NAC: CHAPTER 702 - ENERGY ASSISTANCE

[Rev. 6/15/2016 4:34:04 PM]

[NAC-702 Revised Date: 6-16]

CHAPTER 702 - ENERGY ASSISTANCE

GENERAL PROVISIONS

702.010 Definitions.

702.020 “Calendar quarter” defined.

702.030 “Commission” defined.

702.035 “Division of Welfare and Supportive Services” defined.

702.040 “Fund” defined.

702.050 “Housing Division” defined.

702.070 “Person” defined.

702.090 “Retail customer” defined.

702.100 “Universal energy charge” defined.

UNIVERSAL ENERGY CHARGE

General Provisions

702.150 Definitions.

702.155 “Alternative seller” defined.

702.160 “Approved eligible customer” defined.

702.165 “Eligible customer” defined.

702.180 “Municipal utility” defined.

702.186 “Provider of discretionary natural gas service” defined.

702.188 “Provider of new electric resources” defined.

702.190 “Public utility” defined.

702.200 “Regulatory Operations Staff” defined.

702.230 “UEC collector” defined.

702.250 “Any therm of natural gas used as a source of energy to generate electricity” interpreted.

702.260 “Any kilowatt-hour of electricity used in industries utilizing electrolytic-manufacturing processes” interpreted.

702.270 “Multiple retail customers under common ownership and control” interpreted.

Payment, Collection and Enforcement

702.300 Certain entities and persons not required to pay universal energy charge.

702.310 Mill rate for calculating universal energy charge.

702.320 Universal energy charge based on metered quantity; bill is primary evidence of metered quantity and date on which meter was read.

702.330 UEC collector and provider of new electric resources required to use phrase “Universal Energy Charge” on bill; exceptions.

702.340 UEC collector and approved eligible customer required to submit UEC report and remit money to Commission.

702.350 UEC collector required to pay universal energy charge on certain consumption; exceptions; UEC collector required to submit retail customer report and remit money to Commission.

702.360 Certain retail customers required to submit retail customer report and remit money to Commission.

702.370 Prepayment of maximum universal energy charge for calendar quarter.

702.380 Request for refund.

702.390 Request for exemption.

702.400 Procedure when person submits deficient remittance or document; consequences for failure to cure deficiency.

702.410 Requirements for remitting money to Commission.

702.420 Methods for submitting remittance or document to Commission; determination of date of receipt by Commission.

702.430 Forms.

702.440 Delegation of authority and duties to Staff; petition for review or reconsideration of decision, action or inaction of Staff.

702.450 Audits and investigations.

PROGRAMS OF WEATHERIZATION ASSISTANCE

General Provisions

702.600 Intent.

702.610 Definitions.

702.620 “Advisory Committee on Housing” defined.

702.630 “Annual state plan” defined.

702.640 “Community action agency” defined.

702.650 “Community services block grant program” defined.

702.670 “Dwelling unit” defined.

702.680 “Elderly person” defined.

702.690 “Eligible household” defined.

702.700 “Energy audit” defined.

702.710 “Federal poverty level” defined.

702.720 “Fiscal year” defined.

702.730 “Grant” defined.

702.740 “Household” defined.

702.750 “Member of an eligible household” and “member” defined.

702.760 “Multifamily dwelling unit” defined.

702.770 “Person” defined.

702.775 “Person with a disability” defined.

702.780 “Single-family dwelling unit” defined.

702.790 “Subgrantee” defined.

702.800 “Weatherization assistance” defined.

Administration of Grants and Programs

702.820 General duties of Housing Division.

702.830 Award of grants; selection of subgrantees; limitations concerning administrative expenses and amount of money awarded.

702.840 Energy audits; prioritization of weatherization measures.

702.850 Monitoring of programs; review of expenditures and accounting practices; on-site inspections of dwelling units.

702.860 Reports.

702.870 Procedure to apply for weatherization assistance; criteria for eligibility; priority for certain eligible households; limitations; retention of records.

GENERAL PROVISIONS

NAC 702.010 Definitions. (NRS 702.170) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 702.020 to 702.100, inclusive, have the meanings ascribed to them in those sections.

(Added to NAC by Pub. Utilities Comm’n by R124-01, eff. 12-17-2001)

NAC 702.020 “Calendar quarter” defined. (NRS 702.170) “Calendar quarter” has the meaning ascribed to it in NRS 702.020.

(Added to NAC by Pub. Utilities Comm’n by R124-01, eff. 12-17-2001)

NAC 702.030 “Commission” defined. (NRS 702.170) “Commission” means the Public Utilities Commission of Nevada.

(Added to NAC by Pub. Utilities Comm’n by R124-01, eff. 12-17-2001)

NAC 702.035 “Division of Welfare and Supportive Services” defined. (NRS 702.170) “Division of Welfare and Supportive Services” means the Division of Welfare and Supportive Services of the Department of Health and Human Services.

(Added to NAC by Pub. Utilities Comm’n by R124-01, eff. 12-17-2001) — (Substituted in revision for NAC 702.110)

NAC 702.040 “Fund” defined. (NRS 702.170) “Fund” has the meaning ascribed to it in NRS 702.040.

(Added to NAC by Pub. Utilities Comm’n by R124-01, eff. 12-17-2001)

NAC 702.050 “Housing Division” defined. (NRS 702.170) “Housing Division” means the Housing Division of the Department of Business and Industry.

(Added to NAC by Pub. Utilities Comm’n by R124-01, eff. 12-17-2001)

NAC 702.070 “Person” defined. (NRS 702.170) “Person” has the meaning ascribed to it in NRS 702.070.

