Nevada 2019 Regular Session Status: Enacted 2 D cosponsors

SB 547 — Revises provisions relating to providers of new electric resources. (BDR 58-913)

Last action — Chapter 556.

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    Passed Assembly
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    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced May 16, 2019. Enacted.

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  • 13 sponsors

    13 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 D).

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Summary

AN ACT relating to energy; excluding from regulation as a public utility certain plants or equipment used by a data center; revising provisions governing the applicability of certain assessments imposed by the Public Utilities Commission of Nevada; revising the information required to be included in the integrated resource plan filed by an electric utility with the Commission; revising the criteria to be eligible to apply to the Commission to purchase energy, capacity or ancillary services from a provider of new electric resources; revising the requirements a provider of new electric resources must satisfy to be eligible to sell energy, capacity or ancillary services to eligible customers; revising the requirements an eligible customer must satisfy to be authorized to purchase energy, capacity or ancillary services from a provider of new electric resources; revising the terms and conditions for the purchase of energy, capacity or ancillary services by eligible customers who have been approved to make such purchases from a provider of new electric resources; repealing provisions governing certain agreements relating to generation assets of an electric utility; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

1225 added · 1414 removed

1225 line(s) added, 1414 removed.

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(Reprinted with amendments adopted on June 2, 2019) SECOND REPRINT S.B.
Senate Bill No.
547 SENATE BILL N O.
547–Senators Brooks, Cannizzaro, Spearman, Cancela, Parks;
547–SENATORS BROOKS , CANNIZZARO , SPEARMAN , CANCELA , PARKS;
Denis, Dondero Loop, Ohrenschall, Ratti, Washington and Woodhouse Joint Sponsors:
D ENIS, DONDERO L OOP, O HRENSCHALL , ATTI, WASHINGTON AND W OODHOUSE M AY 16, 2019 ____________ JOINT SPONSORS :
Assemblymen Frierson and Monroe-Moreno CHAPTER..........
SSEMBLYMEN FRIERSON AND M ONROE -M ORENO ____________ Referred to Committee on Growth and Infrastructure SUMMARY—Revises provisions relating to providers of new electric resources.
(BDR 58-913) FISCAL NOTE:
EEffect on the State:
Yes.:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
- *SB547_R2* – 2 – LegSection 2 of this bill excludes from regulation as a public utility certain plants or equipment used by a data center but only with respect to operations of the data center which consist of providing electric service.
Legislative Counsel’s Digest:
or equipment used by a data center but only with respect to operations of the dataants center which consist of providing electric service.
If the Commission approves such an application, the Commission is required to order such terms, conditions and payments as the Commission deems necessary and appropriate to customer is authorized to begin purchasing energy, capacity and ancillary servicesigible from the provider of new electric resources in accordance with the order of the Commission.
If the Commission conditions and payments as the Commission deems necessary and appropriate to, ensure that the transaction will not be contrary to the public interest and the eligible customer is authorized to begin purchasing energy, capacity and ancillary services from the provider of new electric resources in accordance with the order of the Commission.
(NRS 704B.310) Existing law requires the Commission to levy and collect an annual mill tax on public utilities that are subject to the jurisdiction of the Commission.
(NRS 704B.310) public utilities that are subject to the jurisdiction of the Commission.
(NRS 704.033) Under existing law, if the Commission authorizes a customer of an electric utility to purchase energy, capacity and ancillary services from a provider of new electric resources, the Commission is required to order the customer to pay its share of the annual mill tax levied by the Commission and to pay any other tax, continued to purchase energy, capacity or ancillary services from the electric utility.
(NRSax on 704.033) Under existing law, if the Commission authorizes a customer of an electric utility to purchase energy, capacity and ancillary services from a provider of new electric resources, the Commission is required to order the customer to pay - 80th Session (2019) – 2 – its share of the annual mill tax levied by the Commission and to pay any other tax, fee or assessment that would be due to a governmental entity had the customer continued to purchase energy, capacity or ancillary services from the electric utility.
(NRS 704B.360) Sections 3 and 21 of this bill revise this requirement by removing the requirement for an order of the Commission and, instead, imposing the requirement to pay the annual mill tax and any other taxes, fees or assessments on the customer or the provider of new electric resources, as applicable.
(NRS 704B.360) Sections 3 and 21 of this bill revise this requirement by removing requirement to pay the annual mill tax and any other taxes, fees or assessments on the customer or the provider of new electric resources, as applicable.
(NRS 704.741) Section 5 of this bill requires the integrated resource plan to include a proposal for annual purchase from providers of new electric resources through transactions approved byo the Commission pursuant to an application submitted on or after May 16, 2019.
(NRS 704.741) Section of this bill requires the integrated resource plan to include a proposal for annual limits on the energy and capacity that certain eligible customers are authorized to purchase from providers of new electric resources through transactions approved by the Commission pursuant to an application submitted on or after May 16, 2019.
selling energy, capacity or ancillary services to any person or governmental entity in this State unless the provider holds a license to do so issued by the Commission.
Section 16 of this bill prohibits a provider of new electric resources from in this State unless the provider holds a license to do so issued by the Commission.
Section 26 of this bill authorizes a provider of new electric resources who sold energy, capacity or ancillary services to a customer before the effective date of this bill to continue to sell energy, capacity or ancillary services to that customer without obtaining a license if the provider submits an established by the Commission by regulation and the Commission issues thea date license.
Section 26 of this bill authorizes a provider of new electric resources who sold energy, capacity or ancillary services to a customer before the effective date of this bill to continue to sell energy, capacity or ancillary services to that customer without obtaining a license if the provider submits an application for a license to the Commission not later than 30 days after a date established by the Commission by regulation and the Commission issues the license.
(1) requires the Commission to adopt regulations to establish a procedure by which a customer who has been approved to purchase energy, capacity or ancillary services from a provider of new electric resources may - *SB547_R2* – 3 – electric utility;
(1) requires the Commission to adopt regulations to establish a procedure by which a customer who has been approved to purchase energy, capacity or ancillary services from a provider of new electric resources may apply to the Commission to return to purchasing bundled electric service from an electric utility;
(2) authorizes the Commission to establish such terms andom an conditions on such a return as the Commission deems necessary and appropriate to prevent harm to customers of the electric utility;
(2) authorizes the Commission to establish such terms and conditions on such a return as the Commission deems necessary and appropriate to limit the number of times a customer is authorized to be approved to purchaseion to energy, capacity or ancillary services from a provider of new electric resources;
(3) authorizes the Commission to limit the number of times a customer is authorized to be approved to purchase energy, capacity or ancillary services from a provider of new electric resources;
Section 12 of this bill provides that a nongovernmental commercial or electric utility at any time before the effective date of this bill is eligible to apply to the Commission for approval to purchase energy, capacity or ancillary services from a provider of new electric resources if certain requirements are met, including a requirement that the average annual load of such a customer will be 1 megawatt or more.
