reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 6 - AFFILIATE TRANSACTIONS › Part 450 - AFFILIATE TRANSACTIONS › Section 17.6.450.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
When used in NMPSC Rule 450 [17.6.450 NMAC] unless otherwise
				  specified the following definitions will apply:
A. "Affiliated Interest" or "Affiliate" is as
				defined by NMSA 1978, Section
				62-3-3
				A.
B. "Class I Transaction" is as
				defined by NMSA 1978, Section
				62-3-3
				J.
C. "Class II Transaction" is as
				defined by NMSA 1978, Section
				62-3-3
				K.
D. "Commission" means the New
				Mexico Public Service Commission. [New Mexico Public Regulation
				Commission]
E. "Holding Company" or
				"Public Utility Holding Company" is as defined by NMSA 1978, Section
				62-3-3
				M.
F. "Corporate Subsidiary" is as
				defined by NMSA 1978, Section
				62-3-3
				L.
G. "Utility" or "Public Utility"
				is as defined by NMSA 1978, Section
				62-3-3
				G.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 6 - AFFILIATE TRANSACTIONS › Part 450 - AFFILIATE TRANSACTIONS › Section 17.6.450.8 - TABLE OF CONTENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				General Provisions: [17.6.450.9 NMAC]
(1)
				Purpose [17.6.450.6 NMAC]
(2)
				Authority [17.6.450.3 NMAC]
(3)
				Reason for Adoption [17.6.450.9 NMAC]
(4) Application [17.6.450.2 NMAC]
(5) Investigation [17.6.450.9 NMAC]
(6) Definitions [17.6.450.7 NMAC]
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 6 - AFFILIATE TRANSACTIONS › Part 450 - AFFILIATE TRANSACTIONS › Section 17.6.450.9 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Reason
				for Adoption: NMPSC Rule 450 [17.6.450 NMAC] is adopted in order to fulfill the
				requirements of NMSA 1978, Section
				62-6-19
				E.
B. Investigation: The Commission
				hereby undertakes an ongoing investigation into Class I transactions and Class
				II transactions and their resulting effects, and finds that the information
				required to be provided by NMPSC Rule 450 [17.6.450 NMAC] is reasonably
				required and is pertinent, material, and relevant to such
				investigation.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 6 - AFFILIATE TRANSACTIONS › Part 450 - AFFILIATE TRANSACTIONS › Section 17.6.450.11 - CLASS I TRANSACTIONS: NOTIFICATION OF CLASS I TRANSACTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A public utility
				which enters into any agreement or other arrangement or any amendment thereto
				under which a Class I transaction would occur shall give written notification
				to the Commission within five (5) days after the agreement, arrangement, or
				amendment thereto is entered into.
B. Such notification shall include:
(1) the terms of the arrangement, agreement,
				or amendment;
(2) a description of
				the goods, services, or other property interest to be provided to or by the
				utility;
(3) a discussion
				(including any studies or other pertinent information) of whether the utility
				could or attempted to obtain the goods or services at a price lower than that
				obtainable under the Class I transaction;
(4) if the utility is selling, leasing, or
				providing goods, services, or other property interests to an affiliate, a
				discussion (including any studies or other pertinent information) of whether
				the utility could or attempted to obtain a better price than under the Class I
				transaction; and
(5) a statement of
				the purpose of the transaction explaining how it benefits the utility or its
				ratepayers or both.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 6 - AFFILIATE TRANSACTIONS › Part 450 - AFFILIATE TRANSACTIONS › Section 17.6.450.12 - PROCEDURES FOR APPLICATIONS FOR APPROVAL OF GENERAL DIVERSIFICATION PLANS: APPLICATIONS FOR APPROVAL OF GENERAL DIVERSIFICATION PLANS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A utility seeking approval of its general
				diversification plan shall file an application with the Commission.
B. Concurrently with the filing of any
				application under NMPSC Rule 450 [17.6.450 NMAC] the utility will send notice
				of such filing to each intervenor in its preceding rate case and the Attorney
				General.
C. Upon the filing of any
				application under NMPSC Rule 450 [17.6.450 NMAC] the Commission shall determine
				whether good cause exists to hold a hearing in the matter. If the Commission
				determines that good cause exists, notice of the hearing shall be given to the
				utility and each intervenor in its preceding rate case, and notice shall also
				be published in a newspaper of general circulation in the county where the
				principal New Mexico office of the utility is located and such other counties
				as the Commission directs. Such notice shall be given at least twenty (20) days
				prior to the hearing.
