LAS VEGAS (FOX5) — A Clark County district court judge ruled NV Energy can move forward with plans to implement a new billing structure, despite opposition from the Nevada Attorney General’s Office and solar advocates.
District Court Judge Mary Kay Holthus said the utility could proceed with the demand charge after hearing arguments from attorneys representing the Public Utilities Commission of Nevada, NV Energy, the Bureau of Consumer Protection and Vote Solar.
The demand charge bases a customer’s daily rate on the 15 minutes in which they use the most electricity.
Opponents said the rate structure violates state law and that the PUCN lacked the legal authority to approve it.
Attorney general announces appeal
After hours of debate, Holthus ruled the demand charge could move forward. She acknowledged her decision might not stand.
“I see my role very limited, and I don’t have much room,” Holthus said. “Whether I agree or disagree isn’t what matters, and there will be, whichever way I go, there will be a court above us that will tell us whether I got it right or wrong.”
Attorney General Aaron Ford announced he would appeal moments after Holthus announced her ruling.
“In the middle of a cost-of-living crisis, it is outrageous for big utility companies to drop yet another expense on Nevadans’ shoulders in the form of the unlawful demand charge,” Ford said in a statement. “This price hike would force hundreds of dollars in new costs onto families who are already stretched thin. The court got it wrong, and I will be appealing its ruling to the Nevada Supreme Court.”
Ford said the lawsuit is “far from over.”
NV Energy has pushed back implementation of the new rate structure until January 2027. The utility said the delay will give it time to educate customers on how to get the most savings from the change.
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