• An average annual load of 1 MW (8,760,000 kWh) or greater.
  
  
• Contiguous property for commercial/industrial customers.
  
  
• Based on a recent 12-month continuous history for existing customers.
  
  
• Based on a forecasted 12-month continuous history for new or expanding customers.
  
  
• Limited to new electric resources of energy, capacity and ancillary services that are not owned or subject to contractual commitments to a Utility.
  
  
• PUCN Applications for Retail Open Access must meet public interest tests.
  

Government Entity Requirements:

• A government entity providing educational or health care services, that
  
  • Performs its functions using one or more facilities which are operated under common budget and common control
    
  • Meets the required average annual load of 1 MW or greater.
    
• Limited to new electric resources of energy, capacity and ancillary services that are not owned or subject to contractual commitments to a Utility.
  
• PUCN Applications for Retail Open Access must meet public interest tests.

Frequently Asked Questions About Eligibility:

• What defines a "contiguous property"?

  A contiguous property is a property that is owned by the same one owner as outlined in parcel maps filed with the County Assessor's Office with the exception of a property that is bisected or cut by a public right of way. Any property that is bisected by a public right of way is not considered to be contiguous.

• What defines point of delivery?
  

  Point of delivery is where the customer's facilities connect with Utility facilities. Typically, there is only one point of delivery for each premise as there is only one meter serving a single premise. Under AB661, a service location is the equivalent of a premise that is served by a single meter. However, in AB661 there are two exceptions to the rule.

  1. First, there may be multiple meters (or points of delivery) serving the same premises or service location on contiguous property.
  2. Second, there may be multiple points of delivery that are treated by the Utility as a single service location on non-contiguous property.

  These are grand-fathered exceptions. These exceptions become very important to a non-governmental commercial or industrial entity when considering whether or not the end-use customer has an average annual load of 1 megawatt or greater as the end-use customer seeks to become eligible under AB661 and attempts to combine load.

• Are there limits on the amount of load that can be obtained from new energy resources?
  

  Yes, there is a limit on the overall retail open access energy purchased by Eligible Customers in southern Nevada. This limit is 50% of the difference between NV Energy generation resources located in Nevada and NV Energy's demand (see NRS.704B or NAC.704B.420).

• Is there a similar requirement for northern Nevada?

  No.

• Are there different requirements for government entities?

Yes, there are two differences with respect to AB 661 requirements. First, government entities can combine their electrical loads based on being under common budget and control. And second, government entities served by NV Energy in southern Nevada are not required to contract for an additional 10% of their purchase power portfolio for the Utility.

• Can government entities selectively combine load provided by an energy provider?
  Yes, government entities can decide on a 'meter by meter' basis which loads will be served by a provider. However, the loads must meet the 1MW average annual load requirement.
• Who pays for the required metering and installation for a government entity?

  The Energy Provider is responsible for all metering and installation costs for government entities.

• Can a government entity have multiple providers?
  

  Yes, however, they must have a single provider per meter.