N.M. Admin. Code § 17.9.592.15

Current through Register Vol. 35, No. 23, December 10, 2024

Section 17.9.592.15 - SAFE HARBOR

A. The following shall be considered additions to, or modifications of, an existing plant or transmission line for which, under Subsection D of Section 62-9-3 NMSA 1978, no location approval is required. The "existing right-of-way" shall relate to the existing plant's or existing transmission line's existing right-of-way and shall be in place at the time that the safe harbor claim is made.

(1) Maintenance, repairs, and rebuilding, such as phase raising, installation of clearance improvements, replacement or reframing of structures, or line reconductoring entirely within the existing right-of-way.

(2) Addition of circuits or placement of additional structures; for transmission lines these shall be entirely within the existing right-of-way or entirely within 1,200 feet of the existing right-of-way not adjacent to a developed residential, commercial, or industrial area.

(3) Voltage upgrades to a transmission line for which location approval at the upgraded voltage level has already been granted, or voltage upgrades to a transmission line for which the commission by written order has determined that location approval is not required.

(4) Emergency construction due to facilities being out of service or where a failure of a facility is imminent, so long as construction remains entirely within the existing right-of-way or entirely within 1,200 feet of the existing right-of-way not adjacent to a developed residential, commercial, or industrial area.

(5) Construction of a tap line to a new terminus, both of which are entirely within the existing right-of-way or entirely within 1,200 feet of the existing right-of-way not adjacent to a developed residential, commercial, or industrial area.

(6) Replacements to transmission-related electrical stations located entirely within the existing right-of-way or entirely within 1,200 feet of such electrical stations not adjacent to a developed residential, commercial, or industrial area.

(7) Erection of temporary facilities for 12 months or less entirely within the existing right-of-way or entirely within 1,200 feet of the existing right-of-way not adjacent to a developed residential, commercial, or industrial area.

B. Notwithstanding the foregoing provisions, if new or replacement conductors, or new or replacement structures will extend for a distance of over one mile in length for a transmission line, the following requirements shall apply so long as they can be accomplished at reasonable additional cost:

(1) to the extent commercially available, non-specular conductors shall be used in any developed or trafficked areas, unless they pose a significant threat to avian populations; and

(2) structures shall be consistent with, and minimize visual impacts to, the landscape of the area in which the structure is constructed: rural, urban, or industrial.

C. Prior to any person constructing, modifying, or adding to plants, facilities, or transmission lines that require location control under Section 62-9-3 NMSA 1978 on land owned or controlled by a federally recognized American Indian tribe, or on land contiguous to such tribal land, that person shall consult with the tribe that owns or controls that land regarding the location of the construction. This required consultation is in addition to meeting the requirements of both Section 62-9-3 NMSA 1978 and this rule.

D. At least 120 days before a person commences any activity or installation not listed in Paragraphs (1) to (7) of Subsection A of Section 15 of 17.9.592 NMAC above, that person (the petitioner) shall file with the commission a petition requesting that the commission determine whether location approval is required. The petitioner shall serve a copy of the petition on:

(1) all landowners whose land is adjacent to, or encompassed by, the location of the proposed activity or installation; and

(2) all parties in the public utility's last rate case, if the petitioner is a public utility.

E. Public utilities that claim safe harbor for any extensions, system improvements, repairs or replacements, or additions, pursuant to Paragraphs (1) to (7) of Subsection A of Section 15 of 17.9.592 NMAC above, that has an estimated cost to the utility under the uniform system of accounts of $1,000,000 or more on a total company basis and for which the utility intends to seek rate recovery from its New Mexico customers, regardless of the location, shall file a "440 report" with the commission pursuant to Subparagraph (e) of Paragraph (1) of Subsection A of 17.5.440.8 NMAC.

F. Commission staff shall, and any interested party who files a motion to intervene may, file a response to the petition within 45 days of its filing with the commission. If the commission does not act on the petition within 100 days from the date the petition was filed with the commission, the facilities that are the subject of the petition shall be deemed to be additions to, or modifications of, an existing plant or transmission line for the purposes of Subsection D of Section 62-9-3 NMSA 1978, for which location approval shall not be required . The commission's lack of action on a petition within the 100 day period shall not affect any requirement to obtain a certificate of public convenience and necessity pursuant to Section 62-9-1 NMSA 1978.

N.M. Admin. Code § 17.9.592.15

17.9.592.15 NMAC - N, 8-31-11, Amended by New Mexico Register, Volume XXXIII, Issue 24, December 27, 2022, eff. 12/27/2022