NRS704.763. Electric utility required to disclose certain information concerning electric services; format, contents and methods of disclosure; regulations; exceptions.

      1.  On and after October 1, 2001, each electric utility shall disclose to its retail customers information about electric services, and any products and services relating thereto, that are being provided to or purchased for those retail customers by the electric utility. The disclosure must:

      (a) Be in a standard, uniform format established by the Commission by regulation;

      (b) Be included:

             (1) At least two times each calendar year, as an insert in the bills that the electric utility sends to its retail customers; and

             (2) If the electric utility maintains a website on the Internet or any successor to the Internet, on that website; and

      (c) Include adequate information so that a retail customer can readily evaluate the retail customer’s options for obtaining electric services or any products or services relating thereto.

      2.  A disclosure required by this section must include, if applicable:

      (a) The average mix of energy sources used to generate the electricity sold by the electric utility to the retail customer. An electric utility may, if available, use a regional average that has been determined by the Commission for that portion of electricity sold by the electric utility to the retail customer for which the specific mix of energy sources cannot be discerned.

      (b) The average emissions, measured in pounds per megawatt-hour, of:

             (1) Any high-level radioactive waste, sulfur dioxide, carbon dioxide, oxides of nitrogen and heavy metals released in this state from the generation of the electricity sold by the electric utility to the retail customer; and

             (2) Any other substances released in this state from the generation of the electricity sold by the electric utility to the retail customer which the Commission, in cooperation with the Division of Environmental Protection of the State Department of Conservation and Natural Resources, determines may cause a significant health or environmental impact and for which sufficiently accurate and reliable data is available.

Ê If an electric utility uses a regional average for the mix of energy sources pursuant to paragraph (a), the electric utility shall, if available, use for the average emissions pursuant to this paragraph a regional calculation that has been determined by the Commission.

      (c) Information concerning customer service.

      (d) Information concerning any energy programs that provide assistance to retail customers with low incomes, including, without limitation, information on the procedures to apply for such programs.

      3.  An electric utility:

      (a) Shall make the disclosures required pursuant to this section in accordance with the requirements adopted by the Commission as to form and substance; and

      (b) Shall ensure that it provides the information in compliance with all applicable state and federal laws governing unfair advertising and labeling.

      4.  The Commission shall adopt such regulations concerning form and substance for the disclosures required by this section as are necessary to ensure that retail customers are provided with sufficient information so that they can readily evaluate their options for obtaining electric services and any products and services relating thereto.

      5.  The provisions of this section do not require an electric utility to disclose to its retail customers any information about electric services, and any products and services relating thereto, that are subject to the provisions of chapter 704B of NRS.

      6.  As used in this section:

      (a) “Electric utility” has the meaning ascribed to it in NRS 704.187.

      (b) “Energy source” includes, without limitation:

             (1) Coal, natural gas, oil, propane and any other fossil fuel;

             (2) Geothermal energy, solar energy, hydroelectric energy, nuclear energy, wind, biofuel and biomass; and

             (3) Any other specific energy source that is used to generate the electricity provided to the retail customer.

      (Added to NRS by 2001, 1654; A 2001, 3267)