Nevada Administrative Code

NAC 538.290 Hearings: Decision by Commission. (NRS 538.201, 538.221) 1. The Commission’s order or decision will be rendered within 180 days after the completion of its hearing. 2. A proceeding stands submitted for decision by the Commission after the taking of evidence, the filin…

NAC 538.300 Hearings: Rehearings. (NRS 538.201, 538.221) 1. Within 20 days after the Commission renders a decision or order following a hearing, the aggrieved party may apply for a rehearing, setting forth the grounds for the petition. 2. The Commission will act upon such a petit…

NAC 538.310 Hearings: Records. (NRS 538.201, 538.221) Any person desiring a copy of the record of a contested case before the Commission may obtain a copy from the office of the Commission upon payment of the cost of the copy. [Colorado River Comm’n, Practice Rule 7 § 7.10, eff. …

NAC 538.320 Petitions for declaratory orders and advisory opinions. (NRS 538.201) 1. Any member of the public may petition the Commission for a declaratory order or an advisory opinion on the applicability of any statutory provision or regulation within the jurisdiction of the Co…

NAC 538.330 Petition for adoption, filing, amendment or repeal of regulation. (NRS 538.181, 538.201) 1. A petition for the adoption, filing, amendment or repeal of a regulation of the Commission must be in writing and be delivered to the offices of the Commission. 2. A petition f…

NAC 538.340 Definitions. (NRS 538.181, 538.201) As used in NAC 538.340 to 538.746, inclusive, unless the context otherwise requires, the words and terms defined in NAC 538.350 to 538.390, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Colorado R…

NAC 538.350 “Contractor” defined. (NRS 538.201) “Contractor” means any entity that contracts with the Commission to purchase power. (Added to NAC by Colorado River Comm’n, eff. 9-13-85; A 12-17-87; R123-00, 2-15-2001; R112-02, 9-20-2002)

NAC 538.358 “Operating year” defined. (NRS 538.201) “Operating year” means a 12-month period that coincides with the 12-month period designated by federal law as a fiscal year. Until changed by federal law, the term means the period that commences October 1 of each year, immediat…

NAC 538.360 “Power” defined. (NRS 538.201) “Power” includes both capacity and energy. (Added to NAC by Colorado River Comm’n, eff. 9-13-85)

NAC 538.370 “Program for increasing capacity” defined. (NRS 538.201) “Program for increasing capacity” means the program for increasing the capacity of existing generating equipment and appurtenances at the Hoover power plant authorized by 43 U.S.C. § 619. This is equivalent to t…

NAC 538.375 “Schedule A” defined. (NRS 538.181, 538.201) “Schedule A” means the schedule appearing at 43 U.S.C. § 619a(a)(1)(A) which specifies the amount of: 1. Contingent capacity of the Hoover power plant; and 2. Associated firm energy, Ê allocated in that schedule. (Added to …

NAC 538.380 “Schedule B” defined. (NRS 538.201) “Schedule B” means the schedule appearing at 43 U.S.C. § 619a (a)(l)(B) which specifies the amount of: 1. Contingent capacity of the Hoover power plant resulting from the program for increasing capacity; and 2. Associated firm energ…

NAC 538.385 “Schedule C” defined. (NRS 538.181, 538.201) “Schedule C” means the schedule appearing at 43 U.S.C. § 619a(a)(1)(C) which specifies the priority of entitlement of the states of Arizona, California and Nevada to excess energy generated at the Hoover power plant. (Added…

NAC 538.390 “Western” defined. (NRS 538.201) “Western” means the Western Area Power Administration of the United States Department of Energy. (Added to NAC by Colorado River Comm’n, eff. 9-13-85)

NAC 538.395 Applicability. (NRS 538.181, 538.201) 1. The provisions of NAC 538.340 to 538.670, inclusive, apply to power allocated or reallocated by the Commission from the Boulder Canyon Project, Parker-Davis Project or Salt Lake City Area Integrated Projects. 2. The provisions …

