reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 568 - INTERCONNECTION OF GENERATING FACILITIES WITH A NAMEPLATE RATING UP TO AND INCLUDING 10 MW CONNECTING TO A UTILITY SYSTEM › Section 17.9.568.15 - SIMPLIFIED PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Application:
An interconnection customer must submit an
				interconnection application, pursuant to Subsection B of
				17.9.568.13 NMAC, using the
				standard simplified interconnection application form provided in Appendix 1A,
				which may be sent electronically to a recipient designated by the utility. The
				application fee specified in Subsection A of
				17.9.568.23 NMAC shall be
				submitted along with the application. An interconnection customer executes the
				standard interconnection agreement for the simplified process by submitting a
				simplified process application.
B.
Simplified screening:
The utility shall evaluate the
				interconnection application using the following simplified screens.
(1)
Screen 1
: The generating
				facility must utilize a UL 1741 certified inverter.
(2)
Screen 2
: For
				interconnection of a proposed generating facility to the load side of network
				protectors, the proposed generating facility must utilize an inverter-based
				equipment package and, its nameplate rating, together with the nameplate rating
				of the aggregated other inverter-based generation, shall not exceed fifty
				percent of the secondary network's relevant minimum load.
(3)
Screen 3
: Until December 31,
				2023, for interconnection of a proposed generating facility to a radial
				distribution circuit, the aggregate export capacity of the generating
				facilities connected to the distribution circuit, including the proposed
				generating facility, may not exceed one hundred percent of the relevant minimum
				load (or fifteen percent of maximum load if minimum load data is unavailable)
				normally supplied by the distribution circuit. After December 31, 2023, for
				interconnection of a proposed generating facility to a radial distribution
				circuit, the aggregate export capacity of the generating facilities connected
				to the distribution circuit, including the proposed generating facility, may
				not exceed one hundred percent of the relevant minimum load normally supplied
				by the distribution circuit.
(4)
Screen 4
: If the proposed generating facility is to be
				interconnected on a single-phase shared secondary, the aggregate export
				capacity generation capacity on the shared secondary, including the proposed
				generating facility, shall not exceed sixty-five percent of the transformer
				nameplate power rating.
(5)
Screen 5
: If the proposed generating facility is single-phase and
				is to be interconnected on a center tap neutral of a 120/240 volt service, its
				addition shall not create an imbalance between the two sides of the 240 volt
				service of more than twenty percent of the nameplate rating of the service
				transformer.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 568 - INTERCONNECTION OF GENERATING FACILITIES WITH A NAMEPLATE RATING UP TO AND INCLUDING 10 MW CONNECTING TO A UTILITY SYSTEM › Section 17.9.568.17 - SUPPLEMENTAL REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Agreeing to supplemental review:
To accept the offer of a
				supplemental review, the applicant shall agree in writing and submit a $2,500
				fee for the review, both within 15 business days of the offer. If the written
				agreement and deposit have not been received by the utility within that
				timeframe, the interconnection application shall continue to be evaluated under
				the detailed study process unless it is withdrawn by the applicant.
B.
Supplemental review screens:
The utility shall evaluate the interconnection application using the following
				supplemental review screens.
(1)
Minimum gross load screen:
Where 12 months of line section minimum
				load data (including onsite load but not station service load served by the
				proposed generating facility) are available, can be calculated, can be
				estimated from existing data, or determined from a power flow model, the
				aggregate export capacity on the line section is less than one hundred percent
				of the gross minimum load for all line sections bounded by automatic
				sectionalizing devices upstream of the proposed generating facility. If minimum
				load data is not available, or cannot be calculated, estimated or determined,
				the utility shall include the reason(s) that it is unable to calculate,
				estimate or determine minimum load in its supplemental review results
				notification. After December 31, 2023 utility should have minimum load data for
				all circuits.
(a) The type of generation used
				by the proposed generating facility will be taken into account when
				calculating, estimating, or determining circuit or line section minimum load
				relevant for the application of Subsection B of
				17.9.568.17 NMAC. Solar
				photovoltaic (pv) generation systems with no battery storage use daytime
				minimum load (i.e. 10 a.m. to 4 p.m. for fixed panel systems and 8 a.m. to 6
				p.m. for pv systems utilizing tracking systems), while all other generation
				uses absolute minimum load.
(b)
				When this screen is being applied to a generating facility that serves some
				station service load, only the net injection into the electric system will be
				considered as part of the aggregate export capacity.