(Added to NAC by Pub. Utilities Comm’n by R124-01, eff. 12-17-2001)

NAC 702.090 “Retail customer” defined. (NRS 702.170) “Retail customer” has the meaning ascribed to it in NRS 702.090.

(Added to NAC by Pub. Utilities Comm’n by R124-01, eff. 12-17-2001)

NAC 702.100 “Universal energy charge” defined. (NRS 702.170) “Universal energy charge” has the meaning ascribed to it in NRS 702.100.

(Added to NAC by Pub. Utilities Comm’n by R124-01, eff. 12-17-2001)

UNIVERSAL ENERGY CHARGE

General Provisions

NAC 702.150 Definitions. (NRS 702.170, 703.025, 704.210, 704B.200) As used in NAC 702.150 to 702.450, inclusive, unless the context otherwise requires, the words and terms defined in NAC 702.155 to 702.230, inclusive, have the meanings ascribed to them in those sections.

(Added to NAC by Pub. Utilities Comm’n by R124-01, eff. 12-17-2001; A by R210-03, 5-21-2004)

NAC 702.155 “Alternative seller” defined. (NRS 702.170, 703.025, 704.210) “Alternative seller” has the meaning ascribed to it in NRS 704.994.

(Added to NAC by Pub. Utilities Comm’n by R210-03, eff. 5-21-2004)

NAC 702.160 “Approved eligible customer” defined. (NRS 702.170, 703.025, 704B.200) “Approved eligible customer” means an eligible customer which has received approval from the Commission pursuant to chapter 704B of NRS to purchase energy, capacity or ancillary services from a provider of new electric resources.

(Added to NAC by Pub. Utilities Comm’n by R210-03, eff. 5-21-2004)

NAC 702.165 “Eligible customer” defined. (NRS 702.170, 703.025, 704B.200) “Eligible customer” has the meaning ascribed to it in NRS 704B.080.

(Added to NAC by Pub. Utilities Comm’n by R210-03, eff. 5-21-2004)

NAC 702.180 “Municipal utility” defined. (NRS 702.170, 703.025) “Municipal utility” means a municipal utility that is required to collect the universal energy charge from retail customers pursuant to NRS 702.160.

(Added to NAC by Pub. Utilities Comm’n by R124-01, eff. 12-17-2001)

NAC 702.186 “Provider of discretionary natural gas service” defined. (NRS 702.170, 703.025, 704.210) “Provider of discretionary natural gas service” means a provider of discretionary natural gas service required to collect fees, taxes or assessments from its customers pursuant to NRS 704.9901.

(Added to NAC by Pub. Utilities Comm’n by R210-03, eff. 5-21-2004)

NAC 702.188 “Provider of new electric resources” defined. (NRS 702.170, 703.025, 704B.200) “Provider of new electric resources” has the meaning ascribed to it in NRS 704B.130.

(Added to NAC by Pub. Utilities Comm’n by R210-03, eff. 5-21-2004)

NAC 702.190 “Public utility” defined. (NRS 702.170, 703.025) “Public utility” means a public utility that is required to collect the universal energy charge from retail customers pursuant to NRS 702.160.

(Added to NAC by Pub. Utilities Comm’n by R124-01, eff. 12-17-2001)

NAC 702.200 “Regulatory Operations Staff” defined. (NRS 702.170, 703.025) “Regulatory Operations Staff” means the Regulatory Operations Staff of the Commission.

(Added to NAC by Pub. Utilities Comm’n by R124-01, eff. 12-17-2001)

NAC 702.230 “UEC collector” defined. (NRS 702.170, 703.025, 704.210) “UEC collector” means:

1. A public utility;

2. A municipal utility;

3. An alternative seller; or

4. A provider of discretionary natural gas service.

(Added to NAC by Pub. Utilities Comm’n by R210-03, eff. 5-21-2004)

NAC 702.250 “Any therm of natural gas used as a source of energy to generate electricity” interpreted. (NRS 702.170, 703.025)

1. For the purposes of NRS 702.160 and NAC 702.150 to 702.450, inclusive, “any therm of natural gas used as a source of energy to generate electricity” means any therm of natural gas that is:

(a) Delivered to an electric generating plant or unit; and

(b) Consumed to generate electricity at that plant or unit by being used as a source of energy for:

(1) An engine, turbine or other device which drives an electric generator; or

(2) A boiler, heat recovery steam generator or other device whose thermal output is used to generate electricity.

Ê The term does not include any therm of natural gas which is delivered to an electric generating plant or unit and which is consumed exclusively as a source of energy to support an activity other than the generation of electricity occurring at or adjacent to that plant or unit, including, without limitation, production of steam or thermal energy which is used exclusively in heating, cooling or industrial processes that do not generate electricity.

2. If a person both consumes therms of natural gas as a source of energy to generate electricity and consumes other therms of natural gas exclusively as a source of energy to support an activity other than the generation of electricity, the person shall apply to the Commission for approval to use a methodology to allocate the therms of natural gas consumed by the person between:

(a) Those therms of natural gas consumed as a source of energy to generate electricity; and

(b) Those therms of natural gas consumed exclusively as a source of energy to support an activity other than the generation of electricity.

(Added to NAC by Pub. Utilities Comm’n by R124-01, eff. 12-17-2001)

NAC 702.260 “Any kilowatt-hour of electricity used in industries utilizing electrolytic-manufacturing processes” interpreted. (NRS 702.170, 703.025)

1. For the purposes of NRS 702.160 and NAC 702.150 to 702.450, inclusive, “any kilowatt-hour of electricity used in industries utilizing electrolytic-manufacturing processes” means any kilowatt-hour of electricity that is:

(a) Delivered to a manufacturing facility at which one or more electrolytic processes are used; and

(b) Actually consumed directly in the operation of the electrolytic processes at that manufacturing facility.

