NRS702.160. Amount of charge; duty to pay; exemptions for certain activities; collection; duties of public utilities and municipal utilities; duties of certain retail customers; cap; refunds.

      1.  Except as otherwise provided in this section and NRS 702.150, each retail customer shall pay:

      (a) A universal energy charge of 3.30 mills on each therm of natural gas that the retail customer purchases from another person for consumption in this State; and

      (b) A universal energy charge of 0.39 mills on each kilowatt-hour of electricity that the retail customer purchases from another person for consumption in this State.

      2.  The provisions of subsection 1 do not apply to:

      (a) Any therm of natural gas used as a source of energy to generate electricity.

      (b) Any kilowatt-hour of electricity used in industries utilizing electrolytic-manufacturing processes.

      3.  If a retail customer uses the distribution services of a public utility or municipal utility to acquire natural gas or electricity that is subject to the universal energy charge, the public utility or municipal utility providing the distribution services shall:

      (a) Collect the universal energy charge from each such retail customer;

      (b) Ensure that the universal energy charge is set forth as a separate item or entry on the bill of each such retail customer; and

      (c) Not later than 30 days after the end of each calendar quarter, remit to the Commission the total amount of money collected by the public utility or municipal utility for the universal energy charge for the immediately preceding calendar quarter.

      4.  If a retail customer does not use the distribution services of a public utility or municipal utility to acquire natural gas or electricity that is subject to the universal energy charge, not later than 30 days after the end of each calendar quarter, the retail customer shall remit to the Commission the total amount of money owed by the retail customer for the universal energy charge for the immediately preceding calendar quarter.

      5.  If, during a calendar quarter, a single retail customer or multiple retail customers under common ownership and control pay, in the aggregate, a universal energy charge of more than $25,000 for all consumption of natural gas and electricity during the calendar quarter, such retail customers are entitled to a refund, for that calendar quarter, of the amount of the universal energy charge that exceeds $25,000. To receive a refund pursuant to this section, not later than 90 days after the end of the calendar quarter for which the refund is requested, such retail customers must file with the Commission a request for a refund. If a request for a refund is filed with the Commission:

      (a) The Commission shall determine and certify the amount of the refund; and

      (b) The refund must be paid as other claims against the State are paid from money in the Fund.

      (Added to NRS by 2001, 3232)