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2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.711 - Decision on application for adjustment; conditions; requirements for approval; federal or state grants.

1. The Commission shall render its written decision within 180 days after receiving the application for such an adjustment.
2. The Commission shall render its decision based on the record and may grant the application, deny it or grant it according to such terms, conditions or modifications as the Commission finds appropriate.
3. The Commission may grant an application for such an adjustment if it determines that:
(a) There is substantial evidence that the projected saving in fuel is greater than the cost of conversion.
(b) The conversion is consistent with and included in the utility’s plan for resources.
(c) The conversion will substantially benefit the utility’s customers.
4. If the applicant becomes, by reason of the conversion, entitled to any federal or state grant, the Commission shall make such determinations and issue such orders as are necessary to reduce the amount of the cost of the conversion which the applicant would otherwise recover by means of the adjustment. If such a grant is received after the termination of the adjustment, the Commission shall make such determinations and issue such orders as are necessary to return any excess collected to the customers.
(Added to NRS by 1983, 752)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.716 - Calculation of amount of adjustment; effect on rates, prices and charges.

1. The amount of the adjustment must:
(a) Permit the applicant to recover the cost of the conversion, net of any taxes which may be imposed on the applicant for revenue received because of the adjustment, within the period of recovery authorized by the Commission.
(b) Be at least two-thirds, but not more than three-fourths, of the cost of the fuel saved.
2. The Commission shall not recognize, when calculating any rate, price or charge, other than the amount of the adjustment, the costs of the conversion subject to the requirements of this section.
(Added to NRS by 1983, 752)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.726 - Annual accounting of cost of conversion and revenues from adjustment in rates; termination of adjustment upon recovery of cost of conversion.

1. A public utility shall annually present to the Commission a certified accounting of the cost of conversion and an accounting of the revenues it has received in that year from the adjustment in its rates.
2. When a public utility has fully recovered its share of the cost of conversion and the debt and interest thereon are paid, or at the end of the period set for the recovery, whichever is sooner, it shall:
(a) Stop the adjustment;
(b) Rescind the applicable tariff;
(c) Present the Commission with proof of the public utility’s compliance with all orders of the Commission regarding the adjustment; and
(d) Present the Commission with a complete accounting of the cost of conversion and revenues it has received through the adjustment.
3. If the proof so presented in subsection 2 shows that the revenue collected pursuant to the adjustment is not equal to the public utility’s share of the cost of the conversion, the Commission shall order any actions necessary to return any excess or collect the amount still needed for full recovery.
(Added to NRS by 1983, 752)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.731 - Faith of State pledged.

The faith of the State is hereby pledged that NRS 704.701 to 704.731, inclusive, will not be repealed, amended or modified to impair any tariff or charge ordered by the Commission pursuant to those sections.
(Added to NRS by 1983, 753)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7311 - Definitions.

As used in NRS 704.7311 to 704.7322, inclusive, unless the context otherwise requires, the words and terms defined in NRS 704.7312 to 704.7315, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2013, 3074)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7315 - "Renewable energy facility" defined.

"Renewable energy facility" means an electric generating facility that uses renewable energy to produce electricity. As used in this section, "renewable energy" has the meaning ascribed to it in NRS 704.7715.
(Added to NRS by 2013, 3074; A 2019, 14)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7317 - Electric utility required to record certain amounts in regulatory asset.

An electric utility shall, upon the completion of construction or acquisition of any electric generating plant or other facility constructed or acquired pursuant to an emissions reduction and capacity replacement plan accepted by the Commission pursuant to NRS 704.751, begin recording in a regulatory asset, with carrying charges, an amount that reflects a return on the electric utility’s investment in the facility, depreciation of the utility’s investment in the facility and the cost of operating and maintaining the facility.
(Added to NRS by 2013, 3076)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7318 - Sites used for production of electricity from coal-fired electric generating plant, natural gas electric generating plant or renewable energy facility: Remediation or reuse; regulation of emissions from electric generating plants constructed on certain sites.

1. To ensure the remediation and, when possible, the reuse of any site used for the production of electricity from a coal-fired electric generating plant, natural gas electric generating plant or renewable energy facility in this State, the Division of Environmental Protection of the State Department of Conservation and Natural Resources has exclusive jurisdiction to supervise and regulate the remediation of such sites, including, without limitation, exclusive authority to regulate and supervise the remediation of surface water and groundwater and solid-waste disposal operations located at such a site.
2. The Division of Environmental Protection has exclusive authority to regulate emissions from any electric generating plant constructed on a site previously used for the production of electricity from a coal-fired electric generating plant.
(Added to NRS by 2013, 3076; A 2015, 2215)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7319 - General rate proceedings filed before June 1, 2018, which include request to recover certain costs.

