New Mexico Administrative Code
Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES
Chapter 9 - ELECTRIC SERVICES
Part 592 - LOCATION OF LARGE CAPACITY PLANTS AND TRANSMISSION LINES
Section 17.9.592.15 - SAFE HARBOR
Current through Register Vol. 35, No. 18, September 24, 2024
A. The following shall be considered additions to, or modifications of, an existing plant or transmission line for which, under Subsection D of Section 62-9-3 NMSA 1978, no location approval is required. The "existing right-of-way" shall relate to the existing plant's or existing transmission line's existing right-of-way and shall be in place at the time that the safe harbor claim is made.
B. Notwithstanding the foregoing provisions, if new or replacement conductors, or new or replacement structures will extend for a distance of over one mile in length for a transmission line, the following requirements shall apply so long as they can be accomplished at reasonable additional cost:
C. Prior to any person constructing, modifying, or adding to plants, facilities, or transmission lines that require location control under Section 62-9-3 NMSA 1978 on land owned or controlled by a federally recognized American Indian tribe, or on land contiguous to such tribal land, that person shall consult with the tribe that owns or controls that land regarding the location of the construction. This required consultation is in addition to meeting the requirements of both Section 62-9-3 NMSA 1978 and this rule.
D. At least 120 days before a person commences any activity or installation not listed in Paragraphs (1) to (7) of Subsection A of Section 15 of 17.9.592 NMAC above, that person (the petitioner) shall file with the commission a petition requesting that the commission determine whether location approval is required. The petitioner shall serve a copy of the petition on:
E. Public utilities that claim safe harbor for any extensions, system improvements, repairs or replacements, or additions, pursuant to Paragraphs (1) to (7) of Subsection A of Section 15 of 17.9.592 NMAC above, that has an estimated cost to the utility under the uniform system of accounts of $1,000,000 or more on a total company basis and for which the utility intends to seek rate recovery from its New Mexico customers, regardless of the location, shall file a "440 report" with the commission pursuant to Subparagraph (e) of Paragraph (1) of Subsection A of 17.5.440.8 NMAC.
F. Commission staff shall, and any interested party who files a motion to intervene may, file a response to the petition within 45 days of its filing with the commission. If the commission does not act on the petition within 100 days from the date the petition was filed with the commission, the facilities that are the subject of the petition shall be deemed to be additions to, or modifications of, an existing plant or transmission line for the purposes of Subsection D of Section 62-9-3 NMSA 1978, for which location approval shall not be required . The commission's lack of action on a petition within the 100 day period shall not affect any requirement to obtain a certificate of public convenience and necessity pursuant to Section 62-9-1 NMSA 1978.