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2005 Nevada Revised Statutes - Chapter 704B — Providers of New Electric Resources

CHAPTER 704B - PROVIDERS OF NEW ELECTRICRESOURCES

GENERAL PROVISIONS

NRS 704B.010 Definitions.

NRS 704B.020 Ancillaryservices defined.

NRS 704B.030 Calendarquarter defined.

NRS 704B.040 Commissiondefined.

NRS 704B.045 ConsumersAdvocate defined.

NRS 704B.050 Electricutility defined.

NRS 704B.060 Electricutility that primarily serves densely populated counties defined.

NRS 704B.070 Electricutility that primarily serves less densely populated counties defined.

NRS 704B.080 Eligiblecustomer defined.

NRS 704B.090 Energydefined.

NRS 704B.100 Generationasset defined.

NRS 704B.110 Newelectric resource defined.

NRS 704B.120 Persondefined.

NRS 704B.130 Providerof new electric resources and provider defined.

NRS 704B.140 Time-of-usemeter defined.

APPLICABILITY

NRS 704B.170 Effectof chapter on certain existing contracts; duties of electric utilities andassignees concerning certain existing contracts.

GENERAL POWERS AND DUTIES OF COMMISSION

NRS 704B.200 Regulations.

NRS 704B.210 Submissionof report to Legislative Commission.

DEVELOPMENT OF NEW ELECTRIC RESOURCES

NRS 704B.260 Electricutilities may enter into certain agreements relating to generation assets;increased energy, capacity or ancillary services deemed new electric resource;ownership and use of new electric resource; limitations; duties andrestrictions imposed on Commission.

TRANSACTIONS WITH ELIGIBLE CUSTOMERS

NRS 704B.300 Authorityof provider to sell energy, capacity or ancillary services; limitations;provider is not public utility because of transaction; jurisdiction ofCommission; prohibition.

NRS 704B.310 Applicationfor approval of proposed transaction: Time for filing; contents;confidentiality of certain information; public notice and hearing; review byCommission; terms, conditions and payments as part of approval; time withinwhich Commission must act.

NRS 704B.320 Conditionsand limitations for certain proposed transactions; requirements for certaineligible customers; limited disclosure of certain information; duties ofCommission; compliance with portfolio standard.

NRS 704B.325 Purchaseof energy, capacity or ancillary services from alternative provider afterapproval of original transaction: Rights and obligations of eligible customers;expedited review by Commission; limited disclosure of certain information.

NRS 704B.330 Replacementof energy, capacity or ancillary services purchased from provider with energy,capacity or ancillary services purchased from electric utility; tariffs.

NRS 704B.340 Time-of-usemeters: Requirements; installation; costs; limitations; number; use of othermeters or equipment.

NRS 704B.350 Dutyof electric utility to provide certain components of electric service; duty ofCommission to establish just, reasonable and nondiscriminatory rates; effect ofchapter on existing rights and requirements under federal and state law.

NRS 704B.360 Paymentof taxes, fees and assessments by eligible customers; billing requirements;disciplinary action for failure to comply.

_________

GENERAL PROVISIONS

NRS 704B.010 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS704B.020 to 704B.140, inclusive,have the meanings ascribed to them in those sections.

(Added to NRS by 2001, 3223; A 2003, 1260)

NRS 704B.020 Ancillaryservices defined. Ancillary services meansthose generation services that:

1. Are necessary to support the transmission of energyand capacity from resources to loads while maintaining reliable operation ofthe transmission system of the electric utility; and

2. Are defined and established in applicabletransmission tariffs on file with the Federal Energy Regulatory Commission.

(Added to NRS by 2001, 3223)

NRS 704B.030 Calendarquarter defined. Calendar quarter meanseach period of 3 consecutive calendar months ending on March 31, June 30, September30 and December 31 in each calendar year.

(Added to NRS by 2001, 3223)

NRS 704B.040 Commissiondefined. Commission means the PublicUtilities Commission of Nevada.

(Added to NRS by 2001, 3223)

NRS 704B.045 ConsumersAdvocate defined. Consumers Advocate meansthe Consumers Advocate of the Bureau of Consumer Protection in the Office ofthe Attorney General.

(Added to NRS by 2003, 1260)

NRS 704B.050 Electricutility defined.