If, in any general rate proceeding filed by an electric utility before June 1, 2018, the utility includes a request for recovery of any amount related to the implementation of an emissions reduction and capacity replacement plan and recovery of such an amount would result in an increase in the electric utility’s total revenue requirement of more than 5 percent, the utility must propose a method or mechanism by which such excess may be mitigated. The Commission may accept or reject such a rate method or mechanism. If the mitigation method or mechanism is approved by the Commission, the utility shall record any deferred revenue in a regulatory asset account and may calculate carrying charges on the unamortized balance of the regulatory asset.
(Added to NRS by 2013, 3076)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.732 - Amendment to utility’s emissions reduction and capacity replacement plan required when utility requests approval and acceptance by Commission of contract with new renewable energy facility.

1. An electric utility shall file with the Commission an amendment to the utility’s emissions reduction and capacity replacement plan each time the utility requests approval and acceptance by the Commission of any contract with a new renewable energy facility as the result of a request for proposals pursuant to the current emissions reduction and capacity replacement plan. Except as otherwise provided in subsection 3, the Commission may approve and accept the renewable energy facility if the Commission determines that:
(a) The facility is a renewable energy system as defined in NRS 704.7815; and
(b) The terms and conditions of the contract are just and reasonable and satisfy the capacity requirements set forth in subsection 2 of NRS 704.7316.
2. In considering a contract pursuant to subsection 1, the Commission shall, in addition to considering the cost to customers of the electric utility, give consideration to those contracts or renewable energy facilities that will provide:
(a) The greatest economic benefit to this State;
(b) The greatest opportunity for the creation of new jobs in this State; and
(c) The best value to customers of the electric utility.
3. The Commission may approve a contract as the result of the issuance of a request for proposals after June 10, 2015, if the Commission:
(a) Authorizes the issuance of the request for proposals pursuant to a written order of the Commission issued after June 10, 2015; and
(b) Determines that the electric utility has satisfactorily demonstrated a need for the capacity that would be acquired or otherwise provided for pursuant to the contract.
(Added to NRS by 2013, 3077; A 2015, 3656)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7321 - Commission may recommend to electric utility modification of or amendment to emissions reduction and capacity replacement plan; actions by electric utility.

If the Commission deems inadequate any portion of an emissions reduction and capacity replacement plan or any amendment to the plan, the Commission may recommend to the electric utility a modification of that portion of the plan or amendment, and the electric utility may:
1. Accept the modification; or
2. Withdraw the proposed plan or amendment.
(Added to NRS by 2013, 3077)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.733 - Definitions.

As used in NRS 704.733 to 704.7341, inclusive, unless the context otherwise requires, the words and terms defined in NRS 704.7331 to 704.7337, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2015, 2214)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7331 - "Asset" defined.

"Asset" has the meaning ascribed to the term "generation asset" in NRS 704.7575 which contains 50 or more contiguous acres, and of which all real and personal property, including, without limitation, land, structures, equipment and transmission lines and switching stations directly associated with the generation asset, are located wholly or partially within this State.
(Added to NRS by 2015, 2214)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7338 - Electric utility to file list of assets with Commission; contents of list.

1. Each electric utility that is required to file a plan pursuant to NRS 704.741 shall include as part of that plan a list of all assets of the electric utility.
2. Each electric utility not specified in subsection 1 which holds a permit issued pursuant to NRS 704.870 shall, on or before January 31 of each year, file with the Commission a list of all assets.
3. Each electric utility not specified in subsection 1 or 2 which owns a utility facility, as defined in NRS 704.860, that was permitted by a local authority based on an application filed before July 1, 1971, shall file with the Commission a list of all assets of the electric utility.
4. The list of assets required by subsections 1, 2 and 3 must:
(a) Include a brief description of each asset;
(b) Include the output capacity of each asset;
(c) Classify each asset as operational, pre-operational reserve, post-operational reserve, surplus or decommissioned; and
(d) For each asset classified as pre-operational reserve or post-operational reserve, include a statement in a form approved by the Commission regarding the viability of the future use of the asset for energy generation.
5. Any asset with more than one owner must be included on the list of assets of each owner who is required to file a list pursuant to this section.
(Added to NRS by 2015, 2214)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7339 - Reclassification of asset as surplus.

