Section 703.423 - Application for permit when no federal agency required to conduct environmental analysis; amended application after final environmental assessment or environmental impact statement issued by federal agencyAn application filed with the Commission pursuant to subsection 1 of NRS 704.870 for a permit to construct a utility facility where no federal agency is required to conduct an environmental analysis of the proposed utility facility, or an application filed with the Commission pursuant to paragraph (b) of subsection 2 of NRS 704.870 for a permit to construct a utility facility where a federal agency has issued either its final environmental assessment or final environmental impact statement, but not the record of decision or similar document, relating to the construction of the proposed utility facility, must contain the following information in the order listed:
1. A description of the location of the proposed utility facility as required by subsection 1 of NRS 704.870, including: (a) A general description of the location of the proposed utility facility, including a regional map that identifies the location of the proposed utility facility;(b) A legal description of the site of the proposed utility facility, with the exception of electric lines, gas transmission lines, and water and wastewater lines, for which only a detailed description of the site is required; and(c) Appropriately scaled site plan drawings of the proposed utility facility, vicinity maps and routing maps.2. A description of the proposed utility facility, including:(a) The size and nature of the proposed utility facility;(b) The natural resources that will be used during the construction and operation of the proposed utility facility;(c) Layout diagrams of the proposed utility facility and its associated equipment;(d) Scaled diagrams of the structures at the proposed utility facility; and(e) A statement concerning whether the proposed utility facility is an electric generating plant or the associated facilities of an electric generating plant that uses renewable energy as its primary source of energy to generate electricity.3. A copy and summary of any studies which have been made of the environmental impact of the proposed utility facility as required by subsection 1 of NRS 704.870.4. A description of any reasonable alternate locations for the proposed utility facility, a description of the comparative merits or detriments of each location submitted, and a statement of the reasons why the location is best suited for the proposed utility facility, as required by subsection 1 of NRS 704.870.5. A copy of the public notice of the application and proof of the publication of the public notice, as required by subsection 4 of NRS 704.870.6. Proof that a copy of the application has been submitted to the Nevada State Clearinghouse within the State Department of Conservation and Natural Resources.7. An explanation of the nature of the probable effect on the environment, including: (a) A reference to any studies described in subsection 3, if applicable; and(b) An environmental statement that includes: (1) The name, qualifications, professions and contact information of each person with primary responsibility for the preparation of the environmental statement;(2) The name, qualifications, professions and contact information of each person who has provided comments or input in the preparation of the environmental statement;(3) A bibliography of materials used in the preparation of the environmental statement; and(4) A description of: (I) The environmental characteristics of the project area existing at the time the application is filed with the Commission;(II) The environmental impacts that the construction and operation of the proposed utility facility will have on the project area before mitigation; and(III) The environmental impacts that the construction and operation of the proposed utility facility will have on the project area after mitigation. The data and analyses in the descriptions must be commensurate with the degree of the anticipated impacts.
8. Unless, pursuant to paragraph (b) of subsection 1 of NRS 704.890, the proposed utility facility is exempt from the requirement that the Commission find and determine the extent to which the proposed utility facility is needed to ensure reliable utility service to customers in this State, an explanation of the extent to which the proposed utility facility is needed to ensure reliable utility service to customers in this State, including:(a) If the proposed utility facility was approved in a resource plan or an amendment to a resource plan, a reference to the previous approval by the Commission; or(b) If the proposed utility facility was not approved in a resource plan or an amendment to a resource plan, a description of the extent to which the proposed utility facility will: (1) Provide utility service to customers in this State;(2) Enhance the reliability of utility service in this State; and(3) Achieve interstate benefits by the proposed construction or modification of transmission facilities in this State, if applicable.9. An explanation of how the need for the proposed utility facility as described in subsection 8 balances any adverse effects on the environment as described in subsection 7.10. An explanation of how the proposed utility facility represents the minimum adverse effect on the environment, including:(a) The state of available technology;(b) The nature of various alternatives; and(c) The economics of various alternatives.11. An explanation of how the location of the proposed utility facility conforms to applicable state and local laws and regulations, including a list of all permits, licenses and approvals required by federal, state and local statutes, regulations and ordinances. The explanation must include a list that indicates: (a) All permits, licenses and approvals the applicant has obtained, including copies thereof; and(b) All permits, licenses and approvals the applicant is in the process of obtaining to commence construction of the proposed utility facility. The applicant must provide an estimated timeline for obtaining these permits, licenses and approvals.12. An explanation of how the proposed utility facility will serve the public interest, including: (a) The economic benefits that the proposed utility facility will bring to the applicant and this State;(b) The nature of the probable effect on the environment in this State if the proposed utility facility is constructed;(c) The nature of the probable effect on the public health, safety and welfare of the residents of this State if the proposed utility facility is constructed; and(d) The interstate benefits expected to be achieved by the proposed electric transmission facility in this State, if applicable.Nev. Admin. Code § 703.423
Added to NAC by Pub. Utilities Comm'n by R076-07, eff. 10-31-2007; A by R001-10, 4-20-2010; R072-13, 12-23-2013NRS 703.025, 704.210, 704.870