New Mexico Administrative Code

A. Purpose [17.9.540.6 NMAC] B. Authority [17.9.540.3 NMAC] C. Applicability [17.9.540.2 NMAC] D. Filings by Coops Proposing a New Rate or Rates [17.9.540.9 NMAC] E. Protests by Coop Members [17.9.540.10 NMAC] F. Form and Filing of Protest [17.9.540.11 NMAC] G. Commission Procedu…

A. A coop which has complied with NMPSC Rule 540.8 [17.9.540.13 NMAC] below shall file with the Commission a schedule proposing a new rate or rates together with an affidavit describing how the notice required by NMPSC Rule 540.8 [17.9.540.13 NMAC] has been made, to which affidav…

New Mexico Public Regulation Commission.

A. Unless otherwise ordered by the commission, formal hearings will not be held prior to the effective date of any factor adjustment made in accordance with the provisions of 17.9.550 NMAC. The commission may, upon its own motion or upon the filing of a complaint, and after notic…

This rule shall in no way relieve any electric utility subject to the jurisdiction of the commission of any of its duties prescribed under the laws of New Mexico or the tariff regulations, orders and rules of the commission.

A. Calculation of a factor shall be made using the methodology, required format and data calculations approved for the utility by the commission, and shall be submitted on commission-approved forms. A sample format is provided in 17.9.550.20 NMAC of this rule. A utility's methodo…

A. Each electric utility that has a FPPCAC as a part of a filed rate schedule shall file each month all the data and calculations called for in 17.9.550.12 NMAC. The monthly data shall be submitted in electronic format to the director of the utility division or his designee on th…

The commission may eliminate or impose conditions on a particular FPPCAC if it finds such action is consistent with the purposes of the Public Utility Act, including serving the goal of providing reasonable and proper service at fair, just and reasonable rates to all customer cla…

The factor shall be expressed in dollars per kWh, and the resultant monthly charge or credit shall be shown on each customer's monthly bill.

A. No utility shall have a FPPCAC included in its tariff unless it complies with the requirements of 17.9.550 NMAC in the design of its FPPCAC and tariff and files an application with the commission requesting approval of its use of a FPPCAC. The utility shall submit testimony al…

A. Each utility operating with a FPPCAC as part of its tariff shall file an application for continued use of its FPPCAC at intervals of no more than four (4) years from the date the FPPCAC is approved or continued by the commission. The application must address the considerations…

The commission in its discretion may order refunds of charges collected under the provisions of 17.9.550 NMAC to the customers of an electric utility where the commission determines, after notice and hearing, that the utility's collection of such amounts is contrary to the provis…

The commission in its discretion may order that a prudence review be conducted to assure that fuel and purchased power costs collected by a utility through its FPPCAC are prudently incurred. Any prudence review shall be conducted under such procedures as the commission may direct…

NMPSC Rule 550, 17.9.550 NMAC shall apply to every electric utility and generation and transmission cooperative operating within the state of New Mexico and which is subject to the jurisdiction of the commission as provided by law.

A utility shall submit a monthly report and calculation of its factor to the commission, using a standard format that is not inconsistent with the format and data requirements of this section. Supporting workpapers shall accompany the monthly report. FPPCAC Factor Sample Report F…

Sections 62-3-1, 62-3-2, 62-6-4, 62-8-1, 62-8-3 and 62-8-7(E) and (F), NMSA 1978.

Permanent.

December 30, 2010, unless a later date is cited at the end of a section.

The objective of this rule is to: A. provide for adequate regulatory review of a utility's operations under a fuel and purchased power cost adjustment clause ("FPPCAC"); B. provide for the stability of utility earnings when electric fuel costs and purchased power costs are rising…

Unless otherwise specified, the following definitions will apply: A. account (number) means such account as defined and in current use by the federal energy regulatory commission; B. annual report means the report filed annually that summarizes and verifies all actual fuel and pu…

Applications for a variance shall: A. describe with particularity the reasons which prompted the filing of the variance application; B. set out the effect of complying with 17.9.550 NMAC on the utility and its customers as a result of the condition; C. identify the section(s) of …

A utility filing an application for an initial or continued FPPCAC, or a variance, shall, contemporaneously with such filing, mail copies of such application by first class mail to the attorney general and the intervenors in the utility's most recent rate case.

