NRS704.997. Alternative plan of regulation for utility that supplies natural gas: Requirements; regulations; applicability of statutory provisions; use of name or logo by affiliate; sale of service relating to supply of natural gas by unlicensed alternative seller unlawful.

      1.  Except as otherwise provided in this section, upon the receipt of a specific request for an exemption by a public utility that supplies natural gas, the Commission may, to the extent it deems necessary, exempt any service offered by the public utility from the strict application of one or more provisions of this chapter. Such an exemption may be made only upon a determination by the Commission, after notice and an opportunity for a hearing, that the service is competitive, discretionary or potentially competitive.

      2.  The Commission shall adopt regulations necessary to establish an alternative plan of regulation of a public utility that supplies natural gas and that is otherwise subject to regulation pursuant to the provisions of this chapter. The alternative plan may include, but is not limited to, provisions that:

      (a) Allow adjustment of the rates charged by the public utility during the period in which the utility elects the alternative plan of regulation.

      (b) Except as otherwise provided in this section, specify the provisions of this chapter that do not apply to a public utility which elects to be regulated under the alternative plan.

      (c) Provide for flexibility of pricing for services that are discretionary, competitive or potentially competitive.

      3.  A public utility that elects to be regulated under the alternative plan established pursuant to this section:

      (a) Remains subject to the provisions of NRS 704.033, 704.035 and 704.9985; and

      (b) Is not subject to the remaining provisions of this chapter to the extent specified pursuant to this section.

      4.  In providing a potentially competitive service, an affiliate of a provider of a noncompetitive service may use the name or logo, or both, of the provider of noncompetitive service.

      5.  It is unlawful for an alternative seller to sell any service relating to the supply of natural gas to a customer for the customer’s consumption within this State without first having obtained a license from the Commission to do so.

      (Added to NRS by 1997, 1902; A 1999, 3271; 2003, 3030)