2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.9818 - Power purchase agreement: Disclosure.

1. A power purchase agreement for the sale of output of a distributed generation system must include a disclosure that is not more than 3 pages in length and is in at least 10-point font.
2. The disclosure described in subsection 1 must be separate from the cover page and agreement described in NRS 598.9816 and 598.9817.
3. The disclosure described in subsection 1 must include, without limitation:
(a) The name, mailing address, telephone number and electronic mail address of the solar installation company;
(b) The name, mailing address, telephone number, electronic mail address and number of the contractor’s license of the person who installed the distributed generation system, if different from the solar installation company;
(c) The name, mailing address, telephone number, electronic mail address and the number of the contractor’s license of the person responsible for all maintenance of the distributed generation system if different from the solar installation company;
(d) The payment schedule for the distributed generation system, including, without limitation, any payments that are due, if applicable, at:
(1) Signing for the distributed generation system;
(2) Commencement of installation of the distributed generation system; and
(3) Completion of installation of the distributed generation system;
(e) A description of any one-time or recurring fees, including, without limitation, a description of the circumstances that trigger:
(1) Any late fees;
(2) Estimated fees for the removal of the distributed generation system;
(3) Fees for a notice of removal and refiling pursuant to the Uniform Commercial Code;
(4) Fees for connecting to the Internet; and
(5) Fees for not enrolling in a program in which payments are made through an electronic transfer of money cleared through an automated clearinghouse;
(f) A statement that describes when payments are due;
(g) The rate of any payment increases and the date on which the first increase in the rate may occur, if applicable;
(h) Assumptions concerning the design of the distributed generation system, including, without limitation:
(1) The size of the distributed generation system;
(2) The estimated amount of production for the distributed generation system in the first year of operation;
(3) The estimated annual degradation to the distributed generation system; and
(4) As specified by the agreement at the time of installation, whether or not an electric utility must credit a customer of the electric utility for any excess energy that is generated by the distributed generation system;
(i) A disclosure notifying the purchaser of the intent of the owner of the distributed generation system to file a fixture filing, as defined in NRS 104A.2309, on the distributed generation system;
(j) A disclosure notifying the purchaser if maintenance and repairs of the distributed generation system are included in the agreement;
(k) A disclosure describing any warranty for the repair of any damage to the roof of the property owned by the purchaser in connection with the installation or removal of the distributed generation system;
(l) A disclosure describing the transferability of the distributed generation system in connection with the purchaser selling his or her property;
(m) A description of any guarantees of the performance of the distributed generation system;
(n) A description of the basis for any estimates of savings that were provided to the purchaser, if applicable; and
(o) A disclosure concerning the retention of any portfolio energy credits, if applicable.
(Added to NRS by 2017, 4275)