1. Electric utility means any public utility orsuccessor in interest that:

(a) Is in the business of providing electric service tocustomers;

(b) Holds a certificate of public convenience andnecessity issued or transferred pursuant to chapter704 of NRS; and

(c) In the most recently completed calendar year or inany other calendar year within the 7 calendar years immediately preceding themost recently completed calendar year, had a gross operating revenue of$250,000,000 or more in this state.

2. The term does not include a cooperativeassociation, nonprofit corporation, nonprofit association or provider ofelectric service which is declared to be a public utility pursuant to NRS 704.673 and which provides service onlyto its members.

(Added to NRS by 2001, 3223)

NRS 704B.060 Electricutility that primarily serves densely populated counties defined. Electric utility that primarily serves densely populatedcounties means an electric utility that, with regard to the provision ofelectric service, derives more of its annual gross operating revenue in thisstate from customers located in counties whose population is 400,000 or morethan it does from customers located in counties whose population is less than400,000.

(Added to NRS by 2001, 3224)

NRS 704B.070 Electricutility that primarily serves less densely populated counties defined. Electric utility that primarily serves less densely populatedcounties means an electric utility that, with regard to the provision ofelectric service, derives more of its annual gross operating revenue in thisstate from customers located in counties whose population is less than 400,000than it does from customers located in counties whose population is 400,000 ormore.

(Added to NRS 2001, 3224)

NRS 704B.080 Eligiblecustomer defined. Eligible customer meansan end-use customer which is:

1. A nongovernmental commercial or industrial end-usecustomer that has an average annual load of 1 megawatt or more in the serviceterritory of an electric utility.

2. A governmental entity, including, withoutlimitation, a governmental entity providing educational or health careservices, that:

(a) Performs its functions using one or more facilitieswhich are operated under a common budget and common control; and

(b) Has an average annual load of 1 megawatt or more inthe service territory of an electric utility.

(Added to NRS by 2001, 3224)

NRS 704B.090 Energydefined. Energy means electrical energy.

(Added to NRS by 2001, 3224)

NRS 704B.100 Generationasset defined. Generation asset means anyplant, facility, equipment or system which is located within or outside thisstate and which converts nonelectrical energy into electrical energy orotherwise produces electrical energy.

(Added to NRS by NRS 2001, 3224)

NRS 704B.110 Newelectric resource defined. New electricresource means:

1. The energy, capacity or ancillary services and anyincreased or additional energy, capacity or ancillary services which are:

(a) Made available from a generation asset that is notowned by an electric utility or is not subject to contractual commitments to anelectric utility that make the energy, capacity or ancillary services from thegeneration asset unavailable for purchase by an eligible customer; and

(b) Able to be delivered to an eligible customer.

2. Any increased energy, capacity or ancillaryservices made available from a generation asset pursuant to an agreementdescribed in NRS 704B.260.

(Added to NRS by 2001, 3224)

NRS 704B.120 Persondefined. Person means:

1. A natural person.

2. Any form of business or social organization and anyother nongovernmental legal entity, including, without limitation, acorporation, partnership, association, trust or unincorporated organization.

3. A governmental entity other than:

(a) This state or an agency or instrumentality of thisstate; or

(b) A political subdivision of this state or an agencyor instrumentality of a political subdivision of this state.

(Added to NRS by 2001, 3224)

NRS 704B.130 Providerof new electric resources and provider defined. Providerof new electric resources and provider mean a person who makes energy,capacity or ancillary services from a new electric resource available to aneligible customer.

(Added to NRS by 2001, 3224)

NRS 704B.140 Time-of-usemeter defined. Time-of-use meter means ameter that:

1. Measures and records the electric demand, energyand power factor on 15-minute intervals; and

2. Is suitable for use with an electric demand of 1megawatt or more.

(Added to NRS by 2001, 3225)

APPLICABILITY

NRS 704B.170 Effectof chapter on certain existing contracts; duties of electric utilities andassignees concerning certain existing contracts.

1. The provisions of this chapter do not alter,diminish or otherwise affect any rights or obligations arising under anycontract which requires an electric utility to purchase energy, capacity orancillary services from another party and which exists on July 17, 2001.

2. Each electric utility or its assignee shall complywith the terms of any contract which requires the electric utility or itsassignee to purchase energy, capacity or ancillary services from another partyand which exists on July 17, 2001.

(Added to NRS by 2001, 3225)

GENERAL POWERS AND DUTIES OF COMMISSION

NRS 704B.200 Regulations. The Commission shall adopt regulations to carry out andenforce the provisions of this chapter.

