reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › PRACTICE AND PROCEDURE BEFORE COLORADO RIVER COMMISSION OF NEVADA › General › Section 538.195 - Presiding officers: Appointment; draft orders; review of decisions

Current through June 11, 2024
1. The Commission may appoint one or more
				presiding officers to preside over and conduct hearings or other proceedings,
				or any portion thereof, in any matter pending before the Commission. The
				Commission, in its discretion, may appoint an employee of the Commission or any
				other person to serve as a presiding officer.
2. If the Commission appoints a presiding
				officer to preside over and conduct any hearing or proceeding, within 30 days
				after the close of all evidentiary hearings in the matter, the presiding
				officer shall file with the Commission a draft order that sets forth the
				findings and conclusions of the presiding officer and the reasons and bases for
				those findings and conclusions. The draft order must be served promptly on each
				party of record.
3. Any party of
				record may file comments to the draft order of a presiding officer. Any such
				comments must be filed with the Commission within 30 days after the issuance of
				the draft order.
4. Upon review of
				a draft order filed with the Commission by a presiding officer and any comments
				to the draft order filed by a party of record, the Commission may affirm or
				modify the draft order, in whole or in part, remand the draft order to the
				presiding officer for further proceedings or take any other just and reasonable
				action with regard to the draft order, including, without limitation, replacing
				the draft order with an order of the Commission.
Added to
				  NAC by Colorado River Comm'n, by
				  R148-13,
				  eff. 6/23/2014
NRS 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › PRACTICE AND PROCEDURE BEFORE COLORADO RIVER COMMISSION OF NEVADA › General › Section 538.200 - Prehearing conference

Current through June 11, 2024
The Chair of the Commission, the Executive Director or the
				  presiding officer may, upon written notice to all parties of record, hold a
				  prehearing conference to:
1. Formulate
				or simplify the issues;
2. Obtain
				admissions of fact and documents in order to avoid unnecessary proof;
3. Arrange for the exchange of proposed
				exhibits or prepared expert testimony;
4. Identify and limit the number of
				witnesses, specify the subject matter of witnesses' testimony and consolidate
				the examination of witnesses;
5.
				Establish a procedure for the hearing; and
6. Consider any other matters which may
				promote orderly conduct and expedite the disposition of the proceedings or
				achieve a settlement.
Colorado
				  River Comm'n, Practice Rule 6, eff. 1-14-82; A by
				  R148-13,
				  eff. 6/23/2014
NRS 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › PRACTICE AND PROCEDURE BEFORE COLORADO RIVER COMMISSION OF NEVADA › General › Section 538.210 - Hearings: Notice; location

Current through June 11, 2024
1. Hearings will be
				held before the Commission or its designated presiding officer.
2. Notice of a hearing will be served at
				least 20 days before the time set for the hearing.
3. A hearing which has previously been
				continued may be reset on notice of not less than 10 days.
4. Hearings will be held at the time and
				place designated by the notice.
Colorado
				  River Comm'n, Practice Rule 7 § 7.1, eff. 1-14-82; A by
				  R148-13,
				  eff. 6/23/2014
NRS 538.201,
					 538.221
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › PRACTICE AND PROCEDURE BEFORE COLORADO RIVER COMMISSION OF NEVADA › General › Section 538.220 - Hearings: Continuances

Current through June 11, 2024
The Commission or presiding officer may, either before or
				  during a hearing, upon a proper showing, grant a continuance for the submission
				  of additional proof.
Colorado River Comm'n,
				  Practice Rule 7 § 7.9, eff. 1-14-82
NRS 538.201,
					 538.221
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › PRACTICE AND PROCEDURE BEFORE COLORADO RIVER COMMISSION OF NEVADA › General › Section 538.230 - Hearings: Failure of party to appear

Current through June 11, 2024
1. If a party fails
				to appear at a scheduled hearing and no continuance has been granted, the
				Commission or presiding officer will hear the evidence of the witnesses who
				have appeared and will proceed to consider the matter and dispose of it on the
				basis of the evidence before it.
2.
				If, because of accident, sickness or other reasonable cause, a person fails to
				appear for a hearing and fails to request a continuance of the hearing, he may
				within a reasonable time, but not more than 15 days, apply to the Commission to
				reopen the proceedings.
3. Upon
				finding a cause sufficient and reasonable, the Commission or presiding officer
				will immediately fix a time and place for a hearing and give notice of the
				hearing to all parties. At the time and place fixed, a hearing will be held at
				which the person may testify in his own behalf and present such other evidence
				as may be beneficial to his cause.
4. Witnesses who have previously testified
				are not required to appear at the second hearing unless so directed by the
				Commission or presiding officer.
Colorado River Comm'n,
				  Practice Rule 7 § 7.2, eff. 1-14-82
NRS 538.201,
					 538.221
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › PRACTICE AND PROCEDURE BEFORE COLORADO RIVER COMMISSION OF NEVADA › General › Section 538.240 - Hearings: Conduct

Current through June 11, 2024
All parties to hearings, their counsel and spectators shall
				  conduct themselves in a respectful manner.
Colorado River Comm'n,
				  Practice Rule 7 § 7.3, eff. 1-14-82
NRS 538.201,
					 538.221
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › PRACTICE AND PROCEDURE BEFORE COLORADO RIVER COMMISSION OF NEVADA › General › Section 538.250 - Hearings: Presentation of evidence

