New Mexico Administrative Code
Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES
Chapter 7 - ENERGY CONSERVATION
Part 3 - INTEGRATED RESOURCE PLANS FOR ELECTRIC UTILITIES
Section 17.7.3.17 - VARIANCES AND AMENDMENTS
Universal Citation: 17 NM Admin Code 17.7.3.17
Current through Register Vol. 35, No. 18, September 24, 2024
A. A utility may file a request for a variance from the requirements of this rule.
B. Such application shall:
(1) describe the situation which necessitates
the variance;
(2) set out the
effect of complying with this rule on the utility and its customers if the
variance is not granted;
(3)
identify the section(s) of this rule for which the variance is
requested;
(4) describe the
expected result which the request shall have if granted; and
(5) state how the variance shall aid in
achieving the purposes of this rule.
C. The commission may grant a request for a procedural variance through an order issued by the chair, a commissioner, or a designated hearing examiner.
D. The following types of procurements that deviate from the utility's commission-accepted action plan shall be submitted to the commission as an application for a variance pursuant to 17.7.3.17 NMAC:
(1) capacity or energy from
newly-constructed, utility-owned, supply-side resources with a nameplate rating
of 20 megawatts or less;
(2)
improvements or modifications to existing utility generation facilities that
change the production capability of the generation facility site in question by
20 megawatts or less based on the utility's share of the total power generation
at the facility site and that have an estimated cost of $20 million or
less;
(3) interruptible service
provided to the utility's electric customers;
(4) modification to, or amendment of,
existing power purchase agreements provided that the modification or amendment
does not extend the agreement more than four years, does not add more than 20
megawatts of nameplate capacity to the utility's system, and is cost effective
in comparison to other supply-side alternatives available to the utility;
and
(5) utility administered
demand-side programs.
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