NAC704B.320. Letter of intent to file application: General requirements; contents; limitations on use of certain information by electric utility.  


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  •      1. Not later than 30 calendar days before the date on which an eligible customer files an application, the eligible customer shall submit a letter of intent to file the application to:

         (a) The electric utility that is serving the eligible customer;

         (b) The Regulatory Operations Staff; and

         (c) The Bureau of Consumer Protection.

         2. The letter of intent submitted pursuant to this section must include the following information:

         (a) The name of the eligible customer, the address and other contact information for the eligible customer, and information demonstrating that the applicant is an eligible customer.

         (b) The name of the provider, the address and other contact information for the provider, and information demonstrating that the provider will provide energy, capacity or ancillary services from one or more identifiable new electric resources, including the location of the new electric resource or identification of the market for the new electric resource. If the provider intends to build a new electric resource, the letter of intent must also include a description of the proposed new facility and of how the total electricity requirements of the eligible customer will be met.

         (c) Each point of delivery at which the eligible customer intends to purchase energy from the provider and, for each such point of delivery:

              (1) The physical location of the point of delivery; and

              (2) The current account number for the point of delivery, the name on each such account and the current billing address and final billing address for each such account.

         (d) A description of the proposed transaction in the executed underlying contract between the provider and the eligible customer or, if no executed underlying contract exists when the letter of intent is submitted, a description of the terms that the eligible customer reasonably expects to be included in an executed underlying contract between the eligible customer and the provider for the purchase of energy, capacity or ancillary services from the provider. The description must include:

              (1) The date of commencement and the duration of the proposed transaction;

              (2) The amount of energy, capacity and ancillary services, if any, to be purchased by the eligible customer;

              (3) The identity of any scheduling coordinator as required by the OATT of the electric utility to be used by the eligible customer in scheduling the delivery of energy to the eligible customer and written confirmation from the scheduling coordinator;

              (4) The point or points of receipt;

              (5) The maximum number of megawatts or megawatt-hours to be delivered under the proposed transaction and any load forecasts developed to determine the maximum number of megawatts or megawatt-hours to be delivered under the proposed transaction;

              (6) Information regarding the nature of the product being purchased, including, without limitation, information regarding whether the energy or capacity is firm;

              (7) Information regarding termination provisions and notice provisions; and

              (8) Information regarding load ramps, both increases and decreases, over the term of the proposed transaction.

         (e) Information specifying which ancillary services will be taken from which entities.

         (f) Information indicating whether the new electric resources will be delivered from within or outside of the control area of the electric utility.

         3. In addition to the information required by subsection 2, if an eligible customer is a governmental entity, the eligible customer shall include with the letter of intent information sufficient to establish that:

         (a) The eligible customer is a governmental entity; and

         (b) The facilities and other locations that will be served by the provider are operated by the eligible customer under a common budget and common control.

         4. The electric utility may use information regarding submission of the letter of intent, information included with the letter of intent or information otherwise provided in connection with a proposed transaction governed by this chapter only for the performance of analyses required by this chapter, and the electric utility shall not use such information when conducting its sales or marketing activities. An electric utility shall adhere to the written standards, policies and procedures filed by the electric utility with the Commission to ensure compliance with this subsection.

     (Added to NAC by Pub. Utilities Comm’n by R125-01, eff. 12-17-2001; A by R122-02, 10-24-2002; R018-04, 11-17-2005)