(c) Utility will not consider as part of the
				aggregate export capacity generation for purposes of this screen generating
				facility export capacity known to be already reflected in the minimum load
				data
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 568 - INTERCONNECTION OF GENERATING FACILITIES WITH A NAMEPLATE RATING UP TO AND INCLUDING 10 MW CONNECTING TO A UTILITY SYSTEM › Section 17.9.568.19 - COST SHARING FOR INTERCONNECTION UPGRADES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The cost of utility system modifications
				required pursuant to the fast track process or the full interconnection study
				process shall be borne by the applicant unless otherwise agreed to by the
				parties or following a determination by the commission that some or all of the
				costs constitute system benefits eligible for cost-sharing options:
(1) The commission may determine on a
				case-by-case basis whether the cost of distribution system upgrades necessary
				to interconnect one or more generating facilities may be eligible for some form
				of costsharing:
(a) among several developers
				using the same distribution facilities;
(b) among all ratepayers of the qualifying
				utility via rate base adjustments; or
(c) among ratepayers of the same rate class
				as subscribers to the community solar facility via a rate rider for that
				class.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 568 - INTERCONNECTION OF GENERATING FACILITIES WITH A NAMEPLATE RATING UP TO AND INCLUDING 10 MW CONNECTING TO A UTILITY SYSTEM › Section 17.9.568.20 - INTERCONNECTION AGREEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. For
				simplified process interconnection projects, the applicant will sign a form
				interconnection agreement at the time it submits its interconnection
				application, and the utility will return a counter-signed interconnection
				agreement with the screen results.
B. For fast track and detailed study
				interconnection projects: after receiving an interconnection agreement from the
				utility, the applicant shall have 30 business days or another mutually
				agreeable timeframe to sign and return the interconnection agreement. If the
				applicant does not sign the interconnection agreement within 30 business days,
				the interconnection application shall be deemed withdrawn. After the
				interconnection agreement is signed by the parties, the interconnection of the
				generating facility shall proceed under the provisions of the interconnection
				agreement.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 568 - INTERCONNECTION OF GENERATING FACILITIES WITH A NAMEPLATE RATING UP TO AND INCLUDING 10 MW CONNECTING TO A UTILITY SYSTEM › Section 17.9.568.21 - PERMISSION TO OPERATE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				interconnection customer may not commence operations until its interconnection
				application is deemed complete and the utility has issued a permission to
				operate (PTO). The interconnection customer shall provide the utility with at
				least 10 business days' notice of the anticipated start date of the generating
				facility.
B. Within 10 business
				days of receiving the notice of the anticipated start date of the generating
				facility, the utility may conduct an inspection of the generating facility at a
				time mutually agreeable to the parties. The inspection may include verification
				that the facility complies with applicable codes and standards, the terms of
				the interconnection agreement, and may include a witness test. The utility may
				also schedule appropriate metering replacement or programming if necessary. If
				the generating facility passes the inspection, the utility shall provide
				written notice of the passage within three business days. If a Generating
				Facility initially fails a utility inspection, the utility shall offer to redo
				the inspection at the applicant's expense at a time mutually agreeable to the
				parties. If the utility determines that the generating facility fails the
				inspection, the utility must provide the applicant with a written explanation
				detailing the reasons for the failure and any standards violated. If the
				utility determines no inspection is necessary, it shall notify the applicant
				within three business days of receiving the notice of the anticipated start
				date.
C. For simplified process and
				fast track generating facilities, utility approval for interconnection (i.e.
				permission to operate) shall normally be processed not later than 10 business
				days following the utility's receipt of:
(1) a
				completed net energy metering interconnection application, if appropriate,
				including all supporting documents and required payments;
(2) a completed signed interconnection
				agreement, if appropriate; and
(3)
				evidence of the applicant's final electric inspection clearance from the
				governmental authority having jurisdiction over the generating facility. If the
				10-day period cannot be met, the utility shall notify the applicant.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 568 - INTERCONNECTION OF GENERATING FACILITIES WITH A NAMEPLATE RATING UP TO AND INCLUDING 10 MW CONNECTING TO A UTILITY SYSTEM › Section 17.9.568.22 - INTERCONNECTION APPLICATION REVIEW FLOW CHART: [RESERVED]

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 568 - INTERCONNECTION OF GENERATING FACILITIES WITH A NAMEPLATE RATING UP TO AND INCLUDING 10 MW CONNECTING TO A UTILITY SYSTEM › Section 17.9.568.23 - GENERAL PROVISIONS APPLICABLE TO INTERCONNECTION APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An applicant
				shall pay the following application fee to the utility at the time it delivers
				its interconnection application to the utility:
(1) $150.00 if the proposed generating
				facilities will have a nameplate rating less than or equal to 25 kW;
(2) $300.00 if the proposed generating
				facilities will have a nameplate rating greater than 25 kW and less than or
				equal to 100 kW; or
(3) $300.00 +
				$1.00 per kW if the proposed generating facilities will have a nameplate rating
				greater than 100 kW;
(4) if the
				proposed generating facility is non-export only, it shall pay $150.00, if it
				has a nameplate rating below 100kW, or $300 if the nameplate rating is greater
				than 100 kW.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 568 - INTERCONNECTION OF GENERATING FACILITIES WITH A NAMEPLATE RATING UP TO AND INCLUDING 10 MW CONNECTING TO A UTILITY SYSTEM › Section 17.9.568.25 - GENERAL PROVISIONS APPLICABLE TO INTERCONNECTION CUSTOMERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				interconnection customer is responsible for the prudent maintenance and upkeep
				of its interconnection equipment.
