1. Except as otherwise provided in subsection 2, a person who wishes to obtain a permit for a utility facility must file with the Commission an application, in such form as the Commission prescribes, containing:
(a) A description of the location and of the utility facility to be built thereon;
(b) A summary of any studies which have been made of the environmental impact of the facility;
(c) A description of any reasonable alternate location or locations for the proposed facility, a description of the comparative merits or detriments of each location submitted, and a statement of the reasons why the primary proposed location is best suited for the facility; and
(d) A surplus asset retirement plan as described in subsection 2 of NRS 704.734 for the decommissioning, removal, remediation and disposition of the utility facility after it ceases to operate, including a description of the manner in which the plan will be funded.
A copy or copies of the studies referred to in paragraph (b) must be filed with the Commission and be available for public inspection.
2. If a person wishes to obtain a permit for a utility facility and a federal agency is required to conduct an environmental analysis of the proposed utility facility, the person must:
(a) Not later than the date on which the person files with the appropriate federal agency an application for approval for the construction of the utility facility, file with the Commission and each other permitting entity a notice, in such a form as the Commission or other permitting entity prescribes; and
(b) Not later than 30 days after the issuance by the appropriate federal agency of either the final environmental assessment or final environmental impact statement, but not the record of decision or similar document, relating to the construction of the utility facility:
(1) File with the Commission an application that complies with the provisions of subsection 1; and
(2) File with each other permitting entity an application for a permit, license or other approval for the construction of the utility facility.
3. A copy of each application filed with the Commission must be filed with the Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources.
4. Each application filed with the Commission must be accompanied by:
(a) Proof of service of a copy of the application on the clerk of each local government in the area in which any portion of the facility is to be located, both as primarily and as alternatively proposed; and
(b) Proof that public notice thereof was given to persons residing in the municipalities entitled to receive notice pursuant to paragraph (a) by the publication of a summary of the application in newspapers published and distributed in the area in which the utility facility is proposed to be located.
5. Not later than 5 business days after the Commission receives an application pursuant to this section, the Commission shall issue a notice concerning the application. Any person who wishes to become a party to a permit proceeding pursuant to NRS 704.885 must file with the Commission the appropriate document required by NRS 704.885 within the time frame set forth in the notice issued by the Commission pursuant to this subsection.
(Added to NRS by 1971, 556; A 1973, 1263; 1981, 662; 1985, 2299; 1997, 5, 1915; 2001, 2987; 2003, 1258; 2013, 3211; 2015, 2217)
Structure Nevada Revised Statutes
Chapter 704 - Regulation of Public Utilities Generally
NRS 704.001 - Purpose and policy of Legislature in enacting chapter.
NRS 704.006 - "Basic network service" defined.
NRS 704.007 - "Biomass" defined.
NRS 704.008 - "Business line service" defined.
NRS 704.010 - "Commission" defined.
NRS 704.011 - "Competitive supplier" defined.
NRS 704.012 - "Consumer’s Advocate" defined.
NRS 704.013 - "Fund to maintain the availability of telephone service" defined.
NRS 704.0135 - "Incumbent local exchange carrier" defined.
NRS 704.0136 - "Inmate calling service" defined.
NRS 704.0137 - "Interexchange carrier" defined.
NRS 704.014 - "Local exchange carrier" defined.
NRS 704.015 - "Person" defined.
NRS 704.018 - "Provider of last resort" defined.
NRS 704.020 - "Public utility" or "utility" defined.
NRS 704.021 - "Public utility" or "utility" further defined.
NRS 704.023 - "Small-scale provider of last resort" defined.
NRS 704.025 - "Telecommunication" defined.
NRS 704.027 - "Telecommunication provider" or "telephone company" defined.
NRS 704.028 - "Telecommunication service" or "telephone service" defined.
NRS 704.031 - Power to subpoena person claiming exemption.
NRS 704.032 - Participation of Office of Economic Development in proceedings before Commission.
NRS 704.050 - Special contract rates.
NRS 704.060 - Charge for shorter haul included within longer haul.
NRS 704.062 - "Application to make changes in any schedule" and "application" defined.
NRS 704.066 - "Schedule" defined.
NRS 704.068 - Acts deemed to be change in schedule.
NRS 704.130 - Rates effective and regulations enforceable until modified by Commission or court.
NRS 704.140 - Free or reduced rates for transportation unlawful; exceptions; penalty.
NRS 704.150 - Duty of connecting railroad to transfer car for just and reasonable charge.
NRS 704.160 - Duty of railroad to provide and maintain depots, stations and other facilities.
NRS 704.170 - Duty of railroad to furnish freight cars to shippers; regulations.
NRS 704.175 - Compliance with standards for electrical construction; inspection; exemption.
NRS 704.183 - Examination of certain public utilities.
