Nev. Rev. Stat. § 704B.010 Definitions.
As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 704B.020 to 704B.140, inclusive, have the meanings ascribed to them in those sections.
PROVIDERS OF NEW ELECTRIC RESOURCES
Nev. Rev. Stat. 704B
in effectNev. Rev. Stat. § 704B.020 Ancillary services defined.
Ancillary services means those generation services that:
1. Are necessary to support the transmission of energy and capacity from resources to loads while maintaining reliable operation of the transmission system of the electric utility; and
2. Are defined and established in applicable transmission tariffs on file with the Federal Energy Regulatory Commission.
Nev. Rev. Stat. § 704B.030 Calendar quarter defined.
Calendar quarter means each period of 3 consecutive calendar months ending on March 31, June 30, September 30 and December 31 in each calendar year.
Nev. Rev. Stat. § 704B.040 Commission defined.
Commission means the Public Utilities Commission of Nevada.
Nev. Rev. Stat. § 704B.045 Consumers Advocate defined.
Consumers Advocate means the Consumers Advocate of the Bureau of Consumer Protection in the Office of the Attorney General.
Nev. Rev. Stat. § 704B.050 Electric utility defined.
1. Electric utility means any public utility or successor in interest that:
(a) Is in the business of providing electric service to customers;
(b) Holds a certificate of public convenience and necessity issued or transferred pursuant to chapter 704 of NRS; and
(c) In the most recently completed calendar year or in any other calendar year within the 7 calendar years immediately preceding the most recently completed calendar year, had a gross operating revenue of $250,000,000 or more in this state.
2. The term does not include a cooperative association, nonprofit corporation, nonprofit association or provider of electric service which is declared to be a public utility pursuant to NRS 704.673 and which provides service only to its members.
Nev. Rev. Stat. § 704B.080 Eligible customer defined.
Eligible customer means an end-use customer which is:
1. A nongovernmental commercial or industrial end-use customer that:
(a) Was an end-use customer of an electric utility at any time before June 12, 2019; and
(b) Has an average annual load of 1 megawatt or more in the service territory of an electric utility.
2. A governmental entity, including, without limitation, a governmental entity providing educational or health care services, that:
(a) Was an end-use customer of an electric utility at any time before June 12, 2019;
(b) Performs its functions using one or more facilities which are operated under a common budget and common control; and
(c) Has an average annual load of 1 megawatt or more in the service territory of an electric utility.
3. A governmental entity, including, without limitation, a governmental entity providing educational or health care services, that:
(a) Was not an end-use customer of an electric utility at any time before June 12, 2019;
(b) Performs its functions using one or more facilities which are operated under a common budget and common control; and
(c) Would have an average annual load of 1 megawatt or more in the service territory of an electric utility.
4. A nongovernmental commercial or industrial end-use customer that:
(a) Was not an end-use customer of an electric utility at any time before June 12, 2019; and
(b) Would have an average annual load of 1 megawatt or more in the service territory of an electric utility.
Nev. Rev. Stat. § 704B.090 Energy defined.
Energy means electrical energy.
Nev. Rev. Stat. § 704B.100 Generation asset defined.
Generation asset means any plant, facility, equipment or system which is located within or outside this state and which converts nonelectrical energy into electrical energy or otherwise produces electrical energy.
Nev. Rev. Stat. § 704B.105 License defined.
License means a license to sell energy, capacity and ancillary services to an eligible customer issued by the Commission pursuant to NRS 704B.315.
Nev. Rev. Stat. § 704B.110 New electric resource defined.
New electric resource means the energy, capacity or ancillary services and any increased or additional energy, capacity or ancillary services which are able to be delivered to an eligible customer and are made available:
1. From an identifiable generation asset that is not owned by an electric utility or is not subject to contractual commitments to an electric utility that make the energy, capacity or ancillary services from the generation asset unavailable for purchase by an eligible customer; or
2. By way of market purchases through a provider of new electric resources.
Nev. Rev. Stat. § 704B.115 License defined.