B. Upon the petition of a utility, for good
				cause shown, the commission may require a customer with a generating facility
				with a rated capacity of 250 kW or less to obtain general liability insurance
				prior to connecting with a public utility. A utility may require that an
				applicant proposing to connect a generating facility with a rated capacity
				greater than 250 kW provide proof of insurance with reasonable limits not to
				exceed $1,000,000.00 or other reasonable evidence of financial
				responsibility.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 568 - INTERCONNECTION OF GENERATING FACILITIES WITH A NAMEPLATE RATING UP TO AND INCLUDING 10 MW CONNECTING TO A UTILITY SYSTEM › Section 17.9.568.26 - EXTENSIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The applicant
				may request in writing the extension of one timeline set by these rules. The
				requested extension may be for up to one-half of the time originally allotted
				(e.g., a 10 business day extension for a 20 business day timeframe). The
				utility shall not unreasonably refuse this request.
B. If further timeline extensions are
				necessary, the applicant may request an extension and the utility shall grant
				the extension so long as it does not unreasonably delay the processing of later
				queued interconnection applications.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 568 - INTERCONNECTION OF GENERATING FACILITIES WITH A NAMEPLATE RATING UP TO AND INCLUDING 10 MW CONNECTING TO A UTILITY SYSTEM › Section 17.9.568.27 - DISPUTE RESOLUTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each
				party agrees to attempt to resolve all disputes arising hereunder promptly,
				equitably and in a good faith manner.
B. In the event of a dispute, either party
				shall provide the other party with a written notice of dispute. Such notice
				shall describe in detail the nature of the dispute. The non-disputing party
				shall acknowledge the notice within three business days of its receipt and
				identify a representative with the authority to make decisions for the
				non-disputing party with respect to the dispute.
C. If the dispute has not been resolved in
				eight business days for timeline related disputes or 20 business days for all
				other disputes after the receipt of the notice, the parties may, upon mutual
				agreement:
(1) continue negotiations for an
				additional 10 business days; or
(2)
				seek resolution through the assistance of a dispute resolution service. The
				dispute resolution service will assist the parties in either resolving the
				dispute or in selecting an appropriate dispute resolution venue (e.g.,
				mediation, settlement judge, early neutral evaluation, or qualified technical
				expert(s)) to assist the parties in resolving their dispute. Each party will be
				responsible for one-half of any costs paid to neutral
				third-parties.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 568 - INTERCONNECTION OF GENERATING FACILITIES WITH A NAMEPLATE RATING UP TO AND INCLUDING 10 MW CONNECTING TO A UTILITY SYSTEM › Section 17.9.568.28 - REPORTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. For
				each request for a pre-application report or interconnection application
				received, the utility shall collect and retain the following data, at a
				minimum:
(1) facility capacity;
(2) DER type (technology);
(3) number of pre-application reports
				requested and processed;
(4) date
				of interconnection application submittal;
(5) date interconnection application deemed
				complete;
(6) date and disposition
				at applicable milestones in the interconnection process, including which
				screens, if any, are failed in the applicable process:
(a) initial review, (under the simplified or
				fast track process);
(b)
				supplemental review;
(c)
				feasibility study;
(d) system
				impact study;
(e) facilities
				study;
(f) interconnection
				agreement; and
(g) permission to
				operate.
(7)
				interconnection fees and study costs assessed to the customer;
(8) interconnection facility and distribution
				upgrade costs assessed to the customer;
(9) number of times outside consultants were
				utilized and the range of fees assessed to the customer for the consultants
				services.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 568 - INTERCONNECTION OF GENERATING FACILITIES WITH A NAMEPLATE RATING UP TO AND INCLUDING 10 MW CONNECTING TO A UTILITY SYSTEM › Section 17.9.568.29 - SAFETY PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A DER
				project that operates outside of its approved export status or operational
				limits may be disconnected by the utility following notification of violation
				and a 30-day cure period.
