reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 572 - RENEWABLE ENERGY FOR ELECTRIC UTILITIES › Section 17.9.572.9 - RELATIONSHIP TO OTHER COMMISSION RULES

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise specified, this rule does not supersede any
				  other rule of the commission but supplements rules applying to public
				  utilities.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 572 - RENEWABLE ENERGY FOR ELECTRIC UTILITIES › Section 17.9.572.10 - RENEWABLE PORTFOLIO STANDARD

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Each public utility shall develop an annual Renewable Energy Act plan to comply
				with the renewable portfolio standard during the plan year. The plan shall
				demonstrate reasonable and consistent progress toward meeting the renewable
				portfolio standard to be effective following the end of the plan year.
				Renewable energy resources that are in a public utility's electric energy
				supply portfolio on July 1, 2004 shall be counted in determining compliance
				with this rule. However, renewable energy sold to customers through a voluntary
				renewable energy program tariff approved by the commission shall not be counted
				in determining compliance with this rule. Other factors being equal, preference
				shall be given to renewable energy generated in New Mexico.
B.
Renewable portfolio
				standards:
For public utilities other than rural electric cooperatives
				and municipalities, requirements of the renewable portfolio standard are:
(1) no later than January 1, 2015, renewable
				energy shall comprise no less than fifteen percent of each public utility's
				total retail sales to New Mexico customers;
(2) no later than January 1, 2020, renewable
				energy shall comprise no less than twenty percent of each public total retail
				sales to New Mexico customers;
(3)
				no later than January 1, 2025, renewable energy shall comprise no less than
				forty percent of each public utility's total retail sales to New Mexico
				customers;
(4) no later than
				January 1, 2030, renewable energy shall comprise no less than fifty percent of
				each public utility's total retail sales to New Mexico customers;
(5) no later than January 1, 2040, renewable
				energy resources shall supply no less than eighty percent of all retail sales
				of electricity in New Mexico, provided that compliance with this standard until
				December 31, 2047 shall not require the public utility to displace zero carbon
				resources in the utility's generation portfolio as of June 14, 2019;
				and
(6) no later than January 1,
				2045, zero carbon resources shall supply one hundred percent of all retail
				sales of electricity in New Mexico. Reasonable and consistent progress shall be
				made over time toward this requirement.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 572 - RENEWABLE ENERGY FOR ELECTRIC UTILITIES › Section 17.9.572.11 - COMMISSION ADMINISTRATION OF RPS AND ZERO CARBON STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
After consultation with the department of environment, the
				  commission may not approve a public utility's annual Renewable Energy Act plan
				  that results in material increases to greenhouse gas emissions from entities
				  not subject to commission oversight and regulation.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 572 - RENEWABLE ENERGY FOR ELECTRIC UTILITIES › Section 17.9.572.12 - REASONABLE COST THRESHOLD

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				reasonable cost threshold in any plan year is adjusted for inflation starting
				in 2021 by the amount of the cumulative increase change in the consumer price
				index, urban, all items, published by the bureau of labor statistics between
				January 1 of the year prior to the procurement plan year and January 1 of the
				procurement plan year. Each public utility shall include in its annual
				Renewable Energy Act plan a reasonable cost threshold analysis by proposed
				procurement for the plan year for which it seeks commission approval. This
				analysis shall show how each procurement compares for that plan year with the
				inflation adjusted reasonable cost threshold.
B. If, in any given year, a public utility
				determines that the average annual levelized cost of renewable energy that
				would need to be procured or generated for purposes of compliance with the
				renewable portfolio standard would be greater than the reasonable cost
				threshold, the public utility shall not be required to incur that excess cost;
				provided that the existence of this condition excusing performance under the
				renewable portfolio standard in any given year shall not operate to delay
				compliance with the renewable portfolio standard in subsequent years. The
				provisions of this rule do not preclude a public utility from accepting a
				project with a cost that would exceed the reasonable cost threshold. When a
				public utility can generate or procure renewable energy resources at or below
				the reasonable cost threshold, it shall be required to do so to the extent
				necessary to meet the applicable renewable portfolio standard. To the extent a
				procurement is greater than the reasonable cost threshold and results in excess
				costs, the public utility shall explain in detail why the public utility cannot
				procure renewable energy resources at a cost less than or equal to the
				reasonable cost threshold along with a demonstration of the public utility's
				efforts to procure renewable energy resources at or below the reasonable cost
				threshold.
