704.410 - Transfer of certificate: Authorization of Commission required; hearing required for certain transfers; power of Commission to dispense with hearing for certain transfers; factors considered;
704.410 Transfer of certificate: Authorization of Commission required; hearing required for certain transfers; power of Commission to dispense with hearing for certain transfers; factors considered; effectiveness of certificate after transfer.
1. Any public utility subject to the provisions of NRS 704.001 to 704.7595, inclusive, to which a certificate of public convenience and necessity has been issued pursuant to NRS 704.001 to 704.7595, inclusive, may transfer the certificate to any person qualified under NRS 704.001 to 704.7595, inclusive. Such a transfer is void and unenforceable and is not valid for any purpose unless:
(a) A joint application to make the transfer has been made to the Commission by the transferor and the transferee or the transfer is incident to a transaction that is subject to an application under NRS 704.329 approved by the Commission; and
(b) The Commission has authorized the substitution of the transferee for the transferor. If the transferor is an electric utility, the Commission shall not authorize the transfer unless the transfer complies with the provisions of NRS 704.7561 to 704.7595, inclusive.
2. The Commission:
(a) Shall conduct a hearing on a transfer involving an electric utility. The hearing must be noticed and conducted in the same manner as other contested hearings before the Commission.
(b) May direct that a hearing be conducted on a transfer involving any other public utility. If the Commission determines that such a hearing should be held, the hearing must be noticed and conducted in the same manner as other contested hearings before the Commission. The Commission may dispense with such a hearing if, upon the expiration of the time fixed in the notice thereof, no protest to the proposed transfer has been filed by or on behalf of any interested person.
3. In determining whether the transfer of a certificate of public convenience and necessity to an applicant transferee should be authorized, the Commission must take into consideration:
(a) The utility service performed by the transferor and the proposed utility service of the transferee;
(b) Other authorized utility services in the territory for which the transfer is sought;
(c) Whether the transferee is fit, willing and able to perform the services of a public utility and whether the proposed operation will be consistent with the legislative policies set forth in NRS 704.001 to 704.7595, inclusive; and
(d) Whether the transfer will be in the public interest.
4. The Commission may make such amendments, restrictions or modifications in a certificate upon transferring it as the public interest requires.
5. No transfer is valid beyond the life of the certificate transferred.
[Part 36 1/2:109:1919; A 1925, 243; 1947, 743; 1955, 407]—(NRS A 1963, 815; 1969, 1159; 1971, 1118; 1985, 316; 1989, 727; 1997, 3042; 2001, 350; 2007, 704)