TITLE 17             PUBLIC UTILITIES AND UTILITY SERVICES

CHAPTER 3       UTILITIES FINANCIAL ACCOUNTING AND REPORTING - GENERAL PROVISIONS

PART 510            UNIFORM SYSTEMS OF ACCOUNTS AND ANNUAL REPORT FORMS FOR

                                ELECTRIC UTILITIES

 

17.3.510.1             ISSUING AGENCY:  New Mexico Public Regulation Commission.

[17.3.510.1 NMAC - Rp, 17 NMAC 3.510.1, 12/27/2022]

 

17.3.510.2             SCOPE:  [RESERVED]

[17.3.510.2 NMAC - Rp, 17 NMAC 3.510.2, 12/27/2022]

 

17.3.510.3             STATUTORY AUTHORITY:  Sections 8-8-4 and 8-8-15 NMSA1978 of the Public Regulation Commission Act; and Sections 61-8-1 to 62-8-13 NMSA 1978, Duties and Restrictions Imposed Upon Public Utilities.

[17.3.510.3 NMAC - Rp, 17 NMAC 3.510.3, 12/27/2022]

 

17.3.510.4             DURATION:  Permanent.

[17.3.510.4 NMAC - Rp, 17 NMAC 3.510.4, 12/27/2022]

 

17.3.510.5             EFFECTIVE DATE:  December 27, 2022 unless a later date is cited at the end of a section.

[17.3.510.5 NMAC - Rp, 17 NMAC 3.510.5, 12/27/2022]

 

17.3.510.6             OBJECTIVE:  [RESERVED]

[17.3.510.6 NMAC - Rp, 17 NMAC 3.510.6, 12/27/2022]

 

17.3.510.7             DEFINITIONS:  [RESERVED]

[17.3.510.7 NMAC - Rp, 17 NMAC 3.510.7, 12/27/2022]

 

17.3.510.8             TABLE OF CONTENTS:

                A.            Classification of electric utilities [17.3.510.9 NMAC]

                B.            Uniform systems of accounts and annual report forms [17.3.510.10 NMAC]

                C.            Effect of adoption of uniform systems of accounts [17.3.510.11 NMAC]

                D.            Annual reporting [17.3.510.12 NMAC]

                E.            Quarterly reporting [17.3.510.13 NMAC]

[17.3.510.8 NMAC - Rp, 17 NMAC 3.510.8, 12/27/2022]

 

17.3.510.9             CLASSIFICATION OF ELECTRIC UTILITIES:  Investor-owned electric public utilities shall be and are hereby classified in accordance with their annual operating revenues as follows:

 

CLASS

ANNUAL OPERATING REVENUES OF

A

$2,500,000 or more.

B

$1,000,000 or more, but less than $2,500,000.

C

$150,000 or more, but less than $1,000,000.

D

$25,000 or more, but less than $150,000.

E

less than $25,000.

[17.3.510.9 NMAC - Rp, 17 NMAC 3.510.9, 12/27/2022]

 

17.3.510.10          UNIFORM SYSTEMS OF ACCOUNTS AND ANNUAL REPORT FORMS:

                A.            Class A and class B electric utilities as defined in 17.3.510.9 NMAC shall keep their books and records in compliance with the uniform system of accounts for public utilities and licensees (class A and class B), effective April 1, 1973, prescribed by the FPC with subsequent revisions prescribed by FERC, and shall use the current form of annual report for electric utilities and licensees (class A and class B) prescribed by FERC.

                B.            Class C electric utilities as defined in 17.3.510.9 NMAC shall keep their books and records in compliance with the uniform system of accounts for public utilities and licensees (class C), effective April 1, 1973, prescribed by the FPC with subsequent revisions prescribed by FERC, and shall use the current form of annual report for public utilities and licensees (class C and class D), prescribed by FERC.

                C.            Class D and class E electric utilities as defined in 17.3.510.9 NMAC shall keep their books and records in compliance with the uniform system of accounts for public utilities and licensees (class D) effective April 1, 1973, prescribed by the FPC with subsequent revisions prescribed by FERC, and shall use the current form of annual report for public utilities and licensees (class C and class D) prescribed by the FERC.

                D.            Rural electric cooperatives shall keep their books and records in compliance with the uniform system of accounts prescribed for electric borrowers of the rural electrification administration, REA bulletin 181-1.  The form of rural electric cooperatives’ annual report to the New Mexico public regulation commission shall be in the form provided by the commission. Rural electric cooperatives having an annual electric operating revenues and patrons' capital of $150,000 or less for business transacted in the state of New Mexico shall have the option of filing FERC form No. 1 for electric utilities and licensees (class A and class B) as prescribed above, or they may file one copy each of REA form no. 7 and REA form no. 40 covering their New Mexico operations, and one copy each of REA form no. 7 and REA form no. 40 covering their total operations. A rural electric cooperative's reports shall reflect the operations for the year ending December 31.

