NAC703.491. Commenters: Conditions and scope of participation in proceedings.

     1. A person who is not a party to a proceeding may participate in the proceeding as a commenter if:

     (a) The person has a direct and substantial interest in the proceeding but the person does not desire to participate in the proceeding as an intervener; or

     (b) The person does not have a direct and substantial interest in the proceeding to participate in it as an intervener but the person desires to file written comments concerning issues in the proceeding.

     2. To participate in the proceeding as a commenter, the person must file with the Commission a notice of intent to participate as a commenter. If the person files such notice, the Commission will place the person on the service list maintained by the Commission, and the person will receive from the Commission copies of Commission-issued pleadings in the proceeding.

     3. Each person who participates in the proceeding as a commenter:

     (a) Must be styled a “commenter” in all pleadings;

     (b) Is not a party of record; and

     (c) Is limited to filing written comments in the proceeding pursuant to subsection 4.

     4. Before the beginning of the hearing in the proceeding, each commenter may file with the Commission written comments concerning issues in the proceeding. The written comments will be made part of the record of the proceeding, but the written comments will not be treated as evidence.

     5. A commenter is not a party of record to the proceeding, and a commenter shall not take any action that only a party of record may take, including, without limitation, presenting or cross-examining witnesses, conducting discovery, filing a petition for reconsideration or rehearing or seeking judicial review of a decision of the Commission.

     6. If, during the pendency of the proceeding, a commenter claims to have a direct and substantial interest in the proceeding and desires to participate in the proceeding as an intervener, the commenter may file a petition for leave to intervene with the Commission pursuant to NAC 703.578 to 703.600, inclusive. If the petition for leave to intervene is filed with the Commission after the applicable period set forth in NAC 703.590, the petition must state a substantial reason for the delay as required by that section.

     (Added to NAC by Pub. Utilities Comm’n by R047-02, eff. 10-24-2002; A by R010-05, 9-7-2005)