CHAPTER 704 - REGULATION OF PUBLIC UTILITIES GENERALLY

NAC 704.75918 Correction of failures in market for service. (NRS 703.025, 704.210) After the filing of a complaint and a public hearing regarding the complaint or upon a motion of the Commission after an investigation, the Commission may act, consistent with federal requirements,…

NAC 704.7592 “Long-run incremental costs” defined. (NRS 703.025, 704.210) As used in NAC 704.7592 to 704.7599, inclusive, unless the context otherwise requires, “long-run incremental costs” include operating expenses and capital costs over the long run caused by adding a new serv…

NAC 704.75925 Applicability. (NRS 703.025, 704.210) The provisions of NAC 704.7592 to 704.7599, inclusive, do not apply to a competitive supplier. (Added to NAC by Pub. Utilities Comm’n by R136-07, eff. 1-30-2008)

NAC 704.7593 Application for approval to deregulate service. (NRS 703.025, 704.210) Any person may apply to the Commission for approval to deregulate any service provided by a local exchange company. The service to be deregulated may involve an identifiable exchange or the entire…

NAC 704.75935 Time for action upon application. (NRS 703.025, 704.210) The Commission will act upon an application filed pursuant to NAC 704.7593 within 90 days after it is filed unless a protest is received from: 1. The staff of the Commission; 2. A person given permission to in…

NAC 704.7594 Maintenance of separate accounting records. (NRS 703.025, 704.210) 1. A local exchange company shall identify and keep separate all accounting records for the plant, expenses and all other activities that relate to the provision of a service that has been exempted fr…

NAC 704.7595 Factors for determining whether service is discretionary or competitive. (NRS 703.025, 704.210) In determining whether the service proposed to be deregulated is discretionary or competitive, the Commission will consider: 1. Whether a comparable service is available; …

NAC 704.7596 Factors for determining whether flexibility, exemption or total deregulation is in public interest. (NRS 703.025, 704.210) In determining whether flexibility of pricing, the exemption from tariff, or the total deregulation of a service provided by a local exchange co…

NAC 704.7597 Information to be filed with annual report. (NRS 703.025, 703.191, 704.210) The following information must be filed with the annual report of a local exchange company providing a service that has been deregulated: 1. If the service has been totally deregulated: (a) T…

NAC 704.7598 Rate charged for service exempted from tariff. (NRS 703.025, 704.210) The rate charged by a local exchange company for a service approved for exemption from tariff must recover at least the long-run incremental costs associated with the service. (Added to NAC by Pub.…

NAC 704.75983 Maintenance of quality of deregulated service. (NRS 703.025, 704.210) A local exchange company providing a service that has been deregulated shall monitor and maintain the quality of the service which exists at the time the Commission authorizes deregulation, unless…

NAC 704.7599 Adjustment of extent of deregulation. (NRS 703.025, 704.210) The extent to which a service is deregulated may be adjusted by the Commission upon petition of any person or upon its own motion. (Added to NAC by Pub. Service Comm’n, eff. 1-23-87) Determination of Wholes…

NAC 704.75991 Definitions. (NRS 703.025, 704.210) As used in NAC 704.75991 to 704.75996, inclusive, unless the context otherwise requires, the words and terms defined in NAC 704.759915 to 704.75994, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by…

NAC 704.759915 “All other services” defined. (NRS 703.025, 704.210) “All other services” means all telecommunications services that an incumbent local exchange carrier is required to offer for resale pursuant to 47 U.S.C. § 251(c)(4). The term does not include operator and direct…

NAC 704.75992 “Avoided cost study” defined. (NRS 703.025, 704.210) “Avoided cost study” means a study to determine wholesale discount factors that an incumbent local exchange carrier is required to conduct pursuant to NAC 704.759945. (Added to NAC by Pub. Utilities Comm’n by R010…

NAC 704.759925 “Avoided retail costs” defined. (NRS 703.025, 704.210) “Avoided retail costs” means the difference between: 1. The level costs that an incumbent local exchange carrier incurs currently to provide a given level of service at retail; and 2. The level of costs that th…