Current through June 11, 2024
1. The Commission
				or presiding officer will call the proceeding to order, take appearances and
				act upon any pending motions or petitions. The parties may then make opening
				statements.
2. Except as otherwise
				provided in subsection 3, the applicant, petitioner or complainant shall
				present his evidence first and then such parties as may be opposing the
				application, petition or complaint may present their evidence. The Commission
				or presiding officer will determine the order in which any intervener may
				present his evidence.
3. Evidence
				will ordinarily be received from the parties in the following order:
(a) Upon applications and petitions:
(1) Applicant or petitioner.
(2) Commission's staff.
(3) Intervener.
(4) Applicant or petitioner in
				rebuttal.
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › PRACTICE AND PROCEDURE BEFORE COLORADO RIVER COMMISSION OF NEVADA › General › Section 538.260 - Hearings: Consolidation

Current through June 11, 2024
The Commission or presiding officer may consolidate two or
				  more proceedings whenever it appears that the issues are substantially the same
				  and the interests of the parties will not be prejudiced by the consolidation.
				  The Commission or presiding officer will determine the order of procedure at a
				  consolidated hearing.
Colorado River Comm'n,
				  Practice Rule 7 § 7.4, eff. 1-14-82
NRS 538.201,
					 538.221
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › PRACTICE AND PROCEDURE BEFORE COLORADO RIVER COMMISSION OF NEVADA › General › Section 538.270 - Hearings: Stipulations

Current through June 11, 2024
With the approval of the Commission or presiding officer, the
				  parties may stipulate to any fact at issue, either by a written stipulation
				  introduced into evidence as an exhibit or by an oral statement shown in the
				  record. Any stipulation is binding upon all parties to it, and it may be
				  treated as evidence at the hearing. The Commission or presiding officer may
				  require evidential proof of the stipulated facts.
Colorado River Comm'n,
				  Practice Rule 7 § 7.5, eff. 1-14-82
NRS 538.201,
					 538.221
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › PRACTICE AND PROCEDURE BEFORE COLORADO RIVER COMMISSION OF NEVADA › General › Section 538.280 - Hearings: Official notice

Current through June 11, 2024
The Commission or presiding officer may take official notice
				  of standards, rules, regulations, official reports, decisions, orders and other
				  records of its own and of any other regulatory agency of this State or any
				  court of record.
Colorado River Comm'n,
				  Practice Rule 7 § 7.8, eff. 1-14-82
NRS 538.201,
					 538.221
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › PRACTICE AND PROCEDURE BEFORE COLORADO RIVER COMMISSION OF NEVADA › General › Section 538.290 - Hearings: Decision by Commission

Current through June 11, 2024
1. The Commission's
				order or decision will be rendered within 180 days after the completion of its
				hearing.
2. A proceeding stands
				submitted for decision by the Commission after the taking of evidence, the
				filing of briefs and the presentation of any oral argument permitted by the
				Commission.
Colorado
				  River Comm'n, Practice Rule 8, eff. 1-14-82; A by
				  R148-13,
				  eff. 6/23/2014
NRS 538.201,
					 538.221
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › PRACTICE AND PROCEDURE BEFORE COLORADO RIVER COMMISSION OF NEVADA › General › Section 538.300 - Hearings: Rehearings

Current through June 11, 2024
1. Within 20 days
				after the Commission renders a decision or order following a hearing, the
				aggrieved party may apply for a rehearing, setting forth the grounds for the
				petition.
2. The Commission will
				act upon such a petition within 30 days after the effective date of the order
				or decision upon which the rehearing is requested, but if the Commission does
				not take action on the petition within that time, the petition shall be deemed
				denied.
3. The Commission or
				presiding officer on his own motion may order a rehearing within 30 days after
				the rendering of the decision if a mistake, fraud or a misconception of facts
				led to the original decision.
4.
				The filing of a petition for a rehearing upon an order or decision does not
				excuse compliance with it or suspend its effectiveness unless otherwise ordered
				by the Commission.
Colorado
				  River Comm'n, Practice Rule 10, eff. 1-14-82; A by
				  R148-13,
				  eff. 6/23/2014
NRS 538.201,
					 538.221
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › PRACTICE AND PROCEDURE BEFORE COLORADO RIVER COMMISSION OF NEVADA › General › Section 538.310 - Hearings: Records

Current through June 11, 2024
Any person desiring a copy of the record of a contested case
				  before the Commission may obtain a copy from the office of the Commission upon
				  payment of the cost of the copy.
Colorado River Comm'n,
				  Practice Rule 7 § 7.10, eff. 1-14-82
NRS 538.201,
					 538.221
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › PRACTICE AND PROCEDURE BEFORE COLORADO RIVER COMMISSION OF NEVADA › General › Section 538.320 - Petitions for declaratory orders and advisory opinions

