0001|                          SENATE MEMORIAL 30
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                          JOHN ARTHUR SMITH
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0005|     
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0006|                                   
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0007|     
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0008|     
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0009|     
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0010|                              A MEMORIAL
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0011|     DECLARING THE INTENT OF THE SENATE REGARDING IMPLEMENTATION OF
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0012|     RETAIL ELECTRIC COMPETITION.
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0013|     
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0014|          WHEREAS, the legislature has been studying retail
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0015|     electric competition since 1993 to determine if its
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0016|     implementation in New Mexico is in the public interest; and
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0017|          WHEREAS, in 1996 the legislature unanimously adopted
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0018|     Senate Joint Memorial 42, which declared that retail electric
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0019|     competition was not at that time in the public interest of the
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0020|     state, but directed the New Mexico public utility commission
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0021|     to study and monitor developments nationally and report back
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0022|     to the legislature during the 1997 session; and
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0023|          WHEREAS, the commission issued a report for the 1998
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0024|     session that it believes that implementation of retail
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0025|     electric competition is now in the public interest; and
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0001|          WHEREAS, the implementation of retail electric
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0002|     competition requires the addressing of numerous interrelated
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0003|     and complex issues that cannot be adequately resolved; and
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0004|          WHEREAS, the commission is without the requisite
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0005|     statutory authority to mandate retail electric competition;
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0006|          NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE
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0007|     OF NEW MEXICO that it be the declared intent of the senate to
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0008|     address retail electric competition through legislation in the
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0009|     1999 legislative session in a manner that is consistent with
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0010|     the principles articulated in Senate Joint Memorial 42, passed
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0011|     in 1996, with an effective date for customer choice no earlier
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0012|     than January 1, 2001; and
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0013|          BE IT FURTHER RESOLVED that the senate determine whether
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0014|     retail electric competition should begin before the operation
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0015|     of New Mexico transmission systems is transferred to an
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0016|     independent system operator approved by the federal energy
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0017|     regulatory commission and the system is operational; and
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0018|          BE IT FURTHER RESOLVED that neither the New Mexico public
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0019|     utility commission nor its successor agency as of January 1,
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0020|     1999, the public regulation commission, take any steps in
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0021|     furtherance of requiring retail electric competition until the
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0022|     legislature provides the necessary statutory authority; and
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0023|          BE IT FURTHER RESOLVED that a copy of this memorial be
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0024|     transmitted to the New Mexico legislative council, the New
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0025|     Mexico public utility commission and the public regulation
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0001|     commission when it commences operations.
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0002|                                  
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