[Rev. 6/14/2016 2:27:47 PM]

[NAC-538 Revised Date: 6-16]

CHAPTER 538 - COLORADO RIVER COMMISSION OF NEVADA

GENERAL PROVISIONS

538.005              Definitions.

538.010              “Commission” defined.

538.025              “Schedule D” defined.

538.030              Construction.

538.040              Deviation from regulations.

538.050              Severability.

538.060              Office of Commission.

538.070              Communications.

PRACTICE AND PROCEDURE BEFORE COLORADO RIVER COMMISSION OF NEVADA

General

538.075              Scope; power of Executive Director.

538.080              Classification of parties.

538.090              Staff of Commission may be party to proceeding.

538.100              Appearances.

538.103              Service lists.

538.106              Receipt of documents by Commission.

538.110              Service of process on attorney.

538.120              Withdrawal of attorney.

538.130              Pleadings: Style; verification.

538.140              Pleadings: Construction.

538.150              Pleadings: Applications.

538.160              Pleadings: Amendments.

538.170              Pleadings: Petitions.

538.180              Complaints: General requirements.

538.190              Complaints: Answer.

538.195              Presiding officers: Appointment; draft orders; review of decisions.

538.200              Prehearing conference.

538.210              Hearings: Notice; location.

538.220              Hearings: Continuances.

538.230              Hearings: Failure of party to appear.

538.240              Hearings: Conduct.

538.250              Hearings: Presentation of evidence.

538.260              Hearings: Consolidation.

538.270              Hearings: Stipulations.

538.280              Hearings: Official notice.

538.290              Hearings: Decision by Commission.

538.300              Hearings: Rehearings.

538.310              Hearings: Records.

538.320              Petitions for declaratory orders and advisory opinions.

538.330              Petition for adoption, filing, amendment or repeal of regulation.

Allocation of Schedule D Power

538.333              Commission to develop criteria: Draft order; public meeting; comments; hearing; decision.

538.336              Application process: Public meeting to discuss process; review of applications; preparation of draft order; Commission hearing and decision; reallocation of power if entity fails to enter into contract with Commission.

MARKETING OF ELECTRIC POWER

General Provisions

538.340              Definitions.

538.350              “Contractor” defined.

538.358              “Operating year” defined.

538.360              “Power” defined.

538.370              “Program for increasing capacity” defined.

538.375              “Schedule A” defined.

538.380              “Schedule B” defined.

538.385              “Schedule C” defined.

538.390              “Western” defined.

538.395              Applicability.

538.397              Allocation of Schedule D power in accordance with chapter.

538.400              Marketing area for resources.

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.

538.413              Requirements of electric utility seeking to contract with Commission for delivery of Schedule D power from Boulder Canyon Project on or after October 1, 2017.

538.416              Requirements of applicant that is not electric utility seeking to contract with Commission for delivery of Schedule D power from Boulder Canyon Project on or after October 1, 2017.

538.420              Seasons to be defined by Western.

538.430              Transmission of power for delivery beyond designated points of delivery.

538.440              Reallocation of power if contractor loses or surrenders entitlement to power.

538.450              Reallocation of power if entity fails to enter into contract with Commission.

538.455              Procedures for reallocation of power: Notice requirements; application and review; hearing; Commission decision.

538.460              Minimum reserves of contractor; exception.

538.470              Capacity offered at varying load factors; identification.

538.480              Offer of certain energy when available to certain entities; observance of restrictions.

General Terms and Conditions

538.495              New contracts.

538.500              Terms of contracts; expiration.

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.

538.510              Transfer of excess power; observance of restrictions; proceeds credited to contractor; obligation not relieved.

538.520              Firming energy.

538.530              Establishment and maintenance of program for integrated resource planning or similar program.

538.540              Limitations on resale; certain electric utilities and Nevada Power Company to pass benefits through to certain customers.

538.550              Assignment or other transfer of rights.

538.560              Reduction of allocation of power to contractor.

538.570              Meters; disconnection of certain contractor’s power for failure to pay invoice.

538.590              Capacity and energy available each month; scheduling and accounting procedures; patterns of usage; allowance for certain reductions in capacity.

538.610              Rates, charges and costs; requirement to notify Commission of certain decreases in load.

538.620              Scheduling, accounting and delivery of power procedures.

538.630              Maximum rate of delivery.

538.640              Minimum rate of delivery.

538.650              Points of delivery and voltages.

538.660              Losses.

538.670              Points of receipt; charge for transmission.

Allocation of Marketable Long-Term Capacity and Energy

538.680              Division of resources into pools.

538.690              Pool 1: Applicable resource; allocation. [Effective through September 30, 2017.]

538.690              Pool 1: Applicable resource; allocation. [Effective October 1, 2017.]

538.700              Pool 2: Applicable resource; allocation.

538.730              Pool 3: Applicable resource; allocation.

538.740              Pool 3: Sharing increase or decrease in available power.

Contractors

538.744              Requirements for collateral, payments to cash working capital fund or prepayment; determination of creditworthiness.

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.

WATER OF THE COLORADO RIVER

Federal Contracts for Delivery of Water

538.750              Applicability of provisions to applications for federal contracts.

538.755              Policy of Commission.

538.760              Quantifiable present and future demand for water required.

538.765              Required and prohibited uses of water.

538.770              Access to adequate facility for transportation of water.

538.775              Program for conservation of water.

538.780              Factors Commission required to consider.

538.785              Factors Commission authorized to consider.

538.790              Rejection of application which conflicts with state or federal statute or contract.

538.795              Recommendations to Secretary of the Interior.

Original Appropriations of Water

538.800              Filing of applications regarding original appropriations.

538.805              Application for original appropriation: Contents.

538.810              Application to change place of diversion, manner of use or place of use: Contents.

538.815              Submission of additional information concerning application.

538.820              Availability, inspection and copying of applications, objections and comments.

538.825              Application, amendment or supplement filed before August 12, 1991.

538.830              Applicability of provisions to applications for extensions of certain contracts for delivery of water.

 

GENERAL PROVISIONS

     NAC 538.005  Definitions. (NRS 538.201)  As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 538.010 and 538.025 have the meanings ascribed to them in those sections.

     (Added to NAC by Colorado River Comm’n by R148-13, eff. 6-23-2014)

     NAC 538.010  “Commission” defined. (NRS 538.201)  “Commission” means the Colorado River Commission of Nevada.

     (Supplied in codification) — (NAC A by Colorado River Comm’n by R148-13, 6-23-2014)

     NAC 538.025  “Schedule D” defined. (NRS 538.181, 538.201)  “Schedule D” means the schedule appearing at 43 U.S.C. § 619a(a)(2)(A) which specifies the amount of:

     1.  Contingent capacity of the Hoover power plant; and

     2.  Associated firm energy,

Ê allocated in that schedule for allocation to new allottees.

     (Added to NAC by Colorado River Comm’n by R148-13, eff. 6-23-2014)

     NAC 538.030  Construction. (NRS 538.201)  The Commission intends that the provisions of this chapter be liberally construed to secure the just, speedy and economical determination of all issues presented to the Commission and to carry out the purposes of chapters 233B and 538 of NRS.

     [Colorado River Comm’n, Practice Rule 1 § 1.2, eff. 1-14-82]

     NAC 538.040  Deviation from regulations. (NRS 538.201)  In special cases, where good cause appears, the Commission will permit deviation from the provisions of this chapter if it finds compliance to be impracticable or unnecessary.

     [Colorado River Comm’n, Practice Rule 1 § 1.3, eff. 1-14-82]

     NAC 538.050  Severability. (NRS 538.201)  If any provision of this chapter is held invalid, it is intended that such invalidity not affect the remaining provisions to the extent they can be given effect.

     [Colorado River Comm’n, Practice Rule 1 § 1.5, eff. 1-14-82]

     NAC 538.060  Office of Commission. (NRS 538.201)  The principal office of the Commission is located at 555 East Washington Avenue, Suite 3100, Las Vegas, Nevada. The office of the Commission will be open from 8 a.m. to 5 p.m. each day except on a Saturday, Sunday or legal holiday.

     [Colorado River Comm’n, Practice Rule 2 § 2.1, eff. 1-14-82] — (NAC A 9-13-85)

     NAC 538.070  Communications. (NRS 538.201)

     1.  All formal written communications and documents being sent to the Commission must be addressed to the Executive Director of the Commission.

     2.  A person may seek clarification of these rules by filing a written request with the Executive Director of the Commission. The Director will reply in writing within a reasonable time.

     [Colorado River Comm’n, Practice Rule 2 §§ 2.2 & 2.3, eff. 1-14-82]

PRACTICE AND PROCEDURE BEFORE COLORADO RIVER COMMISSION OF NEVADA

General

     NAC 538.075  Scope; power of Executive Director. (NRS 538.181, 538.201)

     1.  The provisions of NAC 538.075 to 538.336, inclusive, govern all practice and procedure before the Commission.

     2.  The provisions of NAC 538.075 to 538.336, inclusive, apply to the allocation by the Commission of power designated in Schedule D for delivery commencing on or after October 1, 2017.

     3.  To the extent that any action before the Commission is not covered by the provisions of NAC 538.075 to 538.336, inclusive, the Executive Director may determine the proceedings to apply to the action, including, without limitation, the use of workshops for rulemaking.

     [Colorado River Comm’n, Practice Rule 1 § 1.1, eff. 1-14-82] — (NAC A 9-13-85; R148-13, 6-23-2014) — (Substituted in revision for NAC 538.020)

     NAC 538.080  Classification of parties. (NRS 538.201)

     1.  A person who applies for any right or authority from the Commission must be styled the “applicant.”

     2.  A person who complains to the Commission of any act or of any person must be styled the “complainant.” In any proceeding which the Commission brings on its own motion, it must be styled the “complainant.”

     3.  A person, other than a complainant, who petitions for affirmative relief must be styled the “petitioner.”

     4.  A person against whom any complaint is filed or investigation initiated must be styled the “respondent.”

     5.  Any person who is not an original party to a proceeding but who makes a showing that the person is directly and substantially affected by it, must, upon securing an order from the Executive Director granting him or her leave to intervene, be styled the “intervener.” The granting of leave to a person to intervene or otherwise appear in any matter or proceeding does not constitute a finding or determination of the Executive Director or the Commission that the person is, for judicial review or appeal, a party aggrieved by a ruling, order or decision of the Commission.

     6.  Any person who believes that he or she may be affected by a proceeding but does not seek to participate in it, must be styled an “interested party.”

