REQUIRES TWO-THIRDS MAJORITY VOTE (§§ 8, 9, 15)     

                                                  (Reprinted with amendments adopted on April 9, 2003)

 

Assembly Bill No. 32–Committee on Commerce and Labor

 

(On Behalf of the Legislative Committee on Local Government Taxes and Finance)

 

Prefiled January 30, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Revises certain provisions governing public utilities, alternative sellers, providers of discretionary natural gas service and eligible customers. (BDR 58‑626)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to energy; prohibiting the disclosure of certain information concerning alternative sellers, providers of discretionary natural gas service and eligible customers; requiring certain public utilities, alternative sellers, providers of discretionary natural gas service and eligible customers to keep uniform and detailed accounts of all applicable business transacted in this state and to furnish an annual report to the Commission and affected governmental entities; imposing a civil penalty against an alternative seller, provider of discretionary natural gas service or eligible customer who violates certain provisions; requiring an eligible customer and a customer of a public utility, alternative seller and provider of discretionary natural gas service to pay certain taxes, fees and assessments relating to the purchase of natural gas or energy, capacity or ancillary services under certain circumstances; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

2-1  Section 1. 703.010 is hereby amended to read as follows:

2-2  703.010  As used in this chapter, unless the context otherwise

2-3  requires:

2-4  1.  “Affected governmental entity” means a governmental

2-5  entity for which a tax, fee or assessment is collected pursuant to

2-6  section 8, 9 or 15 of this act.

2-7  2.  “Alternative seller” means a person who sells any

2-8  competitive, discretionary or potentially competitive component of

2-9  natural gas service pursuant to NRS 704.993 to 704.999, inclusive.

2-10      [2.] 3. “Commission” means the Public Utilities Commission

2-11  of Nevada.

2-12      4.  “Eligible customer” has the meaning ascribed to it in

2-13  NRS 704B.080.

2-14      Sec. 2.  NRS 703.190 is hereby amended to read as follows:

2-15      703.190  1.  Except as otherwise provided in this section, all

2-16  biennial reports, records, proceedings, papers and files of the

2-17  Commission must be open at all reasonable times to the public.

2-18      2.  The Commission shall, upon receipt of a request from a

2-19  public utility, alternative seller, provider of discretionary natural

2-20  gas service or eligible customer, prohibit the disclosure of any

2-21  applicable information in [its] the possession of the Commission or

2-22  an affected governmental entity concerning the public utility ,

2-23  alternative seller, provider of discretionary natural gas service or

2-24  eligible customer, if the Commission determines that the

2-25  information would otherwise be entitled to protection as a trade

2-26  secret or confidential commercial information pursuant to NRS

2-27  49.325 or 600A.070 or Rule 26(c)(7) of the Nevada Rules of Civil

2-28  Procedure. Upon making such a determination, the Commission

2-29  shall establish the period during which the information must not be

2-30  disclosed and a procedure for protecting the information during and

2-31  after that period.

2-32      Sec. 3.  NRS 703.191 is hereby amended to read as follows:

2-33      703.191  1.  Each public utility that is regulated by the

2-34  Commission or elects to be regulated under an alternative plan of

2-35  regulation pursuant to NRS 704.997, and each alternative seller,

2-36  provider of discretionary natural gas service and eligible customer

2-37  shall:

2-38      (a) Keep uniform and detailed accounts of all applicable

2-39  business transacted in this state [in the manner] as required by the

2-40  Commission by regulation, and render them to the Commission or

2-41  an affected governmental entity upon its request.

2-42      (b) Furnish an annual report to the Commission and each

2-43  affected governmental entity in the form and detail which [it] the

2-44  Commission prescribes by regulation.

3-1  2.  The reports required by this section must be prepared for

3-2  each calendar year and submitted not later than May 15 of the year

3-3  following the year for which the report is submitted.

3-4  3.  If the Commission or an affected governmental entity finds

3-5  that necessary information is not contained in a report submitted

3-6  pursuant to this section, [it] the Commission or affected

3-7  governmental entity may call for the omitted information at any

3-8  time.

3-9  Sec. 4.  NRS 703.195 is hereby amended to read as follows:

3-10      703.195  1.  Except as otherwise provided in subsection 2, any

3-11  Commissioner , [or] any officer or employee of the Commission

3-12  who is designated by the Commission, or any officer or employee

3-13  of an affected governmental entity who is designated by the

3-14  affected governmental entity may examine during regular business

3-15  hours the books, accounts, records, minutes, papers and property of

3-16  any public utility , alternative seller, provider of discretionary

3-17  natural gas service or eligible customer who does business in this

3-18  state, regardless of whether [or not] the book, account, record,

3-19  minutes, paper or property is located within this state.

