reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 4 - INTEGRATED RESOURCE PLANS FOR GAS UTILITIES › Section 17.7.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 16, 2007, 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 4 - INTEGRATED RESOURCE PLANS FOR GAS UTILITIES › Section 17.7.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to set forth the commission's
				  requirements for the preparation, filing, review and acceptance of New Mexico
				  retail integrated resource plans by public utilities supplying retail natural
				  gas service in New Mexico.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 4 - INTEGRATED RESOURCE PLANS FOR GAS UTILITIES › Section 17.7.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise specified, the following definitions will
				  apply when used in this rule:
A.
energy efficiency
means measures, including energy conservation
				measures, or programs that target consumer behavior, equipment or devices to
				result in a decrease in consumption of natural gas without reducing the amount
				or quality of energy services;
B.
integrated resource plan (IRP)
means a public utility's plan to
				meet New Mexico jurisdictional retail customers existing and future demand,
				which for natural gas utilities incorporates the evaluation of supply- and
				demand-side options that create a reliable resource mix to accommodate customer
				demand;
C.
load and
				resources table
means an accounting and comparison of a utility's firm
				gas supplies with its peak customer obligations and reserve requirements for
				each year of the planning period;
D.
load management
means
				measures or programs that target equipment or devices to result in decreased
				peak demand or shifting demand from peak to off-peak periods;
E.
load forecasting
means the
				prediction of the demand for an energy commodity over each of the succeeding
				four to ten years for the utility's New Mexico jurisdictional utility
				system;
F.
planning
				period
means the future period for which a utility develops its IRP; for
				purposes of this rule, the planning period is four to ten years and begins the
				year the utility files its plan with the commission;
G.
public advisory process
means the process through which a public utility provides information to
				interested parties and receives input from interested parties during the
				development of its IRP;
H.
resources
means supply-side resources, energy efficiency or renewable
				resources used to meet utility system requirements;
I.
supply side resource
means a
				resource that can provide natural gas supplies to the natural gas utility's
				transmission and distribution pipeline systems; supply side resources include
				utility owned generating facilities, and capacity purchased from other
				utilities and non utilities.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 4 - INTEGRATED RESOURCE PLANS FOR GAS UTILITIES › Section 17.7.4.8 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The commission adopts this rule in order to fulfill the
				  requirements of NMSA 1978, Section
				  62-17-10.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 4 - INTEGRATED RESOURCE PLANS FOR GAS UTILITIES › Section 17.7.4.9 - IRP FOR NATURAL GAS UTILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Public utilities supplying natural gas service to customers
				  shall file an initial IRP with the commission within twelve months of the
				  effective date of this rule and every four years thereafter.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 4 - INTEGRATED RESOURCE PLANS FOR GAS UTILITIES › Section 17.7.4.10 - CONTENTS OF THE GAS UTILITY IRP

Current through Register Vol. 35, No. 13, July 16, 2024
The contents of the IRP submitted by a utility providing
				  natural gas retail service in New Mexico shall contain the utility's
				  jurisdictional:
A. current load
				forecast;
B. description of
				existing portfolio of resources;
C.
				summary of foreseeable resource needs for the planning period;
D. anticipated resources to be added during
				the planning period and the evaluation of various options that could reasonably
				be added to the utility's resource portfolio;
E. a summary description of natural gas
				supply sources and delivery systems;
F. a summary identification of critical
				facilities susceptible to supply-source or other failures;
G. description of the public advisory
				process; and
H. other information
				that may aid the commission in reviewing the utility's planning
				processes.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 4 - INTEGRATED RESOURCE PLANS FOR GAS UTILITIES › Section 17.7.4.11 - EVALUATION OF NATURAL GAS RESOURCES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The utility shall evaluate the ability of
				its natural gas resources to provide adequate redundancy of supply and of
				delivery systems.
B. The utility
				shall evaluate, as appropriate, renewable energy, energy efficiency, load
				management and conventional supply-side resources on a consistent and
				comparable basis and take into consideration risk and uncertainty of energy
				supply, price volatility and costs of anticipated environmental regulations in
				order to identify the most cost-effective portfolio of resources to supply the
				energy needs of customers. The evaluation shall be based on a present-value
				analysis of revenue requirements and shall include discussion of any economic,
				risk, environmental, and reliability analyses.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 4 - INTEGRATED RESOURCE PLANS FOR GAS UTILITIES › Section 17.7.4.12 - PUBLIC ADVISORY PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				At least one year prior to the filing date of its IRP, a utility shall initiate
				a public advisory process to develop its IRP. The utility shall initiate the
				process by providing notice at least 30 days prior to the first scheduled
				meeting to the commission, interveners in its most recent general rate case,
				and participants in its most recent energy efficiency and IRP proceedings. The
				utility shall at the same time, also publish this notice in a newspaper of
				general circulation in every county in which it serves and in the utility's
				billing inserts. This notice shall consist of:
(1) a brief description of the IRP
				process;
(2) time, date and
				location of the first meeting;
(3)
				a statement that interested individuals should notify the utility of their
				interest in participating in the process; and
(4) utility contact information.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 4 - INTEGRATED RESOURCE PLANS FOR GAS UTILITIES › Section 17.7.4.13 - CONFIDENTIALITY OF INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
The utility may submit under seal any portions of its IRP
				  that reveals its contracted portfolio, its major suppliers, transportation
				  volumes, or its contract pricing, on a contract-by-contract basis, to the
				  extent the utility deems specific information to be confidential. The utility
				  also may seek a protective order under Subsection B of
				  17.1.2.8
				  NMAC for other portions of its IRP it considers confidential, but the utility
				  shall have the burden of proving its right to such protection. Any information
				  submitted under seal pursuant to this paragraph shall remain under seal for a
				  period of two (2) years, after which time it shall become public unless the
				  utility seeks and obtains further protection from the commission. 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.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 4 - INTEGRATED RESOURCE PLANS FOR GAS UTILITIES › Section 17.7.4.14 - NOTICE OF MATERIAL CHANGES

