N.M. Admin. Code § 17.7.3.17

Current through Register Vol. 35, No. 17, September 10, 2024

Section 17.7.3.17 - VARIANCES AND AMENDMENTS

A. A utility may file a request for a variance from the requirements of this rule.

B. Such application shall:

(1) describe the situation which necessitates the variance;

(2) set out the effect of complying with this rule on the utility and its customers if the variance is not granted;

(3) identify the section(s) of this rule for which the variance is requested;

(4) describe the expected result which the request shall have if granted; and

(5) state how the variance shall aid in achieving the purposes of this rule.

C. The commission may grant a request for a procedural variance through an order issued by the chair, a commissioner, or a designated hearing examiner.

D. The following types of procurements that deviate from the utility's commission-accepted action plan shall be submitted to the commission as an application for a variance pursuant to 17.7.3.17 NMAC:

(1) capacity or energy from newly-constructed, utility-owned, supply-side resources with a nameplate rating of 20 megawatts or less;

(2) improvements or modifications to existing utility generation facilities that change the production capability of the generation facility site in question by 20 megawatts or less based on the utility's share of the total power generation at the facility site and that have an estimated cost of $20 million or less;

(3) interruptible service provided to the utility's electric customers;

(4) modification to, or amendment of, existing power purchase agreements provided that the modification or amendment does not extend the agreement more than four years, does not add more than 20 megawatts of nameplate capacity to the utility's system, and is cost effective in comparison to other supply-side alternatives available to the utility; and

(5) utility administered demand-side programs.

N.M. Admin. Code § 17.7.3.17

Adopted by New Mexico Register, Volume XXXIII, Issue 20, October 25, 2022, eff. 10/27/2022, Amended by New Mexico Register, Volume XXXIII, Issue 22, November 29, 2022, eff. 11/29/2022