Attorney general’s office makes another attempt to overturn NV Energy’s new demand charge
The Attorney General’s Bureau of Consumer Protection has made another attempt to overturn NV Energy’s newly approved demand charge, filing a petition for judicial review in court.
On Wednesday, the BCP filed a petition for judicial review in Clark County District Court in another attempt to overturn NV Energy’s demand charge. The petition claims ratepayers’ rights have been infringed on by the Public Utilities Commission of Nevada, which failed to meet statutory standards.
“The BCP asserts that ratepayers’ substantial rights have been prejudiced because the Commission’s findings of fact, conclusions of law, and decisions included in the Final Orders fail to meet the statutory standards,” stated the petition to the court.
“NV Energy believes the changes that were approved and reaffirmed by the Public Utilities Commission of Nevada are consistent with state law, and we will be following this filing closely,” the utility said in a statement.
This move comes after the BCP filed a petition for reconsideration with the PUCN in October, calling the demand charge “unlawful.” In November, the PUCN released a final order denying this petition, rebutting the BCP’s claims on all fronts, saying the demand charge is “an imperfect solution,” but held that it will give “customers another tool to make their bills more affordable.”
In the six-page document, the BCP doubled down on its claim the demand charge is in violation of a Nevada law that prohibits mandatory time-of-use rates for all customers.
The BCP is calling on the court to vacate the final order made by the commission in November and enter judgment “in favor of the BCP and against the (PUCN).”
According to the BCP, the final orders made in November are in violation of constitutional or statutory provisions; in excess of statutory authority of the commission; affected by other error of law; clearly erroneous in view of the reliable; made upon unlawful procedure; probative and substantial evidence on the whole record; or arbitrary and capricious or characterized by abuse of discretion.
The demand charge, which was approved by the PUCN in September, would add a new billing element for small commercial and residential ratepayers starting in April.
“The demand charge more accurately captures the cost of energy delivery,” NV Energy said in a statement. “It also helps to fix inequities between rooftop solar and non-rooftop solar customers. Because of the current billing structure, rooftop solar customers pay less than non-rooftop solar customers for the cost of service, shifting costs to non-rooftop solar customers.
“The recently approved demand charge helps fix the inequities caused by the current system, and helps ensure that customer bills more accurately reflect the cost it takes to provide them with service.”
Contact Emerson Drewes at edrewes@reviewjournal.com. Follow @EmersonDrewes on X.
