Nev. Admin. Code § 703.160

Current through November 25, 2024
Section 703.160 - Public notice of certain filings or proceedings
1. The Secretary shall cause public notice of each filing or proceeding described in subsection 10 to be published in the manner prescribed in this section. If a notice is required to be published in a newspaper pursuant to subsection 6, the publisher of the public notice must, not later than 5 days after publication of the notice, provide to the Commission proof of the publication of the notice. The proof must include:
(a) The name of the newspaper in which the notice was published;
(b) The name of the county in which the notice was published;
(c) A statement signed by the publisher that the newspaper in which the notice was published is a newspaper of general circulation in the county in which the notice was published; and
(d) The date of the publication of the notice.
2. Except as otherwise provided in this section, if the Secretary determines that public notice of a filing or proceeding is required to be published in a newspaper pursuant to subsection 6 and the filing or proceeding will have:
(a) A statewide effect, the Secretary must cause the public notice to be published once in four or more newspapers of general circulation in this State, no two of which are published in the same county.
(b) An effect on a limited number of counties, the Secretary must cause the public notice to be published once in a newspaper of general circulation in each county affected. If there is no newspaper published in an affected county, the Secretary must cause the public notice to be published once in a newspaper of general circulation in an adjoining county.
3. The Secretary will post each business day on the Internet website of the Commission a current list of all public notices published pursuant to this section.
4. A public notice published in a newspaper must be an advertisement which is not less than 1 column inch by 3 inches, with a border on all sides.
5. A public notice must include, as appropriate:
(a) At the beginning of the notice, a title that generally describes the relief requested or the type of proceeding scheduled;
(b) The name of the applicant, complainant or petitioner or the name of the agent for the applicant, complainant or petitioner;
(c) A brief description of the purpose of the filing or proceeding, including, without limitation, a clear and concise introductory statement that summarizes the relief requested or the type of proceeding scheduled;
(d) The location where the filing is on file for the public or the location and time for the proceeding; and
(e) The date by which persons must file written comments or petitions for leave to intervene with the Commission.

The public notice must be published prominently so that it is reasonably calculated to notify affected persons.

6. If the notice is:
(a) A public notice for a workshop, a hearing or a prehearing conference, the Secretary must cause the notice to be:
(1) Distributed to each party, if applicable, and published on the Internet website of the Commission at least:
(I) Fifteen days before a workshop conducted pursuant to subsection 2 of NRS 233B.061 is held; and
(II) Ten days before the hearing or prehearing conference or a workshop other than a workshop described in sub-subparagraph (I) is held;
(2) Posted at the principal office of the Commission at least 3 days before the proceeding is held; and
(3) Published in the appropriate newspapers not less than 10 days before a hearing on a proposed regulation.
(b) For a filing or a consumer session, the Secretary shall cause the public notice to be published in the appropriate newspapers not less than 3 working days before the proposal in the filing becomes effective or the consumer session is held.
7. The applicant, complainant or petitioner shall timely pay the cost of the publication in a newspaper. If the applicant, complainant or petitioner fails to timely pay the cost of the publication, the Commission may, after notice and an opportunity to be heard and upon due consideration of all relevant circumstances, dismiss the applicable filing without prejudice, seek an administrative fine pursuant to NRS 703.380, or both dismiss the applicable filing without prejudice and seek an administrative fine.
8. On a weekly basis, the Commission will post on its Internet website a summary of public notices concerning the filings and proceedings described in subsection 10.
9. The Secretary's notice shall be deemed to be legally sufficient public notice of the filing or proceeding, even if the summary of public notices is deficient or fails to be posted pursuant to this section.
10. Except as otherwise provided pursuant to subsection 12, the provisions of this section apply to the following filings or proceedings:
(a) An application or tariff filing involving any authorization, expansion, reduction or curtailment of services, facilities or authority, any increase in rates, fares or charges, or any change in regulations.
(b) A complaint filed with the Commission pursuant to NAC 703.651.
(c) A petition.
(d) A prehearing conference.
(e) A workshop.
(f) A consumer session.
(g) A hearing.
11. The provisions of this section do not apply to a quarterly adjustment to a base tariff energy rate or a quarterly adjustment to a deferred energy accounting adjustment made pursuant to NRS 704.110.
12. The provisions of this section do not apply to a petition submitted to the Commission pursuant to NAC 703.290.

Nev. Admin. Code § 703.160

Pub. Service Comm'n, Gen. Order 3 § 9.040, eff. 1-1-79-NAC A 1-6-84; A by Pub. Utilities Comm'n by R047-02, 10-24-2002; R116-03, 10-30-2003; R202-05, 11-13-2006; R071-07, 10-31-2007; R136-07, 1-30-2008; R068-09, 11-25-2009; R076-11, 5-30-2012; A by R011-15, eff. 10/27/2015

NRS 703.025, 703.320, 703.380, 704.210