Current through Register Vol. 35, No. 13, July 16, 2024
The utility shall promptly notify the commission and
				  participants of material events that would have the effect of changing the
				  results of the utility's IRP had those events been recognized when the IRP was
				  developed.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 4 - INTEGRATED RESOURCE PLANS FOR GAS UTILITIES › Section 17.7.4.15 - COMMISSION REVIEW, ACCEPTANCE AND ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Compliance Review. The commission will
				review the utility's proposed IRP for compliance with the procedures and
				objectives set forth herein. The commission may accept the proposed IRP as
				compliant with this rule without a hearing, unless a protest is filed that
				demonstrates to the commission's reasonable satisfaction that a hearing is
				necessary. Protests must be filed within thirty (30) days of the filing of the
				proposed IRP. If the commission has not acted within forty-five (45) days after
				the filing of the proposed IRP, that IRP is deemed accepted as compliant with
				this rule. If the commission determines the proposed IRP does not comply with
				the requirements of this rule, the commission will identify the deficiencies
				and return it to the utility with instructions for re-filing.
B. Use in Resource Acquisition Proceedings.
				In a proceeding concerning a utility's request for a CCN for a new utility
				resource, or in other proceedings concerning a utility's resource acquisition,
				the utility shall present evidence that the requested resource is consistent
				with the commission-accepted utility IRP unless material changes, as described
				in Section 17.7.4.14 of this rule, have occurred that would warrant a different
				utility course of action. Evidence that the resource is consistent with the
				IRP, and that there have not been material changes that would warrant a
				different course of action by the utility, will constitute prima facie evidence
				that the resource-type, but not the particular resource being proposed, is
				required by the public convenience and necessity.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 4 - INTEGRATED RESOURCE PLANS FOR GAS UTILITIES › Section 17.7.4.16 - ADDITIONAL INVESTIGATIONS AND INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
The commission may conduct an investigation of any matters
				  pertaining to a public utility's IRP where it deems appropriate and may require
				  additional information to be filed.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 4 - INTEGRATED RESOURCE PLANS FOR GAS UTILITIES › Section 17.7.4.17 - 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. Multi-State Resource
				Planning. The commission shall take into account a public utility's resource
				planning requirements in other states and shall authorize utilities that
				operate in multiple states to implement plans that coordinate the applicable
				state resource planning requirements.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 4 - INTEGRATED RESOURCE PLANS FOR GAS UTILITIES › Section 17.7.4.18 - VARIANCES AND AMENDMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A utility may file a request for a variance from the
				  requirements of this rule or to amend its IRP filing to reflect substantially
				  changed circumstances. Such application shall describe the situation which
				  necessitates the variance; set out the effect of complying with this rule on
				  the utility and its customers if the variance is not granted; identify the
				  section(s) of this rule for which the variance is requested; describe the
				  expected result that 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 7 - ENERGY CONSERVATION › Part 430 - COSTS OF RESIDENTIAL ENERGY CONSERVATION PROGRAMS FOR COVERED UTILITIES › Section 17.7.430.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Public Service Commission [New Mexico Public
				  Regulation Commission].
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 430 - COSTS OF RESIDENTIAL ENERGY CONSERVATION PROGRAMS FOR COVERED UTILITIES › Section 17.7.430.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
NMPSC Rule 430 [17.7.430 NMAC] shall apply to all regulated
				  utilities operating in the State of New Mexico which meet the definition of
				  "Covered Utility."
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 430 - COSTS OF RESIDENTIAL ENERGY CONSERVATION PROGRAMS FOR COVERED UTILITIES › Section 17.7.430.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMPSC Rule 430 [17.7.430 NMAC] is adopted under the authority
				  vested in the Commission by the Public Utility Act, NMSA 1978, Section
				  62-3-1 et.
				  seq., and the National Energy Conservation Policy Act, Public Law 95-619, 92
				  Stat. 3206, November 9, 1978, Section 215(c)(1)(C).
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 430 - COSTS OF RESIDENTIAL ENERGY CONSERVATION PROGRAMS FOR COVERED UTILITIES › Section 17.7.430.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
NMPSC Rule 430 [17.7.430 NMAC] is promulgated pursuant to
				  Section 215(c)(1)(C) of the National Energy Conservation Policy Act, Public Law
				  95-619, 92 Stat. 3206, November 9, 1978,
				  42 USC Section
				  8201 et. seq. (NECPA). NECPA requires the
				  establishment of utility programs to encourage and facilitate the installation
				  of energy conservation measures and renewable resource measures. Administration
				  of utility programs is overseen by the New Mexico Energy, Minerals and Natural
				  Resources Department, which has promulgated a New Mexico Residential
				  Conservation Service Plan approved by the U.S. Department of Energy. The New
				  Mexico Public Service Commission [New Mexico Public Regulation Commission] is
				  charged with determining whether utility programs carried out under Section
				  215(b) of NECPA should be treated as a current expense of providing utility
				  service and charged to all ratepayers of a utility in the same manner as
				  current operating expenses of providing utility service, or charged to the
				  residential customer for whom the activity is performed. Section 215(c)(1)(C).
				  The purpose of NMPSC Rule 430 [17.7.430 NMAC] is to require that all costs
				  incurred by a utility under Section 215(b) of NECPA be treated as a current
				  expense charged to all ratepayers.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 430 - COSTS OF RESIDENTIAL ENERGY CONSERVATION PROGRAMS FOR COVERED UTILITIES › Section 17.7.430.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
When used in NMPSC Rule 430 [17.7.430 NMAC] unless otherwise
				  specified the following definitions will apply:
A. "Utility Program" or "Program" means a
				program meeting the requirements of Section 215 of NECPA.
B. "Eligible Customer" means a person who:
(1) owns or occupies a residential building
				and
(2) receives a fuel bill from a
				covered utility or participating home heating supplier for fuel used in such
				residential building.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 430 - COSTS OF RESIDENTIAL ENERGY CONSERVATION PROGRAMS FOR COVERED UTILITIES › Section 17.7.430.8 - TABLE OF CONTENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Purpose: [17.7.430.6 NMAC]
B.
				Authority: [17.7.430.3 NMAC]
C.
				Application [17.7.430.2 NMAC]
D.
				Definitions: [17.7.430.7 NMAC]
E.
				Treatment of Program Costs [17.7.430.9 NMAC]
F. Customer Charges [17.7.430.10
				NMAC]
G. Billing Practice
				[17.7.430.11 NMAC]
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 430 - COSTS OF RESIDENTIAL ENERGY CONSERVATION PROGRAMS FOR COVERED UTILITIES › Section 17.7.430.9 - TREATMENT OF PROGRAM COSTS

