New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 2 - ENERGY EFFICIENCY › Section 17.7.2.8 - PUBLIC UTILITY FILING REQUIREMENTS FOR APPLICATIONS AND ANNUAL REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Timing
. Beginning in the year specified below, each public utility
				shall file an application every three years
2021
2022
2023
El Paso Electric Company (and its
								successors)
Southwest Public Service Company (and its
								successors)
Public Service Company of New Mexico (and its
								successors)
Zia Natural Gas Company (and its successors)
New Mexico Gas Company (and its successors)
Raton Natural Gas Company (and its
								successors)
Any other public utility
Each of the three years covered by an application shall, for
				  the purposes of
				  17.7.2.7
				  NMAC, be treated as a plan year. Each public utility may, but is not required
				  to, file an application prior to the year specified in this subsection. If a
				  utility does not elect to file an application prior to the year specified in
				  this subsection, the measures, programs and incentive approved in the utility's
				  last energy efficiency case shall continue in effect until modified or
				  terminated. If a utility does elect to file an application prior to the year
				  specified in this subsection, the measures, programs and incentive approved in
				  that case shall continue in effect as provided by the commission. All utilities
				  shall file their annual reports each year and in the same docket as the
				  application that covered the period of the annual report. Public Service
				  Company of New Mexico (and its successors) shall file its application and its
				  annual reports on April 15 of the applicable year. Southwestern Public Service
				  Company (and its successors) shall file its application and its annual reports
				  on May 15 of the applicable year. El Paso Electric Company (and its successors)
				  shall file its application and its annual reports on June 1 of the applicable
				  year. A natural gas company shall file its annual report on or before July 1 of
				  each year, and shall file its application on or before August 31 of the
				  applicable year in which it is required to file an application. If a specified
				  filing date falls on a weekend or legal holiday, the public utility shall file
				  on the next business day.
B.
Compliance with pre-filing requirements
. Applications shall
				describe how the public utility has met the pre-filing requirements of
				Subsection E of Section
				62-17-5
				NMSA 1978, including descriptions of the process used to solicit non-binding
				recommendations, and any competitive bids required by the commission for good
				cause. The public utility shall identify by name, association, and contact
				information, each interested party that participated in the process, including
				commission staff, the attorney general, and the energy, minerals and natural
				resources department. The public utility shall summarize each participant's
				non-binding recommendation on the design, implementation, and use of
				third-party energy service contractors through competitive bidding for programs
				and measures.
C. The public utility
				shall identify within its application, its estimated plan year funding for
				energy efficiency and load management program costs for each year during the
				plan period.
(1) Estimated plan year funding
				for electric public utilities energy efficiency and load management program
				costs shall be expressed in dollars and shall be no less than three percent and
				no more than five percent of billing revenues from all of its customers' bills
				that the public utility estimates to be billed during the plan year to customer
				classes with the opportunity to participate, excluding:
(a) gross receipts taxes and franchise and
				right-of-way access fees;
(b)
				revenues that the public utility estimates to bill during the plan year to any
				single customer that exceed $75,000.00;
(c) any customer's plan year self-directed
				program credits approved by the public utility or by a commission approved
				self-direct administrator; and
(d)
				any customer's plan year self-directed program exemptions approved by the
				public utility or by a commission approved self-direct administrator.