     [Colorado River Comm’n, Practice Rule 3 §§ 3.1-3.6, eff. 1-14-82]

     NAC 538.090  Staff of Commission may be party to proceeding. (NRS 538.201)  Members of the Commission’s staff may appear at any proceeding and exercise all rights of participation as parties to the proceeding.

     [Colorado River Comm’n, Practice Rule 3 § 3.7, eff. 1-14-82]

     NAC 538.100  Appearances. (NRS 538.201)  A party may enter his or her appearance at the beginning of a hearing, or at any other time designated by the Commission or its presiding officer, by giving the party’s name and address and stating his or her position or interest to the Commission or its presiding officer. The information must be recorded in the transcript of the hearing.

     [Colorado River Comm’n, Practice Rule 4 § 4.1, eff. 1-14-82]

     NAC 538.103  Service lists. (NRS 538.201)

     1.  The Commission will maintain a service list for each case for which a hearing will be held.

     2.  A person may submit to the Executive Director a written request to be placed on the service list maintained by the Commission pursuant to subsection 1. If a person makes such a request, the Commission will send the person either copies or electronic mail notification of all notices and orders issued by the Commission or a presiding officer in the case to which the service list applies.

     3.  A person placed on the service list maintained by the Commission pursuant to subsection 1 is responsible for notifying the Executive Director in writing of any changes in the electronic or physical address contact information for that person.

     (Added to NAC by Colorado River Comm’n by R148-13, eff. 6-23-2014)

     NAC 538.106  Receipt of documents by Commission. (NRS 538.201)  A document is considered officially received by the Commission only if it is:

     1.  Delivered to the Commission’s office in Las Vegas in person or by United States mail;

     2.  Presented to the Commission during a hearing;

     3.  Filed electronically through the Commission’s website, if an electronic filing system is available, and by United States mail; or

     4.  Filed with the Commission in any other manner directed by the Executive Director.

     (Added to NAC by Colorado River Comm’n by R148-13, eff. 6-23-2014)

     NAC 538.110  Service of process on attorney. (NRS 538.201)  Following the entry of an appearance by an attorney for a party, all notices, pleadings and orders to be served thereafter upon the party must be served upon his or her attorney and the service is valid service for all purposes upon the party represented.

     [Colorado River Comm’n, Practice Rule 4 § 4.2, eff. 1-14-82]

     NAC 538.120  Withdrawal of attorney. (NRS 538.201)  Any attorney of record who wishes to withdraw from a proceeding before the Commission must immediately give written notice of the withdrawal to the party he or she has represented and to the Commission or its presiding officer.

     [Colorado River Comm’n, Practice Rule 4 § 4.3, eff. 1-14-82]

     NAC 538.130  Pleadings: Style; verification. (NRS 538.201)

     1.  Pleadings before the Commission must be styled applications, petitions, complaints or answers.

     2.  All pleadings must be verified.

     [Colorado River Comm’n, Practice Rule 5 §§ 5.1 & 5.2, eff. 1-14-82]

     NAC 538.140  Pleadings: Construction. (NRS 538.201)  The Commission will construe all pleadings liberally to effect justice between the parties and will, at every stage of any proceeding, disregard errors or defects in the pleadings or proceedings which do not affect the substantial rights of the parties.

     [Colorado River Comm’n, Practice Rule 5 § 5.4, eff. 1-14-82]

     NAC 538.150  Pleadings: Applications. (NRS 538.201)

     1.  Each pleading which requests a right or authority from the Commission must be styled an “application.”

     2.  An application must set forth the applicant’s full name and mailing address and must contain any facts and exhibits required by statute.

     3.  The applicant must sign the application.

     [Colorado River Comm’n, Practice Rule 5 § 5.5, eff. 1-14-82]

     NAC 538.160  Pleadings: Amendments. (NRS 538.201)  The Commission may allow a pleading to be amended or corrected or any omission to be supplied.

     [Colorado River Comm’n, Practice Rule 5 § 5.3, eff. 1-14-82]

     NAC 538.170  Pleadings: Petitions. (NRS 538.201)

     1.  Each pleading which prays for affirmative relief, excluding an application, complaint or answer, but including a request for a declaratory order, an advisory opinion or the adoption, filing, amendment or repeal of a regulation, must be styled the “petition.”

     2.  A petition must contain the full name and mailing address of the petitioner and must be signed by the petitioner.

     [Colorado River Comm’n, Practice Rule 5 § 5.6, eff. 1-14-82]

     NAC 538.180  Complaints: General requirements. (NRS 538.201)

     1.  Upon the initiative of any interested person, a complaint may be made alleging one or more causes of action based on subsection 4 of NRS 538.181 and NRS 538.221. Facts constituting acts or omissions must be stated with such particularity as to enable the respondent to prepare a defense to the complaint.

     2.  All applicable statutes, regulations and orders of the Commission must be cited, together with the dates on which the acts or omissions occurred.

     3.  If more than one cause of action is alleged, each cause of action must be stated and numbered separately.

     4.  Two or more complainants may join in one complaint if their respective causes of action are against the same person and deal with substantially the same violation of a statute, regulation or order of the Commission.

     5.  Every complaint must be in writing, signed and verified by the person making it, and filed with the Commission.

     6.  A complaint will be set for hearing at the earliest convenience of the Commission unless the Commission receives notice of satisfaction of the complaint.

     [Colorado River Comm’n, Practice Rule 5 § 5.7, eff. 1-14-82] — (NAC A by R148-13, 6-23-2014)

     NAC 538.190  Complaints: Answer. (NRS 538.201)

     1.  Within 20 days after a complaint is served upon a respondent, he or she must file an answer with the Commission.

     2.  Affirmative defenses must be separately stated and numbered.

     3.  If the respondent fails to answer within the time prescribed, the respondent shall be deemed to have denied generally the allegations of the complaint and is precluded, except with the consent of opposing parties and the Commission, from setting up any affirmative defense in the hearing.

     4.  The Commission will proceed with the matter solely upon the issues set forth in the complaint.

     [Colorado River Comm’n, Practice Rule 5 § 5.8, eff. 1-14-82]

     NAC 538.195  Presiding officers: Appointment; draft orders; review of decisions. (NRS 538.201)

     1.  The Commission may appoint one or more presiding officers to preside over and conduct hearings or other proceedings, or any portion thereof, in any matter pending before the Commission. The Commission, in its discretion, may appoint an employee of the Commission or any other person to serve as a presiding officer.

     2.  If the Commission appoints a presiding officer to preside over and conduct any hearing or proceeding, within 30 days after the close of all evidentiary hearings in the matter, the presiding officer shall file with the Commission a draft order that sets forth the findings and conclusions of the presiding officer and the reasons and bases for those findings and conclusions. The draft order must be served promptly on each party of record.

     3.  Any party of record may file comments to the draft order of a presiding officer. Any such comments must be filed with the Commission within 30 days after the issuance of the draft order.

     4.  Upon review of a draft order filed with the Commission by a presiding officer and any comments to the draft order filed by a party of record, the Commission may affirm or modify the draft order, in whole or in part, remand the draft order to the presiding officer for further proceedings or take any other just and reasonable action with regard to the draft order, including, without limitation, replacing the draft order with an order of the Commission.

     (Added to NAC by Colorado River Comm’n by R148-13, eff. 6-23-2014)

     NAC 538.200  Prehearing conference. (NRS 538.201)  The Chair of the Commission, the Executive Director or the presiding officer may, upon written notice to all parties of record, hold a prehearing conference to:

     1.  Formulate or simplify the issues;

     2.  Obtain admissions of fact and documents in order to avoid unnecessary proof;

     3.  Arrange for the exchange of proposed exhibits or prepared expert testimony;

     4.  Identify and limit the number of witnesses, specify the subject matter of witnesses’ testimony and consolidate the examination of witnesses;

     5.  Establish a procedure for the hearing; and

     6.  Consider any other matters which may promote orderly conduct and expedite the disposition of the proceedings or achieve a settlement.

     [Colorado River Comm’n, Practice Rule 6, eff. 1-14-82] — (NAC A by R148-13, 6-23-2014)

     NAC 538.210  Hearings: Notice; location. (NRS 538.201, 538.221)

     1.  Hearings will be held before the Commission or its designated presiding officer.

     2.  Notice of a hearing will be served at least 20 days before the time set for the hearing.

     3.  A hearing which has previously been continued may be reset on notice of not less than 10 days.

     4.  Hearings will be held at the time and place designated by the notice.

     [Colorado River Comm’n, Practice Rule 7 § 7.1, eff. 1-14-82] — (NAC A by R148-13, 6-23-2014)

     NAC 538.220  Hearings: Continuances. (NRS 538.201, 538.221)  The Commission or presiding officer may, either before or during a hearing, upon a proper showing, grant a continuance for the submission of additional proof.

     [Colorado River Comm’n, Practice Rule 7 § 7.9, eff. 1-14-82]

     NAC 538.230  Hearings: Failure of party to appear. (NRS 538.201, 538.221)

     1.  If a party fails to appear at a scheduled hearing and no continuance has been granted, the Commission or presiding officer will hear the evidence of the witnesses who have appeared and will proceed to consider the matter and dispose of it on the basis of the evidence before it.

     2.  If, because of accident, sickness or other reasonable cause, a person fails to appear for a hearing and fails to request a continuance of the hearing, the person may within a reasonable time, but not more than 15 days, apply to the Commission to reopen the proceedings.

     3.  Upon finding a cause sufficient and reasonable, the Commission or presiding officer will immediately fix a time and place for a hearing and give notice of the hearing to all parties. At the time and place fixed, a hearing will be held at which the person may testify in the person’s own behalf and present such other evidence as may be beneficial to his or her cause.

     4.  Witnesses who have previously testified are not required to appear at the second hearing unless so directed by the Commission or presiding officer.

     [Colorado River Comm’n, Practice Rule 7 § 7.2, eff. 1-14-82]

     NAC 538.240  Hearings: Conduct. (NRS 538.201, 538.221)  All parties to hearings, their counsel and spectators shall conduct themselves in a respectful manner.

     [Colorado River Comm’n, Practice Rule 7 § 7.3, eff. 1-14-82]

     NAC 538.250  Hearings: Presentation of evidence. (NRS 538.201, 538.221)

     1.  The Commission or presiding officer will call the proceeding to order, take appearances and act upon any pending motions or petitions. The parties may then make opening statements.

