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NEVADA POWER CO. v. PUBLIC UTIL. COMM'N

No. 41492.

138 P.3d 486 (2006)

NEVADA POWER COMPANY, Appellant, v. PUBLIC UTILITIES COMMISSION OF NEVADA; MGM/Mirage; Southern Nevada Water Authority; and Attorney General's Bureau of Consumer Protection, Respondents. Attorney General's Bureau of Consumer Protection, Appellant, v. Nevada Power Company and Public Utilities Commission of Nevada, Respondents.

Supreme Court of Nevada.

Rehearing Denied August 30, 2006.

Attorney(s) appearing for the Case

Elizabeth Elliot, Reno; Lemons Grundy & Eisenberg and Robert L. Eisenberg, Reno; C. Stanley Hunterton, Las Vegas; Morris Pickering Peterson & Trachok and Steve L. Morris, Las Vegas; Colleen J. Rice-Saande, Las Vegas, for Appellant/Respondent Nevada Power Company.

George Chanos, Attorney General, and Ernest D. Figueroa, Timothy D. Hay, John P. Kelleher, and Eric P. Witkoski, Deputies Attorney General, Carson City, for Respondent/Appellant Attorney General's Bureau of Consumer Protection.

Beckley Singleton, Chtd., and Daniel F. Polsenberg and Jon B. Wellinghoff, Las Vegas, for Respondent MGM/Mirage.

Jan Cohen, Carson City; Richard L. Hinckley, Carson City, for Respondent Public Utilities Commission of Nevada.

Hale Lane Peek Dennison & Howard and Fred J. Schmidt, Carson City, for Respondent Southern Nevada Water Authority.

Before the Court En Banc.

OPINION

HARDESTY, J.

In these appeals, we examine whether the Public Utilities Commission of Nevada (PUCN) applied the proper legal analysis and reached conclusions based on substantial evidence in determining whether to allow Nevada Power Company to recoup approximately $922 million in energy purchase costs incurred from 1999-2001. The PUCN partially granted Nevada Power's application, allowing Nevada Power to recover approximately one-half of the...

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