1. To qualify for a license, a provider of new electric resources must do all of the following:

(a) Submit an application for the license to the Commission that includes all information deemed necessary by the Commission to determine whether the provider of new electric resources is qualified to obtain a license pursuant to this section.

(b) Demonstrate to the satisfaction of the Commission that the provider of new electric resources is authorized to conduct business pursuant to the laws of this State and the ordinances of the county, city or town in which the provider sells or will sell to sell energy, capacity and ancillary services to eligible customers.

(c) Demonstrate to the satisfaction of the Commission that the provider of new electric resources has the technical competence necessary to sell energy, capacity and ancillary services to eligible customers.

(d) Demonstrate to the satisfaction of the Commission that the provider of new electric resources has the managerial competence necessary to sell energy, capacity and ancillary services to eligible customers.

(e) Demonstrate to the satisfaction of the Commission that the provider of new electric resources has the financial capability to sell energy, capacity and ancillary services to eligible customers.

(f) Demonstrate to the satisfaction of the Commission financial responsibility.

(g) Demonstrate to the satisfaction of the Commission fitness to sell energy, capacity and ancillary services to eligible customers. In determining whether a provider of new electric resources is fit to sell energy, capacity and ancillary services to eligible customers, the Commission may consider:

(1) Whether legal action has been taken against the provider or any of its affiliates in another jurisdiction;

(2) Whether customer complaints have been made concerning the provider or any of its affiliates in another jurisdiction; and

(3) The nature of any legal action or customer complaint against the provider or any of its affiliates in another jurisdiction.

(h) Demonstrate to the satisfaction of the Commission that the provider of new electric resources is in compliance with or will comply with NRS 704.78213.

2. The Commission may issue a license to a provider of new electric resources that is qualified for a license pursuant to subsection 1. The Commission, after notice and a hearing in the manner set forth in chapter 703 of NRS, may deny the application of a provider of new electric resources for a license or limit, suspend or revoke a license issued to a provider of new electric resources if such action is necessary to protect the public interest or to enforce a provision of the laws of this State or a regulation adopted by the Commission that is applicable to the provider of new electric resources.

3. The Commission may adopt regulations requiring each provider of new electric resources to submit to the Commission such information as the Commission determines is necessary to ensure that:

(a) Each provider of new electric resources has sufficient energy, capacity and ancillary services, or the ability to obtain energy, capacity and ancillary services, to satisfy the demand of each eligible customer purchasing energy, capacity or ancillary services from the provider;

(b) Eligible customers served by a provider of new electric resources will receive safe and reliable service from the provider; and

(c) Each provider of new electric resources complies with this chapter and any other laws of this State applicable to each provider.

(Added to NRS by 2019, 3520)