D. If the
				Commission determines that good cause does not exist to hold a hearing, public
				notice shall be published as above at least twenty (20) days prior to
				consideration by the Commission at an open meeting. The applicant shall bear
				the cost of all publications.
E.
				Hearings and other procedures will be conducted in a manner consistent with the
				Commission's Rules of Practice and Procedure.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 6 - AFFILIATE TRANSACTIONS › Part 450 - AFFILIATE TRANSACTIONS › Section 17.6.450.14 - RATE TREATMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Allocations: There is no presumption that a utility's allocation method is
				reasonable. The burden of proof shall be on the utility in a rate case or other
				proceeding to justify its method of allocation of expenses, any factors used,
				and amounts allocated.
B. Class I
				Transactions: There is no presumption that a Class I transaction is reasonable.
				The utility has the burden of proof to show that all Class I transaction costs
				and contract conditions are reasonable.
C. Class II Transactions: The utility shall
				bear the burden of proof to show that its rates, costs including cost of
				capital, and service have not been materially and adversely affected by any
				Class II transaction or its resulting effect and that the utility has not
				subsidized its affiliates.
D.
				Confidentiality: Any person who so qualifies may petition the Commission for a
				protective order for confidential or proprietary information, as provided by
				NMSA 1978, Section 62-6-17(D).
E.
				Sanctions for Failure to Provide or Permit Discovery: If any person fails to
				obey an order to provide or permit discovery with regard to any matter related
				to Class I transactions or Class II transactions and their resulting effect,
				the Commission may impose sanctions pursuant to Rule 37 of the New Mexico Rules
				of Civil Procedure for the District Courts and/or penalties pursuant to NMSA
				1978, Article 12, Chapter 62, and/or if the person is a utility the Commission
				may disapprove the utility's general diversification plan.
F. Remedies:
(1) Upon a finding that a utility has failed
				to carry its burden of proof regarding Class I and Class II transactions, or
				upon a finding that a Class II transaction or its resulting effect is adversely
				and materially affecting the utility's ability to provide reasonable and proper
				service at just and reasonable rates, or a finding that a cross-subsidization
				or improper allocation has occurred, the Commission may take such steps as it
				deems necessary to correct such situations and to compensate ratepayers for any
				resulting risks, costs, service reductions, or other adverse and material
				effects including, but not limited to, adjustments to the utility's cost of
				capital, capital structure, expenses, or revenues.
(2) Upon a Commission finding that a Class II
				transaction or the resulting effect thereof has materially and adversely
				affected the utility's ability to provide reasonable and proper utility service
				at fair, just, and reasonable rates and/or imposed other costs or risks on the
				ratepayer, the Commission may order the utility to develop and file a proposed
				plan of action which will eliminate the cause of, and compensate ratepayers
				for, such effect, costs, or risks and will provide appropriate monitoring
				procedures.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 6 - AFFILIATE TRANSACTIONS › Part 450 - AFFILIATE TRANSACTIONS › Section 17.6.450.15 - DIVESTITURE AND SPIN-OFF: COMMISSION APPROVAL REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
An affiliate or a holding company may not divest itself of or
				  spin-off a public utility without the prior written approval of the Commission.
				  The Commission shall investigate such divestiture or spin-off and shall give
				  its approval only upon a showing that such divestiture or spin-off is in the
				  public interest.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 6 - AFFILIATE TRANSACTIONS › Part 450 - AFFILIATE TRANSACTIONS › Section 17.6.450.17 - ADDITIONAL INVESTIGATIONS AND INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
The Commission may conduct additional investigations of any
				  matters pertaining to Class I and Class II transactions where it deems
				  appropriate and may require additional information to be
				  filed.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 6 - AFFILIATE TRANSACTIONS › Part 450 - AFFILIATE TRANSACTIONS › Section 17.6.450.18 - ENFORCEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Enforcement of NMPSC Rule 450 [17.6.450 NMAC], any provision
				  thereof, or any order of the Commission pursuant to NMPSC Rule 450 [17.6.450
				  NMAC] may be accomplished through any sanction, method, or procedure expressed
				  or implied in the Public Utility Act.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 6 - AFFILIATE TRANSACTIONS › Part 450 - AFFILIATE TRANSACTIONS › Section 17.6.450.19 - MISCELLANEOUS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Powers Not
				Limited: Nothing contained herein shall be construed to limit the Commission in
				its powers, duties, or authority under the Public Utility Act.
B. Supplement to Other Rules: NMPSC Rule 450
				[17.6.450 NMAC] does not supersede any other rule of the Commission but is to
				be construed as a supplement to such rules.
