704.6644  Facility for treatment of water acquired and constructed by county: Public utility’s use of water treatment services provided by facility authorized; Commission’s approval of agreement for use required.

1.  A public utility must not be required to use the water treatment services provided by a facility acquired and constructed or to be acquired and constructed by the county pursuant to NRS 244.3661 without the consent of the public utility and the Commission.

2.  A public utility that supplies water within the boundaries of a county may enter into an agreement with that county to use the water treatment services provided by a facility acquired and constructed or to be acquired and constructed by the county pursuant to NRS 244.3661. The term of the agreement may be for more than 1 fiscal year. Any such agreement must be approved by the Commission before it becomes effective.

3.  The Commission shall not approve an agreement executed pursuant to this section unless it determines that:

(a) The agreement provides that the water treatment services of the facility will be available for use by the public utility for as long as the public utility holds a certificate of public convenience and necessity to provide service as a water utility within the boundaries of the county;

(b) The basis for payment of the expenses of operating and maintaining the facility provided in the agreement is reasonable and just; and

(c) The agreement will serve the public interest.

(Added to NRS by 1991, 1942)