Section 538.455 - Procedures for reallocation of power: Notice requirements; application and review; hearing; Commission decision1. The Commission will allocate or reallocate power that becomes available for allocation or reallocation in accordance with the provisions of this section and to achieve the greatest possible benefit to this State.2. As soon as practicable after power becomes available for allocation or reallocation by the Commission, the Commission's staff shall prepare a draft notice for the approval of the Commission which informs the public that applications will be accepted for the allocation or reallocation of power. The draft notice must: (a) Describe the power to be allocated or reallocated;(b) Set forth the proposed criteria to be used by the Commission for the allocation or reallocation of the power;(c) Include a proposed form for applying for an allocation or reallocation of the power;(d) Set forth the date on which the Commission's staff will begin taking applications; and(e) Set forth the date by which an application must be submitted.3. Before presenting the draft notice to the Commission for approval, the Commission's staff shall conduct a public meeting to review the draft notice and solicit comments from the public. To conduct the public meeting, the Commission's staff shall provide public notice of the meeting at least 15 days before the meeting by: (a) Posting a copy of the draft notice of the meeting:(1) At the principal office of the Commission;(2) On the Internet website of the State; and(3) On the Internet website of the Commission; and(b) Providing a copy of the draft notice of the meeting to any person who has requested notice of the meetings of the Commission and all potential applicants identified by the Commission's staff. The notice must be delivered by regular mail or, if feasible for the Commission, transmitted by electronic mail.4. Comments on the draft notice prepared pursuant to subsection 2 must be received not later than 10 days after the public meeting held pursuant to subsection 3. The Commission's staff shall review the comments received at the meeting and any comments submitted in writing and may revise the draft notice in response to the comments.5. After the Commission's staff has complied with the requirements of subsections 3 and 4, the draft notice must be placed on the agenda of the Commission for the review of the Commission. The Commission may revise, approve or reject the draft notice, in whole or in part. If the Commission approves the draft notice, the Commission's staff shall post that approved notice in accordance with the requirements of paragraphs (a) and (b) of subsection 3.6. Any entity that wishes to apply for an allocation or reallocation of power from the Commission pursuant to this section must submit an application to the Commission's staff by the date set forth in the draft notice pursuant to subsection 2. The application must:(a) Be on the form approved by the Commission.(b) Set forth the applicant's full name and mailing address and any required facts and exhibits.(c) Be signed by the applicant.7. The Commission's staff shall review any application submitted pursuant to subsection 6 and prepare a draft order which must:(a) Address each application submitted; and(b) Include recommendations for the Commission's allocation or reallocation of the power.8. The Commission's staff shall provide a copy of the draft order prepared pursuant to subsection 7 to each applicant. An applicant must file any comments on the draft order with the Commission within 20 days after the date the Commission's staff sends, by regular mail, electronic mail or hand delivery, the draft order to the applicant. The Commission's staff may revise the draft order in response to any comments received from an applicant.9. The Commission will conduct a hearing and issue a decision on the draft order prepared by the Commission's staff pursuant to subsection 7. The Commission may revise, approve or reject, in whole or in part, the draft order. The Commission's staff shall prepare a notice of the hearing on the draft order, which must include, without limitation, a copy of the draft order prepared by the Commission's staff pursuant to subsection 7 and, if applicable, revised by the Commission's staff pursuant to subsection 8. The notice of the hearing must be posted at least 20 days before the date set for the hearing and in accordance with the requirements of paragraphs (a) and (b) of subsection 3.10. After the issuance of the Commission's decision on the draft order, the Commission's staff must advertise the notice required by subsection 4 of NRS 538.181. If the Commission receives an objection to its decision on an application addressed in the draft order or to the notice required by subsection 4 of NRS 538.181 within 10 days after the date of the last publication of the notice required by subsection 4 of NRS 538.181, the Commission will conduct a hearing on the objection not later than 30 days after the date of the last publication of the notice.11. If an applicant that has been offered an allocation or reallocation of power from the Commission pursuant to this section fails to enter into a contract with the Commission within 90 days after being offered the allocation or reallocation of power, the Commission may reallocate the amount of power offered to that applicant to: (a) Other existing applicants; or(b) New applicants in accordance with the requirements of this section.12. Except for a hearing conducted pursuant to subsection 10, the proceedings described in this section are not a contested case as defined in NRS 233B.032.Nev. Admin. Code § 538.455
Added to NAC by Colorado River Comm'n, by R148-13, eff. 6/23/2014; A by R033-18AP, eff. 6/26/2018