     2.  Except as otherwise provided in subsection 3, the applicant, petitioner or complainant shall present his or her evidence first and then such parties as may be opposing the application, petition or complaint may present their evidence. The Commission or presiding officer will determine the order in which any intervener may present the intervener’s evidence.

     3.  Evidence will ordinarily be received from the parties in the following order:

     (a) Upon applications and petitions:

          (1) Applicant or petitioner.

          (2) Commission’s staff.

          (3) Intervener.

          (4) Applicant or petitioner in rebuttal.

     (b) Upon complaints:

          (1) Complainant.

          (2) Respondent.

          (3) Commission’s staff.

          (4) Complainant in rebuttal.

     (c) Upon complaints by Commission:

          (1) Commission’s staff.

          (2) Respondent.

          (3) Commission’s staff in rebuttal.

Ê The listed order may be modified by the Commission or presiding officer.

     4.  The Commission or presiding officer may allow closing statements to be made by the parties.

     [Colorado River Comm’n, Practice Rule 7 §§ 7.6 & 7.7, eff. 1-14-82]

     NAC 538.260  Hearings: Consolidation. (NRS 538.201, 538.221)  The Commission or presiding officer may consolidate two or more proceedings whenever it appears that the issues are substantially the same and the interests of the parties will not be prejudiced by the consolidation. The Commission or presiding officer will determine the order of procedure at a consolidated hearing.

     [Colorado River Comm’n, Practice Rule 7 § 7.4, eff. 1-14-82]

     NAC 538.270  Hearings: Stipulations. (NRS 538.201, 538.221)  With the approval of the Commission or presiding officer, the parties may stipulate to any fact at issue, either by a written stipulation introduced into evidence as an exhibit or by an oral statement shown in the record. Any stipulation is binding upon all parties to it, and it may be treated as evidence at the hearing. The Commission or presiding officer may require evidential proof of the stipulated facts.

     [Colorado River Comm’n, Practice Rule 7 § 7.5, eff. 1-14-82]

     NAC 538.280  Hearings: Official notice. (NRS 538.201, 538.221)  The Commission or presiding officer may take official notice of standards, rules, regulations, official reports, decisions, orders and other records of its own and of any other regulatory agency of this State or any court of record.

     [Colorado River Comm’n, Practice Rule 7 § 7.8, eff. 1-14-82]

     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 filing of briefs and the presentation of any oral argument permitted by the Commission.

     [Colorado River Comm’n, Practice Rule 8, eff. 1-14-82] — (NAC A by R148-13, 6-23-2014)

     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 petition within 30 days after the effective date of the order or decision upon which the rehearing is requested, but if the Commission does not take action on the petition within that time, the petition shall be deemed denied.

     3.  The Commission or presiding officer on his or her own motion may order a rehearing within 30 days after the rendering of the decision if a mistake, fraud or a misconception of facts led to the original decision.

     4.  The filing of a petition for a rehearing upon an order or decision does not excuse compliance with it or suspend its effectiveness unless otherwise ordered by the Commission.

     [Colorado River Comm’n, Practice Rule 10, eff. 1-14-82] — (NAC A by R148-13, 6-23-2014)

     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. 1-14-82]

     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 Commission.

     2.  A petition for a declaratory order or an advisory opinion must be in writing.

     3.  The Commission will issue a declaratory order or render an advisory opinion in writing within 90 days after its receipt of the petition in proper form.

     [Colorado River Comm’n, Practice Rule 9, eff. 1-14-82] — (NAC A by R148-13, 6-23-2014)

     NAC 538.330  Petition for adoption, filing, amendment or repeal of regulation. (NRS 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 filed pursuant to subsection 1 will not be classified as a petition for the purposes of applying the procedures set forth in NAC 538.075 to 538.336, inclusive.

     3.  The Commission will send any statement denying such a petition or correspondence concerning the petition to the petitioner by certified mail.

     [Colorado River Comm’n, Practice Rule 11, eff. 1-14-82] — (NAC A by R148-13, 6-23-2014)

Allocation of Schedule D Power

     NAC 538.333  Commission to develop criteria: Draft order; public meeting; comments; hearing; decision. (NRS 538.181, 538.201)

     1.  The Commission will develop criteria for the allocation of power designated in Schedule D in accordance with this section.

     2.  The Commission’s staff must prepare a draft order setting forth proposed criteria for the allocation by the Commission of power designated in Schedule D. To prepare the draft order, the Commission’s staff must:

     (a) Conduct a public meeting that complies with the provisions of chapters 241 and 538 of NRS and NAC 538.075 to 538.336, inclusive. In addition to satisfying the requirements of chapters 241 and 538 of NRS and NAC 538.075 to 538.336, inclusive, the notice must:

          (1) Describe the power designated in Schedule D for which allocation criteria is being developed;

          (2) Set forth the proposed criteria to be used by the Commission for the allocation of power designated in Schedule D;

          (3) Include a proposed form for applying for an allocation of power designated in Schedule D;

          (4) State that, at the public meeting, the Commission’s staff will accept questions and oral comments from persons attending the meeting; and

          (5) State a deadline for the submission of written comments to the Commission’s staff.

     (b) Consider written comments submitted to the Commission’s staff on or before the deadline for the submission of written comments and the questions and oral comments presented at the public meeting.

     3.  After preparing the draft order described in subsection 2, the Commission’s staff must:

     (a) Serve a copy of the draft order on each person who submits:

          (1) Written comments to the Commission’s staff on or before the deadline for the submission of written comments or submitted questions or oral comments at the public meeting conducted pursuant to subsection 2.

          (2) A request to the Executive Director to be included on a service list for proceedings related to the development of criteria for the allocation of power designated in Schedule D.

     (b) Post a copy of the draft order on the Commission’s Internet website.

     4.  The Commission will conduct a hearing and issue a decision on the draft order prepared by the Commission’s staff pursuant to subsection 1. The hearing will be conducted, and the Commission’s decision issued, in accordance with the provisions of chapters 241 and 538 of NRS and NAC 538.075 to 538.336, inclusive. In addition to satisfying the requirements of chapters 241 and 538 of NRS and NAC 538.075 to 538.336, inclusive, the notice must include, without limitation, a copy of the draft order prepared by the Commission’s staff pursuant to subsection 2.

     5.  The proceeding described in this section is not a contested case as defined in NRS 233B.032.

     (Added to NAC by Colorado River Comm’n by R148-13, eff. 6-23-2014)

     NAC 538.336  Application process: Public meeting to discuss process; review of applications; preparation of draft order; Commission hearing and decision; reallocation of power if entity fails to enter into contract with Commission. (NRS 538.181, 538.201)

     1.  The Commission’s staff must conduct a public meeting that complies with the provisions of chapters 241 and 538 of NRS and NAC 538.075 to 538.336, inclusive, to discuss the process of allocating power designated in Schedule D and accept questions and comments concerning that process. In addition to satisfying the requirements of chapters 241 and 538 of NRS and NAC 538.075 to 538.336, inclusive, the notice must state:

     (a) That applications for an allocation of power designated in Schedule D may be submitted after the public meeting;

     (b) A deadline for the submission of applications for an allocation of power designated in Schedule D; and

     (c) That, at the public meeting, the Commission’s staff will accept questions and oral comments from persons attending the meeting.

     2.  After the public meeting conducted pursuant to subsection 1, a person who wishes to apply for an allocation of power designated in Schedule D may submit an application to the Commission’s staff. The application must:

     (a) Be on a form provided by the Commission.

     (b) Set forth the applicant’s full name and mailing address and any facts and exhibits required by law.

     (c) Be signed by the applicant.

     3.  The Commission’s staff must review any application submitted pursuant to subsection 2 and prepare a draft order containing a recommendation for the Commission’s disposition of each application. The Commission’s staff must provide a copy of the draft order to each applicant. An applicant must file any comments on the draft order with the Commission within 30 days after the Commission’s staff issues the draft order.

     4.  The Commission will conduct a hearing and issue a decision on the draft order prepared by the Commission’s staff pursuant to subsection 3. The hearing will be conducted, and the Commission’s decision issued, in accordance with the provisions of chapters 241 and 538 of NRS and NAC 538.075 to 538.336, inclusive. In addition to satisfying the requirements of chapters 241 and 538 of NRS and NAC 538.075 to 538.336, inclusive, the notice must include, without limitation, a copy of the draft order prepared by the Commission’s staff pursuant to subsection 3.

     5.  After the issuance of the Commission’s decision on the draft order prepared by the Commission’s staff pursuant to subsection 3, 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 the application 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.

     6.  If an applicant that has been offered an allocation of power designated in Schedule D from the Commission fails to enter into a contract with the Commission within 90 days after being offered the allocation of power, the Commission will reallocate the amount of power offered to that applicant to other applicants at the Commission’s discretion.

     7.  Except for a hearing conducted pursuant to subsection 5, the proceeding described in this section is not a contested case as defined in NRS 233B.032.

     (Added to NAC by Colorado River Comm’n by R148-13, eff. 6-23-2014)

MARKETING OF ELECTRIC POWER

General Provisions

     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 River Comm’n, eff. 9-13-85; A 12-17-87; R123-00, 2-15-2001; R112-02, 9-20-2002; R148-13, 6-23-2014)

     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, immediately following midnight of September 30 of that year, and ends at midnight of September 30 of the following year.

     (Added to NAC by Colorado River Comm’n by R123-00, eff. 2-15-2001; A by R108-06, 6-28-2006)

     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 the uprating program referred to in Public Law 98-381.

     (Added to NAC by Colorado River Comm’n, eff. 9-13-85)

     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 by Colorado River Comm’n by R148-13, eff. 6-23-2014)

     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 energy, allocated to the Commission.

     (Added to NAC by Colorado River Comm’n, eff. 9-13-85)

     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 to NAC by Colorado River Comm’n by R148-13, eff. 6-23-2014)

     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 538.740, inclusive, apply to power allocated by the Commission from the Boulder Canyon Project, Parker-Davis Project or Salt Lake City Area Integrated Projects.

     2.  The provisions of NAC 538.744 and 538.746 apply to power allocated by the Commission from any source.

     (Added to NAC by Colorado River Comm’n by R123-00, eff. 2-15-2001; A by R112-02, 9-20-2002)

     NAC 538.397  Allocation of Schedule D power in accordance with chapter. (NRS 538.181, 538.201)  The Commission will allocate power designated in Schedule D in accordance with this chapter and to achieve the greatest possible benefit to this State.

     (Added to NAC by Colorado River Comm’n by R148-13, eff. 6-23-2014)

     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 this State for those resources.

