NAC704.8883. Petition for exemption from administrative fine or other administrative action.

     1. If the Commission imposes an administrative fine or takes other administrative action against a provider pursuant to NAC 704.8881, not later than 30 days after the date on which the Commission issues its order, the provider may file with the Commission a petition for an exemption from the administrative fine or other administrative action. If the provider files such a petition, the Commission will schedule a hearing on the petition to be held not later than 75 days after the date on which the petition is filed.

     2. For the provider to be entitled to an exemption, the Commission must determine that there was not a sufficient supply of electricity from renewable energy systems or a sufficient amount of energy savings from energy efficiency measures made available to the provider during the most recently completed compliance year. The Commission will make such a determination only if it finds that:

     (a) After the provider made its request for proposals for renewable energy contracts or energy efficiency contracts, the proposals received by the provider did not offer sufficient quantities of electricity or a sufficient amount of energy savings for the provider to comply with its portfolio standard or did not offer sufficient quantities of electricity pursuant to renewable energy contracts or a sufficient amount of energy savings pursuant to energy efficiency contracts with just and reasonable terms and conditions;

     (b) After the provider contracted for sufficient quantities of electricity pursuant to renewable energy contracts or for a sufficient amount of energy savings pursuant to energy efficiency contracts with just and reasonable terms and conditions, one or more of the portfolio energy systems or efficiency measures under contract were unable or failed to meet their contractual commitments to the provider or were prevented from meeting their contractual commitments to the provider based on federal, state or local requirements or standards;

     (c) The provider could not have economically or technically placed into commercial operation its own portfolio energy systems or efficiency measures; or

     (d) Other facts and circumstances which the Commission deems relevant support a conclusion that there was not a sufficient supply of electricity from renewable energy systems or a sufficient amount of energy savings from energy efficiency measures made available to the provider. Such other facts and circumstances may include, without limitation, any regulatory delay attributable to the State of Nevada or any other governmental entity.

     3. If, after the hearing, the Commission determines that there was not a sufficient supply of electricity from renewable energy systems or a sufficient amount of energy savings from energy efficiency measures made available to the provider during the most recently completed compliance year, the Commission:

     (a) Will grant, in whole or in part, the petition for an exemption from the administrative fine or other administrative action; and

     (b) Will not impose an administrative fine or take other administrative action against the provider with regard to any insufficiency in the portfolio standard that occurs because one or more of the portfolio energy systems or efficiency measures under contract were unable or failed to meet their contractual commitments to the provider or were prevented from meeting their contractual commitments to the provider based on federal, state or local requirements or standards.

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