NAC704.6265. Placement of utility in receivership.

     1. Any interested person may file a petition with the Commission to request that the Commission consider taking action to have a utility whose rates are subject to the jurisdiction of the Commission as set forth in NRS 704.095 placed in receivership. A petition filed with the Commission pursuant to this subsection must be served on the utility, the Regulatory Operations Staff, the Consumer’s Advocate and the Bureau of Health Protection Services of the Division of Public and Behavioral Health of the Department of Health and Human Services and must be accompanied by proof of service. The Commission may, on its own motion, initiate an investigation into whether such a utility should be placed in receivership.

     2. The Commission will issue a public notice of a petition filed pursuant to subsection 1. The utility that is the subject of the notice of petition may file an answer to the petition within the time set forth in the notice.

     3. On its own motion, upon the request of the utility or upon the request of any interested person who has filed comments pursuant to a notice of petition, the Commission will hold a hearing to determine whether the Commission should take action to have the utility placed in receivership.

     4. In considering whether to take action to have the utility placed in receivership, the Commission may consider:

     (a) Whether the utility has complied with a written plan for the replacement or expansion of the plant of the utility that has been approved by the Commission;

     (b) Whether the utility is providing reasonably adequate service;

     (c) Whether the operation of the utility is affecting the public health in a detrimental manner;

     (d) Whether the utility can meet its financial obligations; or

     (e) Any other factor that may become apparent from a petition, answers filed thereto, or evidence gathered at the hearing.

     (Added to NAC by Pub. Utilities Comm’n by R079-99, eff. 11-16-99; A by R036-10, 12-16-2010)