New Mexico Supreme Court Upholds Community Solar Program

The New Mexico Supreme Court this week upheld the current rules for New Mexico’s community solar program and ruled in favor of the Public Regulation Commission (PRC) and a coalition of intervenor-appellees that included the Coalition for Community Solar Access (CCSA), the Coalition of Sustainable Communities New Mexico (CSCNM), City of Las Cruces, New Energy Economy and the Renewable Energy Industries Association of New Mexico. The Supreme Court’s decision means the state’s community solar program will continue to be rolled out under the PRC’s existing rules.

The community solar program rules were approved in July 2022 and quickly challenged by Xcel Energy’s regional utility operating company, Southwestern Public Service Company (SPS). In its ruling on Monday, the Supreme Court found that SPS’s appeal had no merit, authorizing community solar development to proceed without further delay.

In 2021, the Community Solar Act authorized community solar in the state by allowing homeowners, renters, and businesses to subscribe to electricity from community solar facilities, interconnected to New Mexico’s three major utility companies, including SPS. New Mexicans can save between 10 to 30% on their utility bills for being part of the program, with low-income subscribers slated to save the most.

“This decision from the New Mexico Supreme Court is monumental as we work to democratize solar energy in New Mexico,” said Kevin Cray, Mountain West Senior Director for CCSA. “This program will create a more equitable and resilient grid, enable new communities to embrace clean energy and save money for hard-working families. We look forward to working closely with our partners in the state to continue rolling out the first phase of this program and further expand it in the future so more people can access its benefits.”