CHAPTER 704 - REGULATION OF PUBLIC UTILITIES GENERALLY

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…

NAC 704.7899 Distribution company: Designation of officer to evaluate and certify compliance with certain provisions. (NRS 703.025, 704.210, 704.997, 704.998) A distribution company shall designate an officer to evaluate and certify compliance with NAC 704.789 to 704.792, inclusi…

NAC 704.7901 Distribution company: Standards of conduct when dealing with affiliate. (NRS 703.025, 704.210, 704.997, 704.998) When dealing with an affiliate, a distribution company: 1. Shall not discriminate between the affiliate and another entity that competes with the affiliat…

NAC 704.7902 Distribution company: Conditions for provision of information concerning specific customers to affiliate and nonaffiliated entity. (NRS 703.025, 704.210, 704.997, 704.998) A distribution company shall provide information about specific customers to its affiliates and…

NAC 704.7903 Distribution company: Conditions for provision of general information to affiliate. (NRS 703.025, 704.210, 704.997, 704.998) Information that is not specific to a customer, including, without limitation, information concerning the goods, services, purchases, sales or…

NAC 704.7904 Distribution company: Restriction on providing list of alternative sellers. (NRS 703.025, 704.210, 704.997, 704.998) Except as otherwise authorized by the Commission, a distribution company shall not provide a person with a list of alternative sellers. (Added to NAC …

NAC 704.7905 Distribution company: Restriction on offering or providing advice or assistance to customer concerning affiliate or other service provider. (NRS 703.025, 704.210, 704.997, 704.998) Except as otherwise provided in NAC 704.789 to 704.792, inclusive, a distribution comp…

NAC 704.7906 Distribution company: Maintenance of certain records; availability for review by third parties. (NRS 703.025, 704.210, 704.997, 704.998) A distribution company shall: 1. Keep for at least 3 years a record documenting a transaction with an affiliate, including, withou…

NAC 704.7907 Distribution company: Duties related to provision of services to affiliate or nonaffiliated entity. (NRS 703.025, 704.210, 704.997, 704.998) Except as otherwise stated in its approved tariff, a distribution company: 1. Shall fulfill a request from a nonaffiliated ent…

NAC 704.7908 Provision of discount, rebate or other waiver of charge or fee to affiliate by distribution company: Notice; contents. (NRS 703.025, 704.210, 704.997, 704.998) 1. If a distribution company provides an affiliate with a discount, rebate or other waiver of a charge or f…

NAC 704.7909 Provision of discount, rebate or other waiver of charge or fee to affiliate by distribution company: Requirements for maintenance of records. (NRS 703.025, 704.210, 704.997, 704.998) 1. A distribution company that provides an affiliate with a discounted rate, rebate …

NAC 704.791 Audit of distribution company with affiliate: Requirements. (NRS 703.025, 704.210, 704.997, 704.998) 1. Unless the Commission specifies otherwise, a distribution company with an affiliate shall obtain and pay for an audit 6 months after the affiliate first provides se…

NAC 704.7911 Audit of distribution company with affiliate: Access to certain records. (NRS 703.025, 704.210, 704.997, 704.998) For purposes of conducting an audit pursuant to NAC 704.791, the distribution company and its affiliates shall provide the independent auditor, the Commi…

NAC 704.7912 Requirements for pricing goods or services transferred by distribution company or affiliate. (NRS 703.025, 704.210, 704.997, 704.998) 1. If a distribution company transfers goods or services to an affiliate, the distribution company must price the goods or services a…

NAC 704.7913 Affiliate: Standards of conduct. (NRS 703.025, 704.210, 704.997, 704.998) 1. An affiliate: (a) Shall not market or otherwise sell services jointly with the distribution company; (b) Shall not use space in the correspondence of the distribution company or any other fo…

NAC 704.7914 Affiliate: Conditions for offering goods or services. (NRS 703.025, 704.210, 704.997, 704.998) An affiliate of a distribution company shall not offer goods or services until the affiliate satisfies any applicable requirements set forth in NAC 704.789 to 704.792, incl…

NAC 704.7915 Violations: Generally. (NRS 703.025, 704.210, 704.997, 704.998) Each transaction that violates the provisions of NAC 704.789 to 704.792, inclusive, will be considered a separate violation. (Added to NAC by Pub. Utilities Comm’n by R087-98, eff. 2-3-99)

NAC 704.7916 Violations: Procedures for processing complaints. (NRS 703.025, 704.210, 704.997, 704.998) 1. A person or business may complain to the Commission or distribution company in writing, setting forth any act or thing allegedly done or not done by a distribution company o…

NAC 704.7917 Violations: Investigation of complaint; notice and hearing. (NRS 703.025, 704.210, 704.997, 704.998) 1. The Division of Consumer Complaint Resolution shall investigate any complaint concerning a violation of the provisions of NAC 704.789 to 704.792, inclusive, in the…

NAC 704.7918 Enforcement of provisions or order of Commission. (NRS 703.025, 704.210, 704.997, 704.998) After a hearing has been held pursuant to NAC 704.7917, the Commission, when enforcing the provisions of NAC 704.789 to 704.792, inclusive, or an order of the Commission that r…

