Commissioner Tobin introduced a proposed Energy Modernization Plan for consideration. Chief among the elements of the proposal is the goal of relying on eighty percent clean energy resources by 2050, including solar, hydro, wind, nuclear, energy efficiency and other measures such as energy storage. The plan also proposes expanding energy storage in the state to 3000 MW by 2030.

Subsequent to the proposal, Staff issued a Notice of Inquiry to explore the associated issues. This may lead to a formal rulemaking. The NOI identified an extensive of list of questions for comment related to public interest/cost benefit; policy framework; clean energy; energy storage; forest health/biomass-related energy; dispatchable clean energy; energy efficiency; electric vehicle; resource and transmission planning; process-related issues; and security and reliability/resiliency.

With regards to a policy framework, comment was specifically sought on "any energy policy in Arizona you deem to be outdated, explain why, and identify proposed improvements to these policies," as well as "the role of traditional regulated energy providers changing in the future as a result of market and technological changes." With regards to the 80% clean energy resource target, comment was specifically sought on how distributed energy resources should be factored into the target and also how customer-owned DER should be factored into the target.

Comments on the NOI are due April 23, 2018. The full texts of the Proposed Energy Modernization Plan and Notice of Inquiry are available on the NEM Website.

The Commission is proposing revisions to the competitive electricity provider (CEP) consumer protection rules. This is in response to legislation effective at the end of 2017 as well as complaints received by its Consumer Assistance and Safety Division. The Commission is proposing to apply the new statutory requirements to both residential and small non-residential customers, notwithstanding that the language is clearly directed to service to residential customers only.

The legislation added requirements to Chapter 32 of the electric restructuring law. The law specifically provides that:

"4-B. Residential consumer protections. As a condition of licensing, a competitive electricity provider that provides or proposes to provide generation service to a residential consumer:
A. Shall disclose, before entering into an agreement to provide service to a residential consumer, to the residential consumer where the residential consumer can obtain information with which to compare the service provided by the competitive electricity provider and the standard-offer service;
B. May not renew a contract for generation service without providing a residential consumer with notice of renewal in advance by mail;
C. May not renew a contract for generation service at a fixed rate that is 20% or more above the contract rate in the expiring contract without the express consent of the residential consumer;
D. May not renew a contract for generation service for a term that is longer than the term of the expiring contract or 12 months, whichever is shorter, without the express consent of the residential consumer; and
E. May not impose an early termination fee for any contract for generation service that was renewed without express consent from the residential consumer.
If a residential consumer does not provide the express consent required by paragraphs C and D, the residential consumer must be transferred to standard-offer service.

4-C. Residential consumer protection through transmission and distribution utility bill information. The monthly utility bill for a residential consumer that elects to receive generation service from a competitive electricity provider must contain the following:
A. A website address or other resource that residential consumers can access to obtain information that provides independent information as determined by the commission that allows residential consumers to compare terms, conditions and rates of electricity supply; and
B. A statement that directs the residential consumer to the competitive electricity provider for more information on the residential consumer's contract, including its terms, and that provides the telephone number of the competitive electricity provider."

The Commission has proposed to implement the new law requirements with the following rule provisions:
1) CEPs must provide prospective customers with written information for comparing the CEP's rate with the standard offer service rate and a link to the Commission's website listing of standard offer rates;
2) Shopping customer bills must include the website address and phone number of the Office of Public Advocate for the provision of independent information on electric rates as well as a statement directing the customer to the CEP for more information on its Terms of Service;
3) Regarding renewals, if a customer does not provide express consent when required under the rules, the customer shall be returned to standard offer service. One of the two advance notices of renewal must be provided by US Mail. A CEP may not renew a contract for service for longer than the current term of the contract or twelve months, whichever is shorter, without the customer's express consent. CEPs are prohibited from renewing a fixed rate contract that is 20% or more above the expiring contract without a customer's express consent; and
4) CEPs may not impose an ETF for any contract for generation service that was renewed without the customer's express consent.

Additionally, the Commission proposes to apply the following requirements for in-person solicitations at a customer's premises:

"a. Provide written notice to the Commission and the local police department prior to commencing in-person solicitation of customers, which notice shall state the dates and times when the in-person solicitation will occur and identify the individual employees or representatives who will conduct the in-person solicitation;
b. Produce identification, to be visible at all times thereafter, which prominently displays in reasonable size type the full name of the CEP and the employee or representative, as well as the CEP's telephone number for inquiries, verification, and complaints, and shall leave such identification with the potential customer upon request;
c. Clearly state that the employee or representative is not working for and is independent of the potential customer's electric utility;
d. State that if the potential customer purchases electricity from the CEP, the potential customer's electric utility will continue to deliver the potential customer's electricity and will respond to any outages or emergencies. This requirement may be fulfilled by an oral statement to the potential customer, or by written materials left with the potential customer;
e. Terminate the in-person contact with the potential customer when it is apparent that the potential customer's language skills are insufficient to allow the potential customer to understand and respond to the information conveyed, or where the potential customer or another third party informs the CEP, or its representative, of this circumstance;
f. Record by audio all communications with the potential customer, commencing when the initial contact is made with the potential customer and ending when the employee or representative leaves the potential customer's premises. The recording shall include the potential customer's name and address and be maintained by the CEP for at least 12 months after the date of the solicitation and shall be made available in a format amenable to electronic conveyance to the Commission upon request;
g. Require its employee or representative to leave the potential customer's premises prior to any third-party verification call during which the customer enrollment is confirmed; and
h. Not pay or otherwise compensate its employee or representative based on whether a potential customer accepts the CEP's service."

The full text of the Notice of Rulemaking is available on the NEM Website.

The Nevada Independent recently published an article detailing the gubernatorial candidates positions on energy issues. Regarding the energy choice ballot initiative, Attorney General Laxalt (R) is cited as favoring the measure (noting his supportive comment at NEM's Western Energy Summit last fall). Jared Fisher (R) is likewise noted as supporting the measure. Treasurer Dan Schwartz (R) and Clark County Commissioner Chris Giunchigliani (D) were noted as being cautiously in favor. Finally, Clark County Commission Chair Steve Sisolak (D) was cited as having “'remaining concerns' mostly related to how it could affect jobs, energy rates and rural communities. He also wants to see the recommendations put forward by the governor’s commission before taking a firm position on it." The article also discussed the candidates positions on raising Nevada's RPS to 50% by 2030, exiting the Paris climate accord, and phasing out EPA's Clean Power Plan. The full text of the Nevada Independent Article is available at this hotlink.

The Commission approved a three year electric and natural gas rate settlement for NIMO, including issues impacting ESCOs. The electric and natural gas Merchant Function Charges (MFCs) will continue, with certain modifications. NIMO's capacity release program, commencing in the winter of CY 2018/19, will be modified to provide ESCOs with a slice of the system. Implementation details will be addressed in technical meetings with the industry. Regarding ESCO billing charges, the electric billing charges to ESCOs will be as follows: $0.98 to an ESCO that supplies electricity to an electric-only customer and $0.49 to an ESCO that supplies electricity to a dual electric and gas customer. The gas billing charges will be as follows: $0.98 to an ESCO that supplies gas to a gas-only customer and $0.49 to an ESCO that supplies gas to a dual gas and electric customer. The customer backout credit equals the ESCO billing charge. The charge for an ESCO-initiated disconnection for nonpayment will be $50 at the meter and $209 at the pole (for electric) and $50 for ESCO gas customers. The full texts of the Order and Settlement are available on the NEM Website.