Nev. Admin. Code § 704.5366 - Application for approval of margin rates by operator who uses alternative method: Analysis, determinations and recommendations of Regulatory Operations Staff of Commission; response or request for hearing by operator or interested person; hearing; written order by Commission; actions by operator if margin rates not just and reasonable
1. Upon receipt of
an application submitted to the Commission pursuant to section 3 of this
regulation, the Regulatory Operations Staff of the Commission shall analyze the
documentation and information provided by the operator to determine whether the
margin rates assessed by the operator during the operator's immediately
preceding fiscal year were just and reasonable.
2. Following the analysis conducted pursuant
to subsection 1 and not later than 90 days after the operator submitted the
application to the Commission pursuant to section 3 of this regulation, the
Regulatory Operations Staff shall file with the Commission and serve on the
parties a memorandum setting forth the determinations and recommendations of
the Regulatory Operations Staff with respect to the application and
recommending any other action by the Commission that the Regulatory Operations
Staff may deem reasonable under the circumstances. The memorandum of the
Regulatory Operations Staff must include documentation to support the
recommendations contained therein, including, without limitation, an
explanation of the analysis performed and any other information determined by
the Regulatory Operations Staff to be relevant to the determinations and
recommendations of the Regulatory Operations Staff. Information and
documentation included in or with the memorandum filed with the Commission
pursuant to this subsection may be made confidential in accordance with NAC
703.5274.
3. Not later than 10 business days after the
Regulatory Operations Staff files with the Commission the memorandum required
by subsection 2, the operator or any interested person may file with the
Commission a response to the memorandum or request a hearing on the application
submitted pursuant to section 3 of this regulation, or both. Upon the request
of the operator or the Regulatory Operations Staff, the Commission will hold a
hearing on the application. If no request for a hearing is received by the
Commission, the Commission will dispense with the hearing and take action upon
the application, unless the Commission finds that a hearing is necessary or
otherwise required by statute.
4.
Not later than 60 days after the Regulatory Operations Staff files with the
Commission the memorandum required by subsection 2, the Commission will issue a
written order setting the application for hearing pursuant to subsection 3 or a
written order approving the application and finding that the margin rates
assessed by the operator during the immediately preceding year were just and
reasonable in accordance with the requirements of subsection 1. At a hearing,
the operator has the burden of proving that its margin rates were just and
reasonable.
5. If the Commission
determines that the margin rates assessed by the operator during the operator's
immediately preceding fiscal year were not just and reasonable, the Commission
may order the operator to:
(a) File a general
rate application pursuant to
NRS
704.110 within the time frame set forth by
the Commission; or
(b) Make changes
to the alternative method within the time frame set forth by the
Commission.
6. If an
operator is ordered by the Commission to make changes to the alternative method
pursuant to paragraph (b) of subsection 5, the operator may elect to make such
changes or may instead file a general rate application pursuant to
NRS
704.110.
Notes
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