B. An
				interconnection customer shall separate from the utility system in the event of
				any one or more of the following conditions:
(1) a fault on the generating facility's
				system; or
(2) a generating
				facility contribution to a utility system emergency; or
(3) abnormal frequency or voltage conditions
				on the utility's system; or
(4) any
				occurrence or condition that will endanger utility employees or customers;
				or
(5) a generating facility
				condition that would otherwise interfere with a utility's ability to provide
				safe and reliable electric service to other customers; or
(6) the sudden loss of the system
				power.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 568 - INTERCONNECTION OF GENERATING FACILITIES WITH A NAMEPLATE RATING UP TO AND INCLUDING 10 MW CONNECTING TO A UTILITY SYSTEM › Section 17.9.568.30 - VARIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A party may file a request for a variance from the
				  requirements of this rule. Such application shall describe the reasons for the
				  variance; set out the effect of complying with this rule on the parties and the
				  utility's customers if the variance is not granted; identify the section(s) of
				  this rule for which the variance is requested; describe the expected result
				  which the request will have if granted; and state how the variance will aid in
				  achieving the purposes of this rule. The commission may grant a request for a
				  procedural variance through an order issued by the chairman, a commissioner or
				  a designated hearing examiner. Other variances shall be presented to the
				  commission as a body for determination.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 568 - INTERCONNECTION OF GENERATING FACILITIES WITH A NAMEPLATE RATING UP TO AND INCLUDING 10 MW CONNECTING TO A UTILITY SYSTEM › Appendix 1A - Simplified Interconnection Application Certified Inverter-Based Generating Facilities With an Export Capacity up to and including 25 kW AC and a Nameplate Rating not exceeding 50 kW

Current through Register Vol. 35, No. 13, July 16, 2024
This Application is considered complete when it provides all
				  applicable and correct information required below. Additional information to
				  evaluate the Application may be required.
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New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 568 - INTERCONNECTION OF GENERATING FACILITIES WITH A NAMEPLATE RATING UP TO AND INCLUDING 10 MW CONNECTING TO A UTILITY SYSTEM › Appendix 1B - Standard Interconnection Application

Current through Register Vol. 35, No. 13, July 16, 2024
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New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 569 - INTERCONNECTION OF GENERATING FACILITIES WITH A RATED CAPACITY GREATER THAN 10 MW CONNECTING TO A UTILITY SYSTEM › Section 17.9.569.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Public Regulation Commission.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 569 - INTERCONNECTION OF GENERATING FACILITIES WITH A RATED CAPACITY GREATER THAN 10 MW CONNECTING TO A UTILITY SYSTEM › Section 17.9.569.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. This rule
				applies to every electric utility including rural electric cooperatives and
				investor-owned utilities operating within the state of New Mexico that is
				subject to the jurisdiction of the New Mexico public regulation commission.
				These standards and procedures apply to both qualifying and non-qualifying
				facilities.
B. The standards and
				procedures described in this rule 17.9.569 NMAC apply only to the
				interconnection of generating facilities with a rated capacity greater than 10
				MW. The standards and procedures described in 17.9.568 NMAC apply to the
				interconnection of generating facilities with a rated capacity up to and
				including 10 MW.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 569 - INTERCONNECTION OF GENERATING FACILITIES WITH A RATED CAPACITY GREATER THAN 10 MW CONNECTING TO A UTILITY SYSTEM › Section 17.9.569.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is adopted under the authority vested in this
				  commission by the New Mexico Public Regulation Commission Act, NMSA 1978,
				  Section
				  8-8-1 et seq. and the
				  Public Utility Act, NMSA 1978, Section
				  62-3-1 et
				  seq.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 569 - INTERCONNECTION OF GENERATING FACILITIES WITH A RATED CAPACITY GREATER THAN 10 MW CONNECTING TO A UTILITY SYSTEM › Section 17.9.569.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 569 - INTERCONNECTION OF GENERATING FACILITIES WITH A RATED CAPACITY GREATER THAN 10 MW CONNECTING TO A UTILITY SYSTEM › Section 17.9.569.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 15, 2008. All interconnection contracts between a
				  utility and an interconnection customer existing at the time 17.9.569 NMAC is
				  adopted shall automatically continue in full force and effect. Any changes made
				  to existing interconnection contracts shall conform to the provisions of
				  17.9.569 NMAC.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 569 - INTERCONNECTION OF GENERATING FACILITIES WITH A RATED CAPACITY GREATER THAN 10 MW CONNECTING TO A UTILITY SYSTEM › Section 17.9.569.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to set forth common
				  interconnection requirements for the interconnection of generating facilities
				  with a rated capacity greater than 10 MW in a safe and reliable
				  manner.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 569 - INTERCONNECTION OF GENERATING FACILITIES WITH A RATED CAPACITY GREATER THAN 10 MW CONNECTING TO A UTILITY SYSTEM › Section 17.9.569.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Terms used in this rule 17.9.569 NMAC shall have the
				  following meanings.
