TITLE 17 PUBLIC
UTILITIES AND UTILITY SERVICES
CHAPTER 9 ELECTRIC
SERVICES
PART 572 RENEWABLE
ENERGY FOR ELECTRIC UTILITIES
17.9.572.1 ISSUING
AGENCY: New Mexico Public Regulation Commission.
[17.9.572.1 NMAC -
Rp. 17.9.572.1 NMAC, 8-30-07]
17.9.572.2 SCOPE:
A. All electric
public utilities are subject to 17.9.572.1 through 17.9.572.19 NMAC.
B. Rural electric
distribution cooperatives are subject to 17.9.572.1 through 17.9.572.6, 17.9.572.13,
17.9.572.20 and 17.9.572.21 NMAC.
[17.9.572.2 NMAC -
Rp, 17.9.572.1 NMAC, 8-30-07]
17.9.572.3 STATUTORY
AUTHORITY: NMSA 1978 Sections 62-16-7 and 62-16-9.
[17.9.572.3 NMAC -
Rp, 17.9.572.3 NMAC, 8-30-07]
17.9.572.4 DURATION:
Permanent.
[17.9.572.4 NMAC -
Rp, 17.9.572.4 NMAC, 8-30-07]
17.9.572.5 EFFECTIVE
DATE: August 30, 2007, unless a later date is cited
at the end of a section.
[17.9.572.5 NMAC -
Rp, 17.9.572.5 NMAC, 8-30-07]
17.9.572.6 OBJECTIVE: The
purpose of this rule is to implement the Renewable Energy Act, NMSA 1978
Section 62-16-1, et seq., and to bring significant economic development and
environmental benefits to New Mexico.
[17.9.572.6 NMAC -
Rp, 17.9.572.6 NMAC, 8-30-07]
17.9.572.7 DEFINITIONS:
Unless otherwise specified, as used in this rule:
A. procure means to
generate or purchase renewable energy and/or renewable energy certificates or
to commit to generate or purchase renewable energy and/or renewable energy
certificates;
B. public utility
means an entity certified by the commission to provide retail electric service
in New Mexico pursuant to the Public Utility Act but does not include rural
electric cooperatives;
C. reasonable cost
threshold means the cost established by the commission above which a public
utility shall not be required to add renewable energy to its electric energy
supply portfolio pursuant to the renewable portfolio standard;
D. renewable energy
means electrical energy generated by means of a low or zero emissions
generation technology with substantial long-term production potential and generated by use of renewable energy
resources that may include solar, wind, hydropower resources brought into
service after July 1, 2007, geothermal, fuel cells that are not fossil fueled
and biomass resources; biomass resources are fuels, such as agriculture or
animal waste, small diameter timber, salt cedar and other phreatophyte or woody
vegetation removed from river basins or watersheds in New Mexico, landfill gas
and anaerobically digested waste biomass; renewable energy does not include
fossil fuel or nuclear energy;
E. renewable energy
certificate means a document evidencing that the enumerated renewable
energy kilowatt-hours have been generated from a renewable energy generating
facility, and shall represent all of the environmental attributes associated
with the generation of renewable energy;
F. renewable portfolio
standard means the percentage of retail sales by a public utility to
electric consumers in New Mexico that is required to be supplied by renewable
energy;
G. fully diversified
renewable energy portfolio is one in which no less than twenty percent of
the renewable portfolio standard requirement is met using wind energy, no less
than twenty percent is met using solar energy, no less than ten percent is met
using one or more of the other renewable energy technologies, as defined by
this section, and no less than the following percentages are met through
distributed generation:
(1) no less than one and
one-half percent for calendar years 2011 through 2014; and
(2) no less than three
percent beginning in calendar year 2015;
H. emissions means
all emissions regulated by state or federal authorities, including but not
limited to all criteria pollutants and hazardous air pollutants, plus mercury
and carbon dioxide (CO2);
I. distributed
generation means electric generation sited at a customer’s premises,
providing electric energy to the customer load at that site and/or providing
electric energy to a public utility or a rural electric distribution
cooperative for use by multiple customers in one or more contiguous
distribution substation service areas.
