This rule was
filed as NMPSC Rule 430.
TITLE 17 PUBLIC UTILITIES AND UTILITY
SERVICES
CHAPTER 7 ENERGY CONSERVATION
PART 430 COSTS OF RESIDENTIAL ENERGY
CONSERVATION PROGRAMS FOR COVERED
UTILITIES
17.7.430.1 ISSUING AGENCY:
New Mexico Public Service Commission [New Mexico Public Regulation
Commission].
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17.7.430.2 SCOPE:
NMPSC Rule 430 [17.7.430 NMAC] shall apply to all regulated utilities
operating in the State of New Mexico which meet the definition of "Covered
Utility."
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17.7.430.3 STATUTORY AUTHORITY:
NMPSC Rule 430 [17.7.430 NMAC] is adopted under the authority vested in
the Commission by the Public Utility Act, NMSA 1978, Section 62-3-1 et. seq.,
and the National Energy Conservation Policy Act, Public Law 95-619, 92 Stat.
3206, November 9, 1978, Section 215(c)(1)(C).
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17.7.430.4 DURATION:
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17.7.430.5 EFFECTIVE DATE:
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17.7.430.6 OBJECTIVE:
NMPSC Rule 430 [17.7.430 NMAC] is promulgated pursuant to Section
215(c)(1)(C) of the National Energy Conservation Policy Act, Public Law 95-619,
92 Stat. 3206, November 9, 1978, 42 USC Section 8201 et. seq. (NECPA). NECPA requires the establishment of utility
programs to encourage and facilitate the installation of energy conservation
measures and renewable resource measures.
Administration of utility programs is overseen by the New Mexico Energy,
Minerals and Natural Resources Department, which has promulgated a New Mexico
Residential Conservation Service Plan approved by the U.S. Department of
Energy. The New Mexico Public Service
Commission [New Mexico Public Regulation Commission] is charged with
determining whether utility programs carried out under Section 215(b) of NECPA
should be treated as a current expense of providing utility service and charged
to all ratepayers of a utility in the same manner as current operating expenses
of providing utility service, or charged to the residential customer for whom
the activity is performed. Section 215(c)(1)(C). The purpose of NMPSC Rule 430 [17.7.430 NMAC] is to require that
all costs incurred by a utility under Section 215(b) of NECPA be treated as a
current expense charged to all ratepayers.
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17.7.430.7 DEFINITIONS:
When used in NMPSC Rule 430 [17.7.430 NMAC] unless otherwise specified
the following definitions will apply:
A. "Utility Program" or "Program" means
a program meeting the requirements of Section 215 of NECPA.
B. "Eligible Customer" means a person who:
(1) owns or
occupies a residential building and
(2) receives a fuel bill from a covered
utility or participating home heating supplier for fuel used in such
residential building.
C. "Covered Utility" means in any calendar year a
public utility which during the second preceding calendar year had either:
(1) sales of natural gas for purposes other
than resale which exceeded 10 billion cubic feet or
(2) sales of electric energy for purposes
other than resale which exceeded 750 million kilowatt hours.
D. "Program Audit" means an energy audit in which
the estimates of costs and savings are based on an on-site inspection of an
eligible customer's residence by an auditor qualified according to the New
Mexico Residential Conservation Service Plan promulgated by the New Mexico
Energy, Minerals and Natural Resources Department.
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17.7.430.8 [TABLE OF CONTENTS:]
A. Purpose:
[17.7.430.6 NMAC]
B. Authority: [17.7.430.3
NMAC]
C. Application
[17.7.430.2 NMAC]
D. Definitions:
[17.7.430.7 NMAC]
E. Treatment of Program Costs [17.7.430.9 NMAC]
F. Customer Charges
[17.7.430.10 NMAC]
G. Billing Practice
[17.7.430.11 NMAC]
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17.7.430.9 TREATMENT OF PROGRAM COSTS:
The following program elements are to be treated as a current operating
expense:
A. Administrative and general expenses, including those
associated with program audits, list distribution, customer billing services,
and "arranging". These
administrative costs may include any costs the utility incurs if it conducts
random post-installation inspections required by 10 CFR Section 456.313(b) and
conciliation conferences required by 10 CFR Section 456.315(a);
B. Project Manager requirements, including:
(1) program audits;
(2) arranging for a lender to make a loan to
an eligible customer to finance the purchase and installation costs of energy
conservation and renewable resource measures, including the costs of arranging
repayment of the principal and interest of a loan as part of the periodic bill;
and
(3) arranging to have the program measures
installed.
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17.7.430.10 CUSTOMER CHARGES:
There shall be no charge to a customer who requests a program audit over
and above those charges in rates based on current operating expenses.
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17.7.430.11 BILLING PRACTICE:
Costs incurred by the utility attributable to the RCS Program and passed
on to the ratepayers shall not be stated as a separate line item on bills.
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17.7.430.12 [HISTORY: NMPSC Case No. 2086, order dated June 30,
1988, unless otherwise noted. Formerly
NMPSC General Order No. 38, superseded for purposes of rule reorganization and
codification.]
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12/30/01]
HISTORY OF
17.7.430 NMAC:
Pre-NMAC
History: The material in this part was
derived from that previously filed with the Commission of Public Records-State
Records Center and Archives.
General Order
No. 38, Rules And Regulations Governing Costs Of Residential Energy
Conservation Programs For Covered Utilities, 5/18/82.
NMPSC Rule 430,
Costs Of Residential Energy Conservation Programs For Covered Utilities,
6/30/88.
History
of Repealed Material: [RESERVED]