2. As used in this section:

(a) “Electrolytic process” means a process in which electricity is passed through an ionized solution or molten metallic salt to complete an electric circuit between two electrodes.

(b) “Manufacturing facility” means a factory or other physical location in which tangible personal property is created, produced or processed for the purpose of physically incorporating the tangible personal property into a product to be sold, including, without limitation, any operation which results in the creation or production of tangible personal property or which is a step in a process or series of operations resulting in the creation or production of tangible personal property. The term does not include any factory or other physical location in which the activities constitute merely the repair or reconditioning of tangible personal property to refit it for the use for which it was originally produced.

(Added to NAC by Pub. Utilities Comm’n by R124-01, eff. 12-17-2001)

NAC 702.270 “Multiple retail customers under common ownership and control” interpreted. (NRS 702.170, 703.025)

1. For the purposes of NRS 702.160 and NAC 702.150 to 702.450, inclusive, “multiple retail customers under common ownership and control” means a combination of two or more retail customers in which a single person possesses:

(a) Directly or indirectly, a legal ownership interest of at least 5 percent in each of the retail customers; and

(b) Control over each of the retail customers.

2. As used in this section, “control” means the possession, direct or indirect, of the power and authority to direct the management and major policies of a retail customer, whether through ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services or otherwise, unless the power and authority is the result of an official position with or corporate office held by the retail customer. Mere management of or administrative authority over routine operations does not, without more, constitute control.

(Added to NAC by Pub. Utilities Comm’n by R124-01, eff. 12-17-2001)

Payment, Collection and Enforcement

NAC 702.300 Certain entities and persons not required to pay universal energy charge. (NRS 702.170, 703.025)

1. The United States or an agency or instrumentality of the United States is not required to pay the universal energy charge.

2. An Indian tribe, Indian band or group of Indians that is recognized by the United States as possessing a government-to-government relationship with the United States is not required to pay the universal energy charge.

3. An enrolled member of an Indian tribe, Indian band or group of Indians that is recognized by the United States as possessing a government-to-government relationship with the United States is not required to pay the universal energy charge on any therm of natural gas or kilowatt-hour of electricity that is delivered to and consumed on the reserved lands of that Indian tribe, Indian band or group of Indians.

(Added to NAC by Pub. Utilities Comm’n by R124-01, eff. 12-17-2001)

NAC 702.310 Mill rate for calculating universal energy charge. (NRS 702.170, 703.025)

1. In calculating the universal energy charge on each therm of natural gas, 3.30 mills equals $0.0033.

2. In calculating the universal energy charge on each kilowatt-hour of electricity, 0.39 mills equals $0.00039.

(Added to NAC by Pub. Utilities Comm’n by R124-01, eff. 12-17-2001)

NAC 702.320 Universal energy charge based on metered quantity; bill is primary evidence of metered quantity and date on which meter was read. (NRS 702.170, 703.025, 704.210, 704B.200)

1. The amount of the universal energy charge due from a retail customer must be based on the quantity of natural gas and the quantity of electricity as measured by a meter read on a date within the calendar quarter.

2. The bill from a UEC collector or a provider of new electric resources is the primary evidence of the metered quantity of natural gas, the metered quantity of electricity and the date on which the meter was read.

(Added to NAC by Pub. Utilities Comm’n by R124-01, eff. 12-17-2001; A by R210-03, 5-21-2004)

NAC 702.330 UEC collector and provider of new electric resources required to use phrase “Universal Energy Charge” on bill; exceptions. (NRS 702.170, 703.025, 704.210, 704B.200)

1. Except as otherwise provided in subsection 2:

(a) A UEC collector shall use the phrase “Universal Energy Charge” to set forth the universal energy charge as a separate item or entry on the bill of each retail customer as required by NRS 702.160, 704.9901 or 704.9985, as appropriate.

(b) A provider of new electric resources shall use the phrase “Universal Energy Charge” to set forth the universal energy charge as a separate item or entry on the bill of each approved eligible customer as required by NRS 704B.360.

2. If it is not reasonably possible for a UEC collector or provider of new electric resources to use the phrase “Universal Energy Charge” to set forth the universal energy charge as a separate item or entry on the bill of each retail customer or approved eligible customer, the UEC collector or provider of new electric resources may apply to the Commission for approval to use an alternative phrase.

(Added to NAC by Pub. Utilities Comm’n by R124-01, eff. 12-17-2001; A by R210-03, 5-21-2004)

NAC 702.340 UEC collector and approved eligible customer required to submit UEC report and remit money to Commission. (NRS 702.170, 703.025, 704.210, 704B.200) Not later than 30 calendar days after the end of each calendar quarter, each UEC collector and approved eligible customer shall:

1. Complete a UEC report on the appropriate form obtained from the Commission;

2. Submit the completed UEC report to the Commission; and

3. Remit with the completed UEC report the amount due from retail customers or the approved eligible customer, as appropriate, for the universal energy charge for that calendar quarter.

(Added to NAC by Pub. Utilities Comm’n by R124-01, eff. 12-17-2001; A by R210-03, 5-21-2004)

NAC 702.350 UEC collector required to pay universal energy charge on certain consumption; exceptions; UEC collector required to submit retail customer report and remit money to Commission. (NRS 702.170, 703.025, 704.210)

1. Except as otherwise provided in subsection 2, a UEC collector is required to pay the universal energy charge on any therm of natural gas or any kilowatt-hour of electricity that the UEC collector consumes in conducting its utility business.

2. A UEC collector is not required to pay the universal energy charge on:

(a) Any kilowatt-hour of electricity consumed by the UEC collector at an electric generating plant or unit.

(b) Any therm of natural gas consumed by the UEC collector at an electric generating plant or unit.