C. Severability: If any part or application
				of NMPSC Rule 450 [17.6.450 NMAC] is held invalid, the remainder or its
				application shall not be affected.
D. Variances: The Commission may in its
				discretion grant variances from any provisions herein or their
				application.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 6 - AFFILIATE TRANSACTIONS › Part 450 - AFFILIATE TRANSACTIONS › Section 17.6.450.20 - HISTORY

Current through Register Vol. 35, No. 13, July 16, 2024
Codified by NMPSC Case No. 2086, order dated June 30, 1988,
				  Amended by NMPSC Case No. 2232, order dated December 19, 1988; Amended by NMPSC
				  Case No. 2277, order dated December 29, 1989. Formerly NMPSC General Order 39,
				  superseded for purposes of rule reorganization and
				  codification.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 2 - ENERGY EFFICIENCY › Section 17.7.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  8-8-16,
				  62-3-1,
				  62-8-6,
				  62-17-1
et. seq.,
NMSA 1978.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 2 - ENERGY EFFICIENCY › Section 17.7.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 26, 2017 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 7 - ENERGY CONSERVATION › Part 2 - ENERGY EFFICIENCY › Section 17.7.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to implement the Efficient Use of
				  Energy Act and establish criteria to evaluate and implement cost-effective
				  measures or programs that reduce energy demand and energy consumption. The rule
				  also specifies how annual program funding is to be determined; how the public
				  utility's prior commission approved total portfolio of programs will be
				  cost-effective; how the public utility's total new portfolio of programs will
				  be cost-effective; and establishes annual incentive criteria for a public
				  utility.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 2 - ENERGY EFFICIENCY › Section 17.7.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions used in Section
				  62-17-4
				  NMSA 1978, the following definitions apply to this rule:
A.
Definitions beginning with "A":
				application
means a utility application for commission approval of
				proposed energy efficiency measures or programs and load management measures or
				programs;
B.
Definitions
				beginning with "B": [RESERVED]
C.
Definitions beginning with "C":
				[RESERVED]
D.
Definitions beginning with "D": [RESERVED]
E.
Definitions beginning with "E":
				estimate or estimated
means a projection or forecast utilizing well
				known, commercially available or standard engineering, economic and financial
				calculations, ratings and simulations, or other reasonable means;
F.
Definitions beginning with "F":
				[RESERVED]
G.
Definitions beginning with "G": [RESERVED]
H.
Definitions beginning with "H":
				[RESERVED]
I.
Definitions beginning with "I": [RESERVED]
J.
Definitions beginning with "J":
				[RESERVED]
K.
Definitions beginning with "K": [RESERVED]
L.
Definitions beginning with
				"L":
(1)
life-cycle basis
means utilizing the expected useful life of the energy efficiency and load
				management measures or programs and applying a net present value methodology
				that does not adjust a discount rate for taxes in order to estimate the
				associated monetary costs and avoided monetary costs of the measure or program
				being evaluated;
(2)
low
				income customer
means a customer with an annual household income at or
				below two hundred percent of the federal poverty level, as published annually
				by the United States department of health and human services;
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 2 - ENERGY EFFICIENCY › Section 17.7.2.9 - RESIDENTIAL PROGRAMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				programs should enable residential customers or households to conserve energy,
				reduce demand, or reduce residential energy bills.
B. Provided that the public utility's total
				portfolio of programs remains cost-effective, no less than five percent of the
				amount received by the public utility for program costs shall be specifically
				directed to energy efficiency programs for low-income customers.
(1) A public utility may coordinate with
				existing community resources, including affordable housing programs, and
				low-income weatherization programs managed by other utilities and federal,
				state, county, or local governments. This section does not preclude the public
				utility from designing and proposing other low-income programs.
(2) Whenever possible, providers of
				low-income energy efficiency measures or programs should have demonstrated
				experience and effectiveness in the design, administration and provision of
				low-income measures and programs, along with experience in identifying and
				conducting outreach to low-income households. In the absence of qualified
				independent agencies, a public utility that does not provide measures or
				programs directly, may solicit qualified competitive bids for these
				services.
(3) In developing the
				utility cost test for energy efficiency and load management measures and
				programs directed to low-income customers, unless otherwise quantified in a
				commission proceeding, the public utility shall assume that twenty percent of
				the calculated energy savings is the reasonable value of reductions in working
				capital, reduced collection costs, lower bad-debt expense, improved customer
				service, effectiveness, and other appropriate factors qualifying as utility
				system economic benefits.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 2 - ENERGY EFFICIENCY › Section 17.7.2.12 - MODIFICATION OR TERMINATION OF PROGRAMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Within each plan year, the utility,
				commission staff, attorney general, energy, minerals and natural resources
				department, or any other interested party, may petition the commission to
				modify or terminate a measure or program, or to approve a new program, for good
				cause by filing a motion in the same docket in which the public utility filed
				its most recent application. Program modification or termination shall not
				nullify any preexisting obligations of the utility, alternative energy
				efficiency provider, or contractor, for performance or failure to perform.
