RAPID/Geothermal/New Mexico/Power Plant

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Regulatory and Permitting Information Desktop Toolkit

New Mexico Geothermal Power Plant Siting, Construction, & Regulation(7-NM)

Any developer who qualifies as a “public utility” pursuant to New Mexico law must obtain a Certificate of Public Convenience and Necessity (CPCN) from the New Mexico Public Regulation Commission (NMPRC) if they seek to provide electricity to the public. [[NMAC 17.1.2 Utility Applications | NMAC 17.1.2]]. Under the New Mexico Public Utility Act, a “public utility” is every person not engaged solely in interstate business and that may own, operate, lease or control any plant, property or facility for the generation, transmission or distribution, sale or furnishing to or for the public of electricity for light, heat or power or other uses. NMS 62-3. Developers must apply to NMPRC for a CPCN which requires extensive descriptions of the proposed project and compliance with public notice and hearing requirements. NMAC 17.1.2.9(C) and (D).

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Determine Which State and Federal Permits Apply

Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.

Permitting at a Glance

New Mexico Federal

Power Plant Siting: None Utilization Application Process
Definition for Public Utility: Every person not engaged solely in interstate business and that may own, operate, lease or control any plant, property or facility for the generation, transmission or distribution, sale or furnishing to or for the public of electricity for light, heat or power or other uses. NMS 62-3.
Coordinating Permit Offices: None
Public Utility Regulatory Authority: New Mexico Public Regulation Commission Federal Energy Regulatory Commission
Public Utility Regulatory Authority Certification MW Threshold: None
Public Utility Definition for Power Generator: Every person not engaged solely in interstate business and that may own, operate, lease or control any plant, property or facility for the generation, transmission or distribution, sale or furnishing to or for the public of electricity for light, heat or power or other uses. NMS 62-3.

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