New Mexico Administrative Code

A. Modifications. If unreasonable hardship to a utility or to a customer results from the application of any provision herein prescribed, application may be made to the commission for the modification of the provision or for temporary or permanent exemption from its requirements.…

New Mexico Public Regulation Commission.

A. For each compliance period, the commission shall, upon the filing of the third annual report of the compliance period, measure and verify a qualifying utility's compliance with the CO2 emissions standards over the compliance period. (1) Utility division staff shall evaluate th…

A. After issuing an order to show cause to a qualifying utility and making a finding of non-compliance with the CO2 emissions standards of Subsection D of Section 62-18-10 NMSA 1978 and 17.9.561.9 NMAC, the commission may impose monetary and non-monetary regulatory sanctions on t…

This rule applies to all qualifying utilities as that term is defined in the Energy Transition Act, Subsection T of Section 62-18-2 NMSA 1978, that receive approval of a financing order and issue sources of energy transition bonds.

Subsection T of Section 62-18-2 NMSA 1978, Subsection D of Section 62-18-10 NMSA 1978, Paragraph (2) of Subsection B of Section 62-18-11 NMSA 1978, and Paragraph (5) of Subsection B of Section 62-19-9 NMSA 1978.

Permanent.

November 19, 2024, unless a later date is cited at the end of a section.

The objective of this rule is to implement the requirements of, and to ensure compliance and consistency with, Subsection D of Section 62-18-10 NMSA 1978 of the Energy Transition Act.

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": (1) "CO2" means carbon dioxide; and (2) "compliance period" means the triennial period over which the c…

A. By January 1, 2023, until December 31, 2031, a qualifying utility's fleet shall not emit, on average over a compliance period, more than 400 pounds of CO2 per MWh. B. By January 1, 2032, and for every subsequent compliance period, a qualifying utility's fleet shall not emit, o…

A. A qualifying utility shall file an annual report by March 15 for the preceding year's data. B. An annual report shall include the following data:(1) all fleet CO2 emissions; (2) all CO2 emissions resulting from bilateral wholesale market transactions and day-ahead and real-tim…

New Mexico Public Regulation Commission.

A. The interconnection customer shall install, operate, and maintain the generating facility and the interconnection equipment in a safe manner in accordance with the rules for safety and reliability set forth in the latest editions of the national electrical code, other applicab…

A. Beginning on March 28, 2023 (or another date set by commission order), generating facilities shall be required to comply with IEEE 1547-2018, and shall conform with the following minimum requirements. (1) Abnormal performance requirements: Category III ride through capabilitie…

A. Export Controls: If a DER uses any configuration or operating mode in subsection C to limit the export of electrical power across the point of interconnection, then the export capacity shall be only the amount of power capable of being exported (not including any inadvertent e…

A. There are four interconnection review paths: (1) Simplified process: For certified inverter-based generating facilities that have a nameplate rating that does not exceed 50 kilowatts (kW) and an export capacity that does not exceed 25 kilowatts (kW). (2) Fast track process: Fo…

Potential applicants may request this optional report for a specific site to get information about system conditions at their proposed point of interconnection without submitting a full interconnection application. A. Potential applicants shall provide the following information t…

A. Application: An interconnection customer must submit an interconnection application, pursuant to Subsection B of 17.9.568.13 NMAC, using the standard simplified interconnection application form provided in Appendix 1A, which may be sent electronically to a recipient designated…

A. Application: An interconnection customer must submit an interconnection application, pursuant to Subsection B of 17.9.568.13 NMAC, using the standard interconnection application form provided in Appendix 1B, which may be sent electronically to a recipient designated by the uti…

A. Agreeing to supplemental review: To accept the offer of a supplemental review, the applicant shall agree in writing and submit a $2,500 fee for the review, both within 15 business days of the offer. If the written agreement and deposit have not been received by the utility wit…

A. Application: An interconnection customer must submit an interconnection application, pursuant to Subsection B of 17.9.568.13 NMAC, using the interconnection application form for fast track and detailed study provided in Appendix 1C, which may be sent electronically to a recipi…

