reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7805 - "Portfolio standard" defined.

"Portfolio standard" means the amount of electricity that a provider must generate, acquire or save from portfolio energy systems or efficiency measures, as established by the Commission pursuant to NRS 704.7821 and 704.78213.
(Added to NRS by 2001, 2527; A 2003, 1875; 2005, 22nd Special Session, 82; 2009, 996)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7808 - "Provider of electric service" and "provider" defined.

1. "Provider of electric service" and "provider" mean any person or entity that is in the business of selling electricity to retail customers for consumption in this State, regardless of whether the person or entity is otherwise subject to regulation by the Commission.
2. The term includes, without limitation, a provider of new electric resources that is selling electricity to an eligible customer for consumption in this State pursuant to the provisions of chapter 704B of NRS.
3. The term does not include:
(a) A landlord of a manufactured home park or mobile home park or owner of a company town who is subject to any of the provisions of NRS 704.905 to 704.960, inclusive.
(b) A landlord who pays for electricity that is delivered through a master meter and who distributes or resells the electricity to one or more tenants for consumption in this State.
(Added to NRS by 2001, 2527; A 2001, 3273; 2015, 227; 2019, 16)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7809 - "Qualified energy recovery process" defined.

1. "Qualified energy recovery process" means a system with a nameplate capacity of not more than 15 megawatts that converts the otherwise lost energy from:
(a) The heat from exhaust stacks or pipes used for engines or manufacturing or industrial processes; or
(b) The reduction of high pressure in water or gas pipelines before the distribution of the water or gas,
to generate electricity if the system does not use additional fossil fuel or require a combustion process to generate such electricity.
2. The term does not include any system that uses energy, lost or otherwise, from a process whose primary purpose is the generation of electricity, including, without limitation, any process involving engine-driven generation or pumped hydrogeneration.
(Added to NRS by 2003, 1874)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7811 - "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. 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, and the plant, facility, equipment or system was in existence and used to derive power from pumped water before January 1, 2019. The term does not include power:
(a) That requires a new or increased appropriation or diversion of water for its creation;
(b) That requires the use of any fossil fuel for its creation, unless the primary purpose of the use of the fossil fuel is not the creation of the power; or
(c) That was produced before April 22, 2019, from a renewable energy system with a generating capacity of more than 30 megawatts placed into operation before July 1, 1997.
(Added to NRS by 2001, 2527; A 2003, 1875; 2019, 16)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7815 - "Renewable energy system" defined.

"Renewable energy system" means:
1. A facility or energy system that uses renewable energy or energy from a qualified energy recovery process to generate electricity and:
(a) Uses the electricity that it generates from renewable energy or energy from a qualified recovery process in this State; or
(b) Transmits or distributes the electricity that it generates from renewable energy or energy from a qualified energy recovery process to a provider of electric service for delivery into and use in this State.
2. A solar energy system that reduces the consumption of electricity or any fossil fuel.
3. A net metering system used by a customer-generator pursuant to NRS 704.766 to 704.776, inclusive.
(Added to NRS by 2001, 2527; A 2001, 3274; 2003, 1866, 1875; 2005, 22nd Special Session, 82; 2009, 996, 1399; 2011, 1943; 2019, 1203)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7818 - "Retail customer" defined.

1. "Retail customer" means an end-use customer that purchases electricity for consumption in this state.
2. The term includes, without limitation:
(a) This state, a political subdivision of this state or an agency or instrumentality of this state or political subdivision of this state when it is an end-use customer that purchases electricity for consumption in this state, including, without limitation, when it is an eligible customer that purchases electricity for consumption in this state from a provider of new electric resources pursuant to the provisions of chapter 704B of NRS.
(b) A residential, commercial or industrial end-use customer that purchases electricity for consumption in this state, including, without limitation, an eligible customer that purchases electricity for consumption in this state from a provider of new electric resources pursuant to the provisions of chapter 704B of NRS.
(c) A landlord of a manufactured home park or mobile home park or owner of a company town who is subject to any of the provisions of NRS 704.905 to 704.960, inclusive.
(d) A landlord who pays for electricity that is delivered through a master meter and who distributes or resells the electricity to one or more tenants for consumption in this state.
(e) An end-use member that purchases electricity for consumption in this state from a cooperative association, nonprofit corporation, nonprofit association or provider of electric service which is declared to be a public utility pursuant to NRS 704.675 and which provides service only to its members.
(Added to NRS by 2001, 2527; A 2001, 3274; 2015, 227; 2019, 17)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7820 - Legislative findings and declarations.