C. Apublic utility that
				believes its procurement will exceed the reasonable cost threshold may file
				with the commission a request for waiver of the renewable portfolio standard
				for the applicable plan year. The waiver request shall:
(1) explain in detail why the public utility
				cannot procure resources at a cost less than the reasonable cost
				threshold;
(2) include an
				explanation and evidence of all efforts the public utility undertook to procure
				resources at a cost within the reasonable cost threshold; and
(3) be deemed granted if not acted upon
				within sixty days of the date the waiver request was filed.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 572 - RENEWABLE ENERGY FOR ELECTRIC UTILITIES › Section 17.9.572.13 - RESOURCE SELECTION

Current through Register Vol. 35, No. 13, July 16, 2024
The utility shall select resources to satisfy the renewable
				  portfolio standard through a competitive resource selection process that
				  includes opportunities for bidders to propose purchased power, facility
				  self-build or facility build-transfer options. The utility shall determine all
				  commercially available resources available through a competitive procurement
				  process that are necessary to make reasonable and consistent progress toward
				  the renewable portfolio standards and the zero-carbon standard. The utility
				  shall, at a minimum, use the net present value methodology to identify the
				  costs of a proposed new renewable energy resource necessary to satisfy the
				  renewable portfolio standard. The utility may propose additional methodologies
				  to identify the costs of a proposed new renewable energy
				  resource.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 572 - RENEWABLE ENERGY FOR ELECTRIC UTILITIES › Section 17.9.572.15 - COST RECOVERY FOR RENEWABLE ENERGY AND EMISSIONS REDUCTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A public utility
				shall recover the reasonable costs of complying with this rule through the rate
				making process, including its reasonable interconnection and transmission
				costs, costs to comply with electric industry reliability standards, and other
				costs attributable to acquisition and delivery of renewable energy and zero
				carbon energy to retail New Mexico customers.
B. Costs that are consistent with
				commission-approved annual Renewable Energy Act plans are deemed to be
				reasonable.
C. A public utility
				that is permitted to defer the recovery of renewable energy costs pursuant to
				commission order may, through the ratemaking process, recover from customers
				that are not subject to the rate impact limitations of Subsection C of Section
				62-16-4 NMSA 1978 the cumulative
				sum of those deferred amounts, plus a carrying charge on those
				amounts.
D. Any financial benefits
				resulting to customers qualified pursuant Subsection C of Section
				62-16-4 NMSA 1978 shall accrue to
				the customer immediately as of June 14, 2019 and shall be reflected in customer
				bills each month, subject to annual true-up and reconciliation.
E. The financial incentive established
				pursuant to
				17.9.572.22 NMAC shall be
				recovered or credited through a separate rider during the calendar year
				following the determination of the financial incentive, and subject to
				reconciliation for under- or over-recovery in a subsequent calendar
				year.
F. Any renewable energy
				procurement costs recovered through the utility's fuel clause shall be
				separately identified in its monthly and annual fuel and purchased power clause
				adjustment filings and its continuation filings.
G. The commission shall not disallow the cost
				associated with any expired renewable energy certificate.
H. If a public utility has been granted a
				certificate of public convenience and necessity prior to January 1, 2015 to
				construct or operate an electric generation facility and the investment in that
				facility has been allowed recovery as part of the utility's rate-base, the
				commission may require the facility to discontinue serving customers within New
				Mexico if the replacement has less or zero carbon dioxide emissions into the
				atmosphere; provided that no order of the commission shall disallow recovery of
				any undepreciated investments or decommissioning costs associated with the
				facility.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 572 - RENEWABLE ENERGY FOR ELECTRIC UTILITIES › Section 17.9.572.16 - CUSTOMERS QUALIFIED PURSUANT TO SUBSECTION C OF SECTION 62-16-4 NMSA 1978

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any customer
				that is a political subdivision of the state, or any educational institution
				designated in Article 12, Section 11 of the Constitution of New Mexico with an
				enrollment of twenty thousand students or more during the fall semester on its
				main campus, with consumption exceeding twenty million kilowatt-hours per year
				at any single location or facility, and that owns renewable energy generation
				or hosts such facilities through a renewable purchased power agreement, shall
				not be charged by the utility for power purchases of one year or less or fuel
				on the amount of electricity purchased from the utility equal to the amount of
				renewable energy produced or hosted by the customer. The customer shall
				annually certify to the state auditor and notify the commission and the
				customer's serving electric utility of the amount of renewable energy produced
				at the customer-owned or customer-hosted facilities that generate renewable
				energy. The customer shall also certify to the state auditor and notify the
				commission that the customer will retire all renewable energy certificates
				associated with the renewable energy produced by those facilities. Any
				financial benefits as a result of the provisions of this subsection shall
				accrue to the customer immediately upon June 14, 2019, and shall be reflected
				in customer bills each month subject to annual true-up and reconciliation. The
				provisions of this rule shall not prevent the utility from recovering all of
				its reasonable and prudent fuel and purchased power costs. That customer shall
				also certify that it will retire all renewable energy certificates associated
				with the energy produced by those facilities.