Current through June 11, 2024
1. Any member of the public may petition the
				Commission for a declaratory order or an advisory opinion on the applicability
				of any statutory provision or regulation within the jurisdiction of the
				Commission.
2. A petition for a
				declaratory order or an advisory opinion must be in writing.
3. The Commission will issue a declaratory
				order or render an advisory opinion in writing within 90 days after its receipt
				of the petition in proper form.
Colorado
				  River Comm'n, Practice Rule 9, eff. 1-14-82; A by
				  R148-13,
				  eff. 6/23/2014
NRS 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › PRACTICE AND PROCEDURE BEFORE COLORADO RIVER COMMISSION OF NEVADA › General › Section 538.330 - Petition for adoption, filing, amendment or repeal of regulation

Current through June 11, 2024
1. A petition for the adoption, filing,
				amendment or repeal of a regulation of the Commission must be in writing and be
				delivered to the offices of the Commission.
2. A petition filed pursuant to subsection 1
				will not be classified as a petition for the purposes of applying the
				procedures set forth in NAC
				538.075 to 538.330,
				inclusive.
3. The Commission will
				send any statement denying such a petition or correspondence concerning the
				petition to the petitioner by certified mail.
Colorado
				  River Comm'n, Practice Rule 11, eff. 1-14-82; A by
				  R148-13,
				  eff. 6/23/2014; A by
				  R033-18AP,
				  eff. 6/26/2018
NRS
				  538.181,
				  538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › PRACTICE AND PROCEDURE BEFORE COLORADO RIVER COMMISSION OF NEVADA › Allocation of Schedule D Power › Section 538.333 - Commission to develop criteria: Draft order; public meeting; comments; hearing; decision (Repealed)

Current through June 11, 2024
Added to NAC by
				  Colorado River Comm'n by R148-13, eff. 6-23-2014; R by
				  R033-18AP,
				  eff. 6/26/2018
NRS
				  538.181,
				  538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › PRACTICE AND PROCEDURE BEFORE COLORADO RIVER COMMISSION OF NEVADA › Allocation of Schedule D Power › Section 538.336 - Application process: Public meeting to discuss process; review of applications; preparation of draft order; Commission hearing and decision; reallocation of power if entity fails to enter into contract with Commission (Repealed)

Current through June 11, 2024
Added to
				  NAC by Colorado River Comm'n, by
				  R148-13,
				  eff. 6/23/2014; R by
				  R033-18AP,
				  eff. 6/26/2018
NRS
				  538.181,
				  538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › MARKETING OF ELECTRIC POWER › General Provisions › Section 538.340 - Definitions

Current through June 11, 2024
As used in NAC
				  538.340 to
				  538.746, inclusive, unless the
				  context otherwise requires, the words and terms defined in NAC
				  538.350 to
				  538.390, inclusive, and section 1
				  have the meanings ascribed to them in those sections.
Added to
				  NAC by Colorado River Comm'n, eff. 9-13-85; A 12-17-87; R123-00, 2-15-2001;
				  R112-02, 9-20-2002; A by
				  R148-13,
				  eff. 6/23/2014; A by
				  R023-23A,
				  eff. 1/5/2024
NRS 538.181,
					 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › MARKETING OF ELECTRIC POWER › General Provisions › Section 538.350 - "Contractor" defined

Current through June 11, 2024
"Contractor" means any entity that contracts with the
				  Commission to purchase power.
Added to NAC by
				  Colorado River Comm'n, eff. 9-13-85; A 12-17-87; R123-00, 2-15-2001; R112-02,
				  9-20-2002
NRS 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › MARKETING OF ELECTRIC POWER › General Provisions › Section 538.358 - "Operating year" defined

Current through June 11, 2024
"Operating year" means a 12-month period that coincides with
				  the 12-month period designated by federal law as a fiscal year. Until changed
				  by federal law, the term means the period that commences October 1 of each
				  year, immediately following midnight of September 30 of that year, and ends at
				  midnight of September 30 of the following year.
Added to NAC by
				  Colorado River Comm'n by R123-00, eff. 2-15-2001; A by R108-06,
				  6-28-2006
NRS 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › MARKETING OF ELECTRIC POWER › General Provisions › Section 538.370 - "Program for increasing capacity" defined (Repealed)

Current through June 11, 2024
Added to NAC by
				  Colorado River Comm'n, eff. 9-13-85; R by
				  R023-23A,
				  eff. 1/5/2024
NRS 538.181,
					 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › MARKETING OF ELECTRIC POWER › General Provisions › Section 538.375 - "Schedule A" defined

Current through June 11, 2024
"Schedule A" means the schedule appearing at
				  43
				  U.S.C. §
										619 a(a)(1)(A) which specifies
				  the amount of:
1. Contingent capacity
				of the Hoover power plant; and
2.
				Associated firm energy, allocated in that schedule.
Added to
				  NAC by Colorado River Comm'n, by
				  R148-13,
				  eff. 6/23/2014
NRS
					 538.181,
					 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › MARKETING OF ELECTRIC POWER › General Provisions › Section 538.380 - "Schedule B" defined