NRS 704.185 - Use of deferred accounting by certain natural gas utilities; procedure; limitations.
NRS 704.187 - Use of deferred accounting by certain electric utilities; procedure; limitations.
NRS 704.195 - Recording of telephone call concerning emergency or service outage; disclosure.
NRS 704.215 - Powers of Commission: Adoption of certain rules, regulations and rates by reference.
NRS 704.280 - Powers of Commission: Regulation of lines and tracks; regulations; safety devices.
NRS 704.300 - Railroad crossings: Powers of Commission; payment of expenses.
NRS 704.322 - "Security" defined.
NRS 704.325 - Limitations on application of security or proceeds.
NRS 704.326 - Guarantee or obligation of State not implied.
NRS 704.327 - Payment of necessary expenses of Commission by public utility.
NRS 704.328 - Inapplicability of NRS 704.322 to 704.326, inclusive, to certain public utilities.
NRS 704.3296 - "Electric utility" defined.
NRS 704.350 - Prerequisites to issuance of certificate.
NRS 704.360 - Conduct of investigations and hearings.
NRS 704.400 - Order of Commission prima facie lawful from date of order.
NRS 704.440 - Investigation and ascertainment of value of property of public utility; exceptions.
NRS 704.600 - Administrative fines for failure or refusal to make reports or allow examination.
NRS 704.630 - Additional civil remedies of Commission.
NRS 704.635 - Order by Commission to cease and desist.
NRS 704.640 - Criminal penalties.
NRS 704.645 - Remedies of State cumulative; election of remedies.
NRS 704.655 - Public utility required to pay interest on deposits made by customers; penalty.
NRS 704.6622 - Plan of water conservation: Contents; approval by Commission.
NRS 704.669 - Regulation of sale of geothermal energy to public; system of operating permits.
NRS 704.684 - Limitations on regulation of broadband service; exceptions.
NRS 704.6875 - Customer entitled to written notice of duration of certain calls.
NRS 704.6883 - Judicial review of certain decisions of Commission.
NRS 704.68861 - Applicability.
NRS 704.68863 - Powers and duties under certain federal and state laws preserved.
NRS 704.68865 - Adoption of regulations.
NRS 704.68867 - Filing of reports.
NRS 704.68873 - Exemption from regulation of telecommunication service; exceptions.
NRS 704.68877 - Requirements and exemptions regarding basic network service.
NRS 704.68885 - Requirements regarding discontinuation of service.
NRS 704.68887 - Anticompetitive acts and unlawful discrimination prohibited.
NRS 704.716 - Calculation of amount of adjustment; effect on rates, prices and charges.
NRS 704.721 - Filing of tariff on date of conversion.
NRS 704.731 - Faith of State pledged.
NRS 704.7312 - "Coal-fired electric generating plant" defined.
NRS 704.7313 - "Electric utility" defined.
NRS 704.7314 - "Emissions reduction and capacity replacement plan" defined.
NRS 704.7315 - "Renewable energy facility" defined.
NRS 704.7317 - Electric utility required to record certain amounts in regulatory asset.
NRS 704.7331 - "Asset" defined.
NRS 704.7332 - "Decommissioned" defined.
NRS 704.7333 - "Electric utility" defined.
NRS 704.7334 - "Operational" defined.
NRS 704.7335 - "Post-operational reserve" defined.
NRS 704.7336 - "Pre-operational reserve" defined.
NRS 704.7337 - "Surplus" defined.
NRS 704.7338 - Electric utility to file list of assets with Commission; contents of list.
NRS 704.7339 - Reclassification of asset as surplus.
NRS 704.734 - Surplus asset retirement plans: Filing; contents; subject to approval by Commission.
NRS 704.7364 - "Cost effective" defined.
NRS 704.7366 - "Energy efficiency and conservation program" defined.
NRS 704.7368 - "Renewable energy facility" defined.
NRS 704.746 - Public hearing on adequacy of plan; determination by Commission; regulations.
NRS 704.754 - Reports regarding transmission plan.
NRS 704.7565 - "Affiliate" defined.
NRS 704.7568 - "Dispose of a generation asset" defined.
NRS 704.7571 - "Electric utility" defined.
NRS 704.7575 - "Generation asset" defined.
NRS 704.7578 - "Interest in a generation asset" defined.
NRS 704.7581 - "Person" defined.
NRS 704.7595 - Effect of violation.
NRS 704.7611 - "Alternative rate-making mechanism" defined.
NRS 704.7612 - "Alternative rate-making plan" defined.
NRS 704.7613 - "Decoupling mechanism" defined.
NRS 704.7614 - "Earnings-sharing mechanism" defined.
NRS 704.7615 - "Electric utility" defined.
NRS 704.7616 - "Formula rates" defined.
NRS 704.7617 - "Multi-year rate plan" defined.
