NRS278.26506. Petition for review of decision of planning commission or governing body by Public Utilities Commission of Nevada; judicial review; regulations.

      1.  An applicant for the issuance of a special use permit for the construction of any utility project or for the construction of a renewable energy generation project with a nameplate capacity of 10 megawatts or more who:

      (a) Believes that the decision of the planning commission or governing body to approve or deny the applicant’s application was not timely; or

      (b) Disagrees with any conditions imposed by the special use permit issued by the planning commission or governing body,

Ê may, in the manner prescribed by the Public Utilities Commission of Nevada by regulation, petition the Public Utilities Commission of Nevada to review the decision of the planning commission or governing body.

      2.  A petition submitted to the Public Utilities Commission of Nevada pursuant to this section must include:

      (a) The name, mailing address and telephone number of the petitioner;

      (b) The name of the planning commission or governing body to whom the petitioner applied for a special use permit;

      (c) A statement of the decision of the planning commission or governing body from which review is sought;

      (d) A statement of the resolution sought by the petitioner;

      (e) A statement of the legal basis for the resolution sought by the petitioner;

      (f) A copy of the application and all supporting documents submitted by the petitioner to the planning commission or governing body;

      (g) A copy of each document issued by the planning commission or governing body relating to the application; and

      (h) Any other information required by the Public Utilities Commission of Nevada.

      3.  In any proceeding before the Public Utilities Commission of Nevada concerning a petition submitted pursuant to this section, the parties:

      (a) Must include:

             (1) The petitioner;

             (2) The planning commission or governing body whose decision is the subject of the petition; and

             (3) The Regulatory Operations Staff of the Public Utilities Commission of Nevada; and

      (b) May include:

             (1) The Bureau of Consumer Protection in the Office of the Attorney General, upon the filing by the Bureau of Consumer Protection of a notice to intervene; and

             (2) Any other person or entity that participated in any proceeding before the planning commission or governing body relating to the application for the issuance of a special use permit, if the person or entity petitions the Public Utilities Commission of Nevada for, and is granted, leave to intervene.

      4.  Not later than 150 days after receiving a petition to review the decision of a planning commission or governing body, the Public Utilities Commission of Nevada shall issue an order:

      (a) Approving the decision of the planning commission or governing body;

      (b) Directing the planning commission or governing body to issue a special use permit with such terms and conditions as the Public Utilities Commission of Nevada determines are reasonable; or

      (c) Directing the planning commission or governing body to modify the terms and conditions of a special use permit in the manner prescribed by the Public Utilities Commission of Nevada.

      5.  An order issued by the Public Utilities Commission of Nevada pursuant to this section is final for the purposes of judicial review.

      6.  The Public Utilities Commission of Nevada shall adopt such regulations as it determines necessary to carry out the provisions of this section.

      (Added to NRS by 2013, 3214)