Fuel Mix and Emissions Disclosure

Summary

The adoption of disclosure rules has been delayed, as the state legislature voted in early 2001 (SB 266) to delay restructuring until 2007. As part of New Mexico’s Electric Utility Industry Restructuring Act of 1999, the legislature requires the NM Public Regulation Commission (PRC) to "promulgate rules governing competitive electric suppliers for the protection of customers, including required disclosure to a potential customer of unbundled prices, generation sources and fuel mix, and associated emissions." In May 2000, the PRC issued proposed rules that would require environmental disclosure in a standard format at least once a year. The proposed rules would require information on fuel mix to be compared to the national and regional averages, based on data available for the most recent calendar year, except in some circumstances in which forecasted data could be used. Emissions of carbon dioxide, sulfur dioxide, nitrogen oxides, and mercury would be compared to the regional and national averages. The amount of spent nuclear fuel generated would also be disclosed. In all advertisements, competitive suppliers would be required to include a toll free number and an Internet address through which customers could obtain the disclosure label. Beginning in May 2003, competitive suppliers would be required to file an annual reconciliation report verified by affidavit.