A. The cost of utility system modifications required pursuant to the fast track process or the full interconnection study process shall be borne by the applicant unless otherwise agreed to by the parties or following a determination by the commission that some or all of the costs…

A. This rule, and the definitions, standards, procedures and screening processes described herein apply to every electric utility including rural electric cooperatives and investor-owned utilities operating within the state of New Mexico that are subject to the jurisdiction of th…

A. For simplified process interconnection projects, the applicant will sign a form interconnection agreement at the time it submits its interconnection application, and the utility will return a counter-signed interconnection agreement with the screen results. B. For fast track a…

A. The interconnection customer may not commence operations until its interconnection application is deemed complete and the utility has issued a permission to operate (PTO). The interconnection customer shall provide the utility with at least 10 business days' notice of the anti…

A. An applicant shall pay the following application fee to the utility at the time it delivers its interconnection application to the utility: (1) $150.00 if the proposed generating facilities will have a nameplate rating less than or equal to 25 kW; (2) $300.00 if the proposed g…

A. A utility shall interconnect any interconnection customer that meets the interconnection criteria set forth in this rule. A utility shall make reasonable efforts to keep the applicant informed of the status and progress. B. Utilities shall reasonably endeavor to aid and assist…

A. An interconnection customer is responsible for the prudent maintenance and upkeep of its interconnection equipment. B. Upon the petition of a utility, for good cause shown, the commission may require a customer with a generating facility with a rated capacity of 250 kW or less…

A. The applicant may request in writing the extension of one timeline set by these rules. The requested extension may be for up to one-half of the time originally allotted (e.g., a 10 business day extension for a 20 business day timeframe). The utility shall not unreasonably refu…

A. Each party agrees to attempt to resolve all disputes arising hereunder promptly, equitably and in a good faith manner. B. In the event of a dispute, either party shall provide the other party with a written notice of dispute. Such notice shall describe in detail the nature of …

A. For each request for a pre-application report or interconnection application received, the utility shall collect and retain the following data, at a minimum: (1) facility capacity; (2) DER type (technology); (3) number of pre-application reports requested and processed; (4) da…

A. A DER project that operates outside of its approved export status or operational limits may be disconnected by the utility following notification of violation and a 30-day cure period. B. An interconnection customer shall separate from the utility system in the event of any on…

This rule is adopted under the authority vested in this commission by the New Mexico Public Regulation Commission Act, Section 8-8-1 et seq. NMSA 1978, the Public Utility Act, Section 62-3-1 et seq. NMSA 1978; the Energy Transition Act, 62-18-1 et seq. NMSA 1978; the Grid Moderni…

A party may file a request for a variance from the requirements of this rule. Such application shall describe the reasons for the variance; set out the effect of complying with this rule on the parties and the utility's customers if the variance is not granted; identify the secti…

Permanent.

February 14, 2023, unless a later date is cited at the end of a section.

The purpose of this rule is to set forth common interconnection requirements and a common interconnection process based on a standard screening process for utilities and interconnection customers to expeditiously interconnect generating facilities with a rated capacity up to and …

Terms used in rule 17.9.568 NMAC shall have the following meanings: A. Definitions beginning with "A": (1) Applicant means a person or an entity that has filed an application to interconnect a generating facility to an electric power system. An applicant may include:(a) A custome…

All generating facilities that operate in parallel with the utility electric power system are required to have an interconnection review and an interconnection agreement to ensure safety, system reliability, and operational compatibility. These interconnection procedures are appl…

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 Public Regulation Commission.

A. This rule applies to every electric utility including rural electric cooperatives and investor-owned utilities operating within the state of New Mexico that is subject to the jurisdiction of the New Mexico public regulation commission. These standards and procedures apply to b…

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

Permanent.

October 15, 2008. All interconnection contracts between a utility and an interconnection customer existing at the time 17.9.569 NMAC is adopted shall automatically continue in full force and effect. Any changes made to existing interconnection contracts shall conform to the provi…