For each asset classified by an electric utility as pre-operational reserve or post-operational reserve pursuant to:
1. Subsection 1 of NRS 704.7338, the Commission may, after notice and a hearing pursuant to NRS 704.746, reclassify the asset as surplus if the Commission determines that the asset is no longer used or useful to the customers of the electric utility.
2. Subsection 2 or 3 of NRS 704.7338, the Commission may, after notice and a hearing pursuant to NRS 703.320, reclassify the asset as surplus if the Commission determines that the asset is no longer utilized to produce or transmit electricity and that it is not reasonable to expect that the asset will be used to produce or transmit electricity in the future.
(Added to NRS by 2015, 2215)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.734 - Surplus asset retirement plans: Filing; contents; subject to approval by Commission.

1. For each asset which has been classified as surplus by an electric utility pursuant to NRS 704.7338 or reclassified as surplus by the Commission pursuant to NRS 704.7339, each electric utility which owns all or part of the asset shall file a surplus asset retirement plan with the Commission within 120 days after the asset has been classified or reclassified as surplus. Such a plan is subject to the approval of the Commission.
2. A surplus asset retirement plan must include:
(a) A brief description of the asset, including without limitation, its generating capacity, its current condition and any details regarding ownership.
(b) A plan for the decommissioning of the site, including without limitation, the closure of any remaining operational activities, any required environmental remediation, the removal and disposal of any physical assets deemed unsuitable for redevelopment and remediation, as determined by the Division of Environmental Protection of the State Department of Conservation and Natural Resources pursuant to NRS 704.7318, or, if decommissioning is underway or completed, a full description of the decommissioning program.
(c) A marketing plan for the sale of the asset, prepared in consultation with the Office of Economic Development, which must disclose any environmental issues or other restrictions and emphasize the value of the asset in its marketplace.
(d) A timeline for implementation of the plan, including without limitation, key dates for completion of benchmarks including a final sale date. To the extent reasonably possible, the timeline must indicate a final sale date that is within 30 months after commencement of the plan.
(Added to NRS by 2015, 2215)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7341 - Duty of electric utility to carry out surplus asset retirement plan; amendment of plan by Commission.

Except as otherwise provided in this section, each electric utility that owns all or part of an asset which has been classified as surplus by an electric utility pursuant to NRS 704.7338 or reclassified as surplus by the Commission pursuant to NRS 704.7339 shall carry out the surplus asset retirement plan filed pursuant to NRS 704.734. The Commission may, for good cause, extend the projected final sale date or otherwise amend the surplus asset retirement plan.
(Added to NRS by 2015, 2215)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.736 - Applicability.

The application of NRS 704.736 to 704.754, inclusive, is limited to any public utility in the business of supplying electricity which has an annual operating revenue in this state of $2,500,000 or more.
(Added to NRS by 1983, 886; A 1995, 1105; 2009, 993; 2017, 938, 2472; 2019, 14)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7362 - Definitions.

As used in NRS 704.736 to 704.754, inclusive, unless the context otherwise requires, the words and terms defined in NRS 704.7364, 704.7366 and 704.7368 have the meanings ascribed to them in those sections.
(Added to NRS by 2017, 937; A 2019, 14)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7364 - "Cost effective" defined.

"Cost effective" means an energy efficiency plan or energy efficiency program has a benefit-cost ratio of 1.0 or greater as determined by the Commission, using a test of the cost effectiveness of the plan or program that:
1. Is selected by the Commission; and
2. Accounts for any non-energy benefits of the plan or program.
(Added to NRS by 2017, 937)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7366 - "Energy efficiency and conservation program" defined.

1. "Energy efficiency and conservation program" means a program designed, intended or used to improve energy efficiency by reducing the energy consumption by a retail customer of a utility which supplies electricity in this State.
2. The term includes, without limitation, a demand-side response program or load-limiting program that shifts the consumption of energy by a retail customer from one period to another period.
3. The term does not include the implementation or assessment of any rate which is based on the time of day, day of the week or time of year during which electricity is used or which otherwise varies based upon the time during which the electricity is used.
(Added to NRS by 2017, 938)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.738 - Program of optional pricing for electricity generated from renewable energy: Authorization of Commission required; Commission may authorize higher rates.