Section 12 of this bill provides that a nongovernmental commercial or industrial end-use customer or a governmental entity that was not a customer of an electric utility at any time before the effective date of this bill is eligible to apply to the Commission for approval to purchase energy, capacity or ancillary services from a provider of new electric resources if certain requirements are met, including a requirement that the average annual load of such a customer will be 1 megawatt or more.
Section 25 of this bill provides that this provision does not apply to a person who, before the effective date of this bill, was approved to purchase energy, capacity and ancillary services from a provider of new electric resources.
Section 25 of this bill provides that this provision does not apply to a - 80th Session (2019) – 3 – person who, before the effective date of this bill, was approved to purchase energy, capacity and ancillary services from a provider of new electric resources.
(NRS 704B.170) Section 14 of this bill removes the date from this provision and, thus, provides that the existing law governing the purchase of energy, capacity or ancillary services from a provider of newExisting law requires the Public Utilities Commission of Nevada to submit to the Legislative Commission, not later than 2 business days after receiving a request from the Legislative Commission, a written report summarizing certain information related to transactions between providers of new electric resources and customers approved by the Commission to purchase energy, capacity or ancillary services from such providers.
(NRS 704B.170) Section 14 of this bill removes the date from this provision and, thus, provides that the existing law governing the purchase of energy, capacity or ancillary services from a provider of new electric resources does not affect any contract.
(NRS 704B.210) Section 15 of this bill requires this report to include only the public information that the customer included in the application filed with the Commission rather than all information that the customer included in the application.
Existing law requires the Public Utilities Commission of Nevada to submit to the Legislative Commission, not later than 2 business days after receiving a request from the Legislative Commission, a written report summarizing certain information related to transactions between providers of new electric resources and customers approved by the Commission to purchase energy, capacity or ancillary services from such providers.
approval of the Commission to purchase energy, capacity and ancillary services from a provider of new electric resources by:
(NRS 704B.210) Section 15 of this bill requires this report to include only the public information that the customer included in the application the application.ommission rather than all information that the customer included in Section 17 of this bill revises the procedure to apply for and obtain the approval of the Commission to purchase energy, capacity and ancillary services from a provider of new electric resources by:
(4) information identifying transmission requirements and the extent to whichde transmission import capacity is needed;
(4) requiring the specific information included with the application to include information identifying transmission requirements and the extent to which transmission import capacity is needed;
(6) revising the - *SB547_R2* – 4 – transaction is in the public interest;
(6) revising the transaction is in the public interest;
Existing law authorizes a customer that is purchasing energy, capacity or ancillary services from a provider of new electric resources to purchase energy, approval of the Commission if the terms and conditions of that transaction, other than the price of the energy, capacity or ancillary services, conform to the transaction originally approved by the Commission.
Existing law authorizes a customer that is purchasing energy, capacity or ancillary services from a provider of new electric resources to purchase energy, capacity or ancillary services from an alternative provider without obtaining the approval of the Commission if the terms and conditions of that transaction, other than the price of the energy, capacity or ancillary services, conform to the transaction originally approved by the Commission.
(NRS 704B.325) Section 18 of this bill prohibits the purchase of energy, capacity or ancillary services from an alternative provider unless the alternative provider is licensed as a provider of new electric resources by the Commission pursuant to section 9.
(NRS 704B.325) Section 18 of - 80th Session (2019) – 4 – this bill prohibits the purchase of energy, capacity or ancillary services from an alternative provider unless the alternative provider is licensed as a provider of new electric resources by the Commission pursuant to section 9.
Existing law prohibits a provider of new electric resources from selling energy, capacity or ancillary services to a customer unless the customer has a time-of-use meter installed at the point of delivery of energy to the customer.
Existing law prohibits a provider of new electric resources from selling energy, capacity or ancillary services to a customer unless the customer has a time-of-use law, an electric utility is required to install a time-of-use meter at each point of delivery of energy to the customer if the customer does not have a time-of-use meter at that point of delivery.
Under existing delivery of energy to the customer if the customer does not have a time-of-useint of meter at that point of delivery.
(1) conduct a vulnerability assessment in accordance with the requirements of certain federal and regional agencies;
(1) conduct a vulnerability assessment in prepare and maintain an emergency response plan in accordance with theies;
(2) prepare and maintain an emergency response plan in accordance with the year, review its vulnerability assessment and emergency response plan and submith to the Division of Emergency Management of the Department of Public Safety the results of that review and any additions or modifications to its emergency response plan.
(2) requirements of certain federal and regional agencies;
and (3) at least once each year, review its vulnerability assessment and emergency response plan and submit to the Division of Emergency Management of the Department of Public Safety the results of that review and any additions or modifications to its emergency response plan.
Section 24 of this bill provides that any application to purchase energy, capacity or ancillary services from a provider of new electric resources that was submitted to the Commission before the passage and approval of this bill is deemed to be denied unless the application was filed before May 16, 2019.
Section 24 of this bill provides that any application to purchase energy, submitted to the Commission before the passage and approval of this bill is deemed to be denied unless the application was filed before May 16, 2019.
Section 24 disposition of an application apply to an application filed before May 16, 2019.
Section 24 further provides that the provisions of existing law governing the consideration and disposition of an application apply to an application filed before May 16, 2019.
and Sections 25 and 26 of this bill enact provisions governing eligible customers who were approved by the Commission to purchase energy, capacity or ancillary services before the effective date of this bill.
Sections 25 and 26 of this bill enact provisions governing eligible customers who were approved by the Commission to purchase energy, capacity or ancillary services before the effective date of this bill.
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EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
All testimony at such hearings must be taken down by the stenographer appointed by the Commission or, - *SB547_R2* – 5 – under the direction of any competent person appointed by the Commission, must be reported by sound recording equipment in the manner authorized for reporting testimony in district courts.
All testimony at such hearings must be taken down by the stenographer appointed by the Commission or, under the direction of any competent person appointed by the Commission, must be reported by sound recording equipment in the manner authorized for reporting testimony in district courts.
The costs of recording and transcribing testimony at any hearing, except those hearings ordered pursuant to NRS 703.310, must be paid by the applicant.
The costs of recording and transcribing testimony at any hearing, except those hearings ordered pursuant to NRS 703.310, - 80th Session (2019) – 5 – must be paid by the applicant.
3.
Commission from:ions of this section do not prohibit the (a) Restricting access to the records and transcripts of a hearing pursuant to paragraph (a) of subsection 3 of NRS 703.196.
The provisions of this section do not prohibit the Commission from:
(a) Restricting access to the records and transcripts of a hearing pursuant to paragraph (a) of subsection 3 of NRS 703.196.
Persons not otherwise engaged in the business of furnishing, producing or selling water or services for the disposal of sewage, or both, but who sell or furnish water or services for the disposal of sewage, or both, as an accommodation in an area where water or services for the disposal of sewage, or both, are not available from a public utility, cooperative corporations and associations or political subdivisions engaged in the business of furnishing water or services for the disposal of sewage, or both, for compensation, to persons within the political subdivision.
