NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.



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F I S C A L I M P A C T R E P O R T



SPONSOR: Lujan DATE TYPED: 02/15/00 HB 368/aHBIC
SHORT TITLE: Electric Generation/Transmission Cooperatives SB
ANALYST: Valenzuela

APPROPRIATION



Appropriation Contained
Estimated Additional Impact
Recurring

or Non-Rec

Fund

Affected

FY00 FY01 FY00 FY01

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)



SOURCES OF INFORMATION



LFC Files

Public Regulation Commission (PRC)



SUMMARY



Synopsis of HBIC Amendment



The House Business and Industry Committee (HBIC) amendment to House Bill 386 inserts a limited rate regulatory framework into the bill. The essence of the framework is that consumer-owned utility cooperatives would be required to submit an "advice notice" to the Public Regulation Commission (PRC) and to all member utilities, which detail a proposed rate structure. Additionally, the amendment outlines the procedure for member utilities to protest another member utility's rate structure and sets criteria to be met before the PRC intervenes to establish a rate structure for a consumer-owned public utility. Generally, the amendment encourages member utilities to work out their differences before bringing the issue to the PRC, and it also requires a minimum of three member utilities to protest before PRC will take action.



Synopsis of Bill



House Bill 368 proposes amendments to Section 62-6-4 of the Public Utility Act. The amendments would remove from regulation of rates, service, securities and diversification activities of generation and transmission cooperatives as defined by the Electric Utility Industry Restructuring Act of 1999.



Significant Issues



New Mexico is one of only eight states, which regulate the rates and services of member-owned generation and transmission electric cooperatives. The principal provider of electric services in rural New Mexico is Plains Electric Generation and Transmission Cooperative, which is a not-for-profit member-owned provider. Plains is currently in the process of merging with Tri-state Generation and Transmission Association, who currently operates in three neighboring states. These states do not regulate rates and services for Tri-state.



FISCAL IMPLICATIONS



House Bill 368 does not contain an appropriation and would not have an additional impact. In fact, removing generation and transmission cooperatives would reduce the workload for the Public Regulation Commission.



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