2006 New Mexico Statutes - Section 62-17-5 — Commission; energy efficiency and load management programs.

62-17-5. Commission; energy efficiency and load management programs.

A.     Pursuant to the findings and purpose of the Efficient Use of Energy Act, the commission shall consider public utility investments in cost-effective energy efficiency and load management to be an acceptable use of ratepayer money.

B.     The commission shall direct public utilities to evaluate and implement cost-effective programs that reduce energy demand and consumption.

C.     Before the commission approves an energy efficiency and load management program for a public utility, it must find that the portfolio of programs is cost-effective and designed to provide every affected customer class with the opportunity to participate and benefit economically.  The commission shall determine the cost-effectiveness of energy efficiency and load management measures using the total resource cost test.

D.     The commission shall act expeditiously on public utility requests for approval of energy efficiency or load management programs.

E.     Public utilities shall obtain commission approval of energy efficiency and load management programs before they are implemented.  Public utilities proposing new energy efficiency and load management programs shall, before seeking commission approval, solicit non-binding recommendations on the design and implementation of the programs from commission staff, the attorney general, the energy, minerals and natural resources department and other interested parties.

F.     The commission shall identify any disincentives or barriers that may exist for public utility expenditures on energy efficiency and load management and, if found, ensure that they are eliminated in order that public utilities are  financially neutral in their preference for acquiring demand or supply-side utility resources.