[Replaced in revision by NRS 704B.105.]
Nev. Rev. Stat. § 704B.120 Person defined.
Person means:
1. A natural person.
2. Any form of business or social organization and any other nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust or unincorporated organization.
3. A governmental entity other than:
(a) This state or an agency or instrumentality of this state; or
(b) A political subdivision of this state or an agency or instrumentality of a political subdivision of this state.
Nev. Rev. Stat. § 704B.130 Provider of new electric resources and provider defined.
Provider of new electric resources and provider mean a person who makes energy, capacity or ancillary services from a new electric resource available to an eligible customer.
Nev. Rev. Stat. § 704B.140 Time-of-use meter defined.
Time-of-use meter means a meter that:
1. Measures and records the electric demand, energy and power factor on 15-minute intervals; and
2. Is suitable for use with an electric demand of 1 megawatt or more.
Nev. Rev. Stat. § 704B.170 Effect of chapter on certain contracts; duties of electric utilities and assignees concerning certain contracts.
1. The provisions of this chapter do not alter, diminish or otherwise affect any rights or obligations arising under any contract which requires an electric utility to purchase energy, capacity or ancillary services from another party.
2. Each electric utility or its assignee shall comply with the terms of any contract which requires the electric utility or its assignee to purchase energy, capacity or ancillary services from another party.
Nev. Rev. Stat. § 704B.200 Regulations.
The Commission shall adopt regulations to carry out and enforce the provisions of this chapter.
Nev. Rev. Stat. § 704B.210 Submission of report to Legislative Commission.
The Commission shall, not later than 2 business days after receiving a request in writing from the Legislative Commission, submit to the Legislative Commission a written report which summarizes for the period requested by the Legislative Commission:
1. Each application which was filed with the Commission pursuant to the provisions of this chapter and which requested approval of a proposed transaction between an eligible customer and a provider of new electric resources;
2. The public information that the eligible customer included with the application;
3. The findings of the Commission concerning the effect of the proposed transaction on the public interest; and
4. Whether the Commission approved the application and, if so, the effective date of the proposed transaction, the terms and conditions of the proposed transaction, and the terms, conditions and payments ordered by the Commission.
Nev. Rev. Stat. § 704B.300 Authority of provider to sell energy, capacity or ancillary services; limitations; provider is not public utility because of transaction; jurisdiction of Commission; prohibition.
1. Except as otherwise provided in this section, a provider of new electric resources may sell energy, capacity or ancillary services to one or more eligible customers if the provider holds a valid license and:
(a) The eligible customers have been approved to purchase energy, capacity and ancillary services from the provider pursuant to the provisions of NRS 704B.310 ; or
(b) The transaction complies with the provisions of NRS 704B.325 .
2. A provider of new electric resources shall not sell energy, capacity or ancillary services to an eligible customer if the transaction violates the provisions of this chapter.
3. A provider of new electric resources that sells energy, capacity or ancillary services to an eligible customer pursuant to the provisions of this chapter:
(a) Does not become and shall not be deemed to be a public utility solely because of that transaction; and
(b) Becomes subject to the jurisdiction of the Commission only for the purposes of this chapter and NRS 704.033 , 704.035 and 704.7801 to 704.7828 , inclusive.
4. If a provider of new electric resources is not a public utility in this state and is not otherwise authorized by the provisions of a specific statute to sell energy, capacity or ancillary services at retail in this state, the provider shall not sell energy, capacity or ancillary services at retail in this state to a person or entity that is not an eligible customer.
Nev. Rev. Stat. § 704B.310 Application for approval of proposed transaction: Time for filing; contents; confidentiality of certain information; public notice and hearing; review by Commission; terms, conditions and payments as part of approval; time within which Commission must act.