     (Added to NAC by Colorado River Comm’n, eff. 9-13-85; A 12-17-87; R123-00, 2-15-2001)

     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 seeking to contract with the Commission for the delivery of power from the Boulder Canyon Project designated in Schedule A, Schedule B or Schedule C commencing before October 1, 2017, or power from the Parker-Davis Project or the Salt Lake City Area Integrated Projects must supply information as requested by the Commission and must:

     1.  Be an entity to which the Commission is authorized by law to sell electricity or provide transmission service or distribution service, or both;

     2.  Be able to receive energy from one or more of the points of delivery authorized by the Commission;

     3.  Be able to maintain a ratio between “real power” in kilowatts and “apparent power” in kilovoltamperes (“power factor”) within at least 95 percent, if called upon to do so;

     4.  Meet the requirements for a program for integrated resource planning or a similar program, however designated, set forth as a condition to the purchase of power by:

     (a) Regulations adopted by Western pursuant to 42 U.S.C. § 7276;

     (b) Federal statute; or

     (c) The Commission; and

     5.  If the applicant is an electric utility:

     (a) Have a load that:

          (1) Has a peak demand of at least 8 megawatts; and

          (2) Is located within Western’s defined marketing area in this State for the Boulder Canyon Project, Parker-Davis Project or Southern Division of the Salt Lake City Area Integrated Projects; and

     (b) Be qualified to receive preference power under the applicable provisions of federal law relating to preference power when applying for electric power from the Parker-Davis Project or Salt Lake City Area Integrated Projects.

     (Added to NAC by Colorado River Comm’n, eff. 9-13-85; A 12-17-87; R123-00, 2-15-2001; R108-06, 6-28-2006; R148-13, 6-23-2014)

     NAC 538.413  Requirements of electric utility seeking to contract with Commission for delivery of Schedule D power from Boulder Canyon Project on or after October 1, 2017. (NRS 538.181, 538.201)  An applicant that is an electric utility and is seeking to contract with the Commission for the delivery of power from the Boulder Canyon Project designated in Schedule D commencing on or after October 1, 2017, must supply information as requested by the Commission and must demonstrate that, on or before the date determined by the Executive Director, the applicant:

     1.  Is an entity to which the Commission is authorized by law to sell electricity or provide transmission service or distribution service, or both;

     2.  Is able to receive energy from one or more of the points of delivery authorized by the Commission;

     3.  Is able to maintain a ratio between “real power” in kilowatts and “apparent power” in kilovoltamperes (“power factor”) within at least 95 percent, if called upon to do so, or is able to receive power over the facilities of a utility that is able to maintain that ratio;

     4.  Meets the requirements for any program for integrated resource planning or a similar program, however designated, set forth as a condition to the purchase of power by federal or state law;

     5.  Has an annual peak load of at least 1 megawatt;

     6.  Has load located within Western’s defined marketing area in this State for the Boulder Canyon Project; and

     7.  Complies with any other requirements imposed by the Commission.

     (Added to NAC by Colorado River Comm’n by R148-13, eff. 6-23-2014)

     NAC 538.416  Requirements of applicant that is not electric utility seeking to contract with Commission for delivery of Schedule D power from Boulder Canyon Project on or after October 1, 2017. (NRS 538.181, 538.201)  An applicant that is not an electric utility and is seeking to contract with the Commission for the delivery of power from the Boulder Canyon Project designated in Schedule D commencing on or after October 1, 2017, must supply information as requested by the Commission and must demonstrate that, on or before the date determined by the Executive Director, the applicant:

     1.  Is an entity to which the Commission is authorized by law to sell electricity or provide transmission service or distribution service, or both;

     2.  Is able to receive energy from one or more of the points of delivery authorized by the Commission;

     3.  Will receive power from the Commission over the facilities of an electric utility that is able to maintain a ratio between “real power” in kilowatts and “apparent power” in kilovoltamperes (“power factor”) within at least 95 percent, if called upon to do so, or is able to receive power over the facilities of a utility that is able to maintain that ratio;

     4.  Will receive power from the Commission over the facilities of an electric utility that meets the requirements for any program for integrated resource planning or a similar program, however designated, set forth as a condition to the purchase of power by federal or state law;

     5.  Has an annual peak load of at least 1 megawatt;

     6.  Has load located within Western’s defined marketing area in this State for the Boulder Canyon Project; and

     7.  Complies with any other requirements imposed by the Commission.

     (Added to NAC by Colorado River Comm’n by R148-13, eff. 6-23-2014)

     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 Colorado River Comm’n, eff. 9-13-85; A 12-17-87; R123-00, 2-15-2001; R148-13, 6-23-2014)

     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.

     (Added to NAC by Colorado River Comm’n, eff. 9-13-85)

     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 reallocate that power in the manner provided in NAC 538.455.

     (Added to NAC by Colorado River Comm’n, eff. 9-13-85; A by R123-00, 2-15-2001; R148-13, 6-23-2014)

     NAC 538.450  Reallocation of power if entity fails to enter into contract with Commission. (NRS 538.181, 538.201)  Except as otherwise provided in subsection 6 of NAC 538.336 and subsection 7 of NAC 538.455, if an entity that has been offered an allocation of power from the Commission fails, within 90 days after being offered the allocation of power, to enter into a contract with the Commission in accordance with the terms and conditions set by the Commission, the Commission will reallocate the amount of power offered to that entity in the manner provided in NAC 538.455.

     (Added to NAC by Colorado River Comm’n, eff. 9-13-85; A by R123-00, 2-15-2001; R148-13, 6-23-2014)

     NAC 538.455  Procedures for reallocation of power: Notice requirements; application and review; hearing; Commission decision. (NRS 538.181, 538.201)

     1.  The Commission will reallocate power that becomes available for reallocation pursuant to NAC 538.440 and 538.450 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 reallocation by the Commission pursuant to NAC 538.440 and 538.450, the Commission’s staff must notify the public of the availability of the power. The notice must:

     (a) Describe the power to be allocated;

     (b) Set forth the proposed criteria to be used by the Commission for the allocation of the power;

     (c) Include a proposed form for applying for an allocation of the power; and

     (d) Set forth the dates during which applications may be submitted.

     3.  A person who wishes to apply for an allocation of power from the Commission pursuant to this section must submit an application to the Commission’s staff. The application must:

     (a) Be on a form provided by the Commission.

     (b) Set forth the applicant’s full name and mailing address and any facts and exhibits required by law.

     (c) Be signed by the applicant.

     4.  The Commission’s staff must review any application submitted pursuant to subsection 3 and prepare a draft order containing a recommendation for the Commission’s disposition of each application. The Commission’s staff must provide a copy of the draft order to each applicant. An applicant must file any comments on the draft order with the Commission within 30 days after the Commission’s staff issues the draft order.

     5.  The Commission will conduct a hearing and issue a decision on the draft order prepared by the Commission’s staff pursuant to subsection 4. The notice of the hearing must include, without limitation, a copy of the draft order prepared by the Commission’s staff pursuant to subsection 4.

     6.  After the issuance of the Commission’s decision on a draft order prepared by the Commission’s staff pursuant to subsection 4, 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 the application 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.

     7.  If an applicant that has been offered an allocation 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 of power, the Commission will reallocate the amount of power offered to that applicant to other applicants at the Commission’s discretion.

     8.  Except for a hearing conducted pursuant to subsection 6, the proceedings described in this section is not a contested case as defined in NRS 233B.032.

     (Added to NAC by Colorado River Comm’n by R148-13, eff. 6-23-2014)

     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 utility that meets the minimum recommendation for reserves set by the Western Electricity Coordinating Council.

     (Added to NAC by Colorado River Comm’n, eff. 9-13-85; A 11-24-87; R148-13, 6-23-2014)

     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 by the Commission in an exhibit to the contract to purchase power.

     (Added to NAC by Colorado River Comm’n, eff. 9-13-85; A 12-17-87; R123-00, 2-15-2001)

     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 Salt Lake City Area Integrated Projects offered to the Commission may be accepted by the Executive Director of the Commission on behalf of the Commission and will be offered by the Executive Director of the Commission on behalf of the Commission at the time those resources become available and in the most equitable manner as determined by the Executive Director of the Commission, first, to entities that hold contracts for hydroelectric power from the Commission, and then, to any other entity to which the Commission is authorized by law to sell electricity. All entities must observe whatever restrictions are placed on that power.

     (Added to NAC by Colorado River Comm’n, eff. 9-13-85; A 9-10-87; R123-00, 2-15-2001)

General Terms and Conditions

     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 contract for the delivery of such power for the period commencing on October 1, 2017, and ending on September 30, 2067.

     (Added to NAC by Colorado River Comm’n by R148-13, eff. 6-23-2014)

     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 538.740, inclusive, for the period ending on September 30, 2017, become effective on the day they are executed and expire on the last day of the billing period for September 2017, unless terminated before that date by the contractor or the Commission in accordance with the terms of the contract. The provisions of NAC 538.397, 538.413 and 538.416 do not apply to this subsection.

     2.  Contracts for the delivery of long-term power from the Boulder Canyon Project allocated under NAC 538.340 to 538.740, inclusive, for the period commencing on October 1, 2017, become effective on the day they are executed and expire on the day specified in the contract, unless terminated before that date by the contractor or the Commission in accordance with the terms of the contract. The Commission will determine the term of each contract for the delivery of power from the Boulder Canyon Project for a term of less than 50 years commencing on or after October 1, 2017.

     3.  Contracts for the delivery of long-term power from the Parker-Davis Project allocated under NAC 538.340 to 538.740, inclusive, become effective on the day they are executed and expire on the last day of the billing period for September 2028, unless terminated before that date by the contractor or the Commission in accordance with the terms of the contract.

     4.  Contracts for the delivery of long-term power from the Salt Lake City Area Integrated Projects allocated under NAC 538.340 to 538.740, inclusive, become effective on the first day of the billing period for October 1989 and expire on the last day of the billing period for September 2024, unless terminated before that date by the contractor or the Commission in accordance with the terms of the contract.

     5.  Except as otherwise provided in subsection 2, the term of contracts for short-term power will be determined by the Executive Director of the Commission for each contract.