(c) Any therm of natural gas consumed by the UEC collector to directly support the delivery of natural gas to retail customers, including, without limitation, any therm of natural gas consumed by the UEC collector for pressure regulation.

3. Except as otherwise provided in NAC 702.370, not later than 30 calendar days after the end of each calendar quarter, a UEC collector that is required to pay the universal energy charge pursuant to this section shall:

(a) Complete a retail customer report on the appropriate form obtained from the Commission;

(b) Submit the completed retail customer report to the Commission; and

(c) Remit with the completed retail customer report the amount due from the UEC collector for the universal energy charge for that calendar quarter.

(Added to NAC by Pub. Utilities Comm’n by R124-01, eff. 12-17-2001; A by R210-03, 5-21-2004)

NAC 702.360 Certain retail customers required to submit retail customer report and remit money to Commission. (NRS 702.170, 703.025, 704.210) Except as otherwise provided in NAC 702.370, not later than 30 calendar days after the end of each calendar quarter, each retail customer which does not use the distribution services of a UEC collector to acquire natural gas or electricity that is subject to the universal energy charge shall:

1. Complete a retail customer report on the appropriate form obtained from the Commission;

2. Submit the completed retail customer report to the Commission; and

3. Remit with the completed retail customer report the amount due from the retail customer for the universal energy charge for that calendar quarter.

(Added to NAC by Pub. Utilities Comm’n by R124-01, eff. 12-17-2001; A by R210-03, 5-21-2004)

NAC 702.370 Prepayment of maximum universal energy charge for calendar quarter. (NRS 702.170, 703.025, 704.210)

1. A single retail customer or multiple retail customers under common ownership and control may prepay in the amount of $25,000 the maximum universal energy charge for any calendar quarter. To prepay the maximum universal energy charge for any calendar quarter, not later than 15 calendar days before the first day of the calendar quarter, the single retail customer or multiple retail customers under common ownership and control must:

(a) Complete a prepayment report on the appropriate form obtained from the Commission;

(b) Submit the completed prepayment report to the Commission; and

2. If a single retail customer or multiple retail customers under common ownership and control prepay the maximum universal energy charge for the calendar quarter in accordance with this section:

(a) The Commission will provide notice to each affected UEC collector and direct that the UEC collector not collect the universal energy charge from the single retail customer or multiple retail customers under common ownership and control for that calendar quarter; and

(b) The single retail customer or multiple retail customers under common ownership and control:

(1) Are excused from further liability for the universal energy charge for that calendar quarter; and

(2) Are not entitled to a refund of any portion of the prepaid $25,000 on the basis that the actual consumption of natural gas and electricity by the single retail customer or multiple retail customers under common ownership and control did not result in liability for the maximum universal energy charge for that calendar quarter.

3. If a single retail customer or multiple retail customers under common ownership and control have prepaid the maximum universal energy charge for the current calendar quarter but do not timely prepay the maximum universal energy charge for the next calendar quarter, the Commission will provide notice to each affected UEC collector and direct that the UEC collector collect the universal energy charge from the retail customer or multiple retail customers under common ownership and control beginning with the calendar quarter for which the maximum universal energy charge was not timely prepaid.

(Added to NAC by Pub. Utilities Comm’n by R124-01, eff. 12-17-2001; A by R210-03, 5-21-2004)

NAC 702.380 Request for refund. (NRS 702.170, 703.025, 704.210)

1. Except as otherwise provided in NAC 702.370, a single retail customer or multiple retail customers under common ownership and control that have paid the universal energy charge may:

(a) Request a refund of any amount paid for the universal energy charge which exceeds $25,000 for a calendar quarter;

(b) Request a refund of any amount paid for the universal energy charge on:

(1) Any therm of natural gas used as a source of energy to generate electricity; or

(2) Any kilowatt-hour of electricity used in industries utilizing electrolytic-manufacturing processes; or

2. To request a refund pursuant to this section, not later than 90 calendar days after the end of the calendar quarter for which the refund is requested, the single retail customer or multiple retail customers under common ownership and control must:

(a) Complete a request for refund on the appropriate form obtained from the Commission; and

(b) Submit the completed request for refund to the Commission and include with the completed request for refund all the following:

(1) A statement setting forth the amount of the refund requested based upon quantities of natural gas and electricity billed during the calendar quarter.

(2) A statement setting forth all grounds upon which the request for refund is based.

(3) All evidence relied upon to support the request for refund, including copies of bills, documents and affidavits, evidence of full payment of bills and any other information or documentation requested by the Commission.

(4) A signed release authorizing the Commission or its Regulatory Operations Staff to request and receive a payment history for the affected accounts for the relevant calendar quarter or calendar quarters from any UEC collector.

(5) A statement, signed under penalty of perjury, that:

(I) The request for refund is made in good faith;

(II) The person submitting the request for refund is authorized to make the request for refund on behalf of the single retail customer or multiple retail customers under common ownership and control; and

(III) The request for refund does not duplicate or seek a refund on the same ground as or of the same payment as any previously submitted request for refund, unless the request for refund is expressly identified as an amendment of or otherwise relates directly to a previously submitted request for refund.

3. If a request for refund is submitted properly, the Commission will:

(a) Review and make a determination on the request for refund;

(b) Certify the amount of the refund, if any; and

(1) The person submitting the request for refund on behalf of the single retail customer or multiple retail customers under common ownership and control; and

(2) The Division of Welfare and Supportive Services to process payment of the refund, if any.

4. All refunds certified by the Commission must be paid from the Fund without interest.

(Added to NAC by Pub. Utilities Comm’n by R124-01, eff. 12-17-2001; A by R210-03, 5-21-2004)

NAC 702.390 Request for exemption. (NRS 702.170, 703.025, 704.210)

1. A single retail customer or multiple retail customers under common ownership and control which claim that they are exempted from paying the universal energy charge may make a request for exemption.