				Termination of a program or programs shall be accomplished in a manner that
				allows the utility to fully recover its prudent and reasonable program
				costs.
B. Within each plan year, a
				utility may add or subtract measures within a program, modify customer
				incentive levels, or make other adjustments to an approved program if necessary
				for the overall success of the program and so long as the portfolio of programs
				remains cost effective under the utility cost test.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 2 - ENERGY EFFICIENCY › Section 17.7.2.13 - FILING REQUIREMENTS FOR COST RECOVERY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Electric utility recovery of program costs
				shall only be from customer classes with an opportunity to participate in
				approved measures and programs, and shall be three percent to five percent of
				customers' bills or seventy-five thousand dollars ($75,000) per customer per
				plan year, whichever is less. For gas utilities, recovery of program costs
				shall be no more than five percent of total annual revenues adjusted to
				maximize the impact on any single customer to $75,000.00 per plan
				year.
B. The public utility, at its
				option, may recover its prudent and reasonable program costs and approved
				incentives, either through an approved tariff rider, in base rates or by
				combining recovery through a tariff rider and base rates.
C. If a public utility seeks recovery of
				costs through a tariff rider, a utility shall present the proposed ratemaking
				treatment to the commission for approval. The proposal shall reconcile recovery
				of any costs currently being recovered through a tariff rider or in base rates,
				or by a combination of the two, as well as any new costs proposed to be
				recovered through a tariff rider or in base rates, or by a combination of the
				two.
(1) The tariff rider shall be applied on
				a monthly basis, unless otherwise allowed by the commission.
(2) Unless otherwise ordered by the
				commission, a tariff rider approved by the commission shall require language on
				customer bills explaining program benefits.
(3) A public utility seeking approval of a
				tariff rider shall file an advice notice containing the information required by
				17.1.2.210.11 NMAC and served upon the individuals and entities set forth in
				that rule. The proposed tariff rider shall go into effect 30 days after filing,
				unless suspended by the commission for a period not to exceed 180 days. If the
				commission has not acted to approve or disapprove the tariff rider by the end
				of an ordered suspension period, or within 30 days of filing, it shall be
				deemed approved as a matter of law.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 2 - ENERGY EFFICIENCY › Section 17.7.2.14 - ANNUAL REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Annual
				reports shall provide information relating to the public utility's actions to
				comply with the Efficient Use of Energy Act.
B. Each public utility shall post its annual
				report on a publicly accessible website.
C. Annual reports shall include the following
				for each measure and program:
(1)
				documentation of program expenditures and estimates of the program expenditures
				expected in the next year, including documentation of any adjustments to
				expenditures in the plan year and expected adjustments to the next plan
				year;
(2) estimated and actual
				customer participation levels;
(3)
				estimated and actual energy savings;
(4) estimated and actual demand
				savings;
(5) estimated and actual
				monetary costs of the public utility;
(6) estimated and actual avoided monetary
				costs of the public utility;
(7) an
				evaluation of its cost-effectiveness; and
(8) an evaluation of the cost-effectiveness
				and pay-back periods of self-directed programs.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 2 - ENERGY EFFICIENCY › Section 17.7.2.15 - MEASUREMENT AND VERIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Every energy efficiency and load management program shall be independently
				evaluated at least every three years. Every year, a public utility shall submit
				to the commission a comprehensive measurement, verification and program
				evaluation report prepared by an independent program evaluator.
(1) The independent program evaluator shall,
				at a minimum determine and verify energy and demand savings;
(a) determine and verify energy and demand
				savings;
(b) determine program cost
				effectiveness by applying the monetary values contained in the utility's
				approved plan year application;
(c)
				assess the public utility's performance in implementing energy efficiency and
				load management programs;
(d)
				assess whether the utility has failed to meet its requirements under the
				Efficient Use of Energy Act or has not operated in good faith;
(e) provide recommended improvements on
				program performance for commission directed modification;
(f) confirm that commission approved measures
				and programs were installed or implemented, meet reasonable quality standards,
				and are operating fully and correctly;
(g) utilize applicable international
				performance measurement and verification protocols, describe any deviation from
				those protocols, and explain the reason for that deviation; and
(h) fulfill any other measurement and
				verification statutory requirements not specifically delineated
				herein.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 2 - ENERGY EFFICIENCY › Section 17.7.2.16 - RURAL ELECTRIC COOPERATIVES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Distribution cooperative utilities shall,
				within 24 months after the effective date of this rule, and every 24 months
				thereafter, examine potential customer assistance in reducing energy
				consumption or peak electricity demand in a cost-effective manner. Based on
				these studies, distribution cooperative utilities shall establish and implement
				energy efficiency and load management targets and programs that are
				economically feasible and practical for their members and customers. Approval
				for such programs shall reside with the governing body of each distribution
				cooperative utility rather than the commission.
