Nevada Code § 704.762

Regulations establishing procedures to apply for approval of alternative rate-making plan; additional requirements for certain plans; Commission not required to accept applications to establish plan if certain criteria not met
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1. The Commission shall adopt regulations
to establish procedures for an electric utility to apply to the Commission for
the approval of an alternative rate-making plan. The regulations must:
(a) Establish the alternative rate-making
mechanisms that may be included in such a plan and any limitations on such
alternative rate-making mechanisms as the Commission deems appropriate,
including, without limitation, any restrictions on the types of alternative
rate-making mechanisms that may be used in concert within the same alternative
rate-making plan.
(b) Provide the information that must be included
in an alternative rate-making plan and an application submitted pursuant to the
regulations adopted pursuant to this section.
(c) Specify the circumstances under which an
electric utility for which the Commission has approved an alternative
rate-making plan is required to file a general rate application pursuant to NRS 704.110 including, without limitation,
if the alternative rate-making plan ceases to meet the criteria established by
the Commission pursuant to paragraph (g).
(d) Provide a process to educate customers of an
electric utility regarding the available alternative rate-making mechanisms
that may be included in an alternative rate-making plan.
(e) Establish requirements for an electric
utility for which the Commission has approved an alternative rate-making plan
to keep or cause to be kept any information and records which the utility would
have been required to submit to the Commission as part of an application
pursuant to NRS 704.110 or 704.187 , if the filing of any such
application is delayed or excused pursuant to the alternative rate-making plan.
(f) If the Commission determines that it is
practicable, require an electric utility to include in its application for the
approval of an alternative rate-making plan:
(1) One or more cost of service studies.
(2) An analysis estimating and comparing:
(I) The rates that would be charged
and the revenue that would be collected under the alternative rate-making plan
proposed in the application; and
(II) The rates that would be charged
and the revenue that would be collected pursuant to the rate-making process
established by NRS 704.110 .
(g) Establish criteria for the evaluation of an
alternative rate-making plan which may include, without limitation, whether the
plan:
(1) Aligns an economically viable utility
model with state public policy goals.
(2) Provides for just and reasonable rates
that are comparable to rates established pursuant to NRS 704.110 .
(3) Enables the delivery of electric
service and options for services and pricing that customers value including,
without limitation, the development and the use of renewable resources by
customers that prioritize such resources above other factors, including price.
(4) Fosters statewide improvements to the
economic and operational efficiency of the electrical grid.
(5) Furthers the public interest
including, without limitation, the promotion of safe, economic, efficient and
reliable electric service to all customers of the electric utility.
(6) Enhances the resilience and security
of the electrical grid while addressing concerns regarding customer privacy.
(7) Ensures that customers of an electric
utility benefit from lower regulatory administrative costs where appropriate.
(8) Facilitates the research and
development of innovative electric utility services and options to benefit
customers.
(9) Balances the interests of customers
and shareholders by providing for services that customers want while preserving
reasonable shareholder value.
2. In addition to any requirement adopted
by regulation of the Commission pursuant to subsection 1, if an electric
utility files an application for an alternative rate-making plan that includes
formula rates or a multi-year rate plan, the alternative rate-making plan must
include, without limitation:
(a) An earnings-sharing mechanism; and
(b) A discussion identifying any changes in risk
to the electric utility and a calculation to adjust the rate of return of the
electric utility based on the changes in risk to the electric utility, which
must demonstrate the impact of the changes on the rates charged to customers of
the electric utility.
3. The Commission is not required to
accept applications to establish an alternative rate-making plan if the
Commission determines, after a reasonable investigation, that the use of an
alternative rate-making plan is not consistent with the criteria established by
the Commission pursuant to paragraph (g) of subsection 1.

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