B. The notice to the commission and the
				customer's serving utility shall:
(1) be
				timely;
(2) state the plan year
				during which the renewable energy is expected to be produced or
				hosted;
(3) quantify the amount of
				renewable energy expected to be produced or hosted; and
(4) shall include a copy of the customer's
				certification to the state auditor.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 572 - RENEWABLE ENERGY FOR ELECTRIC UTILITIES › Section 17.9.572.17 - RENEWABLE ENERGY CERTIFICATES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Each public utility shall annually establish its compliance with the renewable
				portfolio standard through the filing of an annual report, as provided in
				17.9.572.19 NMAC, documenting the
				retirement of renewable energy certificates.
B. Non-WREGIS registered RECs shall contain
				the following information:
(1) the name and
				contact information of the renewable energy generating facility owner or
				operator;
(2) the name and contact
				information of the public utility or rural electric distribution cooperative
				purchasing the renewable energy certificate;
(3) the type of generator technology and fuel
				type;
(4) the generating facility's
				physical location, nameplate capacity in megawatts, location and ID number of
				revenue meter and date of commencement of commercial generation;
(5) the public utility to which the
				generating facility is interconnected;
(6) the control area operator for the
				generating facility; and
(7) the
				quantity in kilowatt-hours and the date of the renewable energy certificate
				creation.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 572 - RENEWABLE ENERGY FOR ELECTRIC UTILITIES › Section 17.9.572.18 - VOLUNTARY RENEWABLE TARIFFS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The commission may require that a public utility offer its retail customers a
				voluntary program for purchasing renewable energy that is in addition to
				electricity provided by the public utility pursuant to the renewable portfolio
				standard, under rates and terms that are approved by the commission.
B. The voluntary renewable tariff may also
				include provisions to enable consumers to purchase renewable energy within
				certain energy blocks and by source of renewable energy. Additionally, each
				public utility shall develop an educational program on the benefits and
				availability of its voluntary renewable energy program. The tariff, along with
				the details of the consumer education program, shall be on file with the
				commission.
C. All renewable energy
				purchased by a retail customer through an approved voluntary program shall:
(1) have all associated renewable energy
				certificates retired by the retail customer, or on that customer's behalf, by
				the public utility, and the certificates shall not be used to meet the public
				utility's renewable portfolio standard requirements pursuant to Subsection A of
				Section 62-16-4 NMSA 1978;
(2) be excluded from the total retail sales
				to New Mexico customers used to determine the renewable portfolio standard
				requirements pursuant to Subsection A of Section
				62-16-4 NMSA 1978; and
(3) not be subject to charges by the public
				utility to recover costs of complying with the renewable portfolio standard
				requirements pursuant to Subsection A of Section
				62-16-4 NMSA 1978.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 572 - RENEWABLE ENERGY FOR ELECTRIC UTILITIES › Section 17.9.572.19 - ANNUAL RENEWABLE ENERGY PORTFOLIO REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Concurrent with the filing of an annual
				renewable energy plan, each public utility shall file with the commission a
				report on its renewable energy generation or purchases of renewable energy
				during the prior plan year. This report shall:
(1) itemize all renewable energy generation
				or renewable energy certificate purchases and sales;
(2) list, and include copies of, all
				renewable energy certificates, including acquired, issued or retired
				certificates;
(3) document from
				WREGIS or its successor the renewable energy certificates acquired, sold,
				retired, transferred, or expired; such documentation shall include reports from
				WREGIS or its successor which allow the commission to determine, by fuel type,
				the number of RECs in each calendar year:
(a)
				acquired;
(b) sold;
(c) retired;
(d) transferred; and
(e) expired;
(4) describe the retirements made to meet
				renewable portfolio standard compliance based on actual retail sales and
				procurement costs, for the most recent reporting period including, the
				reductions, if any, to the RPS for:
(a)
				purchases by retail customers through an approved voluntary program;
				or
(b) due to the reasonable cost
				threshold;
(c) explain and
				demonstrate how the reduction was determined; and
(d) quantity of renewable energy certificates
				banked for future compliance use;
(5) describe and quantify the implementation
				of the voluntary renewable tariff requirements in
				17.9.572.18 NMAC;
(6) present a full explanation of approved
				recovery mechanisms for approved annual renewable energy plan costs and a
				complete accounting of all collected and deferred amounts; and
(7) describe and tabulate the utility's
				compliance with its renewable portfolio standard for a given report year and
				describe how the compliance relates to the first year a new renewable portfolio
				standard becomes effective as established in Subsection A of Section
				62-16-4 NMSA 1978 and Subsection A
				of 17.9.572.10 NMAC and describe how
				the compliance relates the first year of the next new renewable portfolio
				standard.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 572 - RENEWABLE ENERGY FOR ELECTRIC UTILITIES › Section 17.9.572.20 - REVIEW BY COMMISSION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Interested parties wishing to protest an annual Renewable Energy Act plan shall
				do so by stating the bases for the protest within 30 days after the filing of
				the utility's annual renewable energy plan.
