NAC704B.370. Duty to file and serve certain agreements; limited review and use of certain underlying contracts; confidentiality; terms, conditions and compliance items; petition to reopen consideration of application; limitations on actions of Commission after approval of application.

     1. Except as otherwise provided in this section, not later than 40 calendar days after the date on which the eligible customer files an application, the eligible customer shall file with the Commission the following agreements:

     (a) A completed and fully executed distribution service agreement between the eligible customer and the electric utility. The distribution service agreement must include, without limitation:

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

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

               (II) 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; and

          (2) A detailed plan for the avoidance of involuntary curtailments of energy or capacity to the remaining retail customers of the electric utility in the event that:

               (I) The eligible customer is unable to secure supply for 100 percent of its load;

               (II) The eligible customer is no longer being served by operating reserves; and

               (III) The electric utility in good faith determines that it is unable to provide replacement resources to the eligible customer without negatively impacting system reliability.

Ê The detailed plan may include provisions for standby service, load shedding, recourse to reliably available market resources and any other measures or combination of measures reasonably designed to avoid involuntary load curtailments by the electric utility.

     (b) A completed and fully executed transmission service agreement and operating agreement with the electric utility meeting all requirements of its OATT.

     2. If the eligible customer does not file the agreements pursuant to subsection 1 and the Commission approves the application, the Commission will condition its order approving the application on the filing of the agreements with the Commission.

     3. Each agreement filed with the Commission pursuant to subsection 1 or 2 must be served on each party of record.

     4. If the Commission approves an application of an eligible customer which is not subject to subsection 2 of NRS 704B.320 and the eligible customer has not submitted a copy of a completed and fully executed underlying contract between the eligible customer and the provider for the purchase of energy, capacity or ancillary services from the provider, the Commission will condition its order approving the application on submission to the Regulatory Operations Staff of one copy of such a completed and fully executed underlying contract between the eligible customer and the provider. Upon receipt of the underlying contract, the Regulatory Operations Staff shall:

     (a) Review the underlying contract to verify that the terms of the underlying contract are the same as the terms that the eligible customer provided to the Regulatory Operations Staff when the Regulatory Operations Staff performed its final analysis of the proposed transaction; and

     (b) Inform the Commission and each party of record whether the terms are the same or whether the terms differ. If the terms differ, the Commission will issue an order identifying the terms that differ and providing the eligible customer with an opportunity to resolve the differences. If the eligible customer fails to resolve the differences within 7 days, the application shall be deemed to be rescinded.

Ê An underlying contract that is submitted to the Regulatory Operations Staff pursuant to this subsection shall be deemed to be submitted for verification purposes only and must not be included as part of the record of the case. The contents of the underlying contract shall be deemed to be commercially sensitive and must not be disclosed on the public record or otherwise in any proceeding governed by this chapter. The Regulatory Operations Staff shall protect the confidentiality of the underlying contract and shall not disclose the contents of the underlying contract to any person or entity, unless authorized by the Commission.

     5. If the Commission approves the application of an eligible customer which is subject to subsection 2 of NRS 704B.320 and the eligible customer has not submitted a copy of a completed and fully executed underlying contact between the eligible customer and the provider for the purchase of energy, capacity or ancillary services from the provider, the Commission will condition its order approving the application on submission of a copy of the completed and fully executed underlying contract to the Commission, the Regulatory Operations Staff, the Bureau of Consumer Protection and the electric utility. Upon receipt of the underlying contract, the Regulatory Operations Staff shall:

     (a) Review the underlying contract to verify that the terms of the underlying contract are the same as the terms that the eligible customer provided to the Regulatory Operations Staff when the Regulatory Operations Staff performed its final analysis of the proposed transaction; and

     (b) Inform the Commission and each party of record whether the terms are the same or whether the terms differ. If the terms differ, the Commission will issue an order identifying the terms that differ and providing the eligible customer with an opportunity to resolve the differences. If the eligible customer fails to resolve the differences within 7 days, the application shall be deemed to be rescinded.

Ê Except for the review process performed by the Regulatory Operations Staff pursuant to this subsection to verify the terms of the underlying contract, the underlying contract may be used only to evaluate the 10-percent contract required pursuant to NRS 704B.320 and is subject to any protective order issued pursuant to paragraph (b) of subsection 2 of NAC 704B.340.

     6. In addition to the terms, conditions and compliance items required by subsections 2, 4 and 5, the Commission may condition its order approving an application with any other terms, conditions and compliance items it deems necessary to ensure that the proposed transaction is not contrary to the public interest.

     7. The Commission will provide in each order approving an application that the eligible customer must comply with all terms, conditions and compliance items imposed pursuant to this section not later than 120 calendar days after the date on which the Commission issues the order.

     8. A party of record may petition the Commission to reopen consideration of an application. A party of record must file such a petition not later than 15 calendar days after the date on which the Commission determines that the eligible customer has complied with all terms, conditions and compliance items imposed pursuant to this section.

     9. Except upon a petition to reopen consideration of an application that is filed by a party of record pursuant to this section and except as otherwise provided in this section and NRS 704B.360, or as may be needed to address any objections raised pursuant to NAC 704B.405, the Commission will not, after it issues an order approving an application:

     (a) Rescind or amend its approval of the application; or

     (b) Add to or modify the terms, conditions and compliance items set forth in the order approving the application.

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