(Added to NRS by 2001, 3230)

NRS 704B.210 Submissionof report to Legislative Commission. Not laterthan 30 days after the end of each calendar quarter, the Commission shallsubmit to the Legislative Commission a written report which summarizes for thatcalendar quarter:

1. Each application which was filed with the Commissionpursuant to the provisions of this chapter and which requested approval of aproposed transaction between an eligible customer and a provider of newelectric resources;

2. The information that the eligible customer includedwith the application;

3. The findings of the Commission concerning theeffect of the proposed transaction on the public interest; and

4. Whether the Commission approved the applicationand, if so, the effective date of the proposed transaction, the terms andconditions of the proposed transaction, and the terms, conditions and paymentsordered by the Commission.

(Added to NRS by 2001, 3230)

DEVELOPMENT OF NEW ELECTRIC RESOURCES

1. Except as otherwise provided in this section, anelectric utility may, at its discretion, enter into agreements relating to itsgeneration assets and the energy, capacity or ancillary services provided byits generation assets with one or more other persons who are not electricutilities. Such agreements, without limitation:

(a) May include agreements to construct or install anew generation asset on real property that is adjacent to an existinggeneration asset owned by the electric utility; and

(b) May provide for the sharing of available commonfacilities with the existing generation asset or the reengineering, repoweringor expansion of the existing generation asset to generate energy moreefficiently and at a lower cost and to make more energy available to customersin this state.

2. Any increased energy, capacity or ancillaryservices made available from a new generation asset or an existing generationasset pursuant to an agreement described in subsection 1 shall be deemed to bea new electric resource that may be:

(a) Owned by the parties to the agreement who are notelectric utilities; and

(b) Used or consumed by such parties for their ownpurposes, sold at wholesale by such parties or sold by such parties to one ormore eligible customers pursuant to the provisions of this chapter.

3. A transaction undertaken pursuant to an agreementdescribed in subsection 1:

(a) Must not impair system reliability or the abilityof the electric utility to provide electric service to its customers; and

(b) Must not violate the provisions of NRS 704.7561 to 704.7595, inclusive.

4. The provisions of this section do not exempt anyparty to an agreement described in subsection 1 from any applicable statutoryor regulatory requirements relating to siting, construction and operation of ageneration asset.

5. The Commission shall encourage the development ofnew electric resources and shall not exercise its regulatory authority in amanner that unnecessarily or unreasonably restricts, conditions or discouragesany agreement described in subsection 1 that is likely to result in increasedenergy, capacity or ancillary services from a generation asset or improved ormore efficient operation or management of a generation asset.

(Added to NRS by 2001, 3225)

TRANSACTIONS WITH ELIGIBLE CUSTOMERS

NRS 704B.300 Authorityof provider to sell energy, capacity or ancillary services; limitations;provider is not public utility because of transaction; jurisdiction ofCommission; prohibition.

1. Except as otherwise provided in this section, aprovider of new electric resources may sell energy, capacity or ancillaryservices to one or more eligible customers if:

(a) The eligible customers have been approved topurchase energy, capacity and ancillary services from the provider pursuant tothe provisions of NRS 704B.310 and 704B.320; or

(b) The transaction complies with the provisions of NRS 704B.325.

2. A provider of new electric resources shall not sellenergy, capacity or ancillary services to an eligible customer if thetransaction violates the provisions of this chapter.

3. A provider of new electric resources that sellsenergy, capacity or ancillary services to an eligible customer pursuant to theprovisions of this chapter:

(a) Does not become and shall not be deemed to be apublic utility solely because of that transaction; and

(b) Does not become and shall not be deemed to besubject to the jurisdiction of the Commission except as otherwise provided inthis chapter or by specific statute.

4. If a provider of new electric resources is not apublic utility in this state and is not otherwise authorized by the provisionsof a specific statute to sell energy, capacity or ancillary services at retailin this state, the provider shall not sell energy, capacity or ancillaryservices at retail in this state to a person or entity that is not an eligiblecustomer.

