NRS703.085. Commissioners: Number required to act; number required to enter final order; appointment, powers and duties, terms of service and reappointment of Acting Commissioners.

      1.  All commissioners are required for the Commission to act in any matter involving:

      (a) A general rate application or an annual deferred energy accounting adjustment application of an electric utility or a public utility which purchases natural gas for resale; and

      (b) A plan of an electric utility to increase its supply of electricity or decrease the demands made on its system pursuant to NRS 704.741.

      2.  Except as otherwise provided in subsection 1, a majority of the commissioners has full power to act in all matters within the jurisdiction of the Commission.

      3.  Before the Commission may enter a final order on a matter, there must be at least the required number of commissioners who are able to act on the matter. If there are fewer than the required number of commissioners who are able to act on the matter because of disqualifications, illnesses, incapacities, vacancies that have not yet been filled, or any other reason, the Governor shall appoint the requisite number of persons to serve as acting commissioners in the place of the commissioners who are unable to act on the matter so that there are at least the required number of persons who are able to act on the matter, whether serving as a commissioner or an acting commissioner. If there are fewer than the required number of commissioners who are able to act on the matter because of disqualifications, illnesses, incapacities, vacancies that have not yet been filled, or any other reason, and the Governor has not appointed the requisite number of persons to serve as acting commissioners pursuant to this subsection, the Commission may designate a hearing officer appointed pursuant to subsection 7 of NRS 703.130 to serve as an acting commissioner.

      4.  Before the Governor may appoint a person to serve as an acting commissioner in the place of a commissioner who is unable to act on the matter, the person must be qualified to serve in the office of that commissioner as if the Governor were appointing the person to fill a vacancy in that office.

      5.  A person who is appointed or authorized to serve as an acting commissioner shall be deemed to be a commissioner and is entitled to exercise the powers of a commissioner only in proceedings before the Commission that involve the matter or matters for which the person is appointed or authorized to serve as an acting commissioner.

      6.  A person who is appointed to serve as an acting commissioner:

      (a) Is subject to all legal requirements and restrictions and enjoys all legal protections and immunities that apply to a commissioner and to state officers generally while the person is engaged in the business of the Commission as an acting commissioner; and

      (b) Is entitled to receive, for each day the person is engaged in the business of the Commission as an acting commissioner, a salary of $80 and the per diem allowance and travel expenses provided for state officers and employees generally. The person is not entitled to receive any other compensation for serving as an acting commissioner.

      7.  A person who is appointed to serve as an acting commissioner serves at the pleasure of the Governor. The appointment of the person expires:

      (a) On the date that the Governor declares that the appointment has expired; or

      (b) On the date that the matter or matters for which the person was appointed are no longer pending before the Commission,

Ê whichever date occurs earlier.

      8.  The Governor may reappoint a person to serve as an acting commissioner.

      (Added to NRS by 2003, 3023; A 2009, 608)