New Mexico Register / Volume XXXV,
Issue 12 / June 25, 2024
NOTICE
OF PROPOSED RULEMAKING
DOCKET
NO. 23-00294-UT
The New Mexico Public
Regulation Commission (“Commission”) hereby gives notice of its initiation of a
Proposed Rulemaking to adopt a new rule at 17.9.561 NMAC, entitled
“Carbon Dioxide Emissions Measurement and Compliance.”
Summary of the
full text of the Proposed Rule and short explanation of its purpose: The Commission proposes to adopt a new rule
to satisfy and implement Subsection D of Section 62-18-10 NMSA 1978 of the
Energy Transition Act (“ETA”). Subsection D requires the Commission to adopt
rules to implement the carbon intensity emissions limits set out in the ETA,
which limit a qualifying utility’s emissions from generating assets to 400
lbs-CO2/MWh until 2032 when the stringency increases to 200 lbs-CO2/MWh. The Proposed Rule would additionally provide
procedures for annual reporting and guidance for non-compliance sanctions.
Legal authority
authorizing the Proposed Rule and the adoption of the rule: The Commission has jurisdiction over this
rulemaking pursuant to Subsection D of Section 62-18-10 NMSA 1978. Additionally, the Commission has jurisdiction
to issue this NOPR and to adopt the Proposed Rule as permitted by Subsection B
of Section 62-19-9 NMSA 1978: the Commission’s authority to adopt such
reasonable administrative, regulatory and procedural rules as may be necessary
or appropriate to carry out its powers and duties.
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 contacting Robert Lundin
of the Commission’s office at Robert.Lundin@prc.nm.gov.
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 Rule may do so by submitting
written initial comments no later than August 9, 2024
and written response comments no later than August 23, 2024.
Comments can be
electronically filed by sending them in PDF format to
prc.records@state.nm.us. Comments must
refer to Docket No. 23-00294-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 August 30, 2024.
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 Rule 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 10:00
a.m. on August 15, 2024. Any member
of the public who wishes to make a comment at the hearing may contact Patrick
Rodriguez via email at public.comment@prc.nm.gov or by phone at (505)490-7910
no later than 12:00 p.m. (noon) on August 14, 2024, to sign up as a hearing
participant. The Commission shall email
a Zoom invitation to all hearing participants the day before the hearing. The Zoom invitation shall include a call-in
number for those participants who are unable to access Zoom’s
video-conferencing platform.
The public comment
hearing shall be held to receive oral comments.
All commenters may be limited in time to speak, subject to the
discretion of the Commission or its designee.
The Commission or its designee may also determine that a spokesperson
shall 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
shall be taken at the public comment hearing.
A court reporter shall prepare a transcript of the hearing for filing in
this docket.
Any person with a disability
requiring special assistance to participate in this proceeding should contact
the Commission’s Director of the Administrative Services Division at (505)
827-8019 to request such assistance as soon as possible, preferably as soon as
the person receives notice of this proceeding to allow consideration of the
request and to arrange for a potential reasonable accommodation.
Technical
information that served as a basis for the Proposed Rule and how the
information can be obtained:
N/A