3-20      2.  No personnel records of an employee may be examined

3-21  pursuant to subsection 1 unless the records contain information

3-22  relating to a matter of public safety or the Commission determines

3-23  that the examination is required to protect the interests of the public.

3-24      3.  As used in this section, “personnel records” does not

3-25  include:

3-26      (a) The name of the employee who is the subject of the record;

3-27      (b) The gross compensation and perquisites of the employee;

3-28      (c) Any record of the business expenses of the employee;

3-29      (d) The title or any description of the position held by the

3-30  employee;

3-31      (e) The qualifications required for the position held by the

3-32  employee;

3-33      (f) The business address of the employee;

3-34      (g) The telephone number of the employee at his place of

3-35  business;

3-36      (h) The work schedule of the employee;

3-37      (i) The date on which the employee began his employment; and

3-38      (j) If applicable, the date on which the employment of the

3-39  employee was terminated.

3-40      Sec. 5.  NRS 703.196 is hereby amended to read as follows:

3-41      703.196  1.  Any books, accounts, records, minutes, papers

3-42  and property of any public utility , alternative seller, provider of

3-43  discretionary natural gas service or eligible customer that are

3-44  subject to examination pursuant to NRS 703.190 or 703.195 and are

3-45  made available to the Commission, any officer or employee of the

4-1  Commission, an affected governmental entity, any officer or

4-2  employee of an affected governmental entity, the Bureau of

4-3  Consumer Protection in the Office of the Attorney General or any

4-4  other person under the condition that the disclosure of such

4-5  information to the public be withheld or otherwise limited, must not

4-6  be disclosed to the public unless the Commission first determines

4-7  that the disclosure is justified.

4-8  2.  The Commission shall take such actions as are necessary to

4-9  protect the confidentiality of such information, including, without

4-10  limitation:

4-11      (a) Granting such protective orders as it deems necessary; and

4-12      (b) Holding closed hearings to receive or examine such

4-13  information.

4-14      3.  If the Commission closes a hearing to receive or examine

4-15  such information, it shall:

4-16      (a) Restrict access to the records and transcripts of such hearings

4-17  without the prior approval of the Commission or an order of a court

4-18  of competent jurisdiction authorizing access to the records or

4-19  transcripts; and

4-20      (b) Prohibit any participant at such a hearing from disclosing

4-21  such information without the prior authorization of the Commission.

4-22      4.  A representative of the regulatory operations staff of the

4-23  Commission and the Bureau of Consumer Protection:

4-24      (a) May attend any closed hearing held pursuant to this section;

4-25  and

4-26      (b) Have access to any records or other information determined

4-27  to be confidential pursuant to this section.

4-28      5.  The Commission shall consider in an open meeting whether

4-29  the information reviewed or examined in a closed hearing may be

4-30  disclosed without revealing the confidential subject matter of the

4-31  information. To the extent the Commission determines the

4-32  information may be disclosed, the information must become a part

4-33  of the records available to the public. Information which the

4-34  Commission determines may not be disclosed must be kept under

4-35  seal.

4-36      Sec. 6.  NRS 703.380 is hereby amended to read as follows:

4-37      703.380  1.  Unless another penalty is specifically provided,

4-38  any public utility , alternative seller, provider of discretionary

4-39  natural gas service or eligible customer, or any officer, agent or

4-40  employee of a public utility , alternative seller, provider of

4-41  discretionary natural gas service or eligible customer who:

4-42      (a) Violates any [of the provisions] applicable provision of this

4-43  chapter or [chapters] chapter 704, 704B, 705 [and] or 708 of NRS;

4-44      (b) Violates any rule or regulation of the Commission; or

5-1  (c) Fails, neglects or refuses to obey any order of the

5-2  Commission or any order of a court requiring compliance with an

5-3  order of the Commission,

5-4  is liable for a civil penalty not to exceed $1,000 per day for each day

5-5  of the violation and not to exceed $100,000 for any related series of

5-6  violations.

5-7  2.  The amount of any civil penalty to be imposed pursuant to

5-8  this section, and the propriety of any compromise of a penalty, must

5-9  be determined by a court of competent jurisdiction upon the

5-10  complaint of the Commission.

