NAC702.390. Request for exemption.

     1. A single retail customer or multiple retail customers under common ownership and control which claim that they are exempted from paying the universal energy charge may make a request for exemption.

     2. To make a request for exemption, the single retail customer or multiple retail customers under common ownership and control must:

     (a) Complete a request for exemption on the appropriate form obtained from the Commission; and

     (b) Submit the completed request for exemption to the Commission and include with the completed request for exemption sufficient evidence, legal support and information to support the request for exemption.

     3. The single retail customer or multiple retail customers under common ownership and control have the burden of proving that they are entitled to the exemption under Nevada law.

     4. If a request for exemption is submitted properly, the Commission will:

     (a) Review and make a determination on the request for exemption as soon as practicable;

     (b) Certify the exemption, if any; and

     (c) Except as otherwise provided in this paragraph, at least 7 calendar days before the first day of the next calendar quarter, provide a written copy of its determination and any certification to:

          (1) The person submitting the request for exemption on behalf of the single retail customer or multiple retail customers under common ownership and control; and

          (2) Any UEC collector affected by the exemption, if certified.

Ê If the Commission is unable to make a determination on the request for exemption or provide a written copy of its determination and any certification on the request for exemption at least 7 calendar days before the first day of the next calendar quarter, the Commission will take those actions at least 7 calendar days before the first day of the calendar quarter immediately following the next calendar quarter.

     5. If the Commission certifies an exemption pursuant to this section, each affected UEC collector shall apply the exemption only to billings issued during calendar quarters following the calendar quarter in which the exemption is certified. The single retail customer or multiple retail customers under common ownership and control may request a refund pursuant to NAC 702.380 of any amounts billed by a UEC collector during the calendar quarter in which the exemption is certified.

     6. If the Commission certifies an exemption, in whole or in part, for any therms of natural gas used as a source of energy to generate electricity or any kilowatt-hours of electricity used in industries utilizing electrolytic-manufacturing processes, each retail customer receiving the certified exemption is required to pay the universal energy charge on any therms of natural gas or kilowatt-hours of electricity consumed by the retail customer which are not subject to the certified exemption and which are not otherwise exempt from the universal energy charge for any other lawful reason.

     7. If the nature or scope of the operation or business of any retail customer receiving a certified exemption changes in any material manner which may affect the nature or scope of the certified exemption, not later than 15 calendar days after the changes occur, the retail customer shall submit to the Commission a written report identifying the nature and scope of the changes. After receiving the written report, the Commission will determine whether to reconsider the nature and scope of the certified exemption.

     (Added to NAC by Pub. Utilities Comm’n by R124-01, eff. 12-17-2001; A by R210-03, 5-21-2004)