(Added to NRS by 2001, 3226; A 2003, 1260)

1. An eligible customer that is purchasing bundledelectric service for all or any part of its load from an electric utility shallnot purchase energy, capacity or ancillary services from a provider of newelectric resources unless:

(a) The eligible customer files an application with theCommission not later than 180 days before the date on which the eligiblecustomer intends to begin purchasing energy, capacity or ancillary servicesfrom the provider, except that the Commission may allow the eligible customerto file the application within any shorter period that the Commission deemsappropriate; and

(b) The Commission approves the application by awritten order issued in accordance with the provisions of this section and NRS 704B.320.

2. Except as otherwise provided in subsection 3, eachapplication filed pursuant to this section must include:

(a) Information demonstrating that the person filingthe application is an eligible customer;

(b) Information demonstrating that the proposedprovider will provide energy, capacity or ancillary services from a newelectric resource;

(c) Information concerning the terms and conditions ofthe proposed transaction that is necessary for the Commission to evaluate theimpact of the proposed transaction on customers and the public interest,including, without limitation, information concerning the duration of theproposed transaction and the amount of energy, capacity or ancillary servicesto be purchased from the provider; and

(d) Any other information required pursuant to theregulations adopted by the Commission.

3. Except as otherwise provided in NRS 704B.320, the Commission shall notrequire the eligible customer or provider to disclose:

(a) The price that is being paid by the eligiblecustomer to purchase energy, capacity or ancillary services from the provider;or

(b) Any other terms or conditions of the proposedtransaction that the Commission determines are commercially sensitive.

4. The Commission shall provide public notice of theapplication of the eligible customer and an opportunity for a hearing on theapplication in a manner that is consistent with the provisions of NRS 703.320 and the regulations adopted bythe Commission.

5. The Commission shall approve the application of theeligible customer unless the Commission finds that the proposed transaction:

(a) Will be contrary to the public interest; or

(b) Does not comply with the provisions of NRS 704B.320, if those provisions applyto the proposed transaction.

6. In determining whether the proposed transactionwill be contrary to the public interest, the Commission shall consider, withoutlimitation:

(a) Whether the electric utility that has beenproviding electric service to the eligible customer will be burdened byincreased costs as a result of the proposed transaction or whether anyremaining customer of the electric utility will pay increased costs forelectric service as a result of the proposed transaction;

(b) Whether the proposed transaction will impair systemreliability or the ability of the electric utility to provide electric serviceto its remaining customers; and

7. If the Commission approves the application of theeligible customer:

(a) The eligible customer shall not begin purchasingenergy, capacity or ancillary services from the provider pursuant to theproposed transaction sooner than 180 days after the date on which theapplication was filed, unless the Commission allows the eligible customer tobegin purchasing energy, capacity or ancillary services from the provider at anearlier date; and

(b) The Commission shall order such terms, conditionsand payments as the Commission deems necessary and appropriate to ensure thatthe proposed transaction will not be contrary to the public interest. Suchterms, conditions and payments:

(1) Must be fair and nondiscriminatory asbetween the eligible customer and the remaining customers of the electricutility; and

(2) Must include, without limitation:

(I) Payment by the eligible customer tothe electric utility of the eligible customers load-share portion of anyunrecovered balance in the deferred accounts of the electric utility; and

(II) Payment by the eligible customer ofthe annual assessment and any other tax, fee or assessment required by NRS 704B.360.

8. If the Commission does not enter a final order onthe application of the eligible customer within 150 days after the date onwhich the application was filed with the Commission:

(a) The application shall be deemed to be approved bythe Commission; and

(b) The eligible customer may begin purchasing energy,capacity or ancillary services from the provider pursuant to the proposedtransaction.

(Added to NRS by 2001, 3226; A 2003, 1261, 3031)

1. For eligible customers whose loads are in theservice territory of an electric utility that primarily serves denselypopulated counties, the aggregate amount of energy that all such eligiblecustomers purchase from providers of new electric resources before July 1,2003, must not exceed 50 percent of the difference between the existing supplyof energy generated in this State that is available to the electric utility andthe existing demand for energy in this State that is consumed by the customersof the electric utility, as determined by the Commission.

2. An eligible customer that is a nongovernmentalcommercial or industrial end-use customer whose load is in the serviceterritory of an electric utility that primarily serves densely populatedcounties shall not purchase energy, capacity or ancillary services from aprovider of new electric resources unless, as part of the proposed transaction,the eligible customer agrees to:

(a) Contract with the provider to purchase:

(1) An additional amount of energy which isequal to 10 percent of the total amount of energy that the eligible customer ispurchasing for its own use under the proposed transaction and which ispurchased at the same price, terms and conditions as the energy purchased bythe eligible customer for its own use; and

(2) The capacity and ancillary servicesassociated with the additional amount of energy at the same price, terms andconditions as the capacity and ancillary services purchased by the eligiblecustomer for its own use; and

(b) Offers to assign the rights to the contract to theelectric utility for use by the remaining customers of the electric utility.

