Utility Regulation Overview Presentation

OVERVIEW

You

PUCNUtility

Rights, Responsibilities, Capabilities

THE PUBLIC UTILITIES COMMISSION OF NEVADA (PUCN) Established by state law in 1911 Supervises and regulates the operation and

maintenance of public utilities An independent body balancing the interests of

ratepayers and utilities:◦ CUSTOMERS: just & reasonable rates◦UTILITIES: a fair return on its investments

Mission: enable universal access to affordable, efficient, safe, and reliable utility service in Nevada

(NRS 704.001)

The PUCN is a regulatory body, not a legislative body

It does not establish laws or policies, but it does follow the laws and policies set by the state legislature

Proceedings of the PUCN are “quasi-judicial” and very similar to a courtroom

THE PUBLIC UTILITIES COMMISSION OF NEVADA (PUCN)

WHICH UTILITIES ARE REGULATED?

Electric* Natural gas* Water and wastewater service* Gas and electric “master meter” service at mobile

home parks Telephone (only local, landline) Some propane systems (only single source, single

dwelling) Also involved in monitoring gas pipelines, railroad

safety, and excavation near underground installations*(except for municipal systems, co-operatives, and General Improvement Districts)

WHO SERVES ON THE PUCN?

Three Commissioners appointed by the Governor for terms of four years

Persons who have at least two years of experience in one or more areas of:◦Accounting, Business Administration, Finance or

Economics, Administrative Law, Professional Engineering

WHO SERVES ON THE PUCN?

Alaina Burtenshaw: ◦ Appointed by Governor Gibbons on January 18, 2010◦ Appointed Chairwoman by Governor Sandoval February 2,

2011◦ Term expires September 30, 2013

Rebecca Wagner: ◦ Appointed by Governor Guinn on June 19, 2006◦ Reappointed by Governor Gibbons◦ Term expires September 30, 2011

Luis Valera ◦ Appointed by Governor Sandoval on February 8, 2011◦ Term expires September 30, 2012

THE WORK OF THE PUCN

Regulates nearly 400 gas, electric, telecommunications, water, and wastewater utilities in Nevada, along with gas pipeline and railroad safety issues

THE WORK OF THE PUCN

On average, the PUCN handles 100 to 150 cases or more at any given moment throughout the year

All proceedings are open to attendance by the public; nothing is deliberated or decided behind closed doors

Format and opportunity for comment varies◦Three levels

THE WORK OF THE PUCN

THE WORK OF THE PUCN

Four primary types of cases:◦Contested Cases ◦Rulemakings ◦Investigations◦Annual Filings/Uncontested Matters

THE WORK OF THE PUCN

Contested Cases ◦Include: rate change applications requests for action on certain matters

◦Usually require a Prehearing Conference and Hearing

While open to public attendance, members of the public are not entitled to speak or present evidence

THE WORK OF THE PUCN

Rulemakings ◦Focus on changing or adding to the Nevada

Administrative Code (NAC)◦Usually requires at least one public Workshop

and one Hearing Workshop: No deliberation or legal

determinations made (re: issuing an order), but the rulemaking topic is discussed. The public may attend

THE WORK OF THE PUCN

Investigatory Dockets: ◦Either required by Legislature or opened by

Commission◦Fact or data finding, for the benefit of

commission ◦Not necessarily acted upon at the time, but

may be utilized or referred to in future dockets ◦Public may attend

THE WORK OF THE PUCN

Annual Filings/Uncontested Matters: ◦Filings or actions required by statute or

regulation, but do not require hearings because there are no real contested issues for which to take evidence Example: regulated utilities have to file

updates, annual reports, etc.

RATE CASES

General Rate Application: when a utility requests a change in the energy rate it charges. Utility is required by law to file every three years (NRS 704.110).

RATE CASES

Deferred Energy Rate Application: A rate filing made to recover or refund the difference between revenue from energy rates and the actual cost for fuel and power purchased by the utility

Utility is not allowed to profit. At the conclusion of these cases, PUCN establishes a deferred energy credit (or charge) and sets a new energy rate (NRS 704.110)

RATE CASES

Application is submitted Pre-hearing Conference Consumer session(s): Public has opportunity to

comment, and to ask questions of utility and PUCN Hearings: Utility, Bureau of Consumer Protection, and

sometimes other parties submit evidence and offer sworn testimony, as well as comments. Presided over by a hearing officer (one of the Commissioners). Ultimately, a Draft Order is created.