A. Business day
				means Monday through Friday, excluding holidays observed by the
				utility.
B. Generating facility
				means the interconnection customer's device for the production of electricity
				identified in the interconnection application, including all generators,
				electrical wires, equipment, and other facilities owned or provided by the
				interconnection customer for the purpose of producing electric power.
C. Interconnection application means the
				request by an interconnection customer to interconnect a new generating
				facility, or to increase the capacity or make a material modification to the
				operating characteristics of an existing generating facility that is
				interconnected with the utility's system.
D. Interconnection customer means any person
				that proposes to interconnect its generating facility with the utility's
				system.
E. Party means the utility
				and the interconnection customer separately or in combination.
F. Person, for purposes of this rule, means
				an individual, firm, partnership, company, rural electric cooperative organized
				under Laws 1937, Chapter 100 or the Rural Electric Cooperative Act, corporation
				or lessee, trustee or receiver appointed by any court.
G. Point of common coupling (PCC) means the
				point where the interconnection facilities connect with the utility's
				system.
H. Power conversion unit
				(PCU) means an inverter or AC generator, not including the energy
				source.
I. Qualifying facility
				means a cogeneration facility or a small power production facility which meets
				the criteria for qualification contained in
				18 C.F.R. Section
				292.203.
J. Rated capacity means the total AC
				nameplate rating of the power conversion unit(s) at the point of common
				coupling.
K. System means the
				facilities owned, controlled, or operated by the utility that are used to
				provide electric service under a utility's tariff.
L. Utility means a utility or public utility
				as defined in NMSA 62-3-3(G) serving electric customers subject to the
				jurisdiction of the commission.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 569 - INTERCONNECTION OF GENERATING FACILITIES WITH A RATED CAPACITY GREATER THAN 10 MW CONNECTING TO A UTILITY SYSTEM › Section 17.9.569.8 - GENERAL PROVISIONS FOR INTERCONNECTION APPLICATIONS FOR FACILITES WITH RATED CAPACITIES GREATER THAN 10 MW

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				A utility shall interconnect with any interconnection customer that:
(1) is in its service area;
(2) qualifies for the interconnection
				procedures in this rule 17.9.569 NMAC;
(3) files an interconnection application in
				accordance with Subsection B of 17.9.569.8 NMAC;
(4) meets the utility's system safety
				standards;
(5) has paid the
				estimated costs of interconnection (if applicable);
(6) has entered into a contract with the
				utility pursuant to 17.9.569 NMAC;
(7) has substantially completed a generating
				facility that is capable of operating safely and commencing the delivery of
				power into the utility system; and
(8) has provided a statement from a licensed
				professional electrical engineer certifying that the design of the generating
				facility and its interconnection equipment comply with utility requirements and
				with reasonable interconnection safety and design standards and prudent
				electrical practices.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 569 - INTERCONNECTION OF GENERATING FACILITIES WITH A RATED CAPACITY GREATER THAN 10 MW CONNECTING TO A UTILITY SYSTEM › Section 17.9.569.9 - VARIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A party may file a request for a variance from the
				  requirements of this rule. Such application shall describe the reasons for the
				  variance; set out the effect of complying with this rule on the parties and the
				  utility's customers if the variance is not granted; identify the section(s) of
				  this rule for which the variance is requested; describe the expected result
				  which the request will have if granted; and state how the variance will aid in
				  achieving the purposes of this rule. The commission may grant a request for a
				  procedural variance through an order issued by the chairman, a commissioner or
				  a designated hearing examiner. Other variances shall be presented to the
				  commission as a body for determination.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 570 - GOVERNING COGENERATION AND SMALL POWER PRODUCTION › Section 17.9.570.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. 17.9.570 NMAC
				applies to every electric utility (investor-owned, rural electric cooperative,
				municipal, or an entity providing wholesale rates and service) operating within
				the state of New Mexico that is subject to the jurisdiction of the New Mexico
				public regulation commission as provided by law.
