Lawmaker and UNLV Professor Challenge NV Energy's Daily Demand Charge

Argue the new billing method is not legal and should not be implemented

Apr. 3, 2026 at 5:40am

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A minimalist illustration using bold geometric shapes and primary colors to conceptually represent the complex issues surrounding an electricity rate structure that may unfairly impact certain customer groups.An abstract illustration representing the debate over NV Energy's controversial daily demand charge and its potential impact on Nevada residents and small businesses.Las Vegas Today

A Nevada state lawmaker and a UNLV law professor are speaking out against NV Energy's upcoming daily demand charge, claiming the new billing method is not legal and should not be implemented. They argue the charge penalizes residential and small business customers who cannot spread their electricity usage throughout the day, violating a 2013 state law that prohibited rates based on time-of-day usage.

Why it matters

The daily demand charge is a controversial new billing structure that could significantly impact many Nevada residents and small businesses, especially those with limited flexibility in their electricity usage patterns. The legal challenge raises questions about the authority of utility companies to implement such charges and the role of state lawmakers in protecting consumer interests.

The details

NV Energy had planned to implement the new daily demand charge starting this week, but delayed it until January 2027 following public pushback. The charge is based on a customer's peak 15-minute usage during the day, which Assemblymember David Orentlicher argues penalizes those who cannot spread out their electricity use. Orentlicher, who also teaches law at UNLV, says a 2013 state law prohibited rates based on time-of-day usage to prevent customers from being unfairly impacted. NV Energy maintains it is working with regulators to ensure compliance with Nevada law, but the charge is being challenged in court. Orentlicher plans to sponsor a bill on fair customer rates during the next legislative session starting in February 2027.

  • NV Energy had planned to implement the daily demand charge starting this week.
  • The charge has been delayed until January 2027 following public pushback.
  • The next Nevada legislative session starts in February 2027.

The players

David Orentlicher

A Nevada state Assemblymember who represents District 20 and is also a law professor at UNLV. He argues the daily demand charge is not legal and plans to sponsor a bill on fair customer rates.

NV Energy

The electric utility company in Nevada that is implementing the new daily demand charge, which has been delayed until January 2027 following public pushback.

Public Utilities Commission of Nevada

The state regulatory body that NV Energy says it is working with to ensure compliance with Nevada law regarding the daily demand charge.

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What they’re saying

“'Some people will be hit much harder, people who are already struggling to pay their electricity and other bills. And that's why in 2013, the legislature prohibited rates and charges that were based on the time of day that you incurred them. We don't want people to have to worry. If I have to use more electricity in a specific period of time, it'll cost me more.'”

— David Orentlicher, Nevada Assemblymember and UNLV Law Professor

“'NV Energy remains committed to complying with all applicable Nevada laws and regulatory requirements and will continue to work through the established regulatory process to address outstanding issues.'”

— NV Energy

What’s next

The daily demand charge is being challenged in court, and if implemented in January 2027, Assemblymember Orentlicher plans to sponsor a bill on fair customer rates during the next Nevada legislative session starting in February 2027.

The takeaway

This case highlights the ongoing tension between utility companies, regulators, and lawmakers over electricity pricing structures. It raises questions about the authority of utilities to implement charges that may disproportionately impact certain customer groups, and the role of state legislatures in protecting consumer interests through laws and oversight.