NAC 704.75993 “Incumbent local exchange carrier” defined. (NRS 703.025, 704.210) “Incumbent local exchange carrier” has the meaning ascribed to it in 47 U.S.C. § 251(h)(1). (Added to NAC by Pub. Utilities Comm’n by R010-98, eff. 6-26-98)

NAC 704.759935 “Wholesale discount factor” defined. (NRS 703.025, 704.210) “Wholesale discount factor” means the ratio obtained by dividing the avoided retail costs for a particular service or group of services by the total costs incurred by the incumbent local exchange carrier t…

NAC 704.75994 “Wholesale rate” defined. (NRS 703.025, 704.210) “Wholesale rate” means the rate that an incumbent local exchange carrier charges to provide a telecommunications service at retail, less the portion thereof attributable to avoided retail costs. The wholesale rate is …

NAC 704.759945 Determination of wholesale discount factors. (NRS 703.025, 704.210) 1. Except as otherwise provided in subsection 4, an incumbent local exchange carrier shall determine wholesale discount factors on the basis of an avoided cost study that meets the requirements of …

NAC 704.75995 Formula for determining wholesale rate. (NRS 703.025, 704.210) An incumbent local exchange carrier shall, in complying with 47 U.S.C. § 251(c)(4), determine the wholesale rate for a telecommunications service that is offered for resale by subtracting from the retail…

NAC 704.759955 Conduct of avoided cost studies. (NRS 703.025, 704.210) 1. An incumbent local exchange carrier shall conduct separate avoided cost studies: (a) For operator and directory assistance services; and (b) Except as otherwise provided in subsection 2, for all other servi…

NAC 704.75996 Requirements for avoided cost study. (NRS 703.025, 704.210) 1. An avoided cost study required pursuant to NAC 704.759955 must: (a) Use the most current data pertaining to the incumbent local exchange carrier that is available, as reported by the Automated Reporting …

NAC 704.760 Purpose. (NRS 703.025, 704.210, 704.669) The purpose of NAC 704.760 to 704.782, inclusive, is to establish a requirement and procedure for obtaining an operating permit for the sale of energy from geothermal resources to the public. (Added to NAC by Pub. Service Comm’…

NAC 704.762 Applicability. (NRS 703.025, 704.210, 704.669) NAC 704.760 to 704.782, inclusive, has the same applicability as NRS 704.669. (Added to NAC by Pub. Service Comm’n, eff. 12-16-82; A by Pub. Utilities Comm’n by R047-02, 10-24-2002)

NAC 704.764 Definitions. (NRS 703.025, 704.210, 704.669) As used in NAC 704.760 to 704.782, inclusive: 1. “Geothermal resource” has the meaning ascribed to it in NRS 534A.010. 2. “Person” has the meaning ascribed to it in NRS 704.015. (Added to NAC by Pub. Service Comm’n, eff. 12…

NAC 704.766 Operating permit required. (NRS 703.025, 704.210, 704.669) Any person who intends to sell energy from geothermal resources to the public must obtain an operating permit from the Commission before: 1. Commencing the construction of any facility for that purpose except …

NAC 704.768 Application for operating permit. (NRS 703.025, 704.210, 704.669) A person who wishes to apply for an operating permit must submit an application to the Commission. The application must contain: 1. A general description of the proposed system, including: (a) The area …

NAC 704.770 Description of service area. (NRS 703.025, 704.210, 704.669) The detailed description of the area to be served must include: 1. A copy of the map which was submitted to the State Engineer with any application for water rights. 2. A legal description of the area. 3. An…

NAC 704.772 Description of operating system. (NRS 703.025, 704.210, 704.669) The detailed description of the proposed operating system must include: 1. An explanation of the type of system to be used, including: (a) The number, size, depth and productive capacity of the wells and…

NAC 704.774 Description of geothermal resource. (NRS 703.025, 704.210, 704.669) The detailed description of the geothermal resource must: 1. Be accompanied by a copy of the permit for appropriation, issued by the State Engineer, for each well which the applicant intends to utiliz…

NAC 704.776 Confidentiality of exploration and subsurface information. (NRS 703.025, 704.210, 704.669) If any exploratory or subsurface information concerning a project to obtain geothermal energy for use in a process which changes raw or unfinished materials into another form or…