[17.9.572.7 NMAC -
Rp, 17.9.572.7 NMAC, 8-30-07]
17.9.572.8 LIBERAL
CONSTRUCTION: This rule shall be liberally construed to
carry out its intended purposes. If any
provision of this rule, or the application thereof to any person or
circumstance, is held invalid, the remainder of the rule, or the application of
such provision to other persons or circumstances, shall not be affected
thereby.
[17.9.572.8 NMAC -
Rp, 17.9.572.8 NMAC, 8-30-07]
17.9.572.9 RELATIONSHIP
TO OTHER COMMISSION RULES: Unless otherwise specified, this rule does
not supersede any other rule of the commission but supplements rules applying
to public utilities.
[17.9.572.9 NMAC -
Rp, 17.9.572.9 NMAC, 8-30-07]
17.9.572.10 RENEWABLE
PORTFOLIO STANDARD:
A. Each public
utility must develop a reasonable cost renewable energy portfolio. In developing its renewable energy portfolio,
a public utility shall take into consideration the potential for environmental
and economic benefits to New Mexico.
Renewable energy resources that are in a public utility’s electric
energy supply portfolio on July 1, 2004 shall be counted in determining
compliance with this rule. However,
renewable energy sold to customers through a premium-priced renewable energy
tariff shall not be counted in determining compliance with this rule. Other factors being equal, preference shall
be given to renewable energy generated in New Mexico.
B. The renewable
portfolio standard shall be no less than five percent (5%) of annual retail
jurisdictional energy sales for calendar year 2006 and six percent (6%) for
calendar years 2007 through 2010, except as modified by Subsection C of this
section. The renewable portfolio
standard shall be no less than ten percent (10%) for calendar years 2011
through 2014. The renewable portfolio
standard shall be no less than fifteen percent (15%) for calendar years 2015
through 2019. The renewable portfolio
standard shall be no less than twenty percent (20%) for calendar year 2020 and
subsequent years.
C. The renewable
portfolio standard will be reduced, as necessary, to limit the kilowatt-hours
of renewable energy procured by a public utility for nongovernmental customers
at a single location or facility, regardless of the number of meters, with
consumption exceeding ten million kilowatt-hours per year. A public utility shall limit the amount of
its renewable portfolio standard so that the additional cost of the standard,
inclusive of all interconnection and transmission costs, to each customer on
and after January 1, 2006, does not exceed the lower of one percent of that
customer’s annual electric charges or forty-nine thousand dollars
($49,000). This procurement limit will
increase by one-fifth percent or ten thousand dollars ($10,000) per year until
January 1, 2011, when the procurement limit will remain fixed at the lower of
two percent of that customer’s annual electric charges or ninety-nine thousand
dollars ($99,000). After January 1,
2012, the ninety-nine thousand dollar ($99,000) limit is adjusted for inflation
by the amount of the cumulative increase change in the consumer price index, urban (CPI-U) published by the bureau of
labor statistics between January 1, 2011 and January 1 of the procurement plan
year.
D. In determining
the amount of the reduction specified in Subsection C of this section, a public
utility shall assume that electric rates in effect on the day of the
procurement plan filing will be in effect for the year during which the
procurement reduction will apply. A
public utility with a fuel and purchased power cost adjustment clause (FPPCAC)
shall also assume that FPPCAC charges to the customer during the year
immediately preceding its procurement plan filing will be in effect, in
identical amounts, during the year for which the procurement reduction will
apply.
E. A public
utility that, as of July 1, 2004, has an all-requirements contract which would
not reasonably permit it to procure renewable energy for purposes of meeting
the renewable portfolio standard, may apply to be exempted from the renewable
portfolio standard until the earlier of the date of their next contract forward
or the first date on which the all-requirements contract is amended or
renegotiated, at which time such public utility shall be subject to the
renewable portfolio standard. A public
utility seeking such exemption shall file with the commission a petition for
exemption no later than January 31, 2005.
The petition shall include a copy of the public utility’s all-requirements
contract as well as testimony and exhibits demonstrating that the public
utility is unable, with due diligence, to procure renewable resources needed to
meet the renewable portfolio standard.
