NAC704.5683. Action plan: Deviation from plan by utility.

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

     (a) A substantial change in the market price of water;

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

     (c) A substantial change in customer demand; or

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

     2. If a utility deviates from its approved action plan:

     (a) The Commission will determine the prudence of the deviation from the action plan in an appropriate proceeding.

     (b) If the deviation from the action plan is of a continuing nature, the utility shall request authority from the Commission to deviate prospectively from the action plan by filing an amendment to the action plan.

     (Added to NAC by Pub. Utilities Comm’n by R043-08, eff. 9-18-2008)