New Mexico Register / Volume XXXV, Issue 17 / September 10, 2024

NOTICE OF PROPOSED RULEMAKING

DOCKET NO. 22-00140-UT

The New Mexico Public Regulation Commission (“Commission”) hereby gives notice of its initiation of a proposed rulemaking to adopt a new rule at Title 17, Chapter 9, Part 571 of the New Mexico Administrative Code entitled “Renewable Energy For Rural Electric Cooperatives.”

Summary of the full text of the proposed rule and short explanation of its purpose: The Commission proposes to issue a new rule related to renewable energy for rural electric cooperatives, containing provisions for the renewable portfolio standard, zero carbon resource standard, and data reporting. On May 4, 2021, amendments to Rule 572, which removed renewable energy provisions relating to rural electric cooperatives, became effective. Since May 4, 2021, the Commission has not had comparable rules.

Legal authority authorizing the proposed rule and the adoption of the rule: The Commission has the authority to promulgate and adopt the Proposed Rule pursuant to the Rural Electric Cooperative Act, NMSA 1978, Sections 62-15-1 to -37 (1953, as amended through 2021) and the Renewable Energy Act (“REA”), NMSA 1978, Section 62-16-8 (2019).

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 emailing Robert Lundin of the Office of General Counsel 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 Rules may do so by submitting written initial comments no later than October 25, 2024, and written response comments no later than November 8, 2024. Comments can be electronically filed by sending them in PDF format to prc.records@state.nm.us. Comments must refer to Docket No. 22-00140-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 December 5, 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 November 21, 2024.

Any interested person or entity may make oral comment in-person, via the Zoom app, or by telephone. Persons making oral public comments in person do not need to sign up in advance but do need to sign in by hand on the sign-up sheet at 142 W Palace Santa Fe, NM 87505. Individuals wishing to comment by Zoom or telephone must sign up by contacting Patrick Rodriguez at public.comment@prc.nm.gov or (505) 490-7910 as soon as possible before the start of the meeting. When sending an email to sign up for public comment please identify the name of the commentor(s), the name of the entity they represent (if any), and the topic or issue on which they desire to comment. If a speaker is not present at the time he or she is called to provide comment, that speaker shall forfeit their opportunity to speak. Public comment by an individual or entity shall be limited to no more than three (3) minutes unless the Commission acts to extend the period. Individuals represented by or representing a common entity may be asked to select one individual to act as spokesperson to speak for the group. Individuals who sign up to comment, but either fail to do so or choose to speak for less than their allotted time, may not cede or yield their time to another speaker. The subject matter of public comments shall be relevant to matters within the Commission’s jurisdiction. Public comment by parties to a proceeding or adjudication pending before the Commission shall not be permitted where the comment concerns matters at issue in such proceeding.

Technical information that served as a basis for the proposed rule and how the information can be obtained: None.