Current through Register Vol. 35, No. 21, November 5, 2024
Section 17.9.590.7 - DEFINITIONSA. "Approved" or "Approval" includes, but is not limited to, affirmative action by the Commission and a filing with the Commission which becomes effective by operation of law.B. "Commission" is the New Mexico Public Service Commission [New Mexico Public Regulation Commission].C. "Economic development rate" is a rate set at a level lower than the corresponding service rate for which a participating customer would otherwise qualify.D. "Excess capacity" is the amount of generating and purchased capacity available to the supplier or to the utility which is greater than its peak load plus some fixed percentage reserve margin. The reserve margin used to determine excess capacity will be filed on an individual basis for each supplier or utility. When the utility purchases its total requirements, its excess capacity shall be that of its supplier, unless the Commission determines otherwise.E. "Incremental load" is the amount of load above some established base level for an individual customer. Incremental load shall include the total load for new customers or the additional firm load for existing customers.F. "Investment unit" is a certain percentage increase in employment or a certain dollar increase in capital investment by a customer necessary to qualify for an economic development rate. Investment units will be filed on an individual basis for each utility and may differ between urban and rural areas. Utilities served by a common supplier may coordinate their programs and if the supplier's rates to those utilities are regulated by the Commission, investment units shall be determined in accordance with such requirements as may be established by the supplier and approved by the Commission.G. "Non-participating customer" is a customer of a utility who is being charged the service rate approved by the Commission.H. "Participating customer" is a customer of a utility who otherwise qualifies for one of the utility's service rates, but who also qualifies for and has signed an agreement for an economic development rate for his incremental load.I. "Supplier", whether itself a utility or a person subject to the Commission's jurisdiction under NMSA 1978, Section 62-6-4(B), or subject to the exclusive regulation of the Federal Energy Regulatory Commission, is the person supplying wholesale service to a utility to meet all or substantially all of its requirements.J. "Utility" is every person defined as a public utility by NMSA 1978, Section 62-3-3(G).N.M. Admin. Code § 17.9.590.7