Study of the Impacts of Regulations Affecting the Acceptance of Integrated Community Energy Systems: Public Utility, Energy Facility Siting and Municipal Franchising Regulatory Programs in New Mexico. Preliminary Background Report

摘要

The authority to regulate public utilities is vested generally in the New Mexico Public Service Commission. The Commission is composed of three members appointed by the governor with the advice and consent of the senate. Commission members, who are to be competent persons and qualified electors of (New Mexico), are appointed for six year terms. They must be free from any pecuniary or employment interests incompatible with the duties of the Commission. The Commission possesses the exclusive power to regulate public utilities. The Commission, however, exercises no authority over utilities owned by municipal corporations or H class counties (counties under 54 square miles in area) unless the general electorate of the municipality or county elects to bring such utilities within the jurisdiction of the Commission. Municipalities may establish by contract, rates between the municipality and investor-owned utilities. Such contracts are limited to 25 years in duration and are subject to Commission approval. There is no specific procedure for review of local decisions regarding municipally-owned utilities. Public utility regulatory statutes, energy facility siting programs, and municipal franchising authority are examined to identify how they may impact on the ability of an organization, whether or not it be a regulated utility, to construct and operate an ICES. (ERA citation 05:019067)