NRS 704B.300: Authority of provider to sell energy, capacity or ancillary services; limitations; provider is not public utility because of transaction; jurisdiction of Commission; prohibition.

1. Except as otherwise provided in this section, a provider of new electric resources may sell energy, capacity or ancillary services to one or more eligible customers if the provider holds a valid license and:

(a) The eligible customers have been approved to purchase energy, capacity and ancillary services from the provider pursuant to the provisions of NRS 704B.310; or

(b) The transaction complies with the provisions of NRS 704B.325.

2. A provider of new electric resources shall not sell energy, capacity or ancillary services to an eligible customer if the transaction violates the provisions of this chapter.

3. A provider of new electric resources that sells energy, capacity or ancillary services to an eligible customer pursuant to the provisions of this chapter:

(a) Does not become and shall not be deemed to be a public utility solely because of that transaction; and

(b) Becomes subject to the jurisdiction of the Commission only for the purposes of this chapter and NRS 704.033, 704.035 and 704.7801 to 704.7828, inclusive.

4. If a provider of new electric resources is not a public utility in this state and is not otherwise authorized by the provisions of a specific statute to sell energy, capacity or ancillary services at retail in this state, the provider shall not sell energy, capacity or ancillary services at retail in this state to a person or entity that is not an eligible customer.