5-11      3.  Subject to the approval of the court, any civil penalty may be

5-12  compromised by the Commission. In determining the amount of the

5-13  penalty, or the amount agreed upon in compromise, the

5-14  appropriateness of the penalty to the size of the business of

5-15  the person charged, the gravity of the violation and the good faith of

5-16  the person charged in attempting to achieve compliance, after

5-17  notification of a violation, must be considered.

5-18      4.  Any penalty assessed pursuant to this section is not a cost of

5-19  service [by the] of a public utility and may not be included in any

5-20  new application by a public utility for a rate adjustment or rate

5-21  increase.

5-22      Sec. 7.  Chapter 704 of NRS is hereby amended by adding

5-23  thereto the provisions set forth as sections 8 and 9 of this act.

5-24      Sec. 8.  1.  Each provider of discretionary natural gas

5-25  service shall:

5-26      (a) Collect from each customer who is purchasing natural gas

5-27  from the provider of discretionary natural gas service any tax, fee

5-28  or assessment that would be due a governmental entity had the

5-29  customer continued to purchase natural gas from a public utility

5-30  that was regulated fully by the Commission pursuant to NRS

5-31  704.001 to 704.960, inclusive; and

5-32      (b) Remit any tax, fee or assessment collected pursuant to

5-33  paragraph (a) to the applicable governmental entity.

5-34      2.  Each person who is responsible for billing a customer who

5-35  is purchasing natural gas from a provider of discretionary natural

5-36  gas service shall ensure that the amount which the customer must

5-37  pay pursuant to this section is set forth as a separate item or entry

5-38  on each bill submitted to the customer.

5-39      3.  Upon petition by a governmental entity to which a tax, fee

5-40  or assessment must be remitted pursuant to this section, the

5-41  Commission may limit, suspend or revoke any license or other

5-42  authority conferred by the Commission upon a provider of

5-43  discretionary natural gas service if the Commission, after

5-44  providing an appropriate notice and hearing, determines that the

6-1  provider of discretionary natural gas service has failed to pay the

6-2  tax, fee or assessment.

6-3  Sec. 9.  1.  Each public utility that elects to be regulated

6-4  under an alternative plan of regulation pursuant to NRS 704.997

6-5  shall:

6-6  (a) Collect from each customer who is purchasing natural gas

6-7  from the public utility under the alternative plan of regulation any

6-8  tax, fee or assessment that would be due a governmental entity had

6-9  the customer continued to purchase natural gas from a public

6-10  utility that was regulated fully by the Commission pursuant to

6-11  NRS 704.001 to 704.960, inclusive; and

6-12      (b) Remit any tax, fee or assessment collected pursuant to

6-13  paragraph (a) to the applicable governmental entity.

6-14      2.  Each alternative seller shall:

6-15      (a) Collect from each customer who is purchasing natural gas

6-16  from the alternative seller any tax, fee or assessment that would be

6-17  due a governmental entity had the customer continued to purchase

6-18  natural gas from a public utility that was regulated fully by the

6-19  Commission pursuant to NRS 704.001 to 704.960, inclusive; and

6-20      (b) Remit any tax, fee or assessment collected pursuant to

6-21  paragraph (a) to the applicable governmental entity.

6-22      3.  Each person who is responsible for billing a customer who

6-23  is purchasing natural gas from a public utility under an

6-24  alternative plan of regulation or from an alternative seller shall

6-25  ensure that the amount which the customer must pay pursuant to

6-26  this section is set forth as a separate item or entry on each bill

6-27  submitted to the customer.

6-28      4.  Upon petition by a governmental entity to which a tax, fee

6-29  or assessment must be remitted pursuant to this section, the

6-30  Commission may limit, suspend or revoke any license or other

6-31  authority conferred by the Commission upon a public utility or

6-32  alternative seller if the Commission, after providing an

6-33  appropriate notice and hearing, determines that the public utility

6-34  or alternative seller has failed to pay the tax, fee or assessment.