Persons not otherwise engaged in the business of furnishing, both, but who sell or furnish water or services for the disposal ofor sewage, or both, as an accommodation in an area where water or services for the disposal of sewage, or both, are not available from a public utility, cooperative corporations and associations or political subdivisions engaged in the business of furnishing water or services for the disposal of sewage, or both, for compensation, to persons within the political subdivision.
- *SB547_R2* – 6 – 4.
4.
6.
- 80th Session (2019) – 6 – 6.
Persons who are video service providers, as defined in NRS 711.151, except for those operations of the video service provider which consist of providing a telecommunication service to the public, in which case the video service provider is a public utility only with regard to those operations of the video service provider which consist of providing a telecommunication service to the public.
Persons who are video service providers, as defined in NRS 711.151, except for those operations of the video service provider which consist of providing a telecommunication service to the public, in which case the video service provider is a public utility which consist of providing a telecommunication service to thevider public.
Persons who own, control, operate or manage a facility that supplies electricity only for use to charge electric vehicles.
Persons who own, control, operate or manage a facility that sup12.
12.
Except as otherwise provided in subsection 6, the Commission shall levy and collect an annual assessment from all - *SB547_R2* – 7 – public utilities, providers of new electric resources, providers of discretionary natural gas service and alternative sellers subject to the jurisdiction of the Commission.
Except as otherwise provided in subsection 6, the Commission shall levy and collect an annual assessment from all public utilities, providers of new electric resources, providers of discretionary natural gas service and alternative sellers subject to the jurisdiction of the Commission.
2.
- 80th Session (2019) – 7 – 2.
The total annual assessment must be not more than 4.25 mills.
The total annual ass3.
3.
7.
ascribed to it in NRS 704B.130.ic resources” has the meaning Sec.
“Provider of new electric resources” has the meaning ascribed to it in NRS 704B.130.
Sec.
- *SB547_R2* – 8 – 2.
- 80th Session (2019) – 8 – 2.
The assessment is due on July 1 of each year, but may, at the option of the public utility, provider of new electric resources, provider of discretionary natural gas service and alternative seller, be paid quarterly on July 1, October 1, January 1 and April 1.
The assessment is due on July 1 of each year, but may, at the option of the public utility, provider of new electric resources, be paid quarterly on July 1, October 1, January 1 and April 1.seller, 4.
4.
When a public utility, provider of new electric resources, provider of discretionary natural gas service or alternative seller sells, transfers or conveys substantially all of its assets or, if applicable, its certificate of public convenience and necessity [,] or license, the Commission shall determine, levy and collect the accrued assessment for the current year not later than 30 days after the sale, transfer or conveyance, unless the transferee has assumed liability for the assessment.
When a public utility, provider of new electric resources, provider of discretionary natural gas service or alternative seller sells, transfers or conveys substantially all of its assets or, if applicable, its certificate of public convenience and necessity [,] or accrued assessment for the current year not later than 30 days after the sale, transfer or conveyance, unless the transferee has assumed liability for the assessment.
9.
- 80th Session (2019) – 9 – 9.
- *SB547_R2* – 9 – Sec.
Sec.
Two or more utilities that are affiliated through common ownership and that have an interconnected system for the transmission of electricity shall submit a joint plan.
Two or more utilities that are affiliated through common ownership and that have an submit a joint plan.m for the transmission of electricity shall 2.
2.
(a) An energy efficiency program for residential customers which reduces the consumption of electricity or any fossil fuel and which includes, without limitation, the use of new solar thermal energy sources.
which reduces the consumption of electricity or any fossil fuel and which includes, without limitation, the use of new solar thermal energy sources.
(d) An analysis of the effects of the requirements of NRS 704.766 to 704.777, inclusive, on the reliability of the distribution system of the utility or utilities and the costs to the utility or utilities to provide electric service to all customers.
- 80th Session (2019) – 10 – (d) An analysis of the effects of the requirements of NRS 704.766 to 704.777, inclusive, on the reliability of the distribution system of the utility or utilities and the costs to the utility or utilities to provide electric service to all customers.
The analysis must - *SB547_R2* – 10 – include an evaluation of the costs and benefits of addressing issues of reliability through investment in the distribution system.
The analysis must include an evaluation of the costs and benefits of addressing issues of reliability through investment in the distribution system.
4.
include in the plan a plan for construction or expansion of to transmission facilities to serve renewable energy zones and to facilitate the utility or utilities in meeting the portfolio standard established by NRS 704.7821.
The Commission shall require the utility or utilities to include in the plan a plan for construction or expansion of transmission facilities to serve renewable energy zones and to facilitate the utility or utilities in meeting the portfolio standard established by NRS 704.7821.
(c) Propose cost-effective methods of effectively coordinating existing programs approved by the Commission, incentives and tariffs to maximize the locational benefits and minimize the incremental costs of distributed resources.
(c) Propose cost-effective methods of effectively coordinating existing programs approved by the Commission, incentives and incremental costs of distributed resources.
(d) Identify any additional spending necessary to integrate cost- effective distributed resources into distribution planning consistent with the goal of yielding a net benefit to the customers of the electric utility or utilities.
and minimize the (d) Identify any additional spending necessary to integrate cost- effective distributed resources into distribution planning consistent with the goal of yielding a net benefit to the customers of the electric utility or utilities.
The Commission shall require the utility or utilities to include in the plan a proposal for annual limits on the total amount of energy and capacity that eligible customers may be authorized to purchase from providers of new electric resources through transactions approved by the Commission pursuant to an application submitted pursuant to NRS 704B.310 on or after May 16, 2019.
The Commission shall require the utility or utilities to include in the plan a proposal for annual limits on the total amount of energy and capacity that eligible customers may be authorized to purchase from providers of new electric resources - 80th Session (2019) – 11 – through transactions approved by the Commission pursuant to an application submitted pursuant to NRS 704B.310 on or after May 16, 2019.
In developing the proposal and the forecasts in the plan, the utility or utilities must use a sensitivity analysis that, at a minimum, addresses load growth, import capacity, system constraints and the effect of eligible customers purchasing less - *SB547_R2* – 11 – energy and capacity than authorized by the proposed annual limit.
In developing the proposal and the forecasts in the plan, the utility or utilities must use a sensitivity analysis that, at a minimum, addresses load growth, import capacity, system constraints and the effect of eligible customers purchasing less energy and capacity than authorized by the proposed annual limit.
(b) The number of eligible customers that are currently being served by or anticipated to be served by the utility or utilities;
served by or anticipated to be served by the utility or utilities;
(a) “Carbon intensity” means the amount of carbon by weight emitted per unit of energy consumed.
emitted per unit of energy consumed.amount of carbon by weight (b) “Distributed generation system” has the meaning ascribed to it in NRS 701.380.
(b) “Distributed generation system” has the meaning ascribed to it in NRS 701.380.
(h) “Renewable energy zones” means specific geographic zones where renewable energy resources are sufficient to develop generation capacity and where transmission constrains the delivery of electricity from those resources to customers.
- 80th Session (2019) – 12 – (h) “Renewable energy zones” means specific geographic zones where renewable energy resources are sufficient to develop generation capacity and where transmission constrains the delivery of electricity from those resources to customers.
- *SB547_R2* – 12 – Sec.