Current through June 11, 2024
"Schedule B" means the schedule appearing at
				  43 U.S.C. §
										619a (a)(l)(B) which
				  specifies the amount of:
1. Contingent
				capacity of the Hoover Power plant resulting from the program for increasing
				capacity authorized by 43
				U.S.C. §
										619; and
2. Associated firm energy, allocated to the
				Commission.
Added to NAC by
				  Colorado River Comm'n, eff. 9-13-85; A by
				  R023-23A,
				  eff. 1/5/2024
NRS 538.181,
					 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › MARKETING OF ELECTRIC POWER › General Provisions › Section 538.385 - "Schedule C" defined

Current through June 11, 2024
"Schedule C" means the schedule appearing at
				  43
				  U.S.C. §
										619 a(a)(1)(C) which specifies
				  the priority of entitlement of the states of Arizona, California and Nevada to
				  excess energy generated at the Hoover power plant.
Added to
				  NAC by Colorado River Comm'n, by
				  R148-13,
				  eff. 6/23/2014
NRS
					 538.181,
					 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › MARKETING OF ELECTRIC POWER › General Provisions › Section 538.390 - "Western" defined

Current through June 11, 2024
"Western" means the Western Area Power Administration of the
				  United States Department of Energy.
Added to NAC by
				  Colorado River Comm'n, eff. 9-13-85
NRS 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › MARKETING OF ELECTRIC POWER › General Provisions › Section 538.395 - Applicability

Current through June 11, 2024
1. The provisions of NAC
				538.340 to
				538.670, inclusive, apply to
				power allocated or reallocated by the Commission from the Boulder Canyon
				Project, Parker-Davis Project or Salt Lake City Area Integrated
				Projects.
2. The provisions of NAC
				538.744 and
				538.746 apply to power allocated
				or reallocated by the Commission from any source.
Added to NAC by
				  Colorado River Comm'n by R123-00, eff. 2-15-2001; A by R112-02, 9-20-2002; A by
				  R033-18AP,
				  eff. 6/26/2018
NRS
				  538.181,
				  538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › MARKETING OF ELECTRIC POWER › General Provisions › Section 538.397 - Allocation of Schedule D power in accordance with chapter (Repealed)

Current through June 11, 2024
Added to
				  NAC by Colorado River Comm'n, by
				  R148-13,
				  eff. 6/23/2014; R by
				  R033-18AP,
				  eff. 6/26/2018
NRS
				  538.181,
				  538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › MARKETING OF ELECTRIC POWER › General Provisions › Section 538.400 - Marketing area for resources

Current through June 11, 2024
The Commission's marketing area for the resources of the
				  Boulder Canyon Project, Parker-Davis Project and Southern District of the Salt
				  Lake City Area Integrated Projects is the same as Western's marketing area in
				  this State for those resources.
Added to NAC by
				  Colorado River Comm'n, eff. 9-13-85; A 12-17-87; R123-00,
				  2-15-2001
NRS
					 538.181,
					 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › MARKETING OF ELECTRIC POWER › General Provisions › Section 538.410 - Requirements of applicant seeking to contract with Commission for delivery of Schedule A, B or C power from Boulder Canyon Project and for delivery of power from Parker-Davis Project and Salt Lake City Area Integrated Projects

Current through June 11, 2024
An applicant seeking to contract with the Commission for the
				  delivery of power from the Boulder Canyon Project designated in Schedule A,
				  Schedule B or Schedule C commencing before October 1, 2017, or power from the
				  Parker-Davis Project or the Salt Lake City Area Integrated Projects must supply
				  information as requested by the Commission and must:
1. Be an entity to which the Commission is
				authorized by law to sell electricity or provide transmission service or
				distribution service, or both;
2.
				Be able to receive energy from one or more of the points of delivery authorized
				by the Commission;
3. Be able to
				maintain a ratio between "real power" in kilowatts and "apparent power" in
				kilovoltamperes ("power factor") within at least 95 percent, if called upon to
				do so;
4. Meet the requirements for
				a program for integrated resource planning or a similar program, however
				designated, set forth as a condition to the purchase of power by:
(a) Regulations adopted by Western pursuant
				to
				42 U.S.C.
				§
											7276;
(b) Federal statute; or
(c) The Commission; and
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › MARKETING OF ELECTRIC POWER › General Provisions › Section 538.413 - Requirements of electric utility seeking to contract with Commission for delivery of Schedule D power from Boulder Canyon Project on or after October 1, 2017 (Repealed)

Current through June 11, 2024
Added to
				  NAC by Colorado River Comm'n, by
				  R148-13,
				  eff. 6/23/2014; R by
				  R033-18AP,
				  eff. 6/26/2018
NRS
				  538.181,
				  538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › MARKETING OF ELECTRIC POWER › General Provisions › Section 538.416 - Requirements of applicant that is not electric utility seeking to contract with Commission for delivery of Schedule D power from Boulder Canyon Project on or after October 1, 2017 (Repealed)

Current through June 11, 2024
Added to
				  NAC by Colorado River Comm'n, by
				  R148-13,
				  eff. 6/23/2014; R by
				  R033-18AP,
				  eff. 6/26/2018
NRS
				  538.181,
				  538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › MARKETING OF ELECTRIC POWER › General Provisions › Section 538.420 - Summer season and winter season

