period between the date of the annual report and the date of the study for depreciable plant balances and accumulated provisions for depreciation. All adjustments must be clearly and fully explained in the supporting material submitted so that the plant balances and other information contained in statement A may be reconciled with the corresponding information contained in the annual report.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-84)

      NAC 703.277  Statement B. (NRS 703.025, 704.210)  Statement B must consist of the methods and procedures used in the study of depreciation and the basis for the final selection of the parameters utilized. The statement must include a description of previously utilized and authorized methods and procedures and a description of any changes in those methods or procedures proposed in this application.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-84)

      NAC 703.2775  Statement C. (NRS 703.025, 704.210)  Statement C must consist of a summary of the analysis of the life of each plant and the value to be gained from salvage for each depreciable plant account. The statement must include such schedules, graphs and other information as are necessary to support the specific selection of the parameters utilized for each plant account. These summaries may be organized into functional groups and the analysis of value to be gained from salvage may be contained in a separate section.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-84)

      NAC 703.278  Recording of approved rates. (NRS 703.025, 704.210)  If the Commission approves an application for new or revised depreciation rates, the approved rates must be recorded in the books and records of the utility not later than 12 months after the date of approval unless otherwise directed by the Commission or any other regulatory or judicial body having jurisdiction over the premises.

     (Added to NAC by Pub. Service Comm’n, eff. 12-12-89)

Statements of Expected Changes in Circumstances

      NAC 703.279  Effect of inclusion of statement with general rate application: Determination of return on equity. (NRS 703.025, 704.210)  The inclusion of a statement showing the effects, on an annualized basis, of expected changes in circumstances submitted with a general rate application pursuant to subsection 4 of NRS 704.110 must not preclude or restrict consideration of forward-looking data or alter the forward-looking nature of the process for determining the return on equity.

     (Added to NAC by Pub. Utilities Comm’n by R036-09, eff. 11-25-2009)

      NAC 703.2791  Identification and analysis of each specific event or program proposed as expected change in circumstances. (NRS 703.025, 704.210)  An application for a change in rates which includes a statement of expected changes in circumstances pursuant to subsection 4 of NRS 704.110 must clearly and separately identify each specific event or program proposed as an expected change in circumstances. For each event or program, the application must include a separate and specific analysis explaining, in sufficient detail to satisfy the applicant’s burden of proof, the manner in which each such event or program meets each of the criteria set forth in subsection 4 of NRS 704.110.

     (Added to NAC by Pub. Utilities Comm’n by R036-09, eff. 11-25-2009)

      NAC 703.2792  Inclusion of relevant evidence and explanation. (NRS 703.025, 704.210)

     1.  An applicant must make a good faith effort to include all evidence relevant to a statement of expected changes in circumstances that is included with an application for a change in rates pursuant to subsection 4 of NRS 704.110, including, without limitation, anticipated offsets which are directly attributable to or associated with the expected changes in circumstances as proposed by the applicant. The application must also explain in sufficient detail to satisfy the applicant’s burden of proof, as required by subsection 4 of NRS 704.110, the manner in which each anticipated offset is directly attributable to or associated with an expected change in circumstances.

     2.  Nothing in this section shall be deemed to preclude any other party from offering evidence relevant to the statement of expected changes in circumstances, including, without limitation, offsets that are directly attributable to or associated with any expected change in circumstances.

     (Added to NAC by Pub. Utilities Comm’n by R036-09, eff. 11-25-2009)

      NAC 703.2793  Filing of statement of updated revenue and expense data and explanation for each expected change in circumstances; use of updated data and data requests. (NRS 703.025, 704.210)

     1.  If an applicant submits a statement of expected changes in circumstances with an application for a change in rates pursuant to subsection 4 of NRS 704.110, the applicant must also file a statement of updated revenue and expense data regarding each expected change in circumstances included in the original statement along with an explanation for each expected change in circumstances not later than 90 days after the date on which the initial application was filed. The updated data:

     (a) May not be considered in determining whether the applicant has met its burden of proof under subsection 4 of NRS 704.110 to show that the expected changes in circumstances set forth in the statement are reasonably known and are measurable with reasonable accuracy; and

     (b) May be used:

          (1) To aid in directing discovery by identifying any expected changes in circumstances that may warrant further inquiry with respect to the basis for their inclusion in the application at the time of filing pursuant to subsection 4 of NRS 704.110;

          (2) To examine the reasonableness of monetary and other values provided in connection with only those expected changes in circumstances for which the applicant has met its burden of proof in the initial application; and

          (3) As relevant evidence by the Commission in setting just and reasonable rates.

     2.  Data requests may not be propounded by any party for the purpose of obtaining additional or ongoing current values for revenue and expense data related to an expected change in circumstances.

     (Added to NAC by Pub. Utilities Comm’n by R036-09, eff. 11-25-2009)

      NAC 703.2794  Additional requirements when applicant certifies application for change in rates. (NRS 703.025, 704.210)

     1.  If an applicant includes a statement of expected changes in circumstances pursuant to subsection 4 of NRS 704.110 with an application for a change in rates and the applicant also chooses to certify the application pursuant to subsection 3 of NRS 704.110, the applicant must, in the initial application, clearly classify the items that will be certified and the items that are included as expected changes in circumstances. An applicant may not classify an item as both eligible for classification pursuant to subsection 3 of NRS 704.110 and as an expected change in circumstances pursuant to subsection 4 of NRS 704.110.

     2.  Absent a showing of good cause, an applicant may not alter the classifications contained in the application at any time subsequent to the filing of the initial application, including, without limitation, on the date on which certification is filed.

     (Added to NAC by Pub. Utilities Comm’n by R036-09, eff. 11-25-2009)

Negotiation, Arbitration and Approval of Interconnection Agreements for Telecommunication Services

     NAC 703.280  Applicability. (NRS 233B.050, 703.025, 704.210)  The provisions of NAC 703.280 to 703.296, inclusive, apply to any request or petition submitted to the Commission pursuant to sections 251 and 252 of the Telecommunications Act of 1996, Public Law No. 104-104, 110 Stat. 56 (47 U.S.C. §§ 251 and 252).

     (Added to NAC by Pub. Utilities Comm’n by R012-97, eff. 11-14-97)

      NAC 703.284  Rights of parties and other interested persons or entities in proceedings. (NRS 233B.050, 703.025, 704.210)  In any proceeding undertaken by the Commission in response to a request submitted to the Commission pursuant to 47 U.S.C. § 252 to arbitrate unresolved issues or to approve a negotiated or mediated agreement:

     1.  The petitioner and any other party to the negotiation or agreement who is not petitioning:

     (a) Will be recognized as parties; and

     (b) May engage in discovery, submit testimony, examine witnesses and otherwise fully participate in the proceedings.

     2.  The staff of the Commission, as designated by the Commission, and the Consumer’s Advocate may:

     (a) Engage in discovery;

     (b) Participate in any public hearing;

     (c) Review unredacted copies of filings and responses to requests for discovery by the parties upon the execution of an appropriate protective agreement by the staff or the Consumer’s Advocate, as appropriate; and

     (d) Submit comments and recommendations to the presiding Commissioner pursuant to the schedule for the submission of such comments and recommendations established by the presiding Commissioner.

     3.  Any other interested person or entity that files a notice of intent to comment with the Commission may:

     (a) Participate in any public hearing;

     (b) Review unredacted copies of filings and responses to requests for discovery by the parties upon the execution of an appropriate protective agreement by the person or entity seeking to review the filings and responses; and

     (c) Submit comments and recommendations to the presiding Commissioner pursuant to the schedule for the submission of such comments and recommendations established by the presiding Commissioner.

     (Added to NAC by Pub. Utilities Comm’n by R012-97, eff. 11-14-97)

      NAC 703.286  Petition for arbitration; response to petitioner. (NRS 233B.050, 703.025, 704.210)

     1.  A petition for arbitration of unresolved issues submitted in accordance with 47 U.S.C. § 252 must include, in addition to the information required by 47 U.S.C. § 252(b)(2):

     (a) The name of the person or entity submitting the petition.

     (b) The name of the person or entity with whom the petitioner has been negotiating.

     (c) The date on which the request to negotiate was submitted to the local exchange carrier.

     (d) A copy of the request to negotiate and, if any dispute exists regarding the date on which the request was submitted to or received by the local exchange carrier, as appropriate, an explanation of the dispute.

     (e) A description of the relief which is being requested and a copy of the agreement or proposed language for an agreement for interconnection services or network elements which is being proposed by the petitioner.

     (f) Reference to any:

          (1) Regulations or statutes; or

          (2) Opinions or decisions of the Federal Communications Commission, the Commission, the federal or state courts, or other persons or entities,

Ê which the petitioner believes are relevant to the resolution of the dispute.

     (g) A copy of all available studies and other materials relating to cost and pricing which justify or support the position of the petitioner.

     (h) A certificate of service demonstrating that the petition has been served upon the other party to the negotiations, the staff of the Commission and the Consumer’s Advocate and that a copy of the petition has been provided to each person and entity on the list for notification established pursuant to NAC 703.296.

     (i) Any other information that the petitioner believes will be useful to the Commission.

     2.  An answer filed pursuant to 47 U.S.C. § 252(b)(3) must include:

     (a) A response to each allegation made by the petitioner.

     (b) The position on each unresolved issue which the answering party recommends that the Commission adopt and a copy of the agreement or proposed language for an agreement for interconnection services or network elements, or both, which the answering party supports.

     (c) Reference to any:

          (1) Regulations or statutes; or

          (2) Opinions or decisions of the Federal Communications Commission, the Commission, federal or state courts, or other persons or entities,

Ê which the answering party believes are relevant to the resolution of the dispute.

     (d) Copies of all available studies and other materials relating to cost and pricing which justify or support the position of the answering party.

     (e) A certificate of service demonstrating that the answer has been served upon all other parties to the negotiations, the staff of the Commission and the Consumer’s Advocate and that copies of the answer have been provided to each person and entity who has filed a notice of intent to comment with the Commission.

     (f) Any other information which the answering party believes will be useful to the Commission.

     (Added to NAC by Pub. Utilities Comm’n by R012-97, eff. 11-14-97)

      NAC 703.288  Negotiation of agreement through arbitration. (NRS 233B.050, 703.025, 704.210)

     1.  The presiding officer of a proceeding concerning a petition for arbitration filed in accordance with 47 U.S.C. § 252 shall use such procedures as are necessary to enable the presiding officer to issue a proposed order regarding the issues which have been submitted for resolution not later than 240 days after the date on which the request for negotiation was submitted to the local exchange carrier.

     2.  Not later than 10 days after the date on which a petition for arbitration is filed with the Commission, the Secretary of the Commission shall issue a public notice and provide notice to each party and each person and entity on the list for notification established pursuant to NAC 703.296, that a petition for arbitration has been received. The notice must specify the date:

     (a) By which an answer must be filed.

     (b) By which a notice of intent to comment must be filed.

     (c) On which a prehearing conference will be convened.

     3.  An order for a prehearing conference issued by a presiding officer to consider a petition for arbitration must specify:

     (a) The date on which an evidentiary hearing will be convened; and

     (b) Any other matters deemed appropriate by the presiding officer, including reply comments, if desired.

     4.  The presiding officer shall prepare a proposed order which must be submitted to the Commission not later than 240 days after the date on which the request to negotiate was submitted to the local exchange carrier. The proposed order must be:

     (a) Filed with the Commission;

     (b) Served on the parties to the proceeding, the staff of the Commission and the Consumer’s Advocate; and

     (c) Provided to each person and entity who filed a notice of intent to comment.

     5.  Any party or interested person or entity may file comments regarding the proposed order not later than 10 days after the date on which it is filed with the Commission. The scope of such comments must be limited to whether:

     (a) The proposed agreement adopted by the proposed order discriminates against any telecommunications carrier that is not a party to the agreement;

     (b) The implementation of the proposed agreement is consistent with the public interest, convenience and necessity; or

     (c) The proposed agreement violates other requirements of the Commission, including, but not limited to, any standards adopted by the Commission relating to the quality of telecommunication service.

     6.  Any party or interested person or entity may file a response to any comments filed pursuant to subsection 5. Such responses must be filed with the Commission not later than 5 days after the date on which the comments are filed and may not exceed five pages in length.

     (Added to NAC by Pub. Utilities Comm’n by R012-97, eff. 11-14-97; A by R010-05, 9-7-2005)

      NAC 703.290  Petition for approval of mediated or negotiated agreement. (NRS 233B.050, 703.025, 704.210)

     1.  A petition for approval of a mediated or negotiated agreement submitted to the Commission pursuant to 47 U.S.C. § 252 must include:

     (a) The names of the parties to the agreement.

     (b) A copy of the agreement.

     (c) A summary of the major terms and conditions included in the agreement.

     (d) Reference to any:

          (1) Regulations or statutes; or

          (2) Opinions or decisions of the Federal Communications Commission, the Commission, federal or state courts, or other persons or entities,

Ê which the petitioner believes are relevant to the approval of the agreement.

     (e) A certificate of service demonstrating that:

          (1) The petition has been served upon the other party to the negotiations, the staff of the Commission and the Consumer’s Advocate; and

          (2) Notice of the filing has been provided by electronic mail to each person and entity on the list for notification established pursuant to NAC 703.296. The notice provided to each such person and entity must include a link to the public portion of a website at which the contents of the filing may be inspected and at which an electronic copy of the agreement may be obtained.

     (f) Any other information which the petitioner believes will be useful to the Commission.

     2.  Not later than 10 days after the date on which a petition for the approval of the agreement is filed, the Secretary of the Commission shall issue a public notice on the website of the Commission indicating that a petition for approval has been received and will be processed pursuant to the procedural schedule set forth in the notice. The petitioner shall thereafter promptly publish the notice in the public portion of its website.

     3.  The procedural schedule set forth in a notice issued pursuant to subsection 2 must specify:

     (a) That any interested person or entity may file comments regarding the agreement not later than 30 days after the date on which the agreement was filed with the Commission. The scope of such comments must be limited to whether:

          (1) The agreement discriminates against any telecommunications carrier not a party to the agreement;

          (2) The implementation of the agreement is not consistent with the public interest, convenience and necessity; or

          (3) The agreement violates other requirements of the Commission, including, but not limited to, any standards adopted by the Commission relating to the quality of telecommunication service.

Ê Any comments filed pursuant to this paragraph must be, to the extent practicable, simultaneously served on the Commission, parties to the agreement, the staff of the Commission and the Consumer’s Advocate.

     (b) That parties to the agreement may file reply comments and legal arguments not later than 15 days after the date established by the Commission for filing initial comments.

     (c) The date on which any hearing will be conducted by the presiding Commissioner to obtain further clarification or information regarding the proposed agreement.

     4.  The notice provided by subsections 2 and 3 shall be the exclusive method for providing notice of the filing required by this section.

     5.  The Commission will issue a final order accepting or rejecting the agreement not later than 90 days after the date on which the petition for approval was filed with the Commission.

     6.  The Commission may reject an agreement, or any portion thereof, adopted by negotiation only if the Commission finds that:

     (a) The agreement, or portion thereof, discriminates against a telecommunications carrier not a party to the agreement; or

     (b) The implementation of such agreement or portion is not consistent with the public interest, convenience and necessity.

     (Added to NAC by Pub. Utilities Comm’n by R012-97, eff. 11-14-97; A by R047-02, 10-24-2002; R136-07, 1-30-2008)

      NAC 703.292  Petition for approval of statement of generally accepted terms. (NRS 233B.050, 703.025, 704.210)

     1.  A petition for the approval of a statement of generally accepted terms filed by a Bell operating company in accordance with 47 U.S.C. § 252(f) must be accompanied by a certificate of service demonstrating that the petition has been served upon the staff of the Commission and the Consumer’s Advocate and provided to each person and entity on the list for notification established pursuant to NAC 703.296.

     2.  Any interested person or entity may file written comments about a statement of generally accepted terms filed in accordance with 47 U.S.C. § 252(f) not later than 30 days after the date on which the statement of generally accepted terms is submitted to the Commission for approval.

     3.  The Bell operating company that submitted the statement of generally accepted terms in accordance with 47 U.S.C. § 252(f) may file a written response to any comments filed pursuant to subsection 2. Such a response must be filed with the Commission not later than 10 days after the date on which the comments are submitted to the Commission pursuant to subsection 2.

     4.  As used in this section, “Bell operating company” has the meaning ascribed to it in 47 U.S.C. § 153, as that section existed on November 14, 1997.

     (Added to NAC by Pub. Utilities Comm’n by R012-97, eff. 11-14-97)

      NAC 703.294  Petition for mediation. (NRS 233B.050, 703.025, 704.210)

     1.  Any party to a negotiation may pursue mediation of any unresolved issue. To initiate such mediation, the party must:

     (a) Advise the other party to the negotiations that mediation is desired and propose a natural person to serve as a mediator; or

     (b) Submit a petition to the Commission for the designation of a mediator. Such a petition must include:

          (1) A statement of the issues to be submitted to mediation.

          (2) A list of potential mediators, if desired by the petitioner.

          (3) A certificate of service demonstrating that the petition has been served on the other party to the negotiations, the staff of the Commission and the Consumer’s Advocate.

     2.  Not later than 7 days after the date on which the petition requesting mediation is filed, the other party to the negotiation may:

     (a) Identify other potential mediators;

     (b) Indicate whether any of the mediators proposed by the petitioner are acceptable; and

     (c) Identify any additional issues that should be subject to mediation.

     3.  Not later than 15 days after the date on which the Commission receives the petition, the Commission will issue an order advising the parties of the name of the person who will serve as mediator and attach to the order a list of the issues that the parties have requested be subject to mediation.

     4.  The parties to the mediation shall pay for the cost of the mediation as follows:

     (a) Fifty percent of the cost must be paid by the petitioning party.

     (b) Fifty percent of the cost must be paid by the party who is not petitioning.

