Nevada Code § 704.751

Order accepting or modifying plan or amendment to plan or specifying inadequacies; notice of utility to consent to or reject modifications; recovery of costs from customers; criteria for accepting energy efficiency plan, distributed resources plan and transmission infrastructure for a clean energy economy plan
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1. After a utility has filed the plan
required pursuant to NRS 704.741 , the
Commission shall issue an order accepting or modifying the plan or specifying
any portions of the plan it deems to be inadequate:
(a) Within 135 days for any portion of the plan
relating to the energy supply plan for the utility for the 3 years covered by
the plan; and
(b) Within 210 days for all portions of the plan
not described in paragraph (a).
If the
Commission issues an order modifying the plan, the utility or utilities may
consent to or reject some or all of the modifications by filing with the
Commission a notice to that effect. Any such notice must be filed not later
than 30 days after the date of issuance of the order. If such a notice is
filed, any petition for reconsideration or rehearing of the order must be filed
with the Commission not later than 10 business days after the date the notice
is filed.
2. If a utility files an amendment to a
plan, the Commission shall issue an order accepting or modifying the amendment
or specifying any portions of the amendment it deems to be inadequate:
(a) Within 165 days after the filing of the
amendment; or
(b) Within 180 days after the filing of the
amendment for all portions of the amendment which contain an element of the
emissions reduction and capacity replacement plan.
If the
Commission issues an order modifying the amendment, the utility or utilities
may consent to or reject some or all of the modifications by filing with the
Commission a notice to that effect. Any such notice must be filed not later
than 30 days after the date of issuance of the order. If such a notice is
filed, any petition for reconsideration or rehearing of the order must be filed
with the Commission not later than 10 business days after the date the notice
is filed.
3. Any order issued by the Commission
accepting or modifying a plan required pursuant to NRS 704.741 or an amendment to such a plan
must include the justification of the Commission for the preferences given
pursuant to subsection 5 of NRS 704.746 to the measures and sources of supply set forth in paragraph (c) of subsection
4 of NRS 704.746 .
4. All prudent and reasonable expenditures
made to develop the utilitys or utilities plan, including environmental,
engineering and other studies, must be recovered from the rates charged to the
utilitys or utilities customers.
5. The Commission may accept an energy
efficiency plan containing an energy efficiency program submitted pursuant to
paragraph (a) of subsection 3 of NRS 704.741 and energy efficiency and conservation programs submitted pursuant to paragraph
(b) of subsection 3 of NRS 704.741 that
are not cost effective if the energy efficiency plan as a whole is cost
effective. Any order issued by the Commission accepting or modifying an energy
efficiency plan or an amendment to such a plan must, if the energy efficiency
plan remains cost effective, require that not less than 10 percent of the total
expenditures of the utility or utilities on approved energy efficiency and
conservation programs in the energy efficiency plan must be specifically
directed to energy efficiency measures for customers of the utility or
utilities in low-income households and residential customers and public schools
in historically underserved communities, through both targeted programs and
programs directed at residential customers and public schools in general.
6. The Commission may accept a distributed
resources plan submitted pursuant to subsection 5 of NRS 704.741 if the Commission determines
that the plan includes each element required by that subsection.
7. Any order issued by the Commission
accepting or modifying an element of an emissions reduction and capacity replacement
plan must include provisions authorizing the electric utility or utilities to
construct or acquire and own electric generating plants necessary to meet the
capacity amounts approved in, and carry out the provisions of, the plan. As
used in this subsection, capacity means an amount of firm electric generating
capacity used by the electric utility or utilities for the purpose of preparing
a plan filed with the Commission pursuant to NRS
704.736 to 704.754 , inclusive.
8. The Commission shall accept a
transmission infrastructure for a clean energy economy plan that conforms to
the requirements of subsections 1 and 2 of NRS
704.79877 and includes the evaluations required by subsection 4 of NRS 704.79877 .
9. As used in this section:
(a) Historically underserved community has the
meaning ascribed to it in NRS 704.78343 .
(b) Low-income household has the meaning
ascribed to it in NRS 704.78347 .

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