1. A utility which supplies electricity in this State shall, on or before June 1 of every third year, in the manner specified by the Commission, submit a plan to increase its supply of electricity or decrease the demands made on its system by its customers to the Commission. Two or more utilities that are affiliated through common ownership and that have an interconnected system for the transmission of electricity shall submit a joint plan.
2. The Commission shall, by regulation:
(a) Prescribe the contents of such a plan, including, but not limited to, the methods or formulas which are used by the utility or utilities to:
(1) Forecast the future demands, except that a forecast of the future retail electric demands of the utility or utilities must not include the amount of energy and capacity proposed pursuant to subsection 5 as 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 on or after May 16, 2019; and
(2) Determine the best combination of sources of supply to meet the demands or the best method to reduce them; and
(b) Designate renewable energy zones and revise the designated renewable energy zones as the Commission deems necessary.
3. The Commission shall require the utility or utilities to include in the plan:
(a) An energy efficiency program for residential customers which reduces the consumption of electricity or any fossil fuel and which includes, without limitation, the use of new solar thermal energy sources.
(b) A proposal for the expenditure of not less than 10 percent of the total expenditures related to energy efficiency and conservation programs on energy efficiency measures for customers of the electric utility 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.
(c) A comparison of a diverse set of scenarios of the best combination of sources of supply to meet the demands or the best methods to reduce the demands, which must include at least one scenario of low carbon dioxide emissions that:
(1) Uses sources of supply that result in, by 2050, an amount of energy production from zero carbon dioxide emission resources that equals the forecasted demand for electricity by customers of the utility;
(2) Includes the deployment of distributed generation; and
(3) If the plan is submitted on or before June 1, 2027, uses sources of supply that result in, by the year 2030, an 80 percent reduction in carbon dioxide emissions from the generation of electricity to meet the demands of customers of the utility as compared to the amount of such emissions in the year 2005.
(d) An analysis of the effects of the requirements of NRS 704.766 to 704.776, inclusive, on the reliability of the distribution system of the utility or utilities and the costs to the utility or utilities to provide electric service to all customers. The analysis must include an evaluation of the costs and benefits of addressing issues of reliability through investment in the distribution system.
(e) A list of the utility’s or utilities’ assets described in NRS 704.7338.
(f) A surplus asset retirement plan as required by NRS 704.734.
4. The Commission shall require the utility or utilities to include in the plan a distributed resources plan. The distributed resources plan must:
(a) Evaluate the locational benefits and costs of distributed resources. This evaluation must be based on reductions or increases in local generation capacity needs, avoided or increased investments in distribution infrastructure, safety benefits, reliability benefits and any other savings the distributed resources provide to the electricity grid for this State or costs to customers of the electric utility or utilities.
(b) Propose or identify standard tariffs, contracts or other mechanisms for the deployment of cost-effective distributed resources that satisfy the objectives for distribution planning.
(c) Propose cost-effective methods of effectively coordinating existing programs approved by the Commission, incentives and tariffs to maximize the locational benefits and minimize the incremental costs of distributed resources.
(d) Identify any additional spending necessary to integrate cost-effective distributed resources into distribution planning consistent with the goal of yielding a net benefit to the customers of the electric utility or utilities.
(e) Identify barriers to the deployment of distributed resources, including, without limitation, safety standards related to technology or operation of the distribution system in a manner that ensures reliable service.
(f) Include a transportation electrification plan as required by NRS 704.7867.
5. The Commission shall require the utility or utilities to include in the plan 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 on or after May 16, 2019. In developing the proposal and the forecasts in the plan, the utility or utilities must use a sensitivity analysis that, at a minimum, addresses load growth, import capacity, system constraints and the effect of eligible customers purchasing less energy and capacity than authorized by the proposed annual limit. The proposal in the plan must include, without limitation:
(a) A forecast of the load growth of the utility or utilities;
(b) The number of eligible customers that are currently being served by or anticipated to be served by the utility or utilities;
(c) Information concerning the infrastructure of the utility or utilities that is available to accommodate market-based new electric resources;
(d) Proposals to ensure the stability of rates and the availability and reliability of electric service; and
(e) For each year of the plan, impact fees applicable to each megawatt or each megawatt hour to account for costs reflected in the base tariff general rate and base tariff energy rate paid by end-use customers of the electric utility.
