NAC704.8871. Compliance with portfolio standard.

     1. Except as otherwise provided in NAC 704.8831 to 704.8899, inclusive:

     (a) Each utility provider shall comply with its portfolio standard during each compliance year by generating, acquiring or saving electricity from a portfolio energy system or efficiency measure in the amounts required by NRS 704.7821 for that compliance year;

     (b) If a provider of new electric resources made energy, capacity or ancillary services from a new electric resource available to an eligible customer before July 1, 2009, the portfolio standard set forth in NRS 704.7821 which was effective on the date on which the order approving the application or request was approved shall be deemed to apply to the provider of new electric resources, and the provider of new electric resources shall comply with its portfolio standard by generating, acquiring or saving electricity from a portfolio energy system or efficiency measure in the amounts required by NRS 704.7821 for that compliance year; and

     (c) If a provider of new electric resources made energy, capacity or ancillary services from a new electric resource available to an eligible customer on or after July 1, 2009, the provider of new electric resources shall comply with its portfolio standard during each compliance year by generating, acquiring or saving electricity from a portfolio energy system or efficiency measure in the amounts required pursuant to NRS 704.78213.

     2. Each provider has the burden to prove that it complied with its portfolio standard during each compliance year.

     3. As used in this section, “provider of new electric resources” has the meaning ascribed to it in NRS 704B.130.

     (Added to NAC by Pub. Utilities Comm’n by R144-01, eff. 5-31-2002; A by R167-05, 2-23-2006; R198-09, 1-13-2011)