B. The commission shall approve or modify
				annual Renewable Energy Act plans within 90 days and may approve such plans
				without a hearing, unless a protest is filed that demonstrates to the
				commission's reasonable satisfaction that a hearing is necessary.
C. The commission may modify a plan after
				notice and hearing, and may, for good cause, extend the time to approve an
				annual Renewable Energy Act plan for an additional 90 days.
D. If the commission does not act within the
				90-day period, a plan is deemed approved.
E. The commission may reject a plan, within
				40 days of filing, if the commission finds that the plan does not contain the
				required information; upon such rejection the public utility's obligation to
				procure additional resources will be suspended for the time necessary to file a
				revised plan. In such instances, the total amount of renewable energy to be
				procured by the public utility will not change.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 572 - RENEWABLE ENERGY FOR ELECTRIC UTILITIES › Section 17.9.572.21 - EXEMPTION AND VARIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				commission, upon its own motion, may issue, or any interested person may file
				an application for, an exemption or a variance from the requirements of this
				rule.
B. Such motion or application
				shall:
(1) identify the section of this rule
				for which the exemption or variance is requested;
(2) describe the situation that necessitates
				the exemption or variance;
(3) set
				out the effect of complying with this rule on the public utility and its
				customers if the exemption or variance is not granted;
(4) define the result the request will have
				if granted;
(5) state how the
				exemption or variance will be consistent with the purposes of this
				rule;
(6) state why no other
				reasonable alternative is preferable; and
(7) state why the proposed alternative is in
				the public interest.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 572 - RENEWABLE ENERGY FOR ELECTRIC UTILITIES › Section 17.9.572.22 - FINANCIAL INCENTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. In
				accordance with Subsection D of Section
				62-16-4 NMSA 1978, a public
				utility or any other person may, by motion or application, request that the
				commission develop and provide the public utility with financial or other
				incentives to encourage the public utility to produce or acquire renewable
				energy that:
(1) exceeds the applicable
				annual renewable portfolio standard set forth in Section
				62-16-4 NMSA 1978;
(2) results in reductions in carbon dioxide
				emissions earlier than required by Subsection A of Section
				62-16-4 NMSA 1978; or
(3) causes a reduction in the generation of
				electricity by coal-fired generating facilities, including coal-fired
				generating facilities located outside of New Mexico.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 573 - COMMUNITY SOLAR › Section 17.9.573.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to investor-owned electric utilities
				  subject to the commission's jurisdiction and to rural electric distribution
				  cooperatives that opt into the community solar program. This rule also applies
				  to subscriber organizations and subscribers as defined in the Community Solar
				  Act, Subsections M and N of Section 62-16B-2 NMSA 1978.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 573 - COMMUNITY SOLAR › Section 17.9.573.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Paragraph (10) of Subsection B of Section
				  8-8-4
				  and Section 62-16B-7 NMSA 1978.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 573 - COMMUNITY SOLAR › Section 17.9.573.6 - OBJECTIVES

Current through Register Vol. 35, No. 13, July 16, 2024
The objectives of this rule are to implement the Community
				  Solar Act, Section 62-16B-1
et seq
. NMSA 1978, and to
				  reasonably allow for the creation, financing and accessibility of community
				  solar facilities.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 573 - COMMUNITY SOLAR › Section 17.9.573.8 - LIBERAL CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
If any part or application of this rule is held invalid, the
				  remainder of its parts and any other applications of the rule shall not be
				  affected.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 573 - COMMUNITY SOLAR › Section 17.9.573.9 - UTILITY FILINGS FOR IMPLEMENTATION OF PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
Utilities shall file all tariffs, agreements and forms
				  necessary for implementation of the community solar program with the commission