Sec.
After a utility has filed its plan pursuant to NRS 704.741, the Commission shall convene a public hearing on the adequacy of the plan.
After a utility has filed its plan pursuant to NRS adequacy of the plan.on shall convene a public hearing on the 2.
2.
(a) The forecast requirements of the utility or utilities are based on substantially accurate data and an adequate method of forecasting.
(a) The forecast requirements of the utility or utilities are based on substantially accurate data and an adequate method of for(b) The plan identifies and takes into account any present and projected reductions in the demand for energy that may result from measures to improve energy efficiency in the industrial, commercial, residential and energy producing sectors of the area being served.
(b) The plan identifies and takes into account any present and projected reductions in the demand for energy that may result from measures to improve energy efficiency in the industrial, commercial, residential and energy producing sectors of the area being served.
(4) Facilities that operate on solar or geothermal energy or wind;
- 80th Session (2019) – 13 – (4) Facilities that operate on solar or geothermal energy or wind;
(a) Provide the greatest economic and environmental benefits to the State;
(a) Provide the greatest economic and environmental benefits to the(b) Are consistent with the provisions of this section;
- *SB547_R2* – 13 – (b) Are consistent with the provisions of this section;
(a) Consider the level of financial commitment from developers of renewable energy projects in each renewable energy zone, as designated pursuant to subsection 2 of NRS 704.741;
(a) Consider the level of financial commitment from developers designated pursuant to subsection 2 of NRS 704.741;
and (b) Adopt regulations establishing a process for considering such commitments including, without limitation, contracts for the sale of energy, leases of land and mineral rights, cash deposits and letters of credit.
andone, as (b) Adopt regulations establishing a process for considering such commitments including, without limitation, contracts for the sale of energy, leases of land and mineral rights, cash deposits and letters of credit.
(b) Whether the plan provides the greatest economic benefit to this State;
- 80th Session (2019) – 14 – (b) Whether the plan provides the greatest economic benefit to this State;
In considering whether to accept or modify a proposal for annual limits on the total amount of energy and capacity that eligible customers may be authorized to purchase from providers of new electric resources through transactions approved by the Commission pursuant to an application submitted pursuant to NRS 704B.310 after May 16, 2019, which is included in the plan - *SB547_R2* – 14 – pursuant to subsection 6 of NRS 704.741, the Commission shall consider whether the proposed annual limits:
In considering whether to accept or modify a proposal for annual limits on the total amount of energy and capacity that eligible customers may be authorized to purchase from providers Commission pursuant to an application submitted pursuant tothe NRS 704B.310 after May 16, 2019, which is included in the plan pursuant to subsection 6 of NRS 704.741, the Commission shall consider whether the proposed annual limits:
To qualify for a license, a provider of new electric resources must do all of the following:
To qualify for a license, a provider of new electric res(a) Submit an application for the license to the Commission that includes all information deemed necessary by the Commission to determine whether the provider of new electric resources is qualified to obtain a license pursuant to this section.
(a) Submit an application for the license to the Commission that includes all information deemed necessary by the Commission to determine whether the provider of new electric resources is qualified to obtain a license pursuant to this section.
(d) Demonstrate to the satisfaction of the Commission that the provider of new electric resources has the managerial competence necessary to sell energy, capacity and ancillary services to eligible customers.
- 80th Session (2019) – 15 – (d) Demonstrate to the satisfaction of the Commission that the provider of new electric resources has the managerial competence necessary to sell energy, capacity and ancillary services to eligible customers.
(g) Demonstrate to the satisfaction of the Commission fitness to sell energy, capacity and ancillary services to eligible customers.
to sell energy, capacity and ancillary services to eligible customers.
- *SB547_R2* – 15 – (1) Whether legal action has been taken against the provider or any of its affiliates in another jurisdiction;
(1) Whether legal action has been taken against the provider or any of its affiliates in another jurisdiction;
The Commission, after notice and a hearing in the manner set forth in chapter 703 of NRS, may deny the application of a provider of new electric resources for a license or limit, suspend or revoke a license issued to a provider of new electric resources if such action is necessary to protect the public interest or to enforce a provision of the laws of this State or a regulation adopted by the Commission that is applicable to the provider of new electric resources.
The Commission, after notice and a hearing in the manner set forth in chapter 703 of NRS, may deny the application of a provider of new electric resources for a license or limit, resources if such action is necessary to protect the public interest or to enforce a provision of the laws of this State or a regulation adopted by the Commission that is applicable to the provider of new electric resources.
(b) Eligible customers served by a provider of new electric resources will receive safe and reliable service from the provider;
- 80th Session (2019) – 16 – (b) Eligible customers served by a provider of new electric resources will receive safe and reliable service from the provider;
The Commission shall by regulation establish a procedure for an eligible customer who is purchasing energy, capacity or ancillary services from a provider of new electric resources to apply to the Commission to purchase bundled electric service from an electric utility.
The Commission shall by regulation establish a procedure for an eligible customer who is purchasing energy, capacity or ancillary services from a provider of new electric service from an electric utility.
and - *SB547_R2* – 16 – (b) Establish limitations on the use of the tariffs approved by the Commission pursuant to NRS 704B.330.
and (b) Establish limitations on the use of the tariffs approved by the Commission pursuant to NRS 704B.330.
Sec.
704B.080 “Eligible customer” means an end-use customerlows:
12.
which is:
NRS 704B.080 is hereby amended to read as follows:
704B.080 “Eligible customer” means an end-use customer which is:
(b) Performs its functions using one or more facilities which are operated under a common budget and common control;
- 80th Session (2019) – 17 – (b) Performs its functions using one or more facilities which are operated under a common budget and common control;
(b) Performs its functions using one or more facilities which are operated under a common budget and common control;
are operated under a common budget and common control;
and (c) Would have an average annual load of 1 megawatt or more in the service territory of an electric utility.
and which (c) Would have an average annual load of 1 megawatt or more in the service territory of an electric utility.
and - *SB547_R2* – 17 – (b) Would have an average annual load of 1 megawatt or more in the service territory of an electric utility.
and (b) Would have an average annual load of 1 megawatt or more in the service territory of an electric utility.
From an identifiable generation asset that is not owned by an electric utility or is not subject to contractual commitments to an electric utility that make the energy, capacity or ancillary services from the generation asset unavailable for purchase by an eligible customer;
From an identifiable generation asset that is not owned by an electric utility or is not subject to contractual commitments to an electric utility that make the energy, capacity or ancillary services customer;
[and (b) Able to be delivered to an eligible customer.] or 2.
[andation asset unavailable for purchase by an eligible (b) Able to be delivered to an eligible customer.] or 2.
[and which exists on July 17, 2001.] 2.
[and which exists on July 17, 2001.] - 80th Session (2019) – 18 – 2.
704B.210 The Commission shall, not later than 2 business days after receiving a request in writing from the Legislative Commission, submit to the Legislative Commission a written report which summarizes for the period requested by the Legislative Commission:
704B.210 The Commission shall, not later than 2 business days after receiving a request in writing from the Legislative Commission, submit to the Legislative Commission a written report which summarizes for the period requested by the Legislative Com1.ssiEach application which was filed with the Commission pursuant to the provisions of this chapter and which requested approval of a proposed transaction between an eligible customer and a provider of new electric resources;
1.
