NAC703.160. Public notice of certain filings or proceedings.  


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  •      1. The Secretary shall cause public notice of each filing or proceeding described in subsection 10 to be published in the manner prescribed in this section. The publisher of the public notice shall, not later than 5 days after publication of the notice, provide to the Commission proof of the publication of the notice. The proof must include:

         (a) The name of the newspaper in which the notice was published;

         (b) The name of the county in which the notice was published;

         (c) A statement signed by the publisher that the newspaper in which the notice was published is a newspaper of general circulation in the county in which the notice was published; and

         (d) The date of the publication of the notice.

         2. Except as otherwise provided in this section, if the Secretary determines that the filing or proceeding will have:

         (a) A statewide effect, the Secretary shall cause the public notice to be published once in four or more newspapers of general circulation in this State, no two of which are published in the same county.

         (b) An effect on a limited number of counties, the Secretary shall cause the public notice to be published once in a newspaper of general circulation in each county affected. If there is no newspaper published in an affected county, the Secretary shall cause the public notice to be published once in a newspaper of general circulation in an adjoining county.

         3. The Secretary will post each business day on the Internet website of the Commission a current list of all public notices published pursuant to this section.

         4. The public notice must be an advertisement which is not less than 1 column inch by 3 inches, with a border on all sides, and must include, as appropriate:

         (a) At the beginning of the notice, a title that generally describes the relief requested or the type of proceeding scheduled;

         (b) The name of the applicant, complainant or petitioner or the name of the agent for the applicant, complainant or petitioner;

         (c) A brief description of the purpose of the filing or proceeding, including, without limitation, a clear and concise introductory statement that summarizes the relief requested or the type of proceeding scheduled and the effect of the relief or proceeding upon consumers;

         (d) The location where the filing is on file for the public or the location and time for the proceeding; and

         (e) The date by which persons must file comments, notices of intent to participate as a commenter or petitions for leave to intervene with the Commission.

    Ê The public notice must be published prominently so that it is reasonably calculated to notify affected persons.

         5. If the notice is:

         (a) A public notice for a hearing, the Secretary shall cause the notice of hearing to be:

              (1) Served on each party and published at least 10 days before the hearing is held; and

              (2) Posted at the principal office of the Commission at least 3 days before the hearing is held.

         (b) For a filing or a proceeding other than a hearing, the Secretary shall cause the public notice to be published in the appropriate newspapers not less than 3 working days before the proposal in the filing becomes effective or the proceeding is held.

         6. The applicant, complainant or petitioner shall timely pay the cost of the publication. If the applicant, complainant or petitioner fails to timely pay the cost of the publication, the Commission may, after notice and an opportunity to be heard and upon due consideration of all relevant circumstances, dismiss the applicable filing without prejudice, seek an administrative fine pursuant to NRS 703.380, or both dismiss the applicable filing without prejudice and seek an administrative fine.

         7. On a weekly basis, the Commission will cause to be published a summary of public notices concerning the filings and proceedings described in subsection 10. The summary of public notices will be published in the Sunday edition of a newspaper of general circulation in Carson City and such other newspapers as determined by the Secretary.

         8. If public notice of a filing or proceeding is published by the Secretary pursuant to this section, the Secretary’s notice shall be deemed to be legally sufficient public notice of the filing or proceeding, even if public notice in the summary of public notices is deficient or fails to be published pursuant to this section.

         9. If public notice of a filing or proceeding is published in the summary of public notices pursuant to this section, the public notice in the summary of public notices shall be deemed to be legally sufficient public notice of the filing or proceeding, even if the Secretary’s public notice is deficient or fails to be published pursuant to this section.

         10. Except as otherwise provided pursuant to subsection 12, the provisions of this section apply to the following filings or proceedings:

         (a) An application or tariff filing involving any authorization, expansion, reduction or curtailment of services, facilities or authority, any increase in rates, fares or charges, or any change in regulations.

         (b) A complaint filed with the Commission pursuant to NAC 703.651.

         (c) A petition.

         (d) A prehearing conference.

         (e) A workshop.

         (f) A consumer session.

         (g) A hearing.

         11. The provisions of this section do not apply to a quarterly adjustment to a base tariff energy rate or a quarterly adjustment to a deferred energy accounting adjustment made pursuant to NRS 704.110.

         12. The provisions of this section do not apply to a petition submitted to the Commission pursuant to NAC 703.290.

     [Pub. Service Comm’n, Gen. Order 3 § 9.040, eff. 1-1-79]—(NAC A 1-6-84; A by Pub. Utilities Comm’n by R047-02, 10-24-2002; R116-03, 10-30-2003; R202-05, 11-13-2006; R071-07, 10-31-2007; R136-07, 1-30-2008; R068-09, 11-25-2009; R076-11, 5-30-2012)