Current through June 11, 2024
Power from the Boulder Canyon Project, the Parker-Davis
				  Project and the Salt Lake City Area Integrated Projects will be marketed by the
				  Commission during the seasons as defined by Western.
Added to
				  NAC by Colorado River Comm'n, eff. 9-13-85; A 12-17-87; R123-00, 2-15-2001; A
				  by
				  R148-13,
				  eff. 6/23/2014
NRS
					 538.181,
					 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › MARKETING OF ELECTRIC POWER › General Provisions › Section 538.430 - Transmission of power for delivery beyond designated points of delivery

Current through June 11, 2024
The transmission of power, including costs and losses, for
				  delivery of power beyond the Commission's designated points of delivery are the
				  responsibility of the contractor.
Added to NAC by
				  Colorado River Comm'n, eff. 9-13-85
NRS
					 538.181,
					 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › MARKETING OF ELECTRIC POWER › General Provisions › Section 538.440 - Reallocation of power if contractor loses entitlement to power

Current through June 11, 2024
If a contractor loses or surrenders its entitlement to power
				  allocated to it by the Commission pursuant to NAC 538.340 to 538.670,
				  inclusive, the Commission will reallocate that power in the manner provided in
				  section 14.
Added to
				  NAC by Colorado River Comm'n, eff. 9-13-85; A by R123-00, 2-15-2001; A by
				  R148-13,
				  eff. 6/23/2014
NRS
					 538.181,
					 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › MARKETING OF ELECTRIC POWER › General Provisions › Section 538.450 - Reallocation of power if entity fails to enter into contract with Commission (Repealed)

Current through June 11, 2024
Added to
				  NAC by Colorado River Comm'n, eff. 9-13-85; A by R123-00, 2-15-2001; A by
				  R148-13,
				  eff. 6/23/2014; R by
				  R033-18AP,
				  eff. 6/26/2018
NRS
				  538.181,
				  538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › MARKETING OF ELECTRIC POWER › General Provisions › Section 538.455 - Procedures for reallocation of power: Notice requirements; application and review; hearing; Commission decision

Current through June 11, 2024
1. The Commission
				will allocate or reallocate power that becomes available for allocation or
				reallocation in accordance with the provisions of this section and to achieve
				the greatest possible benefit to this State.
2. As soon as practicable after power becomes
				available for allocation or reallocation by the Commission, the Commission's
				staff shall prepare a draft notice for the approval of the Commission which
				informs the public that applications will be accepted for the allocation or
				reallocation of power. The draft notice must:
(a) Describe the power to be allocated or
				reallocated;
(b) Set forth the
				proposed criteria to be used by the Commission for the allocation or
				reallocation of the power;
(c)
				Include a proposed form for applying for an allocation or reallocation of the
				power;
(d) Set forth the date on
				which the Commission's staff will begin taking applications; and
(e) Set forth the date by which an
				application must be submitted.
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › MARKETING OF ELECTRIC POWER › General Provisions › Section 538.460 - Minimum reserves of contractor; supply of capacity if Hoover power plant reduces capacity (Repealed)

Current through June 11, 2024
Added to
				  NAC by Colorado River Comm'n, eff. 9-13-85; A 11-24-87; A by
				  R148-13,
				  eff. 6/23/2014; R by
				  R023-23A,
				  eff. 1/5/2024
NRS 538.181,
					 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › MARKETING OF ELECTRIC POWER › General Provisions › Section 538.470 - Capacity offered at varying load factors; identification (Repealed)

Current through June 11, 2024
Added to NAC by
				  Colorado River Comm'n, eff. 9-13-85; A 12-17-87; R123-00, 2-15-2001; R by
				  R023-23A,
				  eff. 1/5/2024
NRS 538.181,
					 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › MARKETING OF ELECTRIC POWER › General Provisions › Section 538.480 - Offer of certain energy when available to certain entities; observance of restrictions

Current through June 11, 2024
All energy from the Boulder Canyon Project designated in
				  Schedule C at
				  43
				  U.S.C. §
										619 a(a)(1)(C) and any
				  additional power from the Parker-Davis Project or Salt Lake City Area
				  Integrated Projects offered to the Commission may be accepted by the Executive
				  Director of the Commission on behalf of the Commission and will be offered by
				  the Executive Director of the Commission on behalf of the Commission at the
				  time those resources become available and in the most equitable manner as
				  determined by the Executive Director of the Commission, first, to entities that
				  hold contracts for hydroelectric power from the Commission, and then, to any
				  other entity to which the Commission is authorized by law to sell electricity.
				  All entities must observe whatever restrictions are placed on that
				  power.
Added to NAC by
				  Colorado River Comm'n, eff. 9-13-85; A 9-10-87; R123-00,
				  2-15-2001
NRS
					 538.181,
					 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › MARKETING OF ELECTRIC POWER › General Terms and Conditions › Section 538.490 - General rule. (Repealed)

Current through June 11, 2024
Added to
				  NAC by Colorado River Comm'n, eff. 9-13-85; R by
				  R148-13,
				  eff. 6/23/2014
NRS
					 538.181,
					 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › MARKETING OF ELECTRIC POWER › General Terms and Conditions › Section 538.495 - New contracts (Repealed)

Current through June 11, 2024
Added to
				  NAC by Colorado River Comm'n, by
				  R148-13,
				  eff. 6/23/2014; R by
				  R023-23A,
				  eff. 1/5/2024
NRS 538.181,
					 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › MARKETING OF ELECTRIC POWER › General Terms and Conditions › Section 538.500 - Terms of contracts; expiration

