A. No later than July 1, 2011, the commission shall approve any new application for creation of a holding company filed by a public utility prior to January 1, 2011, as part of that utility's plan to offer renewable energy-related services for the residents of New Mexico; provided that the creation of the holding company shall be subject to such terms and conditions as are in the public interest. The creation of a holding company under this subsection shall not result in any loss of the commission's jurisdiction over corporate allocations to the utility or over costs that are charged to ratepayers.

B. Any order of the commission entered prior to January 1, 2011 declaring the public utility status of a person who owns or controls all or any part of any distributed generation facility and sells the electricity produced by the facility to other persons shall have no force or effect on or after May 19, 2010.

C. By December 31, 2012, the commission shall submit a report to the legislature that describes the effectiveness of the state's renewable energy distributed generation program in supporting the development of new renewable energy resources and that identifies any recommended changes to improve the program's effectiveness, consistent with the public policies declared in the Public Utility Act [Chapter 62, Articles 1 to 6 and 8 to 13 NMSA 1978]. This report shall be no more than ten pages in length.

History: Laws 2010, ch. 102, § 3 and Laws 2010, ch. 103, § 3.

Compiler's notes. — Laws 2010, ch. 102, § 3 and Laws 2010, ch. 103, § 3 enacted identical new sections, both effective May 19, 2010. The section was set out as enacted by Laws 2010, ch. 103, § 3. See 12-1-8 NMSA 1978.