     5.  A mediator shall conduct the mediation without supervision by the Commission. Any session conducted by the mediator is not a public hearing or proceeding, and the mediator is not subject to any procedural requirements established by this chapter or chapter 704 of NAC.

     6.  In conducting a mediation in accordance with this section, a mediator is not acting as an agent of the Commission and has no authority to act on behalf of or otherwise bind the Commission to any mediated decision.

     7.  Any party to a mediation may unilaterally terminate the mediation if, after good faith efforts have been made to resolve any disputed issues, it does not appear that a mutually acceptable resolution of the issues will be achieved.

     (Added to NAC by Pub. Utilities Comm’n by R012-97, eff. 11-14-97)

      NAC 703.296  List for notification of service of process. (NRS 233B.050, 703.025, 704.210)

     1.  The Secretary of the Commission shall establish a list of natural persons and entities that will be provided with copies of service of process and other documents in accordance with NAC 703.280 to 703.296, inclusive.

     2.  The Secretary shall regularly publish notices for the opportunity of other natural persons and entities to be included on the list established pursuant to this section. Such a notice of opportunity must be made in the manner set forth in subsection 2 of NAC 703.160.

     3.  The Secretary shall include on the list established pursuant to this section each natural person and entity that submits to the Commission a written request to be included on the list.

     4.  The Secretary shall include on the list established pursuant to this section an electronic mail address for each natural person and entity on the list.

     (Added to NAC by Pub. Utilities Comm’n by R012-97, eff. 11-14-97; A by R136-07, 1-30-2008)

Tariffs: Public Utilities

     NAC 703.375  Definitions. (NRS 703.025, 704.210)  As used in NAC 703.375 to 703.410, inclusive, unless the context otherwise requires:

     1.  “Sheets” or “pages” means the pages within a tariff schedule displaying the schedule designation of which they are a part.

     2.  “Tariff” or “tariff schedule” means a collective body of rates, rentals, charges and classifications, and rules, as filed by a public utility, although the book or volume containing them may consist of one or many sheets or pages applicable to distinct service classifications, may contain a table of contents and may contain definitions.

     [Pub. Service Comm’n, Gen. Order 3 § 23.020, eff. 1-1-79]—(NAC A by Pub. Utilities Comm’n by R107-07, 12-4-2007)

      NAC 703.380  Applicability. (NRS 703.025, 704.210, 704.68865)

     1.  Except as otherwise provided in subsection 2, the provisions of NAC 703.375 to 703.410, inclusive, govern the filing and posting requirements of tariff schedules for rates, rules and contracts relating to rates applicable to gas, electric, telephone, and water and sewer utilities.

     2.  A competitive supplier is not required to maintain or file any schedule or tariff with the Commission except for the rates, pricing, terms and conditions of intrastate switched or special access service as provided in NRS 704.68879.

     [Pub. Service Comm’n, Gen. Order 3 § 23.010, eff. 1-1-79]—(NAC A by Pub. Utilities Comm’n by R107-07, 12-4-2007; R136-07, 1-30-2008)

      NAC 703.385  Form of tariff. (NRS 703.025, 704.210)

     1.  A tariff schedule must consist of the following parts or subdivisions arranged in order:

     (a) A title page which must be in the following form:

 

TARIFF NO. ..........

Applicable to

(Kind of) Service

Naming

RATES AND RULES

of

(Name of Utility)

in

(Describe Area of Operations)

 

     (b) A complete index of numbers and titles of effective sheets or pages listed in the order in which the tariff sheets or pages are arranged in the tariff schedule.

     (c) A brief description of the territory served, with a map of the territory, types and classes of service rendered and the general conditions under which the service is rendered.

     (d) Rate schedules.

     (e) Rules.

     2.  For each page of a tariff schedule:

     (a) A margin of at least three-fourths of an inch must be on the left side of the page, a margin of at least one-half of an inch on the right side, a margin of 1 inch at the top of the page and a margin of 2 inches at the bottom of the page.

     (b) In the upper left-hand corner, the name and address of the public utility must be entered with the tariff number.

     (c) In the upper right-hand corner of the top margin, the number of the sheet of the Commission with designations as to whether it is an original or revised sheet, together with the Commission’s number of the sheet cancelled, if any, by that sheet must be entered. Sheets must be numbered consecutively beginning with No. 1 for the first sheet filed.

     (d) In the lower left-hand corner of the bottom margin, the words, “Advice No.: (advice letter number)” or “Notice No.: (notice number)” must be entered.

     (e) In the center of the bottom margin, the words “Issued by: (name and title of the responsible utility official)” must be entered.

     (f) The lower right-hand corner of the bottom margin must be left blank for use by the Commission.

     3.  Each rate schedule must include the following information, as nearly as possible in the order shown:

     (a) The schedule number or other description.

     (b) The class of service, such as commercial or domestic.

     (c) Character or applicability, such as heating, lighting, power or individual and party line telephone service.

     (d) The territory to which the schedule is applicable.

     (e) Rates in tabular form, where applicable.

     (f) Conditions, limitations, qualifications and restrictions. The conditions must be brief and clearly worded to cover all special conditions of the rates which are not fully covered in the rules.

     (g) If a rate schedule or a rule is continued from one sheet to another, the word “continued” must be shown at the bottom of and at the beginning of the appropriate sheets.

     4.  Each rule must be numbered and have a title briefly indicating its contents. Appropriate general rules must cover the application of all rates, charges and service when the applicability is not fully set forth as a part of the rate schedules. The following subjects are representative of the type of information to be included in the rules of the utility set forth in the tariff schedules:

     (a) Clear and concise definitions of the principal terms used in the tariff schedules.

     (b) A description of the character of service rendered and the standards of service maintained.

     (c) The procedure which is necessary to obtain service.

     (d) Conditions precedent to rendering temporary service or service to speculative projects.

     (e) The procedure necessary to establish credit and to reestablish impaired credit.

     (f) The deposits required for various purposes and classes of service, the conditions precedent to the return of deposits and the interest paid on the deposits.

     (g) The method of serving notices.

     (h) The methods of rendering bills, billing periods, due date and acceptable methods of payment.

     (i) The methods used to adjust bills, the required amount to be deposited with the utility and the time limits.

     (j) Reasons for discontinuance, procedures for notification, time limits and procedures necessary for the restoration of service and charges.

     (k) Free extensions, deposits for extensions and refunds.

     (l) Service connections.

     (m) The right of the utility to enter onto the customer’s property.

     (n) Any other items having special significance to particular conditions respecting the operations or policies of the utility.

     [Pub. Service Comm’n, Gen. Order 3 §§ 23.030 & 23.050, eff. 1-1-79]—(NAC A 1-6-84; A by Pub. Utilities Comm’n by R010-05, 9-7-2005; R107-07, 12-4-2007)

      NAC 703.390  Notices or letters of advice; reissued tariffs. (NRS 703.025, 704.210)

     1.  Tariff sheets must be transmitted to the Commission accompanied by a notice that is filed pursuant to either paragraph (a) of subsection 9 of NRS 704.110 or paragraph (a) of subsection 11 of NRS 704.110 and that is not a part of the tariff or by a letter of advice that is not a part of the tariff. The appropriate filing fee, and a revised table of contents, if applicable, must be transmitted with a notice or letter of advice.

     2.  A notice or letter of advice must list the sheet numbers and titles of all tariff sheets being filed and the numbers of all sheets being cancelled. The notice or letter must state the reasons for the filing and the date on which the tariff sheets are proposed to become effective. The notice or letter of advice must call attention to each increase or decrease in rate or charge or change in condition which may result in an increase, decrease or withdrawal of service. If an increase is authorized by the Commission, reference in the notice or letter of advice to the decision number authorizing that increase must be given.

     3.  Notices or letters of advice must be numbered chronologically beginning with No. 1 for the first letter submitted by a public utility for each class of utility service rendered.

     4.  Each revised or new tariff page or sheet must indicate on the bottom of the page or sheet the number of the notice or the letter of advice transmitting the revised filing.

     5.  If any tariff is reissued and completely cancels a current tariff or is a reissue of a previously effective tariff, the reissued tariff must bear the same number as the current or previously cancelled tariff, suffixed by a letter, for example, Tariff 1-A, and continuing through the alphabet as that tariff is subsequently reissued, as follows:

 

Tariff No. 1-A

cancels

Tariff No. 1.

 

     [Pub. Service Comm’n, Gen. Order 3 § 23.060, eff. 1-1-79]—(NAC A by Pub. Utilities Comm’n by R010-05, 9-7-2005; R107-07, 12-4-2007; R103-07, 10-27-2009; R076-11, 5-30-2012)

      NAC 703.400  Tariff sheets; proposals to increase rates; effective date of change filed by letter of advice. (NRS 703.025, 704.210)

     1.  A tariff sheet covering a service or commodity not previously furnished, a tariff sheet modifying an existing service and a tariff sheet that does not alter any rate or charge may be filed by a letter of advice as described in NAC 703.390.

     2.  An application to increase rates must be made in accordance with the provisions established for pleadings and motions and the requirements for public utilities requesting rate adjustments unless the rate increases generate annual gross revenues, as certified by the applicant, of $2,500 or less.

     3.  If the proposed increases involve $2,500 or less, the Commission may accept the filing of a letter of advice, if justification is fully set forth in that letter, without an application made pursuant to NAC 703.2201 to 703.2481, inclusive.

     4.  A change to a tariff that is filed by letter of advice does not become effective until approved by the Commission.

     5.  A copy of the utility’s tariff sheet approved by the Commission will be returned to the utility with a designation of the effective date and constitutes the utility’s official copy of the approved tariff sheet on file with the Commission.

     [Pub. Service Comm’n, Gen. Order 3 § 23.080, eff. 1-1-79]—(NAC A 10-14-82; 1-5-89; A by Pub. Utilities Comm’n by R010-05, 9-7-2005; R036-10, 12-16-2010)

      NAC 703.405  Exceptions. (NRS 703.025, 704.210)  To the extent permitted by statute, exceptions to the operation of NAC 703.375 to 703.410, inclusive, may be authorized by the Commission upon a proper showing in a petition filed by a public utility.

     [Pub. Service Comm’n, Gen. Order 3 § 23.090, eff. 1-1-79]

      NAC 703.410  Posting of schedules. (NRS 703.025, 704.210)

     1.  Each public utility shall post at each of its business offices, not including banks and other agents authorized by the utility to accept payments of bills for the convenience of customers, a complete copy of currently effective tariff schedules applicable to the area of service in which the business office is located.

     2.  Each public utility must maintain on file at its principal place of business a complete copy of all its currently effective tariff schedules.

     [Pub. Service Comm’n, Gen. Order 3 § 23.040, eff. 1-1-79]

Construction of Utility Facilities

     NAC 703.415  Applicability. (NRS 703.025, 704.210)  The provisions of NAC 703.415 to 703.427, inclusive, apply to an application for a permit to construct a utility facility as defined in NRS 704.860. The requirements of NAC 703.415 to 703.427, inclusive, are in addition to other regulations pertaining to pleadings.

     [Pub. Service Comm’n, Gen. Order 3 § 25.010, eff. 1-1-79]—(NAC A 3-19-87; A by Pub. Utilities Comm’n by R047-02, 10-24-2002; R188-03, 7-16-2004; R076-07, 10-31-2007)

      NAC 703.417  Definitions. (NRS 703.025, 704.210)  As used in NAC 703.415 to 703.427, inclusive, unless the context otherwise requires, the words and terms defined in NRS 704.834 to 704.860, inclusive, and NAC 703.4175 have the meanings ascribed to them in those sections.

     (Added to NAC by Pub. Service Comm’n, eff. 3-19-87; A by Pub. Utilities Comm’n by R047-02, 10-24-2002; R188-03, 7-16-2004; R076-07, 10-31-2007)

      NAC 703.4175  “Western Interconnection” defined. (NRS 703.025, 704.210)  “Western Interconnection” means the synchronously operated electric transmission grid located in the western part of North America, including parts of Montana, Nebraska, New Mexico, South Dakota, Texas, Wyoming and Mexico and all of Arizona, California, Colorado, Idaho, Nevada, Oregon, Utah, Washington and the Canadian Provinces of British Columbia and Alberta.

     (Added to NAC by Pub. Utilities Comm’n by R188-03, eff. 7-16-2004)

      NAC 703.418  Declaration of purpose: “Water transmission lines” interpreted. (NRS 703.025, 704.210, 704.825)  As used in NRS 704.825, the Commission will interpret “water transmission lines” to mean mains of any size that connect to raw water sources, water storage facilities, facilities to supply water or for the treatment or disposal of wastewater, or water distribution systems.

     (Added to NAC by Pub. Utilities Comm’n by R188-03, eff. 7-16-2004)

      NAC 703.4182  Utility facilities: “Compressor stations” interpreted. (NRS 703.025, 704.210, 704.860)  As used in NRS 704.860, the Commission will interpret “compressor stations” to mean facilities that increase the pressure of gas to move it into gas transmission lines or storage facilities.

     (Added to NAC by Pub. Utilities Comm’n by R188-03, eff. 7-16-2004)

      NAC 703.4184  Utility facilities: “Gas transmission lines” interpreted. (NRS 703.025, 704.210, 704.860)  As used in NRS 704.860, the Commission will interpret “gas transmission lines” to mean gas transmission lines not subject to the jurisdiction of the Federal Energy Regulatory Commission.

     (Added to NAC by Pub. Utilities Comm’n by R188-03, eff. 7-16-2004)

      NAC 703.4186  Utility facilities: “Sewer transmission and treatment facilities” interpreted. (NRS 703.025, 704.210, 704.860)  As used in NRS 704.860, the Commission will interpret “sewer transmission and treatment facilities” to mean:

     1.  Facilities, including lift station facilities, which have a main that connects to other sewage transmission mains or wastewater treatment facilities; or

     2.  Treatment facilities where raw sewage influent is treated to make the sewage effluent meet required water quality standards.

     (Added to NAC by Pub. Utilities Comm’n by R188-03, eff. 7-16-2004)

      NAC 703.4188  Utility facilities: “Storage plants” interpreted. (NRS 703.025, 704.210, 704.860)  As used in NRS 704.860, the Commission will interpret “storage plants” to mean above-ground facilities where gas is stored for use in a local distribution system.

     (Added to NAC by Pub. Utilities Comm’n by R188-03, eff. 7-16-2004)

      NAC 703.4192  Utility facilities: “To supply water” and “treatment of water” interpreted. (NRS 703.025, 704.210, 704.860)  As used in NRS 704.860, the Commission will interpret facilities “to supply water” or for the “treatment of water” to mean facilities where surface water or groundwater is treated to make potable water for distribution to customers.

     (Added to NAC by Pub. Utilities Comm’n by R188-03, eff. 7-16-2004)

      NAC 703.4194  Utility facilities: “Water storage facilities” interpreted. (NRS 703.025, 704.210, 704.860)  As used in NRS 704.860, the Commission will interpret “water storage facilities” to mean structures used to store raw water or potable water that will be delivered into the distribution system of a utility.

     (Added to NAC by Pub. Utilities Comm’n by R188-03, eff. 7-16-2004)

      NAC 703.421  Application for permit when federal agency required to conduct environmental analysis. (NRS 703.025, 704.210, 704.870)  An application filed with the Commission pursuant to paragraph (a) of subsection 2 of NRS 704.870 for a permit to construct a utility facility where a federal agency is required to conduct an environmental analysis of the proposed utility facility must contain the following information in the order listed:

     1.  A general description of the location of the proposed utility facility, including:

     (a) A regional map that identifies the location of the proposed utility facility;

     (b) Any alternative locations for the proposed utility facility; and

     (c) The reasons why the location identified in paragraph (a) is best suited for the proposed utility facility.

     2.  A general description of the proposed utility facility as required by subsection 2 of NRS 704.870, including:

     (a) The size and nature of the proposed utility facility; and

     (b) The natural resources that will be used during the construction and operation of the proposed utility facility.

     3.  A summary of any studies which the applicant anticipates will be made of the environmental impact of the proposed utility facility as required by subsection 2 of NRS 704.870, including a copy of all corresponding studies filed with appropriate federal agencies.

     4.  A copy of the public notice of the application and proof of the publication of the public notice, as required by subsection 4 of NRS 704.870.

     5.  Proof that a copy of the application has been submitted to the Nevada State Clearinghouse within the Department of Administration to enable agency review and comment.

     (Added to NAC by Pub. Utilities Comm’n by R076-07, eff. 10-31-2007)

      NAC 703.423  Application for permit when no federal agency required to conduct environmental analysis; amended application after final environmental assessment or environmental impact statement issued by federal agency. (NRS 703.025, 704.210, 704.870)  An application filed with the Commission pursuant to subsection 1 of NRS 704.870 for a permit to construct a utility facility where no federal agency is required to conduct an environmental analysis of the proposed utility facility, or an amended application filed with the Commission pursuant to paragraph (b) of subsection 2 of NRS 704.870 for a permit to construct a utility facility where a federal agency has issued its final environmental assessment or environmental impact statement relating to the construction of the proposed utility facility, must contain the following information in the order listed:

     1.  A description of the location of the proposed utility facility as required by subsection 1 of NRS 704.870, including:

     (a) A general description of the location of the proposed utility facility, including a regional map that identifies the location of the proposed utility facility;

     (b) A legal description of the site of the proposed utility facility, with the exception of electric lines, gas transmission lines, and water and wastewater lines, for which only a detailed description of the site is required; and

     (c) Appropriately scaled site plan drawings of the proposed utility facility, vicinity maps and routing maps.

     2.  A description of the proposed utility facility, including:

     (a) The size and nature of the proposed utility facility;

     (b) The natural resources that will be used during the construction and operation of the proposed utility facility;

     (c) Layout diagrams of the proposed utility facility and its associated equipment;

     (d) Scaled diagrams of the structures at the proposed utility facility; and

     (e) A statement concerning whether the proposed utility facility is an electric generating plant or the associated facilities of an electric generating plant that uses renewable energy as its primary source of energy to generate electricity.

