Positive Energy: Las Cruces Branch

2050 W. Hadley Avenue, Suite B
Las Cruces, NM  88007

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575-524-2030

Our office is on the north side of Hadley Ave., just west of 17th St.  Look for the PV array on the front of the building!

Regulatory News for Southern New Mexico (updated January 2010)

El Paso Electric has proposed to lower the REC incentive for homeowners with PV systems from $0.13/kWh to $0.10/kWh.  Mark Westbrock, Manger of Positive Energy's Las Cruces branch, is intervening in the case.  This site will be updated with new developments in the case.

12/22/2009

The Commission voted and issued their Final Order in the case.  Of note:

1. The REC incentive for Small PV systems (<10 kW) shall be $0.12/kWh)

2. Mark Westbrock's Exception #3 is granted in part.  There shall be no capacity limit for the Medium PV System REC program (10-100 kW) that is based on historic demand.  REC payments shall be made only for generated energy up to the actual usage of the building.  The REC incentive for the Medium program is $0.155/kWh.

3. Mark Westbrock's Exception #2 is granted in part.  If a homeowner with a PV system sells their home, the new home and PV system owner may opt in to the original terms of the REC contract.

Final Order (pdf)

12/3/2009

Mark Westbrock filed his Exceptions to the Recommended Decision:

"1. The RD’s use of an installed cost from a single vendor to calculate the REC incentive for EPE’s Small Solar REC Program is inappropriate.

 2. The RD’s assertion that my proposed tariff changes are beyond the scope of this proceeding is unreasonable.

11/24/2009

The Hearing Examiner in the case filed her Recommended Decision.  Among her recommendations:

1. EPE's Motion to Strike Mark Westbrock's Proposed Findings and Conclusions was denied

2. The REC incentive for small PV systems shall be calculated in such a way that results in an incentive of $0.112/kWh.

3.  Mark Westbrock's request that REC contracts shall be transferable to the subsequent owner of a home was denied for being "beyond the scope of this proceeding".

4. Mark Westbrock's request that REC contracts shall remain valid if a PV system owner expands their system was denied for being "beyond the scope of this proceeding".

5. Mark Westbrock's request that the capacity limit for the Medium PV REC program be based on actual energy usage rather than historical power demand is denied.

Hearing Examiner's Recommended Decision (pdf) 

10/29/2009

EPE filed an objection to Mark Westbrock's Proposed Findings and Conclusions.  The Company moved to strike the entire filing of the only intervenor in the case.

EPE's Objection (pdf)

10/20/2009

All parties in the case have submitted their proposed conclusions in the case.  The PRC staff agreed to the Proposed Recommended Decision of EPE, without changes, even though EPE's analyses to come up with the lower incentive were flawed.  PRC Staff found that lowering the incentive will put the payback time for a PV system at 16 years, although the PRC ruled in last year's case that 12 years was the appropriate payback goal.  

 Proposed Findings and Conclusions in EPE Renewable Energy Procurement Plan case 2009 (pdf)