RATE CASES

Agenda Meeting: ◦ Commissioners (or a quorum) vote after review of

evidence and sworn testimony as contained in the draft order that came from the hearing

◦Order may be approved in whole or in part, or approved with changes, or denied

◦ Public comment at the beginning and end of every regular agenda

◦Agendas often (but not always) the final step or ‘act’ by the commission on a docket. There may be ‘motions to reconsider’ or ‘compliances’ not yet achieved that keep a docket open.

Ideally – Attend Consumer Sessions◦General Consumer Sessions◦Rate Cases◦Non-Rate Cases

PUBLIC INVOLVEMENT

More Information on Commenting◦ Comments are not evidence◦ Comment provides for informed decisions by the

PUCN, but decisions are based on evidence and sworn testimony, and in accordance to state law

◦ To file an official comment in a docket File within timeframe outlined by the notice,

AND Indicate you are a “commenter” Otherwise, comments go into a general

comments file (and are not considered to be part of the file for that case)

PUBLIC INVOLVEMENT

More Information on Commenting◦Request to be included on “service lists” to be

provided with notices regarding specific cases (form available on puc.nv.gov)

◦ Contact Consumer Outreach Director

PUBLIC INVOLVEMENT

The Bureau of Consumer Protection (Office of the Attorney General) functions as the consumer advocate – it is your voice before the Commission. ◦ Advocate for reliable public utility service at the lowest reasonable

cost, particularly for residential and small business customers. ◦ Represents the public interest before the PUCN, as well as federal

utility regulatory agencies, courts and all other forums with jurisdiction over Nevada public utilities.

◦ Do not typically deal with individual cases◦ Contact: Office of the Attorney General, 100 North Carson Street,

Carson City, NV 89701, (775) 684-1100; 555 East Washington Avenue Suite 3900, Las Vegas, NV 89101, (702) 486-3420

◦ ag.state.nv.us

YOU SHOULD KNOW

The PUCN Consumer Bill of Rights◦ Are contained in the “tariffs”◦ Designed to make it easy to obtain utility services and keep

those services ◦ Recognizes that utilities provide vital services which must be

made available to all

SERVICE AND BILLING:WHAT RIGHTS DO YOU HAVE?

Eliminates deposits unless customer has poor credit history

Limits size of deposit and allows for installment payments Requires utilities to offer budget billing program Requires payment plans for needy customers Offers special protection for the elderly and handicapped Postpones service termination when health is at risk Provides third party notice prior to service termination Allows customers to apply for service via phone or mail

PUCN CONSUMER BILL OF RIGHTS

Read the “tariffs.” Tariffs are the rules that govern utility service, and spell out the rights and responsibilities of ratepayers and utilities. If you believe a utility has violated one of these rules, then you have grounds for a complaint.

RULE 7! (Or, visit online): ◦www.nvenergy.com◦www.swgas.com◦www.centurylink.com

Call PUCN Consumer Complaint Division

EDUCATE YOURSELF: TARIFFS

‘The cheapest unit of energy is the one you never use . . .’ US Department of Energy – Energy Efficiency and

Renewable Energy◦ www.energysavers.gov

U.S. Environmental Protection Agency and the U.S. Department of Energy “Energy Star” ◦ www.energystar.gov

Energy Tips from NV Energy: ◦ www.nvenergy.com

Energy Tips from SWG: ◦ www.swgas.com

EDUCATE YOURSELF: CONSERVATION

811 is the national number designated by the Federal Communications Commission to help protect do-it-yourselfers, landscapers and contractors from unintentionally hitting underground utility lines while working on digging projects – large and small

EDUCATE YOURSELF: Call Before You Dig

PUCN Consumer Complaint Division◦ Have you attempted to resolve the problem with the utility? ◦ Does the PUCN regulate the company? ◦ What are the grounds for your complaint? ◦ How should you file your complaint?

Most complaints that the PUCN handles are by phone. These informal complaints are normally handled within one day of receipt. You can also call for information regarding utility service, or to file a protest against a utility: Las Vegas: (702) 486-2600 Reno/Carson City: (775) 684-6100 ALSO: puc.nv.gov (Comment/Complaint Form)

YOU HAVE A BILLING OR SERVICE COMPLAINT . . . WHAT SHOULD YOU DO?

Thank You.

For more information:(702) 486-2600

Las Vegas

(775) 684-6100Carson City

puc.nv.gov