NAC 538.400 Marketing area for resources. (NRS 538.181, 538.201) The Commission’s marketing area for the resources of the Boulder Canyon Project, Parker-Davis Project and Southern District of the Salt Lake City Area Integrated Projects is the same as Western’s marketing area in t…

NAC 538.410 Requirements of applicant seeking to contract with Commission for delivery of Schedule A, B or C power from Boulder Canyon Project and for delivery of power from Parker-Davis Project and Salt Lake City Area Integrated Projects. (NRS 538.181, 538.201) An applicant seek…

NAC 538.420 Seasons to be defined by Western. (NRS 538.181, 538.201) Power from the Boulder Canyon Project, the Parker-Davis Project and the Salt Lake City Area Integrated Projects will be marketed by the Commission during the seasons as defined by Western. (Added to NAC by Color…

NAC 538.430 Transmission of power for delivery beyond designated points of delivery. (NRS 538.181, 538.201) The transmission of power, including costs and losses, for delivery of power beyond the Commission’s designated points of delivery are the responsibility of the contractor.…

NAC 538.440 Reallocation of power if contractor loses or surrenders entitlement to power. (NRS 538.181, 538.201) If a contractor loses or surrenders its entitlement to power allocated to it by the Commission pursuant to NAC 538.340 to 538.670, inclusive, the Commission will reall…

NAC 538.455 Procedures for allocation or reallocation of power: Notice requirements; public meeting; application and review; hearing; Commission decision. (NRS 538.181, 538.201) 1. The Commission will allocate or reallocate power that becomes available for allocation or reallocat…

NAC 538.460 Minimum reserves of contractor; exception. (NRS 538.181, 538.201) Each contractor must meet the minimum recommendation for reserves set by the Western Electricity Coordinating Council unless the contractor receives power from the Commission over the facilities of a ut…

NAC 538.470 Capacity offered at varying load factors; identification. (NRS 538.181, 538.201) Capacity from the Boulder Canyon Project, Parker-Davis Project and Salt Lake City Area Integrated Projects will be: 1. Offered by the Commission at varying load factors; and 2. Identified…

NAC 538.480 Offer of certain energy when available to certain entities; observance of restrictions. (NRS 538.181, 538.201) All energy from the Boulder Canyon Project designated in Schedule C at 43 U.S.C. § 619a(a)(1)(C) and any additional power from the Parker-Davis Project or Sa…

NAC 538.495 New contracts. (NRS 538.181, 538.201) Before the expiration of a contract for the delivery of long-term power from the Boulder Canyon Project designated in Schedule A or Schedule B pursuant to subsection 1 of NAC 538.500, the Commission will offer the contractor a new…

NAC 538.500 Terms of contracts; expiration. (NRS 538.181, 538.201) 1. Except as otherwise provided in this subsection, contracts for the delivery of long-term power from the Boulder Canyon Project allocated under NAC 538.340 to 538.670, inclusive, for the period ending on Septemb…

NAC 538.505 Provisions required to be included in contract for delivery of Schedule A, B or D power from Boulder Canyon Project on or after October 1, 2017. (NRS 538.181, 538.201) 1. A contract for the delivery of power from the Boulder Canyon Project designated in Schedule A or …

NAC 538.510 Transfer of excess power; observance of restrictions; proceeds credited to contractor; obligation not relieved. (NRS 538.181, 538.201) If a contractor cannot use a portion of the power allocated to it by the Commission in any month, the Commission will, in cooperation…

NAC 538.520 Firming energy. (NRS 538.181, 538.201) If the actual generation at the Hoover power plant in any year is less than that needed to fulfill the contractual entitlement of any contractor, the Commission will, at the request of the contractor, purchase energy to meet the …

NAC 538.530 Establishment and maintenance of program for integrated resource planning or similar program. (NRS 538.181, 538.201) 1. Except as otherwise provided in subsection 3, each contractor shall, within 1 year after entering into a contract with the Commission pursuant to NA…

NAC 538.540 Limitations on resale; certain electric utilities and Nevada Power Company to pass benefits through to certain customers. (NRS 538.181, 538.201) 1. A contractor that is not an electric utility and that purchases power provided by the Commission from the Boulder Canyon…

