Nevada Code § 704.021

Public utility or utility further defined
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Public utility or utility does not
include:
1. Persons engaged in the production and
sale of natural gas, other than sales to the public, or engaged in the
transmission of natural gas other than as a common carrier transmission or
distribution line or system.
2. Persons engaged in the business of
furnishing, for compensation, water or services for the disposal of sewage, or
both, to persons within this State if:
(a) They serve 25 persons or less; and
(b) Their gross sales for water or services for
the disposal of sewage, or both, amounted to $25,000 or less during the
immediately preceding 12 months.
3. Persons not otherwise engaged in the
business of furnishing, producing or selling water or services for the disposal
of sewage, or both, but who sell or furnish water or services for the disposal
of sewage, or both, as an accommodation in an area where water or services for
the disposal of sewage, or both, are not available from a public utility,
cooperative corporations and associations or political subdivisions engaged in
the business of furnishing water or services for the disposal of sewage, or
both, for compensation, to persons within the political subdivision.
4. Persons who are engaged in the
production and sale of energy, including electricity, to public utilities,
cities, counties or other entities which are reselling the energy to the
public.
5. Persons who are subject to the
provisions of NRS 590.465 to 590.645 , inclusive.
6. Persons who are engaged in the sale or
use of special fuel as defined in NRS
366.060 .
7. Persons who provide water from water
storage, transmission and treatment facilities if those facilities are for the
storage, transmission or treatment of water from mining operations.
8. Persons who are video service
providers, as defined in NRS 711.151 ,
except for those operations of the video service provider which consist of
providing a telecommunication service to the public, in which case the video
service provider is a public utility only with regard to those operations of
the video service provider which consist of providing a telecommunication
service to the public.
9. Persons who own or operate a net
metering system described in paragraph (c) or (d) of subsection 1 of NRS 704.771 .
10. Persons who own or operate a net
metering system or systems described in paragraph (a) of subsection 1 of NRS 704.771 and deliver electricity to
multiple persons, units or spaces on the premises if:
(a) The electricity is delivered only to persons,
units or spaces located on the premises on which the net metering system or
systems are located;
(b) The residential or commercial units or spaces
do not have individual meters measuring electricity use by an individual unit
or space; and
(c) Persons occupying the individual units or
spaces are not charged for electricity based upon volumetric usage at the
persons individual unit or space.
11. Persons who for compensation own or
operate individual systems which use renewable energy to generate electricity
and sell the electricity generated from those systems to not more than one
customer of the public utility per individual system if each individual system
is:
(a) Located on the premises of another person;
(b) Used to produce not more than 150 percent of
that other persons requirements for electricity on an annual basis for the
premises on which the individual system is located; and
(c) Not part of a larger system that aggregates
electricity generated from renewable energy for resale or use on premises other
than the premises on which the individual system is located.
As used in
this subsection, renewable energy has the meaning ascribed to it in NRS 704.7715 .
12. Persons who own, control, operate or
manage a facility that supplies electricity only for use to charge electric
vehicles.
13. Any plant or equipment that is used by
a data center to produce, deliver or furnish electricity at agreed-upon prices
for or to persons on the premises of the data center for the sole purpose of
those persons storing, processing or distributing data, but only with regard to
those operations which consist of providing electric service. As used in this
subsection, data center has the meaning ascribed to it in NRS 360.754 .

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