Demand charge opponents lose second round in two days, vow to appeal

The effort to derail NV Energy’s peak demand charge on residential and small businesses in Southern Nevada and changes to net metering credit calculations in Northern Nevada suffered a legal setback Wednesday – the second of the week. 

Judge Jason D. Woodbury of Nevada’s First District Court in Carson City, denied a petition for judicial review submitted by Vote Solar, which argued the Public Utilities Commission of Nevada lacked authority to implement the changes, which were approved last year by the PUC as part of the utility’s application for a $119 million rate hike. 

Vote Solar, a non-profit organization that advocates for clean energy, argued NV Energy’s plan will increase rates and dissuade investment in solar energy. 

The utility says it was directed by the PUC to reduce an estimated $50 million annual subsidy paid by full-service ratepayers on behalf of rooftop solar customers. 

“This demand charge is not a real solution, and this case dismissal does not yet determine whether it will ultimately be allowed,” Brad Heusinkveld of Vote Solar said in a news release Thursday. “We remain committed to advancing fair, affordable energy policies that expand access to clean energy and lower costs for everyone.” 

Judge sides with NV Energy but peak demand case ‘far from over,’ says Ford

On Tuesday, Clark County Judge Mary Kay Holthus rejected the same arguments in a petition for judicial review sought by the Attorney General’s Bureau of Consumer Protection. 

Both parties are vowing to appeal their respective cases, and Attorney General Aaron Ford, who is running in the Democratic primary for governor and hoping to take on Gov. Joe Lombardo, is making the demand charge political. In a news release Thursday, Ford notes that the PUC commissioners who approved the demand charge are Lombardo appointees.

“While Lombardo continues to rake in fat checks from the utility companies, I will continue fighting to stop them from raising Nevadans’ bills by hundreds of dollars a year.” Ford said, adding NV Energy and Southwest Gas contributed $40,000 to Lombardo in 2025 and through the first quarter of this year. 

“The Public Utilities Commission acts independently and created this new rate design without political intervention from the Governor. As two courts affirmed this week, the new rate design is intended to reduce power bills for the vast majority of Nevadans. If Aaron Ford wants to reverse this policy and increase people’s power bills, he should be honest with everyone and tell them why,”Lombardo’s campaign said in a statement.

Ford’s gubernatorial effort could be buoyed by an appeal of the case, say experts. The last time a Democrat defeated an incumbent Republican governor was in 1982, when Richard Bryan focused his campaign on the cost of electricity from Nevada Power, which later became NV Energy. Bryan defeated the Republican, Gov. Robert List.

Note: This story was updated with comment from Lombardo’s campaign.