Each application which was filed with the Commission pursuant to the provisions of this chapter and which requested approval of a proposed transaction between an eligible customer and a provider of new electric resources;
Whether the Commission approved the application and, if so, the effective date of the proposed transaction, the terms and - *SB547_R2* – 18 – conditions of the proposed transaction, and the terms, conditions and payments ordered by the Commission.
Whether the Commission approved the application and, if so, the effective date of the proposed transaction, the terms and conditions of the proposed transaction, and the terms, conditions and payments ordered by the Commission.
(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 ;
(a) The eligible customers have been approved to purchase energy, capacity and ancillary services from the provider pursuant to the(b) TheionstransactionB.3compliesd 70with20;ther provisions of NRS 704B.325.
[and 704B.320;] or (b) The transaction complies with the provisions of NRS 704B.325.
and (b) [Does not become and shall not be deemed to be] Becomes subject to the jurisdiction of the Commission [except as otherwise provided in this chapter or by specific statute.] only for the purposes of this chapter and NRS 704.033, 704.035 and 704.7801 to 704.7828, inclusive.
and (b) [Does not become and shall not be deemed to be] Becomes subject to the jurisdiction of the Commission [except as otherwise provided in this chapter or by specific statute.] only for the - 80th Session (2019) – 19 – purposes of this chapter and NRS 704.033, 704.035 and 704.7801 to 704.7828, inclusive.
704B.310 1.
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:
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:
and] - *SB547_R2* – 19 – (b) The Commission approves the application by a written order issued in accordance with the provisions of this section [and NRS 704B.320.] ;
and] (b) The Commission approves the application by a written order issued in accordance with the provisions of this section [and NRS 704B.320.] ;
(b) Information demonstrating that the proposed provider will provide energy, capacity or ancillary services from a new electric resource;
(b) Information demonstrating that the proposed provider will resource;nergy, capacity or ancillary services from a new electric (c) [Information] Specific 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 , the point of receipt of the energy, capacity or ancillary services and the amount of energy, capacity or ancillary services to be purchased from the provider;
(c) [Information] Specific 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 , the point of receipt of the energy, capacity or ancillary services and the amount of energy, capacity or ancillary services to be purchased from the provider;
and (e) Any other information required pursuant to the regulations adopted by the Commission.
and - 80th Session (2019) – 20 – (e) Any other information required pursuant to the regulations adopted by the Commission.
4.
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.
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.
[or (b) Does not comply with the provisions of NRS 704B.320, if those provisions apply to the proposed transaction.] and (b) Will not cause the total amount of energy and capacity that eligible customers purchase from providers of new electric resources through transactions approved by the Commission - *SB547_R2* – 20 – pursuant to an application submitted pursuant to this section on or after May 16, 2019, to exceed an annual limit set forth in a plan filed with the Commission pursuant to NRS 704.741 and accepted by the Commission pursuant to NRS 704.751.
[or (b) Does not comply with the provisions of NRS 704B.320, if those provisions apply to the proposed transaction.] and (b) Will not cause the total amount of energy and capacity that eligible customers purchase from providers of new electric resources through transactions approved by the Commission pursuant to an application submitted pursuant to this section on or after May 16, 2019, to exceed an annual limit set forth in a plan filed with the Commission pursuant to NRS 704.741 and accepted by the Commission pursuant to NRS 704.751.
(a) Whether the electric utility that has been providing electric service to the eligible customer will [be burdened by] experience increased costs as a result of the proposed transaction [or whether] ;
service to the eligible customer will [be burdened by] experienceric increased costs as a result of the proposed transaction [or whether] ;
(a) The eligible customer shall not begin purchasing energy, capacity or ancillary services from the provider pursuant to the proposed transaction sooner than [180] 280 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;
- 80th Session (2019) – 21 – (a) The eligible customer shall not begin purchasing energy, capacity or ancillary services from the provider pursuant to the proposed transaction sooner than [180] 280 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] in the public interest.
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] in the 8, such terms, conditions and payments:wise provided in subsection (1) Must be fair and nondiscriminatory as between the eligible customer and the remaining customers of the electric utility [;
[Such] Except as otherwise provided in subsection 8, such terms, conditions and payments:
(1) Must be fair and nondiscriminatory as between the eligible customer and the remaining customers of the electric utility [;
- *SB547_R2* – 21 – (3) Must establish payments calculated in a manner that provides the eligible customer with only its load-ratio share of the benefits associated with forecasted load growth if load growth is utilized to mitigate the impact of the eligible customer’s proposed transaction;
(3) Must establish payments calculated in a manner that provides the eligible customer with only its load-ratio share of the benefits associated with forecasted load growth if load growth is utilized to mitigate the impact of the eligible customer’s proposed transaction;
and (4) Must ensure that the eligible customer pays its load- ratio share of the costs associated with the electric utility’s obligations that were incurred as deviations from least-cost resource planning pursuant to the laws of this State including, without limitation, costs incurred to satisfy the requirements of NRS 704.7821 and implement the provisions of NRS 701B.240, 701B.336, 701B.580, 701B.670, 701B.820, 702.160, 704.773, 704.7827, 704.7836, 704.785, and Senate Bill No.
and (4) Must ensure that the eligible customer pays its load- obligations that were incurred as deviations from least-costy’s resource planning pursuant to the laws of this State including, without limitation, costs incurred to satisfy the requirements of NRS 704.7821 and implement the provisions of NRS 701B.240, 701B.336, 701B.580, 701B.670, 701B.820, 702.160, 704.773, 704.7827, 704.7836, 704.785, and Senate Bill No.
and (b) Would have a peak load of 10 megawatts or more in the service territory of an electric utility within 2 years of initially taking electric service, is required to pay only those costs, fees, charges or rates which apply to current and ongoing legislatively mandated public policy programs, as determined by the Commission.
and (b) Would have a peak load of 10 megawatts or more in the service territory of an electric utility within 2 years of initially taking electric service, - 80th Session (2019) – 22 – is required to pay only those costs, fees, charges or rates which apply to current and ongoing legislatively mandated public policy programs, as determined by the Commission.
and (b) The eligible customer may begin purchasing energy, capacity or ancillary services from the provider pursuant to the proposed transaction.] Sec.
and (b) The eligible customer may begin purchasing energy, proposed transaction.]services from the provider pursuant to the Sec.
