N.M. Admin. Code § 17.7.430.6
NMPSC Rule 430 [17.7.430 NMAC] is promulgated pursuant to Section 215(c)(1)(C) of the National Energy Conservation Policy Act, Public Law 95-619, 92 Stat. 3206, November 9, 1978, 42 USC Section 8201 et. seq. (NECPA). NECPA requires the establishment of utility programs to encourage and facilitate the installation of energy conservation measures and renewable resource measures. Administration of utility programs is overseen by the New Mexico Energy, Minerals and Natural Resources Department, which has promulgated a New Mexico Residential Conservation Service Plan approved by the U.S. Department of Energy. The New Mexico Public Service Commission [New Mexico Public Regulation Commission] is charged with determining whether utility programs carried out under Section 215(b) of NECPA should be treated as a current expense of providing utility service and charged to all ratepayers of a utility in the same manner as current operating expenses of providing utility service, or charged to the residential customer for whom the activity is performed. Section 215(c)(1)(C). The purpose of NMPSC Rule 430 [17.7.430 NMAC] is to require that all costs incurred by a utility under Section 215(b) of NECPA be treated as a current expense charged to all ratepayers.
N.M. Admin. Code § 17.7.430.6