2. To make a request for exemption, the single retail customer or multiple retail customers under common ownership and control must:

(a) Complete a request for exemption on the appropriate form obtained from the Commission; and

(b) Submit the completed request for exemption to the Commission and include with the completed request for exemption sufficient evidence, legal support and information to support the request for exemption.

3. The single retail customer or multiple retail customers under common ownership and control have the burden of proving that they are entitled to the exemption under Nevada law.

4. If a request for exemption is submitted properly, the Commission will:

(a) Review and make a determination on the request for exemption as soon as practicable;

(b) Certify the exemption, if any; and

(c) Except as otherwise provided in this paragraph, at least 7 calendar days before the first day of the next calendar quarter, provide a written copy of its determination and any certification to:

(1) The person submitting the request for exemption on behalf of the single retail customer or multiple retail customers under common ownership and control; and

(2) Any UEC collector affected by the exemption, if certified.

Ê If the Commission is unable to make a determination on the request for exemption or provide a written copy of its determination and any certification on the request for exemption at least 7 calendar days before the first day of the next calendar quarter, the Commission will take those actions at least 7 calendar days before the first day of the calendar quarter immediately following the next calendar quarter.

5. If the Commission certifies an exemption pursuant to this section, each affected UEC collector shall apply the exemption only to billings issued during calendar quarters following the calendar quarter in which the exemption is certified. The single retail customer or multiple retail customers under common ownership and control may request a refund pursuant to NAC 702.380 of any amounts billed by a UEC collector during the calendar quarter in which the exemption is certified.

6. If the Commission certifies an exemption, in whole or in part, for any therms of natural gas used as a source of energy to generate electricity or any kilowatt-hours of electricity used in industries utilizing electrolytic-manufacturing processes, each retail customer receiving the certified exemption is required to pay the universal energy charge on any therms of natural gas or kilowatt-hours of electricity consumed by the retail customer which are not subject to the certified exemption and which are not otherwise exempt from the universal energy charge for any other lawful reason.

7. If the nature or scope of the operation or business of any retail customer receiving a certified exemption changes in any material manner which may affect the nature or scope of the certified exemption, not later than 15 calendar days after the changes occur, the retail customer shall submit to the Commission a written report identifying the nature and scope of the changes. After receiving the written report, the Commission will determine whether to reconsider the nature and scope of the certified exemption.

(Added to NAC by Pub. Utilities Comm’n by R124-01, eff. 12-17-2001; A by R210-03, 5-21-2004)

NAC 702.400 Procedure when person submits deficient remittance or document; consequences for failure to cure deficiency. (NRS 702.170, 703.025)

1. If a person submits to the Commission a remittance, report, request for refund or request for exemption that is materially incomplete, erroneous, internally inconsistent or otherwise inadequate, the Commission will:

(a) Hold the remittance or document without processing; and

(b) Provide notice of the deficiency to the person submitting the remittance or document and inform the person that the deficiency must be cured not later than 14 calendar days after the date on which the Commission issues the notice or on or before the due date for the remittance or document, whichever is later.

2. If the person cures the deficiency within 14 calendar days after the date on which the Commission issues the notice or on or before the due date for the remittance or document, whichever is later:

(a) The remittance or document shall be deemed to have been submitted properly to the Commission as of its original date of submission; and

(b) The Commission will process the remittance or document.

3. If the person does not cure the deficiency within 14 calendar days after the date on which the Commission issues the notice or on or before the due date for the remittance or document, whichever is later:

(a) The remittance or document shall be deemed to have been submitted improperly and untimely to the Commission;

(b) The Commission will not process the remittance or document and, if appropriate, will return the remittance or document to the person; and

(c) The Commission may initiate against the person any enforcement or collection action pursuant to law that the Commission deems appropriate.

(Added to NAC by Pub. Utilities Comm’n by R124-01, eff. 12-17-2001)

NAC 702.410 Requirements for remitting money to Commission. (NRS 702.170, 703.025) Any money remitted to the Commission pursuant to NRS 702.160 and 702.170 and NAC 702.150 to 702.450, inclusive, must be remitted to the Commission by a money order, bank draft or check that is made payable to the Commission.

(Added to NAC by Pub. Utilities Comm’n by R124-01, eff. 12-17-2001)

NAC 702.420 Methods for submitting remittance or document to Commission; determination of date of receipt by Commission. (NRS 702.170, 703.025)

1. A person may submit a remittance, report, request for refund or request for exemption to the Commission:

(a) By personal delivery to an office of the Commission;

(b) By use of the United States mail;

(d) If approved by the Commission in advance, by use of an electronic transfer or other electronic means.

2. Any remittance or document submitted to the Commission by use of the United States mail shall be deemed to have been received by the Commission on:

(a) The date shown on the post office cancellation mark stamped on the envelope containing the remittance or document or, if the remittance or document is submitted by certified or registered mail, the date shown on the post office receipt acknowledging the use of certified or registered mail, whichever date is earlier; or

(b) If the information described in paragraph (a) is not available, the date the remittance or document was mailed, if the person submitting the remittance or document presents proof satisfactory to the Commission which establishes that the remittance or document was deposited timely in the United States mail, postage prepaid, and was properly addressed to the Commission.

3. Any remittance or document submitted to the Commission by use of a messenger or delivery service shall be deemed to have been received by the Commission on the date the remittance or document was tendered to the messenger or delivery service.