1. A utility which supplies electricity in this state may apply to the Commission for authority to charge, as part of a program of optional pricing, a higher rate for electricity that is generated from renewable energy.
2. The program may provide the customers of the utility with the option of paying a higher rate for electricity to support the increased use by the utility of renewable energy in the generation of electricity.
3. As used in this section, "renewable energy" has the meaning ascribed to it in NRS 704.7715.
(Added to NRS by 1995, 1104; A 2001, 2530, 3253; 2019, 15)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.744 - Utility required to provide overview of plan or amendment to plan to certain persons and conduct consumer session before filing such plan or amendment; inclusion of summary of consumer session in testimony of utility.

1. The Commission shall require each utility which supplies electricity in this State, not less than 4 months before filing a plan required pursuant to NRS 704.741, or within a reasonable period before filing an amendment to such a plan in accordance with the regulations adopted by the Commission pursuant to NRS 704.741, to meet with personnel from the Commission and the Bureau of Consumer Protection in the Office of the Attorney General and any other interested persons to provide an overview of the anticipated filing or amendment.
2. Each utility which supplies electricity in this State shall, before filing a plan required pursuant to NRS 704.741 or an amendment to such a plan, schedule at least one consumer session to review the plan or amendment and provide an opportunity for interested persons to:
(a) Learn about the progress of the utility in developing plans and amendments to plans;
(b) Determine whether key assumptions are being applied in a consistent and acceptable manner;
(c) Determine whether key results are reasonable; and
(d) Offer suggestions on other matters as appropriate.
3. Each utility shall prepare a summary of each consumer session held pursuant to subsection 2 and include the summary in the testimony of the utility in support of the plan or amendment to the plan.
(Added to NRS by 2017, 2471; A 2023, 3041)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.753 - Acquisition by utility of renewable energy facility from which utility was authorized to purchase electricity in plan approved by Commission.

A utility may, without any additional approval of the Commission, acquire an existing renewable energy facility or a renewable energy facility that is being developed if:
1. The Commission has accepted a provision of a plan or an amendment to a plan pursuant to NRS 704.751 that provides for the purchase of the electricity generated by the renewable energy facility pursuant to an agreement for the purchase of that electricity.
2. The utility provides a notice to the Commission which states:
(a) That the utility will not include the renewable energy facility in its rate base or expenses associated with the facility in its revenue requirement and, instead, will use the mechanism established by the regulations adopted by the Commission pursuant to subsection 4 of NRS 704.752 to account for the electricity generated by the renewable energy facility and charge a just and reasonable price for that electricity to its customers through the deferred accounting mechanism set forth in NRS 704.187;
(b) The contract price originally approved by the Commission will be the just and reasonable price that the utility will charge its customers for electricity generated by the renewable energy facility pursuant to the accounting mechanism set forth in NRS 704.187;
(c) The utility agrees to be bound by all of the terms and conditions of the agreement for the purchase of the electricity that was accepted by the Commission pursuant to NRS 704.751 and acknowledges that, following the conclusion of the term of the agreement, the utility may not include:
(1) Any capital investment associated with the renewable energy facility in the utility’s rate base; or
(2) Any expense associated with the renewable energy facility in the utility’s revenue requirement; and
(d) That the utility acknowledges that, at the conclusion of the existing term of the agreement, the utility may not include a just and reasonable charge for the price of the electricity produced by the renewable energy facility in the deferred accounting mechanism set forth in NRS 704.187 unless the Commission approves a just and reasonable charge by reference to a competitive market price through a plan filed pursuant to NRS 704.741, or an amendment to such plan, filed by the utility pursuant to the regulations adopted by the Commission pursuant to subsection 4 of NRS 704.752.
(Added to NRS by 2019, 11)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.754 - Reports regarding transmission plan.

On or before February 15 of each odd-numbered year, the Commission shall review, approve and submit to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report compiling all information about any transmission plan proposed by, adopted by or made known to the Commission since the last report.
(Added to NRS by 2009, 992)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7561 - Definitions.

As used in NRS 704.7561 to 704.7595, inclusive, unless the context otherwise requires, the words and terms defined in NRS 704.7565 to 704.7581, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2001, 343)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7568 - "Dispose of a generation asset" defined.

