Nev. Rev. Stat. » NRS: CHAPTER 704 - REGULATION OF PUBLIC UTILITIES GENERALLY

Nev. Rev. Stat. § 704.120

Commission may substitute just and reasonable rates, regulations, practices or services after investigation and hearing; exceptions

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NRS 704.120  Commission may substitute just and reasonable rates, regulations, practices or services after investigation and hearing; exceptions.

      1.  If, upon any hearing and after due investigation, the rates, tolls, charges, schedules or joint rates shall be found to be unjust, unreasonable or unjustly discriminatory, or to be preferential, or otherwise in violation of any of the provisions of this chapter, the Commission shall have the power to fix and order substituted therefor such rate or rates, tolls, charges or schedules as shall be just and reasonable.

      2.  If it shall in like manner be found that any regulation, measurement, practice, act or service complained of is unjust, unreasonable, insufficient, preferential, unjustly discriminatory or otherwise in violation of the provisions of this chapter, or if it be found that the service is inadequate, or that any reasonable service cannot be obtained, the Commission shall have the power to substitute therefor such other regulations, measurements, practices, service or acts and make such order relating thereto as may be just and reasonable.

      3.  When complaint is made of more than one rate, charge or practice, the Commission may, in its discretion, order separate hearings upon the several matters complained of and at such times and places as it may prescribe.

      4.  No complaint shall at any time be dismissed because of the absence of direct damage to the complainant.

      5.  The Commission may at any time, upon its own motion, investigate any of the rates, tolls, charges, rules, regulations, practices and service, and, after a full hearing as above provided, by order, make such changes as may be just and reasonable, the same as if a formal complaint had been made.

      6.  The provisions of this section do not apply to a competitive supplier, except that a competitive supplier that is an incumbent local exchange carrier is subject to the provisions of this section with regard to:

      (a) The provision of basic network service until January 1, 2012; and

      (b) Any general rate application filed by the competitive supplier pursuant to paragraph (b) of subsection 2 of NRS 704.68877. If the competitive supplier files such a general rate application, the general rate case proceeding must be conducted by the Commission in accordance with this section and NRS 704.110.

      7.  Nothing in this chapter shall be construed to prohibit the Commission from authorizing an electric utility to provide reduced rates to low-income customers upon a hearing and after due investigation.

      [27:109:1919; 1919 RL p. 3163; NCL § 6127]—(NRS A 2007, 701; 2009, 616)

     

Notes of Decisions
Cited in 7 cases, 1964–2004 · leading case: Nevada Power Co. v. Eighth Judicial District Court of State of Nevada
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Nevada Power Co. v. Eighth Judicial District Court of State of Nevada (2004) nev · cites it 2× “24 Under NRS 704.120, the PUC has authority to give prospective relief from an unjust, unreasonable, or unjustly discriminatory rate, regulation, practice or service by substituting a just and reasonable rate, regulation, practice or service after an investigation and a hearing.”
Public Service Commission v. Ely Light & Power Co. (1964) nev · cites it 2× “NRS 704.120 (5) is quoted in full in footnote 1, supra.”
Southwest Gas Corp. v. PUBLIC SERVICE COM'N OF NEV. (1976) nev “100(6) and NRS 704.120(1) ) the position of the Commission cannot be sustained.”
Public Service Commission v. Eighth Judicial District Court (1991) nev “110; NRS 704.120. Thus, the application was apparently filed May 16, 1991.”
Southwest Gas Corporation v. PUBLIC SERVICE COM'N (1970) nev “On March 27, 1968, the respondent determined that pursuant to NRS 704.120 and NRS 704.450, a hearing should be held to inquire *665 into the “practice, services, regulations, meter reading, billing and accounting of Southwest Gas Corporation with respect to its Northern Nevada…”
PUBLIC SERV. COM'N v. Eighth Jud. D. Ct. (1991) nev “110; NRS 704.120. Thus, the application was apparently filed May 16, 1991.”
State v. Zephyr Cove Water Co. (1978) nev “” NRS 704.120(1). A public utility is entitled to such rates as will permit it to earn a return on the value of the property which it employs for the convenience of the public equal to that generally being made at the same time and in the same general part of the country on…”
— Nev. Rev. Stat. § 704.120(1) — 2 cases
Southwest Gas Corp. v. PUBLIC SERVICE COM'N OF NEV. (1976) nev “100(6) and NRS 704.120(1) ) the position of the Commission cannot be sustained.”
State v. Zephyr Cove Water Co. (1978) nev “” NRS 704.120(1). A public utility is entitled to such rates as will permit it to earn a return on the value of the property which it employs for the convenience of the public equal to that generally being made at the same time and in the same general part of the country on…”
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