6. The annual limits proposed pursuant to subsection 5 shall not apply to energy and capacity sales to an eligible customer if the eligible customer:
(a) Was not an end-use customer of the electric utility at any time before June 12, 2019; and
(b) Would have a peak load of 10 megawatts or more in the service territory of an electric utility within 2 years of initially taking electric service.
7. As used in this section:
(a) "Distributed generation system" has the meaning ascribed to it in NRS 701.380.
(b) "Distributed resources" means distributed generation systems, energy efficiency, energy storage, electric vehicles and demand-response technologies.
(c) "Eligible customer" has the meaning ascribed to it in NRS 704B.080.
(d) "Energy" has the meaning ascribed to it in NRS 704B.090.
(e) "Historically underserved community" has the meaning ascribed to it in NRS 704.78343.
(f) "Low-income household" has the meaning ascribed to it in NRS 704.78347.
(g) "New electric resource" has the meaning ascribed to it in NRS 704B.110.
(h) "Provider of new electric resources" has the meaning ascribed to it in NRS 704B.130.
(i) "Renewable energy zones" means specific geographic zones where renewable energy resources are sufficient to develop generation capacity and where transmission constrains the delivery of electricity from those resources to customers.
(j) "Sensitivity analysis" means a set of methods or procedures which results in a determination or estimation of the sensitivity of a result to a change in given data or a given assumption.
(Added to NRS by 1983, 886; A 1987, 961; 2007, 2986; 2009, 993, 1075; 2015, 2149, 2216; 2017, 938, 4286; 2019, 1199, 3516; 2021, 3793)
Structure Nevada Revised Statutes
Chapter 704 - Regulation of Public Utilities Generally
NRS 704.001 - Purpose and policy of Legislature in enacting chapter.
NRS 704.006 - "Basic network service" defined.
NRS 704.007 - "Biomass" defined.
NRS 704.008 - "Business line service" defined.
NRS 704.010 - "Commission" defined.
NRS 704.011 - "Competitive supplier" defined.
NRS 704.012 - "Consumer’s Advocate" defined.
NRS 704.013 - "Fund to maintain the availability of telephone service" defined.
NRS 704.0135 - "Incumbent local exchange carrier" defined.
NRS 704.0136 - "Inmate calling service" defined.
NRS 704.0137 - "Interexchange carrier" defined.
NRS 704.014 - "Local exchange carrier" defined.
NRS 704.015 - "Person" defined.
NRS 704.018 - "Provider of last resort" defined.
NRS 704.020 - "Public utility" or "utility" defined.
NRS 704.021 - "Public utility" or "utility" further defined.
NRS 704.023 - "Small-scale provider of last resort" defined.
NRS 704.025 - "Telecommunication" defined.
NRS 704.027 - "Telecommunication provider" or "telephone company" defined.
NRS 704.028 - "Telecommunication service" or "telephone service" defined.
NRS 704.031 - Power to subpoena person claiming exemption.
NRS 704.032 - Participation of Office of Economic Development in proceedings before Commission.
NRS 704.050 - Special contract rates.
NRS 704.060 - Charge for shorter haul included within longer haul.
NRS 704.062 - "Application to make changes in any schedule" and "application" defined.
NRS 704.066 - "Schedule" defined.
NRS 704.068 - Acts deemed to be change in schedule.
NRS 704.130 - Rates effective and regulations enforceable until modified by Commission or court.
NRS 704.140 - Free or reduced rates for transportation unlawful; exceptions; penalty.
NRS 704.150 - Duty of connecting railroad to transfer car for just and reasonable charge.
NRS 704.160 - Duty of railroad to provide and maintain depots, stations and other facilities.
NRS 704.170 - Duty of railroad to furnish freight cars to shippers; regulations.
NRS 704.175 - Compliance with standards for electrical construction; inspection; exemption.
NRS 704.183 - Examination of certain public utilities.
NRS 704.185 - Use of deferred accounting by certain natural gas utilities; procedure; limitations.
NRS 704.187 - Use of deferred accounting by certain electric utilities; procedure; limitations.
NRS 704.195 - Recording of telephone call concerning emergency or service outage; disclosure.
NRS 704.215 - Powers of Commission: Adoption of certain rules, regulations and rates by reference.
NRS 704.280 - Powers of Commission: Regulation of lines and tracks; regulations; safety devices.
NRS 704.300 - Railroad crossings: Powers of Commission; payment of expenses.
NRS 704.322 - "Security" defined.
NRS 704.325 - Limitations on application of security or proceeds.