The public utility shall serve a copy of the petition on staff, the
attorney general, and all parties to the public utility’s last general rate
case.
[17.9.572.10 NMAC -
Rp, 17.9.572.10 NMAC, 8-30-07]
17.9.572.11 REASONABLE
COST THRESHOLD:
A. A public utility
shall not be required to add renewable energy to its electric energy supply
portfolio, pursuant to the renewable portfolio standard, above the reasonable
cost threshold established by the commission.
B. The reasonable
cost threshold for 2006 is one percent of all customers’ aggregated overall
annual electric charges, increasing by one-fifth percent per year until January
1, 2011, at which time it will be two percent.
The reasonable cost threshold shall then be increased by 0.25 percent
per year until January 1, 2015, at which time it will be three percent. As changing circumstances warrant, and after
notice and hearing, the commission may prospectively modify the reasonable cost
threshold applicable to new contracts, but not the threshold applicable to
existing contracts which have been previously approved by the commission as
part of a procurement plan to meet a public utility’s renewable portfolio
standard. In modifying the reasonable
cost threshold, the commission will take into account:
(1) the price of
renewable energy at the point of sale to the public utility;
(2) transmission and
interconnection costs required for the delivery of renewable energy to retail
customers;
(3) the impact of the
cost for renewable energy on retail customer rates;
(4) overall diversity,
reliability, availability, dispatch flexibility, cost per kilowatt-hour and
life cycle cost on a net present value basis of renewable energy resources
available from suppliers; and
(5) other factors, including public benefits,
the commission deems relevant.
C. In any given
year, if the cost to procure renewable energy is greater than the reasonable
cost threshold, a public utility will not be required to incur that cost or to
procure that resource, provided that the condition excusing performance under
the renewable portfolio standard in any given year will not operate to delay
the annual increases in the renewable portfolio standard in subsequent years. A public utility that believes its
procurement will exceed the reasonable cost threshold shall file with the
commission a request for waiver of the renewable portfolio standard for the
applicable calendar year. The request
shall explain in detail why the public utility cannot procure resources at a
cost less than the reasonable cost threshold and shall include an explanation
and evidence of all efforts the public utility undertook to procure resources
at a cost within the reasonable cost threshold.
Waiver requests shall be deemed granted if not acted upon within sixty
(60) days.
[17.9.572.11 NMAC -
Rp, 17.9.572.11 NMAC, 8-30-07; A, 6-30-08]
17.9.572.12 COST
RECOVERY FOR RENEWABLE ENERGY: A public utility shall recover the reasonable
costs of complying with the renewable portfolio standard through the rate
making process. A public utility shall
also recover its reasonable interconnection and transmission costs to deliver
renewable energy to retail New Mexico customers. Costs that are consistent with
commission-approved procurement plans or transitional procurement plans are
deemed to be reasonable. A public
utility that is permitted to defer the recovery of renewable energy costs
pursuant to commission order may, through the ratemaking process, recover from
customers that are not subject to the rate impact limitations of Subsection C
of 17.9.572.10 NMAC the cumulative sum of those deferred amounts, plus a
carrying charge on those amounts. For
customers that are subject to the rate impact limitations of Subsection C of 17.9.572.10
NMAC, a public utility may, through the ratemaking process, recover from those
customers the cumulative sum of those Subsection C of 17.9.572.10 NMAC limited
deferred amounts, plus carrying charges on those amounts.
[17.9.572.12 NMAC -
Rp, 17.9.572.12 NMAC, 8-30-07]
17.9.572.13 RENEWABLE
ENERGY CERTIFICATES:
A. Each public
utility shall annually establish its compliance with the renewable portfolio
standard through the filing of an annual report, as provided in 17.9.572.17
NMAC, documenting the retirement of renewable energy certificates. Effective for services provided on and after
January 1, 2015, each rural electric distribution cooperative shall annually
establish its compliance with the renewable portfolio standard through the
filing of an annual report, as provided in 17.9.572.21 NMAC, documenting the
retirement of renewable energy certificates.