"Dispose of a generation asset" means to:
1. Sell, lease, assign, transfer or divest an interest in a generation asset, in whole or in part, to another person; or
2. Perform any promise, covenant or obligation to sell, lease, assign, transfer or divest an interest in a generation asset, in whole or in part, to another person pursuant to the terms of a contract or agreement executed before, on or after April 18, 2001, unless, before April 18, 2001:
(a) All terms and conditions of the contract or agreement were satisfied; and
(b) All parties to the contract or agreement fully performed all promises, covenants and obligations under the contract or agreement.
(Added to NRS by 2001, 343)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7571 - "Electric utility" defined.

1. "Electric utility" means:
(a) Any public utility or successor in interest that:
(1) Is in the business of providing electric service to customers;
(2) Holds a certificate of public convenience and necessity issued or transferred pursuant to this chapter; and
(3) In the most recently completed calendar year or in any other calendar year within the 7 calendar years immediately preceding the most recently completed calendar year, had a gross operating revenue of $250,000,000 or more in this state;
(b) A subsidiary or affiliate of such a public utility;
(c) A holding company or other person that holds a controlling interest in such a public utility; and
(d) A successor in interest to any public utility, subsidiary, affiliate, holding company or person described in paragraph (a), (b) or (c).
2. The term does not include a cooperative association, nonprofit corporation, nonprofit association or provider of electric service which is declared to be a public utility pursuant to NRS 704.673 and which provides service only to its members.
(Added to NRS by 2001, 343)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7575 - "Generation asset" defined.

1. "Generation asset" means any plant, facility, equipment or system that:
(a) Converts other forms of energy into electricity or otherwise produces electricity;
(b) Is or was owned, possessed, controlled, leased, operated, administered, maintained, acquired or placed into service by an electric utility before, on or after January 1, 2001;
(c) Is subject, in whole or in part, to regulation by the Commission; and
(d) Is used and useful for the convenience of the public in this State, as determined by the Commission.
2. The term does not include:
(a) Any hydroelectric plant, facility, equipment or system which has a generating capacity of not more than 15 megawatts and which is located on the Truckee River or on a waterway that is appurtenant to or connected to the Truckee River.
(b) Any net metering system, as defined in NRS 704.771.
(Added to NRS by 2001, 344)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7578 - "Interest in a generation asset" defined.

1. "Interest in a generation asset" means any interest, in whole or in part, in the physical plant, facility, equipment or system that makes up the generation asset, whether such interest is legal or equitable, present or future, or contingent or vested.
2. The term does not include any interest in the electricity or other energy produced by the generation asset.
(Added to NRS by 2001, 344)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7581 - "Person" defined.

"Person" means:
1. A natural person;
2. Any form of business or social organization and any other nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust or unincorporated organization;
3. A government or an agency or instrumentality of a government, including, without limitation, this state or an agency or instrumentality of this state; and
4. A political subdivision of this state or of any other government or an agency or instrumentality of a political subdivision of this state or of any other government.
(Added to NRS by 2001, 344)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7585 - Provisions do not prohibit certain transactions involving generation assets or other property.

The provisions of NRS 704.7561 to 704.7595, inclusive, do not prohibit an electric utility from pledging, mortgaging, granting a security interest in or otherwise encumbering any of its generation assets or other property for the purpose of securing indebtedness of the electric utility which exists on April 18, 2001, or which is issued or incurred by the electric utility after April 18, 2001, in financing transactions approved by the Commission.
(Added to NRS by 2001, 3269)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7588 - Conditions and limitations on disposal of generation assets; approval of Commission required; application; parties; effect of certain orders.

Except as otherwise provided in NRS 704.7311 to 704.7322, inclusive, 704.734 and 704.7591:
1. Before July 1, 2003, an electric utility shall not dispose of a generation asset.
2. On or after July 1, 2003, an electric utility shall not dispose of a generation asset unless, before the disposal, the Commission approves the disposal by a written order issued in accordance with the provisions of this section.
3. Not sooner than January 1, 2003, an electric utility may file with the Commission an application to dispose of a generation asset on or after July 1, 2003. If an electric utility files such an application, the Commission shall not approve the application unless the Commission finds that the disposal of the generation asset will be in the public interest. The Commission shall issue a written order approving or disapproving the application. The Commission may base its approval of the application upon such terms, conditions or modifications as the Commission deems appropriate.
4. If an electric utility files an application to dispose of a generation asset, the Consumer’s Advocate shall be deemed a party of record.
5. If the Commission approves an application to dispose of a generation asset before July 1, 2003, the order of the Commission approving the application:
(a) May not become effective sooner than July 1, 2003;
(b) Does not create any vested rights before the effective date of the order; and
(c) For the purposes of NRS 703.373, shall be deemed a final decision on the date on which the order is issued by the Commission.
(Added to NRS by 2001, 344; A 2013, 3086; 2015, 2216)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7591 - Conditions and limitations on disposal of generation assets pursuant to certain mergers, acquisitions, transactions and transfers.