(a) The terms and conditions of the transaction with the alternative provider, other than the price of the energy, capacity or ancillary services, conform to the terms and conditions of the transaction that was originally approved by the Commission with respect to the eligible customer [.] , including, without limitation, any terms and conditions, other than the price of the energy, capacity or ancillary services, that were approved by the - *SB547_R2* – 22 – Commission to address the factors considered by the Commission pursuant to subsection 6 of NRS 704B.310;
(a) The terms and conditions of the transaction with the alternative provider, other than the price of the energy, capacity or ancillary services, conform to the terms and conditions of the transaction that was originally approved by the Commission with respect to the eligible customer [.] , including, without limitation, any terms and conditions, other than the price of the energy, capacity or ancillary services, that were approved by the Commission to address the factors considered by the Commission pursuant to subsection 6 of NRS 704B.310;
If any terms and conditions of the transaction with the alternative provider, other than the price of the energy, capacity or ancillary services, do not conform to the terms and conditions of the transaction that was originally approved by the Commission with respect to the eligible customer, the eligible customer must obtain approval from the Commission before those nonconforming terms and conditions are enforceable.
If any terms and conditions of the transaction with the alternative provider, other than the price of the energy, capacity or transaction that was originally approved by the Commission withof the respect to the eligible customer, the eligible customer must obtain approval from the Commission before those nonconforming terms and conditions are enforceable.
(a) Must not be disclosed by the Commission except to the Regulatory Operations Staff of the Commission, the Consumer’s Advocate, the staff of the Consumer’s Advocate and the affected electric utility for the purposes of carrying out the provisions of this section;
- 80th Session (2019) – 23 – (a) Must not be disclosed by the Commission except to the Regulatory Operations Staff of the Commission, the Consumer’s Advocate, the staff of the Consumer’s Advocate and the affected electric utility for the purposes of carrying out the provisions of this section;
19.
(Deleted by amendment.) Sec.
- *SB547_R2* – 23 – (b) A governmental entity, the provider shall pay all costs for the time-of-use meter and for installation of the time-of-use meter by the electric utility.
(b) A governmental entity, the provider shall pay all costs for the time-of-use meter and for installation of the time-of-use meter by [3.] 4.ctrNot more than one person or entity may sell the energy that is delivered to an eligible customer through any one time-of-use meter.
[3.] 4.
Not more than one person or entity may sell the energy that is delivered to an eligible customer through any one time-of-use meter.
If the Commission approves an application that is filed pursuant to NRS 704B.310 or a request that is filed pursuant to NRS 704B.325, [the Commission shall order] the eligible customer [to:] or the provider of new electric resources, as applicable, shall:
If the Commission approves an application that is filed pursuant to NRS 704B.310 or a request that is filed pursuant - 80th Session (2019) – 24 – to NRS 704B.325, [the Commission shall order] the eligible customer [to:] or the provider of new electric resources, as applicable, shall:
and (c) Remit any tax, fee or assessment collected pursuant to paragraph (b) to the applicable governmental entity.
and paragraph (b) to the applicable governmental entity.rsuant to 2.
2.
Upon petition by a governmental entity to which a tax, fee or assessment must be remitted pursuant to this section [,] or the Regulatory Operations Staff of the Commission, the Commission may limit, suspend or revoke any order issued to an eligible customer by the Commission pursuant to NRS 704B.310 [and 704B.320] , limit, suspend or revoke any license issued to a provider of new electric resources pursuant to section 9 of this act, or impose an administrative fine pursuant to NRS 703.380, or both - *SB547_R2* – 24 – limit, suspend or revoke any order or license and impose an administrative fine pursuant to NRS 703.380, if the Commission, after providing an appropriate notice and hearing, determines that the eligible customer or provider of new electric resources, as applicable, has failed to pay [the] any tax, fee , [or] assessment [.] cost or rate required to be paid or remitted pursuant to subsection 1.
Upon petition by a governmental entity to which a tax, fee or assessment must be remitted pursuant to this section [,] or the Regulatory Operations Staff of the Commission, the Commission may limit, suspend or revoke any order issued to an eligible customer by the Commission pursuant to NRS 704B.310 [and 704B.320] , limit, suspend or revoke any license issued to a provider of new electric resources pursuant to section 9 of this act, or impose an administrative fine pursuant to NRS 703.380, or both administrative fine pursuant to NRS 703.380, if the Commission, after providing an appropriate notice and hearing, determines that the eligible customer or provider of new electric resources, as applicable, has failed to pay [the] any tax, fee , [or] assessment [.] cost or rate required to be paid or remitted pursuant to subsection 1.
Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.035, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, - *SB547_R2* – 25 – 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 433.534, 433A.360, 437.145, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 445A.665, 445B.570, 449.209, 449.245, 449A.112, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.325, 641A.191, 641A.289, 641B.170, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, [704B.320,] 704B.325, 706.1725, 706A.230, 710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.
Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, - 80th Session (2019) – 25 – 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 217.105, 20217.110,11217.464,13.217.475,.04218A.350,5, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.035, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 433.534, 433A.360, 437.145, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 445A.665, 445B.570, 449.209, 449.245, 449A.112, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 501.344, 503.452, - 80th Session (2019) – 26 – 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640E.340, 641.090, 641.325, 641A.191, 641A.289, 641B.170,0, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, [704B.320,] 704B.325, 706.1725, 706A.230, 710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to memorandum may be prepared from those public books and publicact or records.
Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the - *SB547_R2* – 26 – records or may be used in any other way to the advantage of the governmental entity or of the general public.
Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public.
A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.
A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to - 80th Session (2019) – 27 – subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.
An officer, employee or agent of a governmental entity who has legal custody or control of a public record:
An officer, employee or agent of a governmental entity who has legal custody or (a) Shall not refuse to provide a copy of that public record in a readily available medium because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
(a) Shall not refuse to provide a copy of that public record in a readily available medium because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
(a) As soon as practicable but not later than December 31, 2003, submit its vulnerability assessment and emergency response plan to the Division;
(a) As soon as practicable but not later than December 31, 2003, the Division;
and (b) At least once each year thereafter, review its vulnerability assessment and emergency response plan and, as soon as practicable after its review is completed but not later than December 31 of each - *SB547_R2* – 27 – year, submit the results of its review and any additions or modifications to its emergency response plan to the Division.
andability assessment and emergency response plan to (b) At least once each year thereafter, review its vulnerability assessment and emergency response plan and, as soon as practicable after its review is completed but not later than December 31 of each year, submit the results of its review and any additions or modifications to its emergency response plan to the Division.
and (b) At least once each year thereafter, review its vulnerability assessment and emergency response plan and, as soon as practicable after its review is completed but not later than December 31 of each year, submit the results of its review and any additions or modifications to its emergency response plan to the Division.
and (b) At least once each year thereafter, review its vulnerability assessment and emergency response plan and, as soon as practicable after its review is completed but not later than - 80th Session (2019) – 28 – December 31 of each year, submit the results of its review and any additions or modifications to its emergency response plan to the Division.
Except as otherwise provided in NRS 239.0115, each vulnerability assessment and emergency response plan of a utility or provider of new electric resources and any other information concerning a utility or provider that is necessary to carry out the provisions of this section is confidential and must be securely maintained by each person or entity that has possession, custody or control of the information.
Except as otherwise provided in NRS 239.0115, each vulnerability assessment and emergency response plan of a utility or provider of new electric resources and any other information concerning a utility or provider that is necessary to carry out the provisions of this section is confidential and must be securely maintained by each person or entity that has possession, custody or con[4.] 5.
