N.M. Admin. Code § 17.9.561.11

Current through Register Vol. 36, No. 1, January 14, 2025

Section 17.9.561.11 - NON-COMPLIANCE

A. After issuing an order to show cause to a qualifying utility and making a finding of non-compliance with the CO2 emissions standards of Subsection D of Section 62-18-10 NMSA 1978 and 17.9.561.9 NMAC, the commission may impose monetary and non-monetary regulatory sanctions on the qualifying utility at the commission's discretion.

B. Before the commission imposes monetary regulatory sanctions on a qualifying utility, the qualifying utility may propose an alternative use of funds, equivalent to the amount identified by the commission to be imposed, for the purposes of advancing the objectives of this rule and the Energy Transition Act.

(1) If the commission imposes monetary regulatory sanctions or approves the qualifying utility's proposed alternative use of the funds, such amounts shall not be eligible for rate recovery.

(2) If the commission denies the qualifying utility's proposed alternative use of the funds, the commission shall require the qualifying utility to pay the monetary regulatory sanctions for remittance to the state treasurer.

N.M. Admin. Code § 17.9.561.11

Adopted by New Mexico Register, Volume XXXV, Issue 22, November 19, 2024, eff. 11/19/2024