NAC 704.778 Statement of economic feasibility. (NRS 703.025, 704.210, 704.669) The statement of economic feasibility must include or be accompanied by: 1. A detailed statement of the estimated cost of constructing the proposed system, the estimated annual fixed and operating cost…

NAC 704.780 Additional information to be submitted with application. (NRS 703.025, 704.210, 704.669) In addition to the information required by NAC 704.768 to 704.778, inclusive, an applicant must submit: 1. A description in tariff format of the provisions for: (a) Rendering bill…

NAC 704.782 Addendum to contract between utility and customer. (NRS 703.025, 704.210, 704.669) The information described in subsection 1 of NAC 704.780 must be included as an addendum to the contract required by paragraph (d) of subsection 3 of NRS 704.669, and the addendum must …

NAC 704.786 “Commercial mobile radio service” defined. (NRS 703.025, 704.210) As used in this section and NAC 704.7862 and 704.7864, unless the context otherwise requires, “commercial mobile radio service” has the meaning ascribed to it in 47 C.F.R. § 20.3 as that section existed…

NAC 704.7862 Information to be filed with Commission. (NRS 703.025, 704.210) A provider of commercial mobile radio service who offers such service or who intends to offer such service within this State shall file a form provided by the Commission that contains information about t…

NAC 704.7864 Requirement to file information before initiating service; notification of changes. (NRS 703.025, 704.210) 1. A provider of commercial mobile radio service shall file the information required pursuant to NAC 704.7862 before initiating service in this State. 2. If any…

NAC 704.789 Definitions. (NRS 703.025, 704.210, 704.997, 704.998) As used in NAC 704.789 to 704.792, inclusive, unless the context otherwise requires, the words and terms defined in NAC 704.7891 to 704.7895, inclusive, have the meanings ascribed to them in those sections. (Added …

NAC 704.7891 “Affiliate” defined. (NRS 703.025, 704.210, 704.997, 704.998) “Affiliate” means a company that: 1. Is a branch, division or subsidiary of a distribution company; and 2. Provides a potentially competitive or discretionary natural gas service. (Added to NAC by Pub. Uti…

NAC 704.7892 “Customer” defined. (NRS 703.025, 704.210, 704.997, 704.998) “Customer” means the retail purchaser of natural gas service. (Added to NAC by Pub. Utilities Comm’n by R087-98, eff. 2-3-99; A by R047-02, 10-24-2002)

NAC 704.7893 “Distribution company” defined. (NRS 703.025, 704.210, 704.997, 704.998) “Distribution company” includes, without limitation, a seller of any noncompetitive component of natural gas service. (Added to NAC by Pub. Utilities Comm’n by R087-98, eff. 2-3-99; A by R047-02…

NAC 704.7894 “Noncompetitive service” defined. (NRS 703.025, 704.210, 704.997, 704.998) “Noncompetitive service” means any natural gas service determined by statute or by the Commission to be unsuitable for purchase by customers from alternative sellers. (Added to NAC by Pub. Uti…

NAC 704.7895 “Potentially competitive service” defined. (NRS 703.025, 704.210, 704.997, 704.998) “Potentially competitive service” means a component of natural gas service determined by the Commission to be suitable for purchase by customers from alternative sellers. (Added to NA…

NAC 704.7896 Applicability. (NRS 703.025, 704.210, 704.997, 704.998) NAC 704.789 to 704.792, inclusive: 1. Apply to the provision of services as set forth in NRS 704.993 to 704.999, inclusive. 2. Do not apply to a public utility that supplies natural gas which is not regulated un…

NAC 704.7897 Provision of potentially competitive service or discretionary service. (NRS 703.025, 704.210, 704.997, 704.998) 1. A distribution company may not provide any potentially competitive or discretionary natural gas service. 2. An affiliate of a distribution company may p…

NAC 704.7898 Business relationship between distribution company and affiliate: Requirements; restrictions. (NRS 703.025, 704.210, 704.997, 704.998) 1. An affiliate shall: (a) Be a separate corporate entity from the distribution company; (b) Operate independently from the distribu…