     (Added to NAC by Colorado River Comm’n, eff. 9-13-85; A 11-24-87; 12-17-87; R123-00, 2-15-2001; R108-06, 6-28-2006; R148-13, 6-23-2014)

     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 Schedule B commencing on or after October 1, 2017, must include a provision requiring the contractor to pay:

     (a) A proportionate share of this State’s contribution to the cost of the Lower Colorado River Multi-Species Conservation Program, as defined in section 9401 of the Omnibus Public Land Management Act of 2009, Public Law 111-11; and

     (b) Applicable tariff rates and charges pursuant to paragraph (a) of subsection 4 of NRS 704.787 if the contractor obtains electric distribution services from an electric utility that primarily serves densely populated counties, and is a customer of the Commission pursuant to paragraph (a) or (b) of subsection 1 of NRS 704.787.

     2.  A contract for the delivery of power from the Boulder Canyon Project designated in Schedule D commencing on or after October 1, 2017, must include provisions requiring the new allottee to:

     (a) Pay a proportionate share of this State’s contribution to the cost of the Lower Colorado River Multi-Species Conservation Program, as defined in section 9401 of the Omnibus Public Land Management Act of 2009, Public Law 111-11;

     (b) Participate through the Commission in the Boulder Canyon Project Implementation Agreement;

     (c) Pay a pro rata share of Hoover Dam repayable advances required to be paid by contractors who entered into contracts for the delivery of power from the Boulder Canyon Project before October 1, 2017;

     (d) Meet the requirements for any program for integrated resource planning or a similar program, however designated, set forth as a condition to the purchase of power by federal or state law, or receive power from the Commission over the facilities of an electric utility that meets the requirements for such a program;

     (e) Pay applicable fees, tariff rates and charges pursuant to subsections 2 and 3 of NRS 704.787 and paragraph (b) of subsection 4 of NRS 704.787, if the contractor:

          (1) Is located in the service area of an electric utility that primarily serves densely populated counties;

          (2) Is a customer of the Commission pursuant to paragraph (c) of subsection 1 of NRS 704.787; and

          (3) Will receive power from Schedule D at delivery points that are not served pursuant to an existing Distribution Only Service Agreement; and

     (f) Pay applicable tariff rates and charges for its allocation of power from Schedule D pursuant to paragraph (a) of subsection 4 of NRS 704.787 if the contractor:

          (1) Is located in the service area of an electric utility that primarily serves densely populated counties;

          (2) Is a customer of the Commission pursuant to paragraph (b) of subsection 1 of NRS 704.787;

          (3) Will receive power from Schedule D at delivery points that are served pursuant to an existing Distribution Only Service Agreement; and

          (4) Has not previously paid such rates and such charges.

     3.  As used in this section, “electric utility that primarily serves densely populated counties” has the meaning ascribed to it in NRS 704.787.

     (Added to NAC by Colorado River Comm’n by R148-13, eff. 6-23-2014)

     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 with the contractor, endeavor to find markets for that power and arrange for the necessary transfer of delivery. Purchasers of that power must observe whatever restrictions are placed on the use of that power. The money received by the Commission from the sale of that power to others will be credited to the contractor, except that the Commission will collect no more than the contractor’s cost of the power. The failure by the Commission in whole or in part to make such an arrangement does not relieve the contractor of its obligation to pay the Commission for the full amount of the power for which it contracted, whether the power is delivered to the contractor or to others.

     (Added to NAC by Colorado River Comm’n, eff. 9-13-85; A 11-24-87; R123-00, 2-15-2001)

     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 deficiency at the contractor’s expense. If the contractor can provide firming energy from its own resources, the Commission will, annually, allow it to provide its own firming energy and will reduce proportionately the Commission’s obligation to the contractor for energy. The cost of firming energy that is provided by the Commission must be paid for in the year in which it is incurred.

     (Added to NAC by Colorado River Comm’n, eff. 9-13-85; A 11-24-87)

     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 NAC 538.340 to 538.740, inclusive, establish and maintain a program for integrated resource planning or a similar program, however designated, set forth as a condition to the purchase of power by:

     (a) Regulations adopted by Western pursuant to 42 U.S.C. § 7276;

     (b) Federal statute; or

     (c) The Commission.

     2.  When requested, the Commission, with the help of Western and to the extent possible, will guide and assist the contractor in the development of its program.

     3.  The provisions of subsection 1 do not apply if Western accepts a program for integrated resource planning or a similar program, however designated, established and maintained by the Commission on behalf of the contractor.

     (Added to NAC by Colorado River Comm’n, eff. 9-13-85; A 12-17-87; R123-00, 2-15-2001; R108-06, 6-28-2006)

     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 Project, Parker-Davis Project or Salt Lake City Area Integrated Projects may not share, resell, pool, lease or change the point of use of that power without the prior approval of the Commission. The Commission may approve the sharing, reselling, pooling, leasing or changing the point of use of power pursuant to this subsection for a term of not more than 3 years.

     2.  An electric utility that contracts with the Commission for power from the Boulder Canyon Project, Parker-Davis Project or Salt Lake City Area Integrated Projects:

     (a) Must receive that power at a location in this State within Western’s defined marketing area for the project from which the power is obtained.

     (b) May not resell that power outside this State or outside Western’s defined marketing area for the project from which the power is obtained without the prior approval of the Commission.

     (c) May resell that power to serve customers within its service area in this State and within Western’s defined marketing area for the project from which the power is obtained, without the prior approval of the Commission.

     3.  An electric utility that contracts with the Commission for power from the Boulder Canyon Project must:

     (a) Use the full power resource available to them, including energy, capacity and the dynamic signal and other ancillary services and, except as otherwise provided in subsection 4, pass through to its customers located within Western’s defined marketing area for the Boulder Canyon Project the economic benefits of the energy, capacity, and dynamic signal and other ancillary services used by the customers; and

     (b) Upon the request of the Commission, provide to the Commission’s staff information demonstrating compliance with the requirements of this subsection.

     4.  The Nevada Power Company shall pass through to its residential class of ratepayers the economic benefits of power from Schedule B.

     (Added to NAC by Colorado River Comm’n, eff. 9-13-85; A 12-17-87; R123-00, 2-15-2001; R148-13, 6-23-2014)

     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 transfer must be consistent with the provisions of NAC 538.340 to 538.740, inclusive.

     (Added to NAC by Colorado River Comm’n, eff. 9-13-85; A by R123-00, 2-15-2001)

     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, after notifying the contractor, may reduce its allocation to that contractor to the extent of the contractor’s failure to use that full allocation. A reduction will not be made if the contractor’s failure to use that full allocation is caused by the implementation of a program for integrated resource planning or a similar program, however designated, described in NAC 538.530 and approved for the contractor by Western or the Commission.

     (Added to NAC by Colorado River Comm’n, eff. 9-13-85; A 11-24-87; R123-00, 2-15-2001; R108-06, 6-28-2006; R148-13, 6-23-2014)

     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 information necessary for the provision and billing of electric service by:

     (a) Using suitable equipment for metering power delivered to it by the Commission that meets all applicable standards of the electric utility industry or such other standards as may be approved by the Executive Director; or

     (b) Obtaining interconnection to the transmission system through an electric distribution provider that has metering which meets all applicable standards of the electric utility industry or such other standards as may be approved by the Executive Director.

     2.  Upon the request of the Commission’s staff and at any time specified by the Commission’s staff, a contractor must provide the Commission’s staff with such revenue quality meter data as may be required by the Executive Director.

     3.  Upon the request of the Commission’s staff and at any time specified by the Commission’s staff, a contractor that is not a utility and that purchases power provided by the Commission must provide the Commission’s staff with physical access to the metering equipment used by the contractor to measure the contractor’s load for the purpose of inspection and verification of the accuracy of the metering equipment.

     4.  The Executive Director of the Commission shall provide for the just resolution of claims between the Commission and a contractor arising from the inaccuracy of a meter.

     5.  On or before September 30, 2017, each contractor, or an agent of a contractor, that obtains all of its electric power from the Commission, must provide the Commission with the ability to physically disconnect the contractor’s power for failure to pay a power invoice from the Commission in a timely manner, without adversely impacting the delivery of power to other contractors.

     (Added to NAC by Colorado River Comm’n, eff. 9-13-85; A 11-24-87; R123-00, 2-15-2001; R148-13, 6-23-2014)

     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 shown by an annual report or by exhibits to the contracts for power from the Boulder Canyon Project, Parker-Davis Project or Salt Lake City Area Integrated Projects.

     2.  Scheduling and accounting procedures will be established by the Commission to adjust for any variations between the contractual energy available for delivery and the actual deliveries.

     3.  If requested by the contractor, the Commission, in preparing the exhibits, will endeavor to approximate that contractor’s seasonal and monthly pattern of usage of energy. The extent to which the Commission is able to accommodate these patterns is contingent upon the monthly availability of energy.

     4.  The Commission will, in the contracts for power from the Boulder Canyon Project, allow for a reduction in capacity due to loss of head or flow or to outages of generating units or other factors. Such a reduction will be apportioned by the Commission among the contractors for capacity from the Boulder Canyon Project. The Commission will not discriminate between the capacity designated in Schedule A, Schedule B and Schedule D in apportioning the shortages. The pro rata share of any contractor is the proportion its capacity bears to the total capacity available under Schedule A, Schedule B and Schedule D.

     (Added to NAC by Colorado River Comm’n, eff. 9-13-85; A 12-17-87; 2-18-88; R123-00, 2-15-2001; R148-13, 6-23-2014)

     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 Salt Lake City Area Integrated Projects and for wheeling energy from the Parker-Davis Project or Salt Lake City Area Integrated Projects must be Western’s effective rates or charges for those resources. These rates or charges, the Commission’s administrative charge and any other costs associated with the contracted resource will be shown by a periodic report or by exhibits to the contracts for power from these projects. These rates, charges and costs may vary due to changing conditions. Some rates or charges may be estimated for a portion of an operating year with an adjustment, for the months the estimate is used, in the month the actual rate or charge is established.

     2.  At the time the Commission is notified by Western of any change in the rates or charges, the Commission will notify its contractors of the change.

     3.  The administrative charge is based on a projection for 2 years of all costs for the Commission’s operations relating to the contractors. Those estimated costs are divided by the total estimated number of kilowatt-hours of all energy, including both hydroelectric and nonhydroelectric, to be delivered to contractors to arrive at a rate per kilowatt-hour. Except as otherwise provided in subsection 4, the administrative charge may be increased or decreased after the Commission notifies the contractors of the grounds for the increase or decrease and the effective date of the increase or decrease, which must be not less than 90 days after the Commission sends the notice of the increase or decrease.