1. An eligible customer shall not purchase energy, capacity or ancillary services from a provider of new electric resources unless:
(a) The eligible customer files an application with the Commission between January 2 and February 1 of any year and not later than 280 days before the date on which the eligible customer intends to begin purchasing energy, capacity or ancillary services from the provider;
(b) The Commission approves the application by a written order issued in accordance with the provisions of this section; and
(c) The provider holds a valid license.
2. Except as otherwise provided in subsection 3, each application filed pursuant to this section must include:
(a) Specific information demonstrating that the person filing the application is an eligible customer;
(b) Information demonstrating that the proposed provider will provide energy, capacity or ancillary services from a new electric resource;
(c) Specific information concerning the terms and conditions of the proposed transaction that is necessary for the Commission to evaluate the impact of the proposed transaction on customers and the public interest, including, without limitation, information concerning the duration of the proposed transaction, the point of receipt of the energy, capacity or ancillary services and the amount of energy, capacity or ancillary services to be purchased from the provider;
(d) Specific information identifying transmission requirements associated with the proposed transaction and the extent to which the proposed transaction requires transmission import capacity; and
(e) Any other information required pursuant to the regulations adopted by the Commission.
3. The Commission shall not require the eligible customer or provider to disclose:
(a) The price that is being paid by the eligible customer to purchase energy, capacity or ancillary services from the provider; or
(b) Any other terms or conditions of the proposed transaction that the Commission determines are commercially sensitive.
4. The Commission shall provide public notice of the application of the eligible customer and an opportunity for a hearing on the application in a manner that is consistent with the provisions of NRS 703.320 and the regulations adopted by the Commission.
5. The Commission shall not approve the application of the eligible customer unless the Commission finds that the proposed transaction:
(a) Will be in the public interest; and
(b) Will not cause the total amount of energy and capacity that eligible customers purchase from providers of new electric resources through transactions approved by the Commission pursuant to an application submitted pursuant to this section on or after May 16, 2019, to exceed an annual limit set forth in a plan filed with the Commission pursuant to NRS 704.741 and accepted by the Commission pursuant to NRS 704.751 .
6. In determining whether the proposed transaction will be in the public interest, the Commission shall consider, without limitation:
(a) Whether the electric utility that has been providing electric service to the eligible customer will experience increased costs as a result of the proposed transaction;
(b) Whether any remaining customer of the electric utility will pay increased costs for electric service or forgo the benefit of a reduction of costs for electric service as a result of the proposed transaction; and
(c) Whether the proposed transaction will impair system reliability or the ability of the electric utility to provide electric service to its remaining customers.
7. If the Commission approves the application of the eligible customer:
(a) The eligible customer shall not begin purchasing energy, capacity or ancillary services from the provider pursuant to the proposed transaction sooner than 280 days after the date on which the application was filed, unless the Commission allows the eligible customer to begin purchasing energy, capacity or ancillary services from the provider at an earlier date; and
(b) The Commission shall order such terms, conditions and payments as the Commission deems necessary and appropriate to ensure that the proposed transaction will be in the public interest. Except as otherwise provided in subsection 8, such terms, conditions and payments:
(1) Must be fair and nondiscriminatory as between the eligible customer and the remaining customers of the electric utility, except that the terms, conditions and payments must assign all identifiable but unquantifiable risk to the eligible customer;
(2) Must include, without limitation:
(I) Payment by the eligible customer to the electric utility of the eligible customers load-share portion of any unrecovered balance in the deferred accounts of the electric utility; and
(II) Payment by the eligible customer, or the provider of new electric resources, as applicable, of the annual assessment and any other tax, fee or assessment required by NRS 704B.360 ;
(3) Must establish payments calculated in a manner that provides the eligible customer with only its load-ratio share of the benefits associated with forecasted load growth if load growth is utilized to mitigate the impact of the eligible customers proposed transaction; and
(4) Must ensure that the eligible customer pays its load-ratio share of the costs associated with the electric utilitys obligations that were incurred as deviations from least-cost resource planning pursuant to the laws of this State including, without limitation, costs incurred to satisfy the requirements of NRS 704.7821 and implement the provisions of NRS 701B.336 , 702.160 , 704.773 , 704.7827 , 704.7836 , 704.785 , 704.7865 , 704.7983 and 704.7985 .
