HOUSE BILL 163

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Cathrynn N. Brown

AN ACT

RELATING TO UTILITIES; ENACTING A NEW SECTION OF THE PUBLIC UTILITY ACT TO PROVIDE FOR A PUBLIC UTILITY OR A GENERATION AND TRANSMISSION COOPERATIVE TO HAVE FIRST RIGHT TO CONSTRUCT, OWN AND MAINTAIN CERTAIN TRANSMISSION FACILITIES IN A REGIONAL TRANSMISSION PLAN.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Public Utility Act is enacted to read:

     "[NEW MATERIAL] TRANSMISSION RIGHT OF FIRST REFUSAL BY PUBLIC UTILITY OR GENERATION AND TRANSMISSION COOPERATIVE.--

          A. An electric transmission facility that has been identified as being eligible for cost allocation through an approved regional planning process or has been approved for construction by a regional transmission planning authority shall be built by the public utility or generation and transmission cooperative that the transmission facility is interconnecting with if that public utility or generation and transmission cooperative elects to construct, own and maintain the approved transmission facility. If a segment of such electric transmission facility is to interconnect with two or more public utilities or generation and transmission cooperatives, the interconnecting public utilities or generation and transmission cooperatives shall determine who shall build, own and maintain such segment of the transmission facility or portions of the segment, and if no such determination can be made, then each public utility or generation and transmission cooperative shall build, own and maintain its respective interconnection facilities and its equal share of the segment. The public utility or generation and transmission cooperative shall give notice to the commission, in writing, within sixty days of informing the regional transmission planning authority that it exercises its right under this section to construct, own and maintain the approved transmission facility.

          B. As used in this section:

                (1) "electric transmission facility" and "transmission facility" mean an electric transmission line and associated facilities designed for or capable of operations at a nominal voltage of sixty-nine kilovolts or more that will interconnect with transmission facilities owned or operated by a public utility or a generation and transmission cooperative;

                (2) "generation and transmission cooperative" has the meaning defined in Subsection E of Section 62-6-4 NMSA 1978;

                (3) "public utility" has the meaning defined in Subsection G of Section 62-3-3 NMSA 1978; and

                (4) "regional transmission planning authority" means a regional transmission organization, or independent system operator, with federally registered regional transmission planning authority, or an entity with similar function that produces a federally accepted regional transmission plan."

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