NAC704B.340. Contents of application; protective orders; confidentiality.

     1. If an eligible customer files an application, the eligible customer shall include with the application all the information that the eligible customer included with the letter of intent and all the following items:

     (a) Information demonstrating that the eligible customer or the provider has the ability to enter into all transmission service agreements necessary for the provider to deliver energy to the distribution system of the electric utility, and the proposed rates, terms and conditions of each such agreement. The eligible customer shall be deemed to have met the requirements of this subsection if:

          (1) The eligible customer or the provider demonstrates that transmission service agreements with the electric utility will not be necessary for the provider to deliver energy to the distribution system of the electric utility; or

          (2) The eligible customer demonstrates that it is an eligible customer under the OATT of the electric utility and the eligible customer agrees, to the extent applicable, to pay all costs for system impact studies, costs for construction and other costs required under the OATT of the electric utility to obtain the necessary transmission service.

     (b) Information demonstrating that all energy delivered to the eligible customer will be metered through one or more time-of-use meters for each point of delivery.

     (c) Any applicable system impact studies or facilities studies completed for the transmission service request.

     (d) Any information required to update or complete the information the eligible customer included with the letter of intent.

     (e) Any other information deemed necessary by the Regulatory Operations Staff and requested in writing.

     (f) If the eligible customer is a nongovernmental commercial or industrial end-use customer whose load is in the service territory of an electric utility that primarily serves densely populated counties:

          (1) Information demonstrating that the eligible customer has obtained the 10-percent contract in accordance with subsection 2 of NRS 704B.320;

          (2) A binding offer, in the form of a separate contract, to assign the 10-percent contract to the electric utility; and

          (3) All the information reasonably foreseen to be necessary to enable the Regulatory Operations Staff or any party of record to perform an analysis of the 10-percent contract.

     2. The eligible customer may request from the Commission a protective order to protect the confidentiality of any information the eligible customer believes to be commercially sensitive. The Commission will determine whether the requested information is commercially sensitive under Nevada law and requires confidential treatment. If the Commission determines that the information is commercially sensitive, the Commission:

     (a) Will grant a protective order at least with respect to all information concerning the price of the energy, capacity and ancillary services to be purchased by the eligible customer.

     (b) Will grant a protective order with respect to all information concerning the price of the energy, capacity and ancillary services associated with the 10-percent contract offered by the eligible customer pursuant to subsection 2 of NRS 704B.320.

     (c) Will not grant a protective order with respect to the information described in paragraphs (a) and (b) of subsection 2 of NAC 704B.320.

     3. If information is protected by a protective order, the Regulatory Operations Staff, the Bureau of Consumer Protection, the electric utility and any intervener authorized by the Commission to participate in the matter pursuant to NAC 703.578 to 703.600, inclusive, may have access to such information upon execution of a confidentiality agreement and subject to the terms of the protective order and the confidentiality agreement. Information protected by a protective order must not be disclosed on the public record or otherwise in any proceeding governed by this chapter, except as provided in the protective order.

     (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)