Current through June 11, 2024
1. Except as
				otherwise provided in this subsection, contracts for the delivery of long-term
				power from the Boulder Canyon Project allocated under NAC
				538.340 to
				538.670, inclusive, for the
				period ending on September 30, 2017, become effective on the day they are
				executed and expire on the last day of the billing period for September 2017,
				unless terminated before that date by the contractor or the Commission in
				accordance with the terms of the contract.
2. Contracts for the delivery of long-term
				power from the Boulder Canyon Project allocated under NAC
				538.340 to
				538.670, inclusive, for the
				period commencing on October 1, 2017, become effective on the day they are
				executed and expire on the day specified in the contract, unless terminated
				before that date by the contractor or the Commission in accordance with the
				terms of the contract. The Commission will determine the term of each contract
				for the delivery of power from the Boulder Canyon Project for a term of less
				than 50 years commencing on or after October 1, 2017.
3. Contracts for the delivery of long-term
				power from the Parker-Davis Project allocated under NAC
				538.340 to
				538.670, inclusive, become
				effective on the day they are executed and expire on the last day of the
				billing period for September 2028, unless terminated before that date by the
				contractor or the Commission in accordance with the terms of the
				contract.
4. Contracts for the
				delivery of long-term power from the Salt Lake City Area Integrated Projects
				allocated under NAC
				538.340 to
				538.670, inclusive, become
				effective on the first day of the billing period for October 1989 and expire on
				the last day of the billing period for September 2024, unless terminated before
				that date by the contractor or the Commission in accordance with the terms of
				the contract.
5. Except as
				otherwise provided in subsection 2, the term of contracts for short-term power
				will be determined by the Executive Director of the Commission for each
				contract.
Added to
				  NAC by Colorado River Comm'n, eff. 9-13-85; A 11-24-87; 12-17-87; R123-00,
				  2-15-2001; R108-06, 6-28-2006; A by
				  R148-13,
				  eff. 6/23/2014; A by
				  R033-18AP,
				  eff. 6/26/2018
NRS
				  538.181,
				  538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › MARKETING OF ELECTRIC POWER › General Terms and Conditions › Section 538.505 - Provisions required to be included in contract for delivery of Schedule A, B or D power from Boulder Canyon Project on or after October 1, 2017

Current through June 11, 2024
1. A contract for the delivery of power from
				the Boulder Canyon Project designated in Schedule A or Schedule B commencing on
				or after October 1, 2017, must include a provision requiring the contractor to
				pay:
(a) A proportionate share of this
				State's contribution to the cost of the Lower Colorado River Multi-Species
				Conservation Program, as defined in section 9401 of the Omnibus Public Land
				Management Act of 2009, Public Law 111-11; and
(b) Applicable tariff rates and
				charges pursuant to paragraph (a) of subsection 4 of
				NRS
				704.787 if the contractor obtains electric
				distribution services from an electric utility that primarily serves densely
				populated counties, and is a customer of the Commission pursuant to paragraph
				(a) or (b) of subsection 1 of
				NRS
				704.787.
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › MARKETING OF ELECTRIC POWER › General Terms and Conditions › Section 538.510 - Transfer of excess power; observance of restrictions; proceeds credited to contractor; obligation not relieved

Current through June 11, 2024
If a contractor cannot use a portion of the power allocated
				  to it by the Commission in any month, the Commission will, in cooperation with
				  the contractor, endeavor to find markets for that power and arrange for the
				  necessary transfer of delivery. Purchasers of that power must observe whatever
				  restrictions are placed on the use of that power. The money received by the
				  Commission from the sale of that power to others will be credited to the
				  contractor, except that the Commission will collect no more than the
				  contractor's cost of the power. The failure by the Commission in whole or in
				  part to make such an arrangement does not relieve the contractor of its
				  obligation to pay the Commission for the full amount of the power for which it
				  contracted, whether the power is delivered to the contractor or to
				  others.
Added to NAC by
				  Colorado River Comm'n, eff. 9-13-85; A 11-24-87; R123-00,
				  2-15-2001
NRS
					 538.181,
					 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › MARKETING OF ELECTRIC POWER › General Terms and Conditions › Section 538.520 - Firming energy

Current through June 11, 2024
If the actual generation at the Hoover power plant in any
				  year is less than that needed to fulfill the contractual entitlement of any
				  contractor, the Commission will, at the request of the contractor, purchase
				  energy to meet the deficiency at the contractor's expense. If the contractor
				  can provide firming energy from its own resources, the Commission will,
				  annually, allow it to provide its own firming energy and will reduce
				  proportionately the Commission's obligation to the contractor for energy. The
				  cost of firming energy that is provided by the Commission must be paid for in
				  the year in which it is incurred.
Added to NAC by
				  Colorado River Comm'n, eff. 9-13-85; A 11-24-87
NRS
					 538.181,
					 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › MARKETING OF ELECTRIC POWER › General Terms and Conditions › Section 538.530 - Establishment and maintenance of program for integrated resource planning or similar program