6-35      Sec. 10.  NRS 704.635 is hereby amended to read as follows:

6-36      704.635  When a complaint has been filed with the Commission

6-37  alleging that a person is providing a service which requires a

6-38  certificate of public convenience and necessity, or when the

6-39  Commission has reason to believe that any provision of NRS

6-40  704.005 to 704.751, inclusive, and section 8 of this act is being

6-41  violated, the Commission shall investigate the operation and may,

6-42  after a hearing, issue an order requiring that the person cease and

6-43  desist from any operation in violation of NRS 704.005 to 704.751,

6-44  inclusive[.] , and section 8 of this act. The Commission shall

6-45  enforce the order under the powers vested in the Commission by

7-1  NRS 704.005 to 704.751, inclusive, and section 8 of this act or

7-2  other law.

7-3  Sec. 11.  NRS 704.640 is hereby amended to read as follows:

7-4  704.640  Except as otherwise provided in NRS 704.281 to

7-5  704.284, inclusive, any person who:

7-6  1.  Operates any public utility to which NRS 704.005 to

7-7  704.751, inclusive, and section 8 of this act and 704.993 to

7-8  704.999, inclusive, and section 9 of this act apply without first

7-9  obtaining a certificate of public convenience and necessity or in

7-10  violation of its terms;

7-11      2.  Fails to make any return or report required by NRS 704.005

7-12  to 704.751, inclusive, and section 8 of this act and 704.993 to

7-13  704.999, inclusive, and section 9 of this act or by the Commission

7-14  pursuant to NRS 704.005 to 704.751, inclusive, and section 8 of

7-15  this act and 704.993 to 704.999, inclusive [;] , and section 9 of this

7-16  act;

7-17      3.  Violates, or procures, aids or abets the violating of any

7-18  provision of NRS 704.005 to 704.751, inclusive, and section 8 of

7-19  this act and 704.993 to 704.999, inclusive [;] , and section 9 of this

7-20  act;

7-21      4.  Fails to obey any order, decision or regulation of the

7-22  Commission;

7-23      5.  Procures, aids or abets any person in his failure to obey the

7-24  order, decision or regulation; or

7-25      6.  Advertises, solicits, proffers bids or otherwise holds himself

7-26  out to perform as a public utility in violation of any of the

7-27  provisions of NRS 704.005 to 704.751, inclusive, and section 8 of

7-28  this act and 704.993 to 704.999, inclusive, and section 9 of this

7-29  act,

7-30  shall be fined not more than $500.

7-31      Sec. 12.  NRS 704.660 is hereby amended to read as follows:

7-32      704.660  1.  Any public utility which furnishes, for

7-33  compensation, any water for domestic purposes shall furnish each

7-34  city, town, village or hamlet which it serves with a reasonably

7-35  adequate supply of water at reasonable pressure for fire protection

7-36  and at reasonable rates, all to be fixed and determined by the

7-37  Commission.

7-38      2.  The duty to furnish a reasonably adequate supply of water

7-39  provided for in subsection 1 includes the laying of mains with all

7-40  necessary connections for the proper delivery of the water for fire

7-41  protection and also the installing of appliances to assure a

7-42  reasonably sufficient pressure for fire protection.

7-43      3.  The Commission may fix and determine reasonable rates

7-44  and prescribe all installations and appliances adequate for the proper

7-45  utilization and delivery of water for fire protection. The

8-1  Commission may adopt regulations and practices to be followed by

8-2  a utility in furnishing water for fire protection, and has complete

8-3  jurisdiction of all questions arising under the provisions of this

8-4  section.

8-5  4.  All proceedings under this section must be conducted

8-6  pursuant to NRS 703.320 to 703.370, inclusive, and 704.005 to

8-7  704.645, inclusive[.] , and section 8 of this act. All violations of

8-8  any order made by the Commission under the provisions of this

8-9  section are subject to the penalties for similar violations of the

8-10  provisions of NRS 704.005 to 704.645, inclusive[.] , and section 8

8-11  of this act.

8-12      5.  This section applies to and governs all public utilities

8-13  furnishing water for domestic use on March 26, 1913, unless

8-14  otherwise expressly provided in the charters, franchises or permits

8-15  under which those utilities are acting. Each public utility which

8-16  supplies water for domestic uses after March 26, 1913, is subject to

8-17  the provisions of this section, regardless of any conditions to the

8-18  contrary in any charter, franchise or permit of whatever character

8-19  granted by any county, city, town, village or hamlet within this state,

8-20  or of any charter, franchise or permit granted by any authority

8-21  outside this state.

8-22      Sec. 13.  NRS 704.993 is hereby amended to read as follows:

8-23      704.993  As used in NRS 704.993 to 704.999, inclusive, and

8-24  section 9 of this act, unless the context otherwise requires, the

8-25  words and terms defined in NRS 704.994, 704.995 and 704.996

8-26  have the meanings ascribed to them in those sections.