B. It is intended that the obligations of
				utilities provided for in 17.9.570 NMAC shall extend to both production and
				consumption functions of qualifying facilities irrespective of whether the
				production and consumption functions are singly or separately owned. In
				situations where the production and consumption functions are separately owned,
				the qualifying facility or its operator may elect to enter into the contract
				with the utility.
C. All
				interconnection contracts between utilities and qualifying facilities existing
				at the time 17.9.570 NMAC is adopted shall automatically continue in full force
				and effect with no change in rates for the purchase of power from the
				qualifying facilities. Any changes made to the existing interconnection
				contracts shall be made by mutual agreement and shall conform to the provisions
				of 17.9.570 NMAC.
D. Variances
				which have been granted by the commission from earlier versions of general
				order no. 37 and under 17.9.570 NMAC shall continue in full force and effect
				unless the commission specifically rescinds any such variance.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 570 - GOVERNING COGENERATION AND SMALL POWER PRODUCTION › Section 17.9.570.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  8-8-15,
				  62-6-4,
				  62-6-19,
				  62-6-24,
				  and
				  62-8-2 NMSA
				  1978; 16 USCA Section 2621.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 570 - GOVERNING COGENERATION AND SMALL POWER PRODUCTION › Section 17.9.570.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
May 24, 2022, unless a later date is cited at the end of a
				  section. Applications filed prior to this effective date shall be governed by
				  the specific orders related to those applications.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 570 - GOVERNING COGENERATION AND SMALL POWER PRODUCTION › Section 17.9.570.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. 17.9.570 NMAC is
				to govern the purchase of power from and sale of power to qualifying facilities
				by:
(1) enabling the development of a market
				for the power produced by qualifying facilities;
(2) establishing reasonable and objective
				criteria to determine when a legally enforceable obligation arises;
(3) establishing guidelines for the
				calculation of utilities' avoided costs, including the option to use
				market-based methods to calculate avoided energy and capacity costs;
				and
(4) providing meaningful access
				to critical cost information from utilities.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 570 - GOVERNING COGENERATION AND SMALL POWER PRODUCTION › Section 17.9.570.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Terms defined in the Public Utility Regulatory Policies Act
				  of 1978 (PURPA) shall have the same meaning for purposes of this rule as they
				  have under PURPA, unless further defined in
				  18
				  CFR 292.101. The following definitions apply
				  for purposes of this rule:
A.
Definitions beginning with "A":
(1)
avoided costs
means the
				incremental costs to an electric utility of electric energy or capacity or both
				which, but for the purchase from the qualifying facility or qualifying
				facilities, such utility would generate itself or purchase from another source.
				Avoided costs shall exclude all costs that the utility would not have been
				incurred "but for" the sale by the qualifying facility. Costs that would not
				have been incurred "but for" the sale by the qualifying facility shall include,
				but are not limited to, settlement adjustment charges and costs associated with
				additional reserves, systems operation impacts, and curtailments;
(2)
as available power
means
				power that a qualifying facility may sell, but has no legal obligation to sell,
				to the utility.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 570 - GOVERNING COGENERATION AND SMALL POWER PRODUCTION › Section 17.9.570.9 - OBLIGATION TO PURCHASE

Current through Register Vol. 35, No. 13, July 16, 2024
A. If a
				qualifying facility elects to sell power to the utility on an as-available
				basis, the utility shall purchase power from the qualifying facility from the
				date the qualifying facility begins providing as-available power to the
				utility.
B. If a qualifying
				facility elects to sell power to the utility in accordance with a legally
				enforceable obligation, the legally enforceable obligation arises on the date
				that the qualifying facility demonstrates compliance with all of the following
				prerequisites:
(1) The qualifying facility has
				filed an interconnection application with the appropriate entity and has
				tendered all required fees to that entity;
(2) The qualifying facility has taken
				meaningful steps to obtain site control to construct the entire qualifying
				facility, which the qualifying facility may demonstrate through the production
				of executed agreements and through similar measures;
(3) The qualifying facility has applied for
				all required federal, state, and local permits and licenses necessary to
				construct and operate the facility, and has tendered all required fees to the
				appropriate governmental authorities;
(4) The qualifying facility has completed all
				environmental studies and other actions necessary to support permit and license
				applications including but not limited to acquired and recorded in the
				appropriate governmental offices all real property rights necessary to
				construct and operate the facility, such as real property leases, rights of
				way, line locations approvals and easements;
(5) The qualifying facility has obtained or
				applied for financing of the proposed project, as evidenced by loan application
				documents or other types of financing applications;
(6) The qualifying facility has provided the
				utility with a construction plan and timeline for the construction of the
				facility, including construction cost quotes; and
(7) The qualifying facility has submitted a
				self-certification to the federal energy regulatory commission that has not
				been revoked, has received an order from the federal energy regulatory
				commission certifying qualifying facility status, or has otherwise demonstrated
				that certification as a qualifying facility is not required under the Federal
				Energy Regulatory Commission's regulations.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 570 - GOVERNING COGENERATION AND SMALL POWER PRODUCTION › Section 17.9.570.10 - METERING OPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				General.