B. Renewable energy
certificates shall contain the following information:
(1) the name and contact
information of the renewable energy generating facility owner and/or operator;
(2) the name and contact
information of the public utility or rural electric distribution cooperative
purchasing the renewable energy certificate;
(3) the type of generator
technology and fuel type;
(4) the generating
facility’s physical location, nameplate capacity in MW, location and ID number
of revenue meter, and date of commencement of commercial generation;
(5) the public utility or rural electric
distribution cooperative to which the generating facility is interconnected;
(6) the control area
operator for the generating facility; and
(7) the quantity in kWh
and the date of the renewable energy certificate creation.
C. Renewable energy
certificates:
(1) are owned by the
generator of the renewable energy unless:
(a)
the renewable energy certificates 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
Utility Regulatory Policies Act of 1978, in which case the renewable energy
certificates are owned by the public utility or rural electric distribution
cooperative, purchaser of the renewable energy unless retained by the generator
through specific agreement with the public utility or rural electric distribution
cooperative purchaser of the energy; or
(c)
a contract for the purchase of renewable energy is in effect prior to
January 1, 2004, in which case the purchaser of the energy owns the renewable
energy certificates for the term of such contract;
(2) may be traded, sold
or otherwise transferred by their owner to any other party; such transfers and
use of the certificate by a public utility or rural electric distribution
cooperative for compliance with the renewable energy portfolio standard do not
require physical delivery of the electric energy represented by the certificate
to a public utility or rural electric distribution cooperative, so long as the
electric energy represented by the certificate was contracted for delivery in
New Mexico, or consumed or generated by an end-use customer of the public
utility or rural electric distribution cooperative in New Mexico, unless the
commission determines that there is an active regional market for trading
renewable energy and renewable energy certificates in any region in which the
public utility or rural electric distribution cooperative is located;
(3) that are used once by
a public utility or rural electric distribution cooperative to satisfy the
renewable portfolio standard and are retired, or that are traded, sold or
otherwise transferred by the public utility or rural electric distribution
cooperative shall not be further used by the public utility or rural electric
distribution cooperative; and
(4) that are not used by
a public utility or rural electric distribution cooperative to satisfy the
renewable portfolio standard and that are not traded, sold or otherwise
transferred by the public utility or rural electric distribution cooperative
may be carried forward for up to four (4) years from the date of creation and,
if not used by that time, shall be retired by the public utility or rural
electric distribution cooperative.
D. Public utilities
and rural electric distribution cooperatives are responsible for demonstrating
that a renewable energy certificate used for compliance with the renewable
portfolio standard is derived from eligible renewable energy resources and has
not been retired, traded, sold or otherwise transferred to another party. Public utilities and rural electric
distribution cooperatives shall maintain records sufficient to meet the
demonstration requirement of this subsection.
E. The
acquisition, sale or transfer, and retirement of any renewable energy
certificates used to meet renewable portfolio standards on or after January 1,
2008 shall be registered with the western renewable energy generation
information system (WREGIS) or its direct successor(s), except as provided in
Subsection (F) of this section.
Certificates whose retirement has been registered by the public utility
or rural electric distribution cooperative with WREGIS shall be deemed to meet
the requirements of Subsection (D) of this section.
F. Renewable
energy certificates representing electricity delivered to New Mexico, but
generated in a jurisdiction that requires certificates to be registered with a
tracking system other than WREGIS, may be used to meet renewable portfolio
standards so long as WREGIS lacks the capability to import certificates from
that other tracking system.
G. The requirement
for registration and trading of renewable energy certificates through WREGIS
shall not constitute a finding by the commission that a regional renewable
energy market is generally available.
H. Until such time
as the commission has determined that there is a regional market for exchanging
renewable energy and renewable energy certificates that is generally available
for all public utilities and rural electric distribution cooperatives in the
state, any public utility or rural electric distribution cooperative may seek
approval from the commission to meet some or all of its renewable portfolio
standard using individual renewable energy certificates that represent energy
generated by a renewable energy resource within a regional renewable energy
market or trading system in any region where the public utility or rural
electric cooperative is located.