NRS 704.326 - Guarantee or obligation of State not implied.
NRS 704.327 - Payment of necessary expenses of Commission by public utility.
NRS 704.328 - Inapplicability of NRS 704.322 to 704.326, inclusive, to certain public utilities.
NRS 704.3296 - "Electric utility" defined.
NRS 704.350 - Prerequisites to issuance of certificate.
NRS 704.360 - Conduct of investigations and hearings.
NRS 704.400 - Order of Commission prima facie lawful from date of order.
NRS 704.440 - Investigation and ascertainment of value of property of public utility; exceptions.
NRS 704.600 - Administrative fines for failure or refusal to make reports or allow examination.
NRS 704.630 - Additional civil remedies of Commission.
NRS 704.635 - Order by Commission to cease and desist.
NRS 704.640 - Criminal penalties.
NRS 704.645 - Remedies of State cumulative; election of remedies.
NRS 704.655 - Public utility required to pay interest on deposits made by customers; penalty.
NRS 704.6622 - Plan of water conservation: Contents; approval by Commission.
NRS 704.669 - Regulation of sale of geothermal energy to public; system of operating permits.
NRS 704.684 - Limitations on regulation of broadband service; exceptions.
NRS 704.6875 - Customer entitled to written notice of duration of certain calls.
NRS 704.6883 - Judicial review of certain decisions of Commission.
NRS 704.68861 - Applicability.
NRS 704.68863 - Powers and duties under certain federal and state laws preserved.
NRS 704.68865 - Adoption of regulations.
NRS 704.68867 - Filing of reports.
NRS 704.68873 - Exemption from regulation of telecommunication service; exceptions.
NRS 704.68877 - Requirements and exemptions regarding basic network service.
NRS 704.68885 - Requirements regarding discontinuation of service.
NRS 704.68887 - Anticompetitive acts and unlawful discrimination prohibited.
NRS 704.716 - Calculation of amount of adjustment; effect on rates, prices and charges.
NRS 704.721 - Filing of tariff on date of conversion.
NRS 704.731 - Faith of State pledged.
NRS 704.7312 - "Coal-fired electric generating plant" defined.
NRS 704.7313 - "Electric utility" defined.
NRS 704.7314 - "Emissions reduction and capacity replacement plan" defined.
NRS 704.7315 - "Renewable energy facility" defined.
NRS 704.7317 - Electric utility required to record certain amounts in regulatory asset.
NRS 704.7331 - "Asset" defined.
NRS 704.7332 - "Decommissioned" defined.
NRS 704.7333 - "Electric utility" defined.
NRS 704.7334 - "Operational" defined.
NRS 704.7335 - "Post-operational reserve" defined.
NRS 704.7336 - "Pre-operational reserve" defined.
NRS 704.7337 - "Surplus" defined.
NRS 704.7338 - Electric utility to file list of assets with Commission; contents of list.
NRS 704.7339 - Reclassification of asset as surplus.
NRS 704.734 - Surplus asset retirement plans: Filing; contents; subject to approval by Commission.
NRS 704.7364 - "Cost effective" defined.
NRS 704.7366 - "Energy efficiency and conservation program" defined.
NRS 704.7368 - "Renewable energy facility" defined.
NRS 704.746 - Public hearing on adequacy of plan; determination by Commission; regulations.
NRS 704.754 - Reports regarding transmission plan.
NRS 704.7565 - "Affiliate" defined.
NRS 704.7568 - "Dispose of a generation asset" defined.
NRS 704.7571 - "Electric utility" defined.
NRS 704.7575 - "Generation asset" defined.
NRS 704.7578 - "Interest in a generation asset" defined.
NRS 704.7581 - "Person" defined.
NRS 704.7595 - Effect of violation.
NRS 704.7611 - "Alternative rate-making mechanism" defined.
NRS 704.7612 - "Alternative rate-making plan" defined.
NRS 704.7613 - "Decoupling mechanism" defined.
NRS 704.7614 - "Earnings-sharing mechanism" defined.
NRS 704.7615 - "Electric utility" defined.
NRS 704.7616 - "Formula rates" defined.
NRS 704.7617 - "Multi-year rate plan" defined.
NRS 704.7618 - "Performance-based rates" defined.
NRS 704.7619 - "Subscription pricing" defined.
NRS 704.7622 - Prohibition against construction limiting rate-making authority of Commission.
