Section 704B.Sec. 12 - NEW1. If the Commission approves an application of an eligible customer submitted pursuant to NRS 704B.310, the Commission will order the eligible customer to pay, in addition to all charges payable by distribution-only service customers:(a) For the duration of the transition period, the eligible customer's otherwise applicable base tariff general rates, with a credit or charge for the eligible customer's open access transmission tariff costs and variable operations and maintenance as determined pursuant to subsection 4 of section 4, multiplied by the amount of energy delivered to the customer. The base tariff general rate will be updated to reflect the rates in effect during the transition period or extended transition period.(b) For the duration of the transition period, the net differential energy rate multiplied by the amount of energy delivered to the customer.(c) A non-bypassable charge, paid monthly, for the duration of the underlying charge, of an amount at least equal to the customer's share of the ongoing out-of-the-money portion of the costs of long-term renewable energy contracts, other public policy programs for which eligible applicants are required to pay and the decommissioning and remediation costs of any generation resource used to provide service to the eligible customer. The non-bypassable charge shall be updated as necessary, including, without limitation, as new public policy programs become available. The ongoing out-of-the-money portion of the costs of long-term renewable energy contracts payments pursuant to this paragraph will be known as the Actual R-BTER and shall:(1) Include the out-of-the-money costs of the long-term renewable energy contracts identified pursuant to subparagraph (1) of paragraph (b) of subsection 3 of section 4 or entered into by the electric utility to provide service to, or to meet the renewable portfolio standard on behalf of, the eligible customer;(2) Be updated quarterly by the electric utility; and(3) Be assessed over the life of the underlying renewable energy contracts.(d) An amount not less than the eligible customer's load share of any regulatory asset, unless the eligible customer elects instead to receive a credit equal to the customer's load share of any regulatory liability that was established before the eligible customer applied to take service from a provider of new electric resources. For the regulatory assets or liabilities with amortization schedules beyond the eligible customer's 3-year transition period, the eligible customer shall continue to pay, or receive a credit for, its load share of the regulatory assets or liabilities for the full duration of the amortization schedules.(e) If applicable, a one-time recapture payment of all incentive payments or credits the eligible customer received from the electric utility in the 5 years immediately preceding the date on which the eligible customer applies to take service from a provider of new electric resources including, without limitation: (1) Energy efficiency measures installed or implemented by the electric utility's demand-side management program; and(2) Behind-the-meter generation and storage facilities funded pursuant to chapter 701B of NRS.(f) Other costs, fees, charges or rates which the Commission may determine are appropriate.2. An eligible customer shall not receive any energy efficiency and renewable energy portfolio credits that are: (a) Classified as surplus at the time that the eligible customer begins to take service from a provider of new electric resources; or(b) Earned from the long-term renewable energy contracts identified pursuant to subparagraph (1) of paragraph (b) of subsection 3 of section 4 for the entire duration of the long-term renewable energy contracts or from public policy program charges for the period during which public policy charges are assessed.3. Regardless of the departure date used for the analysis pursuant to paragraph (b) of subsection 2 of section 4, the transition period begins on the date on which the eligible customer begins to take service from a provider of new electric resources with no credits or changes to the impact calculation.4. If the Commission approves annual limits on the amount of energy and capacity that eligible customers may be authorized to purchase from providers of new electric resources that cumulatively exceed 50 percent of the projected large commercial and industrial load growth for the 3-year action period, the transition period shall be extended to ensure that remaining customers receive the benefit of at least 50 percent of the growth of the large commercial and industrial load during the extended transition period.5. All payments made pursuant to this section, unless otherwise provided, will be billed monthly by the electric utility and sent directly to the eligible customer.6. As used in this section, "transition period" means a 3-year period commencing on the date on which the eligible customer begins to take service from a provider of new electric resources.Nev. Admin. Code § 704B.Sec. 12
Added to NAC by Pub. Utilities Comm'n by R195-22A, eff. 9/16/2024