“Eligible customer” means an end-use customer which is:

1. A nongovernmental commercial or industrial end-use customer that:

(a) Was an end-use customer of an electric utility at any time before June 12, 2019; and

(b) Has an average annual load of 1 megawatt or more in the service territory of an electric utility.

2. A governmental entity, including, without limitation, a governmental entity providing educational or health care services, that:

(a) Was an end-use customer of an electric utility at any time before June 12, 2019;

(b) Performs its functions using one or more facilities which are operated under a common budget and common control; and

(c) Has an average annual load of 1 megawatt or more in the service territory of an electric utility.

3. A governmental entity, including, without limitation, a governmental entity providing educational or health care services, that:

(a) Was not an end-use customer of an electric utility at any time before June 12, 2019;

(b) Performs its functions using one or more facilities which are operated under a common budget and common control; and

(c) Would have an average annual load of 1 megawatt or more in the service territory of an electric utility.

4. A nongovernmental commercial or industrial end-use customer that:

(a) Was not an end-use customer of an electric utility at any time before June 12, 2019; and

(b) Would have an average annual load of 1 megawatt or more in the service territory of an electric utility.

(Added to NRS by 2001, 3224; A 2019, 3522)