NAC704.9457. Acceptance or modification of emissions reduction and capacity replacement plan.

     1. After a hearing, the Commission may issue an order accepting or modifying an emissions reduction and capacity replacement plan of an electric utility that primarily serves densely populated counties if the emissions reduction and capacity replacement plan or any modifications to the plan provide for:

     (a) The retirement or elimination of coal-fired electric generating capacity in a manner that is consistent with paragraph (a) of subsection 2 of NRS 704.7316.

     (b) The issuance by the utility of requests for proposals for electric generating capacity from new renewable energy facilities in a manner that is consistent with paragraph (b) of subsection 2 of NRS 704.7316.

     (c) The construction or acquisition and ownership by the utility of new renewable energy facilities with a nameplate capacity of 50 megawatts in a manner that is consistent with subparagraph (6) of paragraph (b) of subsection 2 of NRS 704.7316.

     (d) The construction or acquisition and ownership by the utility of electric generating facilities with a planning capacity of approximately 550 megawatts that the Commission has determined are needed pursuant to subsection 6 of NRS 704.751 in a manner that is consistent with the provisions of NRS 704.7311 to 704.7322, inclusive, and the regulations adopted pursuant thereto.

     (e) If the plan includes the construction or acquisition of one or more natural gas-fired electric generating plants, a strategy for the commercially reasonable physical procurement of fixed-price natural gas by the utility, as required by paragraph (d) of subsection 2 of NRS 704.7316.

     (f) A plan to account for the costs associated with the retirement and decommissioning of the coal-fired electric generating units identified for retirement or elimination under the emissions reduction and capacity replacement plan and for all remediation costs.

     2. In considering whether to accept or modify the emissions reduction and capacity replacement plan of an electric utility that primarily serves densely populated counties, the Commission will consider the factors set forth in subsection 8 of NRS 704.746 and the analyses related to those factors which is provided by the utility pursuant to paragraph (b) of subsection 7 of NAC 704.9453.

     3. If the Commission issues an order modifying the emissions reduction and capacity replacement plan of an electric utility that primarily serves densely populated counties, the utility may accept the modifications made by the Commission or withdraw the emissions reduction and capacity replacement plan. If the utility withdraws its emissions reduction and capacity replacement plan pursuant to this subsection:

     (a) The utility must file a new emissions reduction and capacity replacement plan within 180 days after withdrawing the plan or as directed by the Commission.

     (b) The Commission may not impose an administrative fine against the utility for failing to comply with the requirements of NRS 704.7311 to 704.7322, inclusive, and the regulations adopted pursuant thereto, if the utility files a new emissions reduction and capacity replacement plan within the time frame set forth in paragraph (a).

     (Added to NAC by Pub. Utilities Comm’n by R131-13, eff. 3-28-2014)