(1) A qualifying facility
				contracting to provide power may displace its own load. The utility may require
				appropriate metering. Billing for any power from the utility will be at the
				utility's approved rate applicable to the service provided to the qualifying
				facility in accordance with Subsections A-G of
				17.9.570.12
				NMAC.
(2) The tariff filed by each
				utility pursuant to Subsection H of
				17.9.570.13
				NMAC shall include the offer to any qualifying facility that has not contracted
				to receive capacity payments, the metering options in Subsections B, C and D of
				17.9.570.10 NMAC.
(3) The options
				of Subsections B, C and D of 17.9.570.10 NMAC may involve time-of-day metering
				if the utility has in effect time-differentiated rates and metering for the
				class of customer to which the qualifying facility belongs or if the parties
				negotiate time-differentiated payments to the qualifying
				facility.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 570 - GOVERNING COGENERATION AND SMALL POWER PRODUCTION › Section 17.9.570.11 - DETERMINATION OF RATES FOR PURCHASES FROM QUALIFYING FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
A utility shall pay a qualifying facility avoided costs
				for energy or capacity purchased from the qualifying facility. Avoided costs
				are defined in Subsection A of
				17.9.570.7
				NMAC. The energy rate represents avoided energy costs for the purposes of
				17.9.570 NMAC. The avoided energy or capacity rate determined as provided
				herein represents avoided energy or avoided capacity costs for the purposes of
				17.9.570 NMAC
.
B.
Energy rate:
(1) Within one year
				of the approval of this rule, each utility subject to the commission's
				jurisdiction shall apply for approval of a tariff that specifies a method for
				determining avoided energy costs as specified herein to establish the avoided
				energy cost rates paid by that utility to qualifying facilities.
(a) A utility participating in the Western
				EIM may establish the energy rate to be paid for power supplied by a qualifying
				facility by reference to the appropriate Western EIM locational marginal price
				determined on an hourly basis if such locational marginal price is
				representative of the utility's avoided cost. To implement this option for the
				avoided cost energy rate, the utility must set forth in its current tariff on
				file with the commission the applicable Western EIM pricing location.
(b) A utility participating in the SPP may
				establish the energy rate to be paid for power supplied by a qualifying
				facility by reference to the appropriate SPP locational marginal price if such
				locational marginal price is representative of the utility's avoided cost, as
				defined herein. To implement this option for the avoided cost energy rate, the
				utility must set forth in its current tariff on file with the commission the
				applicable SPP pricing location.
(c) Any utility that participates in a market
				has the flexibility to establish avoided energy cost rates based on the rule
				criteria. Any utility that does not participate in the Western EIM or the SPP
				may establish avoided energy cost rates based on:
(i) Locational marginal prices, if any are
				available;
(ii) Market hub
				prices;
(iii) Formulas based on
				natural gas prices;
(iv)
				Competitive solicitations; or
(v)
				Mutual agreement between the qualifying facility and the utility.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 570 - GOVERNING COGENERATION AND SMALL POWER PRODUCTION › Section 17.9.570.12 - OBLIGATION TO SELL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Rates
				to be offered. Utilities are required to provide supplementary power, backup
				power, maintenance power, and interruptible power to qualifying facilities
				irrespective of whether the production and consumption functions of the
				qualifying facility are singly or separately owned. The rates for supplementary
				power, backup power, maintenance power, and interruptible power shall be
				calculated as provided for in this section (17.9.570.12 NMAC) and included in
				the tariff for each utility to be filed pursuant to 17.9.570 NMAC. Utilities
				may charge a facilities fee for equipment dedicated to the customer pursuant to
				the utility's rate schedules and rules governing the utility's practices for
				recovering such costs. The computation of the facilities fee shall take into
				account the costs of facilities already paid for by the customer before
				installing a qualifying facility.
B. Supplementary power.
(1) Qualifying facilities shall be entitled
				to supplementary power under the same retail rate schedules that would be
				applicable to those retail customers having power requirements equal to the
				supplementary power requirements of the qualifying facility. Any ratchet
				enforced through the "billing demand" provisions of such retail schedules shall
				also apply.