NAC 704.7919 Penalties: Generally. (NRS 703.025, 704.210, 704.997, 704.998) 1. A penalty assessed by the Commission must reflect the actual or potential injury, or both, to ratepayers and competitors, and the gravity of the violation. 2. Repeated violations will require more seve…

NAC 704.792 Penalties: Repeated violations. (NRS 703.025, 704.210, 704.997, 704.998) 1. If the Commission finds in two separate orders that a distribution company has materially violated the provisions of NAC 704.789 to 704.792, inclusive, more than twice in a period of 12 months…

NAC 704.793 Definitions. (NRS 703.025, 704.210, 704.997, 704.998) As used in NAC 704.793 to 704.7947, inclusive, unless the context otherwise requires, the words and terms defined in NAC 704.7931, 704.7933 and 704.7935 have the meanings ascribed to them in those sections. (Added …

NAC 704.7931 “Effective competition” defined. (NRS 703.025, 704.210, 704.997, 704.998) “Effective competition” means, with respect to a particular service, a market structure and a process under which an individual seller is not able to influence significantly the price of the se…

NAC 704.7933 “Person” defined. (NRS 703.025, 704.210, 704.997, 704.998) “Person” means a natural person, corporation, partnership, public utility, government, governmental agency or political subdivision of a government. (Added to NAC by Pub. Utilities Comm’n by R101-98, eff. 9-2…

NAC 704.7935 “Potentially competitive service” defined. (NRS 703.025, 704.210, 704.997, 704.998) “Potentially competitive service” has the meaning ascribed to it in NRS 704.996. (Added to NAC by Pub. Utilities Comm’n by R101-98, eff. 9-2-98)

NAC 704.7937 Applicability. (NRS 703.025, 704.210, 704.997, 704.998) NAC 704.793 to 704.7947, inclusive, do not apply to services provided to generating, industrial and large commercial customers pursuant to NRS 704.075. (Added to NAC by Pub. Utilities Comm’n by R101-98, eff. 9-2…

NAC 704.7939 Requirements for classification of natural gas service as potentially competitive service. (NRS 703.025, 704.210, 704.997, 704.998) 1. A person may request that the Commission classify a natural gas service as a potentially competitive service. 2. A request made purs…

NAC 704.794 Classification of natural gas service as potentially competitive service limited to certain boundaries. (NRS 703.025, 704.210, 704.997, 704.998) The Commission will limit the classification of a natural gas service as a potentially competitive service to the boundarie…

NAC 704.7941 Natural gas service is classified as potentially competitive service under certain circumstances. (NRS 703.025, 704.210, 704.997, 704.998) If the Commission receives a request to classify a natural gas service as a potentially competitive service and the request sati…

NAC 704.7943 Natural gas service is noncompetitive service under certain circumstances. (NRS 703.025, 704.210, 704.997, 704.998) A natural gas service that is not classified as a potentially competitive, competitive or discretionary service, or that has been determined by statute…

NAC 704.7945 Establishment of alternative plan of regulation. (NRS 703.025, 704.210, 704.997, 704.998) Once the Commission has classified a natural gas service as potentially competitive, the Commission will establish an alternative plan of regulation for the service. (Added to N…

NAC 704.7947 Determination of effective competition in market for natural gas service. (NRS 703.025, 704.210, 704.997, 704.998) The Commission will: 1. Monitor the market for a natural gas service that it has classified as potentially competitive to determine whether effective co…

NAC 704.79501 Definitions. (NRS 703.025, 704.210, 704.997, 704.998) As used in NAC 704.79501 to 704.79545, inclusive, unless the context otherwise requires, the words and terms defined in NAC 704.79503 to 704.79521, inclusive, have the meanings ascribed to them in those sections.…

NAC 704.79503 “Affiliate” defined. (NRS 703.025, 704.210, 704.997, 704.998) “Affiliate” means any entity which provides natural gas or services related to the provision of natural gas in the United States and which controls, is controlled by or is under common control with any ot…

NAC 704.79505 “Alternative seller” defined. (NRS 703.025, 704.210, 704.997, 704.998) “Alternative seller” has the meaning ascribed to it in NRS 704.994. (Added to NAC by Pub. Utilities Comm’n by R103-99, eff. 12-2-99)

NAC 704.79507 “Discretionary service” defined. (NRS 703.025, 704.210, 704.997, 704.998) “Discretionary service” means the sale of natural gas to end-use customers eligible to be served under a tariff for transportation service approved by the Commission or under a schedule or con…

NAC 704.79509 “End-use customer” defined. (NRS 703.025, 704.210, 704.997, 704.998) “End-use customer” means a retail customer of potentially competitive service. (Added to NAC by Pub. Utilities Comm’n by R103-99, eff. 12-2-99)

NAC 704.79511 “Generating customer” defined. (NRS 703.025, 704.210, 704.997, 704.998) “Generating customer” has the meaning ascribed to it in NRS 704.075. (Added to NAC by Pub. Utilities Comm’n by R103-99, eff. 12-2-99)