     4.  The Commission may use the expedited procedure set forth in this subsection to increase or otherwise revise the administrative charge if actual revenue from the administrative charge is equal to or less than 70 percent of the revenue projected in accordance with subsection 3. The Commission’s staff may develop a proposed increase or other revision to the administrative charge and, not later than 30 days before the Commission meeting at which the Commission will make a determination on the proposed increase or other revision, notify the contractors in writing of the proposed increase or other revision. The notice must contain a statement of the amount of, and the grounds for, the proposed increase or other revision and the date of the Commission meeting at which the Commission will make a determination on the proposed increase or other revision. The Commission will accept written comments from contractors regarding the proposed increase or other revision which are submitted not later than 15 days before the Commission meeting at which the Commission will make a determination on the proposed increase or other revision. In determining whether to increase or otherwise revise the administrative charge, the Commission will review the proposed increase or other revision to the administrative charge proposed by the Commission’s staff, comments submitted by contractors in accordance with this subsection and any other relevant information.

     5.  As soon as practicable, a contractor planning, projecting or experiencing a decrease in its load of 30 percent or more for 90 consecutive days or more, in any 12 month period, shall notify the Commission of the decrease in its load.

     (Added to NAC by Colorado River Comm’n, eff. 9-13-85; A by R123-00, 2-15-2001; R148-13, 6-23-2014)

     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 contractor. These procedures must be set forth in an agreement approved by the Executive Director of the Commission.

     2.  Deliveries of power from the Boulder Canyon Project, Parker-Davis Project or Salt Lake City Area Integrated Projects will be scheduled by the Commission in advance in accordance with the procedures set forth in separate scheduling instructions which will provide for schedules to meet the needs of day-to-day or hour-by-hour operations. The instructions must include procedures for determining amounts of power from the Boulder Canyon Project, Parker-Davis Project and Salt Lake City Area Integrated Projects delivered to the contractor at each point of delivery and procedures for delivery of losses. The procedures must also specify the conditions under which actual deliveries, which are greater or less than scheduled deliveries during the month of a particular season, will be adjusted in later deliveries in subsequent months of that season.

     (Added to NAC by Colorado River Comm’n, eff. 9-13-85; A 12-17-87; R123-00, 2-15-2001; R148-13, 6-23-2014)

     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 each. This maximum rate of delivery will be determined by the Commission.

     2.  The setting of maximum rates of delivery at more than one point of receipt which results in a total rate of delivery higher than the contractual rate of delivery does not obligate the Commission to increase the availability of capacity to the contractor. The contractor is limited to the contractual rate of delivery.

     3.  The method for determining the maximum rate of delivery at each point of receipt is included in the scheduling and accounting procedures.

     (Added to NAC by Colorado River Comm’n, eff. 9-13-85)

     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 scheduled rate of delivery will be established by the Commission on a seasonal basis and may be increased or decreased as conditions dictate. The monthly minimum rate of delivery for each contractor is computed by dividing the number of kilowatt-hours to be taken during the month by a contractor at the minimum rate of delivery by the number of off-peak hours of load in the month. The number of kilowatt-hours to be taken during off-peak hours of load at the minimum rate of delivery from the Boulder Canyon Project must not exceed 25 percent of the contractor’s monthly entitlement of energy. The minimum hourly rate of delivery for capacity scheduled from the Salt Lake City Area Integrated Projects must be 35 percent of the contractor’s scheduled rate of delivery. At no time may the required minimum rate of delivery be greater than the contractor’s actual load.

     (Added to NAC by Colorado River Comm’n, eff. 9-13-85; A 12-17-87; R123-00, 2-15-2001)

     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 Project

 

 

 

                           Mead substation

                      69.0

                           Mead substation

                    230.0

 

                                    Location

               Kilovolts

                       Parker-Davis Project

 

 

 

                           Amargosa substation

                    138.0

                           Clark tie

                    230.0

                           Henderson substation

                    230.0

                           Mead substation

                    230.0

 

                                    Location

               Kilovolts

               Salt Lake City Area Integrated Projects

 

 

 

                           Amargosa substation

                    138.0

                           Boulder City tap

                    230.0

                           Clark tie

                    230.0

                           Henderson substation

                    230.0

                           Mead substation

                    230.0

                           Pinnacle Peak/Rogers substation

                    230.0

 

     2.  Delivery will be made at designated points on Western’s “Parker-Davis Project Southern Nevada Facilities” at rates of delivery not to exceed the available capability of the facilities. The designated points of delivery and Western’s “Parker-Davis Project Southern Nevada Facilities” may be modified as required.

     3.  The designation of a point of delivery does not imply any obligation on the Commission’s part to furnish additional facilities or to increase the capabilities of transmission or of the transformer at the designated points. Each contractor must obtain the permission of the Commission for any modification to existing facilities and alternate or additional points of delivery. Requests for taps on Western’s “Parker-Davis Project Southern Nevada Facilities” will be considered by the Commission individually.

     4.  Any cost associated with obtaining points of delivery or voltage at other than those set forth in subsection 1 is the obligation of the contractor.

     5.  Power from the Boulder Canyon Project will be delivered at the Mead substation. If a contractor cannot accept delivery of power from the Boulder Canyon Project at the Mead substation, arrangements for transmission service to other points of delivery are the obligation of the contractor.

     6.  Notwithstanding the provisions of this section, the Commission may designate any other points of delivery and voltages for points of delivery for the marketing area for the Boulder Canyon Project, Parker-Davis Project and Salt Lake City Area Integrated Projects.

     (Added to NAC by Colorado River Comm’n, eff. 9-13-85; A 12-17-87; R123-00, 2-15-2001; R108-06, 6-28-2006; R148-13, 6-23-2014)

     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 meters and then increasing that load by an assigned factor for losses, back to the contractual point of delivery or by using other methods agreed to by the Commission and the contractor.

     3.  The assigned factor for losses will be reviewed periodically by the Commission and may be increased or decreased if it is determined to be necessary to meet actual losses.

     (Added to NAC by Colorado River Comm’n, eff. 9-13-85; A 12-17-87)

     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 metering the load.

     2.  The contractor is financially responsible for acquiring any rights of transmission between its designated point of receipt and its points for metering the load.

     3.  A charge for transmission may be imposed on deliveries of power from the Boulder Canyon Project, Parker-Davis Project or Salt Lake City Area Integrated Projects to the contractor’s designated points of receipt.

     (Added to NAC by Colorado River Comm’n, eff. 9-13-85; A 12-17-87; R123-00, 2-15-2001)

Allocation of Marketable Long-Term Capacity and Energy

     NAC 538.680  Division of resources into pools. (NRS 538.181, 538.201)  The marketable long-term capacity and energy from the Commission’s share of power from the Boulder Canyon Project, Parker-Davis Project and Salt Lake City Area Integrated Projects are divided into three pools as set forth in NAC 538.690 to 538.740, inclusive.

     (Added to NAC by Colorado River Comm’n, eff. 9-13-85; A 11-24-87; 12-17-87; 2-18-88; R123-00, 2-15-2001)

     NAC 538.690  Pool 1: Applicable resource; allocation. [Effective through September 30, 2017.] (NRS 538.181, 538.201)

     1.  Pool 1 consists of a total of 377,000 kilowatts of capacity and 1,057,989,000 kilowatt-hours of energy from the following sources of the Boulder Canyon Project:

 

                           Schedule A

 

                        Schedule B

Capacity (KW)

   Energy (KWH)

 

Capacity (KW)

Energy (KWH)

            189,000

     645,989,000

 

          188,000

   412,000,000

 

     2.  This resource is reserved for allocation to the named entities as follows:

 

Hoover Capacity and Energy

 

 

 

Contractors

Schedule A

Schedule B

 

Capacity (KW)

Energy (KWH)

Capacity (KW)

Energy (KWH)

 

 

 

 

 

American Pacific Corp.

10,625

49,952,389

0

0

Basic Water Co.

4,827

9,738,148

0

0

Boulder City

0

0

8,500

17,870,400

Chemical Lime Co.

382

2,164,033

0

0

Lincoln County Power District No. 1

4,828

20,726,814

21,339

77,521,529

Nevada Power Company

100,232

240,098,311

135,000

283,824,000

Overton Power District No. 5

6,507

27,936,142

13,007

20,946,270

Southern Nevada Water Authority

15,207

75,200,137

0

0

Titanium Metals Corp.

21,397

113,070,710

0

0

Tronox LLC

17,649

75,561,510

0

0

Valley Electric Association

7,346

31,540,806

10,154

11,837,801

 

 

 

 

 

Totals

189,000

645,989,000

188,000

412,000,000

 

     (Added to NAC by Colorado River Comm’n, eff. 9-13-85; A 11-24-87; R123-00, 2-15-2001; R108-06, 6-28-2006)

     NAC 538.690  Pool 1: Applicable resource; allocation. [Effective October 1, 2017.] (NRS 538.181, 538.201)

     1.  Pool 1 consists of a total of 392,239 kilowatts of capacity and 1,032,202,000 kilowatt-hours of energy from the following sources of the Boulder Canyon Project:

 

Schedule A

Schedule B

Schedule D

Capacity (KW)

Energy (KWH)

Capacity (KW)

Energy (KWH)

Capacity (KW)

Energy (KWH)

190,869

613,689,000

189,860

391,400,000

11,510

25,113,000

 

     2.  The resource specified for Schedule A and Schedule B is reserved for allocation to the named entities as follows:

 

Hoover Capacity and Energy

 

 

 

Contractors

Schedule A

Schedule B

 

Capacity (KW)

Energy (KWH)

Capacity (KW)

Energy (KWH)

 

 

 

 

 

American Pacific Corp.

10,730

47,454,729

0

0

Basic Water Co.

4,874

9,251,239

0

0

Boulder City

0

0

8,584

16,976,897

Chemical Lime Co.

386

2,055,858

0

0

Lincoln County Power District No. 1

4,876

19,690,457

21,550

73,645,433

Nevada Power Company

101,223

228,093,166

136,336

269,632,798

Overton Power District No. 5

6,571

26,539,288

13,136

19,898,972

Southern Nevada Water Authority

15,357

71,440,089

0

0

Titanium Metals Corp.