B. Each distribution cooperative utility
				shall simultaneously file with the commission its annual report by May 1st,
				along with a report describing the cooperative's examination of efficiency
				potential set forth in Subsection A of Section 17.7.2.18 NMSA 1978. The
				distribution cooperative utility's report will also address all of its programs
				or measures that promote energy efficiency, conservation or load management.
				The report shall set forth the costs of each of the programs or measures for
				the previous calendar year and the resulting effect on electricity consumption.
				In offering or implementing energy efficiency, conservation or load management
				programs, a distribution cooperative utility shall attempt to minimize any
				cross-subsidies between customer classes.
C. Each distribution cooperative utility
				shall include in the report required by Subsection B of Section 17.7.2.18 NMSA
				1978, a description of all planned programs or measures to promote energy
				efficiency, conservation or load management and the anticipated implementation
				date.
D. Costs resulting from
				programs or measures to promote energy efficiency, conservation or load
				management may be recovered by the distribution cooperative utility through its
				general rates. In requesting approval to recover such costs in general rates,
				the distribution cooperative utility may elect to use the procedure set forth
				in Subsection G of Section
				62-8-7
				NMSA 1978.
E. The commission may
				develop necessary compliance forms.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 2 - ENERGY EFFICIENCY › Section 17.7.2.18 - AUDIT

Current through Register Vol. 35, No. 13, July 16, 2024
The commission may order a public utility to submit to an
				  audit that examines whether the public utility's energy efficiency and load
				  management program costs are prudent, reasonable and being properly assigned to
				  programs in accordance with this rule, commission orders, and other applicable
				  requirements and standards. The cost of such audit shall be considered
				  recoverable program costs, unless it results in a commission order containing
				  findings of the public utility's malfeasance, in which case, audit costs shall
				  not be recoverable from the public utility's customers.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 2 - ENERGY EFFICIENCY › Section 17.7.2.19 - VARIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
Written applications for a variance from any of the
				  provisions of this guideline shall:
A.
				state the reason(s) for the variance request;
B. identify each of the sections of this
				guideline for which a variance is requested;
C. describe the effect the variance will
				have, if granted, on compliance with this guideline;
D. describe how granting the variance will
				not compromise, or will further, the purposes of this guideline; and
E. indicate why the proposed variance is a
				reasonable alternative to the requirements of this guideline.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 3 - INTEGRATED RESOURCE PLANS FOR ELECTRIC UTILITIES › Section 17.7.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. This rule
				applies to all electric utilities subject to the commission's jurisdiction over
				integrated resource planning.
B.
				Impact on other rules: Except as specifically provided herein, this rule does
				not supersede any other rule of the commission but is to be construed as a
				supplement to such rules.
C.
				Severability: If any part or application of this rule is held invalid, the
				remainder of its application shall not be affected.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 3 - INTEGRATED RESOURCE PLANS FOR ELECTRIC UTILITIES › Section 17.7.3.3 - 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 Constitution, Article XI, Section 2; the Public
				  Regulation Commission Act, Paragraph (10) of Subsection B of Section
				  8-8-4
				  NMSA 1978 and Section
				  8-8-15
				  NMSA 1978; the Public Utility Act, Section
				  62-3-1 NMSA
				  1978, et seq., Section
				  62-3-2
				  NMSA 1978, Subsection H of Section
				  62-3-3
				  NMSA 1978, Section
				  62-6-4
				  NMSA 1978, Section
				  62-8-1 NMSA
				  1978, and Section 62-8-13 NMSA 1978; the Efficient Use of Energy Act, Section
				  62-17-1
				  NMSA 1978, et seq., and Section
				  62-17-10
				  NMSA 1978; the Renewable Energy Act, Section
				  62-16-1
				  NMSA 1978, et seq.; the Energy Transition Act, 62-18-1 NMSA 1978, et seq.; the
				  grid modernization statute, Section 62-8-13 NMSA 1978; and the Community Solar
				  Act, Section 62-16B-1 NMSA 1978, et seq.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 3 - INTEGRATED RESOURCE PLANS FOR ELECTRIC UTILITIES › Section 17.7.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 27, 2022, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 3 - INTEGRATED RESOURCE PLANS FOR ELECTRIC UTILITIES › Section 17.7.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The objective of
				this rule is to set forth the commission's requirements for the preparation,
				filing, review, and acceptance of integrated resource plans by public utilities
				supplying electric service in New Mexico in order to identify the most
				cost-effective portfolio of resources to supply the energy needs of customers.