Current through Register Vol. 35, No. 13, July 16, 2024
The following program elements are to be treated as a current
				  operating expense:
A. Administrative
				and general expenses, including those associated with program audits, list
				distribution, customer billing services, and "arranging". These administrative
				costs may include any costs the utility incurs if it conducts random
				post-installation inspections required by 10 CFR Section 456.313(b) and
				conciliation conferences required by 10 CFR Section 456.315(a);
B. Project Manager requirements, including:
(1) program audits;
(2) arranging for a lender to make a loan to
				an eligible customer to finance the purchase and installation costs of energy
				conservation and renewable resource measures, including the costs of arranging
				repayment of the principal and interest of a loan as part of the periodic bill;
				and
(3) arranging to have the
				program measures installed.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 430 - COSTS OF RESIDENTIAL ENERGY CONSERVATION PROGRAMS FOR COVERED UTILITIES › Section 17.7.430.10 - CUSTOMER CHARGES

Current through Register Vol. 35, No. 13, July 16, 2024
There shall be no charge to a customer who requests a program
				  audit over and above those charges in rates based on current operating
				  expenses.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 430 - COSTS OF RESIDENTIAL ENERGY CONSERVATION PROGRAMS FOR COVERED UTILITIES › Section 17.7.430.11 - BILLING PRACTICE

Current through Register Vol. 35, No. 13, July 16, 2024
Costs incurred by the utility attributable to the RCS Program
				  and passed on to the ratepayers shall not be stated as a separate line item on
				  bills.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 7 - ENERGY CONSERVATION › Part 430 - COSTS OF RESIDENTIAL ENERGY CONSERVATION PROGRAMS FOR COVERED UTILITIES › Section 17.7.430.12 - HISTORY

Current through Register Vol. 35, No. 13, July 16, 2024
NMPSC Case No. 2086, order dated June 30, 1988, unless
				  otherwise noted. Formerly NMPSC General Order No. 38, superseded for purposes
				  of rule reorganization and codification.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 8 - RENEWABLE ENERGY › Part 2 - SELECTION OF AND PARTICIPATION IN PROJECTS › Section 17.8.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Renewable Energy Transmission Authority ("RETA" or
				  the "Authority").
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 8 - RENEWABLE ENERGY › Part 2 - SELECTION OF AND PARTICIPATION IN PROJECTS › Section 17.8.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all renewable energy
				  transmission-related projects submitted to the New Mexico renewable energy
				  transmission authority ("authority") seeking the authority's participation in
				  the project.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 8 - RENEWABLE ENERGY › Part 2 - SELECTION OF AND PARTICIPATION IN PROJECTS › Section 17.8.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Section
				  62-16A-1
				  et seq., as amended.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 8 - RENEWABLE ENERGY › Part 2 - SELECTION OF AND PARTICIPATION IN PROJECTS › Section 17.8.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 15, 2011, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 8 - RENEWABLE ENERGY › Part 2 - SELECTION OF AND PARTICIPATION IN PROJECTS › Section 17.8.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule sets forth the criteria by which the authority may
				  consider undertaking a renewable energy related project as defined by NMSA
				  1978, Section
				  62-16A-2.
				  The rule also articulates the authority's participation in those
				  projects.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 8 - RENEWABLE ENERGY › Part 2 - SELECTION OF AND PARTICIPATION IN PROJECTS › Section 17.8.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Act"
means the New Mexico Renewable Energy Transmission Authority Act,
				NMSA, 1978, Chapter 62, Article 16A, as amended.
B.
"Acquire" or "acquisition"
means to obtain eligible facilities by lease, construction, reconstruction or
				purchase, whether directly by the authority or by an entity in which the
				authority has a majority ownership interest. The authority may lease,
