Assembly Bill No. 145–Committee on
Commerce and Labor

 

CHAPTER..........

 

AN ACT relating to utilities; revising the procedure for the distribution of assessments collected on behalf of the Consumer’s Advocate of the Bureau of Consumer Protection in the Office of the Attorney General; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1. NRS 704.035 is hereby amended to read as follows:

    704.035  1.  On or before June 1 of each year, the Commission

shall mail revenue report forms to all public utilities, providers of

discretionary natural gas service and alternative sellers under its

jurisdiction, to the address of those utilities, providers of

discretionary natural gas service and alternative sellers on file with

the Commission. The revenue report form serves as notice of the

Commission’s intent to assess such entities, but failure to notify any

such entity does not invalidate the assessment with respect thereto.

    2.  Each public utility, provider of discretionary natural gas

service and alternative seller subject to the provisions of NRS

704.033 shall complete the revenue report referred to in subsection

1, compute the assessment and return the completed revenue report

to the Commission accompanied by payment of the assessment and

any penalty due, pursuant to the provisions of subsection 5.

    3.  The assessment is due on July 1 of each year, but may, at the

option of the public utility, provider of discretionary natural gas

service and alternative seller, be paid quarterly on July 1, October 1,

January 1 and April 1.

    4.  The assessment computed by the public utility, provider of

discretionary natural gas service or alternative seller is subject to

review and audit by the Commission, and the amount of the

assessment may be adjusted by the Commission as a result of the

audit and review.

    5.  Any public utility, provider of discretionary natural gas

service or alternative seller failing to pay the assessment provided

for in NRS 704.033 on or before August 1, or if paying quarterly, on

or before August 1, October 1, January 1 or April 1, shall pay, in

addition to such assessment, a penalty of 1 percent of the total

unpaid balance for each month or portion thereof that the

assessment is delinquent, or $10, whichever is greater, but no

penalty may exceed $1,000 for each delinquent payment.

    6.  When a public utility, provider of discretionary natural gas

service or alternative seller sells, transfers or conveys substantially

all of its assets or, if applicable, its certificate of public convenience

and necessity, the Commission shall determine, levy and collect the

accrued assessment for the current year not later than 30 days after

the sale, transfer or conveyance, unless the transferee has assumed

liability for the assessment. For purposes of this subsection, the

jurisdiction of the Commission over the selling, transferring or

conveying public utility, provider of discretionary natural gas

service or alternative seller continues until it has paid the

assessment.

    7.  The Commission may bring an appropriate action in its own

name for the collection of any assessment and penalty which is not

paid as provided in this section.

    8.  The Commission shall, [on a quarterly basis,] upon

collection, transfer to the Account for the Consumer’s Advocate that

portion of the assessments collected which belongs to the

Consumer’s Advocate.

    Sec. 2.  This act becomes effective on July 1, 2003.

 

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