				This rule regulates utility integrated resource planning and procurement
				consistent with the commission's statutory obligations to ensure fair, just,
				and reasonable rates.
B. This rule
				serves the commission's objectives of increasing transparency, involving
				stakeholder participation early in the process, and tying the IRP outcome
				directly to the procurement process.
C. To assist utilities in identifying the
				most cost-effective portfolio, this rule establishes a transparent, competitive
				format for analyzing alternative resource portfolio plans.
D. This format promotes fair and robust
				competition in selection of resources to ensure consistency, efficiency, and
				harmony with the integrated resource planning and procurement process.
(1) In proposing cost-effective resources,
				utilities shall prioritize those that best comply with the state's requirements
				for reducing greenhouse gas emissions, fostering equitable clean energy
				development, and grid modernization.
(2) Utilities shall consider the following
				resources, including but not limited to: distributed energy resources, demand
				response, energy efficiency, renewable energy, flexible generation,
				low-emission or zero carbon resources, energy storage systems, and transmission
				and distribution grid improvements.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 3 - INTEGRATED RESOURCE PLANS FOR ELECTRIC UTILITIES › Section 17.7.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
When used in this rule, unless otherwise specified the
				  following definitions shall apply:
A.
Definitions beginning with "A":
(1)
action plan means
the
				proposed process and specific actions the utility shall carry out to implement
				the integrated resource plan spanning a three year period following the filing
				of the utility's integrated resource plan;
(2)
availability factor means
the ratio of the time a generating facility is available to produce energy at
				its rated capacity to the total amount of time in the period being
				measured;
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 3 - INTEGRATED RESOURCE PLANS FOR ELECTRIC UTILITIES › Section 17.7.3.8 - INTEGRATED RESOURCE PLANS FOR ELECTRIC UTILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A public utility supplying electric
				service to customers shall file with the commission every three years a
				proposed integrated resource plan (IRP) to meet the service needs of its
				customers over the planning period. The plan shall show the resource options
				the utility intends to use to meet those needs. The plan shall also specify how
				the implementation and use of those resource options would vary with changes in
				supply and demand. The utility is only required to identify a resource option
				type, unless a commitment to a specific resource exists at the time of the
				filing. The utility shall also discuss any plans to reduce emissions from
				existing resources through sales, leases, deratings, or retirements.
B. The IRP submitted to the commission by an
				electric utility shall contain the utility's New Mexico jurisdictional
				information as follows:
(1) description of
				existing resources, see Appendix A;
(2) current load forecast, see Appendix
				A;
(3) load and resources table,
				see Appendix A;
(4) new load and
				facilities arising from special service agreements, economic development
				projects, and affiliate transactions;
(5) identification of resource options, see
				Appendix A;
(6) statement of need,
				see
				17.7.3.10
				NMAC;
(7) determination of the
				resource portfolio, see Appendix A; and
(8) action plan, see
				17.7.3.11
				NMAC.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 3 - INTEGRATED RESOURCE PLANS FOR ELECTRIC UTILITIES › Section 17.7.3.9 - FACILITATED STAKEHOLDER PROCESS; IRP PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. At least six months prior to the filing of
				its IRP, the utility shall notify the commission, members of the public, the
				New Mexico attorney general, and all parties to its most recent base rate case
				and most recent IRP case of its intent to file an IRP. The commission, upon
				notification, shall initiate a facilitated process for the utility, commission
				utility division staff, and stakeholders to reach a potential agreement on a
				proposed statement of need pursuant to
				17.7.3.10 NMAC
				and an action plan pursuant to
				17.7.3.11
				NMAC. The commission, aside from utility division staff and the appointed
				facilitator, shall not participate in the facilitated stakeholder process.
(1) The utility shall provide commission
				utility division staff and stakeholders who have signed a confidentiality
				agreement reasonable access to the same modeling software used by the utility
				on equal footing as the utility, and shall perform a reasonable number of
				modeling runs per staff or a stakeholder, if requested by staff or a
				stakeholder, in accordance with commission precedent, and the utility shall
				share all modeling information.