				construct, reconstruct or purchase eligible facilities through an agent when
				doing so is consistent with the act. If at any time after acquisition, the
				authority sells, leases or otherwise relinquishes its ownership interested in
				the eligible facilities, the authority will nevertheless be deemed to have
				acquired the eligible facilities.
C.
"Authority"
means the New
				Mexico renewable energy transmission authority.
D.
"Board"
means the appointed
				members of the authority.
E.
"Electric service reliability"
means the continuity of electric service
				experienced by retail customers. A project or facility will not be considered
				to affect electric service reliability if it does not materially diminishes
				electric service reliability of the transmission system in New
				Mexico.
F.
"Letter of
				support"
means a letter issued by the authority in order to assist the
				developer in attracting financial or other support for the project.
G.
"Memorandum of understanding" or
				"MOU"
means a written agreement entered into between the authority and
				an applicant for the purpose of informing the public of RETA's involvement in a
				project; allowing a greater exchange of information; implying a financial or
				project development commitment between the two; or for any other reason the
				board deems appropriate.
H.
"Participation"
means involvement of any kind by the authority in a
				project, including, but not limited to, planning, acquiring, financing,
				developing, managing, operating, consulting, cooperating or otherwise taking
				part in a project, which has been approved by the authority.
I.
"Partnership"
means the
				authority's affiliation with a person for the purpose of RETA participation in
				a project.
J.
"Person"
means a federal, state or local public entity, a public
				utility, or a private entity or individual.
K.
"Project committee
" means
				the subcommittee of the board established to review projects.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 8 - RENEWABLE ENERGY › Part 2 - SELECTION OF AND PARTICIPATION IN PROJECTS › Section 17.8.2.8 - RETA PARTICIPATION IN PROJECTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
(1) The board may, in its sole discretion,
				choose to provide support for a project based on evaluation criteria set forth
				in this rule, as further described in policies adopted by the board. The type
				and amount or degree of support provided by the authority will generally depend
				on the request of an applicant, the evaluation of the project based on the
				criteria, and RETA's resource capacity to support the project.
(2) The authority may decline to participate
				in any project, or may participate in any project through a letter of support;
				an MOU; a joint development agreement; financing of a project in whole or in
				part; entering into a partnership or limited liability company agreement with a
				person; or acquisition of a project.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 8 - RENEWABLE ENERGY › Part 2 - SELECTION OF AND PARTICIPATION IN PROJECTS › Section 17.8.2.9 - CONFIDENTIALITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. All information
				obtained by the authority that is proprietary technical or business information
				shall be confidential and not subject to inspection pursuant to the Inspection
				of Public Records Act (NMSA 1978, Section
				14-2-4 ).
				Proprietary confidential information includes, but is not limited to, power
				purchase agreements, interconnection agreements, construction contracts,
				equipment supply or procurement agreements, operation and maintenance
				agreements, real property related agreements, financing agreements (including
				security, pledge and mortgage agreements), costs of production, costs of
				transmission, transmission service agreements, credit reviews, detailed power
				models and financing statements.
B.
				The authority may enter into confidentiality agreements as necessary consistent
				with the Inspection of Public Records Act and the act.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 8 - RENEWABLE ENERGY › Part 2 - SELECTION OF AND PARTICIPATION IN PROJECTS › Section 17.8.2.10 - FILING RULES

