CHAPTER 704 - REGULATION OF PUBLIC UTILITIES GENERALLY

NAC 704.6532 Contributions to corporate capital. (NRS 703.025, 704.210) 1. The Commission hereby adopts by reference section 118 of the Internal Revenue Code, 26 U.S.C. § 118, as amended. 2. All contributions made pursuant to section 118 of the Internal Revenue Code will be incre…

NAC 704.6534 Normalization of timing differences. (NRS 703.025, 704.210) 1. This section applies only to those timing differences which are mandated to be normalized by the Internal Revenue Code. 2. Excess income tax reserves must be calculated for each vintage of assets appearin…

NAC 704.6536 Net operating loss carrybacks and carryovers. (NRS 703.025, 704.210) 1. To the extent losses from the operation of a business are the result of differences unrelated to timing, the effects of carrybacks or carryovers pursuant to section 172 of the Internal Revenue Co…

NAC 704.6538 Capitalization and inclusion in inventory costs of certain expenses. (NRS 703.025, 704.210) The Commission hereby adopts by reference section 263A, “Capitalization and Inclusion in Inventory Costs of Certain Expenses,” of the Internal Revenue Code, 26 U.S.C. § 263A, …

NAC 704.6542 Alternative minimum tax. (NRS 703.025, 704.210) 1. The Commission hereby adopts by reference sections 53, “Credit for Prior Year Minimum Tax Liability,” and 55, “Alternative Minimum Tax Imposed,” of the Internal Revenue Code, 26 U.S.C. §§ 53 and 55, as amended. 2. Fo…

NAC 704.6544 Environmental tax. (NRS 703.025, 704.210) 1. The Commission hereby adopts by reference section 59A of the Internal Revenue Code, 26 U.S.C. § 59A, as amended, which establishes a fund for the environmental tax to clean up hazardous substances through 1995. 2. For the …

NAC 704.6546 Use of separate-entity method by utility members of consolidated group. (NRS 703.025, 704.210) 1. In computing federal income taxes, utility members of a consolidated group must use a separate-entity method, rather than a consolidated-company approach which includes …

NAC 704.655 Applicability. (NRS 703.025, 704.210) The provisions of NAC 704.655 to 704.665, inclusive, apply only to Sierra Pacific Power Company and Nevada Power Company. [Pub. Service Comm’n, Gen. Order 33 § 1.2, eff. 9-17-82]

NAC 704.660 Consideration of marginal cost of service in determining class revenue requirements. (NRS 703.025, 704.210) The Commission may consider a utility’s marginal (incremental) cost of service to each class of customer in determining the revenue required from that class. [P…

NAC 704.662 Rate design may be based on marginal cost of service. (NRS 703.025, 704.210) 1. The rates charged by the utility for supplying or delivering electricity to customers of a particular class may reflect the marginal (incremental) cost of serving that class, including any…

NAC 704.665 Special rate for interruptible service. (NRS 703.025, 704.210) Each utility shall each offer a special rate, based on the marginal (incremental) cost of service, for interruptible service when the benefits to the utility in the long run are likely to exceed its costs …

NAC 704.6671 Definitions. (NRS 703.025, 704.210) As used in NAC 704.6671 to 704.6679, inclusive, unless the context otherwise requires: 1. “Conservation” means the reduction or elimination of the misallocation of energy which occurs when consumption is less than or greater than t…

NAC 704.6673 Applicability. (NRS 703.025, 704.210) The provisions of NAC 704.6671 to 704.6679, inclusive, apply: 1. To utilities engaged in the intrastate sale of natural gas in Nevada. 2. Only in a general proceeding to fix rates unless the Commission, on its own motion or upon …

NAC 704.6675 Considerations for determination of rates for classes of customers. (NRS 703.025, 704.210) In determining a utility’s requirements to obtain revenue from each class of customers being supplied with natural gas and in designing the rates for that service, the Commissi…

NAC 704.6677 Rates to be designed to conserve energy. (NRS 703.025, 704.210) The Commission will not: 1. Allocate a utility’s requirements to obtain revenue from each class of customers; or 2. Design rates, Ê in a manner which will hinder the conservation or efficient use of ener…

