New Mexico Administrative Code

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…

New Mexico Public Regulation Commission.

A. General. (1) A qualifying facility contracting to provide power may displace its own load. The utility may require appropriate metering. Billing for any power from the utility will be at the utility's approved rate applicable to the service provided to the qualifying facility …

A. General: A utility shall pay a qualifying facility avoided costs for energy or capacity purchased from the qualifying facility. Avoided costs are defined in Subsection A of 17.9.570.7 NMAC. The energy rate represents avoided energy costs for the purposes of 17.9.570 NMAC. The …

A. Rates to be offered. Utilities are required to provide supplementary power, backup power, maintenance power, and interruptible power to qualifying facilities irrespective of whether the production and consumption functions of the qualifying facility are singly or separately ow…

A. System emergencies. (1) During any system emergency a utility may discontinue on a nondiscriminatory basis: (a) purchases from a qualifying facility if such purchases would contribute to such emergency, and (b) sales to a qualifying facility provided that such discontinuance i…

A. Relationship to other commission rules. The standards and procedures for the interconnection of qualifying facilities subject to this section (17.9.570.14 NMAC) are set forth in 17.9.568 NMAC. B. Use of a single meter. When the customer is billed under a rate structure that do…

This agreement is made as of the_____ day of _____, 20____, by and between _________ ("customer") and____________ ("utility") also referred to collectively as "parties" and singularly as "party." Customer receives electric service from utility at __________________ (location/addr…

A. 17.9.570 NMAC applies to every electric utility (investor-owned, rural electric cooperative, municipal, or an entity providing wholesale rates and service) operating within the state of New Mexico that is subject to the jurisdiction of the New Mexico public regulation commissi…

Sections 8-8-15, 62-6-4, 62-6-19, 62-6-24, and 62-8-2 NMSA 1978; 16 USCA Section 2621.

Permanent.

May 24, 2022, 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.

A. 17.9.570 NMAC is to govern the purchase of power from and sale of power to qualifying facilities by: (1) enabling the development of a market for the power produced by qualifying facilities; (2) establishing reasonable and objective criteria to determine when a legally enforce…

Terms defined in the Public Utility Regulatory Policies Act of 1978 (PURPA) shall have the same meaning for purposes of this rule as they have under PURPA, unless further defined in 18 CFR 292.101. The following definitions apply for purposes of this rule: A. Definitions beginnin…

A. If a qualifying facility elects to sell power to the utility on an as-available basis, the utility shall purchase power from the qualifying facility from the date the qualifying facility begins providing as-available power to the utility. B. If a qualifying facility elects to …

New Mexico public regulation commission.

A. If, in any given year, a distribution cooperative determines that the average annual levelized cost of renewable energy that would need to be procured or generated for purposes of compliance with the RPS would be greater than $60.00 per megawatt-hour at the point of interconne…

A. Renewable energy certificates:(1) are owned by the generator of the renewable energy unless:(a) the RECs are transferred to the purchaser of the energy through specific agreement with the generator; (b) the generator is a qualifying facility, as defined by the federal Public U…

A. A distribution cooperative may offer its retail customers a voluntary program for purchasing renewable energy under rates and terms that are approved by the commission. B. A distribution cooperative that offers its retail customers a voluntary program for purchasing renewable …

A. By April 30 of each year, a distribution cooperative shall file with the commission a report on its purchases and generation of renewable energy during the preceding calendar year. B. The report shall include:(1) an executive summary; (2) the cost of the renewable energy resou…

A. A distribution cooperative may collect from its customers a renewable energy and conservation fee of no more than one percent of a customer's bill. (1) In no event shall a distribution cooperative annually collect more than $75,000 from any single customer. (2) Money collected…

This rule applies to all cooperatives, rural electric cooperatives, distribution cooperatives, and generation and transmission cooperatives under the commission's jurisdiction.

Sections 62-15-1 to -37 NMSA 1978 of the Rural Electric Cooperative Act, and Section 62-16-8 NMSA 1978 of the Renewable Energy Act.

Permanent.

June 24, 2025, unless a later date is cited at the end of a section.

The objective of this rule is to implement the renewable energy provisions of the Rural Electric Cooperative Act, the voluntary tariff provisions of the Renewable Energy Act, and to bring significant economic development and environmental benefits to New Mexico.

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": "cooperative" means an electric utility that is organized under the Rural Electric Cooperative Act or t…

A. A distribution cooperative shall meet the RPS to include renewable energy in its electric energy supply portfolio as demonstrated by the retirement of RECs. B. No later than January 1, 2025, renewable energy shall comprise no less than forty percent of a distribution cooperati…

A. No later than January 1, 2050, a distribution cooperative shall provide New Mexico retail customers with electricity generated from one hundred percent zero carbon resources, provided that:(1) achieving the one hundred percent standard is technically feasible; (2) the distribu…

New Mexico Public Regulation Commission.

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 t…

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.

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 procu…

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 …

A. An annual Renewable Energy Act plan shall include plan year and next plan year data. The plan year shall be presented for commission approval and the next plan year shall be presented for informational purposes. B. On or before July 1 of each year, each public utility shall fi…

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 acqui…

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…

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 t…

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 approv…

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 genera…

This rule applies to all electric investor-owned public utilities under the commission's jurisdiction.

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…

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…

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…

Sections 62-13-13.1 NMSA 1978 and 62-16-1 to 62-16-10 NMSA 1978.

Permanent.