On April 18, 2024, the New Mexico Public Regulation Commission issued an order partially granting a petition from PPC New Energy, Chaberton Energy, and Prosperity Works.
Based on the order, the Program Administrator will apply the following criteria for selecting community solar projects from the waitlist, applying the 20% developer cap, and reallocating freed-up capacity.
- A selected or waitlisted project may not increase its size for any reason, even if the project downsized previously.
- A selected or waitlisted project may downsize with approval from the Program Administrator. The Subscriber Organization (SO) should email the Program Administrator with the request and include the following: (1) the bid ID, (2) the new size, (3) the reason for downsizing, (4) any significant changes to the project that would result from the downsizing, and (5) any impacts that the downsizing would have upon the features of the project that are pertinent to the scoring and ranking of the project. In appropriate instances, the Program Administrator may instruct the SO to file a petition with the Commission for a ruling on its request to downsize.
- When a selected project downsizes or withdraws, the freed-up capacity is added to any available capacity for the relevant utility’s waitlist.
- When additional capacity becomes available for a given utility’s waitlist, the Program Administrator will start at the top of the waitlist and contact the first project on the waitlist that does not exceed the 20% developer cap regardless of the available capacity.
- If sufficient capacity is not available to select that project at its waitlisted size, the project will be given the option to downsize to fit the available capacity. If the project chooses not to downsize, the project will not be skipped, it will remain in its current position on the waitlist, and no further action will be taken on that utility’s waitlist until additional capacity is freed up.
- Waitlisted projects and the 20% developer cap:
- A waitlisted project that exceeds the 20% developer cap may be selected only if at least one other selected project from the same developer or its affiliates withdraws or downsizes, ensuring that selection of the waitlisted project at its waitlisted size would not exceed the 20% developer cap.
- A waitlisted project that exceeds the 20% developer cap at its waitlisted size may not downsize to avoid exceeding the 20% developer cap.
- The 20% developer cap is evaluated based on project ownership information submitted during the bidding process.
- When selecting a project from the waitlist, the Program Administrator will notify the SO of each project that was skipped because selection of those projects would exceed the 20% developer cap.
Please reach out to the Program Administrator at [email protected] or 877-794-0109 with any questions.

