Section 704B.340 - Contents of application; protective orders; confidentiality1. If an eligible customer files an application, the eligible customer shall include the following items with the application: (a) The name of the eligible customer, address and other contact information for the eligible customer and information demonstrating that the applicant is an eligible customer.(b) The name of the provider, license number of the provider, address and other contact information for the provider and information demonstrating that the provider will provide energy, capacity or ancillary services from one or more identifiable new electric resources, including the location of the new electric resource or identification of the market for the new electric resource. If the provider intends to build a new electric resource, the application must also include a description of the proposed new facility and of the manner in which the total electricity requirements of the eligible customer will be met.(c) Each point of delivery at which the eligible customer intends to purchase energy from the provider and, for each such point of delivery:(1) The physical location of the point of delivery; and(2) The current account number for the point of delivery, the name on each such account and the current billing address and final billing address for each such account.(d) A description of the proposed transaction in the executed underlying contract between the provider and the eligible customer or, if no executed underlying contract exists when the application is submitted, a binding term sheet listing specific terms and conditions of the proposed transaction, which must include:(1) The date of commencement and the duration of the proposed transaction;(2) The amount of energy, capacity and ancillary services, if any, to be purchased by the eligible customer, including the amount of energy, capacity and ancillary services expected to serve reasonably foreseeable load growth over the applicable action plan period for each point of delivery;(3) The identity of any scheduling coordinator as required by the OATT of the electric utility to be used by the eligible customer in scheduling the delivery of energy to the eligible customer and written confirmation from the scheduling coordinator;(4) The point or points of receipt;(5) The maximum number of megawatts or megawatt-hours to be delivered under the proposed transaction and any load forecasts developed to determine the maximum number of megawatts or megawatt-hours to be delivered under the proposed transaction;(6) Specific information regarding the nature of the product being purchased, including, without limitation, information regarding whether the energy or capacity is firm;(7) Specific information regarding termination provisions and notice provisions; and(8) Specific information regarding load ramps, both increases and decreases, over the term of the proposed transaction.(e) Specific information specifying which ancillary services will be taken from which entities.(f) Specific information indicating whether the new electric resources will be delivered from within or outside of the control area of the electric utility.(g) Specific information identifying transmission requirements associated with the proposed transaction and the extent to which the proposed transaction requires transmission import capacity.(h) Specific information demonstrating that the eligible customer or the provider has the ability to enter into all transmission service agreements necessary for the provider to deliver energy to the distribution system of the electric utility, and the proposed rates, terms and conditions of each such agreement. The eligible customer shall be deemed to have met the requirements of this subsection if: (1) The eligible customer or the provider demonstrates that transmission service agreements with the electric utility will not be necessary for the provider to deliver energy to the distribution system of the electric utility; or(2) The eligible customer demonstrates that it is an eligible customer under the OATT of the electric utility and the eligible customer agrees, to the extent applicable, to pay all costs for system impact studies, costs for construction and other costs required under the OATT of the electric utility to obtain the necessary transmission service.(i) Specific information demonstrating that all energy delivered to the eligible customer will be metered through one or more time-of-use meters for each point of delivery.(j) Any applicable system impact studies or facilities studies completed for the transmission service request.(k) If applicable, evidence that the eligible customer qualifies as exempt from the authorized annual limits of energy and capacity sales pursuant to section 10.(l) Any other information deemed necessary by the Regulatory Operations Staff and requested in writing.(m) If the eligible customer is a governmental entity, in addition to the other information required by this subsection, information sufficient to establish to the satisfaction of the Commission that:(1) The eligible customer is a governmental entity; and(2) The facilities and other locations that will be served by the provider are operated by the eligible customer under a common budget and common control.2. The eligible customer may request from the Commission a protective order to protect the confidentiality of any information the eligible customer believes to be commercially sensitive. The Commission will determine whether the requested information is commercially sensitive under Nevada law and requires confidential treatment. If the Commission determines that the information is commercially sensitive, the Commission:(a) Will grant a protective order at least with respect to all information concerning the price of the energy, capacity and ancillary services to be purchased by the eligible customer.(b) Will not grant a protective order with respect to the information described in paragraphs (a) and (b) of subsection 1.3. If information is protected by a protective order, the Regulatory Operations Staff, the Bureau of Consumer Protection, the electric utility and any intervener authorized by the Commission to participate in the matter pursuant to NAC 703.578 to 703.600, inclusive, may have access to such information upon execution of a confidentiality agreement and subject to the terms of the protective order and the confidentiality agreement. Information protected by a protective order must not be disclosed on the public record or otherwise in any proceeding governed by this chapter, except as provided in the protective order.Nev. Admin. Code § 704B.340
Added to NAC by Pub. Utilities Comm'n by R125-01, eff. 12-17-2001; A by R122-02, 10-24-2002; R018-04, 11-17-2005; A by R195-22A, eff. 9/16/2024