Current through Register Vol. 35, No. 13, July 16, 2024
Each rule, amendment, or repeal thereof adopted by the
				  authority shall be filed with the state records center in accordance with NMSA
				  1978, Section
				  14-4-3
				  and published in the New Mexico register in accordance with NMSA 1978, Section
				  14-4-7.1.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 8 - RENEWABLE ENERGY › Part 3 - EMINENT DOMAIN › Section 17.8.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to the authority's exercise of the
				  authority's power of eminent domain for acquiring property or interests in
				  property for projects the authority has determined are eligible facilities, as
				  that term is defined in NMSA 1978, Section
				  62-16A-2,
				  and for which the authority has determined to participate in the project, but
				  in circumstances in which the authority is not acquiring the project. In
				  exercising any authority provided for herein, the authority shall act in
				  accordance with all applicable laws.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 8 - RENEWABLE ENERGY › Part 3 - EMINENT DOMAIN › Section 17.8.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA, 1978, Sections 42A-1-1 et seq., and
				  62-16A-1
				  et seq.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 8 - RENEWABLE ENERGY › Part 3 - EMINENT DOMAIN › Section 17.8.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to specify the objective
				  standards and procedures the authority will follow in considering applications
				  for exercise of its power of eminent domain, the negotiation procedures
				  required of persons submitting applications with landowners and those claiming
				  an interest in property, the contents of applications, condemnation procedures,
				  and related matters.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 8 - RENEWABLE ENERGY › Part 3 - EMINENT DOMAIN › Section 17.8.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions in NMSA 1978, Sections
				  62-16A-2,
				  42A-1-2, , as used in this rule:
A.
"Agreement"
means a project ownership and property agreement as
				described in this rule and includes the applicant and the authority's
				understanding regarding the authority's participation in the project, project
				ownership, project financing, project management, and any other matter required
				by the authority. The parameters of the authority's exercise of its eminent
				domain powers shall be set forth in the agreement.
B.
"Authority"
means the
				renewable energy transmission authority.
C.
"Applicant"
means any person
				that submits an application to the authority pursuant to this rule and in the
				manner set forth herein. Applications will only be considered if the authority
				has already agreed to participate in the project.
D.
"Eligible facilities"
means
				facilities to be financed or acquired by the authority, in which, within one
				year after beginning the transmission or storage of any electricity, and
				thereafter, at least 30 percent of the electric energy, as estimated by the
				authority, originates from renewable energy sources.
E.
"Eminent domain code"
means
				the statutory provisions governing condemnation in New Mexico, NMSA 1978,
				Section 42A-1-1 et seq., as modified from time to time.
F.
"Person"
includes a natural
				individual, partnership, corporation, association other legal or fiduciary
				entity and a governmental entity.
G.
"Project"
means, for the
				purposes of this rule, an undertaking by the authority to finance or plan,
				acquire, maintain and operate eligible facilities located in part or in whole
				within the state of New Mexico in which the authority has agreed to
				participate.
H.
"Property"
means real property under the laws of the New Mexico, and may
				include one or more individual parcels of land or a portion or portions
				thereof, any improvements thereon or connected therewith or any easement or
				other interest therein.
I.
"Property owner(s)"
means any person or entity having an ownership
				interest in the property.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 8 - RENEWABLE ENERGY › Part 3 - EMINENT DOMAIN › Section 17.8.3.8 - PROJECT OWNERSHIP AND PROPERTY AGREEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The applicant may apply to the authority
				for approval of an agreement and exercise of the authority's eminent domain
				powers for the purpose of property acquisition, condemnation, property
				management, property disposition, and related matters. The parameters of the
				authority's exercise of its eminent domain powers shall be set forth in the
				agreement.
B.
Contents of
				application:
The applicant must file with the authority an application,
				which shall contain:
(1) a description of the
				project, including:
(a) identification of all
				applicants and other persons with a financial interest in the
				project;
(b) a description of the
				project and its purpose(s);
(c) a
				description of the proposed project route in New Mexico, including a map
				showing the route in New Mexico;
(d) a description of the property on the
				proposed project route that the applicant does not have an interest in;
				and
(e) a description of the scope
				of work for the project and the projected timeline for completion of the
				work;
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 8 - RENEWABLE ENERGY › Part 3 - EMINENT DOMAIN › Section 17.8.3.9 - NEGOTIATION WITH PROPERTY OWNERS

