Section 704.746 - Public hearing on adequacy of plan; determination by Commission; regulations1. After a utility has filed its plan pursuant to NRS 704.741, the Commission shall convene a public hearing on the adequacy of the plan.2. The Commission shall determine the parties to the public hearing on the adequacy of the plan. A person or governmental entity may petition the Commission for leave to intervene as a party. The Commission must grant a petition to intervene as a party in the hearing if the person or entity has relevant material evidence to provide concerning the adequacy of the plan. The Commission may limit participation of an intervener in the hearing to avoid duplication and may prohibit continued participation in the hearing by an intervener if the Commission determines that continued participation will unduly broaden the issues, will not provide additional relevant material evidence or is not necessary to further the public interest.3. In addition to any party to the hearing, any interested person may make comments to the Commission regarding the contents and adequacy of the plan.4. After the hearing, the Commission shall determine whether:(a) The forecast requirements of the utility or utilities are based on substantially accurate data and an adequate method of forecasting.(b) The plan identifies and takes into account any present and projected reductions in the demand for energy that may result from measures to improve energy efficiency in the industrial, commercial, residential and energy producing sectors of the area being served.(c) The plan adequately demonstrates the economic, environmental and other benefits to this State and to the customers of the utility or utilities associated with the following possible measures and sources of supply:(1) Improvements in energy efficiency;(3) Purchases of power from neighboring states or countries;(4) Facilities that operate on solar or geothermal energy or wind;(5) Facilities that operate on the principle of cogeneration or hydrogeneration;(6) Other generation facilities; and(7) Other transmission facilities.5. The Commission shall give preference to the measures and sources of supply set forth in paragraph (c) of subsection 4 that: (a) Provide the greatest economic and environmental benefits to the State;(b) Are consistent with the provisions of this section;(c) Provide levels of service that are adequate and reliable;(d) Provide the greatest opportunity for the creation of new jobs in this State; and(e) Provide for diverse electricity supply portfolios and which reduce customer exposure to the price volatility of fossil fuels and the potential costs of carbon. In considering the measures and sources of supply set forth in paragraph (c) of subsection 4 and determining the preference given to such measures and sources of supply, the Commission shall consider the cost of those measures and sources of supply to the customers of the electric utility or utilities.
6. The Commission shall:(a) Adopt regulations which determine the level of preference to be given to those measures and sources of supply; and(b) Consider the value to the public of using water efficiently when it is determining those preferences.7. The Commission shall:(a) Consider the level of financial commitment from developers of renewable energy projects in each renewable energy zone, as designated pursuant to subsection 2 of NRS 704.741; and(b) Adopt regulations establishing a process for considering such commitments including, without limitation, contracts for the sale of energy, leases of land and mineral rights, cash deposits and letters of credit.8. The Commission shall, after a hearing, review and accept or modify an emissions reduction and capacity replacement plan which includes each element required by NRS 704.7316. In considering whether to accept or modify an emissions reduction and capacity replacement plan, the Commission shall consider:(a) The cost to the customers of the electric utility or utilities to implement the plan;(b) Whether the plan provides the greatest economic benefit to this State;(c) Whether the plan provides the greatest opportunities for the creation of new jobs in this State; and(d) Whether the plan represents the best value to the customers of the electric utility or utilities.9. In considering whether to accept or modify a proposal for annual limits on the total amount of energy and capacity that eligible customers may be authorized to purchase from providers of new electric resources through transactions approved by the Commission pursuant to an application submitted pursuant to NRS 704B.310 after May 16, 2019, which is included in the plan pursuant to subsection 6 of NRS 704.741, the Commission shall consider whether the proposed annual limits: (a) Further the public interest, including, without limitation, whether the proposed annual limits promote safe, economic, efficient and reliable electric service to all customers of electric service in this State;(b) Align an economically viable utility model with state public policy goals; and(c) Encourage the development and use of renewable energy resources located in this State and, in particular, renewable energy resources that are coupled with energy storage.10. In considering whether to accept or modify a plan to accelerate transportation electrification submitted pursuant to NRS 704.7867, the Commission shall consider: (a) Whether the proposed investments, incentives, rate designs, systems and programs are reasonably expected to achieve one or more of the following:(1) Improve the efficiency of the electric utility's electrical system, operational flexibility or system utilization during off-peak hours;(2) Improve the ability of the electric utility to integrate renewable energy resources which generate electricity on an intermittent basis into the transmission and distribution grid;(3) Reduce greenhouse gas emissions and air pollution;(4) Improve air quality in communities most affected by air pollution from the transportation sector;(5) Support increased consumer choice in electric vehicle charging and related infrastructure and services;(6) Increase access to the use of electricity as a transportation fuel by low-income users by including investments, incentives or programs for those users, or for entities operating in communities or at locations that will benefit low-income users;(7) Foster the investment of private capital in transportation electrification, as defined in NRS 704.7867, and the demand for skilled jobs in related services; and(8) Provide information and education on the benefits of transportation electrification to customers.(b) Whether the proposed investments, incentives, rate designs, systems and programs provide electric services and pricing that customers value.(c) Whether the proposed investments, incentives, systems and programs incorporate public reporting requirements which will serve to inform program design and Commission policy.(d) The cost to the customers of the electric utility to implement the plan.Added to NRS by 1983, 887; A 1989, 1607; 1991, 524; 2007, 1773; 2009, 993, 1323; 2013, 3084; 2017, 2472, 4287; 2019, 3518; 2021, 3796; 2023, 3041Amended by 2023, Ch. 495,§6, eff. 10/1/2023.Amended by 2021, Ch. 552,§40, eff. 6/10/2021.Amended by 2019, Ch. 556,§6, eff. 6/12/2019.Amended by 2017, Ch. 590,§1.5, eff. 7/1/2017.Amended by 2017, Ch. 383,§6, eff. 6/5/2017.Amended by 2013, Ch. 490,§16, eff. 6/11/2013.Added to NRS by 1983, 887; A 1989, 1607; 1991, 524; 2007, 1773; 2009, 993, 1323