     3.  A copy and summary of any studies which have been made of the environmental impact of the proposed utility facility as required by subsection 1 of NRS 704.870.

     4.  A description of any reasonable alternate locations for the proposed utility facility, a description of the comparative merits or detriments of each location submitted, and a statement of the reasons why the location is best suited for the proposed utility facility, as required by subsection 1 of NRS 704.870.

     5.  A copy of the public notice of the application or amended application and proof of the publication of the public notice, as required by subsection 4 of NRS 704.870.

     6.  Proof that a copy of the application or amended application has been submitted to the Nevada State Clearinghouse within the Department of Administration to enable agency review and comment.

     7.  An explanation of the nature of the probable effect on the environment, including:

     (a) A reference to any studies described in subsection 3, if applicable; and

     (b) An environmental statement that includes:

          (1) The name, qualifications, professions and contact information of each person with primary responsibility for the preparation of the environmental statement;

          (2) The name, qualifications, professions and contact information of each person who has provided comments or input in the preparation of the environmental statement;

          (3) A bibliography of materials used in the preparation of the environmental statement; and

          (4) A description of:

               (I) The environmental characteristics of the project area existing at the time the application or amended application is filed with the Commission;

               (II) The environmental impacts that the construction and operation of the proposed utility facility will have on the project area before mitigation; and

               (III) The environmental impacts that the construction and operation of the proposed utility facility will have on the project area after mitigation.

Ê The data and analyses in the descriptions must be commensurate with the degree of the anticipated impacts.

     8.  Unless, pursuant to paragraph (b) of subsection 1 of NRS 704.890, the proposed utility facility is exempt from the requirement that the Commission find and determine the extent to which the proposed utility facility is needed to ensure reliable utility service to customers in this State, an explanation of the extent to which the proposed utility facility is needed to ensure reliable utility service to customers in this State, including:

     (a) If the proposed utility facility was approved in a resource plan or an amendment to a resource plan, a reference to the previous approval by the Commission; or

     (b) If the proposed utility facility was not approved in a resource plan or an amendment to a resource plan, a description of the extent to which the proposed utility facility will:

          (1) Provide utility service to customers in this State;

          (2) Enhance the reliability of utility service in this State; and

          (3) Achieve interstate benefits by the proposed construction or modification of transmission facilities in this State, if applicable.

     9.  An explanation of how the need for the proposed utility facility as described in subsection 8 balances any adverse effects on the environment as described in subsection 7.

     10.  An explanation of how the proposed utility facility represents the minimum adverse effect on the environment, including:

     (a) The state of available technology;

     (b) The nature of various alternatives; and

     (c) The economics of various alternatives.

     11.  An explanation of how the location of the proposed utility facility conforms to applicable state and local laws and regulations, including a list of all permits, licenses and approvals required by federal, state and local statutes, regulations and ordinances. The explanation must include a list that indicates:

     (a) All permits, licenses and approvals the applicant has obtained, including copies thereof; and

     (b) All permits, licenses and approvals the applicant is in the process of obtaining to commence construction of the proposed utility facility. The applicant must provide an estimated timeline for obtaining these permits, licenses and approvals.

     12.  An explanation of how the proposed utility facility will serve the public interest, including:

     (a) The economic benefits that the proposed utility facility will bring to the applicant and this State;

     (b) The nature of the probable effect on the environment in this State if the proposed utility facility is constructed;

     (c) The nature of the probable effect on the public health, safety and welfare of the residents of this State if the proposed utility facility is constructed; and

     (d) The interstate benefits expected to be achieved by the proposed electric transmission facility in this State, if applicable.

     (Added to NAC by Pub. Utilities Comm’n by R076-07, eff. 10-31-2007; A by R001-10, 4-20-2010)

      NAC 703.427  Expiration and renewal of permit. (NRS 703.025, 704.210)

     1.  Any construction permit issued pursuant to NAC 703.415 to 703.427, inclusive, expires 5 years after the date of final action by the Commission unless during that period the applicant has commenced to construct the utility facility and has diligently pursued that construction. In computing the 5-year period, the time the construction of the utility facility is delayed or made impractical because of legal action against the applicant will be excluded.

     2.  The applicant may apply for renewal of a construction permit at any time before its expiration. The Commission will renew the permit upon a showing of good cause.

     (Added to NAC by Pub. Service Comm’n, eff. 3-19-87; A by Pub. Utilities Comm’n by R188-03, 7-16-2004; R076-07, 10-31-2007)

Securities

     NAC 703.430  Applicability. (NRS 703.025, 704.210, 704.324)

     1.  Except as otherwise provided in subsection 2, the provisions of NAC 703.430 to 703.441, inclusive, apply to an application filed by a privately owned public utility organized under the laws of, and operating in the State, for an order by the Commission authorizing the issuance of a security, as defined in NRS 704.322, or the assumption of an obligation as a guarantor, endorser, surety or otherwise, with respect to any security of any other person, firm or corporation.

     2.  The provisions of NAC 703.430 to 703.441, inclusive, do not apply to a competitive supplier.

     [Pub. Service Comm’n, Gen. Order 3 § 26.010, eff. 1-1-79]—(NAC A by Pub. Utilities Comm’n by R186-97, 1-30-98; R136-07, 1-30-2008)

      NAC 703.435  Applications. (NRS 703.025, 704.210, 704.324)  An application for an order of the Commission authorizing the issuance of a security or the assumption of an obligation pursuant to the provisions of NRS 704.322 to 704.328, inclusive, must contain the following data in the body of the application or as exhibits attached to it:

     1.  The amount and kind of stock or other security which the applicant desires to issue, the amount of bonds, notes or other evidence of indebtedness which the applicant desires to issue, with terms, rate of interest and whether and how to be secured, and the amount and description of the indebtedness which the applicant desires to assume. If the applicant wishes to issue preferred stock, the nature and extent of the preference must be indicated.

     2.  If the purpose for which the securities are to be issued is for:

     (a) The acquisition of property, a detailed description of the property, the consideration to be paid for the property and the method utilized in arriving at the amount.

     (b) The construction, completion, extension or improvement of facilities, a description of the proposal in reasonable detail, the cost or estimated cost of it and the reason or necessity for the expenditures.

     (c) The improvement of service, a statement of the character of the improvements proposed.

     (d) The maintenance of service, a statement of the reasons why service should be maintained from capital.

     (e) The discharge or refund of obligations, a full description of the obligations to be discharged or refunded, including the character, date of incurrence, date of maturity, rate of interest, other material facts concerning the obligations, a statement showing the purpose for which those obligations have been incurred or the proceeds expended and the Commission’s decisions, if any, authorizing the incurrence of those obligations.

     (f) The reorganization or readjustment of indebtedness of capitalization or retirement or exchange of securities, a full description of the indebtedness or capitalization to be readjusted or exchanged, the complete terms and conditions of the merger, consolidation, exchange or other reorganization, a pro forma balance sheet, if possible, or exchange, and a statement of the reason or necessity for the transaction.

     (g) The reimbursement of money actually expended from income or from any other money in the treasury, a general description of the expenditures for which reimbursement is sought, the source of the expenditures, the periods during which the expenditures were made and the reason or necessity for that reimbursement.

     3.  A complete description of the obligation or liability to be assumed by the applicant as guarantor, endorser, surety or otherwise, the consideration to be received by the applicant and the reasons for the action.

     4.  If an applicant’s capital stock or parent company’s capital stock is listed on a national securities exchange as defined in the Securities Exchange Act of 1934, 15 U.S.C. § 78c, a copy of the latest proxy statement sent to stockholders, if not previously filed with the Commission. An applicant whose capital stock is registered pursuant to 15 U.S.C. § 781 must include in the application a copy of the latest proxy statement sent to stockholders containing the information required by the rules of the Securities and Exchange Commission, unless that proxy statement has previously been furnished to the Commission.

     5.  Any other information that may be requested by the Commission.

     [Pub. Service Comm’n, Gen. Order 3 § 26.020, eff. 1-1-79]

      NAC 703.440  Exhibits. (NRS 703.025, 704.210, 704.324)  The following exhibits must be filed with an application:

     1.  If the applicant is a corporation, a copy of its articles of incorporation, certified by the Secretary of State, and all effective amendments. If the articles of incorporation have previously been filed with the Commission, the application need only make specific reference to that filing.

     2.  A copy of the most current financial statement of the applicant, which must include the following information:

     (a) The amount and kinds of stock authorized by the articles of incorporation and the amount outstanding.

     (b) Whether the preferred stock, if any, is cumulative or participating and whether its preference is on dividends, assets or otherwise.

     (c) A brief description of each security agreement, mortgage and deed of trust upon the applicant’s property, including the date of execution, the debtor and secured party, the mortgagor and mortgagee, the trustor and beneficiary, the amount of indebtedness authorized to be secured, the amount of indebtedness actually secured and any provision for a sinking fund.

     (d) The amount of bonds authorized and issued, the name of the public utility which issued them, each separate class and the date of issue, the par value, the rate of interest, the date of maturity, how they were secured and the amount of the interest issue paid on the bonds during the last fiscal year.

     (e) Each note outstanding, the date of issue, the amount, date of maturity, rate of interest, in whose favor it was issued and the amount of interest paid on the note during the last fiscal year.

     (f) Other indebtedness by classes and a description of any security, a brief statement of the devolution or assumption of any portion of that indebtedness upon or by any person or corporation if the original liability has been transferred, and the amount of interest paid on the indebtedness during the last fiscal year.

     (g) The rate and amount of dividends paid during the 5 previous fiscal years and the amount of capital stock on which dividends were paid in each of those years.

     (h) An income statement for the 12-month period immediately preceding the date of the application, insofar as practicable, and a balance sheet as of the date of the income statement.

     [Pub. Service Comm’n, Gen. Order 3 § 26.040, eff. 1-1-79]

      NAC 703.441  Notice to grant or deny application. (NRS 703.025, 704.210, 704.324)  The Commission will grant or deny, in whole or in part, an application filed pursuant to NAC 703.430 to 703.443, inclusive, within 120 days after the date on which the application is filed.

     (Added to NAC by Pub. Utilities Comm’n by R186-97, eff. 1-30-98)

      NAC 703.443  Additional requirements for certain applications. (NRS 703.025, 704.210)

     1.  No public utility may file an application with the Commission to obtain authorization for bonds to be issued pursuant to the provisions of NRS 244A.669 to 244A.763, inclusive, or 268.512 to 268.568, inclusive, unless the governing body authorized to issue the bonds has completed all actions required by law that are conditions precedent to the issuance of the bonds, except the passage of the resolution authorizing the issuance of the bonds.

     2.  In addition to complying with the requirements set forth in NAC 703.430, 703.435 and 703.440, an application filed by a public utility seeking authorization for bonds to be issued pursuant to the provisions of NRS 244A.669 to 244A.763, inclusive, or 268.512 to 268.568, inclusive, must include:

     (a) A complete summary of the conditions, restrictions and general terms applicable to the acquisition and use of the bonds by the public utility;

     (b) Copies of the resolutions, contracts, memoranda and other written documents which specify the conditions, restrictions and general terms applicable to the acquisition and use of the bonds by the public utility; and

     (c) The amount of any bonds, the interest on which is exempt from federal income tax or excluded from gross revenue for the purposes of federal income tax, that will be used to finance the project and the public benefits to be provided if an allocation of the State’s volume cap for those bonds is requested by the public utility pursuant to the provisions of NRS 348A.010 to 348A.040, inclusive.

     (Added to NAC by Pub. Service Comm’n, eff. 11-12-93)

Railroad Crossings

     NAC 703.445  Applicability. (NRS 703.025, 704.210, 704.300)  The provisions of NAC 703.445 to 703.475, inclusive, apply to applications made pursuant to NRS 704.300 and 704.305. These requirements are in addition to the regulations pertaining to pleadings and to NAC 703.662 and 703.665.

     [Pub. Service Comm’n, Gen. Order 3 § 27.010, eff. 1-1-79]—(NAC A by Pub. Utilities Comm’n by R116-03, 10-30-2003)

      NAC 703.450  Application to construct public highway across railroad. (NRS 703.025, 704.210, 704.300)  An application to construct a public road, highway or street across a railroad must be made in writing by the municipal, county, state or other governmental authority which proposes the construction. The application must contain the following data:

     1.  A legal description of the location of the proposed crossing.

     2.  Crossing numbers of the nearest existing public crossing on each side of the proposed crossing. Numbers may be obtained from the crossing sign at the crossing or from the office of the railroad.

     3.  A statement showing the public need to be served by the proposed crossing.

     4.  If the proposed crossing is at a grade, a statement showing why a separation of grades is not practicable.

     5.  A statement showing the signs, signals or other protection that the applicant recommends for the proposed crossing.

     6.  A map of suitable scale, between 50 and 200 feet per inch, showing the accurate locations of all streets, roads, property lines, tracks, buildings, structures or other obstructions to view for a distance of at least 400 feet along the railroad and 200 feet along the highway in each direction from the proposed crossing. This map must show the character and width of the existing or proposed surface or pavement on the street or roads on each side of the proposed crossing.

     7.  A map of suitable scale, between 1,000 and 3,000 feet per inch, showing the relation of the proposed crossing to existing roads and railroads in the general vicinity of the proposed crossing.

     8.  A profile showing the ground line, grade line and the rate of grades of approach on all railroads affected by the proposed crossing.

     [Pub. Service Comm’n, Gen. Order 3 § 27.020, eff. 1-1-79]

      NAC 703.455  Application to construct railroad track across public highway. (NRS 703.025, 704.210, 704.300)  An application to construct a railroad track across a public road, highway, or street must be made in writing by the railroad which proposes the construction. The application must contain the data required by NAC 703.450 and the following:

     1.  A certified copy of the franchise or permit, if required, from the authority having jurisdiction, which gives the railroad the right to cross the highway involved. If the franchise or permit has already been filed, the application must make a specific reference to that filing.

     2.  The proposed crossing number.

     3.  A map required by subsection 6 of NAC 703.450, which must also show by distinct colorings or lines, all new tracks or changes in existing tracks, within the limits of the drawing, which would be made in connection with the construction of the proposed crossing.

     [Pub. Service Comm’n, Gen. Order 3 § 27.030, eff. 1-1-79]

      NAC 703.460  Alteration of existing crossing. (NRS 703.025, 704.210, 704.300)  An application or complaint initiated pursuant to NRS 704.300 for the elimination, alteration, addition or change of a highway crossing or crossings over any railroad at grade, or above or below grade, including its approaches and surface, must be made in writing to the Commission. The application or complaint must contain the information required by NAC 703.450, except that the crossing number of the affected crossing must be stated in addition to the information required by subsection 2 of NAC 703.450.

     [Pub. Service Comm’n, Gen. Order 3 § 27.040, eff. 1-1-79]

      NAC 703.465  Agreement to apportion costs. (NRS 703.025, 704.210, 704.300)  If the railroad and governmental units involved have negotiated an agreement apportioning costs pursuant to subsection 8 of NRS 704.305, a copy of that agreement must be included with the original application filed with the Commission pursuant to NAC 703.445 to 703.475, inclusive.

     [Pub. Service Comm’n, Gen. Order 3 § 27.070, eff. 1-1-79]

      NAC 703.470  Service of application or complaint. (NRS 703.025, 704.210, 704.300)

     1.  A copy of an application or complaint filed pursuant to NAC 703.445 to 703.475, inclusive, must be served on:

     (a) The governing body of each county, city or town which is directly affected by the filing;

     (b) The railroad company affected; and

     (c) The Department of Transportation.

     2.  A certification of this service must be filed with the original application or complaint.

     [Pub. Service Comm’n, Gen. Order 3 § 27.050, eff. 1-1-79]—(NAC A 1-6-84)

      NAC 703.475  Action by Commission. (NRS 703.025, 704.210, 704.300)

     1.  Upon the filing of an application or complaint, the Commission may choose to hold a hearing. If the Commission chooses to hold a hearing, the hearing will be conducted in the manner prescribed in NAC 703.160 and 703.665.

     2.  The Commission will, within a reasonable time after the filing of the application or complaint or the conclusion of the hearing, either deny the application or the relief sought in the complaint, in writing, stating its reasons, or issue its order granting in whole or in part the application or the relief sought in the complaint, attaching thereto such conditions as the Commission deems necessary to protect the public and to prevent accidents.

     [Pub. Service Comm’n, Gen. Order 3 § 27.060, eff. 1-1-79]—(NAC A by Pub. Utilities Comm’n by R116-03, 10-30-2003; R103-07, 10-27-2009)

Subdivision of Land

      NAC 703.476  Tentative map: Submission to and action by Commission’s staff. (NRS 703.025, 704.210, 704.6672)

     1.  When a copy of a tentative map for a subdivision is submitted to the Commission pursuant to NRS 278.335, an additional copy of the tentative map must be simultaneously submitted to the Commission’s staff for review.

     2.  In addition to the written comments required by subsection 5 of NRS 278.335, the Commission’s staff will, within the period specified therein, also file written comments with:

     (a) The planning commission or the governing body described in subsection 5 of NRS 278.335;

     (b) The Division of Water Resources of the State Department of Conservation and Natural Resources; and

     (c) The Division of Environmental Protection of the State Department of Conservation and Natural Resources or the district board of health acting for the Division pursuant to subsection 2 of NRS 278.335.

     3.  The written comments required by subsection 2 will:

     (a) State whether or not the proposed subdivision identified in the tentative map is subject to the provisions of subsections 1 and 2 of NRS 704.6672; and

     (b) If the proposed subdivision is subject to those provisions, notify the applicant for the proposed subdivision that he or she must file with the Commission an application for approval of the final map for the subdivision and provide the information required by NAC 703.477.

