NAC704.7477. Discretionary services: Establishment or change of schedule of minimum and maximum rates or terms and conditions; protests; changes within approved range.

     1. When a small-scale provider of last resort proposes to establish or change its schedule of minimum and maximum rates or the terms and conditions for a new or existing discretionary service, it shall file with the Commission, along with the proposed schedule, a document containing a:

     (a) Summary of the proposed schedule and any changes therein; and

     (b) Statement of facts sufficient to establish and support the schedule and changes.

Ê The applicant has the burden of demonstrating that the application of the price range will not unfairly or unreasonably impede competition.

     2. Small-scale providers of last resort may adopt the price range for comparable service, if any, of another provider of last resort pursuant to NAC 704.68072, unless it is demonstrated that application of the price range to the operations of the small-scale provider of last resort is unreasonable. The applicant has the burden of demonstrating that the application of the price range will not unfairly or unreasonably impede competition.

     3. Protests against a proposed schedule must be filed within 30 days after publication of the notice issued by the Commission. The Commission will act upon a proposal within 60 days after it is filed. A request for a hearing or a protest must be sufficient to support a finding of the Commission that:

     (a) Authorizing the proposed schedule would cause substantial harm to the public interest; and

     (b) There is a likelihood that, after an investigation, the proposed schedule would be found to be unjust and unreasonable.

Ê If such a finding is made by the Commission and the proposed schedule is suspended, the Commission will immediately schedule a hearing on the matter.

     4. When a small-scale provider of last resort proposes to change any actual rate charged within the range of the approved minimum and maximum rates in the schedule, it shall:

     (a) Notify the public affected by the proposed changes:

          (1) By advertising the changes in a quarter page of a newspaper of general circulation in the market area 10 days before the changes take effect; or

          (2) According to a plan approved by the Commission.

     (b) File with the Commission a summary of the proposed changes. There must be attached to the summary:

          (1) The list of prices specifying the actual rates to be charged;

          (2) An affidavit indicating that an advertisement summarizing the proposed changes has been or will be published pursuant to subparagraph (1) of paragraph (a) or describing the plan of the small-scale provider of last resort to inform the public affected by the proposed changes if an advertisement in a newspaper is considered to be inappropriate; and

          (3) A description of the plan of the small-scale provider of last resort for responding to customers’ requests for changes in service.

     5. Proposed changes in rates within the range of approved minimum and maximum rates for an existing service:

     (a) Become effective on the date specified in the proposal, which must not be less than 10 days after it is filed with the Commission; and

     (b) Will not be suspended by the Commission.

     (Added to NAC by Pub. Service Comm’n, eff. 9-13-85; A 12-19-89; 10-25-95; A by Pub. Utilities Comm’n by R107-07, 12-4-2007; R136-07, 1-30-2008)