Section 704.773 - Utility required to offer net metering; limitations; rights and duties regarding energy meters and imposition of certain fees and charges; right of customer-generator to continue net metering for 20 years; regulations1. A utility shall offer net metering in accordance with the provisions of NRS 704.766 to 704.776, inclusive, to the customer-generators operating within its service area.2. If the net metering system of a customer-generator who accepts the offer of a utility for net metering has a capacity of not more than 25 kilowatts, the utility: (a) Shall offer to make available to the customer-generator an energy meter that is capable of registering the flow of electricity in two directions.(b) May, at its own expense and with the written consent of the customer-generator, install one or more additional meters to monitor the flow of electricity in each direction.(c) Except as otherwise provided in subsection 7, shall not charge the customer-generator any fee or charge that is different than that charged to other customers of the utility in the rate class to which the customer-generator would belong if the customer-generator did not have a net metering system.(d) Shall not reduce the minimum monthly charge of the customer-generator based on the electricity generated by the customer-generator and fed back to the utility.3. If the net metering system of a customer-generator who accepts the offer of a utility for net metering has a capacity of more than 25 kilowatts, the utility: (a) May require the customer-generator to install at its own cost:(1) An energy meter that is capable of measuring generation output and customer load; and(2) Any upgrades to the system of the utility that are required to make the net metering system compatible with the system of the utility.(b) Except as otherwise provided in paragraph (d) and subsection 7, shall not charge the customer-generator any fee or charge that is different than that charged to other customers of the utility in the rate class to which the customer-generator would belong if the customer-generator did not have a net metering system, including, without limitation, customer, demand and facility charges.(c) Shall not reduce the minimum monthly charge of the customer-generator based on the electricity generated by the customer-generator and fed back to the utility.(d) Shall not charge the customer-generator any standby charge.4. At the time of installation or upgrade of any portion of a net metering system, the utility must allow a customer-generator governed by subsection 3 to pay the entire cost of the installation or upgrade of the portion of the net metering system.5. Except as otherwise provided in subsections 2, 3 and 6 and NRS 704.7732, the utility shall not for any purpose assign a customer-generator to a rate class other than the rate class to which the customer-generator would belong if the customer-generator did not have a net metering system, including, without limitation, for the purpose of any fee or charge.6. If the net metering system of a customer-generator is a net metering system described in paragraph (b) or (c) of subsection 1 of NRS 704.771 and: (a) The system is intended primarily to offset part or all of the customer-generator's requirements for electricity on property contiguous to the property on which the net metering system is located; and(b) The customer-generator sells or transfers his or her interest in the contiguous property, the net metering system ceases to be eligible to participate in net metering.
7. A utility shall assess against a customer-generator:(a) If applicable, the universal energy charge imposed pursuant to NRS 702.160; and(b) Any charges imposed pursuant to chapter 701B of NRS or NRS 704.7827 or 704.785 which are assessed against other customers in the same rate class as the customer-generator. For any such charges calculated on the basis of a kilowatt-hour rate, the customer-generator must only be charged with respect to kilowatt-hours of energy delivered by the utility to the customer-generator.
8. The Commission and the utility must allow a customer-generator who accepts the offer of the utility for net metering to continue net metering pursuant to NRS 704.766 to 704.776, inclusive, at the location at which the net metering system is originally installed for 20 years. For the purposes of this subsection, "to continue net metering" includes, without limitation:(a) Retaining the percentage set forth in subsection 3 of NRS 704.7732 to be used to determine the credit for electricity governed by paragraph (c) of subsection 2 of NRS 704.775, which is applicable to the customer-generator; and(b) Replacing the originally installed net metering system, as needed, at any time before 20 years after the date of the installation of the originally installed net metering system.9. The Commission shall adopt regulations prescribing the form and substance for a net metering tariff and a standard net metering contract. The regulations must include, without limitation:(a) The particular provisions, limitations and responsibilities of a customer-generator which must be included in a net metering tariff with regard to: (2) Net energy metering and billing; and(3) Interconnection, based on the allowable size of the net metering system.
(b) The particular provisions, limitations and responsibilities of a customer-generator and the utility which must be included in a standard net metering contract.(c) A timeline for processing applications and contracts for net metering applicants.(d) Any other provisions the Commission finds necessary to carry out the provisions of NRS 704.766 to 704.776, inclusive.Added to NRS by 1997, 778; A 2001, 3253; 2005, 1816; 2007, 3004; 2011, 986, 1942; 2013, 3341; 2015, 2150; 2017, 4281; 2019, 1201Amended by 2019, Ch. 215,§20.4, eff. 5/29/2019.Amended by 2017, Ch. 589,§31, eff. 6/15/2017.Amended by 2015, Ch. 379,§2.95, eff. 6/5/2015.Amended by 2013, Ch. 510,§24, eff. 6/11/2013, op. 1/1/2014.Added to NRS by 1997, 778; A 2001, 3253; 2005, 1816; 2007, 3004; 2011, 986, 1942