     (Added to NAC by Pub. Utilities Comm’n by R043-06, eff. 12-7-2006)

      NAC 703.477  Final map: Application for approval. (NRS 703.025, 704.210, 704.6672)

     1.  An application for approval of a final map for a subdivision that was filed with the Commission pursuant to NAC 703.476 must include the following information in the application or as exhibits attached thereto:

     (a) Evidence that the applicant has filed an application with the Commission for a certificate of public convenience and necessity; or

     (b) In lieu of an application for a certificate of public convenience and necessity, evidence that the applicant will have the technical, managerial and financial capability to operate the water or wastewater system in a reliable manner and provide continuous and adequate service to its customers.

     2.  To demonstrate technical capability, the applicant must provide:

     (a) Evidence that there is a need for a water or wastewater service and no other utility is willing or able to serve the proposed service area.

     (b) A plan that demonstrates the continuing ability of the applicant to meet the needs, relating to wastewater treatment and disposal, of the entire service area to be served by the applicant.

     (c) A plan that demonstrates the continuing ability of the applicant to meet the needs, relating to water resources, of the entire service area to be served by the applicant or, in lieu of such a plan, an applicant may provide information which demonstrates that the applicant has adequate resources to meet such needs, including, without limitation:

          (1) Copies of all documents evidencing water rights and accompanying maps.

          (2) Hydrological data defining the reliability of the source.

          (3) Any additional information which is necessary to demonstrate the ability of the applicant to meet such needs.

     (d) An estimate of the number of customers to be served in the proposed service area through the first 5 years of service, and the estimated number of customers at build-out of the proposed service area.

     (e) A full description of the proposed water or wastewater system, including the proposed normal operating and emergency standby water or wastewater facilities to serve the area for which the certificate is sought.

     (f) If the applicant’s facilities will be phased in as customers are added, a description of the phasing thresholds for each facility that will be phased in.

     3.  To demonstrate managerial capability, the applicant must provide:

     (a) An operations and maintenance plan for the proposed water or wastewater system, including, without limitation:

          (1) The contact information for all managers, certified operators and customer service representatives of the system;

          (2) The normal procedures for maintenance used to ensure the proper operation of the system; and

          (3) A plan describing how worn-out facilities are to be replaced.

     (b) A standard operating procedure for all employee communications.

     (c) A training protocol for all employees.

     (d) Evidence that the applicant will maintain its books and records consistent with the system of accounts established by the National Association of Regulatory Utility Commissioners for water or wastewater utilities.

     4.  To demonstrate financial capability, the applicant must provide:

     (a) An explanation of whether and to what extent customers will directly or indirectly make contributions to the costs of the facilities of the proposed system. The explanation must include an indication of whether the applicant intends to assess charges for the extension of any lines and whether the price of lots or units in the proposed service area will reflect the cost of the investment in the proposed system.

     (b) Evidence that the proposed revenues from reasonable rates will give the applicant an opportunity to earn a fair return on its regulated rate base.

     (c) A statement of the estimated operating revenues and expenses, including taxes and depreciation, for the first 5 years of operation in the proposed service area for each major class of service. If the applicant anticipates that the system will initially operate at a loss, the statement must identify the sources of money that will be used to sustain the operation of the system during that initial period.

     (d) A depreciation schedule for the different water or wastewater treatment facilities.

     (e) A method for replacing its rate base when the facility reaches the end of its service life.

     (f) A copy of a performance bond or other suitable assurance deposited with the Federal Government or local government to guarantee construction of any improvements or infrastructure required for approval of final subdivision maps.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-84; A by Pub. Utilities Comm’n by R047-02, 10-24-2002; R043-06, 12-7-2006)—(Substituted in revision for NAC 703.203)

      NAC 703.478  Final map: Verification of approval or disapproval by Commission. (NRS 703.025, 704.210, 704.6672)  The Commission will send written verification of its approval or disapproval of an application for approval of the final map for a subdivision that is filed with the Commission pursuant to NAC 703.476 to the Division of Environmental Protection of the State Department of Conservation and Natural Resources or the district board of health acting for the Division pursuant to NRS 278.335, consistent with subparagraph (2) of paragraph (a) of subsection 1 of NRS 278.377, and with the Division of Water Resources of the State Department of Conservation and Natural Resources, consistent with paragraph (b) of subsection 1 of NRS 278.377, within 2 business days after issuance of a final order in the matter.

     (Added to NAC by Pub. Utilities Comm’n by R043-06, eff. 12-7-2006)

PRACTICE BEFORE COMMISSION

General Provisions

      NAC 703.481  Restrictions on certain communications with Commissioner or hearing officer while contested case is pending. (NRS 703.025, 704.210)

     1.  In any contested case pending before the Commission, a party or commenter or an authorized representative or attorney of a party or commenter shall not communicate, directly or indirectly, with a Commissioner or a hearing officer regarding any substantive issues of fact or law that relate to the contested case, unless the communication:

     (a) Is part of a pleading filed and served in accordance with the provisions of this chapter; or

     (b) Occurs during a formal hearing before the Commissioner or the hearing officer.

     2.  The provisions of this section apply from the date on which the pleading or other document that commences the contested case is filed with the Secretary until 15 calendar days after the date on which the Commission issues a final order in the contested case or, if a petition for reconsideration is filed, until the date on which the Commission issues the order on reconsideration.

     3.  As used in this section, “contested case” means every proceeding pending before the Commission except:

     (a) A rule-making proceeding conducted pursuant to NRS 233B.0395 to 233B.115, inclusive, whether the proceeding is commenced pursuant to NAC 703.546 or otherwise;

     (b) A proceeding involving a petition for a declaratory order or an advisory opinion pursuant to NRS 233B.120 and NAC 703.825; or

     (c) Any proceeding in which the Commission is not required by law to conduct a hearing before determining any issue of fact or law, or both.

     (Added to NAC by Pub. Utilities Comm’n by R047-02, eff. 10-24-2002)

Hearing Officers

      NAC 703.486  Appointment; reassignment of matter; revocation of appointment; proposed orders; appeal and review of decisions. (NRS 703.025, 703.130, 704.210)

     1.  The Chair may appoint one or more hearing officers to preside over and conduct hearings or other proceedings, or any portion thereof, in any matter pending before the Commission in which hearing officers are authorized to act pursuant to NRS 703.130. The Chair, in his or her discretion, may appoint an employee of the Commission or a contractor of the Commission to serve as a hearing officer. The Chair may reassign a matter from one hearing officer to another hearing officer if procedural circumstances require. The Commission may reassign a matter from one hearing officer to another hearing officer if required by any other circumstances.

     2.  If the Chair appoints a hearing officer, the Chair retains the right, at any time, to revoke the appointment and to assume responsibility for presiding over and conducting the hearings or other proceedings or to designate another Commissioner or hearing officer to preside over and conduct the hearings or other proceedings.

     3.  Except as otherwise provided in subsection 4, if the Chair appoints a hearing officer to preside over and conduct any proceeding involving an application, a petition or a complaint, after the close of all evidentiary hearings in the matter, the hearing officer shall file with the Commission a proposed order that sets forth the findings and conclusions of the hearing officer and the reasons and bases for those findings and conclusions. The proposed order must be served on each party of record. Any party of record may file comments to the proposed order in the same manner that comments may be filed to a proposed order of the Commission pursuant to NAC 703.785.

     4.  A proposed order filed by a hearing officer pursuant to subsection 3 must not be served upon parties of record and is not subject to comment by parties of record if the proceeding is:

     (a) A noncontested case;

     (b) A contested case that is settled in its entirety by stipulation; or

     (c) A proceeding held pursuant to NRS 703.377 and the holder of the certificate, permit or license who is the subject of the proceedings fails to appear.

     5.  The decisions of a hearing officer are subject to appeal and review by the Commission in the same manner that the decisions of a presiding officer are subject to appeal and review by the Commission pursuant to the provisions of this chapter.

     6.  Upon review of a decision of a hearing officer, the Commission may affirm or reverse the decision, in whole or in part, and may take any other just and reasonable action with regard to the decision, including, without limitation, declining to act on the decision on an interlocutory basis.

     (Added to NAC by Pub. Utilities Comm’n by R047-02, eff. 10-24-2002; A by R010-05, 9-7-2005)

Parties and Commenters

     NAC 703.490  Classification of parties. (NRS 703.025, 704.210)

     1.  According to the nature of the proceedings before the Commission and the relationships of the parties to the proceedings, a party to a proceeding must be styled an applicant, complainant, petitioner, respondent or intervener.

     2.  A person applying in the first instance for any privilege, right or authorization from the Commission must be styled an “applicant.”

     3.  A person who complains to the Commission of any act by any person subject to the jurisdiction of the Commission must be styled a “complainant.”

     4.  A person, other than a complainant or an applicant, petitioning for affirmative relief must be styled a “petitioner.”

     5.  A person against whom any complaint is filed or a person who is the subject of any official investigation by the Commission must be styled “respondent.”

     6.  A person granted leave to intervene pursuant to NAC 703.578 to 703.600, inclusive, must be styled an “intervener.”

     [Pub. Service Comm’n, Gen. Order 3 §§ 4.010-4.070, eff. 1-1-79]—(NAC A by Pub. Utilities Comm’n by R047-02, 10-24-2002)

      NAC 703.491  Commenters: Conditions and scope of participation in proceedings. (NRS 703.025, 704.210)

     1.  A person who is not a party to a proceeding may participate in the proceeding as a commenter if:

     (a) The person has a direct and substantial interest in the proceeding but the person does not desire to participate in the proceeding as an intervener; or

     (b) The person does not have a direct and substantial interest in the proceeding to participate in it as an intervener but the person desires to file written comments concerning issues in the proceeding.

     2.  To participate in the proceeding as a commenter, the person must file with the Commission a notice of intent to participate as a commenter. If the person files such notice, the Commission will place the person on the service list maintained by the Commission, and the person will receive from the Commission copies of Commission-issued pleadings in the proceeding.

     3.  Each person who participates in the proceeding as a commenter:

     (a) Must be styled a “commenter” in all pleadings;

     (b) Is not a party of record; and

     (c) Is limited to filing written comments in the proceeding pursuant to subsection 4.

     4.  Before the beginning of the hearing in the proceeding, each commenter may file with the Commission written comments concerning issues in the proceeding. The written comments will be made part of the record of the proceeding, but the written comments will not be treated as evidence.

     5.  A commenter is not a party of record to the proceeding, and a commenter shall not take any action that only a party of record may take, including, without limitation, presenting or cross-examining witnesses, conducting discovery, filing a petition for reconsideration or rehearing or seeking judicial review of a decision of the Commission.

     6.  If, during the pendency of the proceeding, a commenter claims to have a direct and substantial interest in the proceeding and desires to participate in the proceeding as an intervener, the commenter may file a petition for leave to intervene with the Commission pursuant to NAC 703.578 to 703.600, inclusive. If the petition for leave to intervene is filed with the Commission after the applicable period set forth in NAC 703.590, the petition must state a substantial reason for the delay as required by that section.

     (Added to NAC by Pub. Utilities Comm’n by R047-02, eff. 10-24-2002; A by R010-05, 9-7-2005)

      NAC 703.492  Notice to parties; request for hearing. (NRS 703.025, 703.320, 704.210)

     1.  The Commission will provide notice of the pendency of any matter before the Commission to the parties to the matter.

     2.  The notice of pendency will specify that the party may, within 10 days after the date of the notice, request a hearing on the matter.

     3.  If no request for a hearing is received by the Commission, it will dispense with a hearing and act upon the matter unless it finds that a hearing is necessary or required by statute.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-84; A by Pub. Utilities Comm’n by R047-02, 10-24-2002; R116-03, 10-30-2003)

      NAC 703.495  Rights of Commission’s staff. (NRS 703.025, 703.301, 704.210)  The Commission’s staff may appear, may be represented by counsel for the staff and may intervene in all proceedings before the Commission without filing a petition for leave to intervene.

     [Pub. Service Comm’n, Gen. Order 3 § 4.080, eff. 1-1-79]

      NAC 703.500  Rights of parties and commenters. (NRS 703.025, 704.210)  Except as otherwise provided by specific regulation, in any proceeding before the Commission:

     1.  Each party of record is entitled to enter an appearance, introduce relevant evidence, examine and cross-examine witnesses, make arguments, make and argue motions and generally participate in the proceeding.

     2.  Each commenter is entitled to file written comments with the Commission pursuant to NAC 703.491.

     [Pub. Service Comm’n, Gen. Order 3 § 5.010, eff. 1-1-79]—(NAC A 1-6-84; A by Pub. Utilities Comm’n by R047-02, 10-24-2002)

      NAC 703.505  Appearances. (NRS 703.025, 704.210)  A party may enter an appearance at the beginning of a hearing or at some other time designated by the presiding officer by giving his or her name and address. If a person is appearing on behalf of a party, the person must also identify the party he or she represents.

     [Pub. Service Comm’n, Gen. Order 3 § 5.020, eff. 1-1-79]—(NAC A 1-6-84)

      NAC 703.510  Representation: Generally; by attorney. (NRS 703.025, 704.210)

     1.  Subject to the specific requirements provided in this section for representation by an attorney, in any proceeding before the Commission, a person may represent himself or herself or may be represented by an attorney or any other person who satisfies the Commission or the presiding officer that the person possesses the expertise and is otherwise competent to advise and assist in the presentation of matters before the Commission. The Commission may, for good cause shown, exclude any representative or impose conditions upon the participation of any representative appearing before the Commission pursuant to the provisions of this section.

     2.  The provisions of this section rather than the provisions of Nevada Supreme Court Rule 42 govern appearances before the Commission by attorneys who are not admitted and entitled to practice before the Supreme Court of Nevada.

     3.  An attorney appearing in any proceeding before the Commission must be duly admitted to practice and in good standing before the highest court of any state or the District of Columbia.

     4.  With respect to any attorney appearing as a representative in a contested case:

     (a) An attorney who is not admitted and entitled to practice before the Supreme Court of Nevada and who does not reside in Nevada must associate with an attorney so admitted and entitled to practice and must file a notice of association with the Commission as provided in this section, unless, except as otherwise provided in paragraph (b), the attorney who is not admitted and entitled to practice before the Supreme Court of Nevada and who does not reside in Nevada has appeared before the Commission in the same substantive area of utility regulation in the 3 years immediately preceding the date on which the case is accepted for filing. For the purposes of this paragraph, the regulation of railroads, telecommunications carriers, water utilities, electric utilities and natural gas utilities are deemed to be different substantive areas of utility regulation.

     (b) Notwithstanding any prior appearances before the Commission, the Commission, for good cause shown, may require the attorney who is not admitted and entitled to practice before the Supreme Court of Nevada and who does not reside in Nevada to associate with an attorney so admitted and entitled to practice and to file a notice of association as provided in this section.

     5.  A notice of association required pursuant to this section must:

     (a) Identify each jurisdiction in which the attorney who is required to file the notice is duly admitted and in good standing;

     (b) Identify by name and State Bar of Nevada identification number the attorney with whom the attorney who is required to file the notice is associating;

     (c) Describe the qualifications of the attorney who is required to file the notice to advise and assist in the presentation of the contested case before the Commission; and

     (d) Be signed by the attorney who is required to file the notice and by the attorney with whom the attorney who is required to file the notice is associating.

     6.  Except as otherwise provided in subsection 7, the Commission or presiding officer may require the attorney who is admitted and entitled to practice before the Supreme Court of Nevada and who is identified in a notice of association required by this section to sign any pleadings and be present at any proceeding on the record.

     7.  An attorney who resides in Nevada and who is not admitted and entitled to practice before the Supreme Court of Nevada may not appear in any proceeding before the Commission unless the attorney:

     (a) Is qualified or has an application for qualification pending for the limited practice of law pursuant to Nevada Supreme Court Rule 49.10; and

     (b) Associates with an attorney who is admitted and entitled to practice before the Supreme Court of Nevada and files a notice of association as provided in this section. The attorney who is admitted and entitled to practice before the Supreme Court of Nevada and who is identified in a notice of association required by this section must sign any pleadings and be present at any proceeding on the record.

     8.  An attorney from the Regulatory Operations Staff shall represent the Regulatory Operations Staff in all proceedings before the Commission.

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

     [Pub. Service Comm’n, Gen. Order 3 § 5.030, eff. 1-1-79]—(NAC A 1-6-84; A by Pub. Utilities Comm’n by R047-02, 10-24-2002; R124-06, 9-18-2006; R036-10 & R076-10, 12-16-2010)

      NAC 703.515  Restriction on former employee acting as representative or expert witness. (NRS 703.025, 704.210)  No person who has served as an employee of the Commission may practice or act as an expert witness or representative in connection with any proceeding which is pending before the Commission on the date on which that person’s employment was terminated.

     [Pub. Service Comm’n, Gen. Order 3 § 5.060, eff. 1-1-79]—(NAC A 1-6-84)

      NAC 703.520  Withdrawal of representative. (NRS 703.025, 704.210)

     1.  Any representative wishing to withdraw from a proceeding before the Commission must make a motion stating the reasons for the requested withdrawal.

     2.  The presiding officer may order the representative to serve the motion in writing upon the party or commenter whom he or she represents and upon all parties of record.

     [Pub. Service Comm’n, Gen. Order 3 § 5.040, eff. 1-1-79]—(NAC A 1-6-84; A by Pub. Utilities Comm’n by R047-02, 10-24-2002)

      NAC 703.525  Standards of conduct; exclusion for contumacious conduct. (NRS 703.025, 704.210)

     1.  Any person appearing in a proceeding or filing written comments in a proceeding must conform to recognized standards of ethical and courteous conduct required of practitioners before the courts of the State.

     2.  Contumacious conduct by any person at any hearing before the Commission or a presiding officer is a ground for the exclusion of that person from that hearing and for summary suspension of that person from further participation in the proceedings.

     3.  Smoking is not permitted at any meeting or hearing of the Commission.

     [Pub. Service Comm’n, Gen. Order 3 § 5.050, eff. 1-1-79]—(NAC A by Pub. Utilities Comm’n by R047-02, 10-24-2002)

Confidentiality of Information

     NAC 703.527  Definitions. (NRS 703.025, 703.190, 703.196, 704.210)  As used in NAC 703.527 to 703.5282, inclusive:

     1.  “Information” means any books, accounts, records, minutes, reports, papers and property of a person which are in the possession of, or have been provided to, the Commission.