Current through Register Vol. 35, No. 13, July 16, 2024
Prior to the exercise of the authority's eminent domain
				  powers, negotiations with private property owner(s) by the applicant must be by
				  reasonable and diligent efforts to acquire property needed for the project,
				  including by offering at least fair market value for the property. At any time
				  during applicant's negotiations with property owner(s) and upon the applicant's
				  request, the authority may participate in such negotiations in order to
				  facilitate the voluntary acquisition of property for a project, but the
				  applicant shall remain responsible for conducting good faith
				  negotiations.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 8 - RENEWABLE ENERGY › Part 3 - EMINENT DOMAIN › Section 17.8.3.10 - CONDEMNATION PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Condemnation proceedings.
(1) Upon
				initiating condemnation procedures, the authority shall expeditiously and
				diligently follow the condemnation procedures set forth in the Eminent Domain
				Code found at NMSA 1978, Section 42A-1-1 et seq. as it may be modified from
				time to time.
(2) The applicant
				shall cooperate with the authority to assist the authority in carrying out the
				authority's procedures set forth herein and its obligations under the law in an
				expeditious and diligent manner.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 8 - RENEWABLE ENERGY › Part 3 - EMINENT DOMAIN › Section 17.8.3.11 - OTHER AGREEMENTS; DISPOSITION OF PROPERTY