Current through June 11, 2024
1. Except as
				otherwise provided in subsection 3, each contractor shall, within 1 year after
				entering into a contract with the Commission pursuant to NAC
				538.340 to
				538.670, inclusive, establish and
				maintain a program for integrated resource planning or a similar program,
				however designated, set forth as a condition to the purchase of power by:
(a) Regulations adopted by Western pursuant
				to
				42 U.S.C.
				§
											7276;
(b) Federal statute; or
(c) The Commission.
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › MARKETING OF ELECTRIC POWER › General Terms and Conditions › Section 538.540 - Limitations on resale; Nevada Power Company to pass benefits through to residential class of ratepayers

Current through June 11, 2024
1. A contractor
				that is not an electric utility and that purchases for power provided by the
				Commission from the Boulder Canyon Project, Parker-Davis Project or Salt Lake
				City Area Integrated Projects may not share, resell , pool, lease or change the
				point of use any of that power without the prior approval of the Commission.
				The Commission may approve the sharing, reselling, pooling, leasing or changing
				the point of use of power pursuant to this subsection for a term of not more
				than 3 years.
2. Anelectric utility
				that contracts with the Commission for power from the Boulder Canyon Project,
				Parker-Davis Project or Salt Lake City Area Integrated Projects:
(a) Must receive that power at a location in
				this State within Western's defined marketing area for the project from which
				the power is obtained.
(b) May not
				resell that power outside this State or outside Western's defined marketing
				area for the project from which the power is obtained without the prior
				approval of the Commission.
(c) May
				resell that power to serve customers within its service area in this State and
				within Western's defined marketing area for the project from which the power is
				obtained, without the prior approval of the Commission.
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › MARKETING OF ELECTRIC POWER › General Terms and Conditions › Section 538.550 - Assignment or other transfer of rights

Current through June 11, 2024
No contractor may assign or otherwise transfer its rights
				  under its contract with the Commission without the prior written approval of
				  the Commission. Before approval will be granted by the Commission, the transfer
				  must be consistent with the provisions of NAC
				  538.340 to
				  538.670,
				  inclusive.
Added to NAC by
				  Colorado River Comm'n, eff. 9-13-85; A by R123-00, 2-15-2001; A by
				  R033-18AP,
				  eff. 6/26/2018
NRS
				  538.181,
				  538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › MARKETING OF ELECTRIC POWER › General Terms and Conditions › Section 538.560 - Reduction of allocation of power to contractor

Current through June 11, 2024
Except as otherwise provided in this section, if, for 3
				  consecutive operating years, a contractor does not use the full allocation of
				  power made available to it by the Commission, the Commission, after notifying
				  the contractor, may reduce its allocation to that contractor to the extent of
				  the contractor's failure to use that full allocation. A reduction will not be
				  made if the contractor's failure to use that full allocation is caused by the
				  implementation of a program for integrated resource planning or a similar
				  program, however designated, described in NAC 538.530 and approved for the
				  contractor by Western or the Commission.
Added to
				  NAC by Colorado River Comm'n, eff. 9-13-85; A 11-24-87; R123-00, 2-15-2001;
				  R108-06, 6-28-2006; A by
				  R148-13;
				  eff. 6/23/2014
NRS
					 538.181,
					 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › MARKETING OF ELECTRIC POWER › General Terms and Conditions › Section 538.570 - Meters; disconnection of certain contractor's power for failure to pay invoice

Current through June 11, 2024
1. A contractor
				that is not a utility and that purchases power provided by the Commission for
				its own use shall provide the Commission with meter data and other information
				necessary for the provision and billing of electric service by:
(a) Using suitable equipment for metering
				power delivered to it by the Commission that meets all applicable standards of
				the electric utility industry or such other standards as may be approved by the
				Executive Director; or
(b)
				Obtaining interconnection to the transmission system through an electric
				distribution provider that has metering which meets all applicable standards of
				the electric utility industry or such other standards as may be approved by the
				Executive Director.
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › MARKETING OF ELECTRIC POWER › General Terms and Conditions › Section 538.580 - General rule. (Repealed)

Current through June 11, 2024
Added to
				  NAC by Colorado River Comm'n, eff. 9-13-85; R by
				  R148-13,
				  eff. 6/23/2014
NRS
					 538.181,
					 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › MARKETING OF ELECTRIC POWER › General Terms and Conditions › Section 538.590 - Capacity and energy available each month; scheduling and accounting procedures; patterns of usage; allowance for certain reductions in capacity