(Added to NAC by Pub. Utilities Comm’n by R124-01, eff. 12-17-2001)

NAC 702.430 Forms. (NRS 702.170, 703.025, 704.210, 704B.200)

1. A copy of any form that is required to be used pursuant to NAC 702.150 to 702.450, inclusive, may be:

(a) Obtained at the Internet website of the Commission;

(b) Obtained at an office of the Commission; or

(c) Obtained from the Commission by a written request sent to the principal office of the Commission in Carson City, Nevada, by United States mail or other messenger or delivery service.

2. The available forms include:

(a) UEC report;

(b) Retail customer report;

(d) Request for refund; and

(e) Request for exemption.

(Added to NAC by Pub. Utilities Comm’n by R124-01, eff. 12-17-2001; A by R210-03, 5-21-2004; R011-15, 10-27-2015)

NAC 702.440 Delegation of authority and duties to Staff; petition for review or reconsideration of decision, action or inaction of Staff. (NRS 702.170, 703.025)

1. The Commission delegates to the Regulatory Operations Staff the authority and duty to do all things necessary and proper to carry out and administer the provisions of NRS 702.160 and 702.170 and NAC 702.150 to 702.450, inclusive, including, without limitation, the authority and duty to:

(a) Receive, accept and process any remittance, report, request for refund or request for exemption submitted to the Commission; and

(b) Investigate, make a determination on and certify, as appropriate, any request for refund or request for exemption submitted to the Commission.

2. A person may seek review or reconsideration of any decision, action or inaction of the Regulatory Operations Staff by filing a petition with the Commission.

(Added to NAC by Pub. Utilities Comm’n by R124-01, eff. 12-17-2001)

NAC 702.450 Audits and investigations. (NRS 702.170, 703.025)

1. On its own initiative or at the direction of the Commission, the Regulatory Operations Staff may conduct an audit or investigation of any public utility, municipal utility or retail customer that is required to collect or remit money for the universal energy charge.

2. After completing an audit or investigation, the Regulatory Operations Staff shall report its findings to the Commission and recommend any enforcement or collection action.

(Added to NAC by Pub. Utilities Comm’n by R124-01, eff. 12-17-2001)

PROGRAMS OF WEATHERIZATION ASSISTANCE

General Provisions

NAC 702.600 Intent. (NRS 702.270) In adopting NAC 702.600 to 702.870, inclusive, it is the intent of the Housing Division to:

1. Carry out the provisions of NRS 702.270 and 702.280;

2. Provide programs of weatherization assistance for eligible households to increase the energy efficiency of dwelling units owned or occupied by eligible households, to reduce the total amount of money that eligible households spend on energy consumption and to improve the health and safety of the members of eligible households; and

3. Ensure that programs of weatherization assistance are made available to eligible households in all areas of this State.

(Added to NAC by Housing Div. by R208-01, eff. 4-5-2002)

NAC 702.610 Definitions. (NRS 702.270) As used in NAC 702.600 to 702.870, inclusive, unless the context otherwise requires, the words and terms defined in NAC 702.620 to 702.800, inclusive, have the meanings ascribed to them in those sections.

(Added to NAC by Housing Div. by R208-01, eff. 4-5-2002)

NAC 702.620 “Advisory Committee on Housing” defined. (NRS 702.270) “Advisory Committee on Housing” means the Advisory Committee on Housing created by NRS 319.173.

(Added to NAC by Housing Div. by R208-01, eff. 4-5-2002)

NAC 702.630 “Annual state plan” defined. (NRS 702.270) “Annual state plan” means the annual plan that the Housing Division and the Division of Welfare and Supportive Services jointly develop pursuant to NRS 702.280 concerning the Fund and the programs and activities relating to the Fund.

(Added to NAC by Housing Div. by R208-01, eff. 4-5-2002)

NAC 702.640 “Community action agency” defined. (NRS 702.270) “Community action agency” means an entity described in 42 U.S.C. § 9924 that is eligible to receive money pursuant to the community services block grant program.

(Added to NAC by Housing Div. by R208-01, eff. 4-5-2002)

NAC 702.650 “Community services block grant program” defined. (NRS 702.270) “Community services block grant program” means the community services block grant program administered by the Secretary of the United States Department of Health and Human Services pursuant to 42 U.S.C. §§ 9901 et seq.

(Added to NAC by Housing Div. by R208-01, eff. 4-5-2002)

NAC 702.670 “Dwelling unit” defined. (NRS 702.270) “Dwelling unit” means any of the following dwelling units, whether or not the dwelling unit is owned, rented or subsidized:

1. A single-family dwelling unit, including, without limitation, a house or a stationary mobile home.

2. A multifamily dwelling unit, including, without limitation, a townhouse or an apartment.

3. A single room or a group of rooms occupied as separate living quarters.

(Added to NAC by Housing Div. by R208-01, eff. 4-5-2002)

NAC 702.680 “Elderly person” defined. (NRS 702.270) “Elderly person” means a person who is 60 years of age or older.

(Added to NAC by Housing Div. by R208-01, eff. 4-5-2002)

NAC 702.690 “Eligible household” defined. (NRS 702.270) “Eligible household” means a household which meets the criteria to receive weatherization assistance that is set forth in NAC 702.870.

(Added to NAC by Housing Div. by R208-01, eff. 4-5-2002)

NAC 702.700 “Energy audit” defined. (NRS 702.270) “Energy audit” means the process used to determine which weatherization measures are the most cost-effective in reducing the energy consumption of a household.

(Added to NAC by Housing Div. by R208-01, eff. 4-5-2002)

NAC 702.710 “Federal poverty level” defined. (NRS 702.270) “Federal poverty level” means the federally designated level signifying poverty that is determined in accordance with criteria established by the Director of the Office of Management and Budget of the Executive Office of the President of the United States.

