NRS704B.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:

      (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 and 704B.320; 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) Does not become and shall not be deemed to be subject to the jurisdiction of the Commission except as otherwise provided in this chapter or by specific statute.

      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.

      (Added to NRS by 2001, 3226; A 2003, 1260)