Senate Bill No. 4–Senator  Rhoads

 

Prefiled January 24, 2003

____________

 

Referred to  Committee on Commerce and Labor

 

SUMMARY—Eliminates universal energy charge funding low-income energy assistance and conservation programs. (BDR 58‑40)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to energy; eliminating the universal energy charge to fund low-income energy assistance and conservation; eliminating the provisions requiring certain retail customers to pay the universal energy charge; eliminating requirements upon certain public utilities and municipal utilities relating to the universal energy charge; eliminating the Fund for Energy Assistance and Conservation; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 703.130 is hereby amended to read as follows:

1-2  703.130  1.  The Commission shall appoint a Deputy

1-3  Commissioner who shall serve in the unclassified service of the

1-4  State.

1-5  2.  The Commission shall appoint a Secretary who shall

1-6  perform such administrative and other duties as are prescribed by

1-7  the Commission. The Commission shall also appoint an Assistant

1-8  Secretary.

1-9  3.  The Commission may employ such other clerks, experts or

1-10  engineers as may be necessary.

1-11      4.  Except as otherwise provided in subsection 5, the

1-12  Commission:

2-1  (a) May appoint one or more hearing officers for a period

2-2  specified by the Commission to conduct proceedings or hearings

2-3  that may be conducted by the Commission pursuant to [NRS

2-4  702.160 and 702.170 and] chapters 704, 704A, 704B, 705, 708 and

2-5  711 of NRS.

2-6  (b) Shall prescribe by regulation the procedure for appealing a

2-7  decision of a hearing officer to the Commission.

2-8  5.  The Commission shall not appoint a hearing officer to

2-9  conduct proceedings or hearings:

2-10      (a) In any matter pending before the Commission pursuant to

2-11  NRS 704.7561 to 704.7595, inclusive; or

2-12      (b) In any matter pending before the Commission pursuant to

2-13  NRS 704.061 to 704.110, inclusive, in which an electric utility has

2-14  filed a general rate application or an application to clear its deferred

2-15  accounts.

2-16      6.  As used in this section, “electric utility” has the meaning

2-17  ascribed to it in NRS 704.187.

2-18      Sec. 2. NRS 703.147 is hereby amended to read as follows:

2-19      703.147  1.  The Public Utilities Commission Regulatory Fund

2-20  is hereby created as a special revenue fund. Except as otherwise

2-21  provided in NRS [702.170 and] 704.7828, all money collected by

2-22  the Commission pursuant to law must be deposited in the State

2-23  Treasury for credit to the Fund. Money collected for the use of the

2-24  Consumer’s Advocate of the Bureau of Consumer Protection in the

2-25  Office of the Attorney General must be transferred pursuant to the

2-26  provisions of subsection 8 of NRS 704.035.

2-27      2.  Money in the Fund which belongs to the Commission may

2-28  be used only to defray the costs of:

2-29      (a) Maintaining staff and equipment to regulate adequately

2-30  public utilities and other persons subject to the jurisdiction of the

2-31  Commission.

2-32      (b) Participating in all rate cases involving those persons.

2-33      (c) Audits, inspections, investigations, publication of notices,

2-34  reports and retaining consultants connected with that regulation and

2-35  participation.

2-36      (d) The salaries, travel expenses and subsistence allowances of

2-37  the members of the Commission.

2-38      3.  All claims against the Fund must be paid as other claims

2-39  against the State are paid.

2-40      4.  The Commission [must] shall furnish upon request a

2-41  statement showing the balance remaining in the Fund as of the close

2-42  of the preceding fiscal year.

2-43      Sec. 3.  NRS 703.164 is hereby amended to read as follows:

2-44      703.164  1.  The Commission may employ, or retain on a

2-45  contract basis, legal counsel who shall:

3-1  (a) Except as otherwise provided in subsection 2, [be] act as

3-2  counsel and attorney for the Commission in all actions, proceedings

3-3  and hearings.

3-4  (b) Prosecute in the name of the Commission all civil actions for

3-5  the enforcement of [NRS 702.160 and 702.170 and] chapters 704,

3-6  704A, 704B, 705 and 708 of NRS and for the recovery of any

3-7  penalty or forfeiture provided for therein.

3-8  (c) Generally aid the Commission in the performance of its

3-9  duties and the enforcement of [NRS 702.160 and 702.170 and]

3-10  chapters 704, 704A, 704B, 705 and 708 of NRS.

3-11      2.  Each district attorney shall:

3-12      (a) Prosecute any violation of chapter 704, 704A, 705, 708 or

3-13  711 of NRS for which a criminal penalty is provided and which

3-14  occurs in his county.

