New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 550 - FUEL AND PURCHASED POWER COST ADJUSTMENT CLAUSES FOR ELECTRIC UTILITIES › Section 17.9.550.13 - INFORMATION TO BE FILED

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each
				electric utility that has a FPPCAC as a part of a filed rate schedule shall
				file each month all the data and calculations called for in 17.9.550.12 NMAC.
				The monthly data shall be submitted in electronic format to the director of the
				utility division or his designee on the earliest possible date after the end of
				each month, but in no event less than five (5) days before the factor becomes
				effective for customer billing. The utility shall also file its monthly data
				with the commission's records bureau prior to the effective date of the factor.
				Where a utility has more than one base fuel and purchased power expense in
				various rate schedules, a separate calculation shall be filed for each base
				fuel and purchased power expense and a separate balancing account shall be
				maintained for each base fuel and purchased power expense.
B. An investor-owned utility shall provide
				the total charges that were incurred under purchased power contracts with a
				term of not less than fifteen days and entered into by the utility to replace
				normally available or scheduled power and energy from the utility's generating
				resources that operate at annual capacity factors of 40 percent or more and
				that were unavailable due to an unplanned outage and included in each month's
				FPPAC report. The utility shall make available each underlying purchased power
				contract to utility division staff upon request, in a manner consistent with
				any applicable confidentiality provisions in such contract. This reporting
				requirement shall not apply to economy energy transactions and transactions
				entered into for solely economic dispatch purposes.
C. Upon the utility division's receipt of the
				factor, a review of the calculations will be conducted by utility division
				staff to ensure compliance with this rule. In the event a utility fails to
				timely file the calculations of its factor in accordance with this section, or
				if the data filed by the utility is incomplete or inaccurate, utility division
				staff may immediately petition the commission for the appropriate relief
				provided by law and these rules, including the suspension, or collection
				subject to refund, of the factor.
D. Whenever the utility or the commission has
				good reason to believe on the basis of factual data that the adjustment factor
				would result in a substantial under-collection or over-collection of revenue in
				the following billing month with the further result that adjustment factors for
				future billing months would fluctuate excessively, the utility may apply to the
				commission for permission to place into effect or the commission may direct the
				utility to place into effect a specified increase or decrease in the amount of
				the adjustment factor which is to remain in effect for such period of time as
				the commission may direct.
E. Each
				utility that has a FPPCAC shall file by April 30 of each year the annual report
				defined in Subsection B of 17.9.550.7 NMAC.