1. An electric utility may dispose of its generation assets pursuant to a merger, acquisition or transaction that is authorized pursuant to NRS 704.329 or pursuant to a transfer of its certificate of public convenience and necessity that is authorized pursuant to NRS 704.410, if:
(a) The electric utility disposes of substantially all of its generation assets and substantially all of its other assets to the other person in the merger, acquisition, transaction or transfer; and
(b) The Commission approves of the disposal of the generation assets in an order issued pursuant to NRS 704.7588.
2. Any person who assumes or has assumed ownership, possession, control, operation, administration or maintenance of a generation asset pursuant to a merger, acquisition, transaction or transfer described in subsection 1 is subject to the provisions of NRS 704.7561 to 704.7595, inclusive.
(Added to NRS by 2001, 345; A 2021, 3800)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.761 - Definitions.

As used in NRS 704.761 to 704.7622, inclusive, unless the context otherwise requires, the words and terms defined in NRS 704.7611 to 704.7619, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2019, 1187)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7611 - "Alternative rate-making mechanism" defined.

"Alternative rate-making mechanism" means a rate-making mechanism in an alternative rate-making plan and includes, without limitation, performance-based rates, formula rates, multi-year rate plans, subscription pricing, an earnings-sharing mechanism, decoupling mechanism or any other rate-making mechanism authorized by the Commission by regulation.
(Added to NRS by 2019, 1187)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7612 - "Alternative rate-making plan" defined.

"Alternative rate-making plan" means a plan that would implement one or more alternative rate-making mechanisms to be used in addition to or in place of the rate-making process established by NRS 704.110.
(Added to NRS by 2019, 1188)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7617 - "Multi-year rate plan" defined.

"Multi-year rate plan" means a rate mechanism under which the Commission sets rates and revenue requirements for a multi-year plan period of more than 36 months, including, without limitation, a plan which authorizes periodic changes in rates, including, without limitation, adjustments to account for inflation or capital investments, without a general rate application.
(Added to NRS by 2019, 1188)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.764 - Electric utility required to disclose certain information concerning recycling of electronic and other waste; format, contents and methods of disclosure; regulations.

1. The Commission shall adopt regulations requiring each electric utility to disclose to its retail customers information about the safe disposal and recycling of electronic waste, electrical systems and other waste, including, without limitation, compact fluorescent light bulbs, in accordance with the comprehensive state energy plan established by the Director of the Office of Energy pursuant to NRS 701.190. The disclosure must:
(a) Be in a standard, uniform format established by the Commission by regulation; and
(b) Be included:
(1) At least two times each calendar year, as an insert in the bills that the electric utility sends to its retail customers; and
(2) If the electric utility maintains a website on the Internet or any successor to the Internet, on that website.
2. As used in this section, "electric utility" has the meaning ascribed to it in NRS 704.187.
(Added to NRS by 2009, 1391; A 2011, 2076)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.766 - Legislative declaration.

It is hereby declared to be the purpose and policy of the Legislature in enacting NRS 704.766 to 704.776, inclusive, to:
1. Encourage private investment in renewable energy resources;
2. Stimulate the economic growth of this State;
3. Enhance the continued diversification of the energy resources used in this State; and
4. Streamline the process for customers of a utility to apply for and install net metering systems.
(Added to NRS by 1997, 777; A 2007, 3003; 2011, 1941; 2015, 2150; 2019, 1201)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.767 - Definitions.

As used in NRS 704.766 to 704.776, inclusive, unless the context otherwise requires, the words and terms defined in NRS 704.7675 to 704.772, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1997, 777; A 2001, 3253; 2011, 1941; 2015, 2150; 2017, 4281; 2019, 1201)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7675 - "Contiguous" defined.

"Contiguous" means either abutting directly on the boundary or separated by a street, alley, public right-of-way, creek, river or the right-of-way of a railroad or other public service corporation.
(Added to NRS by 2011, 1940)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.771 - "Net metering system" defined.