Current through June 11, 2024
1. The capacity and energy available to the
				contractors for each month by the Commission will be shown by an annual report
				or by exhibits to the contracts for power from the Boulder Canyon Project,
				Parker-Davis Project or Salt Lake City Area Integrated Projects.
2. Scheduling and accounting procedures will
				be established by the Commission to adjust for any variations between the
				contractual energy available for delivery and the actual deliveries.
3. If requested by the contractor, the
				Commission, in preparing the exhibits, will endeavor to approximate that
				contractor's seasonal and monthly pattern of usage of energy. The extent to
				which the Commission is able to accommodate these patterns is contingent upon
				the monthly availability of energy.
4. The Commission will, in the contracts for
				power from the Boulder Canyon Project, allow for a reduction in capacity due to
				loss of head or flow or to outages of generating units or other factors. Such a
				reduction will be apportioned by the Commission among the contractors for
				capacity from the Boulder Canyon Project. The Commission will not discriminate
				between the capacity designated in Schedule A, Schedule B and Schedule D in
				apportioning the shortages. The pro rata share of any contractor is the
				proportion its capacity bears to the total capacity available under Schedule A,
				Schedule B and Schedule D.
Added to
				  NAC by Colorado River Comm'n, eff. 9-13-85; A 12-17-87; 2-18-88; R123-00,
				  2-15-2001; A by
				  R148-13,
				  eff. 6/23/2014
NRS
					 538.181,
					 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › MARKETING OF ELECTRIC POWER › General Terms and Conditions › Section 538.610 - Rates, charges and costs; requirement to notify Commission of certain decreases in load

Current through June 11, 2024
1. The rates or
				charges payable by a contractor to the Commission for capacity or energy from
				the Boulder Canyon Project, Parker-Davis Project or Salt Lake City Area
				Integrated Projects and for wheeling energy from the Parker-Davis Project or
				Salt Lake City Area Integrated Projects must be Western's effective rates or
				charges for those resources. These rates or charges, the Commission's
				administrative charge and any other costs associated with the contracted
				resource will be shown by a periodic report or by exhibits to the contracts for
				power from these projects. These rates, charges and costs may vary due to
				changing conditions. Some rates or charges may be estimated for a portion of an
				operating year with an adjustment, for the months the estimate is used, in the
				month the actual rate or charge is established.
2. At the time the Commission is notified by
				Western of any change in the rates or charges, the Commission will notify its
				contractors of the change.
3. The
				administrative charge is based on a projection of the Commission's costs of
				operations relating to the contractors, which must be calculated using an
				average of the costs incurred by the Commission for operations relating to the
				contractors during a period of not less than 3 years immediately preceding the
				operating year in which the administrative charge is to be levied and adjusted
				for future known and expected changes to the annual operating costs of the
				Commission. The administrative charge may be collected, in whole or in part:
(a) As a rate per kilowatt-hour, which is
				determined by dividing the projected costs by the total estimated number of
				kilowatt-hours of all energy, including both hydroelectric and
				nonhydroelectric, to be delivered to contractors.
(b) As a fixed charge, whereby a contractor
				is charged a portion of the operating costs of the Commission in an amount
				based on the amount of hydroelectric energy allocated to the contractor
				pursuant to the contract entered into by the contractor with the Commission and
				the amount of any other energy to be delivered to that contractor by the
				Commission.
Except as otherwise provided in subsection 4, the
				  administrative charge may be increased or decreased after the Commission
				  notifies the contractors of the grounds for the increase or decrease and the
				  effective date of the increase or decrease, which must be not less than 90 days
				  after the Commission sends the notice of the increase or decrease.
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › MARKETING OF ELECTRIC POWER › General Terms and Conditions › Section 538.620 - Scheduling and accounting procedures; delivery of power

Current through June 11, 2024
1. The Commission, in cooperation with the
				contractor, will establish scheduling, accounting and delivery procedures for
				the receipt of power from the Commission that meet the needs of the contractor.
				These procedures must be set forth in an agreement approved by the Executive
				Director of the Commission.
2.
				Deliveries of power from the Boulder Canyon Project, Parker-Davis Project or
				Salt Lake City Area Integrated Projects will be scheduled by the Commission in
				advance in accordance with the procedures set forth in separate scheduling
				instructions which will provide for schedules to meet the needs of day-to-day
				or hour-by-hour operations. The instructions must include procedures for
				determining amounts of power from the Boulder Canyon Project, Parker-Davis
				Project and Salt Lake City Area Integrated Projects delivered to the contractor
				at each point of delivery and procedures for delivery of losses. The procedures
				must also specify the conditions under which actual deliveries, which are
				greater or less than scheduled deliveries during the month of a particular
				season, will be adjusted in later deliveries in subsequent months of that
				season.
Added to
				  NAC by Colorado River Comm'n, eff. 9-13-85; A 12-17-87; R123-00, 2-15-2001; A
				  by
				  R148-13,
				  eff. 6/23/2014
NRS
					 538.181,
					 538.201
Nevada Administrative Code › Chapter 538 - Colorado River Commission of Nevada › MARKETING OF ELECTRIC POWER › General Terms and Conditions › Section 538.630 - Maximum rate of delivery

Current through June 11, 2024
1. Each contractor
				will have a maximum rate of delivery for its point of receipt set out in an
				exhibit to its contract. If a contractor has more than one point of receipt, a
				maximum rate of delivery will be set out for each. This maximum rate of
				delivery will be determined by the Commission.
2. The setting of maximum rates of delivery
				at more than one point of receipt which results in a total rate of delivery
				higher than the contractual rate of delivery does not obligate the Commission
				to increase the availability of capacity to the contractor. The contractor is
				limited to the contractual rate of delivery.
3. The method for determining the maximum
				rate of delivery at each point of receipt is included in the scheduling and
				accounting procedures.
Added to NAC by
				  Colorado River Comm'n, eff. 9-13-85
NRS
					 538.181,
					 538.201