				  within 60 days of the effective date of this rule.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 573 - COMMUNITY SOLAR › Section 17.9.573.10 - COMMUNITY SOLAR FACILITY REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A community solar facility, excepting any
				native community solar project, shall:
(1)
				have a nameplate capacity rating of five megawatts alternating current or
				less;
(2) be located in the service
				territory of the qualifying utility and be interconnected to the electric
				distribution system of that qualifying utility;
(3) have at least ten subscribers;
(4) have the option to be co-located with
				other energy resources, but shall not be co-located with other community solar
				facilities;
(5) not allow a single
				subscriber to be allocated more than forty percent of the generating capacity
				of the facility; and
(6) make at
				least forty percent of the total generating capacity of a community solar
				facility available in subscriptions of 25 kilowatts or less.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 573 - COMMUNITY SOLAR › Section 17.9.573.11 - STATEWIDE CAPACITY PROGRAM CAPS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The initial statewide capacity program cap
				of 200 megawatts alternating current is allocated among the three qualifying
				utilities according to addressable market estimations, subject to further
				refinement, as follows:
(1) public service
				company of New Mexico (PNM), 125 MW;
(2) southwestern public service company
				(SPS), 45 MW; and
(3) El Paso
				electric company (EPE), 30 MW.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 573 - COMMUNITY SOLAR › Section 17.9.573.12 - PROCESS FOR SELECTION OF COMMUNITY SOLAR FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The commission will engage a third-party
				administrator to manage an unbiased and nondiscriminatory process for selection
				of proposed projects for building and operating community solar facilities. The
				commission will have no involvement in the process except to the extent that
				the administrator or any participant in the process may raise before the
				commission an issue that is not fully addressed in this rule and that the
				commission finds, in its discretion, that it should address.
B. Community solar facility projects shall be
				selected through a competitive solicitation process, with each bid meeting the
				following minimum requirements for eligibility:
(1) the bidder's legally binding site
				control;
(2) the bidder's
				commitment to meeting statutory subscriber minimums and not exceeding statutory
				maximums;
(3) the bidder's
				completion of a utility pre-application report or an equivalent report by the
				utility;
(4) the bidder's proof of
				access to collateral for the applicable project deposit; and
(5) the bidder's payment of a $1000
				non-refundable bid application fee to the commission.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 573 - COMMUNITY SOLAR › Section 17.9.573.13 - INTERCONNECTION AND ADMINISTRATIVE COSTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The commission may determine on a
				case-by-case basis whether the cost of distribution system upgrades necessary
				to interconnect one or more community solar facilities may be eligible for some
				form of cost-sharing:
(1) among subscriber
				organizations using the same distribution facilities;
(2) among all ratepayers of the qualifying
				utility via rate base adjustments; or
(3) among ratepayers of the same rate class
				as subscribers to the community solar facility via a rate rider for that
				class.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 573 - COMMUNITY SOLAR › Section 17.9.573.14 - REGISTRATION OF SUBSCRIBER ORGANIZATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The commission will issue a registration
				form that each subscriber organization shall file with the commission, that
				includes ownership and contact information, non-profit registration, or proof
				of certification to operate in New Mexico, and a general description of the
				project(s) proposed by the subscriber organization.
B. Each subscriber organization's ongoing
				authorization to operate community solar facilities shall be dependent upon the
				organization's compliance with the statutory thirty-percent low-income
				subscription minimum for each facility operated by the subscriber organization.
				Each subscriber organization shall report to the program administrator on a
				monthly basis upon the organization's progress toward meeting the requirement.
