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PUC Nevada adopts permanent NAC chapter 455 regulations on subsurface-installation notifications
Summary
The Commission adopted proposed permanent regulations (docket 21-01028) to require an Association for operators to compile reports and streamline notifications regarding subsurface installations; Commissioner Brown disclosed prior involvement with AT&T but said AT&T's recommendations were not adopted.
Hearing Officer Kraino presented docket 21-01028, an investigation and rulemaking to adopt permanent revisions to Nevada Administrative Code chapter 455 related to notification duties, preparation of reports, and other matters for operators and excavators. The proposed regulations require an Association for operators to compile certain reports requested by staff, require an operator to notify the Association upon completion of marking subsurface installations, and require the Association to notify excavators once all relevant operators have confirmed marking is complete.
Commissioner Brown disclosed a prior role in developing these regulations while with AT&T, saying on the record that she participated in the development but that AT&T's recommendations were not adopted. Brown stated she would vote to support the regulation as drafted, calling it the result of a robust stakeholder process. The Commission voted to adopt the proposed regulation as permanent and issue the appropriate order.
Why it matters: The change is intended to reduce unnecessary wait time for excavators and standardize reporting and notification among operators and an Association of operators. The regulations affect operators of subsurface installations and excavators across jurisdictions governed by NAC chapter 455.
Key excerpt from the record: "The proposed order before you adopts the regulations as permanent," Hearing Officer Kraino said. Commissioner Brown said she would vote to support the regulations and disclosed prior participation: "I intend to vote on item 3a ... I participated in these regulations development in my previous role with AT and T. However, as the order notes, AT and T's recommendations were not adopted."
Next steps: The Commission directed staff to finalize the order adopting the regulation as drafted and issue the appropriate order. Any future changes to the notification process would require further rulemaking or regulatory filings.