The Legislature finds and declares that it is the policy of this State to:
1. Encourage and accelerate the development of new renewable energy projects for the economic, health and environmental benefits provided to the people of this State;
2. Become a leading producer and consumer of clean and renewable energy, with a goal of achieving by 2050 an amount of energy production from zero carbon dioxide emission resources equal to the total amount of electricity sold by providers of electric service in this State; and
3. Ensure that the benefits of the increased use of portfolio energy systems and energy efficiency measures are received by the residents of this State. Such benefits include, without limitation, improved air quality, reduced water use, a more diverse portfolio of resources for generating electricity, reduced fossil fuel consumption and more stable rates for retail customers of electric service.
(Added to NRS by 2019, 11)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.78213 - Establishment of portfolio standard for providers of new electric resources; requirements; treatment of certain solar energy systems.

1. If the Commission issues an order approving an application that is filed pursuant to NRS 704B.310 or a request that is filed pursuant to NRS 704B.325 regarding a provider of new electric resources and an eligible customer, the Commission must establish in the order a portfolio standard applicable to the electricity sold by the provider of new electric resources to the eligible customer in accordance with the order. The portfolio standard must require the provider of new electric resources to generate, acquire or save electricity from portfolio energy systems or efficiency measures in the amounts described in the portfolio standard set forth in NRS 704.7821.
2. Except as otherwise provided in this subsection, of the total amount of electricity that a provider of new electric resources is required to generate, acquire or save from portfolio energy systems or efficiency measures during each calendar year, not more than 25 percent of that amount may be based on energy efficiency measures. The provisions of this subsection apply to an order of the Commission approving an application that is filed pursuant to NRS 704B.310 or a request filed pursuant to NRS 704B.325 regarding a provider of new electric resources and an eligible customer only:
(a) If the order was issued by the Commission before January 1, 2019; and
(b) For calendar years before 2025.
3. If, for the benefit of one or more eligible customers, the eligible customer of a provider of new electric resources has paid for or directly reimbursed, in whole or in part, the costs of the acquisition or installation of a solar energy system which qualifies as a renewable energy system and which reduces the consumption of electricity, the total reduction in the consumption of electricity during each calendar year that results from the solar energy system shall be deemed to be electricity that the provider of new electric resources generated or acquired from a renewable energy system for the purposes of complying with its portfolio standard.
4. As used in this section:
(a) "Eligible customer" has the meaning ascribed to it in NRS 704B.080.
(b) "Provider of new electric resources" has the meaning ascribed to it in NRS 704B.130.
(Added to NRS by 2009, 992; A 2019, 21)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.78215 - Calculation of portfolio energy credits.

1. Except as otherwise provided in this section or by specific statute, a provider is entitled to one portfolio energy credit for each kilowatt-hour of electricity that the provider generates, acquires or saves from a portfolio energy system or efficiency measure.
2. The Commission may adopt regulations that give a provider more than one portfolio energy credit for each kilowatt-hour of electricity saved by the provider during its peak load period from energy efficiency measures.
3. Except as otherwise provided in this subsection, for portfolio energy systems placed into operation on or after January 1, 2016, the amount of electricity generated or acquired from a portfolio energy system does not include the amount of any electricity used by the portfolio energy system for its basic operations that reduce the amount of renewable energy delivered to the transmission grid for distribution and sale to customers of the provider. The provisions of this subsection do not apply to a portfolio energy system placed into operation on or after January 1, 2016, if a provider entered into a contract for the purchase of electricity generated by the portfolio energy system on or before December 31, 2012. For the purposes of this subsection, the amount of any electricity used by a portfolio energy system for its basic operations:
(a) Except as otherwise provided in paragraph (b), includes electricity used for the heating, lighting, air-conditioning and equipment of a building located on the site of the portfolio energy system, and for operating any other equipment located on such site.
(b) Does not include the electricity used by a portfolio energy system that generates electricity from geothermal energy for the extraction and transportation of geothermal brine or used to pump or compress geothermal brine.
(Added to NRS by 2005, 22nd Special Session, 80; A 2013, 2320, 3503)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7822 - Calculation of electricity generated or acquired from certain solar photovoltaic systems.

