Nevada Code § 704.746

Public hearing on adequacy of plan; determination by Commission; regulations
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1. After a utility has filed its plan
pursuant to NRS 704.741 , the Commission
shall convene a public hearing on the adequacy of the plan.
2. The Commission shall determine the
parties to the public hearing on the adequacy of the plan. A person or
governmental entity may petition the Commission for leave to intervene as a
party. The Commission must grant a petition to intervene as a party in the
hearing if the person or entity has relevant material evidence to provide
concerning the adequacy of the plan. The Commission may limit participation of
an intervener in the hearing to avoid duplication and may prohibit continued
participation in the hearing by an intervener if the Commission determines that
continued participation will unduly broaden the issues, will not provide
additional relevant material evidence or is not necessary to further the public
interest.
3. In addition to any party to the
hearing, any interested person may make comments to the Commission regarding
the contents and adequacy of the plan.
4. After the hearing, the Commission shall
determine whether:
(a) The forecast requirements of the utility or
utilities are based on substantially accurate data and an adequate method of
forecasting.
(b) The plan identifies and takes into account
any present and projected reductions in the demand for energy that may result
from measures to improve energy efficiency in the industrial, commercial,
residential and energy producing sectors of the area being served.
(c) The plan adequately demonstrates the
economic, environmental and other benefits to this State and to the customers
of the utility or utilities associated with the following possible measures and
sources of supply:
(1) Improvements in energy efficiency;
(2) Pooling of power;
(3) Purchases of power from neighboring
states or countries;
(4) Facilities that operate on solar or
geothermal energy or wind;
(5) Facilities that operate on the
principle of cogeneration or hydrogeneration;
(6) Other generation facilities; and
(7) Other transmission facilities.
5. The Commission shall give preference to
the measures and sources of supply set forth in paragraph (c) of subsection 4
that:
(a) Provide the greatest economic and
environmental benefits to the State;
(b) Are consistent with the provisions of this
section;
(c) Provide levels of service that are adequate
and reliable;
(d) Provide the greatest opportunity for the
creation of new jobs in this State; and
(e) Provide for diverse electricity supply
portfolios and which reduce customer exposure to the price volatility of fossil
fuels and the potential costs of carbon.
In considering
the measures and sources of supply set forth in paragraph (c) of subsection 4
and determining the preference given to such measures and sources of supply,
the Commission shall consider the cost of those measures and sources of supply
to the customers of the electric utility or utilities.
6. The Commission shall:
(a) Adopt regulations which determine the level
of preference to be given to those measures and sources of supply; and
(b) Consider the value to the public of using
water efficiently when it is determining those preferences.
7. The Commission shall:
(a) Consider the level of financial commitment
from developers of renewable energy projects in each renewable energy zone, as
designated pursuant to subsection 2 of NRS
704.741 ; and
(b) Adopt regulations establishing a process for
considering such commitments including, without limitation, contracts for the
sale of energy, leases of land and mineral rights, cash deposits and letters of
credit.
8. The Commission shall, after a hearing,
review and accept or modify an emissions reduction and capacity replacement
plan which includes each element required by NRS
704.7316 . In considering whether to accept or modify an emissions reduction
and capacity replacement plan, the Commission shall consider:
(a) The cost to the customers of the electric
utility or utilities to implement the plan;
(b) Whether the plan provides the greatest
economic benefit to this State;
(c) Whether the plan provides the greatest
opportunities for the creation of new jobs in this State; and
(d) Whether the plan represents the best value to
the customers of the electric utility or utilities.
9. In considering whether to accept or
modify a proposal for annual limits on the total amount of energy and capacity
that eligible customers may be authorized to purchase from providers of new
electric resources through transactions approved by the Commission pursuant to
an application submitted pursuant to NRS
704B.310 after May 16, 2019, which is included in the plan pursuant to
subsection 6 of NRS 704.741 , the
Commission shall consider whether the proposed annual limits:
(a) Further the public interest, including,
without limitation, whether the proposed annual limits promote safe, economic,
efficient and reliable electric service to all customers of electric service in
this State;
(b) Align an economically viable utility model
with state public policy goals; and
(c) Encourage the development and use of
renewable energy resources located in this State and, in particular, renewable
energy resources that are coupled with energy storage.
10. In considering whether to accept or
modify a plan to accelerate transportation electrification submitted pursuant
to NRS 704.7867 , the Commission shall
consider:
(a) Whether the proposed investments, incentives,
rate designs, systems and programs are reasonably expected to achieve one or
more of the following:
(1) Improve the efficiency of the electric
utilitys electrical system, operational flexibility or system utilization
during off-peak hours;
(2) Improve the ability of the electric
utility to integrate renewable energy resources which generate electricity on
an intermittent basis into the transmission and distribution grid;
(3) Reduce greenhouse gas emissions and
air pollution;
(4) Improve air quality in communities
most affected by air pollution from the transportation sector;
(5) Support increased consumer choice in
electric vehicle charging and related infrastructure and services;
(6) Increase access to the use of
electricity as a transportation fuel by low-income users by including
investments, incentives or programs for those users, or for entities operating
in communities or at locations that will benefit low-income users;
(7) Foster the investment of private
capital in transportation electrification, as defined in NRS 704.7867 , and the demand for skilled
jobs in related services; and
(8) Provide information and education on
the benefits of transportation electrification to customers.
(b) Whether the proposed investments, incentives,
rate designs, systems and programs provide electric services and pricing that
customers value.
(c) Whether the proposed investments, incentives,
systems and programs incorporate public reporting requirements which will serve
to inform program design and Commission policy.
(d) The cost to the customers of the electric
utility to implement the plan.

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