LAS VEGAS (KTNV) — A Nevada nonprofit organization and the Attorney General's Bureau of Consumer Protection are challenging the Public Utilities Commission of Nevada in court after the organization approved new NV Energy policies.
Vote Solar is a nonprofit advocacy group that focuses on state policies affecting solar and clean energy solutions. According to their petition for judicial review, they are questioning the PUCN's decision to approve two separate policies:
- A new daily demand charge for residential and small business customers in Southern Nevada
- A new 15-minute net metering policy for rooftop solar customers in Northern Nevada
In the petition, Vote Solar officials claim the PUCN's final decisions are:
- In violation of constitutional or statutory provisions
- In excess of the statutory authority of the Commission
- Made upon unlawful procedure
- Affected by other error of law
- Clearly erroneous in view of the reliable, probative and substantial evidence on the record
- Arbitrary or capricious or characterized by abuse of discretion
“The PUCN’s decision is a major step backward for Nevada’s clean energy future,” said Chauntille Roberts, Regional Director at Vote Solar. “Nevada deserves energy policies that protect consumers, expand access to solar, and move our state forward—not backward.”
The Attorney General Office's Bureau of Consumer Protection has filed a separate petition for judicial review.
"The demand charge rate structure (if permitted to be implemented), the 15-minute NEM netting methodology, and the approved affiliate charges result in rates that are unjust, unreasonable, and unlawful in contravention of NRS 704.040, and undermine the Commission's fundamental duty under NRS 704.001 to provide utility ratepayers with just and reasonable rates," the filing states in part.
The filing also states commissioners approved $2.7 million worth of affiliate charges that ratepayers would cover.
"The Commission's decision concerning affiliate charges is belied by the record as the evidence in this docket demonstrates that NPC failed to provide any evidence, let alone substantial evidence, sufficient to support the recovery of an aggregate of $2.7 million," the filing states. "Not only is the $2.7 million in affiliate charges unsupported by actual charges, it is also unreasonable and an unsupported monetary number, resulting in the Commission's decision being arbitrary and capricious."
No future court hearings have been scheduled for that case, as of Friday morning.
Channel 13 has reached out to NV Energy and the PUCN to see if they would like to comment on the petition.
NV Energy sent the following statement to us.
"NV Energy believes the changes that were approved and reaffirmed by the Public Utilities Commission of Nevada are consistent with state law, and we will be following this filing closely.
The demand charge more accurately captures the cost of energy delivery. It also helps to fix inequities between rooftop solar and non-rooftop solar customers. Because of the current billing structure, rooftop solar customers pay less than non-rooftop solar customers for the cost of service, shifting costs to non-rooftop solar customers.
Between 2018 and 2024, the total cost shift born by non-rooftop solar customers in Southern Nevada is $424 million. The total subsidy in Southern Nevada in 2025 is expected to grow by an additional $80 million, based on expected growth for the rest of the year.
The recently approved demand charge helps fix the inequities caused by the current system, and helps ensure that customer bills more accurately reflect the cost it takes to provide them with service."
As of the time this article was published, we have not heard back from the PUCN.
In September, the PUCN approved the new rate model, which has sparked controversy among many Southern Nevadans who claim this will make their energy bills continue to go up.
"It's painful. I just wanted to express concern as a private citizen that corporate America is going to do what it's going to do to maintain profits and dividends," Las Vegas local Joel Tauber told us in October.
"Why can a monopoly, a utility monopoly, dictate how I live in my residence," retiree Jody Rodarmal told us in September. "If you believe there's not going to be any increase, then why go to a new style of billing?"
SEPTEMBER 2025: NV Energy's new billing structure sparks concern among Las Vegas residents
How would the daily demand charge work?
According to NV Energy, the daily demand charge will be calculated by taking the highest amount of energy used in a 15-minute period each day and multiplying it by the current kilowatt-per-hour rate.
That charge will then be added to your bill. For the average customer, NV Energy estimates this will amount to roughly $20 per month.
WATCH: Ryan Ketcham explains NV Energy's new daily demand charge
In past statements to Channel 13, NV Energy officials have stressed the rate increase requests are intended to recoup the costs of projects it undertakes to shore up the power grid.
However, there have been questions about that over the last year after scandals involving overcharging customers and trying to pass on the costs of things like luxury hotels, travel, and liquor to ratepayers, including a $1.2 million tab at Red Rock Resort.
According to NV Energy, Nevada customers already pay a lower average rate than the rest of the country. Through June 2025, the company says its rates were 22% lower than the U.S. average and 60% lower than in California.