(1) Notice.
(a) At the same time the application is
submitted to the authority, the applicant shall provide a copy of the
application to private property owner(s) of record of the properties that lie
within the proposed project route in New Mexico, in the same manner as provided
in Subsection B of 17.8.3.8 NMAC.
(b) The authority shall cause notice of the
application to be published in a newspaper of general circulation available in
every county in which the property within the proposed project route in New
Mexico lies. The notice shall not include any information from the application
that is exempt from disclosure pursuant to the Inspection of Public Records Act
(Chapter 14, Article 2 NMSA 1978) or the New Mexico Renewable Energy
Transmission Authority Act (Chapter 6, Article 62A NMSA 1978). Upon request by
the authority, the applicant shall publish notice in accordance with this
rule.
(c) Such published notice
shall appear at least three times a minimum of seven days apart, with the first
occurrence published within 14 days after the date of the authority's approving
the form of notice and at least 30 days prior to the date of the authority
board meeting at which the application will be considered.
(d) The notice shall contain the following
information:
(i) identification of the
applicant(s);
(ii) a description of
the project and its purpose;
(iii)
a description of the proposed project route in New Mexico and a statement that
a map is available at RETA's offices;
(iv) a statement that the applicant has
applied to the authority for approval of the agreement and exercise of its
eminent domain authority pursuant to this rule;
(v) the date, time and place of the authority
meeting at which the authority may consider the application, if known, together
with the further statement that interested persons should contact the authority
for confirmation of the meeting date, time, and place;
(vi) a statement that any interested person
may examine the application and related exhibits, except such information
exempt from disclosure pursuant to the Inspection of Public Records Act
(Chapter 14, Article 2 NMSA 1978) or the New Mexico Renewable Energy
Transmission Authority Act (Chapter 6, Article 62A NMSA 1978), submitted to the
authority at the offices of the authority in Santa Fe, and indicating the
address and telephone number of the authority;
(vii) a statement that property owners whose
property lies within the proposed project route in New Mexico may submit
written comments on the application to the authority on or before the date of
the board of directors' meeting at which the authority will consider the
application;
(viii) a statement
that property owner(s) whose property lies within the proposed project route in
New Mexico may appear at the time and place of the authority's board of
directors' meeting at which the authority will consider the application, and
may make written or oral comments on the application at the meeting;
(ix) a statement that any and all agency
approvals required by law have been obtained and all reviews required by any
other agency have been satisfactorily completed. Copies of all supporting
documentation or review results shall be submitted along with the
application.
(e) The
applicant shall bear the cost of publication.
(f) If the authority requires the applicant
to publish the notice in accordance with this rule, the applicant shall ensure
that an affidavit of publication is provided to the authority promptly upon
last publication of the notice.
(2) Comment. The authority shall provide
opportunity for written and oral comments on the application by property
owner(s) whose property lies within the proposed project route in New Mexico.
The authority shall provide a comment period of at least 30 days following last
publication of the notice pursuant to Paragraph (1) of Subsection D of 17.8.3.8
NMAC, but may provide a reasonable extension of the comment period, not to
exceed sixty 60 additional days. Oral comments shall be received at the meeting
of the authority wherein the issue is to be considered.