[17.9.572.13 NMAC -
Rp, 17.9.572.13 NMAC, 8-30-07]
17.9.572.14 DIVERSIFICATION
REQUIREMENTS FOR PORTFOLIOS: Each public utility must meet its renewable
portfolio standard requirements using a diversified portfolio of resources,
taking into consideration the overall reliability, availability, dispatch
flexibility and cost of the various renewable resources as follows:
A. Except as
provided in this section, public utility procurement plans shall be designed to
achieve a fully diversified renewable energy portfolio no later than January 1,
2011.
B. Public utilities
shall not be required to provide a fully diversified renewable portfolio when
doing so would conflict with reasonable cost thresholds established by the
commission or when full diversification is prevented by technical constraints
or limitations. For the purposes of
this section, technical constraints or limitations include, but are not limited
to, transmission constraints, limitations on system integration, limited
availability of particular renewable resources, and limitations on system
reliability, but shall not include constraints or limitations that the public
utility is capable of overcoming at reasonable cost or effort. Notwithstanding the provisions of this
Subsection B excusing the failure by a public utility to meet the requirement
to provide a fully diversified renewable energy portfolio, each public utility
must meet its overall renewable portfolio standard.
C. In any year for
which a public utility’s annual renewable energy procurement plan does not
provide for a fully diversified portfolio, the public utility shall describe
its plan for achieving a fully diversified portfolio in a timely manner.
D. Renewable energy
certificates used to meet the distributed generation diversity requirement may
not also be used to meet a resource-specific diversity requirement.
[17.9.572.14 NMAC -
Rp, 17.9.572.14 NMAC, 8-30-07]
17.9.572.15 VOLUNTARY
RENEWABLE TARIFFS:
A. Each public
utility shall offer a voluntary renewable energy tariff for those customers who
want the option to purchase additional renewable energy.
B. The voluntary
renewable tariff may also include provisions to enable consumers to purchase
renewable energy within certain energy blocks and by source of renewable
energy. Additionally, each public
utility must develop an educational program on the benefits and availability of
its voluntary renewable energy program.
The tariff, along with the details of the consumer education program,
shall be on file with the commission.
[17.9.572.15 NMAC -
Rp, 17.9.572.15 NMAC, 8-30-07]
17.9.572.16 ANNUAL
RENEWABLE ENERGY PORTFOLIO PROCUREMENT PLAN:
A. On September 1,
2007, July 1, 2008 and July 1 of each year thereafter, each public utility must
file with the commission an annual portfolio procurement plan. The portfolio procurement plan is to include:
(1) the cost of
procurement in the next calendar year for any new renewable energy resource
required to comply with the renewable portfolio standard;
(2) the amount of
renewable energy the public utility plans to provide in the calendar year
commencing sixteen (16) months later, to satisfy the percentages specified in
this rule, less any reductions authorized
by this rule or by law;
(3) an explanation and
exhibits demonstrating how the amount specified in Paragraph (2) of this
subsection was determined;
(4) the reductions, if
any, to the renewable portfolio standard for procurements for nongovernmental
customers with consumption exceeding ten (10) million kilowatt hours per year
and/or due to the reasonable cost threshold, including an explanation and
exhibits demonstrating how the reduction was determined;
(5) testimony and
exhibits that demonstrate that the proposed procurement is reasonable as to its
terms and conditions considering price, costs of interconnection and
transmission, availability, dispatchability, renewable energy certificate
values and portfolio diversification requirements; or
(6) demonstration that
the plan is otherwise in the public interest.
B. A public utility
may file a transitional procurement plan requesting that the commission
determine that the costs of renewable energy resources that the public utility
has committed to or may commit to, prior to the establishment of a reasonable
cost threshold, are reasonable and recoverable.
A transitional procurement plan is subject to the same filing
requirements as an annual portfolio procurement plan.
C. A public utility
shall serve notice and a copy of its annual portfolio procurement plan filing
by first class mail on renewable resource providers requesting such notice from
the commission, the New Mexico attorney general, and the intervenors in the
public utility’s most recent rate case.
A public utility shall also post on its website the most recent and the
pending renewable energy portfolio procurement plans.