				Subscriber organizations that have reached the required level shall report on a
				quarterly basis to verify that the requirement continues to be met. Subscriber
				organizations that fail to reach the required level within one year of project
				selection may be subject, at the commission's discretion, to penalties up to
				and including suspension or revocation of the subscriber organization's
				authorization to operate.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 573 - COMMUNITY SOLAR › Section 17.9.573.15 - SPECIAL SUBSCRIBER PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Low-income customers who are eligible to
				meet the thirty percent carve out of Paragraph (3) of Subsection B of Section
				62-16B-7 NMSA 1978 may be pre-qualified based on participation in any of the
				following programs:
(1) Medicaid;
(2) Supplemental Nutrition Assistance Program
				(SNAP);
(3) Low-Income Home Energy
				Assistance Program (LIHEAP);
(4)
				first-time homeowner programs and housing rehabilitation programs;
(5) living in a low-income/affordable housing
				facility; or
(6) state and federal
				income tax credit programs.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 573 - COMMUNITY SOLAR › Section 17.9.573.16 - SUBSCRIBER PROTECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				commission has adopted a uniform disclosure form, identifying the information
				to be provided by subscriber organizations to potential subscribers, in both
				English and Spanish, and when appropriate, native or indigenous languages, to
				ensure fair disclosure of future costs and benefits of subscriptions, key
				contract terms, security interests and other relevant but reasonable
				information pertaining to the subscription, as well as grievance and
				enforcement procedures. The key contract terms to be disclosed on the form are
				subscription size (kw dc), estimated contract effective date, contract term
				(months or years), option to renew y/n?, enrollment costs/subscription fees,
				payment terms, rate discount, estimated total one year payments, early
				termination fees or cancellation terms, and subscription portability or
				transferability. The subscriber organization shall provide the form to a
				potential subscriber and allow them a reasonable time to review the form's
				disclosures and sign the form before entering into a subscription agreement.
				The subscriber organization shall maintain in its files a signed form for each
				subscriber for the duration of the subscriber's subscription, plus one year,
				and shall make the form available to the commission upon the commission's
				request.
B. The subscriber
				organization must maintain a minimum level of general liability insurance
				coverage for each facility that it operates, with the minimum level dependent
				upon the nameplate capacity of the facility, according to the following
				schedule: one million dollars per occurrence for a facility with a capacity
				greater than 250 kW, five hundred thousand dollars per occurrence for a
				facility with a capacity in the range of 40 kW - 250kW, and three hundred
				thousand dollars per occurrence for a facility with a capacity below 40
				kW.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 573 - COMMUNITY SOLAR › Section 17.9.573.17 - SUBSCRIPTION AGREEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Each subscriber organization shall develop and implement a
				  written subscriber agreement containing the organization's terms and conditions
				  for subscribing to its project.
A. The
				subscriber agreement must include the following terms, at a minimum:
(1) general project information;
(2) the effective date and term of the
				agreement;
(3) identification of
				all charges and fees;
(4) payment
				details;
(5) information about the
				bill credit mechanism;
(6) a
				comparison of the subscriber's net bill with and without the
				subscription;
(7) the terms and
				conditions of service;
(8) the
				process for customer notification if the community solar facility is out of
				service;
(9) the customer
				protections provided;
(10) contact
				information for questions and complaints; and
(11) the subscriber organization's commitment
				to notify the subscriber of changes that could impact the subscriber.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 573 - COMMUNITY SOLAR › Section 17.9.573.18 - CO-LOCATION OF COMMUNITY SOLAR FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
As long as a community solar facility is not located on the
				  same parcel as another community solar facility, it shall not be considered
				  co-located with another community solar facility. For any parcel that has been
				  subdivided in the two years prior to a community solar project bid, all
				  subdivided parcels shall be considered a single parcel for the purposes of this
				  rule. The commission will consider, on a case-by-case basis, allowing more than
				  one community solar facility to be located on the same
				  parcel.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 573 - COMMUNITY SOLAR › Section 17.9.573.19 - PRODUCTION DATA

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				subscriber organization shall pay for a production meter to be used to measure
				the amount of electricity and renewable energy certificates generated by each
				community solar facility, whether installed by the utility or the subscriber
				organization. A net meter may serve as the production meter if the utility
				determines that there is no material onsite load at the facility.
B. The subscriber organization shall provide
				real-time reporting of production as specified by the utility. For a community
				solar facility with production capacity greater than 250 kW AC, the subscriber
				organization shall provide real-time electronic access to production and system
				operation data to the utility.
C.
