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New Mexico Certificate of Public Convenience and Necessity (8-NM-c)

The New Mexico Public Regulation Commission (NMPRC) has authority over the siting of high voltage transmission lines in the state. If the developer is a “public utility,” it must obtain a Certificate of Public Convenience and Necessity (CPCN) from the NMPRC before commencing construction. NM Stat. 62-9-1(A).

Certificate of Public Convenience and Necessity Process

8-NM-c.1 to 8-NM-c.3– Is the Developer a “Public Utility?”

“Public utility” is defined, in part, as “every person not engaged solely in interstate business, and…that may own, operate, lease or control…any plant, property or facility for the…transmission …of electricity. NM Stat. 62-3-3(G)(1). Developers falling under the definition of “public utility” must obtain CPCN prior to construction.

Certificate of Public Convenience and Necessity:

Developers who are not “public utilities,” although exempt from the CPCN requirement, must comply with local government planning and zoning processes. NM Stat. 62-9-3(B) and (G).

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