Current through Register Vol. 35, No. 18, September 24, 2024
A. System
emergencies.
(1) During any system emergency
a utility may discontinue on a nondiscriminatory basis:
(a) purchases from a qualifying facility if
such purchases would contribute to such emergency, and
(b) sales to a qualifying facility provided
that such discontinuance is on a previously established nondiscriminatory
basis.
(2) A qualifying
facility shall be required to provide power to a utility during a system
emergency only to the extent:
(a) provided by
agreement between the qualifying facility and the utility; or
(b) ordered pursuant to the provisions of the
Federal Power Act,
16
U.S.C. Section
824a(c).
B. Operational circumstances. The utility may
discontinue purchases from the qualifying facility during any period in which,
due to operational circumstances, purchases from qualifying facilities will
result in costs greater than those which the utility would incur if it did not
make such purchases but instead generated an equivalent amount of energy
itself; a claim by an electric utility that such a period has occurred or will
occur is subject to verification by the commission; the utility shall maintain
and make available sufficient documentation to aid the commission with
verification proceedings.
C.
Notification requirements. Any utility which disconnects and thereby
discontinues purchases or sales from a qualifying facility for the reasons
cited in Subsections A and B of 17.9.570.13 NMAC above shall notify the
qualifying facility or facilities prior to the system emergency or operational
circumstance if reasonably possible. If prior notice is not reasonably possible
the utility shall notify the qualifying facility by telephone or personal
contact within 48 hours following the system emergency or operational
circumstance followed by written communication if requested by the qualifying
facility. Any notification shall include the specific reason for the system
emergency or operational circumstance.
D. Penalty. Any utility which fails to comply
with the notification requirements in Subsection C of 17.9.570.13 NMAC or fails
to demonstrate the existence of a system emergency or operational circumstance
which warrants the discontinuance of purchases shall pay for the qualifying
facility's imputed or expected power at the applicable rate as if the system
emergency or operational circumstance had not occurred. The utility may also be
subject to a penalty under Section
62-12-4 NMSA
1978.
E. Wheeling of power. If the
qualifying facility agrees, an electric utility which would otherwise be
obligated to purchase power from the qualifying facility may transmit power to
any other electric utility. Any electric utility to which power is transmitted
shall purchase such power as if the qualifying facility were supplying power
directly to such electric utility. The rate for purchase by the electric
utility to which such power is transmitted shall be adjusted up or down to
reflect line losses pursuant to
18 C.F.R. Section
292.304(e)(4) and shall not
include any charges for transmission.
F. Distribution cooperatives.
(1) A distribution cooperative having a full
power requirements contract with its supplier has the option of transferring
the purchase obligation pursuant to
17.9.570.9
NMAC to its power supplier. The qualifying facility will be paid the capacity
and energy payments, as applicable, by the supplier pursuant to
17.9.570.11
NMAC. A distribution cooperative that does not transfer the purchase obligation
to its power supplier shall have the option to:
(a) pay qualifying facilities the energy and
capacity charges including appropriate fuel and purchase power pass-throughs it
pays to its power supplier, or
(b)
pay the qualifying facility the energy and capacity charges which shall be
determined in accordance with Section
17.9.570.11
NMAC.
(2) The obligation
to interconnect and provide supplementary, backup, and maintenance power either
on a firm or on an interruptible basis shall remain with the distribution
cooperative.
(3) Any municipal
electric utility that does not have generating capacity but is subject to the
jurisdiction of the commission shall be considered a distribution cooperative
for the purposes of 17.9.570 NMAC.
G. Requirements to file electric utility
system data: not later than April 1 of each year each utility shall submit to
the commission a report covering the previous calendar year which shall at a
minimum provide:
(1) the name and address of
each qualifying facility with which it is interconnected, with which it has a
contract to interconnect, or with which it has concluded a wheeling
agreement;
(2) annual purchases in
kW and kWh from each qualifying facility with which it is interconnected and
the amount of electricity wheeled on behalf of each qualifying
facility;
(3) the price charged for
any power wheeled on behalf of each qualifying facility;
(4) the methodology and assumptions used in
the calculation of wheeling rates;
(5) amounts actually paid to each qualifying
facility; and
(6) a list of all
applications for interconnection which the utility has rejected or otherwise
failed to approve together with the reasons therefor.
H. Filing of tariff.
(1) Within 60 days of the adoption of this
rule, each utility shall develop and file any changes to its tariffs on file
with the commission needed to comply with the requirements set forth herein;
such changes shall comply with all tariff filing requirements of the
commission; such tariffs shall conform to the requirements of 17.1.210 NMAC,
and shall become effective 30 days after the filing thereof unless suspended by
the commission pursuant to Section
62-8-7
NMSA 1978, or unless ordered effective at an earlier date by the
commission.
(2) Within 60 days of
the adoption of the amendments to this rule, each utility shall develop and
file tariffs for metering and billing consistent with this rule for generating
facilities with rated capacities up to and including 10 kW; such tariffs shall
comply with all tariff filing requirements of the commission; such tariffs
shall conform to the requirements 17.1.210 NMAC, and shall become effective 30
days after the filing thereof unless suspended by the commission pursuant to
Section
62-8-7
NMSA 1978, or unless ordered effective at an earlier date by the
commission.
I. Complaints
and investigations. The procedures set forth in Sections
62-8-7
and
62-10-1
NMSA 1978 and the complaint provisions of 1.2.2 NMAC shall be applicable for
the resolution of complaints and investigations arising out of the
implementation and conduct of 17.9.570 NMAC.
J. Severability. If any part of 17.9.570 NMAC
or any application thereof is held invalid, the remainder or the application
thereof to other situations or persons shall not be affected.
K. Amendment. The adoption of 17.9.570 NMAC
shall in no way preclude the commission, after notice and hearing, from
altering or amending any provision hereof or from making any modification with
respect to its application deemed necessary.
L. Exemption or variance.
(1) Any interested person may file an
application for an exemption or a variance from the requirements of 17.9.570
NMAC. Such application shall:
(a) describe the
situation which necessitates the exemption or variance;
(b) set out the effect of complying with
17.9.570 NMAC on the utility and its customers if the exemption or variance is
not granted;
(c) identify the
section(s) of 17.9.570 NMAC for which the exemption or variance is
requested;
(d) define the result
which the request will have if granted;
(e) state how the exemption or variance will
promote the achievement of the purposes of 17.9.570 NMAC; and
(f) state why no other reasonable alternative
is available.
(2) If the
commission determines that the exemption or variance is consistent with the
purposes of the rule as defined herein, the exemption or variance may be
granted. The commission may at its option require an informal conference or
formal evidentiary hearing prior to the granting of the variance.
M. Motion for stay pending
amendment, exemption, or variance. An application for an amendment, exemption,
or a variance may include a motion that the commission stay the application of
the affected portion of 17.9.570 NMAC for the transaction specified in the
motion.