21,609

107,417,054

0

0

Tronox LLC

17,824

71,783,386

0

0

Valley Electric Association

7,419

29,963,734

10,254

11,245,900

 

 

 

 

 

Totals

190,869

613,689,000

189,860

391,400,000

 

     3.  The resource specified for Schedule D is reserved for allocation to new allottees as follows:

 

Contractors

Schedule D

 

Capacity (KW)

Energy (KWH)

 

 

 

New Allottees

11,510

25,113,000

 

     (Added to NAC by Colorado River Comm’n, eff. 9-13-85; A 11-24-87; R123-00, 2-15-2001; R108-06, 6-28-2006; R148-13, 6-23-2014, eff. 10-1-2017)

     NAC 538.700  Pool 2: Applicable resource; allocation. (NRS 538.181, 538.201)  Pool 2 consists of power from the Parker-Davis Project in the amounts of 56,560 kilowatts of capacity and 194,622,960 kilowatt-hours of energy in the summer season and 40,752 kilowatts of capacity and 69,400,656 kilowatt-hours of energy in the winter season. This resource is reserved for allocation as firm and withdrawable power to the named entities as follows:

 

Parker-Davis Capacity in KW

 

 

 

 

 

 

 

 

Summer Season

 

Winter Season

 

Contractors1

Firm

Withdrawable

Total

Firm

Withdrawable

Total

 

 

 

 

 

 

 

BWC

    2,756

          245

     3,001

        1,972

          144

      2,116

CL

       218

            19

         237

            156

            12

         168

OPD

    4,497

               0

     4,497

        3,667

               0

      3,667

SNWA

    8,684

          772

     9,456

        6,216

          455

      6,671

TM

12,217

       1,087

   13,304

        8,747

          640

      9,387

TR

16,144

       1,437

   17,581

      11,557

          846

   12,403

VEA

    8,484

               0

     8,484

        6,340

               0

      6,340

Totals

53,000

       3,560

   56,560

      38,655

       2,097

   40,752

 

Parker-Davis Energy in KWH

 

 

 

 

 

 

 

 

 

Summer Season

Winter Season

 

Contractors1

Firm

Withdrawable

Total

Firm

Withdrawable

Total

Annual

 

 

 

 

 

 

 

 

BWC

4,086,020

           366,278

     4,452,298

    1,480,866

      106,780

  1,587,646

6,039,944

CL

908,005

             81,395

        989,400

       329,081

        23,729

      352,810

1,342,210

OPD

16,160,671

                       0

  16,160,671

    5,762,738

                  0

  5,762,738

21,923,409

SNWA

31,553,153

       2,828,479

  34,381,632

  11,435,579

      824,577

12,260,156

46,641,788

TM

47,443,230

       4,252,893

  51,696,123

  17,194,503

  1,239,832

18,434,335

70,130,458

TR

52,664,254

       4,720,915

  57,385,169

  19,086,721

  1,376,273

20,462,994

77,848,163

VEA

29,557,667

                       0

  29,557,667

  10,539,977

                  0

10,539,977

40,097,644

Totals

182,373,000

     12,249,960

194,622,960

  65,829,465

  3,571,191

69,400,656

264,023,616

 

1Key:

BWC

=

Basic Water Co.

 

CL

=

Chemical Lime Co.

 

OPD

=

Overton Power District No. 5

 

SNWA

=

Southern Nevada Water Authority

 

TM

=

Titanium Metals Corp.

 

TR

=

Tronox LLC

 

VEA

=

Valley Electric Association

 

     (Added to NAC by Colorado River Comm’n, eff. 9-13-85; A 11-24-87; R123-00, 2-15-2001; R108-06, 6-28-2006; R108-06, 6-28-2006, eff. 10-1-2008)

     NAC 538.730  Pool 3: Applicable resource; allocation. (NRS 538.181, 538.201)  Pool 3 consists of power from the Salt Lake City Area Integrated Projects, at Pinnacle Peak, in the amounts of 20,851 kilowatts of capacity and 46,054,700 kilowatt-hours of energy in the summer season and 27,414 kilowatts of capacity and 61,011,134 kilowatt-hours of energy in the winter season. This resource is reserved for allocation to the named entities as follows:

 

Salt Lake City Area Integrated Projects

Capacity and Energy

 

 

Summer Season

Winter Season

Contractor1

Capacity(KW)

Energy(KWH)

Capacity(KW)

Energy(KWH)

 

 

 

 

 

Ampac

          2,756

     6,086,817

         3,623

       8,063,533

BC

          5,537

   12,228,710

         7,279

     16,200,029

OPD

          6,279

   13,869,586

         8,256

     18,373,786

VEA

          6,279

   13,869,587

         8,256

     18,373,786

     Totals

        20,851

   46,054,700

       27,414

     61,011,134

 

 

1Key:       Ampac  =    American Pacific Corporation

                BC        =    Boulder City

                OPD     =    Overton Power District No. 5

                VEA     =    Valley Electric Association

 

     (Added to NAC by Colorado River Comm’n, eff. 12-17-87; A 2-18-88; R123-00, 2-15-2001; R108-06, 6-28-2006)

     NAC 538.740  Pool 3: Sharing increase or decrease in available power. (NRS 538.181, 538.201)  Any increase or decrease in the amount of power available to the Commission from the Salt Lake City Area Integrated Projects must be shared by the contractors according to the following percentages:

 

          American Pacific Corporation

13.21649485

          Boulder City

26.55257732

          Overton Power District No. 5

30.11546391

          Valley Electric Association

30.11546392

 

     (Added to NAC by Colorado River Comm’n, eff. 2-18-88; A by R123-00, 2-15-2001)

Contractors

     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 pursuant to this section.

     2.  During October in each operating year, and at any other time it deems necessary, the Commission will conduct a review to determine the creditworthiness of each of its contractors.

     3.  After the creditworthiness review conducted pursuant to subsection 2, the Commission will establish the amount of collateral which a contractor is required to furnish and prescribe the manner in which the contractor is required to furnish that collateral pursuant to its contracts with the Commission. In no case will the amount of collateral established by the Commission be less than one-fourth of the contractor’s gross annual purchases. The Commission will not require any of the following to furnish collateral:

     (a) A federal or state agency or political subdivision.

     (b) The Nevada Power Company or any other entity regularly engaged in the business of buying and selling electric power.

     4.  In addition to requiring a contractor to furnish collateral pursuant to subsection 3, the Commission may require a contractor to make payments to a cash working capital fund established by the Commission or prepay for power purchased from the Commission in accordance with requirements established by the Commission, or both, as deemed necessary by the Commission to:

     (a) Reflect the results of the creditworthiness review conducted pursuant to subsection 2;

     (b) Implement sound risk management policies; and

     (c) Protect the financial health of the Commission and the State of Nevada.

     5.  If a contractor does not provide and maintain the full amount of the collateral required by subsection 3 or make payments to a cash working capital fund as required by the Commission pursuant to subsection 4, the Commission may, in addition to its other remedies and in the course of its normal invoicing, bill the contractor for an amount necessary to furnish the required collateral or fund working capital within a period established by the Commission, but not to exceed 6 months.

     6.  Notwithstanding any other provision of NAC 538.340 to 538.746, inclusive, if a contractor fails to provide and maintain the full amount of required collateral within the period authorized by the Commission, fails to make payments to a cash working capital fund as required by the Commission or fails to comply in a timely manner with any prepayment requirements established by the Commission, the Commission may at any time require a contractor to furnish collateral within 30 days after written demand in an amount that is greater than the minimum amount set forth in subsection 3, as may be necessary to protect the State of Nevada from any loss that it might suffer as a result of the contractor’s breach of any covenant or condition of any contract with the Commission. That amount of the collateral which is greater than the minimum amount set forth in subsection 3 will be calculated on any rational and appropriate basis as determined by the Commission.

     7.  As used in this section:

     (a) “Date of review” means the date in any operating year on which the Commission establishes the amount of collateral a contractor must furnish pursuant to its contracts with the Commission.

     (b) “Gross annual purchases” means the total amount of a contractor’s actual purchases of power, transmission and other related services, if any, under all its contracts with the Commission, invoiced by the Commission during the test period.

     (c) “Test period” means the 12 consecutive months immediately preceding the month containing the date of review.

     (Added to NAC by Colorado River Comm’n by R112-02, eff. 9-20-2002; A by R148-13, 6-23-2014)

     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 obligations under any of its contracts with the Commission, including, without limitation, any agreement confirming the purchase of supplemental power from any source, and the Executive Director determines that the failure or refusal may expose the Commission to liability or expose this State to financial risk, the Executive Director shall provide written notice of the nonperformance to the contractor.

     2.  If the contractor fails or refuses to cure the nonperformance within 15 days after the date of the written notice, the Executive Director may, after giving 3 days’ notice in writing to the contractor, suspend the contractor’s allocation of hydroelectric power under NAC 538.340 to 538.746, inclusive, and discontinue furnishing electric service specified in its contracts with the contractor pending any further action taken by the Commission pursuant to this section.

     3.  After the suspension of the contractor’s allocation of hydroelectric power pursuant to subsection 2, the Executive Director may reallocate the power to any other contractor or contractors on a short-term basis. A contractor receiving an allocation of power pursuant to this subsection shall comply with all terms and conditions applicable to that power under the contract between the Commission and the contractor whose allocation was suspended.

     4.  Within 30 days after the suspension of the contractor’s allocation of hydroelectric power, the contractor may petition the Commission for the reinstatement of the allocation. The Commission will hold a hearing on the petition within 10 days after providing notice of the hearing as required by NAC 538.075 to 538.336, inclusive.

     5.  If the contractor fails to file a petition for reinstatement in a timely manner or if, after a hearing on such a petition, the Commission denies the petition, the Commission may permanently terminate the contractor’s allocation of hydroelectric power and permanently discontinue electric service to the contractor.

     6.  Upon the permanent termination of a contractor’s allocation of hydroelectric power, the Commission will reallocate the hydroelectric power pursuant to NAC 538.450 and 538.455.

     7.  This section does not preclude the Commission from pursuing at any time any other remedy for breach of contract that is available to the Commission.

     (Added to NAC by Colorado River Comm’n by R112-02, eff. 9-20-2002; A by R148-13, 6-23-2014)

WATER OF THE COLORADO RIVER

Federal Contracts for Delivery of Water

     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 the Colorado River described as follows:

     1.  The uncommitted remainder of the State’s apportionment of the water pursuant to federal law.

     2.  Any amount of water available because of the expiration of federal contracts for the delivery of water of the Colorado River with users in this State.

     3.  Any surplus of water which the State is entitled to receive by law.

     4.  Any amount of water which is temporarily available because persons who hold rights to that water are not using their whole entitlements.

     (Added to NAC by Colorado River Comm’n, eff. 8-12-91)

     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 of municipal and industrial water.