3. If an eligible customer is subject to theprovisions of subsection 2, the eligible customer shall include with itsapplication filed pursuant to NRS 704B.310all information concerning the contract offered to the electric utility that isnecessary for the Commission to determine whether it is in the best interest ofthe remaining customers of the electric utility for the electric utility toaccept the rights to the contract. Such information must include, withoutlimitation, the amount of the energy and capacity to be purchased under thecontract, the price of the energy, capacity and ancillary services and theduration of the contract.

4. Notwithstanding any specific statute to thecontrary, information concerning the price of the energy, capacity andancillary services and any other terms or conditions of the contract that theCommission determines are commercially sensitive:

(a) Must not be disclosed by the Commission except tothe Regulatory Operations Staff of the Commission, the Consumers Advocate andhis staff and the electric utility for the purposes of carrying out theprovisions of this section; and

(b) Shall be deemed to be confidential for all otherpurposes, and the Commission shall take such actions as are necessary toprotect the confidentiality of such information.

5. If the Commission determines that the contract:

(a) Is not in the best interest of the remainingcustomers of the electric utility, the electric utility shall not accept therights to the contract, and the eligible customer is entitled to all rights tothe contract.

(b) Is in the best interest of the remaining customersof the electric utility, the electric utility shall accept the rights to thecontract and the eligible customer shall assign all rights to the contract tothe electric utility. A contract that is assigned to the electric utilitypursuant to this paragraph shall be deemed to be an approved part of theresource plan of the electric utility and a prudent investment, and theelectric utility may recover all costs for the energy, capacity and ancillaryservices acquired pursuant to the contract. To the extent practicable, theCommission shall take actions to ensure that the electric utility uses theenergy, capacity and ancillary services acquired pursuant to each such contractonly for the benefit of the remaining customers of the electric utility thatare not eligible customers, with a preference for the remaining customers ofthe electric utility that are residential customers with small loads.

6. The provisions of this section do not exemptthe electric utility, in whole or in part, from the requirements imposed on theelectric utility pursuant to NRS 704.7801to 704.7828, inclusive, to comply withits portfolio standard. The Commission shall not take any actions pursuant tothis section that conflict with or diminish those requirements.

(Added to NRS by 2001, 3228; A 2003, 1263, 1877; 2005, 22nd SpecialSession, 86)

1. An eligible customer that is purchasing energy,capacity or ancillary services from a provider of new electric resources maypurchase energy, capacity or ancillary services from an alternative providerwithout obtaining the approval of the Commission if the terms and conditions ofthe transaction with the alternative provider, other than the price of theenergy, capacity or ancillary services, conform to the terms and conditions ofthe transaction that was originally approved by the Commission with respect tothe eligible customer.

2. If any terms and conditions of the transaction withthe alternative provider, other than the price of the energy, capacity orancillary services, do not conform to the terms and conditions of thetransaction that was originally approved by the Commission with respect to theeligible customer, the eligible customer must obtain approval from theCommission before those nonconforming terms and conditions are enforceable.

3. If the eligible customer files a request with theCommission for approval of any nonconforming terms and conditions, theCommission shall review and make a determination concerning the request on anexpedited basis.

4. Notwithstanding any specific statute to thecontrary, information concerning any terms and conditions of the transactionwith the alternative provider that the Commission determines are commerciallysensitive:

(a) Must not be disclosed by the Commission except tothe Regulatory Operations Staff of the Commission, the Consumers Advocate andhis staff and the affected electric utility for the purposes of carrying outthe provisions of this section; and

(b) Shall be deemed to be confidential for all otherpurposes, and the Commission shall take such actions as are necessary toprotect the confidentiality of such information.

(Added to NRS by 2003, 1260)

NRS 704B.330 Replacementof energy, capacity or ancillary services purchased from provider with energy,capacity or ancillary services purchased from electric utility; tariffs.

