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SIERRA PAC. POWER v. STATE DEP'T OF TAX.

No. 61193.

338 P.3d 1244 (2014)

SIERRA PACIFIC POWER COMPANY and Nevada Power Company, jointly doing business as NV Energy, Appellants, v. The STATE of Nevada DEPARTMENT OF TAXATION; and Clark County, Respondents.

Supreme Court of Nevada.

December 4, 2014.

Attorney(s) appearing for the Case

John S. Bartlett , Carson City, for Appellants.

Catherine Cortez Masto , Attorney General, and Gina C. Session , Senior Deputy Attorney General, Carson City, for Respondent State of Nevada Department of Taxation.

Steven B. Wolfson , District Attorney, and Paul D. Johnson , Deputy District Attorney, Clark County, for Respondent Clark County.

Norman J. Azevedo , Carson City; Jones Day and Charles C. Read , Los Angeles, California, for Amicus Curiae Southern California Edison Company.

Reese Kintz Brohawn, LLC, and Ryan W. Herrick , Incline Village, for Amicus Curiae Council on State Taxation.

BEFORE THE COURT EN BANC.

OPINION

Appellants Sierra Pacific Power Company and Nevada Power Company, doing business jointly as NV Energy, bring coal into Nevada to produce electricity. Pursuant to NRS Chapter 372, NV Energy pays a use tax for its coal consumption. NRS 372.270 exempts from the use tax the sale, storage, or use of...

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