1. "Net metering system" means:
(a) A facility or energy system for the generation of electricity that:
(1) Uses renewable energy as its primary source of energy to generate electricity;
(2) Has a generating capacity of not more than 1 megawatt;
(3) Is located on the customer-generator’s premises;
(4) Operates in parallel with the utility’s transmission and distribution facilities; and
(5) Is intended primarily to offset part or all of the customer-generator’s requirements for electricity;
(b) A facility or energy system for the generation of electricity that:
(1) Uses waterpower as its primary source of energy to generate electricity;
(2) Is located on property owned by the customer-generator;
(3) Has a generating capacity of not more than 1 megawatt;
(4) Generates electricity that is delivered to the transmission and distribution facilities of the utility; and
(5) Is intended primarily to offset all or part of the customer-generator’s requirements for electricity on that property or contiguous property owned by the customer-generator; or
(c) A facility or energy system for the generation of electricity:
(1) Which uses wind power as its primary source of energy to generate electricity;
(2) Which is located on property owned or leased by an institution of higher education in this State;
(3) Which has a generating capacity of not more than 1 megawatt;
(4) Which operates in parallel with the utility’s transmission and distribution facilities;
(5) Which is intended primarily to offset all or part of the customer-generator’s requirements for electricity on that property or on contiguous property owned or leased by the customer-generator;
(6) Which is used for research and workforce training; and
(7) The construction or installation of which is commenced on or before December 31, 2011, and is completed on or before December 31, 2012.
2. The term does not include a facility or energy system for the generation of electricity which has a generating capacity that exceeds the greater of:
(a) The limit on the demand that the class of customer of the customer-generator may place on the system of the utility; or
(b) One hundred percent of the customer-generator’s annual requirements for electricity.
(Added to NRS by 1997, 777; A 2001, 3253; 2003, 1874; 2005, 1816; 2007, 3003; 2011, 1941)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7715 - "Renewable energy" defined.

1. "Renewable energy" means:
(a) Biomass;
(b) Geothermal energy;
(c) Solar energy;
(d) Waterpower; and
(e) Wind.
2. The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.
3. As used in this section, "waterpower" means power derived from standing, running or falling water which is used for any plant, facility, equipment or system to generate electricity if the generating capacity of the plant, facility, equipment or system is not more than 30 megawatts. Except as otherwise provided in this subsection, the term includes, without limitation, power derived from water that has been pumped from a lower to a higher elevation if the generating capacity of the plant, facility, equipment or system for which the water is used is not more than 30 megawatts. The term does not include power:
(a) Derived from water stored in a reservoir by a dam or similar device, unless:
(1) The water is used exclusively for irrigation;
(2) The dam or similar device was in existence on January 1, 2003; and
(3) The generating capacity of the plant, facility, equipment or system for which the water is used is not more than 30 megawatts;
(b) That requires a new or increased appropriation or diversion of water for its creation; or
(c) That requires the use of any fossil fuel for its creation, unless:
(1) The primary purpose of the use of the fossil fuel is not the creation of the power; and
(2) The generating capacity of the plant, facility, equipment or system for which the water is used is not more than 30 megawatts.
(Added to NRS by 2001, 3242; A 2019, 15)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7725 - Utility required to submit request to Commission to establish time-variant rate schedule designed to expand use of energy storage systems; review and approval or denial of request by Commission.

1. An electric utility that primarily serves densely populated counties shall, on or before August 1, 2017, file with the Commission in a manner authorized by NRS 704.110 a request that the Commission establish an optional time-variant rate schedule for customers, including, without limitation, customer-generators who acquire an energy storage system.
2. An electric utility that primarily serves less densely populated counties shall, on or before January 16, 2018, file with the Commission in a manner authorized by NRS 704.100 a request that the Commission establish an optional time-variant rate schedule for customers, including, without limitation, customer-generators who acquire an energy storage system.
3. A request filed pursuant to subsection 1 or 2 must be designed to expand and accelerate the development and use of energy storage systems in this State.
4. The Commission:
(a) Shall review each request filed pursuant to subsection 1 or 2;
(b) May approve each request that the Commission finds to be in the public interest; and
(c) Not later than March 15, 2018, shall issue a written order approving or denying each request filed pursuant to subsection 1 or 2.
5. As used in this section:
(a) "Electric utility that primarily serves densely populated counties" has the meaning ascribed to it in NRS 704.110.
(b) "Electric utility that primarily serves less densely populated counties" has the meaning ascribed to it in NRS 704.110.
(c) "Energy storage system" means any commercially available technology that is capable of retaining energy, storing the energy for a period of time and delivering the energy after storage, including, without limitation, by chemical, thermal or mechanical means.
(d) "Time-variant rate schedule" means a rate schedule that incorporates different rates for different times of day during which electricity may be used by a customer or fed back to the utility by the customer.
(Added to NRS by 2017, 4278)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.774 - Standards; utility prohibited from requiring certain customer-generators to meet additional requirements.

