New Mexico Administrative Code

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

This rule is adopted under the authority vested in this commission by the New Mexico Public Regulation Commission Act, NMSA 1978, Section 8-8-15; the Public Utility Act, NMSA 1978, Section 62-3-1 et seq.; and the Efficient Use of Energy Act, NMSA 1978, Section 62-17-1 et seq.

Permanent.

April 16, 2007, unless a later date is cited at the end of a section.

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.

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 …

The commission adopts this rule in order to fulfill the requirements of NMSA 1978, Section 62-17-10.

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 Public Service Commission [New Mexico Public Regulation Commission].

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.

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.

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 Formerly NMPSC General Order No. 38, superseded for purposes of rule reorganization and codification.

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."

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).

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 encoura…

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 resid…

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]

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…

New Mexico Renewable Energy Transmission Authority ("RETA" or the "Authority").

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.

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.

NMSA 1978, Section 62-16A-1 et seq., as amended.

Permanent.

December 15, 2011, unless a later date is cited at the end of a section.

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.

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 b…

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 gener…

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 …

New Mexico Renewable Energy Transmission Authority ("Authority").

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. …

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 th…

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.

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…

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 au…

NMSA, 1978, Sections 42A-1-1 et seq., and 62-16A-1 et seq.

Permanent.

December 15, 2011, unless a later date is cited at the end of a section.

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 claimi…

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 partici…

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 …

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. A…

New Mexico Public Service Commission [New Mexico Public Regulation Commission].

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 UNI…

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.