For the purpose of complying with a portfolio standard established pursuant to NRS 704.7821 or 704.78213, a provider shall be deemed to have generated or acquired 2.4 kilowatt-hours of electricity from a renewable energy system for each 1.0 kilowatt-hour of actual electricity generated or acquired from a solar photovoltaic system, if:
1. The system is installed on the premises of a retail customer;
2. The system was placed into operation on or before December 31, 2015; and
3. On an annual basis, at least 50 percent of the electricity generated by the system is utilized by the retail customer on that premises.
(Added to NRS by 2003, 805; A 2009, 999; 2013, 2321)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7823 - System that draws or creates electricity from tires deemed not to be renewable energy system; exception; calculation of electricity generated or acquired from certain systems that utilize reverse polymerization process.

1. Except as otherwise provided in subsection 2, any electricity generated by a provider using any system that involves drawing or creating electricity from tires must be deemed to have not come from a renewable energy system for the purpose of complying with a portfolio standard established pursuant to NRS 704.7821 or 704.78213.
2. For the purpose of complying with a portfolio standard established pursuant to NRS 704.7821 or 704.78213, a provider shall be deemed to have generated or acquired 0.7 kilowatt-hours of electricity from a renewable energy system for each 1.0 kilowatt-hour of actual electricity generated or acquired from a system that utilizes a reverse polymerization process, if:
(a) The system is installed on the premises of a retail customer; and
(b) On an annual basis, at least 50 percent of the electricity generated by the system is utilized by the retail customer on that premises.
3. As used in this section:
(a) "Reverse polymerization process" means a process that generates electricity from a tire that:
(1) Uses microwave reduction; and
(2) Does not involve combustion of the tire.
(b) "Tire" includes any tire for any vehicle or device in, upon or by which any person or property is or may be transported or drawn upon land.
(Added to NRS by 2003, 805; A 2009, 999)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7825 - Reports; exceptions; regulations regarding additional reports.

1. Except as otherwise provided in subsection 6, each provider of electric service shall submit to the Commission an annual report that provides information relating to the actions taken by the provider to comply with its portfolio standard.
2. Each provider shall submit the annual report to the Commission after the end of each calendar year and within the time prescribed by the Commission. The report must be submitted in a format approved by the Commission.
3. The Commission may adopt regulations that require providers to submit to the Commission additional reports during each calendar year.
4. Each annual report and each additional report must include clear and concise information that sets forth:
(a) The amount of electricity which the provider generated, acquired or saved from portfolio energy systems or efficiency measures during the reporting period and, if applicable, the amount of portfolio energy credits that the provider acquired, sold or traded during the reporting period to comply with its portfolio standard;
(b) The capacity of each renewable energy system owned, operated or controlled by the provider, the total amount of electricity generated by each such system during the reporting period and the percentage of that total amount which was generated directly from renewable energy;
(c) Whether, during the reporting period, the provider began construction on, acquired or placed into operation any renewable energy system and, if so, the date of any such event;
(d) Whether, during the reporting period, the provider participated in the acquisition or installation of any energy efficiency measures and, if so, the date of any such event; and
(e) Any other information that the Commission by regulation may deem relevant.
5. Based on the reports submitted by providers pursuant to this section, the Commission shall compile information that sets forth whether any provider has used energy efficiency measures to comply with its portfolio standard and, if so, the type of energy efficiency measures used and the amount of energy savings attributable to each such energy efficiency measure. The Commission shall report such information to:
(a) The Legislature, not later than the first day of each regular session; and
(b) The Legislative Commission, if requested by the Chair of the Commission.
6. The provisions of this section do not apply to:
(a) A provider of electric service that is subject to NRS 704.787; or
(b) A provider of electric service that is listed in subsection 9 of NRS 704.7821 during any calendar year in which the total amount of electricity sold by the provider to its retail customers in this State during that calendar year is less than 1,000,000 megawatt-hours.
(Added to NRS by 2001, 2529; A 2005, 22nd Special Session, 85; 2019, 22)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.78253 - Reports by certain providers not subject to jurisdiction of Commission.