(2)
				Nothing in this Section shall preclude commission utility division staff from
				providing an analysis based on an alternative, open-source modeling
				software.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 3 - INTEGRATED RESOURCE PLANS FOR ELECTRIC UTILITIES › Section 17.7.3.10 - STATEMENT OF NEED

Current through Register Vol. 35, No. 13, July 16, 2024
A. The statement
				of need is a description and explanation of the amount and the types of new
				resources, including the technical characteristics of any proposed new
				resources, to be procured, expressed in terms of energy or capacity, necessary
				to reliably meet an identified level of electricity demand in the planning
				horizon and to effect state policies.
B. The statement of need shall not solely be
				based on projections of peak load. The need may be attributed to, but not
				limited by, incremental load growth, renewable energy customer programs, or
				replacement of existing resources, and may be defined in terms of meeting net
				capacity, providing reliability reserves, securing flexible resources, securing
				demand-side resources, securing renewable energy, expanding or modifying
				transmission or distribution grids, or securing energy storage as required to
				comply with resource requirements established by statute or commission
				decisions.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 3 - INTEGRATED RESOURCE PLANS FOR ELECTRIC UTILITIES › Section 17.7.3.11 - ACTION PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				utility's action plan shall:
(1) detail the
				specific actions the utility shall take to implement the IRP spanning a three
				year period following the filing of the utility's IRP;
(2) detail the specific actions the utility
				shall take to develop any resource solicitations or contracting activities to
				fulfill the statement of need as accepted by the commission; and
(3) include a status report of the specific
				actions contained in the previous action plan.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 3 - INTEGRATED RESOURCE PLANS FOR ELECTRIC UTILITIES › Section 17.7.3.12 - REQUEST FOR PROPOSALS PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Scope and purpose: Unless the commission grants a public utility's variance
				application pursuant to 17.7.3.17 NMAC for a variance from Section 12 of this
				rule, the utility shall follow the request for proposals process to ensure cost
				competitiveness and fairness in procurement by comparing proposals among
				bidders through a transparently designed and monitored request for
				proposals.
B. To address the
				utility's procurement need, if any, as described in the statement of need, and
				to fulfill the objectives of the utility's action plan, the utility shall issue
				a request for proposals (RFP) in the current IRP docket, within five months of
				the commission's acceptance of its statement of need and action plan.
C. Prior to the utility's commencement of an
				RFP solicitation, the utility shall provide the commission, the IM, and parties
				to the utility's pending IRP case with the documents and contracts that
				constitute the RFP solicitation (RFP documents) and a timeline for soliciting,
				accepting, and evaluating bids.
D.
				Within 21 days of receipt of the RFP documents, commissioners, commission
				utility division staff, and intervenors may submit comments to the utility,
				including on whether its proposed RFP conforms with its accepted statement of
				need and action plan and is not unduly discriminatory. Comments shall be
				considered, and may be incorporated, by the utility prior to the issuance of
				the RFP.
E. The utility may issue
				the RFP after comments are submitted on the independent monitor's design report
				pursuant to Subsection I of
				17.7.3.14
				NMAC. The utility shall file a notice with the commission of any final changes
				to the RFP design upon issuance.
F.
				The proposed RFP(s) shall include:
(1) bid
				evaluation criteria;
(2) the
				overall amount and duration of power the utility is soliciting and any other
				details concerning its resource needs;
(3) a request for bidders' reasonable
				estimates of any new transmission costs and transmission upgrade costs for
				resources, if known;
(4) the extent
				and degree to which resources shall be dispatchable, including the requirement,
				if necessary, that resources be able to operate under automatic dispatch
				control;
(5) the utility's proposed
				contract(s) for the acquisition of resources;
(6) proposed contract term lengths;
(7) the applicable discount rate;
(8) the timeline, including the solicitation
				period, the evaluation period, and the expected selection period;
(9) all security requirements and the
				rationale behind them; and
(10) any
				other information necessary to implement a competitive RFP
				process.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 3 - INTEGRATED RESOURCE PLANS FOR ELECTRIC UTILITIES › Section 17.7.3.13 - COST RECOVERY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Acceptance of the utility's statement of need and action plan does not
				constitute a finding of prudence or pre-approval of costs associated with
				acquiring additional resources.
B.