(Added to NAC by Housing Div. by R208-01, eff. 4-5-2002)

NAC 702.720 “Fiscal year” defined. (NRS 702.270) “Fiscal year” means the fiscal year for State Government which begins on July 1 of each calendar year and ends on June 30 of the following calendar year.

(Added to NAC by Housing Div. by R208-01, eff. 4-5-2002)

NAC 702.730 “Grant” defined. (NRS 702.270) “Grant” means money in the Fund which is distributed to the Housing Division pursuant to NRS 702.270 and which is awarded by the Housing Division to a subgrantee to provide weatherization assistance to eligible households.

(Added to NAC by Housing Div. by R208-01, eff. 4-5-2002)

NAC 702.740 “Household” defined. (NRS 702.270) “Household” means one or more persons, whether or not related, who reside in the same dwelling unit and who share a primary heating system or a primary cooling system.

(Added to NAC by Housing Div. by R208-01, eff. 4-5-2002)

NAC 702.750 “Member of an eligible household” and “member” defined. (NRS 702.270) “Member of an eligible household” or “member” means a person who resides in an eligible household.

(Added to NAC by Housing Div. by R208-01, eff. 4-5-2002)

NAC 702.760 “Multifamily dwelling unit” defined. (NRS 702.270) “Multifamily dwelling unit” means a dwelling unit that has one or more walls attached to one or more other dwelling units.

(Added to NAC by Housing Div. by R208-01, eff. 4-5-2002)

NAC 702.770 “Person” defined. (NRS 702.270) “Person” means a natural person.

(Added to NAC by Housing Div. by R208-01, eff. 4-5-2002)

NAC 702.775 “Person with a disability” defined. (NRS 702.270)

1. “Person with a disability” means a person who claims a physical or mental impairment that:

(a) Is severe enough to substantially limit gainful activity which is enjoyed by other persons of comparable age and opportunity; or

(b) Requires treatment or services which are lifelong or extended in duration and which are individually planned for the person.

2. A person does not have to be certified as a person with a disability by a disability program or agency or entitled to receive compensation from a disability program or agency to be considered a person with a disability for the purposes of this section.

(Added to NAC by Housing Div. by R208-01, eff. 4-5-2002) — (Substituted in revision for NAC 702.660)

NAC 702.780 “Single-family dwelling unit” defined. (NRS 702.270) “Single-family dwelling unit” means a dwelling unit that is not attached at any point to another dwelling unit.

(Added to NAC by Housing Div. by R208-01, eff. 4-5-2002)

NAC 702.790 “Subgrantee” defined. (NRS 702.270) “Subgrantee” means an entity that has been awarded a grant by the Housing Division to provide weatherization assistance to eligible households pursuant to the provisions of NAC 702.600 to 702.870, inclusive.

(Added to NAC by Housing Div. by R208-01, eff. 4-5-2002)

NAC 702.800 “Weatherization assistance” defined. (NRS 702.270) “Weatherization assistance” means assistance provided to an eligible household through a program of energy conservation, weatherization or energy efficiency that is approved by the Housing Division pursuant to the provisions of NAC 702.600 to 702.870, inclusive.

(Added to NAC by Housing Div. by R208-01, eff. 4-5-2002)

Administration of Grants and Programs

NAC 702.820 General duties of Housing Division. (NRS 702.270) The Housing Division will:

1. As required by NRS 702.280, coordinate with the Division of Welfare and Supportive Services to:

(a) Develop the annual state plan;

(b) Conduct the annual evaluation of the programs of weatherization assistance approved by the Housing Division; and

(c) Prepare the annual report that must be submitted to the Governor, the Legislative Commission and the Interim Finance Committee.

2. At regularly scheduled meetings of the Advisory Committee on Housing, make reports concerning programs of weatherization assistance approved by the Housing Division.

3. Coordinate its activities relating to consumer outreach with and support the consumer outreach activities of the Division of Welfare and Supportive Services, subgrantees, public utilities, municipal utilities and other public or private entities.

4. To the extent possible, supplement money in the Fund that is distributed to the Housing Division pursuant to NRS 702.270 with money from other public and private sources, including, without limitation, money from:

(a) The United States Department of Energy, the United States Department of Housing and Urban Development and other federal agencies.

(b) The community services block grant program.

(d) Housing preservation grants.

(e) Housing programs of local governments.

(f) Contributions by landlords and other private persons or entities.

5. To the extent possible, supplement money in the Fund that is distributed to the Housing Division pursuant to NRS 702.270 with in-kind contributions of labor or materials from apprenticeship and training schools or programs and from other persons or entities.

(Added to NAC by Housing Div. by R208-01, eff. 4-5-2002)

NAC 702.830 Award of grants; selection of subgrantees; limitations concerning administrative expenses and amount of money awarded. (NRS 702.270)

1. The Housing Division will award grants to entities that are selected by the Housing Division to be subgrantees.

2. To be eligible to be selected as a subgrantee, an entity must be:

(a) A community action agency; or

(b) Another type of public or private nonprofit entity, including, without limitation, an agency or instrumentality of this State or of a political subdivision of this State.

3. The Housing Division will select an entity to be a subgrantee only if the entity:

(a) Files with the Housing Division an application to be a subgrantee;

(b) Is approved by the Housing Division to provide weatherization assistance; and

(c) Agrees to provide such weatherization assistance to eligible households within the county or other regional area designated by the Housing Division.

4. In selecting entities to be subgrantees, the Housing Division will:

(a) Make such selections based on public comment for the annual state plan; and

(b) Give preference to entities that have administered or are administering an effective program of weatherization assistance pursuant to the provisions of NAC 702.600 to 702.870, inclusive, or pursuant to some other public or private program that provides weatherization assistance to low-income households. In determining whether an entity has administered or is administering an effective program of weatherization assistance for the purposes of this paragraph, the Housing Division will consider, without limitation:

(1) The extent to which the entity achieved or is achieving its weatherization goals in a timely manner in administering its program of weatherization assistance;

(2) The quality of the work performed by the entity; and

(3) The total number of staff members of the entity and the qualifications and experience of those staff members.