[17.9.572.16 NMAC -
Rp, 17.9.572.16 NMAC, 8-30-07]
17.9.572.17 ANNUAL
RENEWABLE ENERGY PORTFOLIO REPORT: On September 1, 2007, July 1,
2008 and July 1 of each year thereafter, each public utility must file with the
commission a report on its renewable energy generation or purchases of
renewable energy during the prior calendar year. This report shall:
A. itemize all
renewable energy generation and/or renewable energy certificate purchases and
sales;
B. list, and
include copies of, all renewable energy certificates, including acquired,
issued or retired certificates;
C. state, for each
purchase or sale of a renewable energy certificate, including those to be applied
in future years:
(1) the seller's name,
address, telephone number, and electronic mail address;
(2) the purchaser's name,
address, telephone number, and electronic mail address;
(3) the dates and terms
of each transaction involving renewable energy certificates;
(4) the quantity of
renewable energy certificates purchased or sold;
(5) the purchase price;
(6) the type of renewable
energy resource used to generate the renewable energy and its valuation
pursuant to 17.9.572.14 NMAC; and
(7) other data useful to
the commission in evaluating the public utility's efforts to acquire renewable
energy in accordance with its portfolio procurement plan; if the acquired
renewable energy was not acquired in accordance with a public utility’s
portfolio procurement plan, the public utility must demonstrate that the
renewable energy was acquired at the lowest reasonable price consistent with
reliability, availability, and portfolio requirements, including renewable
resource diversity; and
D. describe and
quantify the implementation of the voluntary renewable tariff requirements in 17.9.57215
NMAC.
[17.9.572.17 NMAC -
Rp, 17.9.572.17 NMAC, 8-30-07]
17.9.572.18 REVIEW
BY COMMISSION: The commission shall approve or modify annual
portfolio procurement plans and transitional procurement plans within ninety
(90) days and may approve such plans without a hearing, unless a protest is
filed that demonstrates to the commission’s reasonable satisfaction that a
hearing is necessary. The commission may
modify a plan after notice and hearing, and may, for good cause, extend the
time to approve a procurement plan for an additional ninety (90) days. If the commission has not acted within the
ninety -day period, a procurement plan or transitional plan is deemed
approved. The commission may reject a
procurement plan or transitional plan if the commission finds that the plan
does not contain the required information; upon such rejection the public
utility’s obligation to procure additional resources will be suspended for the
time necessary to file a revised plan.
In such instances, the total amount of renewable energy to be procured
by the public utility will not change.
[17.9.572.18 NMAC -
Rp, 17.9.572.18 NMAC, 8-30-07]
17.9.572.19 EXEMPTION
AND VARIANCE: Any interested person may file an application
for an exemption or a variance from the requirements of this rule. Such application shall:
A. identify the
section of this rule for which the exemption or variance is requested;
B. describe the
situation that necessitates the exemption or variance;
C. set out the
effect of complying with this rule on the public utility and its customers if
the exemption or variance is not granted;
D. define the
result the request will have if granted;
E. state how the
exemption or variance will be consistent with the purposes of this rule;
F. state why no
other reasonable alternative is preferable; and
G. state why the
proposed alternative is in the public interest.
[17.9.572.19 NMAC -
Rp, 17.9.572.19 NMAC, 8-30-07]
17.9.572.20 RURAL
ELECTRIC DISTRIBUTION COOPERATIVES VOLUNTARY RENEWABLE TARIFFS: Rural
electric distribution cooperatives must offer their retail customers a
voluntary renewable energy tariff to the extent that their suppliers under
their all-requirements contracts make such renewable resources available. Rural electric distribution cooperatives must
report to the commission by April 30 of each year concerning the availability
to them of renewable energy and the annual demand for renewable energy pursuant
to their voluntary tariff.
[17.9.572.20 NMAC -
Rp, 17.9.572.20 NMAC, 8-30-07]
17.9.572.21 RURAL
ELECTRIC DISTRIBUTION COOPERATIVES RENEWABLE PORTFOLIO STANDARD: Each
rural electric distribution cooperative organized under the Rural Electric
Cooperative Act shall meet a renewable portfolio standard as follows:
A. “renewable
energy,” “renewable energy certificate” shall have the same definitions as
provided in Subsections D and E of 17.9.572.7 NMAC.
