NAC704.9504. Deviation from and amendment of energy supply plan.

     1. Notwithstanding the approval by the Commission of the energy supply plan of a utility, the utility may deviate from the approved energy supply plan to the extent necessary to respond adequately to any significant change in circumstances not contemplated by the energy supply plan. A significant change in circumstances includes, without limitation:

     (a) A material change in the market price of fuel or purchased power;

     (b) An extended forced outage of a major generating unit of the utility;

     (c) A material change in customer demand; and

     (d) Any other circumstance that the utility demonstrates to the Commission warrants a deviation.

     2. If a utility deviates from its approved energy supply plan:

     (a) The utility shall, as soon as practicable, inform the staff of the deviation from the energy supply plan.

     (b) The utility shall include in the deferred energy application filed pursuant to NAC 704.023 to 704.195, inclusive, in which costs associated with the deviation are first sought to be recovered, a description of and justification for the deviation.

     (c) The Commission will determine on a retrospective factual basis the prudence of the deviation from the energy supply plan in the appropriate proceeding held on the deferred energy application.

     (d) If the deviation from the energy supply plan is of a continuing nature, the utility shall seek authority from the Commission to deviate prospectively from the energy supply plan in an update of the energy supply plan filed pursuant to NAC 704.9506, or by filing an amendment to the energy supply plan in accordance with subsection 3.

     3. An amendment to the energy supply plan of a utility must contain:

     (a) A section that identifies the specific approvals requested by the utility in the amendment;

     (b) A section that specifies any changes in assumptions or data that have occurred since the utility’s last resource plan was filed; and

     (c) As applicable, information required in subsections 1 to 5, inclusive, and 7 of NAC 704.9482.

     (Added to NAC by Pub. Utilities Comm’n by R004-04, eff. 5-25-2004)