2013 New Mexico Statutes
Chapter 62 - Electric, Gas and Water Utilities
Article 17 - Efficient Use of Energy
Section 62-17-6 - Cost recovery. (2013)

A.   A public utility that undertakes cost-effective energy efficiency and load management programs shall have the option of recovering its prudent and reasonable costs along with commission-approved incentives for demand-side resources and load management programs implemented after the effective date of the Efficient Use of Energy Act through an approved tariff rider or in base rates, or by a combination of the two.  Program costs and incentives may be deferred for future recovery through creation of a regulatory asset.  Funding for program costs for investor-owned electric utilities shall be three percent of customer bills, excluding gross receipts taxes and franchise and right-of-way access fees, or seventy-five thousand dollars ($75,000) per customer per calendar year, whichever is less, for customer classes with the opportunity to participate.  Funding for annual program costs for gas utilities shall not exceed three percent of total annual revenues, nor shall charges exceed seventy-five thousand dollars ($75,000) per customer per calendar year.  Provided that the public utility's total portfolio of programs remains cost-effective, no less than five percent of the amount received by the public utility for program costs shall be specifically directed to energy-efficiency programs for low-income customers.  Unless otherwise ordered by the commission, a tariff rider approved by the commission shall require language on customer bills explaining program benefits.

B.   The tariff rider shall be applied on a monthly basis, unless otherwise allowed by the commission. 

C.   A tariff rider proposed by a public utility to fund approved energy efficiency and load management programs shall go into effect thirty days after filing, unless suspended by the commission for a period not to exceed one hundred eighty days.  If the tariff rider is not approved or suspended within thirty days after filing, it shall be deemed approved as a matter of law.  If the commission has not acted to approve or disapprove the tariff rider by the end of an ordered suspension period, it shall be deemed approved as a matter of law.  The commission shall approve utility reconciliations of the tariff rider annually.