     2.  “Protective agreement” means an agreement pursuant to which a person agrees not to disclose, or otherwise make public, the information requested to be confidential and which specifies the manner in which the confidentiality of the information is to be treated.

     (Added to NAC by Pub. Service Comm’n, eff. 1-24-96; A by Pub. Utilities Comm’n by R047-02, 10-24-2002)

      NAC 703.5272  Applicability. (NRS 703.025, 703.190, 703.196, 704.210)  The provisions set forth in NAC 703.527 to 703.5282, inclusive, apply to all proceedings before the Commission or any presiding officer.

     (Added to NAC by Pub. Service Comm’n, eff. 1-24-96)

      NAC 703.5274  Confidential treatment of information: Requests; procedures; responsibilities of Commission; hearings. (NRS 703.025, 703.190, 703.196, 704.210)

     1.  A person who requests that information, which is in the possession of the Commission and pertains to that person, not be disclosed and be made confidential shall submit to:

     (a) The Secretary of the Commission, one copy of each page of the document which contains the information in an unredacted form. The copy must be printed on pink-colored paper and consist only of the pages containing the information requested to be confidential and, if taken from a larger document, the cover page of the larger document. The document must be placed in a sealed envelope, and the envelope and each page of the document must be stamped with the word “Confidential.” No system document may contain any information requested to be confidential.

     (b) The Commission, the larger document which redacts the information for which the confidential treatment is requested. If the larger document is submitted via the electronic filing system, the larger document must clearly state that corresponding, unredacted information is being filed pursuant to paragraph (a).

     2.  A request that information not be disclosed must be attached to the sealed envelope containing the information requested to be confidential and served on the Commission’s staff and the Consumer’s Advocate and must:

     (a) Describe with particularity the information to be treated as confidential information;

     (b) Specify the grounds for the claim of confidential treatment of the information; and

     (c) Specify the period during which the information must be retained, which may not exceed 5 years unless a request for an extension is granted by the Commission.

     3.  Public disclosure of only those specific portions of a filing which contain information for which confidentiality is requested will be withheld or otherwise limited.

     4.  If the information for which confidentiality is requested is part of an application, petition or other initial filing, the application, petition or filing must comply with the provisions of this section. The Commission’s initial notice issued pursuant to NRS 703.320 and NAC 703.492 will state that certain information contained in the application, petition or filing has been requested to be treated as confidential information.

     5.  The Commission is responsible for the custody, maintenance, and return or disposal of confidential information in the possession of the Commission and will:

     (a) Maintain the confidential information separate and apart from all other records of the Commission;

     (b) Adequately safeguard access to such information and ensure that confidential information is not divulged to unauthorized persons; and

     (c) Properly dispose of the confidential information after the appropriate period of time.

     6.  For the purpose of determining whether to accord confidential treatment to information in accordance with NAC 703.527 to 703.5282, inclusive, a presiding officer may review the information in camera.

     7.  A closed hearing held before a presiding officer must be held in accordance with the provisions of subsection 3 of NRS 703.196.

     8.  Notwithstanding the other provisions of this section, the Commission’s staff and the Consumer’s Advocate are entitled to receive information designated as confidential in accordance with NAC 703.527 to 703.5282, inclusive, if the Commission’s staff or the Consumer’s Advocate, as appropriate, has executed a protective agreement.

     9.  A person may request by telephone that information erroneously submitted through the electronic filing system be removed from any publicly accessible areas of the records management system. Within 2 business days of the request, the person must submit to the Commission:

     (a) A letter formally requesting the removal of the information from any publicly accessible areas of the records management system;

     (b) A revised version of the information to be substituted for the information erroneously submitted through the electronic filing system; and

     (c) A request that the information removed from the publicly accessible areas of the records management system be made confidential.

     10.  Submitted information shall not be deemed to be confidential until the requirements of this section are fulfilled in regards to an initial filing of information requested to be confidential or to a subsequent request for confidentiality.

     (Added to NAC by Pub. Service Comm’n, eff. 1-24-96; A by Pub. Utilities Comm’n by R010-05, 9-7-2005; R107-07, 12-4-2007)

      NAC 703.5276  Prepared testimony containing or addressing information designated as confidential. (NRS 703.025, 703.190, 703.196, 704.210)  For information which has been determined to be confidential, the Commission will or the presiding officer shall, in addition to the other procedures set forth in NAC 703.527 to 703.5282, inclusive:

     1.  Require that the prepared testimony which contains the confidential information not be disclosed except as otherwise specified in a protective agreement or a protective order issued by the Commission or presiding officer; or

     2.  Unless otherwise agreed upon by the parties involved, require that the portion of the prepared testimony of a person which may address the confidential information be submitted to the party who had requested that the information not be disclosed, before the date that the prepared testimony is to be submitted to the Commission or other parties.

     (Added to NAC by Pub. Service Comm’n, eff. 1-24-96; A by Pub. Utilities Comm’n by R047-02, 10-24-2002)

      NAC 703.5278  Contents of protective order issued with regard to information designated as confidential. (NRS 703.025, 703.190, 703.196, 704.210)  If the Commission or presiding officer determines that a protective order should be issued with regard to the information designated as confidential, the Commission will or the presiding officer shall issue a protective order which:

     1.  Describes generally the nature of the confidential information and the procedures to be utilized to protect the confidentiality of the information.

     2.  Specifies the period during which the disclosure of the information to the public will be withheld or otherwise limited.

     3.  Specifies the procedures to be used by each person during the pendency of the proceedings to ensure the confidentiality of the information.

     4.  Specifies the procedures for handling or returning the confidential information, as appropriate, upon the close of the proceedings or at the end of the period for which the information is to be treated as confidential.

     5.  Requires that the confidential information not be disclosed, except as:

     (a) May be agreed upon by the parties pursuant to a protective agreement; or

     (b) Otherwise directed by the Commission or presiding officer.

     6.  Specifies the procedures to be used at the time of the evidentiary hearing to protect the confidentiality of the information.

     7.  Requires such other action as the Commission or presiding officer deems appropriate under the circumstances.

     (Added to NAC by Pub. Service Comm’n, eff. 1-24-96; A by Pub. Utilities Comm’n by R047-02, 10-24-2002)

      NAC 703.528  Appeal of determination by presiding officer regarding treatment of confidential information; disclosure of information not designated confidential. (NRS 703.025, 703.190, 703.196, 704.210)

     1.  Any determination by the presiding officer regarding the treatment of confidential information may be appealed to the full Commission in accordance with NAC 703.735. The information will be subject to public disclosure 3 business days after the date on which the presiding officer issues his or her order denying the request for confidentiality unless:

     (a) The party who made the request appeals the decision of the presiding officer to the full Commission; or

     (b) Otherwise required by the order of a court of competent jurisdiction or agreed upon by the parties involved.

     2.  If the Commission determines that the disclosure of information requested to be treated as confidential information is justified, the Commission will:

     (a) Issue an order to that effect; and

     (b) Unless otherwise required by the order of a court of competent jurisdiction or agreed upon by the parties involved, continue to protect the information from public disclosure for the next 3 business days after the date on which the order denying the confidential treatment of the information is issued.

     (Added to NAC by Pub. Service Comm’n, eff. 1-24-96)

      NAC 703.5282  Disclosure of information designated as confidential; penalties. (NRS 703.025, 703.190, 703.196, 704.210)

     1.  During the pendency of a proceeding, any person who receives information which has been designated as confidential in accordance with NAC 703.527 to 703.5282, inclusive:

     (a) Shall not disclose the information unless the confidentiality of the information is waived. The confidentiality of information shall be deemed to be waived if:

          (1) The person who requested that the information not be disclosed makes the information available to the public or otherwise authorizes its disclosure; or

          (2) The Commission or presiding officer enters an order which authorizes the disclosure of the information.

     (b) May request, at any time, that the Commission or presiding officer make a determination that the disclosure of the information is justified. The person may accompany his or her request with a sealed copy of the unredacted document or information.

     2.  The person seeking to have the information protected from disclosure has the burden of proof to demonstrate that the information sought to be disclosed is entitled to that protection.

     3.  Information which is the subject of an agreement or a protective order will be provided only to the Commission’s staff, the Consumer’s Advocate, the legal counsel of a party of record and any person who is identified by a party of record as his or her expert for the purposes of reviewing and analyzing the specific matter related to the confidential information.

     4.  A person, a party, the legal counsel of a party or the expert designated by a party who:

     (a) Violates the procedures of the Commission or presiding officer for protecting information;

     (b) Fails to obey a protective order issued by the Commission or the presiding officer;

     (c) Violates the terms or conditions of a protective agreement; or

     (d) Violates any other prohibition of the disclosure of information designated as confidential in accordance with NAC 703.527 to 703.5282, inclusive,

Ê is subject to the penalties and civil remedies prescribed in NRS 703.380 and 704.630, and, after notice and opportunity for a hearing, may be barred by order of the Commission from appearing before the Commission.

     (Added to NAC by Pub. Service Comm’n, eff. 1-24-96; A by Pub. Utilities Comm’n by R010-05, 9-7-2005)

Pleadings

     NAC 703.530  Captions, amendments and construction of pleadings. (NRS 703.025, 704.210)

     1.  Pleadings before the Commission must be styled applications, petitions, complaints, answers, motions or comments.

     2.  If not otherwise prohibited by law and if substantial rights of the parties will not be prejudiced, the Commission will or the presiding officer shall allow any pleading to be amended or corrected or any omission in the pleading to be cured.

     3.  The Commission will or the presiding officer shall liberally construe the pleadings and disregard any defects which do not affect the substantial rights of any party.

     [Pub. Service Comm’n, Gen. Order 3 §§ 7.010, 7.040 & 7.050, eff. 1-1-79]—(NAC A 1-6-84; A by Pub. Utilities Comm’n by R047-02, 10-24-2002)

      NAC 703.535  Applications: General requirements. (NRS 703.025, 704.210)

     1.  A pleading requesting a privilege, right or authority from the Commission must be styled an “application.”

     2.  An application must set forth:

     (a) The full name, mailing address and telephone number of the applicant and full name, mailing address and telephone number of the applicant’s authorized representative or attorney, if applicable;

     (b) All material facts which the applicant is prepared to prove and upon which the Commission may base its decision to grant the request;

     (c) Required exhibits and such other exhibits as the applicant deems appropriate;

     (d) A request for the order, authorization, permission, certificate, relief or permit desired; and

     (e) A reference to the particular statutes or regulations requiring or supporting the requested action.

     3.  An application by a public utility for a determination of the value of its property for the purpose of establishing rates and the rate of return on that property or for increased rates and charges must also conform to the requirements of NAC 703.2201 to 703.2481, inclusive.

     [Pub. Service Comm’n, Gen. Order 3 § 7.060, eff. 1-1-79]—(NAC A 10-14-82; 1-6-84; 1-5-89)

      NAC 703.540  Petitions: General requirements. (NRS 703.025, 704.210)

     1.  A pleading praying for affirmative relief, other than an application, motion, answer or complaint, must be styled a “petition.”

     2.  If the subject of any desired relief is not readily apparent or specifically covered by the provisions of this chapter, a petition seeking that relief and stating the reasons relied upon may be filed. The petition will be handled in the same manner as other petitions.

     3.  If the Commission does not grant, deny or set a petition for further proceedings within 60 days after the date on which the petition is received by the Commission, the petition shall be deemed denied.

     4.  If the Commission sets a petition for further proceedings, the Commission will rule on the petition within 120 days after the date on which the Commission set the petition for further proceedings.

     [Pub. Service Comm’n, Gen. Order 3 §§ 7.080 & 7.110, eff. 1-1-79]—(NAC A 1-6-84; A by Pub. Utilities Comm’n by R186-97, 1-30-98)

      NAC 703.546  Petition to adopt, amend or repeal regulation. (NRS 703.025, 704.210)

     1.  If a petition requests the adoption of a proposed regulation, it must include the full text of the proposed regulation and the reasons for the requested adoption.

     2.  If a petition requests the amendment or repeal of an existing regulation, it must include:

     (a) The regulation or that portion of the regulation in question and the suggested amendment; and

     (b) The reason for the amendment or repeal of the regulation.

     3.  The Commission will convene to consider each petition submitted in accordance with this section and will notify the petitioner within 30 days after the petition is filed of the disposition of the petition.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-84)

      NAC 703.550  Motions: General requirements. (NRS 703.025, 704.210)

     1.  Any request for an order by the Commission, except for an order to permit intervention or an order to show cause, concerning any matter that has been assigned a docket number but has not been finally decided by the Commission must be styled a “motion.”

     2.  A motion must be in writing unless made during a hearing. If a motion is made during a hearing, the motion may be written or oral. Oral motions must be timely made.

     3.  The presiding officer may order the parties to file one or more affidavits in support or contravention of a motion which has been made.

     4.  A motion must include citations of any authorities upon which the motion relies.

     5.  A written motion must be filed with the Commission and served upon all parties of record.

     6.  The presiding officer may direct that any motion made at a proceeding must be reduced to writing and filed and served in accordance with this section.

     7.  A motion that involves the final determination of a proceeding, including a motion to dismiss, will be considered by the Commission at the time of the final decision and order, unless the presiding officer or Commission determines that an expedited ruling would be in the public interest.

     8.  The presiding officer may rule on any motion made at a hearing which does not constitute a final determination of the proceeding.

     9.  A written motion, other than one made during a proceeding, must be served not later than 10 days before the date set for the hearing unless a different time is specified by the presiding officer or by specific regulation.

     10.  Motions filed by different parties of record but involving the same point of law may be set for hearing at the same time.

     11.  As used in this section, “party of record” includes all persons who have filed petitions for leave to intervene which are pending at the time a motion is to be filed or served.

     [Pub. Service Comm’n, Gen. Order 3 § 7.180, eff. 1-1-79]—(NAC A 1-6-84; A by Pub. Utilities Comm’n by R047-02, 10-24-2002)

      NAC 703.555  Responses to motions; replies to responses. (NRS 703.025, 704.210)  Except as otherwise provided by a specific regulation:

     1.  Any party of record against whom a motion is directed may file a response to the motion. A response must be in writing unless made during a hearing. If made during a hearing, a response may be written or oral.

     2.  A response that is required to be in writing pursuant to subsection 1 must be:

     (a) Served upon each party of record.

     (b) Except as otherwise provided in subsection 6 or otherwise directed by the presiding officer, filed with the Commission no later than 5 business days after receipt of service of the motion.

     3.  A party of record who:

     (a) Directs a motion against another party of record; and

     (b) Receives a response to that motion pursuant to subsection 1,

Ê may file a reply to the response. A reply filed pursuant to this subsection must be in writing unless made during a hearing. If made during a hearing, a reply may be written or oral. If a party to whom this subsection applies decides not to file a reply to the response, that party shall notify the Commission of the decision so that the Commission or presiding officer may decide the motion on the basis of the pleadings which have already been filed.

     4.  A reply that is required to be in writing pursuant to subsection 3 must be:

     (a) Served upon each party of record.

     (b) Except as otherwise provided in subsection 6 or otherwise directed by the presiding officer, filed with the Commission no later than 5 business days after receipt of service of the response.

     5.  If a party of record files a reply to a response pursuant to subsection 3, the Commission will or the presiding officer shall consider only those portions of the reply that address directly matters set forth in the response.

     6.  Unless otherwise directed by the presiding officer, if a motion is filed within 14 days before the date on which the hearing is scheduled to commence, responses to the motion must be filed with the Commission no later than 3 business days after the date of receipt of service of the motion and replies to the responses must be filed with the Commission no later than 2 business days after the receipt of service of the response.

     [Pub. Service Comm’n, Gen. Order 3 § 7.190, eff. 1-1-79]—(NAC A 1-6-84; A by Pub. Utilities Comm’n by R186-97, 1-30-98; R047-02, 10-24-2002; R010-05, 9-7-2005)

      NAC 703.560  Pleadings: General requirements; effect of signature. (NRS 703.025, 704.210)

     1.  Pleadings must:

     (a) Be properly titled.

     (b) Be signed by each party or commenter or, if represented, by the authorized representative or attorney of each party or commenter.

     (c) Include the name and address of each party or commenter and, if represented, the name, address and telephone number of the authorized representative or attorney of each party or commenter.

     (d) Except an initial pleading, clearly identify the proceeding by title and docket number.

     (e) Set forth a clear and concise statement of the matters relied upon as a basis for the action or relief requested and an appropriate prayer.

     2.  A pleading initiating a new proceeding must have space for the docket number.

     3.  Regardless of any error in the designation of a pleading, the Commission will or the presiding officer shall accord the pleading its true status in the proceeding in which it is filed.

     4.  A signature on the pleading constitutes a representation that:

     (a) The person signing the pleading has read the pleadings;

     (b) To the best of the person’s knowledge, there are good grounds to support the pleading;

     (c) The information in the pleading is true to the best of his or her knowledge and belief; and

     (d) The pleading is not filed solely to delay the proceeding.

     5.  If a person filing a pleading desires a hearing on the matter, a request for a hearing must be stated in the pleading.

     [Pub. Service Comm’n, Gen. Order 3 § 7.030, eff. 1-1-79]—(NAC A 1-6-84; A by Pub. Utilities Comm’n by R047-02, 10-24-2002; R107-07, 12-4-2007)

      NAC 703.570  Answers: General requirements. (NRS 703.025, 704.210)

     1.  A party to a proceeding who desires to contest a petition, an order to show cause or a complaint or make any representation about it to the Commission may file an answer with the Commission.

     2.  An answer to an order to show cause or a complaint must:

     (a) Be in writing; and

     (b) Specifically admit or deny each material allegation and state any new matter constituting a defense. Matters alleged by way of an affirmative defense must be separately stated and numbered.