[4.] 5.
thExcept as otherwise provided in NRS 239C.210, a person shall not disclose such information, except:
Except as otherwise provided in NRS 239C.210, a person shall not disclose such information, except:
or (2) Assist, solicit or conspire with another person to commit, cause, aid, further or conceal any unlawful act involving terrorism or sabotage.
or (2) Assist, solicit or conspire with another person to commit, or sabotage.further or conceal any unlawful act involving terrorism 7.
7.
Notwithstanding any other provision of law, an application filed before the effective date of this act pursuant to NRS 704B.310, as that section existed before the effective date of - *SB547_R2* – 28 – this act, shall be deemed to be denied by the Public Utilities Commission of Nevada unless the application was filed before May 16, 2019.
Notwithstanding any other provision of law, an application filed before the effective date of this act pursuant to NRS 704B.310, as that section existed before the effective date of this act, shall be deemed to be denied by the Public Utilities Commission of Nevada unless the application was filed before May 16, 2019.
The amendatory provisions of this act governing the consideration and disposition by the Public Utilities Commission of Nevada of an application filed pursuant to NRS 704B.310 do not apply to an application filed before May 16, 2019, and the disposition of such an application must be controlled by the applicable statutes as they existed before the effective date of this act.
The amendatory provisions of this act governing the consideration and disposition by the Public Utilities Commission of Nevada of an application filed pursuant to NRS 704B.310 do not apply to an application filed before May 16, 2019, and the - 80th Session (2019) – 29 – disposition of such an application must be controlled by the applicable statutes as they existed before the effective date of this act.
Notwithstanding the provisions of NRS 704B.080, as amended by section 12 of this act, an eligible customer who, before the effective date of this act, was approved to purchase energy, capacity or ancillary services from a provider of new electric resources pursuant to the provisions of NRS 704B.310, as that section existed before the effective date of this act, shall be deemed to be an eligible customer on and after the effective date of this act.
Notwithstanding the provisions of NRS 704B.080, as amended by section 12 of this act, an eligible customer who, before the effective date of this act, was approved to purchase energy, capacity or ancillary services from a provider of new electric resources pursuant to the provisions of NRS 704B.310, as that section existed before the effective date of this act, shall be deemed to Sec.
Sec.
1.
1.ble cNotwithstandingafterthee eprovisionsate of thNRSact.
Notwithstanding the provisions of NRS 704B.300, as amended by section 16 of this act, a provider of new electric resources who, before the effective date of this act, sold energy, capacity or ancillary services to one or more eligible customers that were approved to purchase energy, capacity or ancillary services from the provider pursuant to NRS 704B.310, as that section existed before the effective date of this act, must be issued a license by the Commission authorizing the provider of new electric resources to sell energy, capacity or ancillary services to that eligible customer if, not later than 30 days after a date established by the Commission by regulation, the provider submits to the Commission an application for a license pursuant to section 9 of this act.
704B.300, as amended by section 16 of this act, a provider of new electric resources who, before the effective date of this act, sold energy, capacity or ancillary services to one or more eligible customers that were approved to purchase energy, capacity or ancillary services from the provider pursuant to NRS 704B.310, as that section existed before the effective date of this act, must be issued a license by the Commission authorizing the provider of new electric resources to sell energy, capacity or ancillary services to that eligible customer if, not later than 30 days after a date established by the Commission by regulation, the provider submits to the Commission an application for a license pursuant to section 9 of this act.
Notwithstanding the provisions of NRS 704B.310, as amended by section 17 of this act, an eligible customer who, before the effective date of this act, was approved to purchase energy, capacity or ancillary services from a provider of new electric resources pursuant to the provisions of NRS 704B.310, as that section existed before the effective date of this act, may, on and after the effective date of this act, purchase energy, capacity and ancillary services from that provider if, not later than 30 days after a date established by the Commission by regulation, the provider submits to the Commission an application for a license pursuant to section 9 of this act.
Notwithstanding the provisions of NRS 704B.310, as amended by section 17 of this act, an eligible customer who, before the effective date of this act, was approved to purchase energy, capacity or ancillary services from a provider of new electric resources pursuant to the provisions of NRS 704B.310, as that section existed before the effective date of this act, may, on and ancillary services from that provider if, not later than 30 days after a date established by the Commission by regulation, the provider submits to the Commission an application for a license pursuant to section 9 of this act.
Notwithstanding the provisions of NRS 704B.310, as amended by section 17 of this act, an eligible customer who submitted an application pursuant to NRS 704B.310 before May 16, 2019, and was approved to purchase energy, capacity or ancillary - *SB547_R2* – 29 – services from a provider of new electric resources pursuant to the provisions of NRS 704B.310, as that section existed before the effective date of this act, may, on or after the date of the order authorizing the eligible customer to purchase energy, capacity or purchase such services from that provider if, not later than 30 days after a date established by the commission by regulation, the provider submits to the Commission an application for a license pursuant to section 9 of this act.
Notwithstanding the provisions of NRS 704B.310, as amended by section 17 of this act, an eligible customer who submitted an application pursuant to NRS 704B.310 before May 16, 2019, and was approved to purchase energy, capacity or ancillary services from a provider of new electric resources pursuant to the provisions of NRS 704B.310, as that section existed before the effective date of this act, may, on or after the date of the order authorizing the eligible customer to purchase energy, capacity or ancillary services from a provider of new electric resources, - 80th Session (2019) – 30 – purchase such services from that provider if, not later than 30 days after a date established by the commission by regulation, the provider submits to the Commission an application for a license pursuant to section 9 of this act.
Sec.
are hereby repealed..060, 704B.070, 704B.260 and 704B.320 Sec.
27.
NRS 704B.060, 704B.070, 704B.260 and 704B.320 are hereby repealed.
Sec.
TEXT OF REPEALED SECTIONS 704B.060 “Electric utility that primarily serves densely populated counties” defined.
~~~~~ 19 - 80th Session (2019)
“Electric utility that primarily serves densely populated counties” means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this state from customers located in counties whose population is 700,000 or more than it does from customers located in counties whose population is less than 700,000.
704B.070 “Electric utility that primarily serves less densely populated counties” defined.
“Electric utility that primarily serves less densely populated counties” means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this state from customers located in counties whose population is less than 700,000 than it does from customers located in counties whose population is 700,000 or more.
704B.260 Electric utilities may enter into certain agreements relating to generation assets;
increased energy, capacity or ancillary services deemed new electric resource;
ownership and use of new electric resource;
limitations;
duties and 1.stExcept as otherwise provided in this section, an electric utility may, at its discretion, enter into agreements relating to its generation assets and the energy, capacity or ancillary services provided by its generation assets with one or more other persons who are not electric utilities.
Such agreements, without limitation:
- *SB547_R2* – 30 – (a) May include agreements to construct or install a new generation asset on real property that is adjacent to an existing generation asset owned by the electric utility;
and (b) May provide for the sharing of available common facilities with the existing generation asset or the reengineering, repowering or expansion of the existing generation asset to generate energy more efficiently and at a lower cost and to make more energy available to customers in this state.