[17.3.510.10 NMAC - Rp, 17 NMAC 3.510.10, 12/27/2022]

 

17.3.510.11          EFFECT OF ADOPTION OF UNIFORM SYSTEMS OF ACCOUNTS:  The adoption of the respective uniform systems of accounts by 17.3.510.10 NMAC shall not be construed as approval or acceptance of any item recorded pursuant to the said system of accounts on the books of any utility for the purpose of fixing rates or determining other matters before the commission. The uniform system of accounts is designed to record the facts of the operations of all electric utilities in a uniform manner, and when engaged in fixing rates or passing upon other matters before it the commission will determine what consideration shall be given to various items so recorded in the several accounts.

[17.3.510.11 NMAC - Rp, 17 NMAC 3.510.11, 12/27/2022]

 

17.3.510.12          ANNUAL REPORTING:

                A.            Each utility affected by 17.3.510 NMAC shall report to the commission annually for each calendar year not later than April 30 of the following year upon forms provided by the commission. Attached to this report shall be the company's most recently filed SEC form 10K, if applicable, 17.3.510 NMAC Form 1 regarding jurisdictional customer numbers, and the company's most recent load growth forecast, if such is prepared routinely by the company.  Each utility shall retain one copy of the report in its files. If additional time beyond April 30 is required by any utility it shall request in writing such additional time as may be needed, and the commission in the exercise of its discretion may grant such additional time as it believes is reasonable and necessary.

                B.            Each utility affected by 17.3.510 NMAC which has not had a general rate case decided by a final order of the commission after a hearing on the merits of an unstipulated general rate case during the previous four year period prior to the filing of its annual report shall:

                                (1)           for the company's total electric utility operations, and the company's New Mexico jurisdictional electric utility operations file, using actual unadjusted numbers, for both the current year and the figures approved by the commission in the company's last general rate case the following information:

                                                (a)           revenues;

                                                (b)           earnings;

                                                (c)           return on equity (or margin);

                                                (d)           amount of debt and average cost of debt;

                                                (e)           capital structure;

                                                (f)            generation plant-in-service, including for each plant;

                                                                (i)            installed cost (including capital additions);

                                                                (ii)           in-service date;

                                                                (iii)         plant type (steam,  combustion turbine, nuclear, etc.); and

                                                                (iv)          fuel source(s);

                                                (g)           transmission and sub-transmission plant-in-service;

                                                (h)           distribution plant-in-service;

                                                (i)            operation and maintenance expense (with fuel and purchased power, and nuclear and non-nuclear O&M shown separately);

                                                (j)            deferred tax reserves;

                                                (k)           peak demand; and

                                                (l)            net energy sales (kWh);

                                (2)           provide in detail the derivation of each number set forth above from actual measured numbers, including an explanation of the jurisdictional allocations used; and

                                (3)           identify and explain any adjustment, factor or extraordinary item which the company believes would materially affect its return on equity as reflected above or prospectively.

                C.            Each utility affected by 17.3.510 NMAC shall provide a detailed report annually for each calendar year not later than April 30 of the following year setting forth and listing its compliance or failure to comply with each part of the commission’s final order in each of the cases decided that the utility has a requirement of compliance ordered during the preceding five years or since the utility’s last general rate case order, whichever period is longer.

                D.            The staff of the utility division will review the annual reports for compliance and will, in writing, request additional information from the utility if required. Staff will summarize the annual reports and the division director of the utility division will provide a written report to the commission on or before July 1 of the report year.

[17.3.510.12 NMAC - Rp, 17 NMAC 3.510.12, 12/27/2022]

 

17.3.510.13          QUARTERLY REPORTING:  Any utility required to file SEC form 10Q and which is affected by 17.3.510 NMAC, shall file one copy of its completed SEC form 10Q with the commission at the same time the utility files this form with the SEC. Each utility shall retain one copy of the form 10Q in its files.

[17.3.510.13 NMAC - Rp, 17 NMAC 3.510.13, 12/27/2022]

 

HISTORY OF 17.3.510 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.

Second Amended General Order No. 21, Regulations Governing Annual Report Filings for Electric Utilities, filed 5/4/1983 NMPSC Rule 510, Uniform Systems of Accounts and Annual Report Forms for Electric Utilities, filed 6/30/1988.

 

History of Repealed Material:  17 NMAC 3 510, Uniform Systems Of Accounts And Annual Report Forms For Electric Utilities filed (6/30/1988) effective 12/27/2022.

 

Other:  17 NMAC 3 510, Uniform Systems Of Accounts And Annual Report Forms For Electric Utilities filed (6/30/1988) replaced by 17.3.510 NMAC, Uniform Systems Of Accounts And Annual Report Forms For Electric Utilities effective 12/27/2022.