1. An eligible customer that is purchasing energy, capacity or ancillary services from a provider of new electric resources may purchase energy, capacity or ancillary services from an alternative provider without obtaining the approval of the Commission if:
(a) The terms and conditions of the transaction with the alternative provider, other than the price of the energy, capacity or ancillary services, conform to the terms and conditions of the transaction that was originally approved by the Commission with respect to the eligible customer, including, without limitation, any terms and conditions, other than the price of the energy, capacity or ancillary services, that were approved by the Commission to address the factors considered by the Commission pursuant to subsection 6 of NRS 704B.310; and
(b) The alternative provider holds a license.
2. If any terms and conditions of the transaction with the alternative provider, other than the price of the energy, capacity or ancillary services, do not conform to the terms and conditions of the transaction that was originally approved by the Commission with respect to the eligible customer, the eligible customer must obtain approval from the Commission before those nonconforming terms and conditions are enforceable.
3. If the eligible customer files a request with the Commission for approval of any nonconforming terms and conditions, the Commission shall review and make a determination concerning the request on an expedited basis.
4. Notwithstanding any specific statute to the contrary, information concerning any terms and conditions of the transaction with the alternative provider that the Commission determines are commercially sensitive:
(a) Must not be disclosed by the Commission except to the Regulatory Operations Staff of the Commission, the Consumer’s Advocate, the staff of the Consumer’s Advocate and the affected electric utility for the purposes of carrying out the provisions of this section; and
(b) Except as otherwise provided in NRS 239.0115, shall be deemed to be confidential for all other purposes, and the Commission shall take such actions as are necessary to protect the confidentiality of such information.
(Added to NRS by 2003, 1260; A 2007, 2162; 2019, 3526)
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