NRS 704.890
Grant or denial of permit: Required findings

  • conditions and modifications.

1.

Except as otherwise provided in subsection 3, the Commission may not grant a permit for the construction, operation and maintenance of a utility facility, either as proposed or as modified by the Commission, to a person unless it finds and determines:

(a)

The nature of the probable effect on the environment;

(b)

If the utility facility emits greenhouse gases and does not use renewable energy as its primary source of energy to generate electricity, the extent to which the facility is needed to ensure reliable utility service to customers in this State;

(c)

That the need for the facility balances any adverse effect on the environment;

(d)

That the facility represents the minimum adverse effect on the environment, considering the state of available technology and the nature and economics of the various alternatives;

(e)

That the location of the facility as proposed conforms to applicable state and local laws and regulations issued thereunder and the applicant has obtained, or is in the process of obtaining, all other permits, licenses, registrations and approvals required by federal, state and local statutes, regulations and ordinances;

(f)

That the surplus asset retirement plan filed pursuant to NRS 704.870:

(1)

Complies with federal, state and local laws;

(2)

Provides for the remediation and reuse of the facility within a reasonable period; and

(3)

Is able to be reasonably completed under the funding plan contained in the application; and

(g)

That the facility will serve the public interest.

2.

If the Commission determines that the location of all or a part of the proposed facility should be modified, it may condition its permit upon such a modification. If the applicant has not obtained all the other permits, licenses, registrations and approvals required by federal, state and local statutes, regulations and ordinances as of the date on which the Commission decides to issue a permit, the Commission shall condition its permit upon the applicant obtaining those permits and approvals.

3.

The requirements set forth in paragraph (g) of subsection 1 do not apply to any application for a permit which is filed by a state government or political subdivision thereof.

4.

As used in this section, “renewable energy” has the meaning ascribed to it in NRS 704.7715.

Source: Section 704.890 — Grant or denial of permit: Required findings; conditions and modifications., https://www.­leg.­state.­nv.­us/NRS/NRS-704.­html#NRS704Sec890.

704.820
Short title.
704.825
Declaration of legislative findings and purpose.
704.830
Definitions.
704.834
“Appropriate federal agency” defined.
704.840
“Commence to construct” defined.
704.842
“Environmental review” defined.
704.845
“Local government” defined.
704.848
“Other permitting entity” defined.
704.850
“Person” defined.
704.855
“Public utility” and “utility” defined.
704.860
“Utility facility” defined.
704.863
Applicability.
704.865
Permit required to construct utility facility
704.870
Requirements for filing application: Form and contents
704.871
Approval of application for utility facility not intended to serve customers in State.
704.873
Commission has exclusive jurisdiction to determine need for utility facilities of certain public utilities
704.875
Review of application by Division of Environmental Protection of State Department of Conservation and Natural Resources.
704.877
Duty to accept and incorporate findings and conclusions of environmental review that already has been conducted
704.880
Power of Commission to dispense with hearing for certain applications
704.885
Parties to proceeding for permit
704.890
Grant or denial of permit: Required findings
704.891
Reports to be filed with Commission by person holding permit who is not public utility.
704.893
Limitations on purchase of capacity of utility facility by certain public utilities.
704.895
Rehearing
704.897
Effect of provisions on jurisdiction of Commission over public utilities serving retail customers in State.
704.900
Cooperation with other states and Federal Government.
704.8905
Grant or denial of application: Time within which Commission and other permitting entities must act
Last Updated

Jun. 24, 2021

§ 704.890’s source at nv​.us