8-27      Sec. 14.  NRS 704.997 is hereby amended to read as follows:

8-28      704.997  1.  [Upon] Except as otherwise provided in this

8-29  section, upon the receipt of a specific request for an exemption by a

8-30  public utility that supplies natural gas, the Commission may, to the

8-31  extent it deems necessary, exempt any service offered by the public

8-32  utility from the strict application of one or more provisions of this

8-33  chapter. Such an exemption may be made only upon a determination

8-34  by the Commission, after notice and an opportunity for a hearing,

8-35  that the service is competitive, discretionary or potentially

8-36  competitive.

8-37      2.  The Commission shall adopt regulations necessary to

8-38  establish an alternative plan of regulation of a public utility that

8-39  supplies natural gas and that is otherwise subject to regulation

8-40  pursuant to the provisions of this chapter. The alternative plan may

8-41  include, but is not limited to, provisions that:

8-42      (a) Allow adjustment of the rates charged by the public utility

8-43  during the period in which the utility elects the alternative plan of

8-44  regulation.

9-1  (b) [Specify] Except as otherwise provided in this section,

9-2  specify the provisions of this chapter that do not apply to a public

9-3  utility which elects to be regulated under the alternative plan.

9-4  (c) Provide for flexibility of pricing for services that are

9-5  discretionary, competitive or potentially competitive.

9-6  3.  A public utility that elects to be regulated under the

9-7  alternative plan established pursuant to this section [is] :

9-8  (a) Remains subject to the provisions of NRS 704.033 and

9-9  704.035 and section 9 of this act; and

9-10      (b) Is not subject to the remaining provisions of this chapter to

9-11  the extent specified pursuant to this section.

9-12      4.  In providing a potentially competitive service, an affiliate of

9-13  a provider of a noncompetitive service may use the name or logo, or

9-14  both, of the provider of noncompetitive service.

9-15      5.  It is unlawful for an alternative seller to sell any service

9-16  relating to the supply of natural gas to a customer for his

9-17  consumption within this state without first having obtained a license

9-18  from the Commission to do so.

9-19      Sec. 15.  Chapter 704B of NRS is hereby amended by adding

9-20  thereto a new section to read as follows:

9-21      1.  If the Commission approves an application that is filed

9-22  pursuant to NRS 704B.310, the Commission shall order the

9-23  eligible customer to:

9-24      (a) Pay its share of the annual assessment levied pursuant to

9-25  NRS 704.033 to the Commission and the Bureau of Consumer

9-26  Protection in the Office of the Attorney General;

9-27      (b) Pay any other tax, fee or assessment that would be due a

9-28  governmental entity had the eligible customer continued to

9-29  purchase energy, capacity or ancillary services from the electric

9-30  utility; and

9-31      (c) Remit any tax, fee or assessment collected pursuant to

9-32  paragraph (b) to the applicable governmental entity.

9-33      2.  Each person or entity that is responsible for billing an

9-34  eligible customer shall ensure that the amount which the eligible

9-35  customer must pay pursuant to paragraph (b) of subsection 1 is set

9-36  forth as a separate item or entry on each bill submitted to the

9-37  eligible customer.

9-38      3.  Upon petition by a governmental entity to which a tax, fee

9-39  or assessment must be remitted pursuant to this section, the

9-40  Commission may limit, suspend or revoke any order issued to an

9-41  eligible customer by the Commission pursuant to NRS 704B.310

9-42  and 704B.320 if the Commission, after providing an appropriate

9-43  notice and hearing, determines that the eligible customer has

9-44  failed to pay the tax, fee or assessment.

 

10-1      Sec. 16.  NRS 704B.310 is hereby amended to read as follows:

10-2      704B.310  1.  An eligible customer that is purchasing electric

10-3  service from an electric utility shall not purchase energy, capacity or

10-4  ancillary services from a provider of new electric resources and an

10-5  eligible customer that is purchasing energy, capacity or ancillary

10-6  services from a provider of new electric resources shall not purchase

10-7  energy, capacity or ancillary services from another provider unless:

10-8      (a) The eligible customer files an application with the

10-9  Commission not later than 180 days before the date on which the

10-10  eligible customer intends to begin purchasing energy, capacity or

10-11  ancillary services from the provider; and

10-12     (b) The Commission approves the application by a written order

10-13  issued in accordance with the provisions of this section and

10-14  NRS 704B.320.