A provider of electric service that is subject to NRS 704.787 shall, on or before July 1 of each year, submit to the Director of the Office of Energy appointed pursuant to NRS 701.150 a report that contains the information described in subsection 4 of NRS 704.7825.
(Added to NRS by 2019, 12)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7827 - Temporary renewable energy development program; regulations.

1. The Commission may adopt regulations to establish a temporary renewable energy development program that is designed to assist with the completion of new renewable energy projects.
2. The Commission may require a utility provider to participate in a temporary renewable energy development program.
3. If the Commission adopts regulations establishing a temporary renewable energy development program, the program may include, without limitation:
(a) The establishment of a private trust administered by an independent trustee; and
(b) The payment of money from the private trust to carry out the terms and conditions of renewable energy contracts approved by the Commission between a utility provider and one or more new renewable energy projects.
4. If a utility provider is participating in a temporary renewable energy development program, the utility provider may apply to the Commission for authority to close the program to new renewable energy projects if the utility provider has achieved an investment grade credit rating as determined by either Moody’s Investors Service, Inc., or Standard and Poor’s Rating Services and has maintained that credit rating for 24 consecutive months.
5. The Commission may grant an application to close a temporary renewable energy development program only after finding that the creditworthiness of the utility provider is sufficiently restored so that closure of the program to new renewable energy projects is in the public interest.
6. An order issued by the Commission closing a temporary renewable energy development program to new renewable energy projects is not effective as to any new renewable energy project which has previously been accepted into the program and which is receiving money from a private trust established under the program until the earlier of:
(a) The expiration or termination of the original renewable energy contract approved by the Commission between the utility provider and the new renewable energy project; or
(b) The original financing, including debt, equity, or both debt and equity, as applicable, entered into by the new renewable energy project upon completion of construction of the project has been fully satisfied pursuant to its original terms.
7. As used in this section, "new renewable energy project" means a project to construct a renewable energy system if:
(a) The project is associated with one or more renewable energy contracts approved by the Commission pursuant to NRS 704.7821; and
(b) Construction on the project commenced on or after July 1, 2001.
(Added to NRS by 2005, 22nd Special Session, 81)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.783 - Definitions.

As used in NRS 704.783 to 704.7836, inclusive, unless the context otherwise requires, the words and terms defined in NRS 704.7831 to 704.7834, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2017, 4291; A 2021, 3800)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7831 - "Cost effective" defined.

"Cost effective" means that an energy efficiency plan has a benefit-cost ratio of 1.0 or greater as measured by the cost-effectiveness test selected by the Commission, which test must account for the nonenergy benefits of the energy efficiency plan.
(Added to NRS by 2017, 4291)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7833 - "Energy efficiency program" defined.

1. "Energy efficiency program" means a program designed, intended or used to improve energy efficiency by reducing the energy consumption by a retail customer of an electric utility.
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, 4292)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7834 - "Energy savings" defined.

"Energy savings" means the gross energy savings resulting from energy efficiency measures adopted through the implementation of an energy efficiency program, but does not include net energy savings resulting from energy efficiency measures adopted by retail customers of the electric utility which are not attributable to participation in an energy efficiency program.
(Added to NRS by 2017, 4292)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.78343 - "Historically underserved community" defined.

1. "Historically underserved community" means:
(a) A census tract:
(1) Designated as a qualified census tract by the Secretary of Housing and Urban Development pursuant to 26 U.S.C. § 42(d)(5)(B)(ii); or
(2) In which, in the immediately preceding census, at least 20 percent of households were not proficient in the English language;
(b) A public school in this State:
(1) In which 75 percent or more of the enrolled pupils in the school are eligible for free or reduced-price lunches pursuant to 42 U.S.C. §§ 1751 et seq.; or
(2) That participates in universal meal service in high poverty areas pursuant to Section 104 of the Healthy, Hunger-Free Kids Act of 2010, Public Law 111-296; or
(c) Qualified tribal land, as defined in NRS 370.0325.
2. As used in this section:
(a) "Block" means the smallest geographical unit whose boundaries were designated by the Bureau of the Census of the United States Department of Commerce in its topographically integrated geographic encoding and referencing system.
(b) "Block group" means a combination of blocks whose numbers begin with the same digit.
(c) "Census tract" means a combination of block groups.
(Added to NRS by 2021, 3781)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.78347 - "Low-income household" defined.

