New Mexico Administrative Code
Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES
Chapter 7 - ENERGY CONSERVATION
Part 2 - ENERGY EFFICIENCY
Section 17.7.2.10 - SELF-DIRECTED PROGRAM CREDITS FOR LARGE CUSTOMERS
Current through Register Vol. 35, No. 18, September 24, 2024
The following criteria apply to large customer utility credits for self-directed programs.
A. The expenditures made by the large customer at its facilities shall be cost-effective according to the utility cost test.
B. Projects that have received rebates, financial or other program support from a utility are not eligible for a credit.
C. Eligible expenditures must have a simple payback period of more than one year but less than seven years.
D. Large customers shall seek and receive approval for credits from the utility or a commission-approved self-direct administrator.
E. Large customers applying for an investor-owned electric utility bill credit must meet the electricity consumption size criteria set forth in Subsection G of Section 62-17-4 NMSA 1978 and the utility cost test.
F. Large customers applying for gas utility bill credit must meet the gas consumption criteria as set forth in Subsection G of Section 62-17-4 NMSA 1978 and the utility cost test.
G. Large customers seeking a credit shall provide, to the public utility or the commission-approved self-direct program administrator, access to all relevant engineering studies and documentation needed to verify energy savings of the project, and allow access to its site for reasonable inspections, at reasonable times. All records relevant to a self-direct program shall be maintained by the large customer for the duration of that program, which shall be evaluated in accordance with 17.7.2.15 NMAC, subject to appropriate protections for confidentiality.
H. The utility shall designate a qualified representative to review, approve, or disapprove large customer requests for credits.
I. The commission may appoint a "commission-approved" self-direct program administrator to review, approve, or disapprove large customer requests for credits.
J. Approvals or disapprovals by the utility representative or administrator shall be subject to commission review. Within 30 business days of the action, the utility representative or administrator shall file and serve notice of each self-direct program review, approval, or disapproval with the commission, and on all interested parties. Notice of an appeal of a utility or administrator approval or disapproval of a large customer credit request shall be filed with the commission within 30 calendar days of the approval or disapproval action by Staff, the large customer or any interested party.
K. Once approved, the credit may be used to offset up to seventy percent of the tariff rider authorized by the Efficient Use of Energy Act, until said credit is exhausted.
L. Any credit not fully utilized in the year it is received shall carry over to subsequent years.
M. Implementation of credits shall be designed to minimize utility administrative costs.
N. Self-direct program participants, or large customers seeking exemption, shall submit qualified in-house or contracted engineering studies, and such other information as may be reasonably required by the utility or program administrator, to demonstrate qualification for self-direct program credits.
O. Large customers must respond to reasonable utility or administrator information requests and allow the utility or an administrator to perform necessary site visits.
P. The utility or administrator shall act in a timely manner on requests for self-direct program approval.
Q. For investor-owned electric utilities, the equivalent amount of energy savings associated with a large customer's self-directed program will be accounted for in calculating its compliance with minimum required energy savings.
R. Large customer expenditures incurred to produce electric energy savings or electric demand savings are only eligible for an electric utility bill credit. Large customer expenditures incurred to produce natural gas energy savings or natural gas demand savings are only eligible for a gas utility bill credit. Large customer expenditures incurred to produce both electric and natural gas energy savings, both electric and natural gas demand savings, or any combination of energy savings and demand savings for both electric and natural gas are eligible for both an electricity bill credit and a gas utility bill credit, provided that the same energy efficiency expenditures or load management expenditures cannot be accounted for twice.
S. Upon written request by the large customer, the information provided by that customer to the utility or program administrator, program evaluator, or others, shall remain confidential, except as otherwise ordered by the commission.
