New Mexico Register / Volume XXXIV, Issue 9 / May 16, 2023
NOTICE
OF PROPOSED RULEMAKING
DOCKET
NO. 23-00147-UT
The New Mexico Public
Regulation Commission (the “Commission”) hereby gives notice of its initiation
of a proposed rulemaking to amend rule 17.9.551 NMAC: “Prior Approval of Purchased Power
Agreements.”
Summary of the
full text of the proposed rule and short explanation of its purpose: The Commission proposes to amend Rule
17.9.551 NMAC in conformance with its November 2, 2022 “Final Order Upon
Reconsideration.” The Commission’s Order
required that the Commission’s rules be evaluated to identify out-of-date cross
references to the recently repealed and replaced Rule 17.7.3 NMAC. Out-of-date cross references were identified
in Rule 17.9.551 NMAC and are proposed to be deleted in this rulemaking.
Legal authority
authorizing the proposed rule and the adoption of the rule: The Commission has the authority to
promulgate and adopt the Proposed Rule under the New Mexico Constitution,
Article XI, Sec. 2, and the New Mexico Public Regulation Commission Act, NMSA
1978, Sections 62-19-21 (2020) and 62-19-9 (2020).
How a copy of the
full text of the proposed rule can be obtained: A copy of the full text of the proposed rule
and instructions for accessing the complete rulemaking record can be obtained
from the rulemaking page on the Commission’s website at https://www.nm-prc.org/rulemaking-proceedings/
or by calling Robert Lundin of the Commission’s office at (505)216-8569.
How a person can
comment on the proposed rule, where comments will be received and when comments
are due:
Any person wishing to comment on the Proposed Rules may do so by submitting
written comments no later than June 22, 2023.
Comments can be
electronically filed by sending them in PDF format to
prc.records@state.nm.us. Comments must
refer to Docket No. 23-00147-UT. All
written comments will be posted on the Commission’s website within three days
of their receipt by the records bureau.
The record closure
date for this proceeding is June 30, 2023. From that date through the
completion of this proceeding, rulemaking participants will be forbidden from
communicating with the Commission or its representatives concerning substantive
issues in this proceeding.
When and where a
public rule hearing will be held and how a person can participate in the
hearing: A public hearing on the Proposed Rules and
any additional issues to be addressed in formal comment process, to be presided
over by the Commission or its designee, shall be held beginning at 1:00 p.m.
on June 23, 2023. Any member of the
public who wishes to make a comment at the hearing shall contact Robert Lundin
at (505)216-8569 or Robert.lundin@state.nm.us by no later than 5:00 p.m. on
June 15, 2023, to sign up as a hearing participant. The Commission’s Office of General Counsel
shall email a Zoom invitation to all hearing participants on June 16,
2023. The invitation shall include a
call-in number for those participants who are unable to access the hearing via
computer.
The hearing will
be held to receive oral comments. Any
commenters will be allowed to speak. In
addition, any commenter may be limited to five minutes to speak, subject to the
discretion of the Commission or its designee.
The Commission or its designee may also determine that a spokesperson
should be designated to speak on behalf of an organization, a group, or a group
of individuals that shares the same message or seeks the same goals, in order
to maximize the efficiency of the public comment hearing. No testimony or other evidence will be taken
at the hearing as this is a rulemaking proceeding. A court reporter will prepare a transcript of
the hearing for filing the rulemaking docket, Docket No. 23-00147-UT. Any person with a disability requiring
special assistance in order to participate in the hearing should contact Robert
Lundin at least 48 hours prior to the commencement of the hearing.
Technical
information that served as a basis for the proposed rule and how the
information can be obtained:
None.