     3.  If an amendment or correction to a pleading is filed before the filing of an answer, the time within which to answer will be computed from the date of service of the amendment or correction unless the Commission or presiding officer directs otherwise.

     4.  Except as otherwise ordered by the Commission, the facts set forth in an amendment or correction shall be deemed admitted if an answer to the amendment or correction is not filed. If a party does wish to answer an amendment or correction, the party must file an answer within 15 days after the service of the amendment or correction unless the Commission or presiding officer directs otherwise.

     5.  Amendments or corrections made after the filing of an answer need not be answered.

     6.  Failure to file an answer or failure to indicate a jurisdictional defect in an answer does not waive the right to object to a jurisdictional defect.

     [Pub. Service Comm’n, Gen. Order 3 §§ 7.120-7.140, eff. 1-1-79]—(NAC A 1-6-84)

      NAC 703.573  Answers to petitions. (NRS 703.025, 704.210)  An answer to a petition must:

     1.  Be in writing;

     2.  Be written so as to advise the Commission and parties of record fully of the nature of the answer;

     3.  Contain a separate statement and number for each material element of the answer;

     4.  Be signed by the answering party or, if represented, by his or her attorney or other authorized representative;

     5.  Include the full name, address and telephone number of the answering party; and

     6.  Be filed with the Commission within 10 days after service of the petition to which the answer is directed, unless the Commission shortens or extends this time.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-84; A by Pub. Utilities Comm’n by R010-05, 9-7-2005)

      NAC 703.577  Motions to dismiss certain applications involving rate increase. (NRS 703.025, 704.210)

     1.  A motion by a party to dismiss an application that is within the prohibition of paragraph (e) of subsection 1 of NRS 704.100 must be in writing and filed with the Commission no later than 15 days after the date the application is filed with the Commission.

     2.  The applicant and the Commission’s staff, if not the moving party, may respond to the motion within 7 days after it is filed. The response must be in writing.

     3.  The Commission will hold a hearing on the motion no later than 5 days after the time for response has expired and will render a decision on the motion within 30 days after the date the application is filed.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-84)

Petitions for Leave to Intervene

      NAC 703.578  “Association” defined. (NRS 703.025, 704.210)  As used in NAC 703.578 to 703.600, inclusive, unless the context otherwise requires, “association” means an organization, other than a for-profit corporation, partnership or limited-liability company, created to represent the interests of its members.

     (Added to NAC by Pub. Utilities Comm’n by R047-02, eff. 10-24-2002; A by R068-09, 11-25-2009)

      NAC 703.580  Persons entitled to file petition. (NRS 703.025, 704.210)

     1.  Any person who claims to have a direct and substantial interest in a proceeding and desires to participate in it as an intervener must file a petition for leave to intervene with the Commission requesting an order permitting the intervention.

     2.  A person has a direct and substantial interest in a proceeding if:

     (a) A statute explicitly confers on the person a right to intervene; or

     (b) The person claims an interest relating to the property or transaction which is the subject of the proceeding and the person is so situated that the disposition of the proceeding will, as a practical matter, impair or impede the ability of the person to protect that interest, unless the person is adequately represented by existing parties.

     3.  A person does not have a direct and substantial interest in a proceeding if the person claims an interest that is:

     (a) Based on a speculative business or marketing plan;

     (b) Based solely on a person’s involvement in a proceeding in another unrelated docket;

     (c) Based on an interest that is irrelevant to the proceeding; or

     (d) Based solely on a desire to monitor the proceeding or to obtain information from the proceeding.

     [Pub. Service Comm’n, Gen. Order 3 § 6.010, eff. 1-1-79]—(NAC A 1-6-84; A by Pub. Utilities Comm’n by R047-02, 10-24-2002; R010-05, 9-7-2005)

      NAC 703.585  Contents of petition. (NRS 703.025, 704.210)  A petition for leave to intervene must be in writing and set forth the following:

     1.  The title and docket number of the proceeding in which leave to intervene is sought;

     2.  The name and address of the petitioner and, if represented, the name, address and telephone number of his or her attorney or other authorized representative;

     3.  A clear and concise statement of the direct and substantial interest of the petitioner in the proceedings and, if the petitioner is an association, all information that is necessary for the petitioner to satisfy the requirements set forth in NAC 703.595;

     4.  The manner in which the petitioner will be affected by the proceedings;

     5.  A statement as to whether the petitioner intends to present evidence in the proceeding; and

     6.  If affirmative relief is sought, a description of the desired relief and the basis for that relief.

     [Pub. Service Comm’n, Gen. Order 3 § 6.020, eff. 1-1-79]—(NAC A 1-6-84; A by Pub. Utilities Comm’n by R047-02, 10-24-2002; R010-05, 9-7-2005)

      NAC 703.590  Time for filing petition. (NRS 703.025, 704.210)

     1.  A petition for leave to intervene must be filed with the Commission within any applicable period set in the public notice published in accordance with NAC 703.160.

     2.  If a petition for leave to intervene is filed after the applicable period, the petition must state a substantial reason for the delay. The Commission will not grant a petition for leave to intervene that is filed after the applicable period if the delay in filing was because of neglect or unreasonable inaction by the petitioner or his or her attorney.

     [Pub. Service Comm’n, Gen. Order 3 § 6.030, eff. 1-1-79]—(NAC A 1-6-84; 12-2-91; A by Pub. Utilities Comm’n by R010-05, 9-7-2005)

      NAC 703.593  Response to petition; reply to response. (NRS 703.025, 704.210)

     1.  A person who wishes to respond to a petition for leave to intervene filed pursuant to NAC 703.578 to 703.600, inclusive, may file with the Commission a response to the petition for leave to intervene.

     2.  A response to a petition for leave to intervene must:

     (a) Be in writing;

     (b) Specifically support or oppose the petition for leave to intervene for which the response is filed; and

     (c) Be filed with the Commission and served on each party of record and all persons who filed a petition for leave to intervene in the applicable proceeding not later than 5 business days after the deadline for filing a petition for leave to intervene established by the Commission or the date of the filing of the petition for leave to intervene for which the response is filed, whichever is later.

     3.  A person who has filed a petition for leave to intervene and who receives a response to the petition for leave to intervene may file a reply to the response. The reply must be:

     (a) In writing; and

     (b) Filed with the Commission and served on each party of record, the person who filed the response and all persons who filed a petition for leave to intervene in the applicable proceeding not later than 5 business days after the date on which the response was filed.

     (Added to NAC by Pub. Utilities Comm’n by R068-09, eff. 11-25-2009)

      NAC 703.595  Standards for granting petition; standards for dismissing intervener. (NRS 703.025, 704.210)

     1.  If the petitioner is a person other than an association and the petition for leave to intervene shows that the petitioner has a direct and substantial interest in the subject of the proceeding, or any part of it, and the intervention would not unduly broaden the issues, the Commission will or the presiding officer may grant leave for the petitioner to intervene or otherwise to appear in the proceeding with respect to the matters set forth in the petition and subject to such reasonable conditions as may be prescribed by the Commission or presiding officer.

     2.  If the petitioner is an association and:

     (a) The petition for leave to intervene shows that two or more members of the association have a direct and substantial interest in the subject of the proceeding, or any part of it;

     (b) The petitioner demonstrates, through its charter, a contract or some other document, that the purpose of the association is directly related to the subject of the proceeding and that the association is authorized to represent its members in the proceeding; and

     (c) The intervention would not unduly broaden the issues,

Ê the Commission will or the presiding officer may grant leave for the petitioner to intervene or otherwise to appear in the proceeding with respect to the matters set forth in the petition and subject to such reasonable conditions as may be prescribed by the Commission or presiding officer.

     3.  If it appears during the proceedings that an intervener has no direct or substantial interest in the proceeding or otherwise does not satisfy the requirements to intervene in the proceeding, and that the public interest does not require his or her further participation, the Commission will or the presiding officer shall dismiss the intervener from the proceeding.

     [Pub. Service Comm’n, Gen. Order 3 § 6.040, eff. 1-1-79]—(NAC A 1-6-84; A by Pub. Utilities Comm’n by R047-02, 10-24-2002)

      NAC 703.600  Limitations on rights of certain interveners. (NRS 703.025, 704.210)  When two or more interveners have substantially the same interest and positions, the Commission will, or the presiding officer shall, limit the number of interveners who will be permitted to cross-examine, make and argue motions or make objections during the course of the hearing when such a limitation is appropriate to expedite the hearing.

     [Pub. Service Comm’n, Gen. Order 3 § 6.050, eff. 1-1-79]—(NAC A by Pub. Utilities Comm’n by R010-05, 9-7-2005)

Service of Documents

      NAC 703.610  Methods of service; duty to serve other parties; requests for personal service. (NRS 703.025, 704.210)

     1.  All documents required to be served on a party by any other party must be served in one of the following ways:

     (a) In person.

     (b) By mail. If the service is by mail, the service is complete when a true copy of the document, properly addressed and stamped, is deposited in the United States mail.

     (c) By electronic mail. If service is by electronic mail, the service is complete when sent, except service is deemed to have occurred on the next business day if the electronic mail message is sent after 5 p.m. on a business day, on a Saturday, on a Sunday or on a holiday on which the Commission’s offices are closed.

     (d) Via a password-protected website, if agreed to by the parties and pursuant to the rules determined by the parties.

     2.  After the commencement of a proceeding, a copy of each pleading to be filed with the Commission must be served by the pleading party on every other party of record. If a party of record is represented by an authorized representative or an attorney, service must be made on that representative or attorney. Service must be made before or concurrently with the filing of the pleading with the Commission.

     3.  Upon the advance request of another party, a party serving a document shall telephone the requesting party when the document is ready to be served so that it may be accepted personally by the requesting party in lieu of service by mail.

     [Pub. Service Comm’n, Gen. Order 3 § 9.020, eff. 1-1-79]—(NAC A 1-6-84; A by Pub. Utilities Comm’n by R047-02, 10-24-2002; R107-07, 12-4-2007)

      NAC 703.615  Proof of service. (NRS 703.025, 704.210)  There must appear on all documents required to be served an acknowledgment of receipt of service or the following certificate:

 

          I hereby certify that I have this day served the foregoing document upon all parties of record in this proceeding (by delivering a copy thereof in person to ................................) (by electronic service to ...............................) (by mailing a copy thereof, properly addressed, with postage prepaid to ................................).

          Dated at ..................., this .........(day) of .................(month) of .........(year)

 

                                                                                    .......................................................................

                                                                                                                 Signature

 

     [Pub. Service Comm’n, Gen. Order 3 § 9.030, eff. 1-1-79]—(NAC A by Pub. Utilities Comm’n by R047-02, 10-24-2002; R107-07, 12-4-2007)

Complaints

      NAC 703.616  Disposition of oral complaints. (NRS 703.025, 703.310, 704.210)

     1.  The Division of Consumer Complaint Resolution shall attempt to resolve informally any oral complaint made by a customer against a public utility. If a customer is not satisfied with the informal resolution of his or her complaint, the Division shall inform the customer that he or she has a right to file a written complaint with the Division.

     2.  The Division may request the customer to provide a written confirmation of the oral complaint.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-84; A by Transportation Serv. Auth. by R071-98, 10-28-98)

      NAC 703.621  Written complaints. (NRS 703.025, 703.310, 704.210)

     1.  A customer’s written complaint must:

     (a) Clearly and concisely state the grounds of the complaint and the facts constituting the alleged wrongful acts or omissions; and

     (b) Be accompanied by copies of all supporting documents, such as invoices, bills of lading, cancelled checks and statements of account.

     2.  The Division of Consumer Complaint Resolution shall maintain a record of each written complaint, including, without limitation:

     (a) Each pertinent fact relative to the origin, nature and basis of the complaint;

     (b) A description of everything the complainant has done or attempted to do to resolve the complaint;

     (c) The response of the utility to the complaint, with copies of supporting documents, if any; and

     (d) Any other information the Division deems to be relevant to the understanding and resolution of the complaint.

     3.  The Division shall:

     (a) Within 5 days after receiving a written complaint, send a letter of acknowledgment to the complainant.

     (b) Within 10 days after receiving a written complaint, send a copy of it to the utility against which the complaint is made and require the utility to file a response to the complaint with the Division in accordance with NAC 703.626.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-84; A by Transportation Serv. Auth. by R071-98, 10-28-98)

      NAC 703.626  Response to written complaint. (NRS 703.025, 703.310, 704.210)

     1.  A utility against which a complaint is made shall file with the Division of Consumer Complaint Resolution a written response to the complaint within 15 days after receiving the complaint unless, for good cause shown, the Division extends the time for responding.

     2.  The response must include, without limitation:

     (a) A statement that the respondent has successfully resolved the complaint; or

     (b) A detailed admission or denial of each material allegation of the complaint and a full statement of the facts and matters of law relied upon as a defense.

     3.  The response must:

     (a) Be signed by the respondent or, if represented, by its attorney or other authorized representative.

     (b) Include the full name, address and telephone number of the respondent and, if represented, the name, address and telephone number of its attorney or other authorized representative.

     4.  If the respondent fails to file a response with the Division within the prescribed time, the Division shall place the matter before the Commission for a determination of probable cause. An unexcused failure of the respondent to respond to the complaint within the prescribed time shall be deemed an admission by it of all relevant facts stated in the complaint.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-84; A by Transportation Serv. Auth. by R071-98, 10-28-98)

      NAC 703.631  Investigation and recommendation by Division. (NRS 703.025, 703.310, 704.210)

     1.  When the Division of Consumer Complaint Resolution receives a response to a written complaint, it shall examine the complaint, the response and any other information it has obtained which is necessary for the resolution of the complaint.

     2.  After completing an investigation of the matter set forth in the complaint, the Division shall notify all parties of the results of the investigation and shall recommend any actions which the parties should take in order to resolve the complaint.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-84)

      NAC 703.636  Transmittal of unresolved complaints to Commission. (NRS 703.025, 703.310, 704.210)

     1.  If the Division of Consumer Complaint Resolution cannot resolve a complaint, either because it determines that the complaint cannot be resolved or the complainant is not satisfied with the Division’s recommendation, it shall inform all parties that the complaint has been transmitted to the Commission for review.

     2.  In addition to transmitting the complaint, the results of its investigation and its recommendation to the Commission, the Division shall transmit:

     (a) The reasons for the complaint;

     (b) The position taken by the respondent; and

     (c) Any interim action taken by the Division.

Ê The Division shall send this additional information to the complainant and respondent.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-84)

      NAC 703.641  Dismissal of complaint. (NRS 703.025, 703.310, 704.210)  If the Commission determines that no probable cause exists for a complaint received by the Division of Consumer Complaint Resolution or if the complaint has been settled and the Commission has received notice of the settlement, the Commission will dismiss the complaint. A copy of the Commission’s minute entry showing its dismissal of the complaint and a short statement of its reasons for dismissal will be served upon the complainant and respondent.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-84)

      NAC 703.646  Public hearing; interim relief. (NRS 703.025, 703.310, 704.210)  If the Commission determines that probable cause exists for a complaint received by the Division of Consumer Complaint Resolution, it will:

     1.  Set a date for a public hearing on the complaint.

     2.  Order appropriate interim relief. If the complaint relates to bills or deposits, the Commission, without hearing or formal order and in the absence of unusual circumstances, will, upon such terms and conditions as it deems appropriate, forbid discontinuance of service or the issuance of any notice of discontinuance during its investigation of the complaint.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-84)

      NAC 703.651  Complaints investigated directly by Commission. (NRS 703.025, 704.210)

     1.  The Commission will directly investigate any complaint other than one filed by a customer pursuant to NAC 703.621.

     2.  A complaint to be investigated directly by the Commission must be in writing and contain:

     (a) The name and address of the complainant and, if represented, the name, address and telephone number of his or her attorney or other authorized representative.

     (b) The name of the utility against which the complaint is made.

     (c) A complete statement of the grounds for the complaint, including whenever possible, reference to each statute or regulation which is alleged to have been violated.

     (d) The date of each act or omission complained of.

     (e) The nature of the relief sought.

Ê The complaint must be signed by the complainant or, if represented, by his or her attorney or other authorized representative.

     3.  Two or more grounds of complaint concerning the same subject may be included in one complaint, but the grounds must be separately stated and numbered. Two or more complainants may join in one complaint if their respective causes of action are against the same respondent and deal with substantially the same alleged violation.

     4.  The complainant shall serve a copy of the complaint on the respondent. Proof of service must be made by affidavit signed by the complainant or, if represented, by his or her attorney or other authorized representative.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-84; A by Transportation Serv. Auth. by R071-98, 10-28-98)

Hearings

      NAC 703.655  Prehearing conference. (NRS 703.025, 704.210)

     1.  The Commission or presiding officer may, upon its or the presiding officer’s own motion or at a motion made by a party of record, hold a prehearing conference to accomplish one or more of the following purposes:

     (a) Formulate or simplify the issues involved in the proceeding.

     (b) Obtain admissions of fact or any stipulation of the parties.

     (c) Arrange for the exchange of proposed exhibits or prepared expert testimony.

     (d) Identify the witnesses and the subject matter of their expected testimony and limit the number of witnesses, if necessary.

     (e) Rule on any pending procedural motions, motions for discovery or motions for protective orders.

     (f) Establish a schedule for the completion of discovery.

     (g) Determine the necessary and appropriate content of the notice of hearing required in subsection 6 of NAC 703.2211 or subsection 6 of NAC 703.2511.

     (h) Establish a schedule for the submission of a statement of issues and positions by all parties to a hearing on a change in rates by a public utility.

     (i) Establish any other procedure which may expedite the orderly conduct and disposition of the proceedings.

     2.  Notice of any prehearing conference will be provided to all parties of record. Unless otherwise ordered for good cause shown, the failure of a party to attend a prehearing conference constitutes a waiver of any objection to the agreements reached or rulings made at the conference.

     3.  The action taken and the agreements made at a prehearing conference:

     (a) Must be made a part of the record.

     (b) Control the course of subsequent proceedings unless modified at the hearing by the presiding officer.