8. An eligible customer who:
(a) Was not an end-use customer of the electric utility at any time before June 12, 2019; and
(b) Would have a peak load of 10 megawatts or more in the service territory of an electric utility within 2 years of initially taking electric service,
Ê is required to pay only those costs, fees, charges or rates which apply to current and ongoing legislatively mandated public policy programs, as determined by the Commission.
9. If the Commission does not enter a final order on the application of the eligible customer within 210 days after the date on which the application was filed with the Commission, the application shall be deemed to be denied by the Commission.
Nev. Rev. Stat. § 704B.315 Qualifications for licensure of provider; issuance, limitation, suspension and revocation of license; regulations requiring submission of certain information to Commission.
1. To qualify for a license, a provider of new electric resources must do all of the following:
(a) Submit an application for the license to the Commission that includes all information deemed necessary by the Commission to determine whether the provider of new electric resources is qualified to obtain a license pursuant to this section.
(b) Demonstrate to the satisfaction of the Commission that the provider of new electric resources is authorized to conduct business pursuant to the laws of this State and the ordinances of the county, city or town in which the provider sells or will sell to sell energy, capacity and ancillary services to eligible customers.
(c) Demonstrate to the satisfaction of the Commission that the provider of new electric resources has the technical competence necessary to sell energy, capacity and ancillary services to eligible customers.
(d) Demonstrate to the satisfaction of the Commission that the provider of new electric resources has the managerial competence necessary to sell energy, capacity and ancillary services to eligible customers.
(e) Demonstrate to the satisfaction of the Commission that the provider of new electric resources has the financial capability to sell energy, capacity and ancillary services to eligible customers.
(f) Demonstrate to the satisfaction of the Commission financial responsibility.
(g) Demonstrate to the satisfaction of the Commission fitness to sell energy, capacity and ancillary services to eligible customers. In determining whether a provider of new electric resources is fit to sell energy, capacity and ancillary services to eligible customers, the Commission may consider:
(1) Whether legal action has been taken against the provider or any of its affiliates in another jurisdiction;
(2) Whether customer complaints have been made concerning the provider or any of its affiliates in another jurisdiction; and
(3) The nature of any legal action or customer complaint against the provider or any of its affiliates in another jurisdiction.
(h) Demonstrate to the satisfaction of the Commission that the provider of new electric resources is in compliance with or will comply with NRS 704.78213 .
2. The Commission may issue a license to a provider of new electric resources that is qualified for a license pursuant to subsection 1. The Commission, after notice and a hearing in the manner set forth in chapter 703 of NRS, may deny the application of a provider of new electric resources for a license or limit, suspend or revoke a license issued to a provider of new electric resources if such action is necessary to protect the public interest or to enforce a provision of the laws of this State or a regulation adopted by the Commission that is applicable to the provider of new electric resources.
3. The Commission may adopt regulations requiring each provider of new electric resources to submit to the Commission such information as the Commission determines is necessary to ensure that:
(a) Each provider of new electric resources has sufficient energy, capacity and ancillary services, or the ability to obtain energy, capacity and ancillary services, to satisfy the demand of each eligible customer purchasing energy, capacity or ancillary services from the provider;
(b) Eligible customers served by a provider of new electric resources will receive safe and reliable service from the provider; and
(c) Each provider of new electric resources complies with this chapter and any other laws of this State applicable to each provider.
Nev. Rev. Stat. § 704B.325 Purchase of energy, capacity or ancillary services from alternative provider after approval of original transaction: Rights and obligations of eligible customers; expedited review by Commission; limited disclosure of certain information.
