Friday, September 10, 2021 - Las Vegas-Full Court
SOUTHWEST GAS CORP. VS. PUB. UTILITIES COMM'N OF NEV.
Docket Number: 80911
Las Vegas - 10:00 A.M. - En Banc
Public utilities are private companies, but the state government sets the maximum rates they can charge. The government cannot make this rate too low: utilities are entitled to a fair rate of profit, after prudent expenses, on their prudent investments. But it is not always obvious which expenses and investments are prudent, or what rate is ultimately fair. The Public Utilities Commission (PUC) decides those questions in the first instance, subject to judicial review. In this case, the PUC decided that Southwest Gas Corporation (SWG) did not prove that certain investments and expenses were prudent, and also that a 9.25% rate of return was fair. SWG argues that it should not have had to provide evidence that those costs were prudent until another party produced specific evidence that they were imprudent. SWG also argues that the rate of return is too low and is unfair. Finally, SWG argues that a court deciding these questions should not defer to the PUC’s factfinding, even in very complex and technical cases, but should analyze the record independently (called de novo review).
ISSUES:
The district court affirmed the PUC’s order. SWG appeals.
Disclaimer:
This synopsis is intended to provide only general information about this case before the Nevada Supreme Court. It is not intended to be all-inclusive or reflect all positions of the parties. To access the documents that have been filed in this matter, type the docket number into the court’s case search page: https://caseinfo.nvsupremecourt.us/public/caseSearch.do
CANARELLI VS. DIST. CT. (CANARELLI)
Docket Number: 82299
Las Vegas - 11:30 A.M. - En Banc
Petitioner Scott Canarelli petitions this court to reinstate Judge Gloria Sturman to resolve his trust dispute. Chief Judge Linda Bell disqualified Judge Sturman for reviewing attorney notes that this court determined were privileged in Canarelli v. Eighth Judicial District. Court, 136 Nev. 247, 464 P.3d 114 (2020).
ISSUES:
In his petition, Scott argues Kirksey v. State, 112 Nev. 980, 923 P.2d 1102 (1996) controls judicial disqualifications and Judge Sturman did not exhibit the favoritism or antagonism required to disqualify her here. The parties also dispute what standard of review applies.
Disclaimer:
This synopsis is intended to provide only general information about this case before the Nevada Supreme Court. It is not intended to be all-inclusive or reflect all positions of the parties. To access the documents that have been filed in this matter, type the docket number into the court’s case search page: https://caseinfo.nvsupremecourt.us/public/caseSearch.do