N.M. Admin. Code § 17.8.2.8

Current through Register Vol. 35, No. 20, October 22, 2024

Section 17.8.2.8 - RETA PARTICIPATION IN PROJECTS

A. General:

(1) The board may, in its sole discretion, choose to provide support for a project based on evaluation criteria set forth in this rule, as further described in policies adopted by the board. The type and amount or degree of support provided by the authority will generally depend on the request of an applicant, the evaluation of the project based on the criteria, and RETA's resource capacity to support the project.

(2) The authority may decline to participate in any project, or may participate in any project through a letter of support; an MOU; a joint development agreement; financing of a project in whole or in part; entering into a partnership or limited liability company agreement with a person; or acquisition of a project.

B. Evaluation criteria:

(1) The evaluation of a project will be consistent with the type of request being made and may include, to the extent applicable, an evaluation of project feasibility, administrative capacity, financial position, benefit to the state of New Mexico, and economic and demographic factors. The authority may use one or more of these criteria during the evaluation process; depending on the type of request being considered. Further detail regarding the basis for RETA's evaluation of a project may be issued by the board in a policy.

(2) In accordance with NMSA 1978, Section 62-16A-4(F), the authority shall not own or control facilities unless:

(a) the facilities are leased to or help for lease or sale to a public utility or such other person approved by the public regulation commission;

(b) the operation, maintenance and use of the facilities are vested by lease or other contract in a public utility or such other person approved by the public regulation commission;

(c) the facilities are owned or controlled for a period of not more than 180 days after termination of a lease or contract described in Paragraph (1) or (2) of this subsection or after the authority gains possession of the facilities following a breach of such lease or contract or as a result of bankruptcy proceedings; or

(d) the facilities do not affect in-state retail rates or electric service reliability.

C. Evaluation by RETA projects committee: Employees of the authority will make a best effort to evaluate applications and compile a recommendation for the projects committee within 60 days of a request made pursuant to this rule. A project shall not proceed to the board for consideration unless the committee has evaluated it and recommended consideration by the full board. The committee may, in its sole discretion, request additional information from an applicant prior to making a recommendation to the full board. A project shall not be presented to the full board if the committee has denied the request or has not yet completed a full review.

N.M. Admin. Code § 17.8.2.8

17.8.2.8 NMAC - N, 12/15/2011