				Production from the facility shall be reported to the subscribers by the
				subscriber organization on at least a monthly basis. Subscriber organizations
				are encouraged to provide website access to subscribers showing real-time
				output from the facility, if practicable, as well as historic production
				data.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 573 - COMMUNITY SOLAR › Section 17.9.573.20 - COMMUNITY SOLAR BILL CREDIT RATE

Current through Register Vol. 35, No. 13, July 16, 2024
A. In calculating the solar bill credit rate,
				the utility shall calculate the total aggregate retail rate on a
				per-customer-class basis, less the commission-approved distribution cost
				components, and identify all proposed rules, fees and other charges converted
				to a kilowatt-hour rate, including fuel and power cost adjustments, the value
				of renewable energy attributes and other charges of a qualifying utility's
				effective rate schedule applicable to a given customer rate class, but does not
				include charges described on a qualifying utility's rate schedule as minimum
				monthly charges, including customer or service availability charges, energy
				efficiency program riders or other charges not related to a qualifying
				utility's power production, transmission or distribution functions, as approved
				by the commission, franchise fees and tax charges on utility bills;
B. The total aggregate retail rate is the
				total amount of a qualifying utility's demand, energy and other charges
				converted to a kilowatt-hour rate, including fuel and power cost adjustments,
				the value of renewable energy attributes and other charges of a qualifying
				utility's effective rate schedule applicable to a given customer rate class,
				but does not include charges described on a qualifying utility's rate schedule
				as minimum monthly charges, including customer or service availability charges,
				energy efficiency program riders or other charges not related to a qualifying
				utility's power production, transmission or distribution functions, as approved
				by the commission, franchise fees and tax charges on utility bills. The
				utility's tariff for the bill credit shall include a table specifying the
				components of the total aggregate retail rate, the value of the renewable
				energy attributes and the distribution costs to be subtracted.
C. The utility shall base its distribution
				cost calculation upon its most recently commission-approved cost-of-service
				study indexed to current value.
D.
				The utility shall not subtract any costs of transmission from the solar bill
				credit rate calculation.
E. The
				utility shall initially value the environmental attributes of renewable energy
				certificates (RECs) at the utility's average cost of meeting its renewable
				portfolio standard requirement. During the utility's next base rate case, the
				Commission will consider whether to adopt a replacement methodology to
				determine the net present value of the environmental attributes of RECs
				necessary to reach the mandated eighty-percent renewable portfolio standard by
				2040, including full environmental and distribution benefits.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 573 - COMMUNITY SOLAR › Section 17.9.573.21 - UNSUBSCRIBED ENERGY

Current through Register Vol. 35, No. 13, July 16, 2024
A. If a
				community solar facility is not fully subscribed in a given month, the
				unsubscribed energy may be rolled forward on the community solar facility
				account for up to one year from its month of generation and allocated by the
				subscriber organization to subscribers at any time during that period. At the
				end of that period, any undistributed bill credit shall be removed, and the
				unsubscribed energy shall be purchased by the qualifying utility at its
				applicable avoided cost of energy rate as approved by the commission.
B. The utility shall document any payments
				made for unsubscribed energy, including documentation of the utility's
				calculation of avoided cost and make such documentation available to the
				commission upon request. The utility may request recovery of such payments in
				its next base rate case.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 573 - COMMUNITY SOLAR › Section 17.9.573.22 - REPORT TO LEGISLATURE

Current through Register Vol. 35, No. 13, July 16, 2024
On April 1, 2023 and April 1, 2024, qualifying utilities and
				  subscriber organizations shall provide information to the commission relevant
				  to the report to the legislature due on November 1, 2024. The commission will
				  issue specific information requests no later than 45 days before each April
				  deadline.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 574 - APPLICATIONS TO EXPAND TRANSPORTATION ELECTRIFICATION › Section 17.9.574.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Paragraph (10) of Subsection B of Section
				  62-19-9 NMSA 1978 and Section
				  62-8-12 NMSA
				  1978.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 574 - APPLICATIONS TO EXPAND TRANSPORTATION ELECTRIFICATION › Section 17.9.574.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 14, 2023, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 574 - APPLICATIONS TO EXPAND TRANSPORTATION ELECTRIFICATION › Section 17.9.574.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to implement Section
				  62-8-12 NMSA 1978, applications to
				  expand transportation electrification, and to bring to New Mexico the economic
				  development and environmental benefits of expanded electrification of the
				  State's transportation modalities and transportation
				  infrastructure.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 574 - APPLICATIONS TO EXPAND TRANSPORTATION ELECTRIFICATION › Section 17.9.574.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise specified, as used in this rule:
A.
Definitions beginning with "A":
				[RESERVED]
B.
Definitions beginning with "B": [RESERVED]
C.
