Section 704.6339 - Request or application for designation as eligible project; requirements; action by Commission1. A large utility may include in the action plan component of the utility's resource plan submitted pursuant to NRS 704.661 a request to designate a project for an improvement to a distribution system, production system, transmission system or wastewater system as an eligible project for which a system improvement rate may be established. The project proposed for designation as an eligible project must be a new improvement project that is included in the action plan for which the large utility seeks approval pursuant to NAC 704.5682. If the large utility furnishes both water and services for the disposal of sewage, the annual gross operating revenue of the large utility for each service must be considered separately for the purpose of determining whether the large utility is eligible to submit a request pursuant to this subsection for either service.2. A utility that is not required to submit a resource plan pursuant to NRS 704.661 may file an application with the Commission to designate a project for an improvement to a distribution system, production system, transmission system or wastewater system as an eligible project for which a system improvement rate may be established.3. A large utility submitting a request pursuant to subsection 1 or a utility submitting an application pursuant to subsection 2 shall include with the request or application: (a) A description of the project.(b) A statement explaining the necessity of the project.(c) The resulting benefits of the project to the utility and the customers of the utility upon the completion of the project.(d) A statement supported by written testimony that the project is not designed to increase revenues by connecting an improvement to a distribution system or wastewater system to new customers.(e) A statement that the project was not included in the rate base of the utility in its most recent general rate case.(f) A statement that the project costs for which recovery will be sought represent an investment to be made by the utility and which will not be paid by another funding source, including, without limitation, a grant, developer contribution or other form of reimbursement.(g) If submittal to the Commission is not otherwise required by law or regulation, the utility's plan for construction and the proposed schedule for construction. A plan for construction and a proposed schedule for construction submitted pursuant to this paragraph must comply with the provisions of paragraph (a) of subsection 4 of NAC 704.568.(h) If submittal to the Commission is not otherwise required by law or regulation, a budget of planned expenditures which complies with the provisions of NAC 704.5681.4. A large utility submitting a request pursuant to subsection 1 shall submit the information required pursuant to subsection 3 in addition to any information otherwise required to be submitted in support of an element of an action plan pursuant to NAC 704.565 to 704.5688, inclusive.5. The Commission will: (a) For a request submitted by a large utility pursuant to subsection 1, approve or disapprove the request at the time the Commission makes a determination with respect to the resource plan submitted by the large utility.(b) For an application submitted by a utility pursuant to subsection 2, approve or disapprove the application not later than 135 days after the Commission receives the application.6. As used in this section, "action plan" has the meaning ascribed to it in NAC 704.5651.Nev. Admin. Code § 704.6339
Added to NAC by Pub. Utilities Comm'n by R078-14, eff. 12/22/2014NRS 703.025, 704.210, 704.661, 704.663