				Any costs incurred to implement an accepted action plan shall be considered in
				a general rate case, resource acquisition proceeding, or appropriate
				application for a CCN.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 3 - INTEGRATED RESOURCE PLANS FOR ELECTRIC UTILITIES › Section 17.7.3.14 - INDEPENDENT MONITOR

Current through Register Vol. 35, No. 13, July 16, 2024
A. Scope
				and purpose: The independent monitor's role is to help the commission determine
				that the request for proposals design and execution is fair, competitive, and
				transparent. The independent monitor shall advise the commission and report on
				the RFP process, but the independent monitor shall not make or participate in
				the public utility's decisions regarding the procurement process or the
				selection of resources.
B.
				Following commission acceptance of a public utility's statement of need and
				action plan, the commission shall appoint an independent monitor to monitor the
				procurement process of a public utility for competitive resource procurements
				pursuant to
				17.7.3.12
				NMAC. The independent monitor, as provided in this Section, shall assist the
				commission in ensuring that all such processes are reasonable and competitively
				fair and shall report to the commission regarding those matters as provided in
				this rule. The commission may appoint an IM for emergency procurements pursuant
				to 17.7.3.17 NMAC.
C. The
				commission shall, through its designee:
(1)
				undertake a process consistent with state purchasing rules and commission
				policies in recommending a pool of qualified IMs;
(2) develop an RFP, including the scope,
				terms of work, and evaluation process to score the RFP responses;
(3) receive, review, score, and rank the RFP
				responses;
(4) confer with the
				public utility on the recommendation of the IM;
(5) recommend qualified bidders to the
				commission for appointment as the IM; and
(6) administer the contract with the
				appointed IM, including: confirming that contract deliverables are met,
				reviewing invoices and related contract performance, and approving utility
				invoices after staff's review and approval.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 3 - INTEGRATED RESOURCE PLANS FOR ELECTRIC UTILITIES › Section 17.7.3.15 - CONFIDENTIALITY OF INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				utility may submit any portions of its IRP under seal to the extent the utility
				deems specific information to be confidential.
B. The utility shall seek a protective order
				under Subsection B of
				17.1.2.8
				NMAC for those portions of its IRP it considers confidential, and the utility
				shall have the burden of proving its right to such protection.
(1) Any information submitted under seal
				pursuant to this paragraph shall remain under seal for a period of three years,
				after which time it shall become public unless the utility seeks and obtains
				further protection from the commission.
(2) Information submitted under seal shall be
				available for review by the commission and its designated representatives and
				by any person who has entered into a confidentiality agreement with the utility
				in a form approved by commission order, provided, however, that bidders or
				potential bidders shall not have access to competitively sensitive information
				of other bidders.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 3 - INTEGRATED RESOURCE PLANS FOR ELECTRIC UTILITIES › Section 17.7.3.16 - EXEMPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Motion for
				exemption from rule: Upon motion by a utility and for good cause shown, the
				commission may exempt public utilities with fewer than five thousand customers
				and distribution-only public utilities from the requirements of this
				rule.
B. Filing of a notice of
				exemption from rule: Upon the filing of a notice of exemption in the utility's
				most recent IRP docket, a utility shall be exempted from the requirements of
				17.7.3.12
				and
				17.7.3.14
				NMAC for the following procurements:
(1)
				emergency procurements; and
(2)
				capacity or energy from the generation facilities of other utilities or from
				non-utility generators pursuant to agreements for a two year term or less
				(including renewal terms) or for 20 megawatts of capacity or
				less;
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 3 - INTEGRATED RESOURCE PLANS FOR ELECTRIC UTILITIES › Section 17.7.3.17 - VARIANCES AND AMENDMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				utility may file a request for a variance from the requirements of this
				rule.
B. Such application shall:
(1) describe the situation which necessitates
				the variance;
(2) set out the
				effect of complying with this rule on the utility and its customers if the
				variance is not granted;
(3)
				identify the section(s) of this rule for which the variance is
				requested;
(4) describe the
				expected result which the request shall have if granted; and
(5) state how the variance shall aid in
				achieving the purposes of this rule.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 4 - INTEGRATED RESOURCE PLANS FOR GAS UTILITIES › Section 17.7.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all gas utilities subject to the
				  commission's jurisdiction over integrated resource planning.
A. Supplement to other rules: Except as
				specifically provided herein, this rule does not supersede any other rule of
				the commission but is to be construed as a supplement to such rules.
B. Severability. If any part or application
				of this rule is held invalid, the remainder or its application shall not be
				affected.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 4 - INTEGRATED RESOURCE PLANS FOR GAS UTILITIES › Section 17.7.4.3 - 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
				  8-8-15;
				  the Public Utility Act, NMSA 1978, Section
				  62-3-1 et
				  seq.; and the Efficient Use of Energy Act, NMSA 1978, Section
				  62-17-1 et
				  seq.