N.M. Admin. Code § 17.7.2.15

Current through Register Vol. 35, No. 21, November 5, 2024

Section 17.7.2.15 - MEASUREMENT AND VERIFICATION

A. Every energy efficiency and load management program shall be independently evaluated at least every three years. Every year, a public utility shall submit to the commission a comprehensive measurement, verification and program evaluation report prepared by an independent program evaluator.

(1) The independent program evaluator shall, at a minimum determine and verify energy and demand savings;

(a) determine and verify energy and demand savings;

(b) determine program cost effectiveness by applying the monetary values contained in the utility's approved plan year application;

(c) assess the public utility's performance in implementing energy efficiency and load management programs;

(d) assess whether the utility has failed to meet its requirements under the Efficient Use of Energy Act or has not operated in good faith;

(e) provide recommended improvements on program performance for commission directed modification;

(f) confirm that commission approved measures and programs were installed or implemented, meet reasonable quality standards, and are operating fully and correctly;

(g) utilize applicable international performance measurement and verification protocols, describe any deviation from those protocols, and explain the reason for that deviation; and

(h) fulfill any other measurement and verification statutory requirements not specifically delineated herein.

(2) The public utility shall cooperate with the independent program evaluator and commission staff in making information and personnel available to facilitate the independent program evaluator's proper evaluation of each public utility and completion of a comprehensive measurement, verification and program evaluation report.

B. The commission, through its staff, will select and direct an independent program evaluator to prepare and submit a comprehensive measurement, verification and program evaluation report to the commission. Staff, to fulfill its obligation under Subsection B of this Section, may consult with public utilities and other interested parties.

C. Staff shall:

(1) undertake a competitive bid process and abide by state purchasing rules and commission policies in selecting a sole independent program evaluator to evaluate public utility compliance with the Efficient Use of Energy Act;

(2) develop a request for proposals ("RFP"), including the scope, terms of work, and evaluation process to score the RFP responses;

(3) receive, review, score and rank the RFP responses;

(4) subsequently rank and recommend competitive qualified bidders to the commission;

(5) negotiate a contract with the competitive bidder awarded the contract; and

(6) administer the contract, including: confirming that contract deliverables are met, reviewing invoices and related contract performance, and approving utility invoices after staff's review and approval.

D. Funding for services of the independent program evaluator's completion of a comprehensive measurement and verification report will be paid initially by the public utility and treated as a regulatory asset; to be recovered through rates established in the public utility's next general rate proceeding.

E. Self-direct measures, programs, expenditures, credits and exemptions shall be evaluated and reported in the utility's annual report by the independent program evaluator using the same measurement and verification standards applied to utility measures and programs by the utility or commission-approved self-direct program administrator.

F. Upon written request by the large customer, the information provided by large customers to the utility or program administrator, program evaluator, or others, shall remain confidential except as otherwise ordered by the commission.

G. The commission may require other information.

N.M. Admin. Code § 17.7.2.15

17.7.2.15 NMAC - Rp, 17.7.2.14 NMAC, 5-3-10, Adopted by New Mexico Register, Volume XXV, Issue 24, December 30, 2014, eff. 1/1/2015, Adopted by New Mexico Register, Volume XXVIII, Issue 18, September 26, 2017, eff. 9/26/2017