5. If an entity is selected to be a subgrantee, the entity may use not more than 10 percent of the money from its grant for its administrative expenses.

6. For each county or other regional area designated by the Housing Division, the amount of money awarded to subgrantees for weatherization assistance will be proportional to the amount of money which is collected for the universal energy charge from retail customers located within that county or other regional area and which is made available for weatherization assistance pursuant to NRS 702.270 and NAC 702.600 to 702.870, inclusive.

(Added to NAC by Housing Div. by R208-01, eff. 4-5-2002)

NAC 702.840 Energy audits; prioritization of weatherization measures. (NRS 702.270) The Housing Division will use a computer program for energy audits to:

1. Ensure the cost-effectiveness of the weatherization measures that a subgrantee is providing to eligible households; and

2. Develop a list which prioritizes the weatherization measures that a subgrantee may provide to eligible households. The list will be based on the following factors:

(a) The climate of the region.

(b) The type of dwelling unit.

(d) The type of energy source used by the heating system or cooling system and the cost of the energy source.

(e) The cost of the weatherization measure.

(Added to NAC by Housing Div. by R208-01, eff. 4-5-2002)

NAC 702.850 Monitoring of programs; review of expenditures and accounting practices; on-site inspections of dwelling units. (NRS 702.270)

1. The Housing Division will monitor each program of weatherization assistance administered by a subgrantee to ensure that the subgrantee is complying with the regulations, policies and procedures governing its grant.

2. Such monitoring will include, without limitation:

(a) A review of the expenditures made by the subgrantee during each fiscal year and an evaluation of whether the subgrantee is complying with generally accepted accounting principles; and

(b) On-site inspections of at least 10 percent of the dwelling units that the subgrantee has weatherized during each fiscal year and an evaluation of whether the subgrantee is complying with the weatherization and installation standards, policies and procedures of the Housing Division.

(Added to NAC by Housing Div. by R208-01, eff. 4-5-2002)

NAC 702.860 Reports. (NRS 702.270)

1. During each fiscal year, the Housing Division will prepare and maintain the following reports concerning weatherization assistance:

(a) Monthly reports on the financial expenditures of the Housing Division.

(b) Monthly reports on each program of weatherization assistance administered by a subgrantee, including, without limitation, the financial status and the productivity of the program.

(d) Annual reports on program evaluation prepared in conjunction with the Division of Welfare and Supportive Services and the Commission.

2. Each subgrantee shall provide the Housing Division with all information that is necessary for the Housing Division to carry out the provisions of this section.

3. For the purposes of the monthly reports on each program of weatherization assistance administered by a subgrantee, each subgrantee shall provide the Housing Division with all information that is necessary to prepare each monthly report, and each subgrantee shall submit the information to the Housing Division:

(a) On a report form authorized by the Housing Division; and

(b) Not later than 30 days after the end of the month that is the subject of the report.

(Added to NAC by Housing Div. by R208-01, eff. 4-5-2002)

NAC 702.870 Procedure to apply for weatherization assistance; criteria for eligibility; priority for certain eligible households; limitations; retention of records. (NRS 702.270)

1. A household may apply to receive weatherization assistance from a subgrantee that has been approved by the Housing Division to provide weatherization assistance within the county or other regional area where the dwelling unit of the household is located. The name, address and telephone number of such a subgrantee may be obtained from an office of the Housing Division or at the Internet website of the Housing Division.

2. Except as otherwise provided in this section, to be eligible to receive weatherization assistance from a subgrantee, a household must:

(a) File with the appropriate subgrantee an application for weatherization assistance and an eligibility determination worksheet;

(b) Provide a copy of a bill from a public utility or a municipal utility indicating that the household paid the universal energy charge for the dwelling unit for the month in which the household is applying for weatherization assistance; and

(c) Have a total household income which, in relation to the number of persons who reside in the household, is at or below 150 percent of the federal poverty level.

3. A subgrantee shall provide weatherization assistance to eligible households based on the availability of money and the priority given to each eligible household using the information provided in the eligibility determination worksheet. The subgrantee shall give priority to the following eligible households in the following order of priority:

(a) Eligible households requiring emergency assistance because:

(1) The primary heating system of the household is inoperable or unsafe during the winter heating season; or

(2) The primary cooling system of the household is inoperable or unsafe during the summer cooling season.

(b) Eligible households that have one or more members who are:

(1) Elderly persons;

(2) Persons with a disability; or

(3) Children less than 6 years of age.

4. Whether or not a household satisfies the other criteria set forth in this section, a household is not eligible to receive weatherization assistance if:

(a) The household purchases natural gas or electricity from an entity described in subsection 1 of NRS 702.150;

(b) Within the 5 years immediately preceding the application, the dwelling unit has been improved, in whole or in part, through a program of weatherization assistance administered pursuant to the provisions of NAC 702.600 to 702.870, inclusive, or pursuant to some other public or private program that provides weatherization assistance to low-income households; or

(1) Vacant;

(2) On the market for sale or in the process of being acquired or sold; or

(3) In the process of being foreclosed, sold or having its title transferred for the failure of a person to pay under the terms of a mortgage, a deed of trust, a land installment contract or any other contract, lien or judgment.

5. Except as otherwise provided by law, each subgrantee shall maintain for a period of at least 6 years:

(a) Each application for weatherization assistance filed by a household;

(b) Each eligibility determination worksheet filed by a household; and

(Added to NAC by Housing Div. by R208-01, eff. 4-5-2002)