     (c) Are binding upon all parties and persons who subsequently become parties to the proceeding.

     4.  In any proceeding the presiding officer may call all the parties together for a conference before the taking of testimony or may recess the hearing for such a conference to carry out the intent of this section. The presiding officer will state on the record the results of such a conference.

     [Pub. Service Comm’n, Gen. Order 3 §§ 10.010-10.030, eff. 1-1-79]—(NAC A 1-6-84; 3-19-87)

      NAC 703.662  Proposed change or addition to notice. (NRS 703.025, 703.320, 704.210)  Any party may propose changes or additions to the notice required by NAC 703.2211 or 703.2511. The presiding officer shall resolve any dispute concerning the contents of a proposed notice of hearing.

     (Added to NAC by Pub. Service Comm’n, eff. 3-19-87)

      NAC 703.665  Location of hearing. (NRS 703.025, 704.210)  Hearings will be held at the location the Commission designates in the notice of hearing. To the extent possible, hearings will be held in the geographical area which is most affected by the proceeding.

     [Pub. Service Comm’n, Gen. Order 3 part § 11.010, eff. 1-1-79]—(NAC A 1-6-84)

      NAC 703.667  Objection by Commissioner to designation as presiding officer. (NRS 703.025, 704.210) If the Commissioner designated by the Chair to preside over a hearing objects to the designation and the Chair does not appoint a hearing officer to preside over the hearing in lieu of the Commissioner, the Commission will hear the matter and issue a decision thereon.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-84; A by Pub. Utilities Comm’n by R047-02, 10-24-2002)

      NAC 703.670  Continuances. (NRS 703.025, 704.210)  The Commission or presiding officer may, for good cause, either before or during a hearing, grant a continuance of the hearing for the conveniences of the parties or the Commission.

     [Pub. Service Comm’n, Gen. Order 3 § 11.190, eff. 1-1-79]

      NAC 703.675  Failure of party to appear. (NRS 703.025, 704.210)  If a party, other than the Commission’s staff or the Consumer’s Advocate, fails to appear at the time and place set for a prehearing conference or hearing without prior notification to the Commission or the presiding officer, the Commission will or the presiding officer shall dismiss the party, with or without prejudice, unless the Commission or presiding officer, upon good cause shown, excuses the absence.

     [Pub. Service Comm’n, Gen. Order 3 § 11.030, eff. 1-1-79]—(NAC A by Pub. Utilities Comm’n by R047-02, 10-24-2002; R010-05, 9-7-2005)

      NAC 703.680  Discovery. (NRS 703.025, 704.210)

     1.  In addition to the provisions of NRS 703.195 and NAC 703.2208 and 703.2508, the parties to any matter that has been assigned a docket number may conduct discovery with regard to any information that is not privileged through written data requests and oral depositions that are reasonably calculated to obtain information that is relevant to the matter.

     2.  Upon motion and opportunity for response, the presiding officer may, for good cause shown, prohibit discovery or restrict or modify the scope of discovery. A motion to limit the number of data requests must be filed with the Commission and served upon all parties of record not later than 45 days after the opening of the docket.

     3.  Except as otherwise provided in subsection 4, a data request, a notice of deposition, and an objection or response to a discovery request must be served upon the appropriate party at the address, telephone number or electronic mail address designated in the application, petition or petition for leave to intervene and may be sent by United States mail, overnight delivery service, facsimile or electronic mail. All data requests must also be served upon the Regulatory Operations Staff and the Bureau of Consumer Protection in the Office of the Attorney General.

     4.  In lieu of service pursuant to subsection 3, a responding party in a case with a significant volume of discovery responses may deposit those responses in a password-protected website.

     5.  A notice of deposition must state the date, time and location of the deposition and be served at least 10 business days before the date of the deposition. The deposing party may enumerate in the notice any specific documents the deponent must bring to the deposition.

     6.  A party may object in whole or in part to a discovery request within 5 business days after receiving the request. An objection to a discovery request must be in writing and state the specific grounds for the objection.

     7.  Unless otherwise ordered by the presiding officer or agreed to by the parties, or unless a timely objection has been made, a response to a data request must be served on or otherwise made available to the requesting party not later than 10 business days after receipt of the request by the responding party, except that the responding party will be allowed an additional 5 business days within which to respond if the responding party timely notifies the requesting party of the need for the additional response time because the responding party is experiencing technical or practical difficulties in providing a thorough response within the 10-day period.

     8.  Except as otherwise provided in subsection 9, a response to a data request must be submitted in the following quantities to the following persons:

     (a) Two copies must be submitted to the attorney of record of the Regulatory Operations Staff, unless directed otherwise by the Regulatory Operations Staff in the data request;

     (b) Two copies must be submitted to the attorney of record of the Bureau of Consumer Protection in the Office of the Attorney General; and

     (c) One copy must be submitted to the requesting party.

     9.  If a response to a data request is transmitted by electronic mail or deposited in a password-protected website, the responding party shall provide one hard copy of the response to the attorney of record of the Regulatory Operations Staff and one hard copy of the response to the attorney of record of the Bureau of Consumer Protection in the Office of the Attorney General within 2 business days after the due date for the response. The parties may agree to, or the presiding officer may order, an on-site inspection of the response to a data request if the response involves confidential or voluminous material. If an on-site inspection is agreed to by the parties or ordered by the presiding officer, the responding party shall make reasonable efforts to facilitate the inspection.

     10.  If a dispute arises concerning discovery, the involved parties shall confer in good faith to attempt to resolve the dispute before seeking resolution by the presiding officer. The presiding officer shall rule on all motions related to discovery.

     11.  The following standards apply to discovery responses to the extent available in the format requested:

     (a) Computer files must be executable in the file format specified by the Regulatory Operations Staff.

     (b) Image files must not be used.

     (c) Nominally numeric fields, such as account numbers or negative values, must contain numeric data and not literal data.

     (d) Spreadsheet computer files that perform calculations must operate so that a change in input causes a change in output.

     12.  If a party that is responding to a data request believes that the response contains information which is commercially sensitive or which constitutes a trade secret, the party may, before providing the response, request that a confidentiality agreement be signed by specifying the grounds for the claim of confidential treatment of the information. If a confidentiality agreement is signed, the recipient of the information shall not publicly disclose the information except:

     (a) With the approval of the party that requested the confidentiality agreement; or

     (b) Pursuant to an order of a court of competent jurisdiction or the Commission.

     13.  The parties may agree in writing to alternative discovery procedures and time frames. A party may pursue any other form of discovery provided for in the Nevada Rules of Civil Procedure upon agreement with the party to whom the discovery request is directed or with permission from the presiding officer upon good cause being shown.

     14.  If a responding party fails to respond adequately after an order from the presiding officer or the Commission concerning discovery, the Commission may, upon the motion of any party of record, enter such order as the Commission deems just, including, without limitation, the dismissal of the application or petition, the imposition of civil penalties pursuant to NRS 703.380, if applicable, or the revocation of intervener status against the nonresponsive party.

     15.  A response to a motion for discovery must be filed with the Commission and served upon all parties of record within 5 business days after the motion for discovery is filed with the Commission. A reply to the response, if any, must be filed with the Commission within 5 business days after the response is filed with the Commission.

     16.  Discovery must be completed at least 15 days before the date set for the hearing unless otherwise ordered by the presiding officer. Any party of record seeking to have this time shortened or lengthened must do so by a motion to the presiding officer. The presiding officer shall grant the motion for good cause shown.

     17.  As used in this section, “data request” means a comprehensive vehicle for obtaining discovery and includes, without limitation, interrogatories, requests for admission, and requests for production of documents or inspection of property.

     [Pub. Service Comm’n, Gen. Order 3 § 11.180, eff. 1-1-79]—(NAC A 1-6-84; A by Pub. Utilities Comm’n by R092-03, 10-30-2003; R010-05, 9-7-2005; R036-10, 12-16-2010)

      NAC 703.685  Witnesses and testimony. (NRS 703.025, 704.210)  Except as otherwise provided by a specific regulation:

     1.  All testimony to be considered by the Commission or presiding officer at a formal hearing must be sworn testimony, except for matters of which official notice is taken or matters entered by stipulation.

     2.  Before testifying at the hearing, each witness shall declare, under oath or affirmation, that the testimony the witness is to give at the hearing will be the truth, the whole truth and nothing but the truth.

     3.  At the hearing, each party may cross-examine an opposing witness in accordance with NRS 233B.123. After cross-examination of the witness, redirect examination of the witness is limited to matters raised during cross-examination. After redirect examination of the witness, recross-examination of the witness is limited to matters raised during redirect examination.

     4.  If the presiding officer determines that a witness lacks specific experience, expertise or direct knowledge to testify on the subject on which the witness is testifying, the presiding officer may strike the testimony of the witness and dismiss the witness from testifying in the proceeding.

     [Pub. Service Comm’n, Gen. Order 3 § 11.050, eff. 1-1-79]—(NAC A 1-6-84; A by Pub. Utilities Comm’n by R047-02, 10-24-2002; R010-05, 9-7-2005)

      NAC 703.690  Authority of presiding officer. (NRS 703.025, 704.210)

     1.  The presiding officer shall:

     (a) Call a hearing to order and take the appearances of the parties who are present.

     (b) Hold appropriate conferences before or during the hearing.

     (c) Receive and rule on the admissibility of evidence.

     (d) Rule on the admissibility of amendments to the pleadings.

     (e) Act upon any pending motions or petitions which do not involve a final determination of the proceeding.

     (f) Make proposed opinions, findings and conclusions of law.

     (g) Issue appropriate interim orders.

     (h) Recess the hearing as required.

     (i) Rule on all procedural matters.

     (j) Set reasonable limits of time for the presentation of oral testimony.

     2.  At the discretion of the presiding officer, the parties may make opening statements.

     [Pub. Service Comm’n, Gen. Order 3 § 11.040, eff. 1-1-79]—(NAC A 1-6-84)

      NAC 703.695  Order of proceedings; questions to clarify testimony and cross-examination of witnesses. (NRS 703.025, 704.210)

     1.  Applicants, petitioners or complainants may present their evidence first at a hearing. Then any parties of record opposing the application, petition or complaint may present their evidence. The presiding officer may designate the order in which each intervener or member of the Commission’s staff may be heard. Evidence must be received in the following order unless the presiding officer determines that a special circumstance requires a different order:

     (a) Upon an application or petition:

          (1) Applicant or petitioner;

          (2) Interveners;

          (3) Consumer’s Advocate;

          (4) Commission’s staff; and

          (5) Rebuttal by the applicant or petitioner.

     (b) Upon a complaint:

          (1) Complainant;

          (2) Respondent;

          (3) Interveners;

          (4) Consumer’s Advocate;

          (5) Commission’s staff; and

          (6) Rebuttal by complainant.

     (c) Upon a complaint by the Commission or an order to show cause:

          (1) Commission’s staff;

          (2) Respondent;

          (3) Interveners;

          (4) Consumer’s Advocate; and

          (5) Rebuttal by Commission’s staff.

     2.  Questions to clarify testimony provided by witnesses may be asked of witnesses at any time by the presiding officer, any Commissioner, or any administrative attorney, policy adviser or legal counsel for the Commission.

     3.  If there is more than one applicant, petitioner or complainant, the witnesses of all applicants, petitioners or complainants may present direct testimony on an issue before any of these witnesses may be cross-examined on that issue, unless otherwise ordered by the presiding officer.

     4.  If two or more matters are set for hearing at the same time and place, the matter having the lowest docket number will be heard first, unless the presiding officer directs a different order for the convenience of the parties.

     [Pub. Service Comm’n, Gen. Order 3 § 11.060, eff. 1-1-79]—(NAC A 1-6-84; A by Pub. Utilities Comm’n by R047-02, 10-24-2002; R010-05, 9-7-2005; R131-07, 6-17-2008)

      NAC 703.697  Hearing on proposed regulation. (NRS 703.025, 704.210)  At a hearing on a proposed regulation, the presiding officer may permit the questioning of those persons submitting statements in order to clarify testimony. The cross-examination of persons who testify is not permitted. The period for comment may be extended by the Commission so that written comments on statements of other persons which are offered at the hearing may be submitted to the Commission.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-84; A 1-21-87)

      NAC 703.700  Order requiring appearance of witness or compelling production of document. (NRS 703.025, 703.340, 703.350, 704.210)

     1.  A request by a party of record for an order for the appearance of a witness at any designated place of hearing or for the production of a book, paper or document must be made in the form of a written motion filed with the Commission or presiding officer.

     2.  A motion for an order to compel the production of a book, paper or document must set forth the reasons which support the issuance of the order and must identify, as clearly as possible, the book, paper or document desired.

     3.  If the motion is granted, the Commission will issue the order or the presiding officer shall issue the order on behalf of the Commission. Where appropriate, the issuance of the order may be conditioned upon an advancement by the moving party of the reasonable cost of the production of books, papers or documents.

     4.  The Commission will or the presiding officer shall, upon its or the presiding officer’s own initiative or upon a written request by the party to whom the order is directed, quash or modify the order if it is determined to be unreasonable or oppressive.

     5.  The Commission or presiding officer may, upon its or the presiding officer’s own initiative, issue an order requiring the attendance and testimony of witnesses and the production of a book, paper, document or other tangible thing.

     [Pub. Service Comm’n, Gen. Order 3 § 11.170, eff. 1-1-79]—(NAC A 1-6-84; A by Pub. Utilities Comm’n by R047-02, 10-24-2002)

      NAC 703.702  Admissibility of evidence: Relevancy. (NRS 703.025, 704.210)

     1.  All evidence offered in a proceeding, including, without limitation, the testimony of a witness, must be relevant.

     2.  For the purposes of this section, evidence is “relevant” only if the evidence:

     (a) Has any tendency to make the existence of any fact that is of consequence to the determination of the action more or less probable than it would be without the evidence; and

     (b) Is directly related to the subject matter of the proceeding.

     (Added to NAC by Pub. Utilities Comm’n by R047-02, eff. 10-24-2002; A by R010-05, 9-7-2005)

      NAC 703.705  Objections concerning admissibility of evidence. (NRS 703.025, 704.210)

     1.  An objection to the admissibility of evidence may be made by any party of record, and the objection must be ruled on by the presiding officer. When an objection is made to the admission or exclusion of evidence, the grounds relied upon must be stated briefly. The presiding officer shall provide an opportunity for a party of record to respond to an objection raised by any other party regarding the admissibility of evidence. The responses must be brief and state the specific grounds relied upon.

     2.  An offer of proof for the record must consist of a statement of the substance of the evidence to which an objection has been sustained.

     [Pub. Service Comm’n, Gen. Order 3 §§ 11.090, 11.160 & 11.260, eff. 1-1-79]—(NAC A 1-6-84)

      NAC 703.710  Prepared testimony. (NRS 703.025, 704.210)

     1.  At the direction of the presiding officer, or as provided for by regulation, a party to a proceeding shall submit a copy of prepared testimony and accompanying exhibits to be presented at any hearing to the Commission and to each party of record. If the presiding officer directs any party to submit prepared testimony and accompanying exhibits, the presiding officer shall direct every party of record desiring to present direct testimony at the hearing to submit prepared testimony and accompanying exhibits to the Commission and each party of record to the proceeding before the date of the hearing. Unless otherwise specified, testimony of an applicant, petitioner or complainant must be filed with the Commission and received by each party of record no later than 10 business days before the hearing. Testimony of all other parties must be filed with the Commission and received by each party of record no later than 3 business days before the hearing. Any rebuttal evidence must be submitted to the Commission and to each party of record at least 3 days before it is offered at the hearing unless the presiding officer allows a later submission.

     2.  An application filed for an adjustment in rates must be accompanied by the applicant’s prepared testimony at the time of filing. If the presiding officer so orders, additional copies of the applicant’s prepared testimony must be provided. If the certification required by NRS 704.110 is filed, any additional prepared testimony must accompany the certification.

     3.  After delivery of the prepared testimony to the Commission, amendments to it may be made upon approval of the Commission or presiding officer.

     4.  Unless otherwise directed by the presiding officer, prepared testimony must be supported by a signed affirmation by the witness and submitted to the Commission as an exhibit. If circumstances so require, prepared testimony may be read into the record by the witness upon direct examination. The admissibility of prepared testimony will be determined according to the provisions of this chapter governing oral testimony.

     [Pub. Service Comm’n, Gen. Order 3 § 11.110, eff. 1-1-79]—(NAC A 1-6-84; 12-19-89; A by Pub. Utilities Comm’n by R047-02, 10-24-2002)

      NAC 703.712  Motion to strike testimony of witness. (NRS 703.025, 704.210)

     1.  Any party of record may file a motion to strike the testimony of a witness. The party must:

     (a) File the motion to strike, in writing, with the Commission not later than 10 business days after the date on which the party is served with the prepared testimony of the witness pursuant to NAC 703.710 or not later than 3 business days before the date on which the witness testifies, whichever date occurs earlier, unless the presiding officer mandates a different time in a procedural order or at the prehearing conference; and

     (b) Serve the motion to strike on each party of record within the same period.

     2.  Any party of record may file a response to the motion to strike. The party must:

     (a) File the response with the Commission not later than 3 business days after the date on which the party is served with the motion to strike, unless the Commission’s procedural schedule for the proceeding provides a different time frame; and

     (b) Serve the response on each party of record within the same period.

     3.  The party making the motion to strike may file a reply to the response. The party must:

     (a) File the reply with the Commission not later than 2 business days after the date on which the party is served with the response; and

     (b) Serve the reply on each party of record within the same period.

     4.  If a party fails to file a motion to strike the testimony of a witness within the required time, the party shall be deemed to have waived any objection to the testimony of the witness, unless the party makes a showing of good cause.