1. An eligible customer that is purchasing energy, capacity or ancillary services from a provider of new electric resources may purchase energy, capacity or ancillary services from an alternative provider without obtaining the approval of the Commission if:
(a) The terms and conditions of the transaction with the alternative provider, other than the price of the energy, capacity or ancillary services, conform to the terms and conditions of the transaction that was originally approved by the Commission with respect to the eligible customer, including, without limitation, any terms and conditions, other than the price of the energy, capacity or ancillary services, that were approved by the Commission to address the factors considered by the Commission pursuant to subsection 6 of NRS 704B.310 ; and
(b) The alternative provider holds a license.
2. If any terms and conditions of the transaction with the alternative provider, other than the price of the energy, capacity or ancillary services, do not conform to the terms and conditions of the transaction that was originally approved by the Commission with respect to the eligible customer, the eligible customer must obtain approval from the Commission before those nonconforming terms and conditions are enforceable.
3. If the eligible customer files a request with the Commission for approval of any nonconforming terms and conditions, the Commission shall review and make a determination concerning the request on an expedited basis.
4. Notwithstanding any specific statute to the contrary, information concerning any terms and conditions of the transaction with the alternative provider that the Commission determines are commercially sensitive:
(a) Must not be disclosed by the Commission except to the Regulatory Operations Staff of the Commission, the Consumers Advocate, the staff of the Consumers Advocate and the affected electric utility for the purposes of carrying out the provisions of this section; and
(b) Except as otherwise provided in NRS 239.0115 , shall be deemed to be confidential for all other purposes, and the Commission shall take such actions as are necessary to protect the confidentiality of such information.
Nev. Rev. Stat. § 704B.330 Replacement of energy, capacity or ancillary services purchased from provider with energy, capacity or ancillary services purchased from electric utility; tariffs.
1. If an eligible customer is purchasing energy, capacity or ancillary services from a provider of new electric resources, the eligible customer may, pursuant to tariffs approved by the Commission, replace some or all, but not less than all at a single time-of-use meter, of the energy, capacity or ancillary services purchased from the provider of new electric resources with energy, capacity or ancillary services purchased from an electric utility.
2. The tariffs approved by the Commission pursuant to this section must include, without limitation:
(a) Provisions requiring the eligible customer to pay any incremental costs that are incurred by the electric utility to provide energy to the eligible customer;
(b) Provisions requiring the eligible customer to provide reasonable and adequate notice to the electric utility;
(c) Provisions establishing minimum terms during which the eligible customer must continue to purchase energy from the electric utility; and
(d) Any other provisions that the Commission determines are necessary and reasonable to carry out and enforce the provisions of this section.
Nev. Rev. Stat. § 704B.335 Commission required to establish procedures to apply for replacement of energy, capacity or ancillary services purchased from provider with bundled service purchased from electric utility; limitations; terms and conditions after approval of application.
1. The Commission shall by regulation establish a procedure for an eligible customer who is purchasing energy, capacity or ancillary services from a provider of new electric resources to apply to the Commission to purchase bundled electric service from an electric utility. The Commission may, as it deems necessary and appropriate to prevent harm to the customers of an electric utility:
(a) Establish a limit on the number of times an eligible customer may be approved to purchase energy, capacity or ancillary services from a provider of new electric resources; and
(b) Establish limitations on the use of the tariffs approved by the Commission pursuant to NRS 704B.330 .
2. If the Commission approves an application submitted pursuant to the regulations required to be adopted by subsection 1, the Commission shall order such terms and conditions as the Commission deems necessary and appropriate to ensure that the purchase of bundled electric service from an electric utility does not harm the existing customers of the electric utility.
Nev. Rev. Stat. § 704B.340 Time-of-use meters: Requirements; installation; costs; limitations; number; use of other meters or equipment.
1. A provider of new electric resources shall not sell energy, capacity or ancillary services to an eligible customer unless the customer has a time-of-use meter installed at the point of delivery of energy to the eligible customer.
2. The Commission shall establish the date by which an electric utility must ensure that metering equipment is installed and operational at the point of delivery of energy to the eligible customer.
