New Mexico Administrative Code
Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES
Chapter 9 - ELECTRIC SERVICES
Part 550 - FUEL AND PURCHASED POWER COST ADJUSTMENT CLAUSES FOR ELECTRIC UTILITIES
Section 17.9.550.13 - INFORMATION TO BE FILED

A. Each electric utility that has a FPPCAC as a part of a filed rate schedule shall file each month all the data and calculations called for in 17.9.550.12 NMAC. The monthly data shall be submitted in electronic format to the director of the utility division or his designee on the earliest possible date after the end of each month, but in no event less than five (5) days before the factor becomes effective for customer billing. The utility shall also file its monthly data with the commission's records bureau prior to the effective date of the factor. Where a utility has more than one base fuel and purchased power expense in various rate schedules, a separate calculation shall be filed for each base fuel and purchased power expense and a separate balancing account shall be maintained for each base fuel and purchased power expense.

B. An investor-owned utility shall provide the total charges that were incurred under purchased power contracts with a term of not less than fifteen days and entered into by the utility to replace normally available or scheduled power and energy from the utility's generating resources that operate at annual capacity factors of 40 percent or more and that were unavailable due to an unplanned outage and included in each month's FPPAC report. The utility shall make available each underlying purchased power contract to utility division staff upon request, in a manner consistent with any applicable confidentiality provisions in such contract. This reporting requirement shall not apply to economy energy transactions and transactions entered into for solely economic dispatch purposes.

C. Upon the utility division's receipt of the factor, a review of the calculations will be conducted by utility division staff to ensure compliance with this rule. In the event a utility fails to timely file the calculations of its factor in accordance with this section, or if the data filed by the utility is incomplete or inaccurate, utility division staff may immediately petition the commission for the appropriate relief provided by law and these rules, including the suspension, or collection subject to refund, of the factor.

D. Whenever the utility or the commission has good reason to believe on the basis of factual data that the adjustment factor would result in a substantial under-collection or over-collection of revenue in the following billing month with the further result that adjustment factors for future billing months would fluctuate excessively, the utility may apply to the commission for permission to place into effect or the commission may direct the utility to place into effect a specified increase or decrease in the amount of the adjustment factor which is to remain in effect for such period of time as the commission may direct.

E. Each utility that has a FPPCAC shall file by April 30 of each year the annual report defined in Subsection B of 17.9.550.7 NMAC.