NRS 704.7618 - "Performance-based rates" defined.
NRS 704.7619 - "Subscription pricing" defined.
NRS 704.7622 - Prohibition against construction limiting rate-making authority of Commission.
NRS 704.766 - Legislative declaration.
NRS 704.7675 - "Contiguous" defined.
NRS 704.768 - "Customer-generator" defined.
NRS 704.769 - "Net metering" defined.
NRS 704.771 - "Net metering system" defined.
NRS 704.7715 - "Renewable energy" defined.
NRS 704.772 - "Utility" defined.
NRS 704.7802 - "Energy efficiency measure" defined.
NRS 704.7803 - "Portfolio energy credit" defined.
NRS 704.7804 - "Portfolio energy system or efficiency measure" defined.
NRS 704.7805 - "Portfolio standard" defined.
NRS 704.7808 - "Provider of electric service" and "provider" defined.
NRS 704.7809 - "Qualified energy recovery process" defined.
NRS 704.7811 - "Renewable energy" defined.
NRS 704.7815 - "Renewable energy system" defined.
NRS 704.7818 - "Retail customer" defined.
NRS 704.7819 - "Utility provider" defined.
NRS 704.7820 - Legislative findings and declarations.
NRS 704.78215 - Calculation of portfolio energy credits.
NRS 704.7825 - Reports; exceptions; regulations regarding additional reports.
NRS 704.78253 - Reports by certain providers not subject to jurisdiction of Commission.
NRS 704.7826 - Certain providers not subject to jurisdiction of Commission.
NRS 704.7827 - Temporary renewable energy development program; regulations.
NRS 704.7831 - "Cost effective" defined.
NRS 704.7832 - "Electric utility" defined.
NRS 704.7833 - "Energy efficiency program" defined.
NRS 704.7834 - "Energy savings" defined.
NRS 704.78343 - "Historically underserved community" defined.
NRS 704.78347 - "Low-income household" defined.
NRS 704.7835 - Legislative findings and declarations.
NRS 704.792 - "Electric utility" defined.
NRS 704.793 - "Energy storage system" defined.
NRS 704.794 - "Procure" or "procurement" defined.
NRS 704.797 - Requirements for energy storage systems procured to meet targets.
NRS 704.7985 - Restrictions on persons performing work on or near electric infrastructure.
NRS 704.79872 - "Electric utility" defined.
NRS 704.79873 - "Electric utility that primarily serves densely populated counties" defined.
NRS 704.79874 - "Electric utility that primarily serves less densely populated counties" defined.
NRS 704.79875 - "High-voltage transmission infrastructure" defined.
NRS 704.79876 - "Transmission infrastructure for a clean energy economy plan" or "plan" defined.
NRS 704.79879 - Amendment may be filed as amendment to resource plan.
NRS 704.7988 - Modifications recommended by the Commission; actions by utility.
NRS 704.79882 - "Regional transmission organization" defined.
NRS 704.79883 - "Task Force" defined. [Effective through December 31, 2031.]
NRS 704.79884 - "Transmission provider" defined.
NRS 704.79885 - "User" defined.
NRS 704.800 - Unlawful acts involving theft or damage to property: Criminal penalties.
NRS 704.805 - Unlawful acts involving theft or damage to property: Civil remedies.
NRS 704.825 - Declaration of legislative findings and purpose.
NRS 704.834 - "Appropriate federal agency" defined.
NRS 704.840 - "Commence to construct" defined.
NRS 704.842 - "Environmental review" defined.
NRS 704.845 - "Local government" defined.
NRS 704.848 - "Other permitting entity" defined.
NRS 704.850 - "Person" defined.
NRS 704.855 - "Public utility" and "utility" defined.
NRS 704.860 - "Utility facility" defined.
NRS 704.870 - Requirements for filing application: Form and contents; procedure when federal agency is required to conduct environmental analysis; time for filing application; service; public notice.
NRS 704.871 - Approval of application for utility facility not intended to serve customers in State.
NRS 704.885 - Parties to proceeding for permit; limited appearance; intervention.
NRS 704.890 - Grant or denial of permit: Required findings; conditions and modifications.
NRS 704.893 - Limitations on purchase of capacity of utility facility by certain public utilities.
NRS 704.895 - Rehearing; judicial review.
NRS 704.900 - Cooperation with other states and Federal Government.
NRS 704.994 - "Alternative seller" defined.
NRS 704.995 - "Person" defined.
NRS 704.996 - "Potentially competitive service" defined.
NRS 704.999 - Restoration of service: Conditions; tariffs.
NRS 704.9992 - "Biogas" defined.
NRS 704.9993 - "Environmental attributes" defined.
NRS 704.9994 - "Renewable energy" defined.
NRS 704.9995 - "Renewable natural gas" defined.