New Mexico Administrative Code
Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES
Chapter 10 - GAS SERVICES
Part 660 - NATURAL GAS TRANSPORTATION
Section 17.10.660.7 - DEFINITIONS
Current through Register Vol. 35, No. 18, September 24, 2024
When used in the Natural Gas Transportation Rule unless otherwise specified the following definitions will apply.
A. "Affiliate," unless otherwise defined in NMSA 1978, Section 62-3-3(A), or a successor statute means: a person that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, a public utility. Control includes instances where a person is an officer, director, partner, trustee or person of similar status or function, or who owns directly or indirectly, or has a beneficial interest in, ten percent or more of any class of securities of a person.
B. "Available Capacity" means the ability of the utility to provide Transportation of natural gas through its existing pipeline and facilities in excess of that required to serve its Current Sales and Transportation Customers. This shall be determined pursuant to NMPUC Rule 660.6 [Subsection B of 17.10.660.10 NMAC].
C. "Broker" means any person engaged in brokering.
D. "Brokering" means the activity of arranging for the purchase and/or sale of natural gas without taking title for delivery within the State of New Mexico under the Public Utility Act as a commodity separate from Transportation which Transportation is subject to the Natural Gas Transportation Rule.
E. "Capacity" means the total maximum volume of natural gas that can flow through a facility over a given period of time.
F. "Capacity Allocation" means the process of assigning Capacity among Transportation Customers and the utility as described in the utility's Commission-authorized rules and tariffs.
G. "Commission" means the New Mexico Public Utility Commission [New Mexico Public Regulation Commission].
H. "Current ... Customer" of a utility means a person who at the specified point in time is a customer or had paid a fee to the utility in preparation for becoming a customer.
I. "Curtailment" means the failure of natural gas to reach the end-user at the burner tip due to a shortage of gas supply. An allocation of Capacity that limits a Transportation Customer's throughput is not a Curtailment.
J. "End-user" means any person that consumes natural gas in New Mexico who uses the Transporting Utility's facilities to obtain the gas for consumption and who, at its current location, is, was, or could become a Sales Customer of the utility.
K. "Firm Transportation Service" means service offered to customers (regardless of class of service) under schedules or contracts which anticipate no Interruptions except as provided in Section 660.9(a) [Paragraph 1 of Subsection E of 17.10.660.10 NMAC].
L. "Interruptible Transportation Service" means low priority service offered to customers under schedules or contracts which anticipate and permit reduction or cessation of service on short notice, by reason of the claim of firm Transportation Customers and higher priority end-users.
M. "Interruption" means the failure of natural gas to reach the end-user at the burner tip due to conditions with the utility's transmission, processing, distribution, storage, or gathering system when such conditions are not caused by failure of gas supply. An allocation of Capacity that limits a Transportation Customer's throughput is not an Interruption.
N. "Marketer" means any person engaged in Marketing.
O. "Marketing" means the activity of buying or selling natural gas for delivery within the State of New Mexico under the Public Utility Act as a commodity separate from Transportation which Transportation is subject to the Natural Gas Transportation Rule. This does not include a utility conducting its own local distribution company sales functions.
P. "Off-peak Period" means all days other than the Peak Period.
Q. "Peak Period," for purposes of determining Available Capacity, means the twenty-four (24) hour period during the past twelve (12) months of greatest total gas throughput. For ratemaking purposes the peak period shall be determined on a utility-by-utility basis.
R. "Pipeline Quality" means natural gas which conforms with industry standards and otherwise meets any other reasonable quality standard filed with the Commission under NMPUC Rule 660.6(f) [Paragraph 5 of Subsection B of 17.10.660.10 NMAC] by the Transporting Utility for the system in which the Transportation is being provided.
S. "Processing" means the removal of any undesired impurities or natural gas liquids at a natural gas processing facility in order to produce Pipeline Quality gas.
T. "Public Utility" or "Utility" means every person subject to the Commission's jurisdiction under NMSA 1978, Section 62-3-3(G)(2) or a successor statute.
U. "Purchaser" means any person, as defined in NMSA 1978 Section 62-3-3(E), or a successor statute, or a municipality who has taken title to natural gas (or otherwise has legal authority to purchase the natural gas from a Seller) which natural gas is destined for ultimate end-use in New Mexico or is produced in New Mexico.
V. "Released Gas" means a quantity of gas that has been released from its purchase contract obligations either temporarily or permanently.
W. "Sales Customer" means a New Mexico customer of a utility who purchases both natural gas and Transportation as a bundled service from the utility.
X. "Seller" means any person, as defined in NMSA 1978 Section 62-3-3(E), or a successor statute, or a municipality which conveys title to natural gas (or otherwise has the legal authority to sell the natural gas to a Purchaser) which natural gas is destined for ultimate end-use in New Mexico or is produced in New Mexico.
Y. "System Emergency" means an unplanned situation in which a utility's system or a segment of its system is in imminent danger of failure and implementation of normal curtailment or interruption procedures would not rectify the condition.
Z. "Transportation" is the provision of contract carriage apart from the procurement of natural gas and includes exchange, fronthaul, backhaul, displacement or any other means of transporting natural gas including gathering, processing or storage.
AA. "Transportation Customer" means a Seller or Purchaser of natural gas, or a broker or marketer for such Seller or Purchaser who contracts for Transportation services for that natural gas from a utility.
BB. "Transporting Utility" means the utility which provides, or is being asked to provide, Transportation of natural gas for a Transportation Customer.
CC. "Variable Cost" means the cost that varies in the short run with the amount of natural gas transported through the Transportation facilities.