Nevada Code § 704.7877

Participation in Program: Additional requirements; contract terms and content; approval of contract by Commission; entry into contract; forwarding of contract to Office of Economic Development. [Effective through the date on which the last contract entered into pursuant to the Program terminates, whether termination is by expiration of the terms or otherwise.]
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1. Upon receipt of an application and
letter of eligibility pursuant to paragraph (c) of subsection 5 of NRS 704.7876 , the Commission shall:
(a) Review the application;
(b) Establish the rates which may be charged to
the applicant by the electric utility that will serve the load of the
applicant; and
(c) In addition to the terms required by
subsection 3, establish any additional terms which must be included in the
contract between the applicant and the electric utility.
2. Before any applicant enters into a
contract with an electric utility pursuant to the Program, the applicant shall:
(a) Provide to the electric utility that will serve
the load of the applicant access to the applicants facility or plans for the
facility for the purpose of the electric utility making recommendations
concerning the energy efficiency of the facility; and
(b) Provide proof satisfactory to the Commission
that the new load under the contract will have an annual load factor of 50
percent or more for each year of the term of the contract.
3. An applicant may participate in the
Program pursuant to a contract which is entered into by the applicant and the
electric utility that will serve the load of the applicant and which is
approved by the Commission. A contract entered into pursuant to this section
must include provisions setting forth:
(a) The term of the contract, which must be 10
years;
(b) The term of the discounts applicable under
the Program, which must be 8 years;
(c) The rates to be paid for electricity by the
participant;
(d) That the discount approved by the Commission
does not apply to up-front costs, the base tariff general rate, any otherwise
applicable tariff or any taxes, surcharges, amortization or program rate
elements;
(e) The deposit requirements, which must be based
on the rates applicable under the second year of the contract;
(f) That the participant ceases to be eligible
for any discounted rates for electricity if the participant fails to satisfy
any requirements set forth in the contract or NRS 704.7871 to 704.7882 , inclusive, or any regulations
adopted pursuant thereto; and
(g) Any additional requirements prescribed by the
Commission.
4. An electric utility shall prepare a
contract to be entered into by the electric utility and a participant and
submit the contract to the Commission for approval. Upon approval of the
contract by the Commission, the electric utility and the applicant may enter
into the contract and the applicant may participate in the Program. The
Commission shall forward a copy of the approved contract to the Office of
Economic Development.

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