Definitions beginning with "C":
				"charging station"
means any publicly available infrastructure that
				delivers electricity from a source outside an electric vehicle into one or more
				electric vehicles.
D.
Definitions beginning with "D": [RESERVED]
E.
Definitions beginning with "E":
				"electric vehicle"
or
"EV"
means a passenger automobile,
				truck, bus, train, boat, or other equipment that transports goods or people
				that is powered in part or in whole by the use of electricity from external
				sources.
F.
Definitions
				beginning with "F": [RESERVED]
G.
Definitions beginning with "G":
				[RESERVED]
H.
Definitions beginning with "H": [RESERVED]
I.
Definitions beginning with "I":
				"investment"
means utility incurred expenditures on an asset, on a
				program or a project, or on research and development, associated with the
				expansion and facilitation of transportation electrification.
J.
Definitions beginning with "J":
				[RESERVED]
K.
Definitions beginning with "K": [RESERVED]
L.
Definitions beginning with "L":
				[RESERVED]
M.
Definitions beginning with "M": "measure"
means an investment,
				incentive, program, rate design, or expenditure in a transportation
				electrification plan that is reasonably expected to achieve the goals of
				Section 62-8-12 NMSA 1978.
N.
Definitions beginning with "N":
				[RESERVED]
O.
Definitions beginning with "O":
(1)
"off-peak hours"
means hours
				not included in the on-peak period as set forth in a public utility's
				commission approved tariff;
(2)
"on-peak hours"
means hours included in the on-peak period as set
				forth in a public utility's commission approved tariff.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 574 - APPLICATIONS TO EXPAND TRANSPORTATION ELECTRIFICATION › Section 17.9.574.8 - IMPACT ON OTHER RULES

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 574 - APPLICATIONS TO EXPAND TRANSPORTATION ELECTRIFICATION › Section 17.9.574.9 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
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 9 - ELECTRIC SERVICES › Part 574 - APPLICATIONS TO EXPAND TRANSPORTATION ELECTRIFICATION › Section 17.9.574.10 - LIBERAL CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
This rule shall be liberally construed to carry out its
				  intended purposes.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 574 - APPLICATIONS TO EXPAND TRANSPORTATION ELECTRIFICATION › Section 17.9.574.11 - APPLICATIONS TO EXPAND TRANSPORTATION ELECTRIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. In accordance with the filing schedule
				provided in
				17.9.574.12 NMAC, a public utility
				shall file with the commission an application for approval of a proposed
				three-year plan to expand transportation electrification in the utility's
				service area. The three-year plan may include planned investments, incentives,
				programs, rate designs, and expenditures that are reasonably expected to
				achieve the goals of Section
				62-8-12 NMSA 1978 during the plan
				years.
B. A public utility's
				proposed three-year plan shall include, at minimum:
(1) strategies and measures for expanding
				transportation electrification among low-income customers and underserved
				communities, including but not limited to:
(a) a percentage budgetary carveout for
				measures aimed at increasing EV awareness and adoption among low-income
				customers and in underserved communities;
(b) outreach and marketing strategies and
				measures for expanding transportation electrification among low-income
				customers and in underserved communities; and
(c) strategies and measures for mass transit
				operations, ride-sharing programs, and multi-family dwelling units in the
				utility's service area that serve low-income customers and underserved
				communities;
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 574 - APPLICATIONS TO EXPAND TRANSPORTATION ELECTRIFICATION › Section 17.9.574.12 - APPLICATION FILING, SERVICE, AND REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
A. Public service company of New Mexico shall
				file its application by June 1, 2023, and every three years thereafter
				following by the same date. El paso electric company shall file its application
				by July 1, 2023, and every three years thereafter following by the same date.
				Southwestern public service company shall file its application by April 1,
				2024, and every three years thereafter following by the same date.
B. A public utility shall electronically file
				and serve its application pursuant to 1.2.2 NMAC. A public utility shall
				electronically serve a copy of its application on intervenors in the public
				utility's most recent TEP docket, the New Mexico attorney general, and the
				intervenors in the public utility's most recent rate case. The public utility
				shall also post on its website its most recently approved TEP and any proposed
				TEP pending before the commission.
C. The commission shall complete its review
				and approval of a public utility's TEP application pursuant to
				17.9.574.11 NMAC no later than six
				months after filing of the application, unless the commission finds that a
				longer time will be required, in which case the commission may extend the
				period for an additional three months.
D. The commission's final order on a public
				utility's TEP application shall address the utility's proposed cost recovery
				for TEP costs.