"Low-income household" means a household, which may include one or more persons, with a median household income of not more than 80 percent of the area median household income, based on the guidelines published by the United States Department of Housing and Urban Development.
(Added to NRS by 2021, 3781)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7835 - Legislative findings and declarations.

The Legislature hereby finds and declares that:
1. Energy is essential to the economy of this State and to the health, safety and welfare of the residents of this State.
2. The State has a responsibility to encourage the maintenance of a reliable and economical supply of energy at a level which is consistent with the protection of the quality of the environment of this State.
3. The State and the public have an interest in encouraging electric utilities to promote and take actions toward the conservation of energy and the reduction of the consumption of energy by consumers in this State.
4. The State has a responsibility to encourage the development of a wide range of standards, goals and programs to reduce energy waste by consumers in this State.
5. Planning for energy conservation and the future energy needs of this State should include consideration of state, regional and local plans for land use, urban expansion, transportation systems, environmental protection and economic development.
6. It is in the interest of this State and the residents of this State that the energy efficiency plans and programs of electric utilities should maximize the implementation of cost-effective, achievable energy efficiency opportunities.
7. The reduction of the consumption of energy by consumers in this State conserves water, reduces carbon dioxide and other emissions and is essential to the economy of this State and to the health, safety and welfare of the residents of this State.
(Added to NRS by 2017, 4292)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.785 - Adoption of regulations authorizing electric utility to recover amount based on effects of implementing energy efficiency and conservation programs.

1. The Commission shall adopt regulations authorizing an electric utility to recover an amount based on the measurable and verifiable effects of the implementation by the electric utility of energy efficiency and conservation programs approved by the Commission, which:
(a) Must include:
(1) The costs reasonably incurred by the electric utility in implementing and administering the energy efficiency and conservation programs; and
(2) Any financial disincentives relating to other supply alternatives caused or created by the reasonable implementation of the energy efficiency and conservation programs; and
(b) May, if the Commission determines that it will serve the public interest by removing financial disincentives which discourage an electric utility from implementing or promoting the participation of the customers of the electric utility in energy efficiency and conservation programs, include a rate adjustment mechanism to ensure that the revenue per customer authorized in a general rate application is recovered without regard to the difference in the quantity of electricity actually sold by the electric utility subsequent to the date on which the rates take effect. A rate adjustment mechanism adopted pursuant to this paragraph may apply to one or more rate classes.
2. When considering whether to approve an energy efficiency or conservation program proposed by an electric utility as part of a plan filed pursuant to NRS 704.741, the Commission shall consider the effect of any recovery by the electric utility pursuant to this section on the rates of the customers of the electric utility.
3. As used in this section, "electric utility" has the meaning ascribed to it in NRS 704.187.
(Added to NRS by 2009, 1391; A 2017, 4293)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7871 - Definitions. [Effective through the date on which the last contract entered into pursuant to the Program terminates, whether termination is by expiration of the terms or otherwise.]As used in NRS 704.7871 to 704.7882, inclusive, unless the context otherwise requires, the words and terms defined in NRS 704.7872, 704.7873 and 704.7874 have the meanings ascribed to them in those sections.

(Added to NRS by 2013, 3207; A 2014, 28th Special Session, 10)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7872 - "Electric utility" defined. [Effective through the date on which the last contract entered into pursuant to the Program terminates, whether termination is by expiration of the terms or otherwise.]

"Electric utility" has the meaning ascribed to it in NRS 704.187.
(Added to NRS by 2013, 3207; A 2014, 28th Special Session, 10)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7873 - "Participant" defined. [Effective through the date on which the last contract entered into pursuant to the Program terminates, whether termination is by expiration of the terms or otherwise.]

