NAC704.68072. Classification of service as discretionary or competitive based on classification of comparable service.

     1. If a small-scale provider of last resort requests that a service be classified as discretionary or competitive, the Commission may, in lieu of the factors specified in NAC 704.68068 and 704.6807, consider whether a comparable service offered by another small-scale provider of last resort or a competitive supplier before May 31, 2007, has been classified as discretionary or competitive. If the requester can demonstrate that a comparable service provided by a small-scale provider of last resort or a competitive supplier before May 31, 2007, has been classified as discretionary or competitive, and that it is reasonable to apply that classification to service provided by the requester, the requested classification may be authorized. The requester has the burden of demonstrating that the classification will not unfairly or unreasonably impede competition.

     2. A small-scale provider of last resort shall include in its regulated results of operation:

     (a) All revenues and costs associated with services related to inside wiring pursuant to NAC 704.681 to 704.683, inclusive, and yellow pages; and

     (b) All revenues and costs associated with services classified as discretionary or competitive pursuant to this section.

     (Added to NAC by Pub. Service Comm’n, eff. 10-25-95; A by Pub. Utilities Comm’n by R186-97, 1-30-98; R136-07, 1-30-2008)