Judicial review: Requirements for injunction; burden of proof; filing bond to place into effect proposed changes in schedule of rates.
1. A court of competent jurisdiction, after hearing, may issue an injunction suspending or staying any final order of the Commission if:
(a) The applicant has filed a motion for a preliminary injunction;
(b) The applicant has served the motion on the Commission and other interested parties within 20 days after the rendition of the order on which the complaint is based;
(c) The court finds there is a reasonable likelihood that the applicant will prevail on the merits of the matter and will suffer irreparable injury if injunctive relief is not granted; and
(d) The applicant files a bond or other undertaking to secure the adverse parties in such manner as the court finds sufficient.
2. The decision of the Commission on each matter considered shall be deemed reasonable and just until set aside by the court. In all actions for an injunction or for any other relief, the burden of proof is upon the party attacking or resisting the order of the Commission to show by clear and satisfactory evidence that the order is unlawful or unreasonable.
3. If an injunction is granted by the court and the order complained of is one which:
(a) Disapproves a public utility’s proposed changes in a schedule of rates, or any part thereof, pursuant to NRS 704.061 to 704.110, inclusive; or
(b) Otherwise prevents the proposed changes in the schedule, or any part thereof, from taking effect,
Êthe public utility complaining may place into effect the proposed changes in the schedule, or any part thereof, pending final determination by the court having jurisdiction, by filing a bond with the court in such an amount as the court may fix, conditioned upon the refund to persons entitled to the excess amount if the proposed changes in the schedule, or any part thereof, are finally determined by the court to be excessive.
Last modified: February 26, 2006