10-15  The date on which the eligible customer intends to begin purchasing

10-16  energy, capacity or ancillary services from the provider must not be

10-17  sooner than the date on which the provider is authorized by NRS

10-18  704B.300 to begin selling energy, capacity or ancillary services to

10-19  the eligible customer.

10-20     2.  Except as otherwise provided in subsection 3, each

10-21  application filed pursuant to this section must include:

10-22     (a) Information demonstrating that the person filing the

10-23  application is an eligible customer;

10-24     (b) Information demonstrating that the proposed provider will

10-25  provide energy, capacity or ancillary services from a new electric

10-26  resource;

10-27     (c) Information concerning the terms and conditions of the

10-28  proposed transaction that is necessary for the Commission to

10-29  evaluate the impact of the proposed transaction on customers and

10-30  the public interest, including, without limitation, information

10-31  concerning the duration of the proposed transaction and the amount

10-32  of energy, capacity or ancillary services to be purchased from the

10-33  provider; and

10-34     (d) Any other information required pursuant to the regulations

10-35  adopted by the Commission.

10-36     3.  Except as otherwise provided in NRS 704B.320, the

10-37  Commission shall not require the eligible customer or provider to

10-38  disclose:

10-39     (a) The price that is being paid by the eligible customer to

10-40  purchase energy, capacity or ancillary services from the provider; or

10-41     (b) Any other terms or conditions of the proposed transaction

10-42  that the Commission determines are commercially sensitive.

10-43     4.  The Commission shall provide public notice of the

10-44  application of the eligible customer and an opportunity for a hearing

11-1  on the application in a manner that is consistent with the provisions

11-2  of NRS 703.320 and the regulations adopted by the Commission.

11-3      5.  The Commission shall approve the application of the eligible

11-4  customer unless the Commission finds that the proposed transaction:

11-5      (a) Will be contrary to the public interest; or

11-6      (b) Does not comply with the provisions of NRS 704B.320, if

11-7  those provisions apply to the proposed transaction.

11-8      6.  In determining whether the proposed transaction will be

11-9  contrary to the public interest, the Commission shall consider,

11-10  without limitation:

11-11     (a) Whether the electric utility that has been providing electric

11-12  service to the eligible customer will be burdened by increased costs

11-13  as a result of the proposed transaction or whether any remaining

11-14  customer of the electric utility will pay increased costs for electric

11-15  service as a result of the proposed transaction;

11-16     (b) Whether the proposed transaction will impair system

11-17  reliability or the ability of the electric utility to provide electric

11-18  service to its remaining customers; and

11-19     (c) Whether the proposed transaction will add energy, capacity

11-20  or ancillary services to the supply in this state.

11-21     7.  If the Commission approves the application of the eligible

11-22  customer:

11-23     (a) The eligible customer shall not begin purchasing energy,

11-24  capacity or ancillary services from the provider pursuant to the

11-25  proposed transaction sooner than 180 days after the date on which

11-26  the application was filed; and

11-27     (b) The Commission shall order such terms, conditions and

11-28  payments as the Commission deems necessary and appropriate to

11-29  ensure that the proposed transaction will not be contrary to the

11-30  public interest. Such terms, conditions and payments:

11-31         (1) Must be fair and nondiscriminatory as between the

11-32  eligible customer and the remaining customers of the electric utility;

11-33  and

11-34         (2) Must include, without limitation[, payment] :

11-35             (I) Payment by the eligible customer to the electric utility

11-36  of the eligible customer’s load-share portion of any unrecovered

11-37  balance in the deferred accounts of the electric utility[.] ; and

11-38             (II) Payment by the eligible customer of the annual

11-39  assessment and any other tax, fee or assessment required by

11-40  section 15 of this act.

11-41     8.  If the Commission does not enter a final order on the

11-42  application of the eligible customer within 90 days after the date on

11-43  which the application was filed with the Commission:

11-44     (a) The application shall be deemed to be approved by the

11-45  Commission; and

12-1      (b) The eligible customer shall not begin purchasing energy,

12-2  capacity or ancillary services from the provider pursuant to the

12-3  proposed transaction sooner than 180 days after the date on which

12-4  the application was filed.

12-5      Sec. 17.  This act becomes effective on July 1, 2003.

 

12-6  H