2.
Any increased energy, capacity or ancillary services made available from a new generation asset or an existing generation asset pursuant to an agreement described in subsection 1 shall be deemed to (a) Owned by the parties to the agreement who are not electric utilities;
and (b) Used or consumed by such parties for their own purposes, sold at wholesale by such parties or sold by such parties to one or more eligible customers pursuant to the provisions of this chapter.
3.
A transaction undertaken pursuant to an agreement described in subsection 1:
(a) Must not impair system reliability or the ability of the electric utility to provide electric service to its customers;
and (b) Must not violate the provisions of NRS 704.7561 to 704.7595, inclusive.
4.
The provisions of this section do not exempt any party to an or regulatory requirements relating to siting, construction andry operation of a generation asset.
5.
The Commission shall encourage the development of new electric resources and shall not exercise its regulatory authority in a manner that unnecessarily or unreasonably restricts, conditions or discourages any agreement described in subsection 1 that is likely to result in increased energy, capacity or ancillary services from a generation asset or improved or more efficient operation or management of a generation asset.
704B.320 Conditions and limitations for certain proposed transactions;
requirements for certain eligible customers;
limited disclosure of certain information;
duties of Commission;
com1.ianFor eligible customers whose loads are in the service territory of an electric utility that primarily serves densely populated counties, the aggregate amount of energy that all such eligible customers purchase from providers of new electric resources before July 1, 2003, must not exceed 50 percent of the difference between the existing supply of energy generated in this State that is available to the electric utility and the existing demand for energy in this State - *SB547_R2* – 31 – that is consumed by the customers of the electric utility, as determined by the Commission.
2.
An eligible customer that is a nongovernmental commercial or industrial end-use customer whose load is in the service territory of an electric utility that primarily serves densely populated counties shall not purchase energy, capacity or ancillary services from a provider of new electric resources unless, as part of the proposed transaction, the eligible customer agrees to:
(a) Contract with the provider to purchase:
(1) An additional amount of energy which is equal to 10 percent of the total amount of energy that the eligible customer is is purchased at the same price, terms and conditions as the energyh purchased by the eligible customer for its own use;
and (2) The capacity and ancillary services associated with the additional amount of energy at the same price, terms and conditions as the capacity and ancillary services purchased by the eligible customer for its own use;
and (b) Offers to assign the rights to the contract to the electric utility for use by the remaining customers of the electric utility.
3.
If an eligible customer is subject to the provisions of subsection 2, the eligible customer shall include with its application filed pursuant to NRS 704B.310 all information concerning the contract offered to the electric utility that is necessary for the the remaining customers of the electric utility for the electric utility to accept the rights to the contract.
Such information must include, without limitation, the amount of the energy and capacity to be purchased under the contract, the price of the energy, capacity and ancillary services and the duration of the contract.
4.
Notwithstanding any specific statute to the contrary, information concerning the price of the energy, capacity and ancillary services and any other terms or conditions of the contract that the Commission determines are commercially sensitive:
(a) Must not be disclosed by the Commission except to the Regulatory Operations Staff of the Commission, the Consumer’s Advocate, the staff of the Consumer’s Advocate and the electric andlity for the purposes of carrying out the provisions of this section;
(b) Except as otherwise provided in NRS 239.0115, shall be deemed to be confidential for all other purposes, and the Commission shall take such actions as are necessary to protect the confidentiality of such information.
5.
If the Commission determines that the contract:
- *SB547_R2* – 32 – (a) Is not in the best interest of the remaining customers of the electric utility, the electric utility shall not accept the rights to the contract, and the eligible customer is entitled to all rights to the contract.
(b) Is in the best interest of the remaining customers of the the contract and the eligible customer shall assign all rights to the contract to the electric utility.
A contract that is assigned to the electric utility pursuant to this paragraph shall be deemed to be an approved part of the resource plan of the electric utility and a prudent investment, and the electric utility may recover all costs for the energy, capacity and ancillary services acquired pursuant to the contract.
To the extent practicable, the Commission shall take actions to ensure that the electric utility uses the energy, capacity for the benefit of the remaining customers of the electric utility that are not eligible customers, with a preference for the remaining customers of the electric utility that are residential customers with small loads.
6.
The provisions of this section do not exempt the electric utility, in whole or in part, from the requirements imposed on the electric utility pursuant to NRS 704.7801 to 704.7828, inclusive, to comply with its portfolio standard.
The Commission shall not take those requirements.t to this section that conflict with or diminish H - *SB547_R2*
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Amendments

2 amendments

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Action History

  1. Chapter 556.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. From committee: Do pass. Declared an emergency measure under the Constitution. Read third time. Passed. Title approved. (Yeas: 40, Nays: 1, Vacant: 1.) To Senate. In Senate. To enrollment.

  5. From printer. To engrossment. Engrossed. First reprint. Read third time. Amended. (Amend. No. 1089.) Reprinting dispensed with. Read third time. Passed, as amended. Title approved. (Yeas: 21, Nays: None.) To printer. From printer. To re-engrossment. Re-engrossed. Second reprint. To Assembly. In Assembly. Read first time. Referred to Committee on Growth and Infrastructure. To committee.

  6. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 1070.) To printer.

  7. From printer. To committee.

  8. Read first time. Referred to Committee on Growth and Infrastructure. Waiver granted effective: May 10, 2019. To printer.

Sponsors

Sponsorship breakdown

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13 sponsors · 0 co-sponsors · 54 not signed on

Sponsors (13)

Co-sponsors (0)

None.

Not signed on (54)

54 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

technology energy
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Frequently asked questions

What does SB 547 do?
AN ACT relating to energy; excluding from regulation as a public utility certain plants or equipment used by a data center; revising provisions governing the applicability of certain assessments imposed by the Public Utilities Commission of Nevada; revising the information required to be included in the integrated resource plan filed by an electric utility with the Commission; revising the criteria to be eligible to apply to the Commission to purchase energy, capacity or ancillary services from a provider of new electric resources; revising the requirements a provider of new electric resources must satisfy to be eligible to sell energy, capacity or ancillary services to eligible customers; revising the requirements an eligible customer must satisfy to be authorized to purchase energy, capacity or ancillary services from a provider of new electric resources; revising the terms and conditions for the purchase of energy, capacity or ancillary services by eligible customers who have been approved to make such purchases from a provider of new electric resources; repealing provisions governing certain agreements relating to generation assets of an electric utility; and providing other matters properly relating thereto.
Who sponsors SB 547?
SB 547 is sponsored by Senator Yvanna Cancela, Senator David Parks, Assemblywoman Daniele Monroe-Moreno, Senator Moises Denis, Senator Marilyn Dondero Loop, Senator Marcia Washington, Cannizzaro, Nicole J. (Democratic), Ohrenschall, James (Democratic), Joyce Woodhouse, Julia Ratti, Jason Frierson, Pat Spearman, and Chris Brooks.
What is the current status of SB 547?
This bill has been enacted into law. Introduced May 16, 2019. Enacted.
Where can I track SB 547?
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