NRS 704.766 - Legislative declaration.
NRS 704.7675 - "Contiguous" defined.
NRS 704.768 - "Customer-generator" defined.
NRS 704.769 - "Net metering" defined.
NRS 704.771 - "Net metering system" defined.
NRS 704.7715 - "Renewable energy" defined.
NRS 704.772 - "Utility" defined.
NRS 704.7802 - "Energy efficiency measure" defined.
NRS 704.7803 - "Portfolio energy credit" defined.
NRS 704.7804 - "Portfolio energy system or efficiency measure" defined.
NRS 704.7805 - "Portfolio standard" defined.
NRS 704.7808 - "Provider of electric service" and "provider" defined.
NRS 704.7809 - "Qualified energy recovery process" defined.
NRS 704.7811 - "Renewable energy" defined.
NRS 704.7815 - "Renewable energy system" defined.
NRS 704.7818 - "Retail customer" defined.
NRS 704.7819 - "Utility provider" defined.
NRS 704.7820 - Legislative findings and declarations.
NRS 704.78215 - Calculation of portfolio energy credits.
NRS 704.7825 - Reports; exceptions; regulations regarding additional reports.
NRS 704.78253 - Reports by certain providers not subject to jurisdiction of Commission.
NRS 704.7826 - Certain providers not subject to jurisdiction of Commission.
NRS 704.7827 - Temporary renewable energy development program; regulations.
NRS 704.7831 - "Cost effective" defined.
NRS 704.7832 - "Electric utility" defined.
NRS 704.7833 - "Energy efficiency program" defined.
NRS 704.7834 - "Energy savings" defined.
NRS 704.78343 - "Historically underserved community" defined.
NRS 704.78347 - "Low-income household" defined.
NRS 704.7835 - Legislative findings and declarations.
NRS 704.792 - "Electric utility" defined.
NRS 704.793 - "Energy storage system" defined.
NRS 704.794 - "Procure" or "procurement" defined.
NRS 704.797 - Requirements for energy storage systems procured to meet targets.
NRS 704.7985 - Restrictions on persons performing work on or near electric infrastructure.
NRS 704.79872 - "Electric utility" defined.
NRS 704.79873 - "Electric utility that primarily serves densely populated counties" defined.
NRS 704.79874 - "Electric utility that primarily serves less densely populated counties" defined.
NRS 704.79875 - "High-voltage transmission infrastructure" defined.
NRS 704.79876 - "Transmission infrastructure for a clean energy economy plan" or "plan" defined.
NRS 704.79879 - Amendment may be filed as amendment to resource plan.
NRS 704.7988 - Modifications recommended by the Commission; actions by utility.
NRS 704.79882 - "Regional transmission organization" defined.
NRS 704.79883 - "Task Force" defined. [Effective through December 31, 2031.]
NRS 704.79884 - "Transmission provider" defined.
NRS 704.79885 - "User" defined.
NRS 704.800 - Unlawful acts involving theft or damage to property: Criminal penalties.
NRS 704.805 - Unlawful acts involving theft or damage to property: Civil remedies.
NRS 704.825 - Declaration of legislative findings and purpose.
NRS 704.834 - "Appropriate federal agency" defined.
NRS 704.840 - "Commence to construct" defined.
NRS 704.842 - "Environmental review" defined.
NRS 704.845 - "Local government" defined.
NRS 704.848 - "Other permitting entity" defined.
NRS 704.850 - "Person" defined.
NRS 704.855 - "Public utility" and "utility" defined.
NRS 704.860 - "Utility facility" defined.
NRS 704.871 - Approval of application for utility facility not intended to serve customers in State.
NRS 704.885 - Parties to proceeding for permit; limited appearance; intervention.
NRS 704.890 - Grant or denial of permit: Required findings; conditions and modifications.
NRS 704.893 - Limitations on purchase of capacity of utility facility by certain public utilities.
NRS 704.895 - Rehearing; judicial review.
NRS 704.900 - Cooperation with other states and Federal Government.
NRS 704.994 - "Alternative seller" defined.
NRS 704.995 - "Person" defined.
NRS 704.996 - "Potentially competitive service" defined.
NRS 704.999 - Restoration of service: Conditions; tariffs.
NRS 704.9992 - "Biogas" defined.
NRS 704.9993 - "Environmental attributes" defined.
NRS 704.9994 - "Renewable energy" defined.
NRS 704.9995 - "Renewable natural gas" defined.