NAC702.380. Request for refund.

     1. Except as otherwise provided in NAC 702.370, a single retail customer or multiple retail customers under common ownership and control that have paid the universal energy charge may:

     (a) Request a refund of any amount paid for the universal energy charge which exceeds $25,000 for a calendar quarter;

     (b) Request a refund of any amount paid for the universal energy charge on:

          (1) Any therm of natural gas used as a source of energy to generate electricity; or

          (2) Any kilowatt-hour of electricity used in industries utilizing electrolytic-manufacturing processes; or

     (c) Request a refund of the universal energy charge for any other lawful reason.

     2. To request a refund pursuant to this section, not later than 90 calendar days after the end of the calendar quarter for which the refund is requested, the single retail customer or multiple retail customers under common ownership and control must:

     (a) Complete a request for refund on the appropriate form obtained from the Commission; and

     (b) Submit the completed request for refund to the Commission and include with the completed request for refund all the following:

          (1) A statement setting forth the amount of the refund requested based upon quantities of natural gas and electricity billed during the calendar quarter.

          (2) A statement setting forth all grounds upon which the request for refund is based.

          (3) All evidence relied upon to support the request for refund, including copies of bills, documents and affidavits, evidence of full payment of bills and any other information or documentation requested by the Commission.

          (4) A signed release authorizing the Commission or its Regulatory Operations Staff to request and receive a payment history for the affected accounts for the relevant calendar quarter or calendar quarters from any UEC collector.

          (5) A statement, signed under penalty of perjury, that:

               (I) The request for refund is made in good faith;

               (II) The person submitting the request for refund is authorized to make the request for refund on behalf of the single retail customer or multiple retail customers under common ownership and control; and

               (III) The request for refund does not duplicate or seek a refund on the same ground as or of the same payment as any previously submitted request for refund, unless the request for refund is expressly identified as an amendment of or otherwise relates directly to a previously submitted request for refund.

     3. If a request for refund is submitted properly, the Commission will:

     (a) Review and make a determination on the request for refund;

     (b) Certify the amount of the refund, if any; and

     (c) Provide a written copy of its determination and any certification to:

          (1) The person submitting the request for refund on behalf of the single retail customer or multiple retail customers under common ownership and control; and

          (2) The Division of Welfare and Supportive Services to process payment of the refund, if any.

     4. All refunds certified by the Commission must be paid from the Fund without interest.

     (Added to NAC by Pub. Utilities Comm’n by R124-01, eff. 12-17-2001; A by R210-03, 5-21-2004)