Section 704.751 - Order accepting or modifying plan or amendment to plan or specifying inadequacies; notice of utility to consent to or reject modifications; recovery of costs from customers; criteria for accepting energy efficiency plan, distributed resources plan and transmission infrastructure for a clean energy economy plan1. After a utility has filed the plan required pursuant to NRS 704.741, the Commission shall issue an order accepting or modifying the plan or specifying any portions of the plan it deems to be inadequate:(a) Within 135 days for any portion of the plan relating to the energy supply plan for the utility for the 3 years covered by the plan; and(b) Within 210 days for all portions of the plan not described in paragraph (a). If the Commission issues an order modifying the plan, the utility or utilities may consent to or reject some or all of the modifications by filing with the Commission a notice to that effect. Any such notice must be filed not later than 30 days after the date of issuance of the order. If such a notice is filed, any petition for reconsideration or rehearing of the order must be filed with the Commission not later than 10 business days after the date the notice is filed.
2. If a utility files an amendment to a plan, the Commission shall issue an order accepting or modifying the amendment or specifying any portions of the amendment it deems to be inadequate: (a) Within 165 days after the filing of the amendment; or(b) Within 180 days after the filing of the amendment for all portions of the amendment which contain an element of the emissions reduction and capacity replacement plan. If the Commission issues an order modifying the amendment, the utility or utilities may consent to or reject some or all of the modifications by filing with the Commission a notice to that effect. Any such notice must be filed not later than 30 days after the date of issuance of the order. If such a notice is filed, any petition for reconsideration or rehearing of the order must be filed with the Commission not later than 10 business days after the date the notice is filed.
3. Any order issued by the Commission accepting or modifying a plan required pursuant to NRS 704.741 or an amendment to such a plan must include the justification of the Commission for the preferences given pursuant to subsection 5 of NRS 704.746 to the measures and sources of supply set forth in paragraph (c) of subsection 4 of NRS 704.746.4. All prudent and reasonable expenditures made to develop the utility's or utilities' plan, including environmental, engineering and other studies, must be recovered from the rates charged to the utility's or utilities' customers.5. The Commission may accept an energy efficiency plan containing an energy efficiency program submitted pursuant to paragraph (a) of subsection 3 of NRS 704.741 and energy efficiency and conservation programs submitted pursuant to paragraph (b) of subsection 3 of NRS 704.741 that are not cost effective if the energy efficiency plan as a whole is cost effective. Any order issued by the Commission accepting or modifying an energy efficiency plan or an amendment to such a plan must, if the energy efficiency plan remains cost effective, require that not less than 10 percent of the total expenditures of the utility or utilities on approved energy efficiency and conservation programs in the energy efficiency plan must be specifically directed to energy efficiency measures for customers of the utility or utilities 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.6. The Commission may accept a distributed resources plan submitted pursuant to subsection 5 of NRS 704.741 if the Commission determines that the plan includes each element required by that subsection.7. Any order issued by the Commission accepting or modifying an element of an emissions reduction and capacity replacement plan must include provisions authorizing the electric utility or utilities to construct or acquire and own electric generating plants necessary to meet the capacity amounts approved in, and carry out the provisions of, the plan. As used in this subsection, "capacity" means an amount of firm electric generating capacity used by the electric utility or utilities for the purpose of preparing a plan filed with the Commission pursuant to NRS 704.736 to 704.754, inclusive.8. The Commission shall accept a transmission infrastructure for a clean energy economy plan that conforms to the requirements of subsections 1 and 2 of NRS 704.79877 and includes the evaluations required by subsection 4 of NRS 704.79877.9. As used in this section: (a) "Historically underserved community" has the meaning ascribed to it in NRS 704.78343.(b) "Low-income household" has the meaning ascribed to it in NRS 704.78347.Added to NRS by 1983, 887; A 1989, 1014; 2007, 1774; 2009, 994; 2013, 3085; 2015, 1095; 2017, 939, 2473, 4289; 2021, 3798; 2023, 3044Amended by 2023, Ch. 495,§7, eff. 10/1/2023.Amended by 2021, Ch. 552,§41, eff. 6/10/2021.Amended by 2017, Ch. 590,§2, eff. 7/1/2017.Amended by 2017, Ch. 383,§6.5, eff. 6/5/2017.Amended by 2017, Ch. 175,§8, eff. 5/26/2017, op. 7/1/2017.Amended by 2015, Ch. 230,§3, eff. 5/27/2015.Amended by 2013, Ch. 490,§17, eff. 6/11/2013.Added to NRS by 1983, 887; A 1989, 1014; 2007, 1774; 2009, 994