N.M. Code R. § 17.7.2.12 - MODIFICATION OR TERMINATION OF PROGRAMS
A. Within each plan year, the utility,
commission staff, attorney general, energy, minerals and natural resources
department, or any other interested party, may petition the commission to
modify or terminate a measure or program, or to approve a new program, for good
cause by filing a motion in the same docket in which the public utility filed
its most recent application. Program modification or termination shall not
nullify any preexisting obligations of the utility, alternative energy
efficiency provider, or contractor, for performance or failure to perform.
Termination of a program or programs shall be accomplished in a manner that
allows the utility to fully recover its prudent and reasonable program
costs.
B. Within each plan year, a
utility may add or subtract measures within a program, modify customer
incentive levels, or make other adjustments to an approved program if necessary
for the overall success of the program and so long as the portfolio of programs
remains cost effective under the utility cost test.
Notes
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