1. A net metering system used by a customer-generator must meet all applicable safety and power quality standards established by:
(a) The
National Electrical Code
;
(b) Underwriters Laboratories Inc.; and
(c) The Institute of Electrical and Electronic Engineers.
2. A customer-generator whose net metering system meets such safety and quality standards must not be required by the utility to:
(a) Comply with additional standards or requirements;
(b) Perform additional tests;
(c) Install additional controls; or
(d) Purchase additional liability insurance,
arising solely from the status as a customer-generator.
(Added to NRS by 1997, 778)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.776 - Conditions and limitations on utilities and customer-generators in open, competitive retail electric energy market. [Effective with respect to electricity customers in a service territory on the date on which the Legislature provides for an open, competitive retail electric energy market for all electricity customers within that service territory.]

If the Legislature provides by law for an open, competitive retail electric energy market for all electricity customers within a service territory:
1. Each person providing electric service in that service territory shall be deemed to be a utility for the purposes of NRS 704.766 to 704.776, inclusive;
2. The Commission or any other agency designated by law to regulate electric service in this State shall prohibit any person providing electric service in the service territory from impeding or interrupting the operation or performance or otherwise restrict the output of an existing net metering system; and
3. A customer-generator must be required to pay any costs charged to other customers of the person providing electric service to the customer-generator in the rate class to which the customer-generator would belong if the customer-generator did not have a net metering system.
(Added to NRS by 2017, 4281; A 2019, 1203, effective with respect to electricity customers in a service territory on the date on which the Legislature provides for an open, competitive retail electric energy market for all electricity customers within that service territory)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7801 - Definitions.

As used in NRS 704.7801 to 704.7828, inclusive, unless the context otherwise requires, the words and terms defined in NRS 704.7802 to 704.7819, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2001, 2526; A 2003, 806, 1874; 2005, 22nd Special Session, 82; 2009, 996; 2019, 15)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7802 - "Energy efficiency measure" defined.

1. "Energy efficiency measure" means any measure designed, intended or used to improve energy efficiency:
(a) If:
(1) The measure is installed or implemented on or after January 1, 2005, at the service location of or for a retail customer of a provider of electric service in this State;
(2) The measure reduces the consumption of energy by one or more retail customers; and
(3) The costs of the acquisition, installation or implementation of the measure are directly reimbursed, in whole or in part, by the provider of electric service, or by a customer of a provider of new electric resources pursuant to chapter 704B of NRS; or
(b) Which is a geothermal energy system for the provision of heated water to one or more customers and which reduces the consumption of electricity or any fossil fuel, regardless of when constructed.
2. The term does not include any demand response measure or load limiting measure that shifts the consumption of energy by a retail customer from one period to another period.
(Added to NRS by 2005, 22nd Special Session, 80; A 2007, 413, 2986; 2011, 230)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7803 - "Portfolio energy credit" defined.

"Portfolio energy credit" means any credit which a provider has earned from a portfolio energy system or efficiency measure and which the provider is entitled to use to comply with its portfolio standard, as determined by the Commission.
(Added to NRS by 2005, 22nd Special Session, 80)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7804 - "Portfolio energy system or efficiency measure" defined.

"Portfolio energy system or efficiency measure" means:
1. Any renewable energy system:
(a) Placed into operation before July 1, 1997, if a provider of electric service used electricity generated or acquired from the renewable energy system to satisfy its portfolio standard before July 1, 2009;
(b) Placed into operation before July 1, 1997, that uses waterpower from a plant, facility, equipment or system to generate electricity, if the waterpower is acquired by the provider of electric service from another party pursuant to a contract for a term of not less than 10 years and the provider of electric service began acquiring the waterpower from the plant, facility, equipment or system before April 22, 2019; or
(c) Placed into operation on or after July 1, 1997.
2. Any energy efficiency measure installed on or before December 31, 2019.
(Added to NRS by 2005, 22nd Special Session, 80; A 2013, 2318; 2019, 16)