§ 704.870 — Requirements for filing application: Form and contents; procedure when federal agency is required to conduct environmental analysis; time for filing application; service; public notice

Nevada § 704.870

• Jurisdiction: Nevada
• Title 58: ENERGY; PUBLIC UTILITIES AND SIMILAR ENTITIES
• Ch. 704: Regulation

Text

1. Except as otherwise provided in subsection 2, a person who wishes to obtain a permit for a utility facility must file with the Commission an application, in such form as the Commission prescribes, containing:
(a) A description of the location and of the utility facility to be built thereon;
(b) A summary of any studies which have been made of the environmental impact of the facility;
(c) A description of any reasonable alternate location or locations for the proposed facility, a description of the comparative merits or detriments of each location submitted, and a statement of the reasons why the primary proposed location is best suited for the facility; and
(d) A surplus asset retirement plan as described in subsection 2 of NRS 704.734 for the decommissioning, removal, remediation and disposition of the utility facility after it ceases to operate, including a description of the manner in which the plan will be funded.
Ê A copy or copies of the studies referred to in paragraph (b) must be filed with the Commission and be available for public inspection.
2. If a person wishes to obtain a permit for a utility facility and a federal agency is required to conduct an environmental analysis of the proposed utility facility, the person must:
(a) Not later than the date on which the person files with the appropriate federal agency an application for approval for the construction of the utility facility, file with the Commission and each other permitting entity a notice, in such a form as the Commission or other permitting entity prescribes; and
(b) Not later than 30 days after the issuance by the appropriate federal agency of either the final environmental assessment or final environmental impact statement, but not the record of decision or similar document, relating to the construction of the utility facility:
(1) File with the Commission an application that complies with the provisions of subsection 1; and
(2) File with each other permitting entity an application for a permit, license or other approval for the construction of the utility facility.
3. A copy of each application filed with the Commission must be filed with the Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources.
4. Each application filed with the Commission must be accompanied by:
(a) Proof of service of a copy of the application on the clerk of each local government in the area in which any portion of the facility is to be located, both as primarily and as alternatively proposed; and
(b) Proof that public notice thereof was given to persons residing in the municipalities entitled to receive notice pursuant to paragraph (a) by the publication of a summary of the application in newspapers published and distributed in the area in which the utility facility is proposed to be located.
5. Not later than 5 business days after the Commission receives an application pursuant to this section, the Commission shall issue a notice concerning the application. Any person who wishes to become a party to a permit proceeding pursuant to NRS 704.885 must file with the Commission the appropriate document required by NRS 704.885 within the time frame set forth in the notice issued by the Commission pursuant to this subsection.

Legislative History

(Added to NRS by 1971, 556 ; A 1973, 1263 ; 1981, 662 ; 1985, 2299 ; 1997, 5 , 1915 ; 2001, 2987 ; 2003, 1258 ; 2013, 3211 ; 2015, 2217 )