     (Added to NAC by Colorado River Comm’n, eff. 8-12-91)

     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)

     NAC 538.765  Required and prohibited uses of water. (NRS 538.181, 538.201)

     1.  The water must be put exclusively to municipal and industrial uses.

     2.  The Commission should not approve an allocation for water for a specific development or industrial use.

     3.  The proposed use must not conflict with existing rights or threaten to prove detrimental to the public interest.

     (Added to NAC by Colorado River Comm’n, eff. 8-12-91)

     NAC 538.770  Access to adequate facility for transportation of water. (NRS 538.181, 538.201)

     1.  The applicant must have access or demonstrate that it will be able to obtain access to a facility which is adequate to transport the water requested from the proposed point of diversion to the proposed place of use.

     2.  If the facility has not been constructed or is not in operation when the application is submitted to the Commission, the applicant must demonstrate:

     (a) Its ability to finance the construction of the facility; and

     (b) That the facility will be constructed and in operation at such time as to ensure the applicant’s present or future demand for the water.

     (Added to NAC by Colorado River Comm’n, eff. 8-12-91)

     NAC 538.775  Program for conservation of water. (NRS 538.181, 538.201)  The applicant, or if the applicant includes more than one entity, each entity which is a public supplier of municipal and industrial water must have established and be able to carry out a program for the conservation of water which complies with the applicable ordinances and state and federal laws when the contract for the delivery of water is executed. The program must be approved by the governmental body which has jurisdiction over the program.

     (Added to NAC by Colorado River Comm’n, eff. 8-12-91)

     NAC 538.780  Factors Commission required to consider. (NRS 538.181, 538.201)  The Commission will consider the extent to which:

     1.  The applicant will be able to make the water delivered pursuant to the contract available for return to the Colorado River.

     2.  Other sources of water are available to the applicant for the uses proposed.

     (Added to NAC by Colorado River Comm’n, eff. 8-12-91)

     NAC 538.785  Factors Commission authorized to consider. (NRS 538.181, 538.201)  The Commission may consider any other factors relevant to an examination of an application for water of the Colorado River.

     (Added to NAC by Colorado River Comm’n, eff. 8-12-91)

     NAC 538.790  Rejection of application which conflicts with state or federal statute or contract. (NRS 538.181, 538.201)  The Commission will reject any part of an application which conflicts with any state or federal statute or contract.

     (Added to NAC by Colorado River Comm’n, eff. 8-12-91)

     NAC 538.795  Recommendations to Secretary of the Interior. (NRS 538.181, 538.201)  The Commission may, with respect to any application, recommend to the Secretary of the Interior such terms and conditions for a federal contract for the delivery of water of the Colorado River as it determines to be appropriate.

     (Added to NAC by Colorado River Comm’n, eff. 8-12-91)

Original Appropriations of Water

     NAC 538.800  Filing of applications regarding original appropriations. (NRS 538.171, 538.181, 538.201)  An application for an original appropriation of water held in trust for the State of Nevada by the Colorado River Commission of Nevada pursuant to subsection 1 of NRS 538.171, or to change the place of diversion, manner of use or place of use of water covered by the original appropriation, may be made in a letter filed with the Commission or on a form provided by the Commission. The application must be filed with the Commission in person or by mail or facsimile machine.

     (Added to NAC by Colorado River Comm’n, eff. 8-12-91)

     NAC 538.805  Application for original appropriation: Contents. (NRS 538.171, 538.181, 538.201)  An application for an original appropriation of water of the Colorado River must include:

     1.  The name and address of the applicant.

     2.  A request for a contract with the Commission and the Secretary of the Interior for the delivery of the water and a statement declaring that the applicant is ready, willing and legally able to enter into the contract.

     3.  An identification of the amount of water requested and a statement declaring that there is unappropriated water legally available to the State of Nevada from the Colorado River in the amount requested by the applicant.

     4.  An explanation of the applicant’s need for the water, including data which quantifies its present and future demand for that water to the extent that the demand can be reasonably determined.

     5.  A description of the points and means of diversion and the metering of the water including:

     (a) A substantially accurate description of the location where the water is proposed to be diverted and metered; and

     (b) A description of each facility which will transport the water requested from the proposed point of diversion to the proposed place of use and the name of the owner and operator of that facility. If the facility is not constructed and in operation at the time the application is submitted to the Commission, the application must include a description of the applicant’s ability to finance construction, operation and maintenance of that facility, and include a statement of the estimated date when it will be completed and in operation.

     6.  A statement specifying the proposed place of use and whether it is located within the service area of a public supplier of municipal and industrial water. If the applicant is a public supplier of municipal and industrial water or a group of such suppliers, the application must include a description of the area served by the supplier or the group, where the water is proposed to be used. If the applicant is not a public supplier of municipal and industrial water or a group of such suppliers, the application must include an accurate description of the property where the water is proposed to be used and the name of the owner and, if applicable, the lessee of the property.

     7.  A description of the use to which the water is proposed to be put and a statement whether the proposed use:

     (a) Is a beneficial use under the laws of this State.

     (b) Conflicts with existing rights or with any state or federal statute or contract.

     (c) Threatens to prove detrimental to the public interest.

     8.  The estimated date the water will be applied to the proposed use and a schedule of the projected use of that water, if applicable.

     9.  A statement whether the applicant, or if the applicant includes more than one entity, each entity which is a public supplier of municipal and industrial water, will have, at the time the contract for the delivery of water is executed, established and be able to carry out a program for the conservation of the water available to the applicant or each such entity. The program must comply with all applicable ordinances and state and federal laws, and must be approved by the governmental body which has jurisdiction over the program.

     10.  A description of the extent to which the applicant will be able to make the water delivered pursuant to the contract available for return to the Colorado River. If any of the water will be available for return to the Colorado River, the application must provide an accurate description of the location where the water will be returned and metered and identify the method for the return of that water. The application must also include any available information concerning the subsurface flows of the water which is returned to the Colorado River.

     11.  An identification of any other sources of water available to the applicant for the uses proposed and at the proposed place of use.

     12.  A description of the applicant’s ability to comply with the applicable requirements of the National Environmental Policy Act of 1969, 42 U.S.C. §§ 4321 et seq., as amended, and any other applicable environmental laws and regulations.

     (Added to NAC by Colorado River Comm’n, eff. 8-12-91)

     NAC 538.810  Application to change place of diversion, manner of use or place of use: Contents. (NRS 538.171, 538.181, 538.201)  An application to change the place of diversion, manner of use or place of use of water covered by an original appropriation of the water of the Colorado River must include:

     1.  The name and address of the applicant.

     2.  An identification of the contract which the applicant entered into with the Commission and the Secretary of the Interior for the original appropriation of the water of the Colorado River.

     3.  A description of the change in the place of diversion, manner of use or place of use of the water covered by the original appropriation by identifying the present place of diversion or the manner or place of use and:

     (a) If the change is in the place of diversion, an accurate description of the location of the place where the water is proposed to be diverted and metered.

     (b) If the change is in the manner of use, a description of the proposed manner of use and a statement whether the proposed use:

          (1) Is a beneficial use under the laws of this State.

          (2) Conflicts with existing rights or with state or federal statutes or contracts.

          (3) Threatens to prove detrimental to the public interest.

          (4) Affects the applicant’s ability to make the water delivered pursuant to the contract available for return to the Colorado River.

     (c) If the change is in the place of use, a statement which specifies the proposed place of use and describes each facility which will transport the water to the applicant’s proposed place of use. If the facility is not constructed and in operation at the time the application is submitted to the Commission, the application must include a description of the applicant’s ability to finance the construction, operation and maintenance of the facility and a statement which sets forth the date when it will be completed and in operation.

     (d) If the change is in the manner of use or place of use, the application must include the estimated date when the water will be applied to the proposed use and a schedule of the projected use of that water, if applicable.

     (e) A description of the applicant’s ability to comply with any applicable requirements of the National Environmental Policy Act of 1969, 42 U.S.C. §§ 4321 et seq., as amended, and any other applicable environmental laws and regulations.

     (Added to NAC by Colorado River Comm’n, eff. 8-12-91)

     NAC 538.815  Submission of additional information concerning application. (NRS 538.171, 538.181, 538.201)

     1.  The Commission may require an applicant to submit such additional information as it deems necessary for an examination of the application.

     2.  An applicant may submit additional information concerning its application until the Commission submits its recommendation concerning the application to the Secretary of the Interior of the United States.

     (Added to NAC by Colorado River Comm’n, eff. 8-12-91)

     NAC 538.820  Availability, inspection and copying of applications, objections and comments. (NRS 538.171, 538.181, 538.201)

     1.  The Commission shall make the applications and any objections to or comments concerning the applications which are filed with the Commission available for inspection or copying during the business hours of the Commission.

     2.  Any person who wishes to receive a copy of those applications, objections, comments or any public notices related thereto must notify the Commission. The Executive Director of the Commission may charge a fee to cover the cost to copy those materials.

     (Added to NAC by Colorado River Comm’n, eff. 8-12-91)

     NAC 538.825  Application, amendment or supplement filed before August 12, 1991. (NRS 538.171, 538.181, 538.201)  Any application or amendment or supplement thereto described in NAC 538.800 which is filed with the Commission before August 12, 1991, shall be deemed to be complete and in compliance with the provisions of NAC 538.800 to 538.830, inclusive, if:

     1.  It complied with the procedural requirements of the Commission in effect at the time it was filed with the Commission and the application contains information which is substantially similar to the information required by NAC 538.805 or 538.810; or

     2.  A contract for the delivery of water was executed by the applicant and the Secretary of the Interior of the United States or the Commission as a result of the application.

     (Added to NAC by Colorado River Comm’n, eff. 8-12-91)

     NAC 538.830  Applicability of provisions to applications for extensions of certain contracts for delivery of water. (NRS 538.171, 538.181, 538.201)

     1.  Except as otherwise provided in this section, the provisions of NAC 538.800 to 538.830, inclusive, apply to an application for the extension of a contract for the delivery of water of the Colorado River which expires or terminates on a day certain.

     2.  The application must contain the information required by NAC 538.805, except for the purposes of subsection 2 of that section, the request must be for an extension of the existing contract for the delivery of water.

     3.  If the application for an extension of a contract for the delivery of water of the Colorado River includes a request for a change in the place of diversion, manner of use or place of use of the water covered by the contract, the application must also contain the information for that change required by NAC 538.810.

     (Added to NAC by Colorado River Comm’n, eff. 8-12-91)