N.M. Admin. Code § 17.9.570.13 - PERIODS WHEN PURCHASES AND SALES ARE NOT REQUIRED AND GENERAL PROVISIONS
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 is on a previously established nondiscriminatory
basis.
(2) A qualifying
facility shall be required to provide power to a utility during a system
emergency only to the extent:
(a) provided by
agreement between the qualifying facility and the utility; or
(b) ordered pursuant to the provisions of the
Federal Power Act,
16
U.S.C. Section
824a(c).
B. Operational circumstances. The utility may
discontinue purchases from the qualifying facility during any period in which,
due to operational circumstances, purchases from qualifying facilities will
result in costs greater than those which the utility would incur if it did not
make such purchases but instead generated an equivalent amount of energy
itself; a claim by an electric utility that such a period has occurred or will
occur is subject to verification by the commission; the utility shall maintain
and make available sufficient documentation to aid the commission with
verification proceedings.
C.
Notification requirements. Any utility which disconnects and thereby
discontinues purchases or sales from a qualifying facility for the reasons
cited in Subsections A and B of
17.9.570.13 NMAC above shall
notify the qualifying facility or facilities prior to the system emergency or
operational circumstance if reasonably possible. If prior notice is not
reasonably possible the utility shall notify the qualifying facility by
telephone or personal contact within 48 hours following the system emergency or
operational circumstance followed by written communication if requested by the
qualifying facility. Any notification shall include the specific reason for the
system emergency or operational circumstance.
D. Penalty. Any utility which fails to comply
with the notification requirements in Subsection C of
17.9.570.13 NMAC or fails to
demonstrate the existence of a system emergency or operational circumstance
which warrants the discontinuance of purchases shall pay for the qualifying
facility's imputed or expected power at the applicable rate as if the system
emergency or operational circumstance had not occurred. The utility may also be
subject to a penalty under Section
62-12-4 NMSA 1978.
E. Wheeling of power. If the qualifying
facility agrees, an electric utility which would otherwise be obligated to
purchase power from the qualifying facility may transmit power to any other
electric utility. Any electric utility to which power is transmitted shall
purchase such power as if the qualifying facility were supplying power directly
to such electric utility. The rate for purchase by the electric utility to
which such power is transmitted shall be adjusted up or down to reflect line
losses pursuant to
18 C.F.R. Section
292.304(e)(4) and shall not
include any charges for transmission.
F. Distribution cooperatives.
(1) A distribution cooperative having a full
power requirements contract with its supplier has the option of transferring
the purchase obligation pursuant to
17.9.570.9 NMAC to its power
supplier. The qualifying facility will be paid the capacity and energy
payments, as applicable, by the supplier pursuant to
17.9.570.11 NMAC. A distribution
cooperative that does not transfer the purchase obligation to its power
supplier shall have the option to:
(a) pay
qualifying facilities the energy and capacity charges including appropriate
fuel and purchase power pass-throughs it pays to its power supplier,
or
(b) pay the qualifying facility
the energy and capacity charges which shall be determined in accordance with
Section 17.9.570.11
NMAC.
(2) The obligation
to interconnect and provide supplementary, backup, and maintenance power either
on a firm or on an interruptible basis shall remain with the distribution
cooperative.
(3) Any municipal
electric utility that does not have generating capacity but is subject to the
jurisdiction of the commission shall be considered a distribution cooperative
for the purposes of 17.9.570 NMAC.
G. Requirements to file electric utility
system data: not later than April 1 of each year each utility shall submit to
the commission a report covering the previous calendar year which shall at a
minimum provide:
(1) the name and address of
each qualifying facility with which it is interconnected, with which it has a
contract to interconnect, or with which it has concluded a wheeling
agreement;
(2) annual purchases in
kW and kWh from each qualifying facility with which it is interconnected and
the amount of electricity wheeled on behalf of each qualifying
facility;
(3) the price charged for
any power wheeled on behalf of each qualifying facility;
(4) the methodology and assumptions used in
the calculation of wheeling rates;
(5) amounts actually paid to each qualifying
facility; and
(6) a list of all
applications for interconnection which the utility has rejected or otherwise
failed to approve together with the reasons therefor.
H. Filing of tariff.
(1) Within 60 days of the adoption of this
rule, each utility shall develop and file any changes to its tariffs on file
with the commission needed to comply with the requirements set forth herein;
such changes shall comply with all tariff filing requirements of the
commission; such tariffs shall conform to the requirements of 17.1.210 NMAC,
and shall become effective 30 days after the filing thereof unless suspended by
the commission pursuant to Section
62-8-7 NMSA 1978, or unless
ordered effective at an earlier date by the commission.
(2) Within 60 days of the adoption of the
amendments to this rule, each utility shall develop and file tariffs for
metering and billing consistent with this rule for generating facilities with
rated capacities up to and including 10 kW; such tariffs shall comply with all
tariff filing requirements of the commission; such tariffs shall conform to the
requirements 17.1.210 NMAC, and shall become effective 30 days after the filing
thereof unless suspended by the commission pursuant to Section
62-8-7 NMSA 1978, or unless
ordered effective at an earlier date by the commission.
I. Complaints and investigations. The
procedures set forth in Sections
62-8-7 and
62-10-1 NMSA 1978 and the
complaint provisions of 1.2.2 NMAC shall be applicable for the resolution of
complaints and investigations arising out of the implementation and conduct of
17.9.570 NMAC.
J. Severability. If
any part of 17.9.570 NMAC or any application thereof is held invalid, the
remainder or the application thereof to other situations or persons shall not
be affected.
K. Amendment. The
adoption of 17.9.570 NMAC shall in no way preclude the commission, after notice
and hearing, from altering or amending any provision hereof or from making any
modification with respect to its application deemed necessary.
L. Exemption or variance.
(1) Any interested person may file an
application for an exemption or a variance from the requirements of 17.9.570
NMAC. Such application shall:
(a) describe the
situation which necessitates the exemption or variance;
(b) set out the effect of complying with
17.9.570 NMAC on the utility and its customers if the exemption or variance is
not granted;
(c) identify the
section(s) of 17.9.570 NMAC for which the exemption or variance is
requested;
(d) define the result
which the request will have if granted;
(e) state how the exemption or variance will
promote the achievement of the purposes of 17.9.570 NMAC; and
(f) state why no other reasonable alternative
is available.
(2) If the
commission determines that the exemption or variance is consistent with the
purposes of the rule as defined herein, the exemption or variance may be
granted. The commission may at its option require an informal conference or
formal evidentiary hearing prior to the granting of the variance.
M. Motion for stay pending
amendment, exemption, or variance. An application for an amendment, exemption,
or a variance may include a motion that the commission stay the application of
the affected portion of 17.9.570 NMAC for the transaction specified in the
motion.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.