New Mexico Public Regulation Commission.

A. The commission may approve an application for approval of an LTPPA without a formal hearing if no protest is filed within 60 days after the date that notice is given pursuant to a commission order. B. The commission shall issue its final order acting on the application within …

A. An electric utility may, but is not required to, request approval or request ratemaking treatment other than as provided in Subsection A of 17.9.551.9 NMAC, for a purchased power agreement with a term of two years or more but less than five years, by filing the same type of ap…

A. An electric utility may file a request for a variance from the requirements of this rule with service of the request to the same parties on whom the application must be served; such request shall: (1) identify the sections of this rule for which the variance is requested; (2) …

This rule applies to the investor owned electric utilities operating within New Mexico that are subject to the jurisdiction of the New Mexico public regulation commission and to purchased power agreements entered into after the effective date of this rule. This rule shall not sup…

Public Regulation Commission Act, Section 62-19-9 NMSA 1978, Public Utility Act, Sections 62-3-1, 62-6-4, and 62-6-19 NMSA 1978.

Permanent.

July 31, 2012, unless a later date is cited at the end of a section.

To establish review and approval procedures for purchased power agreements.

A. "Capacity cost" means a charge separately identified and incurred under a purchased power agreement for capacity or the reservation of capacity. B. "Commission" means the New Mexico public regulation commission. C. "Electric utility" means an entity certified by the commission…

A. No electric utility shall become irrevocably obligated under an LTPPA without first obtaining the commission's written approval of the agreement. B. An electric utility shall file at the commission within 30 days after the execution of a LTPPA an application for the commission…

A. The following ratemaking treatment shall apply to all purchased power agreements unless otherwise expressly authorized by order of the commission:(1) energy costs incurred under a purchased power agreement are recoverable through a fuel and purchased power cost adjustment clau…

New Mexico Public Regulation Commission.

A. Location of records. The location of records shall be as prescribed in Section 62-6-17 NMSA 1978. B. Retention of records. Records shall be retained as prescribed in 17.3.310 NMAC. C. Data to be filed with the commission. The utility shall maintain the following documents and …

A. Disposition of electricity: (1) All electricity sold by a utility shall be on a basis of meter measurement except for service of installations where the load is constant and the consumption may be readily computed. (2) Wherever practicable, consumption of electricity within th…

A. Customer information: Each utility shall: (1) maintain up-to-date maps, plans, or records of its entire transmission and distribution systems with such other information as may be necessary to enable the utility to advise prospective customers and others entitled to the inform…

A. Requirement for good engineering practice: The electric plant of the utility shall be constructed, installed, maintained, and operated in accordance with accepted good engineering practice in the electric industry to assure, as far as reasonably possible, continuity of service…

A. Request tests: Upon request by a customer the utility shall test the meter serving that customer. The utility shall advise such customer that they may be present during the meter test. If the meter has been tested within the last 18 months the utility may charge the customer t…

A. Standard frequency: The standard frequency for alternating current distribution systems shall be 60 cycles per second. The frequency shall be maintained within limits which will permit the satisfactory operation of customers' clocks connected to the system. B. Voltage limits: …

A. Protective measures: (1) Each utility shall exercise reasonable care to protect its employees, its customers, and the general public from hazards to which they may be subjected. (2) The utility shall give reasonable assistance to the commission in the investigation of the caus…

17.9.560 NMAC shall apply to every electric utility (investor-owned, rural electric cooperative, or municipal) operating within the state of New Mexico and which is subject to the jurisdiction of the New Mexico public regulation commission as provided by the public utility act.

Public Regulation Commission Act, Section 8-8-15 NMSA 1978.

Permanent.

November 10, 2020 unless a later date is cited at the end of a section.