At the behest of Gov. Bill Richardson, the state’s Energy, Minerals and Natural Resources Department has filed a legal brief with the Public Regulation Commission that provides a “detailed analysis” of why small solar energy developers should not be regulated in the same manner as large-scale investor-owned utilities like Public Service Company of New Mexico.
According to a statement from the governor’s office, the brief concludes such regulation would be an “incredible barrier” to the growth of the renewable energy sector in New Mexico if “third party producers” are subject to the cost and complexity of PRC regulation.
What’s a third party producer? Here’s how the governor’s office explains it:
Third party developers build and operate renewable energy generating equipment (typically solar photovoltaic, or “PV”) on premises belonging to a utility customer. The energy developer finances the cost of the generating equipment and is able to take advantage of financial incentives under federal and state laws. The energy developer then sells the electricity generated from the equipment to the customer who owns or occupies the premises.
This arrangement is beneficial for certain homeowners and small businesses who, even with net metering and state and federal incentives, cannot afford to install renewable energy generating equipment on their property. It is even more beneficial to organizations that do not qualify for state and federal incentives, such as governmental entities, schools, churches and other non-profit organizations.
“We believe strongly that the law as written does not burden third party energy developers with the regulatory framework necessary to oversee large utilities that are granted service monopolies and guaranteed rates of return on their investment,“ said Joanna Prukop, secretary of the New Mexico Energy, Minerals and Natural Resources Department.
“Unlike the utilities, these New Mexico renewable energy developers work within the framework of market forces and competition, and could move this state toward the next level of energy self-sufficiency.”