"Participant" means an applicant who has received initial approval and a letter of eligibility from the Office of Economic Development pursuant to NRS 704.7876 and who enters into a contract approved by the Commission pursuant to NRS 704.7877.
(Added to NRS by 2013, 3207; A 2014, 28th Special Session, 10)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7874 - "Program" defined. [Effective through the date on which the last contract entered into pursuant to the Program terminates, whether termination is by expiration of the terms or otherwise.]

"Program" means the Economic Development Electric Rate Rider Program established by NRS 704.7875 to carry out the provisions of NRS 704.7871 to 704.7882, inclusive.
(Added to NRS by 2013, 3207; A 2014, 28th Special Session, 10)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7875 - Economic Development Electric Rate Rider Program: Establishment; purpose; administration by Commission; electric utility required to set aside capacity determined by Commission for allocation; limitation on total amount of capacity set aside. [Effective through the date on which the last contract entered into pursuant to the Program terminates, whether termination is by expiration of the terms or otherwise.]

1. The Economic Development Electric Rate Rider Program is hereby established for the purpose of attracting new commercial and industrial businesses to this State. The Commission, in consultation with the Office of Economic Development, shall administer the Program.
2. Each electric utility in this State shall set aside an amount of capacity determined by the Commission for allocation to new customers pursuant to the Program, but the total amount of capacity that the Commission may require to be set aside by all electric utilities in this State pursuant to this subsection must not exceed 50 megawatts.
(Added to NRS by 2013, 3207; A 2014, 28th Special Session, 10)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7877 - Participation in Program: Additional requirements; contract terms and content; approval of contract by Commission; entry into contract; forwarding of contract to Office of Economic Development. [Effective through the date on which the last contract entered into pursuant to the Program terminates, whether termination is by expiration of the terms or otherwise.]

1. Upon receipt of an application and letter of eligibility pursuant to paragraph (c) of subsection 5 of NRS 704.7876, the Commission shall:
(a) Review the application;
(b) Establish the rates which may be charged to the applicant by the electric utility that will serve the load of the applicant; and
(c) In addition to the terms required by subsection 3, establish any additional terms which must be included in the contract between the applicant and the electric utility.
2. Before any applicant enters into a contract with an electric utility pursuant to the Program, the applicant shall:
(a) Provide to the electric utility that will serve the load of the applicant access to the applicant’s facility or plans for the facility for the purpose of the electric utility making recommendations concerning the energy efficiency of the facility; and
(b) Provide proof satisfactory to the Commission that the new load under the contract will have an annual load factor of 50 percent or more for each year of the term of the contract.
3. An applicant may participate in the Program pursuant to a contract which is entered into by the applicant and the electric utility that will serve the load of the applicant and which is approved by the Commission. A contract entered into pursuant to this section must include provisions setting forth:
(a) The term of the contract, which must be 10 years;
(b) The term of the discounts applicable under the Program, which must be 8 years;
(c) The rates to be paid for electricity by the participant;
(d) That the discount approved by the Commission does not apply to up-front costs, the base tariff general rate, any otherwise applicable tariff or any taxes, surcharges, amortization or program rate elements;
(e) The deposit requirements, which must be based on the rates applicable under the second year of the contract;
(f) That the participant ceases to be eligible for any discounted rates for electricity if the participant fails to satisfy any requirements set forth in the contract or NRS 704.7871 to 704.7882, inclusive, or any regulations adopted pursuant thereto; and
(g) Any additional requirements prescribed by the Commission.
4. An electric utility shall prepare a contract to be entered into by the electric utility and a participant and submit the contract to the Commission for approval. Upon approval of the contract by the Commission, the electric utility and the applicant may enter into the contract and the applicant may participate in the Program. The Commission shall forward a copy of the approved contract to the Office of Economic Development.
(Added to NRS by 2013, 3209; A 2014, 28th Special Session, 8, 10)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7878 - Electric utility required to recover certain amounts through deferred energy accounting adjustment application. [Effective through the date on which the last contract entered into pursuant to the Program terminates, whether termination is by expiration of the terms or otherwise.]

