NAC704B.410. Criteria for determining whether proposed transaction will be contrary to public interest.

In determining whether a proposed transaction for an existing eligible customer will be contrary to the public interest:

     1. The Commission will base its determination on the criteria set forth in subsections 5 and 6 of NRS 704B.310. To approve the application, the Commission must determine that the proposed transaction does not subject the electric utility or its remaining customers to increased costs as a result of the proposed transaction.

     2. In addition to the criteria set forth in subsection 1, the Commission may consider, without limitation, and give due weight to:

     (a) The potential impacts of the proposed transaction on the electric utility and its remaining customers as set forth in the analysis performed by the Regulatory Operations Staff pursuant to NAC 704B.350.

     (b) The potential impacts of the proposed transaction on the electric utility and its remaining customers as set forth in any alternative analysis filed by a party of record pursuant to NAC 704B.350.

     (c) The potential impacts of the proposed transaction on the electric utility and its remaining customers which are of a qualitative nature or of a quantitative nature and which were not included in the analysis performed by the Regulatory Operations Staff pursuant to NAC 704B.350.

     (d) The opportunity or ability of the electric utility to mitigate costs that would otherwise be assigned to its remaining customers, provided that any such mitigation must not alter, diminish or otherwise affect any rights or obligations arising under any contract which requires the electric utility to purchase energy, capacity or ancillary services from another party and which was in existence on July 17, 2001.

     (e) The extent to which the proposed transaction increases or decreases existing subsidies to the remaining customers of the electric utility in the same rate class or in other rate classes.

     (f) Factors that affect system reliability of the electric utility, including, without limitation, whether approval of the application will result in:

          (1) Construction of additional generation, transmission or distribution assets without cost to the remaining customers of the electric utility;

          (2) Location of generation assets where they may improve or degrade system reliability; and

          (3) Availability of generation assets which may be dispatched by the electric utility or which may be capable of providing ancillary services such as regulation.

     (g) Factors that affect the general welfare of the residents and communities of this State, including, without limitation, employment, economic development and the quality of life.

     (Added to NAC by Pub. Utilities Comm’n by R125-01, eff. 12-17-2001)