NRS704B.310. Application for approval of proposed transaction: Time for filing; contents; confidentiality of certain information; public notice and hearing; review by Commission; terms, conditions and payments as part of approval; time within which Commission must act.

      1.  An eligible customer that is purchasing bundled electric service for all or any part of its load from an electric utility shall not purchase energy, capacity or ancillary services from a provider of new electric resources unless:

      (a) The eligible customer files an application with the Commission not later than 180 days before the date on which the eligible customer intends to begin purchasing energy, capacity or ancillary services from the provider, except that the Commission may allow the eligible customer to file the application within any shorter period that the Commission deems appropriate; and

      (b) The Commission approves the application by a written order issued in accordance with the provisions of this section and NRS 704B.320.

      2.  Except as otherwise provided in subsection 3, each application filed pursuant to this section must include:

      (a) Information demonstrating that the person filing the application is an eligible customer;

      (b) Information demonstrating that the proposed provider will provide energy, capacity or ancillary services from a new electric resource;

      (c) Information concerning the terms and conditions of the proposed transaction that is necessary for the Commission to evaluate the impact of the proposed transaction on customers and the public interest, including, without limitation, information concerning the duration of the proposed transaction and the amount of energy, capacity or ancillary services to be purchased from the provider; and

      (d) Any other information required pursuant to the regulations adopted by the Commission.

      3.  Except as otherwise provided in NRS 704B.320, the Commission shall not require the eligible customer or provider to disclose:

      (a) The price that is being paid by the eligible customer to purchase energy, capacity or ancillary services from the provider; or

      (b) Any other terms or conditions of the proposed transaction that the Commission determines are commercially sensitive.

      4.  The Commission shall provide public notice of the application of the eligible customer and an opportunity for a hearing on the application in a manner that is consistent with the provisions of NRS 703.320 and the regulations adopted by the Commission.

      5.  The Commission shall approve the application of the eligible customer unless the Commission finds that the proposed transaction:

      (a) Will be contrary to the public interest; or

      (b) Does not comply with the provisions of NRS 704B.320, if those provisions apply to the proposed transaction.

      6.  In determining whether the proposed transaction will be contrary to the public interest, the Commission shall consider, without limitation:

      (a) Whether the electric utility that has been providing electric service to the eligible customer will be burdened by increased costs as a result of the proposed transaction or whether any remaining customer of the electric utility will pay increased costs for electric service as a result of the proposed transaction;

      (b) Whether the proposed transaction will impair system reliability or the ability of the electric utility to provide electric service to its remaining customers; and

      (c) Whether the proposed transaction will add energy, capacity or ancillary services to the supply in this State.

      7.  If the Commission approves the application of the eligible customer:

      (a) The eligible customer shall not begin purchasing energy, capacity or ancillary services from the provider pursuant to the proposed transaction sooner than 180 days after the date on which the application was filed, unless the Commission allows the eligible customer to begin purchasing energy, capacity or ancillary services from the provider at an earlier date; and

      (b) The Commission shall order such terms, conditions and payments as the Commission deems necessary and appropriate to ensure that the proposed transaction will not be contrary to the public interest. Such terms, conditions and payments:

             (1) Must be fair and nondiscriminatory as between the eligible customer and the remaining customers of the electric utility; and

             (2) Must include, without limitation:

                   (I) Payment by the eligible customer to the electric utility of the eligible customer’s load-share portion of any unrecovered balance in the deferred accounts of the electric utility; and

                   (II) Payment by the eligible customer of the annual assessment and any other tax, fee or assessment required by NRS 704B.360.

      8.  If the Commission does not enter a final order on the application of the eligible customer within 150 days after the date on which the application was filed with the Commission:

      (a) The application shall be deemed to be approved by the Commission; and

      (b) The eligible customer may begin purchasing energy, capacity or ancillary services from the provider pursuant to the proposed transaction.

      (Added to NRS by 2001, 3226; A 2003, 1261, 3031)