NAC 704.6679 Filing requirements for proceeding to establish or change rates. (NRS 703.025, 704.210) In a proceeding to establish or change its rates, a utility shall file: 1. A study of the cost of service; 2. Illustrative rates for all classes of customers based on the study of…

NAC 704.673 Establishment of rate. (NRS 703.025, 704.210, 704.225) To establish the rate for interruptible service: 1. The Regulatory Operations Staff of the Commission shall, on or before August 1 of each year, submit to each public utility, municipal utility and cooperative ass…

NAC 704.675 Schedule; annual charges. (NRS 703.025, 704.210, 704.225) 1. For the period from November 1 to the last day in February, inclusive: (a) The schedule containing the rate for interruptible service pursuant to NRS 704.225 must provide for charges which are the same as th…

NAC 704.680 Recovery of deficiency. (NRS 703.025, 704.210, 704.225) If a utility anticipates that a deficiency in revenue will result from its provision of the rate for interruptible service pursuant to NRS 704.225, it shall recover the deficiency and do so in the manner directed…

NAC 704.6802 Designation of companies as providers of last resort. (NRS 703.025, 704.210) 1. The following companies or their successors are designated as providers of last resort and shall provide basic network service and business line service to all current and future subscrib…

NAC 704.68026 Certain exemptions for provider of commercial mobile radio services. (NRS 703.025, 704.210) A provider of commercial mobile radio services is exempt from the provisions of this chapter, except that the provisions of NAC 704.6804 to 704.68056, inclusive, and 704.786,…

NAC 704.68028 Confirmation of certain orders for change of telecommunication service. (NRS 703.025, 704.210) A telecommunication provider shall not submit to another provider of basic service or other provider of local exchange service an order to change telecommunication service…

NAC 704.6803 “Nonrural incumbent local exchange carrier” defined. (NRS 703.025, 704.210, 704.6881) As used in NAC 704.6803 to 704.680315, inclusive, unless the context otherwise requires, “nonrural incumbent local exchange carrier” means an incumbent local exchange carrier that d…

NAC 704.680301 Applicability; purpose. (NRS 703.025, 704.210, 704.6881) The provisions of NAC 704.6803 to 704.680315, inclusive: 1. Apply to interconnection, unbundled network elements and resold services of nonrural incumbent local exchange carriers; and 2. Are to be used to: (a…

NAC 704.680302 Authority of certain providers to file petition for exemption from requirements relating to performance standards and penalties. (NRS 703.025, 704.210, 704.6881) 1. Any telecommunication provider required to file a plan pursuant to NAC 704.680303 prior to January 1…

NAC 704.680303 Plans for reporting and auditing performance measures and establishing performance incentives: Request for approval; hearing; issuance of order; period of validity; request for modification. (NRS 703.025, 704.210, 704.6881) 1. A nonrural incumbent local exchange ca…

NAC 704.680305 Plan for measuring performance. (NRS 703.025, 704.210, 704.6881) A nonrural incumbent local exchange carrier shall file with the Commission a plan for measuring performance. Each set of performance measurements included in a plan for measuring performance must incl…

NAC 704.680307 Requirements for performance measurements; exemption from performance measurements and reporting requirements. (NRS 703.025, 704.210, 704.6881) 1. Each individual measurement described in NAC 704.680305 must, at a minimum, include: (a) The title; (b) A description;…

NAC 704.680309 Plan for establishing reporting requirements; monthly report of performance measurements; confidential information; access to data. (NRS 703.025, 704.210, 704.6881) 1. A nonrural incumbent local exchange carrier shall file with the Commission a plan for establishin…

NAC 704.680311 Plan establishing auditing requirements: Request for approval; minimum requirements. (NRS 703.025, 704.210, 704.6881) A nonrural incumbent local exchange carrier must file with the Commission a request for approval of a plan establishing auditing requirements. At a…

NAC 704.680313 Plan establishing performance incentives. (NRS 703.025, 704.210, 704.6881) A plan establishing performance incentives must: 1. Be specific in amount as it relates to applicable performance measures, and in an amount that reasonably encourages competitive conduct an…

NAC 704.680315 Plan for system of penalties. (NRS 703.025, 704.210, 704.6881) In accordance with NRS 704.6881, the Commission will conduct a proceeding to determine for each nonrural incumbent local exchange carrier subject to the provisions of NAC 704.6803 to 704.680315, inclusi…

