Section 704B.Sec. 10 - NEW1. In order for the energy and capacity sales to an eligible customer to be deemed exempt from the annual limits on the total amount of energy and capacity that eligible customers may be authorized to purchase from providers of new electric resources pursuant to subsection 7 of NRS 704.741, the eligible customer must demonstrate in an application filed pursuant to NRS 704B.310 that it qualifies for the exemption including, without limitation, by submitting electrical load calculations and electrical single-line diagrams which demonstrate that the eligible customer would have a peak load of 10 megawatts or more in the service territory of an electric utility within 2 years after initially taking electric service.2. Whether an eligible customer was an end-use customer of the electric utility at any time before June 12, 2019, pursuant to subsection 7 of NRS 704.741, is based on whether the electric utility has provided fully bundled electric service to the premises of the eligible customer to power a facility at any time in the past, except for temporary construction service.3. Not later than 24 months after initially taking electric service from a provider of new electric resources, an eligible customer whose purchases of energy and capacity have been deemed exempt from the annual limits on energy and capacity sales pursuant to subsection 7 of NRS 704.741 shall demonstrate that it has achieved a peak load of 10 megawatts or more within that period by filing with the Commission and serving on the relevant electric utility, Regulatory Operations Staff and the Bureau of Consumer Protection in the Office of the Attorney General its peak load data achieved to date.4. If the peak load data filed pursuant to subsection 3 demonstrates usage below 10 megawatts, within 15 days after the filing, the eligible customer, the relevant electric utility and Regulatory Operations Staff shall meet to discuss the information included in the filing. The Bureau of Consumer Protection in the Office of the Attorney General must be notified before any such meeting and be allowed to participate fully in the meeting and in any exchange of information. Not later than 5 business days after the meeting, Regulatory Operations Staff shall file a written summary of the meeting with the Commission. Within 60 days after the meeting summary is filed, the Commission will schedule a hearing to determine whether the eligible customer has failed to prove that it has achieved a peak load of 10 megawatts or more within 24 months after initially taking electric service from the provider of new electric resources. If the Commission determines that the eligible customer has failed to demonstrate that it has achieved a peak load of 10 megawatts or more within 24 months after initially taking electric service from the provider of new electric resources, the Commission will determine the appropriate remedy, which may include, without limitation: (a) Requiring the eligible customer to pay the transition period charges using the net differential energy rate applicable at the time of the application, as determined pursuant to section 4, plus carrying charges at the electric utility's authorized rate-of-return from the date of initially taking electric service from the provider of new electric resource;(b) Requiring the eligible customer to transition to taking service from the electric utility pursuant to an incremental pricing tariff or other arrangement;(c) Requiring the eligible customer to file a new application under NRS 704B.310, subject to the annual limits established pursuant to NRS 704.741, if the eligible customer wishes to take service from a provider of new electric resources; or(d) Mandating any other appropriate remedy that is not contrary to the public interest.Nev. Admin. Code § 704B.Sec. 10
Added to NAC by Pub. Utilities Comm'n by R195-22A, eff. 9/16/2024