Notwithstanding any other provision of this chapter, an electric utility that enters into a contract with a participant pursuant to NRS 704.7877 shall, in the manner provided pursuant to the regulations adopted by the Commission pursuant to paragraph (c) of subsection 1 of NRS 704.7881, recover through a deferred energy accounting adjustment application an amount equal to the discount provided to the participant pursuant to the contract.
(Added to NRS by 2013, 3209; A 2014, 28th Special Session, 10)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7879 - Penalty for failure by participant to comply with contract or Program. [Effective through the date on which the last contract entered into pursuant to the Program terminates, whether termination is by expiration of the terms or otherwise.]

If the Commission determines that a participant in the Program has failed to fulfill any requirement of the contract or carry out any duty imposed pursuant to the Program, the Commission shall issue an order requiring the participant to pay to the electric utility an amount equal to the rate which would have been charged but for the participant’s participation in the Program.
(Added to NRS by 2013, 3209; A 2014, 28th Special Session, 10)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.788 - Final date for acceptance or approval of application for participation in Program. [Effective through the date on which the last contract entered into pursuant to the Program terminates, whether termination is by expiration of the terms or otherwise.]

The Office of Economic Development shall not accept an application or give initial approval to any applicant for participation in the Program, and the Commission shall not approve an applicant for participation in the Program, after the earlier of December 31, 2024, or the date on which the capacity set aside for allocation pursuant to the Program is fully allocated.
(Added to NRS by 2013, 3210; A 2014, 28th Special Session, 10; 2021, 3801)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7881 - Regulations. [Effective through the date on which the last contract entered into pursuant to the Program terminates, whether termination is by expiration of the terms or otherwise.]

The Commission, in consultation with the Office of Economic Development:
1. Shall adopt regulations:
(a) Establishing the discounted electric rates that may be charged by an electric utility pursuant to the Program, which must be established as a percentage of the base tariff energy rate and for which:
(1) In the first and second year of a contract entered into pursuant to NRS 704.7877, there shall be no discount of the base tariff energy rate;
(2) In the third and fourth year of a contract entered into pursuant to NRS 704.7877, the reduction in the rates as a result of the discount must not exceed 30 percent of the base tariff energy rate;
(3) In the fifth, sixth, seventh and eighth year of a contract entered into pursuant to NRS 704.7877, the reduction in the rates as a result of the discount must not exceed 20 percent of the base tariff energy rate; and
(4) In the ninth and tenth year of a contract entered into pursuant to NRS 704.7877, the reduction in the rates as a result of the discount must not exceed 10 percent of the base tariff energy rate;
(b) Prescribing the form and content of the contract entered into pursuant to NRS 704.7877;
(c) Prescribing the procedure by which an electric utility is authorized to recover through a deferred energy accounting adjustment application the amount of the discount provided to a participant in the Program; and
(d) Prescribing any additional information which must be submitted by an applicant for participation in the Program.
2. May adopt any other regulations it determines are necessary to carry out the provisions of NRS 704.7871 to 704.7882, inclusive.
(Added to NRS by 2013, 3210; A 2014, 28th Special Session, 9, 10; 2021, 3801)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.7882 - Preparation of written report by Commission; submission of report to Legislature. [Effective through the date on which the last contract entered into pursuant to the Program terminates, whether termination is by expiration of the terms or otherwise.]

The Commission shall, on or before December 31, 2022, prepare a written report concerning the Program and submit the report to the Director of the Legislative Counsel Bureau for transmittal to the 82nd Session of the Legislature. The report must include, without limitation, information concerning:
1. The number of participants in the Program;
2. The amount of electricity allocated pursuant to the Program;
3. The total amount of the discounts provided pursuant to the Program; and
4. The remaining amount of electricity available for allocation pursuant to the Program.
(Added to NRS by 2013, 3210; A 2014, 28th Special Session, 10; 2021, 3802)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.791 - Definitions.

As used in NRS 704.791 to 704.797, inclusive, unless the context otherwise requires, the words and terms defined in NRS 704.792, 704.793 and 704.794 have the meanings ascribed to them in those sections.
(Added to NRS by 2017, 1272)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.795 - Commission required to determine whether targets for the procurement of energy storage systems by electric utility is in public interest; required factors to consider; calculation of benefits and costs.

