NRS704A.180. Statement by governing body of basis for apportionment of costs by assessments; study of costs by public utility; joint report of results of study; costs of joint report.

      1.  Within 15 days after the receipt of a petition to establish a service district, each public utility corporation other than the municipality shall notify the municipality of the receipt of the petition and shall request the municipality to notify the public utility corporation of the basis to be used by the municipality in the apportionment of the costs related to the installation of the facility underground to be defrayed by special assessments levied against the specially benefited lots within the proposed service district if the facilities of the public utility corporation therein are to be placed underground pursuant to this chapter.

      2.  Within 30 days of the receipt by the municipality of each such request, or, if the public utility corporation is the municipality, the petition, the local governing body shall state, by resolution, the basis for the apportionment of those costs by assessments against the specially benefited lots, subject to the provisions of subsections 5 and 6 of NRS 704A.240, and shall forthwith cause a certified true copy of the resolution pertaining to each public utility corporation requesting the basis of assessments to be furnished thereto.

      3.  Within 120 days after receipt of the basis for assessments, or, if the public utility corporation is the municipality, after the adoption of the resolution, each public utility corporation serving the area shall:

      (a) Make a study of the cost of providing new underground electric and communication facilities or conversion of its facilities in the area to underground service.

      (b) Make available in its office to the petitioners and to all owners of real property within the proposed service district a joint report of the results of the study of the public utility corporations affected.

      4.  If a public utility corporation subject to the jurisdiction of the Public Utilities Commission of Nevada determines as a result of the study that installation of the proposed service is not economically or technically feasible, it may, with the concurrence of the Public Utilities Commission of Nevada, so state in the joint report and proceed no further toward installation of the proposed service. This chapter does not require the Public Utilities Commission of Nevada to participate in preparation of the joint report referred to in this section.

      5.  If a public utility corporation is a city or county and if it determines as a result of the study that installation of the proposed service is not economically or technically feasible, it may, with the concurrence of its governing body, as provided by resolution, so state in the joint report and proceed no further toward installation of the proposed service.

      6.  Except for the facilities of each public utility corporation described in subsection 4 or 5, if any, the joint report must:

      (a) Contain an estimate of the costs to be assessed to each lot of real property located within the proposed service district for the construction of new facilities or conversion of facilities within public places.

      (b) Indicate the estimated cost to be assessed to each lot of real property for placing underground the facilities of the public utility corporation located within the boundaries of each lot.

      (c) Indicate the estimated cost, if any, to be borne by the public utility corporation for any facilities to be provided by it and which remain its property rather than becoming property of owners of individual lots, as provided by regulations of the Public Utilities Commission of Nevada in the case of a public utility corporation other than a city or county, and, in the case of any public utility corporation, by any other applicable laws, ordinances, rules or regulations.

      7.  The costs of preparing the joint report must be borne by the public utility corporation or corporations whose electric or communication facilities are to be included in the proposed service district unless the governing body orders the establishment of the service district, in which event the costs must be included in the costs of the service district.

      (Added to NRS by 1971, 1234; A 1973, 473; 1979, 712; 1997, 1918, 2550; 1999, 572, 575)