3-15      (b) Aid in any investigation, prosecution, hearing or trial held

3-16  under the provisions of chapter 704, 704A, 705, 708 or 711 of NRS

3-17  and, at the request of the Commission or its legal counsel, act as

3-18  counsel and attorney for the Commission.

3-19      3.  The Attorney General shall, if the district attorney fails or

3-20  refuses to do so, prosecute all violations of the laws of this state by

3-21  public utilities under the jurisdiction of the Commission and their

3-22  officers, agents and employees.

3-23      4.  The Attorney General is not precluded from appearing in or

3-24  moving to intervene in any action and representing the interest of

3-25  the State of Nevada in any action in which the Commission is a

3-26  party and is represented by independent counsel.

3-27      Sec. 4.  NRS 703.197 is hereby amended to read as follows:

3-28      703.197  1.  The Commissionmay collect fees for the filing of

3-29  any official document required by this chapter and chapters 704,

3-30  704A, 704B, 705 and 708 of NRS or by a regulation of the

3-31  Commission.

3-32      2.  Filing fees may not exceed:

3-33      (a) For applications, $200.

3-34      (b) For petitions seeking affirmative relief, $200.

3-35      (c) For each tariff page which requires public notice and is not

3-36  attached to an application, $10. If more than one page is filed at one

3-37  time, the total fee may not exceed the cost of notice and publication.

3-38      (d) For all other documents which require public notice, $10.

3-39      3.  If an application or other document is rejected by the

3-40  Commission because it is inadequate or inappropriate, the filing fee

3-41  must be returned.

3-42      4.  The Commission may not charge any fee for filing[:

3-43      (a) A complaint.

3-44      (b) A request for a refund pursuant to NRS 702.160.] a

3-45  complaint.

4-1  Sec. 5.  NRS 702.010, 702.020, 702.030, 702.040, 702.050,

4-2  702.060, 702.070, 702.080, 702.090, 702.100, 702.110, 702.150,

4-3  702.160, 702.170, 702.250, 702.260, 702.270 and 702.280 are

4-4  hereby repealed.

4-5  Sec. 6.  Notwithstanding the amendatory provisions of this act,

4-6  the provisions of NRS 702.010 to 702.280, inclusive, 703.130,

4-7  703.147, 703.164 and 703.197 continue in force and effect for the

4-8  purposes of:

4-9  1.  Paying and enforcing the payment of all money required to

4-10  be paid pursuant to NRS 702.160 before July 1, 2003, until all such

4-11  money has been paid; and

4-12      2.  Distributing all money in the Fund for Energy Assistance

4-13  and Conservation until all such money has been distributed.

4-14      Sec. 7.  This act becomes effective on July 1, 2003.

 

4-15  LEADLINES OF REPEALED SECTIONS

 

4-16      702.010  Definitions.

4-17      702.020  “Calendar quarter” defined.

4-18      702.030  “Commission” defined.

4-19      702.040  “Fund” defined.

4-20      702.050  “Housing Division” defined.

4-21      702.060  “Municipal utility” defined.

4-22      702.070  “Person” defined.

4-23      702.080  “Public utility” defined.

4-24      702.090  “Retail customer” defined.

4-25      702.100  “Universal energy charge” defined.

4-26      702.110  “Welfare Division” defined.

4-27      702.150  Applicability; exemptions for certain retail

4-28   customers; limitations on receipt of assistance by certain retail

4-29   customers.

4-30      702.160  Amount of charge; duty to pay; exemptions for

4-31   certain activities; collection; duties of public utilities and

4-32   municipal utilities; duties of certain retail customers; cap;

4-33   refunds.

4-34      702.170  Powers and duties of Commission; regulations and

4-35   enforcement; reports; audits and investigations; administrative

4-36   charge; deposit of money; civil action for recovery of money.

4-37      702.250  Fund for Energy Assistance and Conservation:

4-38   Creation; administration of Fund by Welfare Division;

4-39   distribution of money in Fund.

5-1  702.260  Programs to assist eligible households in paying for

5-2  natural gas and electricity; powers and duties of Welfare

5-3   Division; administrative expenses; criteria for eligibility;

5-4   emergency assistance; regulations.

5-5  702.270  Programs of energy conservation, weatherization

5-6   and energy efficiency for eligible households; powers and duties

5-7   of Housing Division; administrative expenses; criteria for

5-8   eligibility; emergency assistance; regulations.

5-9  702.280  Coordination and evaluation of programs; duties

5-10   of Welfare Division and Housing Division; submission of report

5-11   to Governor, Legislative Commission and Interim Finance

5-12   Committee.

 

5-13  H