1. On or before October 1, 2018, the Commission shall determine whether it is in the public interest to establish by regulation biennial targets for the procurement of energy storage systems by an electric utility.
2. In making the determination required by subsection 1, the Commission shall consider:
(a) Whether the procurement of energy storage systems by an electric utility will achieve the following purposes:
(1) The integration of renewable energy resources which generate electricity on an intermittent basis into the transmission and distribution grid of the electric utility.
(2) The improvement of the reliability of the systems for the transmission and distribution of electricity.
(3) The increased use of renewable energy resources to generate electricity.
(4) The reduction of the need for the additional generation of electricity during periods of peak demand.
(5) The avoidance or deferral of investment by the electric utility in generation, transmission and distribution of electricity.
(6) The replacement of ancillary services provided by facilities using fossil fuels with ancillary services provided by the use of energy storage systems.
(7) The reduction of greenhouse gas emissions.
(b) The interconnection of energy storage systems at each point of the electric grid, including, without limitation, in the transmission and distribution of electricity and at the site of the customer.
3. For the purposes of subsection 1, the Commission shall determine that the establishment of targets for the procurement of energy storage systems by an electric utility is in the public interest if the benefits to customers of the electric utility exceed the costs of the procurement of energy storage systems. In calculating the benefits and costs of the procurement of energy storage systems, the Commission shall consider all known and measurable benefits and costs, including, without limitation:
(a) A reduction in the need for the additional generation of electricity during periods of peak demand;
(b) A reduction in line losses;
(c) The benefits and costs related to ancillary services;
(d) Avoided costs for additional generation, transmission and generation capacity;
(e) The benefits arising from a reduction of greenhouse gas emissions and the emission of other air pollutants;
(f) The benefits and costs related to voltage support;
(g) The benefits of diversifying the types of resources used for the generation of electricity;
(h) The administrative costs incurred by the electric utility;
(i) The cost to the electric utility of the integration of energy storage systems into the transmission and distribution grid; and
(j) The cost of energy storage systems.
(Added to NRS by 2017, 1272)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.796 - Commission to adopt regulations relating to procurement of energy storage systems if targets for procurement of energy storage systems by electric utility are in public interest.

If, pursuant to NRS 704.795, the Commission determines that it is in the public interest to establish by regulation targets for the procurement of energy storage systems by an electric utility, the Commission shall adopt regulations:
1. Establishing biennial targets for the procurement of energy storage systems by the electric utility;
2. Setting forth the points of interconnection on the electric grid for the implementation of energy storage systems;
3. Establishing that an energy storage system may be owned by the electric utility or any other person;
4. Establishing requirements for the filing by the electric utility of annual or biennial plans to meet biennial targets for the procurement and implementation of energy storage systems;
5. Prescribing a procedure by which the Commission must, at least once every 3 years, reevaluate the biennial targets for the procurement of energy storage systems by the electric utility;
6. Establishing a procedure by which an electric utility may obtain a waiver or deferral of the biennial targets for the procurement of energy storage systems if the electric utility is not able to identify energy storage systems that provide benefits to customers of the utility that exceed the costs of energy storage systems; and
7. Requiring the electric utility to include such information as the Commission may require in each plan submitted by the electric utility pursuant to NRS 704.741.
(Added to NRS by 2017, 1273)
2023 Nevada Revised Statutes › Chapter 704 - Regulation of Public Utilities Generally › NRS 704.797 - Requirements for energy storage systems procured to meet targets.

1. If the Commission adopts regulations pursuant to NRS 704.796 to establish biennial targets for the procurement of energy storage systems by an electric utility, to meet the targets set forth in those regulations, the electric utility may procure energy storage systems that are either centralized or distributed and either owned by the utility or by any other person, as prescribed by regulation of the Commission.
2. Electric energy storage systems procured by an electric utility to meet any biennial targets for the procurement of energy storage systems established by regulation pursuant to NRS 704.796 must:
(a) Reduce peak demand for electricity;
(b) Avoid or defer investment by the electric utility in assets for the generation, transmission and distribution of electricity;
(c) Improve the reliability of the operation of the transmission or distribution grid;
(d) Reduce the emission of greenhouse gases or other air pollutants; or
(e) Integrate renewable energy into the electric grid.
(Added to NRS by 2017, 1274)