New Mexico Administrative Code

When used in NMPSC Rule 450 [17.6.450 NMAC] unless otherwise specified the following definitions will apply: A. "Affiliated Interest" or "Affiliate" is as defined by NMSA 1978, Section 62-3-3 A. B. "Class I Transaction" is as defined by NMSA 1978, Section 62-3-3 J. C. "Class II T…

A. General Provisions: [17.6.450.9 NMAC] (1) Purpose [17.6.450.6 NMAC] (2) Authority [17.6.450.3 NMAC] (3) Reason for Adoption [17.6.450.9 NMAC] (4) Application [17.6.450.2 NMAC] (5) Investigation [17.6.450.9 NMAC] (6) Definitions [17.6.450.7 NMAC] B. Class II Transactions: Appro…

A. Reason for Adoption: NMPSC Rule 450 [17.6.450 NMAC] is adopted in order to fulfill the requirements of NMSA 1978, Section 62-6-19 E. B. Investigation: The Commission hereby undertakes an ongoing investigation into Class I transactions and Class II transactions and their result…

The New Mexico Public Regulation Commission.

The following criteria apply to large customer utility credits for self-directed programs. A. The expenditures made by the large customer at its facilities shall be cost-effective according to the utility cost test. B. Projects that have received rebates, financial or other progr…

The following criteria apply to utility exemptions to large customers for self-directed programs. A. To receive approval for an exemption to paying seventy percent of the tariff rider, a large customer must demonstrate to the reasonable satisfaction of the utility or self-direct …

A. Within each plan year, the utility, commission staff, attorney general, energy, minerals and natural resources department, or any other interested party, may petition the commission to modify or terminate a measure or program, or to approve a new program, for good cause by fil…

A. Electric utility recovery of program costs shall only be from customer classes with an opportunity to participate in approved measures and programs, and shall be three percent to five percent of customers' bills or seventy-five thousand dollars ($75,000) per customer per plan …

A. Annual reports shall provide information relating to the public utility's actions to comply with the Efficient Use of Energy Act. B. Each public utility shall post its annual report on a publicly accessible website. C. Annual reports shall include the following for each measur…

A. Every energy efficiency and load management program shall be independently evaluated at least every three years. Every year, a public utility shall submit to the commission a comprehensive measurement, verification and program evaluation report prepared by an independent progr…

A. Distribution cooperative utilities shall, within 24 months after the effective date of this rule, and every 24 months thereafter, examine potential customer assistance in reducing energy consumption or peak electricity demand in a cost-effective manner. Based on these studies,…

The commission may order a public utility to submit to an audit that examines whether the public utility's energy efficiency and load management program costs are prudent, reasonable and being properly assigned to programs in accordance with this rule, commission orders, and othe…

Written applications for a variance from any of the provisions of this guideline shall: A. state the reason(s) for the variance request; B. identify each of the sections of this guideline for which a variance is requested; C. describe the effect the variance will have, if granted…

This rule applies to all electric, gas and distribution cooperative utilities subject to the commission's jurisdiction.

Sections 8-8-16, 62-3-1, 62-8-6, 62-17-1 et. seq., NMSA 1978.

Permanent.

September 26, 2017 unless a later date is cited at the end of a section. Applications filed prior to this effective date shall be governed by the specific orders related to those applications.

The purpose of this rule is to implement the Efficient Use of Energy Act and establish criteria to evaluate and implement cost-effective measures or programs that reduce energy demand and energy consumption. The rule also specifies how annual program funding is to be determined; …

In addition to the definitions used in Section 62-17-4 NMSA 1978, the following definitions apply to this rule: A. Definitions beginning with "A": application means a utility application for commission approval of proposed energy efficiency measures or programs and load managemen…

A. Timing. Beginning in the year specified below, each public utility shall file an application every three years 2021 2022 2023 El Paso Electric Company (and its successors) Southwest Public Service Company (and its successors) Public Service Company of New Mexico (and its succe…

A. The programs should enable residential customers or households to conserve energy, reduce demand, or reduce residential energy bills. B. Provided that the public utility's total portfolio of programs remains cost-effective, no less than five percent of the amount received by t…

New Mexico Public Regulation Commission.

A. The statement of need is a description and explanation of the amount and the types of new resources, including the technical characteristics of any proposed new resources, to be procured, expressed in terms of energy or capacity, necessary to reliably meet an identified level …

A. The utility's action plan shall:(1) detail the specific actions the utility shall take to implement the IRP spanning a three year period following the filing of the utility's IRP; (2) detail the specific actions the utility shall take to develop any resource solicitations or c…

A. Scope and purpose: Unless the commission grants a public utility's variance application pursuant to 17.7.3.17 NMAC for a variance from Section 12 of this rule, the utility shall follow the request for proposals process to ensure cost competitiveness and fairness in procurement…

A. Acceptance of the utility's statement of need and action plan does not constitute a finding of prudence or pre-approval of costs associated with acquiring additional resources. B. Any costs incurred to implement an accepted action plan shall be considered in a general rate cas…

A. Scope and purpose: The independent monitor's role is to help the commission determine that the request for proposals design and execution is fair, competitive, and transparent. The independent monitor shall advise the commission and report on the RFP process, but the independe…

A. The utility may submit any portions of its IRP under seal to the extent the utility deems specific information to be confidential. B. The utility shall seek a protective order under Subsection B of 17.1.2.8 NMAC for those portions of its IRP it considers confidential, and the …

A. Motion for exemption from rule: Upon motion by a utility and for good cause shown, the commission may exempt public utilities with fewer than five thousand customers and distribution-only public utilities from the requirements of this rule. B. Filing of a notice of exemption f…

A. A utility may file a request for a variance from the requirements of this rule. B. Such application shall: (1) describe the situation which necessitates the variance; (2) set out the effect of complying with this rule on the utility and its customers if the variance is not gra…

A. This rule applies to all electric utilities subject to the commission's jurisdiction over integrated resource planning. B. Impact on other rules: Except as specifically provided herein, this rule does not supersede any other rule of the commission but is to be construed as a s…

This rule is adopted under the authority vested in this commission by the New Mexico Constitution, Article XI, Section 2; the Public Regulation Commission Act, Paragraph (10) of Subsection B of Section 8-8-4 NMSA 1978 and Section 8-8-15 NMSA 1978; the Public Utility Act, Section …

Permanent.

October 27, 2022, unless a later date is cited at the end of a section.

A. The objective of this rule is to set forth the commission's requirements for the preparation, filing, review, and acceptance of integrated resource plans by public utilities supplying electric service in New Mexico in order to identify the most cost-effective portfolio of reso…

When used in this rule, unless otherwise specified the following definitions shall apply: A. Definitions beginning with "A": (1) action plan means the proposed process and specific actions the utility shall carry out to implement the integrated resource plan spanning a three year…

A. A public utility supplying electric service to customers shall file with the commission every three years a proposed integrated resource plan (IRP) to meet the service needs of its customers over the planning period. The plan shall show the resource options the utility intends…

A. At least six months prior to the filing of its IRP, the utility shall notify the commission, members of the public, the New Mexico attorney general, and all parties to its most recent base rate case and most recent IRP case of its intent to file an IRP. The commission, upon no…

New Mexico Public Regulation Commission.

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 per…

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…

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 …

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 uti…

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.

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…