NAC 538.550 Assignment or other transfer of rights. (NRS 538.181, 538.201) No contractor may assign or otherwise transfer its rights under its contract with the Commission without the prior written approval of the Commission. Before approval will be granted by the Commission, the…

NAC 538.560 Reduction of allocation of power to contractor. (NRS 538.181, 538.201) Except as otherwise provided in this section, if, for 3 consecutive operating years, a contractor does not use the full allocation of power made available to it by the Commission, the Commission, a…

NAC 538.570 Meters; disconnection of certain contractor’s power for failure to pay invoice. (NRS 538.181, 538.201) 1. A contractor that is not a utility and that purchases power provided by the Commission for its own use shall provide the Commission with meter data and other info…

NAC 538.590 Capacity and energy available each month; scheduling and accounting procedures; patterns of usage; allowance for certain reductions in capacity. (NRS 538.181, 538.201) 1. The capacity and energy available to the contractors for each month by the Commission will be sho…

NAC 538.610 Rates, charges and costs; requirement to notify Commission of certain decreases in load. (NRS 538.181, 538.191, 538.201) 1. The rates or charges payable by a contractor to the Commission for capacity or energy from the Boulder Canyon Project, Parker-Davis Project or S…

NAC 538.620 Scheduling, accounting and delivery of power procedures. (NRS 538.181, 538.201) 1. The Commission, in cooperation with the contractor, will establish scheduling, accounting and delivery procedures for the receipt of power from the Commission that meet the needs of the…

NAC 538.630 Maximum rate of delivery. (NRS 538.181, 538.201) 1. Each contractor will have a maximum rate of delivery for its point of receipt set out in an exhibit to its contract. If a contractor has more than one point of receipt, a maximum rate of delivery will be set out for …

NAC 538.640 Minimum rate of delivery. (NRS 538.181, 538.201) If the Commission requires, a contractor must schedule a minimum rate of delivery during off-peak hours of load, as defined in the contract. The percentage of energy to be taken by the contractors at the minimum schedul…

NAC 538.650 Points of delivery and voltages. (NRS 538.181, 538.201) 1. The points of delivery and voltages for Western’s defined marketing area for the Boulder Canyon Project, Parker-Davis Project and Salt Lake City Area Integrated Projects are: Location Kilovolts Boulder Canyon …

NAC 538.660 Losses. (NRS 538.181, 538.201) 1. Losses for the system will be determined for each contractor by the Commission and will be set out in exhibits to each contract or in a separate agreement. 2. Losses may be accounted for by determining the contractor’s load at its met…

NAC 538.670 Points of receipt; charge for transmission. (NRS 538.181, 538.201) 1. The contractor shall, in its application, designate the point or points of receipt required to service its load and any facilities for transmission from point of receipt to the point or points for m…

NAC 538.744 Requirements for collateral, payments to cash working capital fund or prepayment; determination of creditworthiness. (NRS 538.181, 538.201) 1. The Commission may require a contractor to pay collateral, make payments to a cash working capital fund or prepay for power p…

NAC 538.746 Nonperformance: Notice; suspension of allocation of power; temporary reallocation of power; reinstatement of allocation of power; termination of allocation and reallocation of power. (NRS 538.181, 538.201) 1. If a contractor fails or refuses to perform any of its obli…

NAC 538.750 Applicability of provisions to applications for federal contracts. (NRS 538.181, 538.201) The Commission will use the criteria set forth in NAC 538.755 to 538.795, inclusive, in its consideration of an application for a federal contract for the delivery of water of th…

NAC 538.755 Policy of Commission. (NRS 538.181, 538.201) It is the policy of the Commission to ensure the widest possible distribution of water so as to serve the greatest number of people. To further this policy, contracts for the water should be made only with public suppliers …

NAC 538.760 Quantifiable present and future demand for water required. (NRS 538.181, 538.201) There must be a quantifiable present and future demand for the water requested by the applicant. (Added to NAC by Colorado River Comm’n, eff. 8-12-91)