     (Added to NAC by Pub. Utilities Comm’n by R047-02, eff. 10-24-2002)

      NAC 703.715  Documentary evidence. (NRS 703.025, 704.210)

     1.  An exhibit must meet the requirements for a nonsystem document as described in NAC 703.136. A copy of each documentary exhibit must be furnished to each party of record, and three copies must be furnished to the Commission. A copy must be submitted to the court reporter or transcriber. If relevant evidence is included in a written or printed statement, book or document of any kind, containing other matter not relevant and not intended to be put in evidence, the statement, book or document containing that other matter may not be received or admitted in whole. Counsel or other parties offering the evidence or exhibit shall present, in convenient and proper form for filing, a copy of the relevant portions, or at the discretion of the presiding officer, read these portions into the record. Any documentary evidence offered, whether in the form of an exhibit or introduced by reference, is subject to appropriate and timely objection.

     2.  If documents are numerous, such as freight bills or bills of lading, and a party desires to offer into evidence more than a limited number of these documents as typical of the others, an orderly abstract of relevant data contained in these documents may be prepared and offered as an exhibit. Other parties of record may examine both the abstract and the source document.

     3.  In a proceeding involving detailed accounting exhibits, the presiding officer shall require each party to file with him or her and to serve on each party of record a copy of these exhibits within a specified time before the hearing to enable the parties of record to study the exhibits and to prepare cross-examination with reference to them. An amendment to an exhibit may be made after the exhibit has been filed with the presiding officer if it does not prejudice the rights of any party or if it corrects a clerical or mathematical error.

     [Pub. Service Comm’n, Gen. Order 3 § 11.100, eff. 1-1-79]—(NAC A 1-6-84; A by Pub. Utilities Comm’n by R107-07, 12-4-2007)

      NAC 703.720  Resolutions offered into evidence. (NRS 703.025, 704.210)

     1.  A properly authenticated resolution of a federal or state agency or division, the governing body of a city, town, county, regional or other municipal corporation or of a chamber of commerce, board of trade, labor union, corporation, commercial, mercantile, agricultural or manufacturing society or other civic organization must be received into evidence if offered by the president, secretary or other proper representative of the corporation or organization.

     2.  The resolution will be received subject to rebuttal by adversely affected parties of record as to either the authenticity of the resolution or the circumstances surrounding its procurement. Recitals of fact contained in a resolution will only be received for the limited purpose of showing the expression of the official action of the resolving body on the matters under consideration in the proceeding.

     [Pub. Service Comm’n, Gen. Order 3 § 11.120, eff. 1-1-79]

      NAC 703.722  Rebuttal evidence. (NRS 703.025, 704.210)

     1.  If a party is entitled to rebuttal, the party may offer in its rebuttal only rebuttal evidence that directly explains, repels, counteracts or disproves facts offered in evidence by other parties of record who oppose the application, petition or complaint. The party may not offer any other evidence in its rebuttal.

     2.  Upon its own motion, or upon the written motion of the Commission’s staff or any other party of record, the Commission will or the presiding officer shall strike any evidence offered by a party in its rebuttal that does not comport with the requirements of this section.

     (Added to NAC by Pub. Utilities Comm’n by R047-02, eff. 10-24-2002)

      NAC 703.725  Additional evidence. (NRS 703.025, 704.210)

     1.  At the hearing, the presiding officer may order the presentation of further evidence on any issue. Upon agreement of the parties, the presiding officer shall authorize the filing of specific documentary evidence as a part of the record within a fixed time after submission of the evidence. The presiding officer shall reserve exhibit numbers for exhibits which are filed late.

     2.  After the hearing and before the entry of a final decision and order, the Commission or presiding officer may issue an order requesting the submission of additional exhibits. Such an order must:

     (a) Specifically delineate the subject matter to be addressed.

     (b) Specify the date by which the exhibits must be submitted.

     (c) Require service of the exhibits upon all parties of record.

Ê A party of record may respond to or comment upon such exhibits.

     [Pub. Service Comm’n, Gen. Order 3 § 11.130, eff. 1-1-79]—(NAC A 1-6-84)

      NAC 703.730  Receipt of evidence into record. (NRS 703.025, 704.210)  At the conclusion of the hearing, all evidence will be received into the record, subject to the ruling of the presiding officer on evidence to which timely objection has been made.

     [Pub. Service Comm’n, Gen. Order 3 § 11.150, eff. 1-1-79]

      NAC 703.735  Rulings by presiding officer. (NRS 703.025, 704.210)

     1.  All rulings made by the presiding officer regarding the admissibility of evidence are subject to review by the Commission. Any pending petition or motion that involves a final determination of the proceeding must be referred to the Commission for determination.

     2.  In extraordinary circumstances, when a prompt decision by the Commission is necessary to promote substantial justice, the presiding officer shall refer the matter to the Commission for determination and may recess the hearing pending its determination.

     [Pub. Service Comm’n, Gen. Order 3 § 11.140, eff. 1-1-79]—(NAC A 1-6-84)

      NAC 703.740  Consolidation. (NRS 703.025, 704.210)

     1.  The Commission may consolidate two or more dockets in any one hearing when it appears that the issues are substantially the same and that the rights of the parties will not be prejudiced by a consolidated hearing.

     2.  At a consolidated hearing the presiding officer will determine the order in which the parties introduce their evidence and the general procedure to be followed during the course of the consolidated proceeding.

     3.  The presiding officer will apportion the costs of the hearing among the parties in a manner not contrary to statute.

     4.  Unless the Commission orders otherwise, the Secretary will place the same date of issuance and the same effective date, if applicable, on all orders made by the Commission in relation to a consolidated hearing.

     [Pub. Service Comm’n, Gen. Order 3 § 11.070, eff. 1-1-79]

      NAC 703.745  Joint hearings with other agencies. (NRS 703.025, 704.210)

     1.  If the Commission participates jointly with a federal regulatory agency, the rules of procedure of the federal agency govern.

     2.  If the Commission participates jointly with an administrative body of another state, the rules of the state where the hearing is held govern the proceeding, unless otherwise agreed upon by the participating agencies.

     3.  If the Commission participates jointly with another administrative body of this State, the rules of the agency in which the proceedings were initiated govern the proceeding, unless otherwise agreed upon by the participating agencies.

     4.  Any person entitled to appear in a representative capacity for any of the agencies involved in a joint hearing may do so in the joint hearing.

     [Pub. Service Comm’n, Gen. Order 3 § 11.220, eff. 1-1-79]—(NAC A 1-6-84)

      NAC 703.750  Stipulations regarding facts in issue. (NRS 703.025, 704.210)

     1.  With the approval of the presiding officer, the parties may stipulate as to any fact in issue, either by written stipulation introduced in evidence as an exhibit or by an oral statement made upon the record. This stipulation is binding only upon the parties so stipulating and is not binding upon the Commission.

     2.  The stipulation may be considered by the Commission as evidence at the hearing. The Commission or presiding officer may require proof of the facts stipulated to by independent evidence, notwithstanding the stipulation of the parties. A stipulation without additional proof is not binding on the Commission in its determination of the matter.

     [Pub. Service Comm’n, Gen. Order 3 § 11.080, eff. 1-1-79]

      NAC 703.752  Interim order. (NRS 703.025, 704.210)

     1.  The Commission or the presiding officer may, in the course of a proceeding and before entering a decision or a recommended decision, issue an appropriate written interim order.

     2.  An interim order is not subject to exceptions or petitions for rehearing, reconsideration or reargument, but any party of record aggrieved by the interim order may file a written motion to set aside, stay or modify the order.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-84; A by Pub. Utilities Comm’n by R047-02, 10-24-2002)

      NAC 703.755  Official notice. (NRS 703.025, 704.210)  The Commission or presiding officer may take official notice of the following matters:

     1.  Rules, regulations, official reports, decisions and orders of the Commission and any other agency of the State.

     2.  Contents of decisions, orders, certificates and permits issued by the Commission.

     3.  Matters of common knowledge and technical or scientific facts of established character.

     4.  Official documents, if pertinent and properly introduced into the record of formal proceedings by reference. A proper and definite reference to a document must be made by the party offering the document, and the document must be generally circulated to each party of record.

     [Pub. Service Comm’n, Gen. Order 3 § 11.230, eff. 1-1-79]—(NAC A 1-6-84)

      NAC 703.760  Briefs. (NRS 703.025, 704.210)  In any hearing, the presiding officer may order briefs to be filed within a reasonable time. Each brief must be filed with the Commission and must be accompanied by an acknowledgment of or an affidavit showing service on each party of record.

     [Pub. Service Comm’n, Gen. Order 3 § 11.200, eff. 1-1-79]—(NAC A 1-6-84; A by Pub. Utilities Comm’n by R107-07, 12-4-2007)

      NAC 703.765  Oral arguments. (NRS 703.025, 704.210)  The Commission or presiding officer may, following the filing of briefs or upon contested motions, set the matter for oral argument upon 10 days’ notice to each party of record, unless the Commission or presiding officer considers a shorter time advisable.

     [Pub. Service Comm’n, Gen. Order 3 § 11.210, eff. 1-1-79]—(NAC A by Pub. Utilities Comm’n by R047-02, 10-24-2002)

      NAC 703.770  Submission of matter for decision by Commission. (NRS 703.025, 704.210)  Unless otherwise specifically ordered, a matter stands submitted for decision by the Commission at the close of the hearing.

     [Pub. Service Comm’n, Gen. Order 3 § 12.010, eff. 1-1-79]—(NAC A 1-6-84)

      NAC 703.775  Reopening proceedings to receive additional evidence. (NRS 703.025, 704.210)  At any time after the conclusion of a hearing and before the issuance of a final order, the Commission or the presiding officer, on its or the presiding officer’s own motion, may reopen the proceedings for the taking of additional evidence.

     [Pub. Service Comm’n, Gen. Order 3 § 11.280, eff. 1-1-79]—(NAC A 1-6-84)

      NAC 703.780  Proposed findings of fact and conclusions of law. (NRS 703.025, 704.210)

     1.  The presiding officer may require any party of record to file proposed findings of fact and conclusions of law at the close of the proceeding. The presiding officer will fix the period within which these proposed findings and conclusions must be filed. No decision, report or recommended order may be made until after the expiration of this period.

     2.  Each proposed finding of fact and conclusion of law must be clearly and concisely stated and numbered. Each proposed finding of fact must specifically show by appropriate references to the transcript, the testimony which supports the statement.

     3.  The proposed findings of fact and conclusions of law, accompanied by a certificate of service, must be filed by each party with the Commission, and one copy must be served upon each party of record.

     4.  Any party of record may petition the Commission for an extension of time in which to file proposed findings of fact and conclusions of law.

     [Pub. Service Comm’n, Gen. Order 3 § 11.270, eff. 1-1-79]—(NAC A 1-6-84; A by Pub. Utilities Comm’n by R107-07, 12-4-2007)

      NAC 703.785  Orders of Commission: Proposed orders. (NRS 703.025, 704.210)

     1.  If the Commission determines that any matter or proceeding would be best handled by the issuance of a proposed order, the Commission will issue such an order and the parties will be so notified.

     2.  Any party of record to the proceeding may file a petition requesting that a proposed order be issued by the Commission. The petition must be filed with the Commission and served upon all parties of record and must set forth the reasons for issuing such a proposed order and state that it will promote the administration of justice and will not cause unreasonable delay in the final determination of the proceeding. Objections to the petition may be served and filed by other parties of record within 5 days after service of the petition.

     3.  Upon receipt of a proposed order, any party of record may file exceptions to it within 10 days after the date of service unless a greater or lesser time is designated by the Commission at the time of issuance of the proposed order. An exception to the proposed order must be in writing and include:

     (a) A clear statement of the matter to which the exception is made;

     (b) The grounds which support the exception; and

     (c) A suggested correction of the matter which is excepted.

     4.  A copy of the exception must be served upon all parties of record by the party making the exception. The Commission will hold a hearing on the matter which is excepted if the public interest would be served by a hearing.

     5.  A party may answer an exception within 5 days after service of it upon the party. An answer to an exception must be filed with the Commission and served upon all parties of record.

     6.  After full consideration of the proposed order, the exceptions, answers and briefs, the Commission will affirm its proposed order by service of an order of affirmance upon the parties or if it deems the exceptions well taken, will revise the proposed order and issue a final order differing from the proposed order.

     7.  The proposed order is not a final or official order of the Commission subject to appeal unless it becomes an official order of the Commission by affirmance, in which event the date of the order of affirmance becomes the date of the issuance of the order.

     8.  A certified order of the Commission will be served by the Secretary by mailing a copy of the order to the parties of record or by personal service on them. If a party desires additional copies of the order, the Commission must be notified of the number of copies desired.

     [Pub. Service Comm’n, Gen. Order 3 §§ 12.020 & 12.030, eff. 1-1-79]—(NAC A 1-6-84; A by Pub. Utilities Comm’n by R010-05, 9-7-2005)

      NAC 703.790  Orders of Commission: Date of issuance; effective date. (NRS 703.025, 704.210)

     1.  The date of the issuance of an order is the day the Secretary signs and verifies the order and affixes the seal of the Commission on the order. The Secretary will mail or deliver copies of the order to the parties of record no later than one day following the date of issuance. The date of issuance of an order may or may not be the day of decision by the Commission. The Secretary will clearly indicate on each order the date of its issuance.

     2.  Unless otherwise specifically provided in the order, an order of the Commission is effective as of the date of its issuance.

     [Pub. Service Comm’n, Gen. Order 3 §§ 14.020 & 14.030, eff. 1-1-79]

      NAC 703.796  Orders of Commission: Compliance items. (NRS 703.025, 704.210)  Unless otherwise specifically stated in an order issued by the Commission, all compliance items set forth in an order issued by the Commission must be filed in the same docket and the Commission will not hold any further proceedings for that docket.

     (Added to NAC by Pub. Utilities Comm’n by R010-05, eff. 9-7-2005)

      NAC 703.801  Petition for reconsideration or rehearing. (NRS 703.025, 704.210)

     1.  A petition for reconsideration must specifically:

     (a) Identify each portion of the challenged order which the petitioner deems to be unlawful, unreasonable or based on erroneous conclusions of law or mistaken facts; and

     (b) Cite those portions of the record, the law or the rules of the Commission which support the allegations in the petition. The petition may not contain additional evidentiary matter or require the submission or taking of evidence.

     2.  A petition for rehearing must:

     (a) Allege that an order is in error because of an incomplete or inaccurate record.

     (b) Specifically set forth the nature and purpose of any additional evidence to be introduced.

     (c) Show that such evidence is not merely cumulative and could not have been introduced at the hearing.

     3.  A petition for reconsideration or rehearing of an order must be filed with the Commission and served upon all parties of record within 10 business days after the effective date of the order.

     4.  An answer to a petition for reconsideration or rehearing may be filed with the Commission by any party of record in the proceeding within 10 business days after the filing of the petition. The answer must be confined to the issues contained in the petition. The answer must be served upon all parties of record. Proof of service must be attached to the answer.

     5.  The Commission will grant or deny a petition for reconsideration or rehearing within 40 days after the date of its filing. If no action is taken by the Commission within this time, the petition shall be deemed denied.

     6.  Unless otherwise ordered by the Commission, the filing of a petition for reconsideration or rehearing or the granting of such a petition does not excuse compliance with, or suspend the effectiveness of, the challenged order.

     7.  If the Commission grants a petition for reconsideration, it will reexamine the record and order with regard to the issues on which reconsideration was granted and issue a modified final order or reaffirm its original order.

     8.  If the Commission grants a petition for rehearing, it will, within 20 days thereafter, conduct a hearing to allow the parties to present additional evidence and will issue a modified final order or reaffirm its original order.

     9.  A modified final order of the Commission issued upon reconsideration or rehearing will incorporate those portions of the original order which are not changed or modified by the modified final order. A modified final order is the final decision of the Commission.

     (Added to NAC by Pub. Service Comm’n, eff. 1-6-84; A by Pub. Utilities Comm’n by R010-05, 9-7-2005)

      NAC 703.820  Copies of transcripts. (NRS 703.025, 704.210)  Any party may obtain a copy of the transcript of a hearing before the Commission from the official reporter upon payment of the fees fixed therefor. The original of each transcript must be provided to the Commission by the initiating party within 15 business days after the close of the hearing unless otherwise ordered by the presiding officer.

     [Pub. Service Comm’n, Gen. Order 3 § 11.250, eff. 1-1-79]—(NAC A 1-6-84; 12-2-91; A by Pub. Utilities Comm’n by R107-07, 12-4-2007)

Declaratory Orders and Advisory Opinions

      NAC 703.825  Petition; hearings. (NRS 703.025, 704.210)

     1.  Any interested person may petition the Commission for a declaratory order or an advisory opinion as to the applicability of any statutory provision or any regulation or decision of the Commission.

     2.  Hearings will be held by the Commission, if needed, to obtain information necessary or useful in formulating a declaratory order or advisory opinion.

     [Pub. Service Comm’n, Gen. Order 3 § 7.100, eff. 1-1-79]—(NAC A 1-6-84)

Settlements

      NAC 703.845  Stipulations for settlement of issues. (NRS 703.025, 704.210)  In any proceeding before the Commission, the parties to the proceeding may enter into a stipulation for the settlement of some or all outstanding issues in the proceeding. The stipulation:

     1.  Must settle only issues relating to the instant proceeding; and

     2.  Must not seek relief that the Commission is not otherwise empowered to grant.

     (Added to NAC by Pub. Utilities Comm’n by R047-02, eff. 10-24-2002)

MISCELLANEOUS PROVISIONS

      NAC 703.910  Gas operators: Accident reporting requirements. (NRS 703.025, 703.154, 704.190, 704.210)

     1.  A gas operator shall comply with the accident reporting requirements set forth in NAC 704.228 to 704.250, inclusive, in the same manner as required for a gas utility.

     2.  As used in this section, “gas operator” means an entity that operates or maintains storage facilities and intrastate pipelines in this State which are used to store and transport natural gas, liquefied petroleum gas, in its liquid or vapor form, or any mixture thereof.

     (Added to NAC by Pub. Utilities Comm’n by R084-10, eff. 12-16-2010)