Kenny happy question on Nevada Power stays on ballot

Friday, Sept. 6, 2002 | 9:23 a.m.

CARSON CITY -- Nevada Power Co. officials said they are disappointed, but Clark County Commissioner Erin Kenny said she is delighted that the Nevada Supreme Court has allowed residents to vote on an advisory question of a public takeover of the utility.

"I'm thrilled," Kenny said. "The rights of the people have been vindicated."

Nevada Power and its associates issued a statement that said, "Although we are disappointed, we certainly respect the court's ruling."

The court said Thursday it would not grant emergency relief to remove the question from the ballot. It also denied a petition to strike the advisory questions on the Clark County ballot concerning secondhand smoke. One asks the voters whether the state should approve laws banning smoking from places frequented by children, such as grocery stores, restaurants and government buildings. The second asks whether local health districts should make decisions on where smoking should be prohibited.

There was no immediate comment from the Nevada Retail Gaming Association, the Retail Association of Nevada or the Nevada Petroleum Marketers and Convenience Store Association, which filed the lawsuit.

The Southern Nevada Water Authority board has voted to authorize a $3.2 billion offer to buy Nevada Power, and the Clark County Commission has placed an advisory question on the November election ballot asking whether a local government should take over the privately owned utility.

"There seems to be a groundswell of support by people who are unhappy with Nevada Power and they want to take a long hard look at the question," Kenny said.

Kenny, a candidate for lieutenant governor, said people see the vote as a fundamental right.

"When somebody tries to get in the way, the people do not react kindly," she said.

State Consumer Advocate Tim Hay said, "We have advocated, regardless of your position on public versus private power, for the citizens to have a vote."

He said it was a "bizarre" legal strategy for Nevada Power and its associates to try to stop the public advisory vote by going to the state Supreme Court.

The suit to block the question appearing on the ballot was brought by the utility, the Nevada Taxpayers Association, Utility Shareholders of Nevada, the International Brotherhood of Electrical Workers Local 396 and the Nevada Manufacturers Association.

Their statement regarding the court's ruling said, "During the coming weeks leading up to the November election, we are hopeful that the public will become fully informed with regard to the meaning of the ballot question.

"Most importantly, they should be fully aware that the 'locally controlled not-for-profit public utility' referred to in the question would actually be a government-run entity."

Lawyers for the group, in their petition to the Supreme Court, said the County Commission exceeded its authority in putting the purchase question on the ballot and that the wording on the ballot was deceptive and misleading.

The question on the ballot asks voters whether the Legislature should "take appropriate action to enable the electrical energy provider for Southern Nevada to be locally controlled, not-for-profit public utility."

Larry Lomax, Clark County registrar of voters, said he was relieved by the two decisions, given the tight printing deadline for the November election ballots.

"Today's action lifts a huge burden from our shoulders," Lomax said. "This means that we can now move forward unimpeded with printing the ballot questions."