704.7828 - Regulations; enforcement; administrative fines.
704.7828 Regulations; enforcement; administrative fines.
1. The Commission shall adopt regulations to carry out and enforce the provisions of NRS 704.7801 to 704.7828, inclusive. The regulations adopted by the Commission may include any enforcement mechanisms which are necessary and reasonable to ensure that each provider of electric service complies with its portfolio standard. Such enforcement mechanisms may include, without limitation, the imposition of administrative fines.
2. If a provider exceeds the portfolio standard for any calendar year, the Commission shall authorize the provider to carry forward to subsequent calendar years for the purpose of complying with the portfolio standard for those subsequent calendar years any excess kilowatt-hours of electricity that the provider generates, acquires or saves from portfolio energy systems or efficiency measures.
3. If a provider does not comply with its portfolio standard for any calendar year and the Commission has not exempted the provider from the requirements of its portfolio standard pursuant to NRS 704.7821 or 704.78213, the Commission:
(a) Shall require the provider to carry forward to subsequent calendar years the amount of the deficiency in kilowatt-hours of electricity that the provider does not generate, acquire or save from portfolio energy systems or efficiency measures during a calendar year in violation of its portfolio standard; and
(b) May impose an administrative fine against the provider or take other administrative action against the provider, or do both.
4. The Commission may impose an administrative fine against a provider based upon:
(a) Each kilowatt-hour of electricity that the provider does not generate, acquire or save from portfolio energy systems or efficiency measures during a calendar year in violation of its portfolio standard; or
(b) Any other reasonable formula adopted by the Commission.
5. In the aggregate, the administrative fines imposed against a provider for all violations of its portfolio standard for a single calendar year must not exceed the amount which is necessary and reasonable to ensure that the provider complies with its portfolio standard, as determined by the Commission.
6. If the Commission imposes an administrative fine against a utility provider:
(a) The administrative fine is not a cost of service of the utility provider;
(b) The utility provider shall not include any portion of the administrative fine in any application for a rate adjustment or rate increase; and
(c) The Commission shall not allow the utility provider to recover any portion of the administrative fine from its retail customers.
7. All administrative fines imposed and collected pursuant to this section must be deposited in the State General Fund.
(Added to NRS by 2001, 2530; A 2005, 22nd Special Session, 85; 2009, 999)