3. An electric utility shall install a time-of-use meter at each point of delivery of energy to the eligible customer if the eligible customer does not have a time-of-use meter at that point of delivery. If the eligible customer is:
(a) A nongovernmental commercial or industrial end-use customer, the eligible customer or the provider shall pay all costs for the time-of-use meter and for installation of the time-of-use meter by the electric utility.
(b) A governmental entity, the provider shall pay all costs for the time-of-use meter and for installation of the time-of-use meter by the electric utility.
4. Not more than one person or entity may sell the energy that is delivered to an eligible customer through any one time-of-use meter.
5. The provisions of this section do not prohibit:
(a) An eligible customer from having more than one time-of-use meter installed for the same service location; or
(b) An eligible customer from installing any other meter or equipment that is necessary or appropriate to the transaction with the provider, if such a meter or equipment is otherwise consistent with system reliability.
Nev. Rev. Stat. § 704B.350 Duty of electric utility to provide certain components of electric service; duty of Commission to establish just, reasonable and nondiscriminatory rates; effect of chapter on existing rights and requirements under federal and state law.
1. An electric utility shall provide all transmission, distribution, metering and other components of electric service that are necessary for a provider of new electric resources to sell energy, capacity and ancillary services to an eligible customer pursuant to the provisions of this chapter. An electric utility shall provide each such component of electric service pursuant to the tariffs and service agreements filed with and approved by the appropriate regulatory authorities having jurisdiction over each such component of electric service.
2. For each such component of electric service that is within the jurisdiction of the Commission, the Commission shall establish just, reasonable and nondiscriminatory rates.
3. The provisions of this chapter do not enlarge or expand any existing rights under federal law or create any other rights with regard to the transmission system of the electric utility.
4. When providing service pursuant to this chapter, an electric utility is subject to all applicable statutes and regulations of this State and the United States.
Nev. Rev. Stat. § 704B.360 Payment of taxes, fees and assessments by eligible customers or providers; billing requirements; disciplinary action for failure to comply.
1. If the Commission approves an application that is filed pursuant to NRS 704B.310 or a request that is filed pursuant to NRS 704B.325 , the eligible customer or the provider of new electric resources, as applicable, shall:
(a) Pay its share of the annual assessment levied pursuant to NRS 704.033 to the Commission and the Bureau of Consumer Protection in the Office of the Attorney General;
(b) Pay any other tax, fee or assessment that would be due a governmental entity had the eligible customer continued to purchase energy, capacity or ancillary services from the electric utility; and
(c) Remit any tax, fee or assessment collected pursuant to paragraph (b) to the applicable governmental entity.
2. Each person or entity that is responsible for billing an eligible customer shall ensure that the amount which the eligible customer must pay pursuant to paragraph (b) of subsection 1 is set forth as a separate item or entry on each bill submitted to the eligible customer.
3. If an eligible customer to whom an order is issued pursuant to subsection 1 thereafter purchases energy, capacity or ancillary services from an alternative provider pursuant to NRS 704B.325 without obtaining the approval of the Commission, the order issued pursuant to subsection 1 continues to apply to the eligible customer.
4. Upon petition by a governmental entity to which a tax, fee or assessment must be remitted pursuant to this section or the Regulatory Operations Staff of the Commission, the Commission may limit, suspend or revoke any order issued to an eligible customer by the Commission pursuant to NRS 704B.310 , limit, suspend or revoke any license issued to a provider of new electric resources pursuant to NRS 704B.315 , or impose an administrative fine pursuant to NRS 703.380 , or both limit, suspend or revoke any order or license and impose an administrative fine pursuant to NRS 703.380 , if the Commission, after providing an appropriate notice and hearing, determines that the eligible customer or provider of new electric resources, as applicable, has failed to pay any tax, fee, assessment cost or rate required to be paid or remitted pursuant to subsection 1.
Source: NV Statutes (Official Site)URL: https://www.leg.state.nv.us/nrs/NRS-704B.htmlFetched: 10/4/2026