NAC 704.68035 Definitions. (NRS 703.025, 704.210, 704.6882) As used in NAC 704.68035 to 704.680365, inclusive, unless the context otherwise requires: 1. “Complaint” means a complaint filed by one telecommunication provider against another telecommunication provider. 2. “Telecommu…

NAC 704.680351 Applicability. (NRS 703.025, 704.210, 704.6882) Notwithstanding any provision of this chapter or chapter 703 of NAC to the contrary, NAC 704.68035 to 704.680365, inclusive, apply to complaints made by a telecommunication provider against another telecommunication p…

NAC 704.680353 Authority to file complaint; certification required. (NRS 703.025, 704.210, 704.6882) 1. A telecommunication provider may file a complaint with the Commission to resolve any dispute with another telecommunication provider arising out of chapters 703 and 704 of NRS,…

NAC 704.680355 Contents and filing of complaint; protective agreement regarding discovery. (NRS 703.025, 704.210, 704.6882) 1. In addition to the certification required by NAC 704.680353, a complaint filed by a telecommunication provider pursuant to NAC 704.68035 to 704.680365, i…

NAC 704.680357 Answer. (NRS 703.025, 704.210, 704.6882) 1. A respondent to a complaint must serve its answer to the complaint within 7 calendar days after the date on which the complaint is filed with the Commission pursuant to NAC 704.680353. 2. In its answer, a respondent shall…

NAC 704.680359 Mediation. (NRS 703.025, 704.210, 704.6882) 1. Upon the filing of a complaint pursuant to NAC 704.680353, the complaint must be submitted to mediation. Except for the filing of an answer and the filing of any requests for interim relief under NAC 704.680365, the Co…

NAC 704.680361 Discovery; service. (NRS 703.025, 704.210, 704.6882) 1. Objections to requests for discovery, if any, must be made to the party requesting discovery not later than 3 business days after the date on which the request for discovery is made. A response to a request fo…

NAC 704.680363 Hearing; final decision of Commission. (NRS 703.025, 704.210, 704.6882) 1. If a complaint is not fully resolved through mediation, the presiding officer assigned to the complaint shall cause to be served upon the parties to the complaint an order scheduling a heari…

NAC 704.680365 Request for interim relief. (NRS 703.025, 704.210, 704.6882) 1. A complaint filed with the Commission pursuant to NAC 704.680353 may include a request for interim relief. A request for interim relief must: (a) Be filed at the same time that the complaint is filed w…

NAC 704.6804 Definitions. (NRS 703.025, 704.040, 704.210, 704.6873) As used in NAC 704.6804 to 704.68056, inclusive, unless the context otherwise requires, the words and terms defined in NAC 704.6804105 to 704.680424, inclusive, have the meanings ascribed to them in those section…

NAC 704.6804105 “County telephone line or system” defined. (NRS 703.025, 704.040, 704.210, 704.6873, 710.140) “County telephone line or system” means a telephone line or system which is purchased, acquired or constructed by a county and controlled and managed by the board of coun…

NAC 704.6804107 “Eligibility Administrator” defined. (NRS 703.025, 704.040, 704.210, 704.6873) “Eligibility Administrator” means the independent administrator with whom the Commission has contracted pursuant to paragraph (a) of subsection 6 of NRS 704.040. (Added to NAC by Pub. U…

NAC 704.6804109 “Eligibility responsibility party” defined. (NRS 703.025, 704.040, 704.210, 704.6873) “Eligibility responsibility party” means: 1. The Eligibility Administrator; or 2. If the Eligibility Administrator is terminated pursuant to paragraph (b) of subsection 1 of NAC …

NAC 704.680411 “Eligible library” defined. (NRS 703.025, 704.040, 704.210, 704.6873) “Eligible library” means a library that is eligible to receive telecommunication services at a discounted rate pursuant to 47 C.F.R. § 54.501. The term includes a consortium of libraries eligible…

NAC 704.680412 “Eligible school” defined. (NRS 703.025, 704.040, 704.210, 704.6873) “Eligible school” means a school that is eligible to receive telecommunication services at a discounted rate pursuant to 47 C.F.R. § 54.501. The term includes a consortium of schools eligible to r…