(2) To determine the
				amount of supplementary power required, supplementary power shall be measured
				to each qualifying facility through appropriate metering devices which are
				adequate to determine whether supplementary or backup power is being utilized.
				The demand interval used shall be the same as that contained in the applicable
				retail rate schedule.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 570 - GOVERNING COGENERATION AND SMALL POWER PRODUCTION › Section 17.9.570.13 - PERIODS WHEN PURCHASES AND SALES ARE NOT REQUIRED AND GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. System
				emergencies.
(1) During any system emergency
				a utility may discontinue on a nondiscriminatory basis:
(a) purchases from a qualifying facility if
				such purchases would contribute to such emergency, and
(b) sales to a qualifying facility provided
				that such discontinuance is on a previously established nondiscriminatory
				basis.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 570 - GOVERNING COGENERATION AND SMALL POWER PRODUCTION › Section 17.9.570.15 - STANDARD METERING AND BILLING AGREEMENT FOR QUALIFYING FACILITIES WITH A DESIGN CAPACITY OF GREATER THAN 10 KW AND LESS THAN OR EQUAL TO 10 MW

Current through Register Vol. 35, No. 13, July 16, 2024
This agreement is made as of the_____ day of _____, 20____,
				  by and between _________ ("customer") and____________ ("utility") also referred
				  to collectively as "parties" and singularly as "party." Customer receives
				  electric service from utility at __________________ (location/address) under
				  account __________________. Customer has located at these premises a qualifying
				  facility ("QF") as defined by 17.9.570 NMAC, having an installed capacity of
				  greater than 10 kilowatts and up to and including 10 megawatts, which is
				  interconnected to utility pursuant to an interconnection agreement, attached as
				  exhibit A. For good and valuable consideration, customer desires to sell or
				  provide electricity to utility from the QF and utility desires to purchase or
				  accept all the energy produced by the QF that is not consumed by customer, and
				  the parties agree to the following terms and conditions:
A.
DEFINITIONS.
Whenever used
in the agreement
, the following words and phrases shall have the
				following meanings:
(1)
agreement
shall mean this agreement and all schedules, tariffs, attachments, exhibits,
				and appendices attached hereto and incorporated herein by reference;
(2)
interconnection facilities
shall mean all machinery, equipment, and fixtures required to be installed
				solely to interconnect and deliver power from the QF to the utility's system,
				including, but not limited to, connection, transformation, switching, metering,
				relaying, line and safety equipment and shall include all necessary additions
				to, and reinforcements of, the utility's system;
(3)
prudent electrical practices
shall mean those practices, methods and equipment, as changed from time to
				time, that are commonly used in prudent electrical engineering and operations
				to operate electric equipment lawfully, and with safety, dependability,
				efficiency and economy;
(4)
qualifying facility (QF)
means a cogeneration facility or a small
				power production facility which meets the criteria for qualification contained
				in
				18 C.F.R. Section
				292.203;
(5)
point of delivery
means the
				geographical and physical location described on exhibit B hereto; such exhibit
				depicts the location of the QF's side of interconnection facilities where
				customer is to (sell and) deliver electric energy pursuant to this agreement or
				pursuant to a separate wheeling agreement;
(6)
termination
means
				termination of this agreement and the rights and obligations of the parties
				under this agreement, except as otherwise provided for in this
				agreement;
(7)
suspension
means suspension of the obligation of the utility to
				interconnect with and purchase electricity from the customer.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 572 - RENEWABLE ENERGY FOR ELECTRIC UTILITIES › Section 17.9.572.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  62-13-13.1 NMSA 1978 and 62-16-1
				  to 62-16-10 NMSA 1978.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 572 - RENEWABLE ENERGY FOR ELECTRIC UTILITIES › Section 17.9.572.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 28, 2023, unless a later date is cited at the end
				  of a section.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 572 - RENEWABLE ENERGY FOR ELECTRIC UTILITIES › Section 17.9.572.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to implement the Renewable Energy
				  Act, Sections
				  62-16-1 to
				  62-16-10 NMSA 1978, and to bring
				  significant economic development and environmental benefits to New
				  Mexico.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 572 - RENEWABLE ENERGY FOR ELECTRIC UTILITIES › Section 17.9.572.8 - LIBERAL CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
This rule shall be liberally construed to carry out its
				  intended purposes. If any provision of this rule, or the application thereof to
				  any person or circumstance, is held invalid, the remainder of the rule, or the
				  application of such provision to other persons or circumstances, shall not be
				  affected thereby.