BEFORE THE NEW MEXICO PUBLIC REGULATION COMMISSION

IN THE MATTER OF AMENDING RULE 17.9.572 NMAC, RENEWABLE ENERGY FOR ELECTRIC UTILITIES.

) ) ) ) _________________________________________ )

Case No. 13-00152-UT

ORDER GRANTING REHEARING THIS MATTER comes before the New Mexico Public Regulation Commission (the Commission) upon New Mexico Independent Power Producers Motion For Rehearing of Final Orders (NMIPPs Motion) filed December 20, 2013. Whereupon, being sufficiently informed, THE COMMISSION FINDS AND CONCLUDES: 1. On November 20, 2013, the Commission issued Final Order Amending Rule

17.9.572 NMAC: Renewable Energy for Electric Utilities (the November 20 Order). 2. On December 18, 2013, pursuant to its own motion, the Commission issued

Final Order on Rehearing, (the December 18 Order) to clarify and revise the amendments to Rule 17.9.572 NMAC that were adopted by the November 20 Order. 3. NMIPPs Motion requests a rehearing of both the November 20 Order and the

December 18 Order. 4. NMIPPs Motion was brought pursuant to NMSA 1978, Section 62-10-16 (1941)

and Rule 1.2.2.37 NMAC. However, pursuant to Rule 1.2.2.2 NMAC (titled Scope), Rule 1.2.2.37 NMAC and the other portions of Rule 1.2.2 NMAC do not apply to rulemakings. 5. Pursuant to Section 62-10-16, the Commission must grant or deny NMIPPs

Motion by January 9, 2014, or it is denied by operation of law.

Order Granting Rehearing Case No. 13-00152-UT Page 1 of 3

6.

NMIPPs Motion raises issues that deserve further discussion and consideration

by the Commission. Therefore, the Commission should grant NMIPPs Motion. 7. Pursuant to Section 62-10-16, motions for rehearing in this case may be filed up

to and including January 21, 2014. The Commission should address any timely motions for rehearing and any responses to those motions, preferably in one order to conserve administrative resources. 8. The Commission should order that the granting of NMIPPs Motion is not a

ruling on the merits of NMIPPs Motion. 9. case. IT IS THEREFORE ORDERED: A. GRANTED. B. NMIPPs Motion. C. The Commission shall address all motions for rehearing filed up to and The granting of NMIPPs Motion shall not be a ruling on the merits of New Mexico Independent Power Producers Motion for Rehearing is The Commission has jurisdiction over the parties and the subject matter of this

including January 21, 2014, and shall also address any responses to those motions for rehearing. D. E. The Commission will issue further orders as it finds necessary. This Order shall be served on all persons on the attached Certificate of

Service via email if their email addresses are known, and if not known, via regular mail. F. This Order is effective immediately.

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ISSUED under the Seal of the Commission at Santa Fe, New Mexico, this 8th day of January, 2014.

NEW MEXICO PUBLIC REGULATION COMMISSION

KAREN L. MONTOYA, COMMISSIONERDISTRICT 1

PATRICK H. LYONS, COMMISSIONERDISTRICT 2

VALERIE ESPINOZA, COMMISSIONERDISTRICT 3

THERESA BECENTI-AGUILAR, COMMISSIONERDISTRICT 4

BEN L. HALL, COMMISSIONERDISTRICT 5

Order Granting Rehearing Case No. 13-00152-UT Page 3 of 3