Current through Register Vol. 35, No. 18, September 24, 2024
A.
General:
(1) The board may, in its sole discretion,
choose to provide support for a project based on evaluation criteria set forth
in this rule, as further described in policies adopted by the board. The type
and amount or degree of support provided by the authority will generally depend
on the request of an applicant, the evaluation of the project based on the
criteria, and RETA's resource capacity to support the project.
(2) The authority may decline to participate
in any project, or may participate in any project through a letter of support;
an MOU; a joint development agreement; financing of a project in whole or in
part; entering into a partnership or limited liability company agreement with a
person; or acquisition of a project.
B.
Evaluation criteria:
(1) The evaluation of a project will be
consistent with the type of request being made and may include, to the extent
applicable, an evaluation of project feasibility, administrative capacity,
financial position, benefit to the state of New Mexico, and economic and
demographic factors. The authority may use one or more of these criteria during
the evaluation process; depending on the type of request being considered.
Further detail regarding the basis for RETA's evaluation of a project may be
issued by the board in a policy.
(2) In accordance with NMSA 1978, Section
62-16A-4(F), the authority shall not own or control facilities unless:
(a) the facilities are leased to or help for
lease or sale to a public utility or such other person approved by the public
regulation commission;
(b) the
operation, maintenance and use of the facilities are vested by lease or other
contract in a public utility or such other person approved by the public
regulation commission;
(c) the
facilities are owned or controlled for a period of not more than 180 days after
termination of a lease or contract described in Paragraph (1) or (2) of this
subsection or after the authority gains possession of the facilities following
a breach of such lease or contract or as a result of bankruptcy proceedings;
or
(d) the facilities do not affect
in-state retail rates or electric service reliability.
C.
Evaluation by RETA
projects committee: Employees of the authority will make a best effort
to evaluate applications and compile a recommendation for the projects
committee within 60 days of a request made pursuant to this rule. A project
shall not proceed to the board for consideration unless the committee has
evaluated it and recommended consideration by the full board. The committee
may, in its sole discretion, request additional information from an applicant
prior to making a recommendation to the full board. A project shall not be
presented to the full board if the committee has denied the request or has not
yet completed a full review.