Current through Register Vol. 35, No. 13, July 16, 2024
A. In addition to the agreement, the
				authority and the applicant may enter into any other contracts or agreements
				they deem necessary setting forth the roles and obligations of the parties in
				the condemnation proceeding, the disposition and use of the property once
				acquired by the authority, and any other matter. The authority may dispose of
				any or all of the property in accordance with New Mexico law if it determines
				that doing so fulfills a public purpose. The use of the property for the same
				purpose for which the property was condemned is deemed to fulfill a public
				purpose.
B. If the property cannot
				be used for the purpose for which it was condemned, and if practicable and
				permissible under existing laws, the authority shall offer the property owner
				an opportunity to purchase the property from the authority at fair market
				value.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 8 - RENEWABLE ENERGY › Part 3 - EMINENT DOMAIN › Section 17.8.3.12 - INDEMNIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
The agreement shall provide that the applicant shall
				  indemnify and hold harmless the authority against any and all liability arising
				  pursuant to the authority's actions under this rule and the Eminent Domain
				  Code.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 8 - RENEWABLE ENERGY › Part 3 - EMINENT DOMAIN › Section 17.8.3.13 - VARIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A. An applicant may
				request a variance from any of the requirements of this rule, provided such
				variance will not create a conflict with state law.
B. A petition for variance must be supported
				by an affidavit signed by an officer of the applicant or someone with authority
				to sign for the applicant.
C. The
				applicant shall send notice of any request for a variance to the property
				owner(s) who are affected by the variance or who possess an ownership interest
				in the property. The notice shall indicate the nature of the variance requested
				and state that the property owner(s) may submit written or oral comments on the
				request for a variance. The authority may, at its discretion, require an
				informal conference or formal evidentiary hearing prior to making its
				determination on a request for variance. In the event an informal conference or
				a formal evidentiary hearing is held, oral comment shall be accepted at that
				time.
D. A petition for variance
				shall:
(1) identify the section of this rule
				for which the variance is requested;
(2) describe the situation that necessitates
				the variance;
(3) describe the
				effect of complying with this rule on the applicant if the variance is not
				granted; and
(4) describe the
				result the variance will have if granted.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 520 - LISTS OF RETIREMENT UNITS OF PROPERTY FOR ELECTRIC UTILITIES › Section 17.9.520.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Public Service Commission [New Mexico Public
				  Regulation Commission].
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 520 - LISTS OF RETIREMENT UNITS OF PROPERTY FOR ELECTRIC UTILITIES › Section 17.9.520.8 - TABLE OF CONTENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. List
				of Retirement Units for Rural Electric Cooperatives [17.9.520.9 NMAC]
B. List of Retirement Units for Electric
				Utilities Other Than Rural Electric Cooperatives [17.9.520.10 NMAC]
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 520 - LISTS OF RETIREMENT UNITS OF PROPERTY FOR ELECTRIC UTILITIES › Section 17.9.520.9 - LIST OF RETIREMENT UNITS FOR RURAL ELECTRIC COOPERATIVES

Current through Register Vol. 35, No. 13, July 16, 2024
All corporations organized under the New Mexico Rural
				  Electric Cooperative Act subject to the Commission's jurisdiction shall use and
				  comply fully with the requirements of the Rural Electrification
				  Administration's STANDARD LIST OF RETIREMENT UNITS, REA Bulletin No. 181-2,
				  with any subsequent revisions.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 520 - LISTS OF RETIREMENT UNITS OF PROPERTY FOR ELECTRIC UTILITIES › Section 17.9.520.10 - LIST OF RETIREMENT UNITS FOR ELECTRIC UTILITIES OTHER THAN RURAL ELECTEIC COOPERATIVES

Current through Register Vol. 35, No. 13, July 16, 2024
All electric utilities subject to the Commission's
				  jurisdiction except corporations organized under the New Mexico Rural Electric
				  Cooperative Act shall use and comply with the requirements of the National
				  Association of Railroad and Utilities Commissioners' LIST OF RETIREMENT UNITS
				  OF PROPERTY FOR ELECTRIC UTILITIES, 1961, with any subsequent revisions by the
				  National Association of Regulatory Utility Commissioners.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 520 - LISTS OF RETIREMENT UNITS OF PROPERTY FOR ELECTRIC UTILITIES › Section 17.9.520.11 - HISTORY

