It is the policy of the Efficient Use of Energy Act that public utilities, distribution
cooperative utilities and municipal utilities include all cost-effective energy efficiency and
load management programs in their energy resource portfolios, that regulatory
disincentives to public utility development of cost-effective energy efficiency and load
management be removed in a manner that balances the public interest, consumers'
interests and investors' interests and that the commission provide public utilities an
opportunity to earn a profit on cost-effective energy efficiency and load management
resources that, with satisfactory program performance, is financially more attractive to
the utility than supply-side resources.
History: Laws 2005, ch. 341, § 3; 2008, ch. 24, § 4.
ANNOTATIONS
The 2008 amendment, effective May 14, 2008, provided that utilities may be permitted
to earn a profit on cost-effective energy efficiency and load management resources that
are financially more attractive than supply-side resources.
Notes of Decisions
Attorney Gen. v. New Mexico Pub. Reg. Comm'n, 2011 NMSC 34 (N.M. 2011).
· cites it 2× “” When listing the requirements of the PRC under the EUEA, the Legislature explicitly directs the PRC to identify and remove disincentives to energy efficiency programs “in a manner that balances the public interest, consumers’ interests and investors’ interests.”
Attorney Gen. v. Pub. Reg. Com'n, 258 P.3d 453 (N.M. 2011).
· cites it 2× “In both the legislative findings of the EUEA, Section 62-17-2(E), and the declared policy of the EUEA, Section 62-17-3, the Legislature states that disincentives to energy efficiency programs should be removed "in a manner that balances the public interest, consumers' interests…”
N.M. Atty. Gen. v. N.M. Pub. Reg. Comm'n, 2013 NMSC 42 (N.M. 2013).
“See § 62-17-3 (2005). The EUEA acknowledges that there are regulatory disincentives that prevent public utilities from including cost-effective energy efficiency and load management programs in their energy resource portfolios.”
New Mexico Attorney Gen. v. New Mexico Pub. Reg. Comm'n, 2013 NMSC 042 (N.M. 2013).
“See § 62-17-3 (2005). The EUEA acknowledges that there are regulatory disincentives that prevent public utilities from including cost-effective energy efficiency and load management programs in their energy resource portfolios.”
Coal. for Clean Affordable Energy v. N.M. Pub. Regul. Comm'n (N.M. 2024).
· cites it 9× “” The 14 Hearing Examiner recommended that the Commission construe “remove regulatory 15 disincentives” as used in Section 62-17-5(F)(2) in harmony with identical language 16 used in Section 62-17-5(F)(1) and Section 62-17-3 to require the Commission to 17 “balance[] the public…”
Coal. for Clean Affordable Energy v. N.M. Pub. Regul. Comm'n (N.M. 2024).
· cites it 9× “” The Hearing Examiner recommended that the Commission construe “remove regulatory disincentives” as used in Section 62- 17-5(F)(2) in harmony with identical language used in Section 62-17-5(F)(1) and Section 62-17-3 to require the Commission to “balance[] the public interest,…”
Nmag v. Nmprc (N.M. 2013).
“See § 62-17-3 (2005). The EUEA acknowledges that there are regulatory disincentives that prevent public utilities from including cost-effective energy efficiency and load management programs in their energy resource portfolios.”
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