New Mexico PRC Issues Proposed Rules for Net Metering and Cogeneration

In late September, the New Mexico Public Regulatory Commission (PRC) established a docket (Case No. 12-00332-UT) to update the state’s rules governing cogeneration and small power production.

The PRC issued a proposed rule, which reflects changes in the federal Public Utility Regulatory Policies Act and the enactment of the state’s Renewable Energy Act. It adds definitions to the Commission’s existing rule related to purchases made by the electric utility on (I) an “as available” basis or (2) pursuant to a “legally enforceable obligation.” The proposed rule changes are also intended to provide further direction on how rates are to be determined for purchases from qualifying facilities. Finally, the proposed rule delineates the terms related to the ownership of associated renewable energy certificates when the utility is purchasing energy from a qualifying facility that is not selling renewable energy pursuant to the Renewable Energy Act.

The Proposed Rule would also amend state rules that require electric utility companies to offer crediting of excess energy to be used by a customer to offset future energy usage and remove the present option provided to the utility to offer crediting if the utility itself opts to do so.

Comments on this rule were due in late October and a public hearing has been scheduled for November 20, 2012.


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