1. If an eligible customer is purchasing energy,capacity or ancillary services from a provider of new electric resources, theeligible customer may, pursuant to tariffs approved by the Commission, replacesome or all, but not less than all at a single time-of-use meter, of theenergy, capacity or ancillary services purchased from the provider of newelectric resources with energy, capacity or ancillary services purchased froman electric utility.

2. The tariffs approved by the Commission pursuant tothis section must include, without limitation:

(a) Provisions requiring the eligible customer to payany incremental costs that are incurred by the electric utility to provideenergy to the eligible customer;

(b) Provisions requiring the eligible customer toprovide reasonable and adequate notice to the electric utility;

(c) Provisions establishing minimum terms during whichthe eligible customer must continue to purchase energy from the electricutility; and

(d) Any other provisions that the Commission determinesare necessary and reasonable to carry out and enforce the provisions of thissection.

(Added to NRS by 2001, 3229)

NRS 704B.340 Time-of-usemeters: Requirements; installation; costs; limitations; number; use of othermeters or equipment.

1. A provider of new electric resources shall not sellenergy, capacity or ancillary services to an eligible customer unless thecustomer has a time-of-use meter installed at the point of delivery of energyto the eligible customer.

2. An electric utility shall install a time-of-usemeter at each point of delivery of energy to the eligible customer if theeligible customer does not have a time-of-use meter at that point of delivery.If the eligible customer is:

(a) A nongovernmental commercial or industrial end-usecustomer, the eligible customer or the provider shall pay all costs for thetime-of-use meter and for installation of the time-of-use meter by the electricutility.

(b) A governmental entity, the provider shall pay allcosts for the time-of-use meter and for installation of the time-of-use meterby the electric utility.

3. Not more than one person or entity may sell theenergy that is delivered to an eligible customer through any one time-of-usemeter.

4. The provisions of this section do not prohibit:

(a) An eligible customer from having more than onetime-of-use meter installed for the same service location; or

(b) An eligible customer from installing any othermeter or equipment that is necessary or appropriate to the transaction with theprovider, if such a meter or equipment is otherwise consistent with systemreliability.

(Added to NRS by 2001, 3229)

1. An electric utility shall provide all transmission,distribution, metering and other components of electric service that arenecessary for a provider of new electric resources to sell energy, capacity andancillary services to an eligible customer pursuant to the provisions of thischapter. An electric utility shall provide each such component of electricservice pursuant to the tariffs and service agreements filed with and approvedby the appropriate regulatory authorities having jurisdiction over each suchcomponent of electric service.

2. For each such component of electric service that iswithin the jurisdiction of the Commission, the Commission shall establish just,reasonable and nondiscriminatory rates.

3. The provisions of this chapter do not enlarge orexpand any existing rights under federal law or create any other rights withregard to the transmission system of the electric utility.

4. When providing service pursuant to this chapter, anelectric utility is subject to all applicable statutes and regulations of thisState and the United States.

(Added to NRS by 2001, 3230)

NRS 704B.360 Paymentof taxes, fees and assessments by eligible customers; billing requirements;disciplinary action for failure to comply.

1. If the Commission approves an application that isfiled pursuant to NRS 704B.310 or arequest that is filed pursuant to NRS704B.325, the Commission shall order the eligible customer to:

(a) Pay its share of the annual assessment leviedpursuant to NRS 704.033 to theCommission and the Bureau of Consumer Protection in the Office of the AttorneyGeneral;

(b) Pay any other tax, fee or assessment that would bedue a governmental entity had the eligible customer continued to purchaseenergy, capacity or ancillary services from the electric utility; and

2. Each person or entity that is responsible forbilling an eligible customer shall ensure that the amount which the eligiblecustomer must pay pursuant to paragraph (b) of subsection 1 is set forth as aseparate item or entry on each bill submitted to the eligible customer.

3. If an eligible customer to whom an order is issuedpursuant to subsection 1 thereafter purchases energy, capacity or ancillaryservices from an alternative provider pursuant to NRS 704B.325 without obtaining theapproval of the Commission, the order issued pursuant to subsection 1 continuesto apply to the eligible customer.

4. Upon petition by a governmental entity to which atax, fee or assessment must be remitted pursuant to this section, theCommission may limit, suspend or revoke any order issued to an eligiblecustomer by the Commission pursuant to NRS704B.310 and 704B.320 if theCommission, after providing an appropriate notice and hearing, determines thatthe eligible customer has failed to pay the tax, fee or assessment.

(Added to NRS by 2003, 3031)

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