- Definitions
- Annual Report Filings
- Docket Noticing
- Filing an Annual Report
- Annual Report Filing Deadlines
- Annual Report Forms
- Oath
- Should the oath be filed separately with the public version?
- Confidential Materials
- Confidential Version
- Protective Agreements
- Once submitted to staff, must the provider await approval by Staff Counsel before being allowed to file their annual report confidentially?
- Helpful Hints
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1. Definitions
- PUCN: Public Utilities Commission of Nevada.
- Staff: Staff refers to the Regulatory Operations staff of the Commission. Staff is a separate party to proceedings and makes recommendations to the Commission.
- Staff Counsel: Staff Counsel is legal counsel to Staff.
- Protective Agreement or PA: A PA is a legal agreement between the utility company and Staff that binds the parties to the specific and protected handling of the confidential material being requested confidential treatment in association with the annual report filing.
2. Annual Report Filings
Annual reports from regulated public utilities are to be filed with the PUCN in a docket. Annual report dockets will be administratively opened by the PUCN in January each year. The dockets will be numbered the same each year, with the first two digits representing the year. For example, for calendar year 2015, annual report docket numbers are:
- 16-01002 (electric, natural gas, liquefied petroleum gas, geothermal, alternative sellers of natural gas and railroad)
- 16-01003 (water and wastewater)
- 16-01004 (mobile home parks)
- 16-01005 (telecommunications)
In 2017, the dockets for calendar year 2016 annual reports will be numbered:
- 17-01002 (electric, natural gas, liquefied petroleum gas, geothermal, alternative sellers of natural gas and railroad)
- 17-01003 (water and wastewater)
- 17-01004 (mobile home parks)
- 17-01005 (telecommunications)
3. Docket Noticing
A notice for each annual report docket will be issued by the PUCN and mailed to regulated public utilities. It is important that the address your public utility has on file with the PUCN is current or you may not receive the notice. Please contact the PUCN immediately when there is a change of address.
Notices for annual reports from mobile home parks, which are due to be filed with the PUCN not later than March 30, will be issued by the PUCN in January each year. Notices for annual reports for all other reporting companies (electric, natural gas, alternative sellers of natural gas, liquefied petroleum gas, geothermal, telecommunication providers, commercial mobile radio service providers that are eligible telecommunication carriers, water and wastewater companies, and railroad companies), which are due to be filed with the PUCN not later than May 15, will be issued by the PUCN in February each year.
Notices will not be published in newspapers, but will be mailed to each regulated public utility and included on the PUCN’s website in the applicable docket. The notices will include instructions for filing annual reports within the assigned dockets, filing deadlines and information about the filing of confidential materials. The notices are the only notification the PUCN will provide regarding the filing of annual reports. Forms will not be mailed to regulated public utilities unless you contact the PUCN and request a copy of the form to be mailed to you.
All annual reports filed with the PUCN are considered public records and are open and available for public viewing unless filed pursuant to Nevada Administrative Code (NAC) 703.5274.
4. Filing an Annual Report
Regulated public utilities may file annual reports one of three ways:
- Electronically
- By mail
- In person
Instructions for filing reports electronically are available on the PUCN’s website under the tab “Filings and Fees†on the home page. If mailing or delivering the filing in person, the PUCN office addresses are: 1150 East William Street, Carson City, NV 89701, or 9075 West Diablo Drive, Suite 250, Las Vegas, NV 89148. Please be sure to reference the appropriate docket number on your report.
5. Annual Report Filing Deadlines
Electric, natural gas, alternative sellers of natural gas, liquefied petroleum gas, geothermal, telecommunication providers, commercial mobile radio service providers that are eligible telecommunication carriers, water and wastewater companies, and railroad public utilities are required to file an annual report with the PUCN each year no later than May 15 for the previous calendar year. There is no grace period.
Mobile home parks are required to file an annual report with the PUCN each year no later than March 30 for the previous calendar year. There is no grace period. In 2015, Assembly Bill 74 was passed into law. This law changed the requirements for certain manufactured home parks or mobile home parks to file an annual report with the PUCN. Beginning with annual reports for calendar year 2015 (which are filed in 2016), the only parks that are required to file an annual report are those that 1) maintain a tenant service charge account and/or 2) are billed by a utility and in turn charge tenants for utility service. Click on the link below to find out whether your park is required to file an annual report. If your park appears on the list, it is required to file an annual report. If your park does not appear on the list, your park is not required to file an annual report.
Jurisdictional Mobile Home Parks List
6. Annual Report Forms
Regulated public utilities and mobile home parks are required to file their annual report on forms prepared by the PUCN. Annual report forms are available on the PUCN’s website. On the home page, select the “Utilities†tab, then select the “Annual Reports†tab. The forms are listed by utility type. The annual report forms are revised from time to time in response to regulatory or legislative changes. Forms should be downloaded each time they are to be used as submittal of an out-of-date form may cause the report to be rejected.
Annual Report Forms
7. Oath
Nevada Revised Statute (NRS) 703.193 requires that annual reports be filed with the PUCN under oath by the proper officer, agent or person responsible for submitting the report, record or statement. The oath does not need to be notarized.
8. Should the oath be filed separately with the public version?
Yes. Only confidential material should be included in a confidential filing pursuant to the requirements in NAC 703.5274. All non-confidential material relating to the filing should be provided in the public filing.
9. Confidential Materials
If you believe information contained in your annual report filing should not be subject to public disclosure, you must follow the requirements of NAC 703.5274 to request confidential treatment of that information by the PUCN, including:
- Submitting a redacted, public version of your report with all information claimed to be confidential redacted.
- Submitting an unredacted, confidential version of your report.
- Execution of a PA with Staff.
10. Confidential Version
The unredacted, confidential version should be submitted on pink paper and filed in a sealed envelope with a cover letter requesting confidential treatment pursuant to NAC 703.5274. The cover letter must also include the appropriate docket number.
If you have additional questions about the filing of confidential materials, please contact the PUCN’s General Counsel’s office at (775) 684-6108.
11. Protective Agreements
Any person requesting confidential treatment of any information in their annual report filing must execute a PA with the PUCN’s Staff pursuant to NAC 703.5274. A copy of the PA is mailed along with the annual report notice and is also available on the PUCN’s website on the home page under the “Annual Report†tab. If you have additional questions about the PA, please contact Staff Counsel’s office at (775) 684-6141.
The PA must be returned to Staff prior to or at the same time as the submission of the redacted and unredacted versions of your annual report, and may be included with submission of the unredacted version of your annual report. If the executed PA is sent after the filing of the annual report, it could delay Staff’s review of the annual report. Once the PA is executed (fully signed), it is effective for five years and need not be submitted again until the end of the five-year period.
12. Once submitted to staff, must the provider await approval by Staff Counsel before being allowed to file their annual report confidentially?
There is no need to await Staff Counsel approval of the PA. The PA is always accepted by Staff upon receipt. Annual reports may be filed confidentially but cannot be reviewed and accepted by Staff without an executed (fully signed) PA.
13. Helpful Hints
Do not wait until the due date to file your annual report. If you wait until the due date to file and the annual report is rejected, you will not have adequate time to re-file a new report timely and may be subject to an action by the PUCN which could include fines or other penalties.