Section 704B.380 - Proposed transaction between eligible customer and provider which relies exclusively on new electric resources currently in operation1. If a proposed transaction between an eligible customer and a provider relies exclusively on new electric resources currently in operation or by way of market purchases: (a) Not later than 20 calendar days after the date on which the Commission determines that the eligible customer has complied with all terms, conditions and compliance items imposed pursuant to NAC 704B.370, the eligible customer shall notify the electric utility and the Commission in writing as to whether the eligible customer intends to proceed with the proposed transaction and, if so, the date of commencement.(b) The date of commencement must not be sooner than: (1) Sixty calendar days after the date on which the eligible customer notifies the electric utility pursuant to this subsection; and(2) Two hundred eighty calendar days after the date on which the eligible customer files the application, unless the Commission authorizes an earlier date of commencement.2. If the eligible customer notifies the electric utility and the Commission in writing pursuant to subsection 1 that the eligible customer intends to proceed with the proposed transaction, the electric utility:(a) May plan to discontinue procuring for the eligible customer the energy, capacity and ancillary services that the eligible customer will be purchasing from the provider pursuant to the proposed transaction; and(b) Shall install or implement, or cause to be installed or implemented, all systems, operations, equipment and other modifications necessary to accommodate the proposed transaction.3. If the actual date of commencement occurs after the date of commencement provided to the electric utility in the final notice of intent to proceed pursuant to this section, the electric utility may require the eligible customer, or the eligible customer may elect, to begin taking electric service under the provisions of the incremental pricing tariff of the electric utility.4. Notwithstanding the provisions of subsection 1 of this section and subsection 6 of NAC 704B.370, if the Commission determines that all terms, conditions and compliance items imposed pursuant to NAC 704B.370 have been satisfied more than 120 calendar days after the date on which the Commission issues its order approving the application, the Commission may adjust the period in which the eligible customer must notify the electric utility of its intent to proceed with the proposed transaction and the date of commencement.
Nev. Admin. Code § 704B.380
Added to NAC by Pub. Utilities Comm'n by R125-01, eff. 12-17-2001; A by R018-04, 11-17-2005; A by R195-22A, eff. 9/16/2024