B. no later than
January 1, 2015, renewable energy shall comprise no less than five percent of
each distribution cooperative's total retail sales to New Mexico customers; the
renewable portfolio standard shall increase by one percent per year thereafter
until January 1, 2020, at which time the renewable portfolio standard shall be
ten percent.
C. the renewable
portfolio standard of each distribution cooperative shall be diversified as to
the type of renewable energy resource, taking into consideration the overall
reliability, availability, dispatch flexibility and the cost of the various
renewable energy resources made available to the distribution cooperative by
its suppliers of electric power;
D. renewable energy
resources that are in a distribution cooperative's energy supply portfolio on
January 1, 2008 shall be counted in determining compliance with this rule;
E. if a
distribution cooperative determines that, in any given year, the cost of
renewable energy that would need to be procured or generated for purposes of
compliance with the renewable portfolio standard would be greater than the
reasonable cost threshold, the distribution cooperative shall not be required
to incur that cost; provided that the existence of this condition excusing
performance in any given year shall not operate to delay any renewable
portfolio standard in subsequent years; for purposes of the Rural Electric
Cooperative Act, "reasonable cost threshold" means an amount that
shall be no greater than one percent of the distribution cooperative's gross
receipts from business;
F. by March 1 of
each year, a distribution cooperative shall file with the public regulation
commission a report on its purchases and generation of renewable energy during
the preceding calendar year; the report shall include the cost of the renewable
energy resources purchased and generated by the distribution cooperative to
meet the renewable portfolio standard; the report shall provide the information
required below:
(1) a summary of the
distribution cooperative's purchases and generation of renewable energy and
purchases of renewable energy certificates that occurred during the preceding
calendar year;
(2) the total amount of
monies collected by the distribution cooperative from its customers during the
preceding calendar year through the assessment of a renewable energy and
conservation fee and the balance of funds in the distribution cooperative's
renewable energy and conservation fund, as of January 1 and December 31 of the
preceding calendar year;
(3) the amount of monies
withheld by the distribution cooperative from the inspection and supervision
fees due to the state that were placed in the renewable energy and conservation
fund as a partial match of the renewable energy and conservation fees collected
during the preceding calendar year;
(4) the amount of monies
received by the distribution cooperative from any third party that were placed
in the renewable energy and conservation fund;
(5) whether and to what
extent the distribution cooperative will assess its customers for a renewable
energy and conservation fee in the succeeding calendar year; and,
(6) a summary of each
renewable energy project, energy efficiency or load management program upon
which monies from the renewable energy and conservation fund were expended
during the preceding calendar year, which includes:
(a)
a description of the anticipated benefits to the distribution
cooperative's members from each project or program;
(b)
the amount of monies spent on each project or program; and,
(c)
the current status of each project or program;
G. A distribution
cooperative shall report to its membership a summary of its purchases and
generation of renewable energy during the preceding calendar year.
[17.9.572.21 NMAC -
N, 8-30-07]
HISTORY OF 17.9.572 NMAC:
Pre-NMAC History: None.
History of Repealed Material:
17 NMAC 10.572,
Renewable Energy Development Program (filed 11-30-98) repealed 7-1-03.
17.9.572 NMAC,
Renewable Energy as a Source of Electricity (filed 6-16-03) repealed 1-14-05.
17.9.572 NMAC,
Renewable Energy For Electric Utilities (filed 12-29-04) repealed 8-30-07.
Other History:
17 NMAC 10.572,
Renewable Energy Development Program (filed 11-30-98) replaced by 17.9.572 NMAC,
Renewable Energy as a Source of Electricity, effective 7-1-03, 17.9.572 NMAC,
Renewable Energy as a Source of Electricity (filed 6-16-03) replaced by 17.9.572,
Renewable Energy for Electric Utilities, effective 1-14-05. 17.9.572 NMAC, Renewable Energy for Electric
Utilities (filed 12-29-04) replaced by 17.9.572 NMAC, Renewable Energy For
Electric Utilities, effective 8-30-07.