NRS 704.085: Electric utility prohibited from making change in schedule or imposing rate which requires residential customer to purchase electric service based on time of usage; exceptions.

1. Except as otherwise provided in subsection 2, an electric utility shall not make changes in any schedule or impose any rate, and the Commission shall not approve any changes in any schedule or authorize the imposition of any rate by an electric utility, which requires a residential customer to purchase electric service at a rate which is based on the time of day, day of the week or time of year during which the electricity is used or which otherwise varies based upon the time during which the electricity is used, except that the Commission may approve such a change in a schedule or authorize the imposition of such a rate if the approval or authorization is conditioned upon an election by a residential customer to purchase electric service at such a rate.

2. The provisions of subsection 1 do not apply to any changes in a schedule or rates imposed on a customer-generator.

3. As used in this section:

(a) “Customer-generator” has the meaning ascribed to it in NRS 704.768.

(b) “Electric utility” has the meaning ascribed to it in NRS 704.187.