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Code · Nevada · CHAPTER 598 - DECEPTIVE TRADE PRACTICES

NRS 598.9816 Power purchase agreement: Cover page.

781 words·~4 min read·/nv/chapter-598-deceptive-trade-practices/598-9816·

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NRS 598.9816 Power purchase agreement: Cover page. A power purchase agreement for the sale of the output of a distributed generation system must include a cover page that:
1. Prominently displays the following information at the top of the cover page in at least 16-point font:
(a)Notice of the right to rescind or cancel the agreement, without any penalty or obligation, within 3 or 10 business days, as applicable, after the execution of the agreement, as provided in NRS 598.98216 .
(b)An electronic mail address to which a notice of rescission or cancellation may be sent pursuant to NRS 598.98216 and notice that the host customer may send such a notice to that electronic mail address.
(c)Notice of the requirement to make and maintain a recording pursuant to NRS 598.98213 .
(d)Notice that, before the installation of the distributed generation system, the host customer will have the opportunity to confirm that no representations, offers or promises were made at any time concerning the sale of the output of the distributed generation system other than what is contained in the agreement.
(e)The length of the term of the agreement.
(f)A description of the consequences if the host customer dies during the term of the agreement.
(g)A statement indicating that certain financial covenants and restrictions for a distributed generation system affixed to a property may have an impact or effect on the future sale or transferability of the property and that it is recommended that the host customer seek the advice of a real estate professional, attorney or financial adviser before entering into the agreement.
2. Provides the following information in at least 10-point font:
(a)The rate of any increase in the payments to be made during the term of the agreement and, if applicable, the date of the first such increase.
(b)An estimated timeline for the installation of the distributed generation system.
(c)The rate of electricity per kilowatt-hour of electricity for the first year of the agreement.
(d)The amounts due at the signing for and at the completion of the installation or any inspection of the distributed generation system.
(e)The estimated production of the distributed generation system in the first year of operation and an explanation that:
(1)The host customer will always receive a power bill if the premises of the host customer are connected to the power grid;
(2)The estimated production or offset is based on available data on prior consumption; and
(3)Any change in consumption by the host customer will impact the estimated offset, or savings, in relation to the production.
(f)A description of the options available at the end of the term of the agreement.
(g)A description of any option to purchase the distributed generation system before the end of the term of the agreement.
(h)Notice of the existence of the Recovery Fund administered by the State Contractors’ Board pursuant to NRS 624.470 .
(i)Notice that a person financially damaged by a licensed contractor who performs work on a residence may be eligible to recover certain financial damages from the Recovery Fund.
(j)Notice that a host customer may file a complaint with the Public Utilities Commission of Nevada.
(k)Contact information for the State Contractors’ Board and the Public Utilities Commission of Nevada, including, without limitation, a telephone number.
(l)Notice that the host customer, before execution of the agreement, may request any document used in the solicitation, offer or transaction for the power purchase agreement in any language.
(m)If the solar installation company paid any amount for a lead or referral that resulted in the power purchase agreement being provided to the host customer, the amount paid for the lead or referral.
(n)If the solar installation company included any material term of a power purchase agreement in any written or electronic marketing materials provided to the host customer before or contemporaneously with the agreement, notice that the material term used in the marketing materials is the same as the corresponding term included in the agreement.
(o)The following disclosures:
(1)Whether the solar installation company:
(I)Maintains a physical office in this State at which employees, as defined in subsection 6 of NRS 624.020 , of the solar installation company conduct business; and
(II)Has at least one motor vehicle registered in this State;
(2)Whether the solar installation company is in compliance with all applicable federal, state and local laws and regulations; and
(3)Whether the person who initially presented the host customer with the power purchase agreement is an employee, as defined in subsection 6 of NRS 624.020 , of the solar installation company.
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