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

Nev. Admin. Code § 704.5366
Added to NAC by Pub. Service Comm'n by R058-17A, eff. 12/19/2017; Added to NAC by Pub. Utilities Comm'n by R031-19A, eff. 10/30/2019
NRS 703.025, 704.097, 704.210

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