Current through Register Vol. 35, No. 13, July 16, 2024
NMPSC Case No. 2086, order dated June 30, 1988, unless
				  otherwise noted. Formerly First Revised NMPSC General Order No. 12, superseded
				  for purposes of rule reorganization and codification.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 530 - FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR INVESTOR-OWNED ELECTRIC UTILITIES › Section 17.9.530.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Public Service Commission [New Mexico Regulation
				  Commission].
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 530 - FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR INVESTOR-OWNED ELECTRIC UTILITIES › Section 17.9.530.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The data requirements specified in Appendix A shall apply to
				  the investor-owned electric utilities doing business in New
				  Mexico.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 530 - FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR INVESTOR-OWNED ELECTRIC UTILITIES › Section 17.9.530.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The adoption by the New Mexico Public Service Commission [New
				  Mexico Public Regulation Commission] of the minimum data requirements specified
				  in Appendix A to NMPSC [17.9.530 NMAC] (incorporated herein by reference) is
				  pursuant to the authority conferred upon the Commission by the Public Utility
				  Act, NMSA 1978, Section
				  62-3-1 et
				  seq. and NMPSC Rules 110 and 210 [17.1.2 NMAC and 17.1.210 NMAC]. The purpose
				  of NMPSC Rule 530 [17.9.530 NMAC] is to define and specify the minimum data
				  requirements to be filed in support for a tendered new rate schedule or rate
				  schedule which will supersede, supplement, or otherwise change the provision of
				  a rate schedule required to be on file with this Commission.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 530 - FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR INVESTOR-OWNED ELECTRIC UTILITIES › Section 17.9.530.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
When used in Appendix A unless otherwise specified the
				  following definitions will apply.
A.
				"Accounting Method" means the uniform system of accounting prescribed by the
				Commission.
(1) "Functional Accounting" means
				the grouping of plant and expense accounts according to the specified function
				or purpose which the plant or expense performs in rendering the utility
				service; for example, production, transmission, distribution, etc.
(2) "Primary Account" means the grouping of
				plant and expenditures by balance sheet account number; for example, accounts
				101, 102, 103, etc.
(3) "Detailed
				Account" means the breakdown of plant and expenditures into subaccounts, that
				is, electric plant accounts; for example, accounts 301, 302, 303,
				etc.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 530 - FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR INVESTOR-OWNED ELECTRIC UTILITIES › Section 17.9.530.8 - TABLE OF CONTENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Applicability [SCOPE] [17.9.530.2 NMAC]
B. Letter of Transmittal [17.9.530.9
				NMAC]
C. Failure to Comply
				[17.9.530.10 NMAC]
D. Variances
				[17.9.530.11 NMAC]
E. History
				[17.9.530.12 NMAC]
F. Appendix
				Minimum Data Standard Filing Requirements [17.9.530.13 NMAC]
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 530 - FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR INVESTOR-OWNED ELECTRIC UTILITIES › Section 17.9.530.9 - LETTER OF TRANSMITTAL

Current through Register Vol. 35, No. 13, July 16, 2024
In the letter of transmittal the applicant shall:
A. notify the New Mexico Public Service
				Commission of the tendered rate schedules which will supersede, supplement, or
				otherwise change any provision of a rate schedule required to be on file with
				the Commission;
B. include copies
				of each tendered rate schedule which will supersede, supplement, or otherwise
				change the provision of a rate schedule required to be on file with the
				Commission;
C. state the date on
				which the applicant proposes to make the changes in service or rate, rule, or
				practice effective;
D. state a
				brief description of the proposed changes in service and/or rate, the reason
				for each proposed change, and shall show that all the requisite agreements to
				the proposed change, including any contract embodied therein, have in fact been
				obtained;
E. state that notice has
				been given or will be given as required by the Rules of the New Mexico Public
				Service Commission; and
F. list the
				documents submitted in support of the proposed changes.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 530 - FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR INVESTOR-OWNED ELECTRIC UTILITIES › Section 17.9.530.10 - FAILURE TO COMPLY

Current through Register Vol. 35, No. 13, July 16, 2024
The failure of the applicant to fulfill the minimum data
				  requirements specified in Appendix A shall constitute sufficient cause for the
				  Commission to reject the applicant's filing pursuant to NMPUC Rule 210 [17.1.10
				  NMAC].
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 530 - FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR INVESTOR-OWNED ELECTRIC UTILITIES › Section 17.9.530.11 - VARIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Pursuant to
				NMPUC Rules 110 and 210 [17.1.2 NMAC and 17.1.210 NMAC] an applicant utility
				unable to comply fully with any data request contained in Appendix A due to
				good and sufficient cause should give notice in writing to the Commission of
				the applicant utility's inability to comply with the provisions of such data
				request at least thirty (30) days prior to the actual filing of the Minimum
				Data Requirements Filing Package.
B. Upon receipt of such notification and
				after consideration by the Commission of the applicant utility's stated reasons
				for failure to comply fully with the provisions of the data request, the
				Commission shall within fifteen (15) days notify the applicant utility in
				writing of its decision concerning the applicant utility's notice of its
				inability to comply with the Commission's Data Filing Requirements.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 530 - FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR INVESTOR-OWNED ELECTRIC UTILITIES › Section 17.9.530.12 - HISTORY

Current through Register Vol. 35, No. 13, July 16, 2024
Codified by NMPUC Case No. 2086, Order dated June 30, 1988;
				  amended by NMPUC Case No. 2232, Order dated December 19, 1988; amended by NMPUC
				  Case No. 2561, Order dated April 4, 1994. Formerly NMPUC General Order No. 40,
				  superseded for purposes of rule reorganization and
				  codification.