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2012 Earnings Guidance Presentation December 9, 2011

2012 Earnings Guidance Presentation - PNM Resources/media/Files/P/PNM-Resources/ev… · Guidance Presentation December 9, 2011 . Safe Harbor Statement Statements made in this news

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Page 1: 2012 Earnings Guidance Presentation - PNM Resources/media/Files/P/PNM-Resources/ev… · Guidance Presentation December 9, 2011 . Safe Harbor Statement Statements made in this news

2012 Earnings Guidance Presentation

December 9, 2011

Page 2: 2012 Earnings Guidance Presentation - PNM Resources/media/Files/P/PNM-Resources/ev… · Guidance Presentation December 9, 2011 . Safe Harbor Statement Statements made in this news

Safe Harbor Statement

Statements made in this news release that relate to future events or PNM Resources’, Public Service Company of New Mexico’s (“PNM”), or Texas-New Mexico Power Company’s (“TNMP”) (collectively, the “Company”) expectations, projections, estimates, intentions, goals, targets, and strategies, are made pursuant to the Private Securities Litigation Reform Act of 1995. Readers are cautioned that all forward-looking statements are based upon current expectations and estimates and PNM Resources, PNM, and TNMP assume no obligation to update this information. Because actual results may differ materially from those expressed or implied by these forward-looking statements, PNM Resources, PNM, and TNMP caution readers not to place undue reliance on these statements. PNM Resources’, PNM’s, and TNMP’s business, financial condition, cash flow, and operating results are influenced by many factors, which are often beyond their control, that can cause actual results to differ from those expressed or implied by the forward-looking statements. These factors include: the ability of PNM and TNMP to recover their costs and earn their allowed returns in their regulated jurisdictions; the ability of the Company to successfully forecast and manage its operating and capital expenditures, particularly in the context of a future test year rate case with respect to PNM; the performance of state, regional, and national economies and the resulting impacts on the electricity usage of the Company’s customers; the performance of generating units, including the Palo Verde Nuclear Generating Station (“PVNGS”), the San Juan Generating Station (“SJGS”), and the Four Corners Plant, transmission systems, and distribution systems, which could be negatively affected by major equipment failures, major weather disruptions, disruptions in fuel supply, cyber and physical security breaches, and other significant operational issues; state and federal regulation or legislation relating to climate change, reduction of greenhouse gas emissions, coal combustion byproducts, nitrogen oxides, and other power plant emissions, including the risk that the Company may have to commit to substantial capital investments and additional operating costs to comply with new environmental requirements, including possible future requirements to address regional haze regulations and related best available retrofit technology requirements and concerns about global climate change, and the resultant impacts on the operations and economic viability of generating plants in which PNM has interests; uncertainties surrounding the mine fire incident at the mine supplying coal to SJGS, including potential impacts on the operations of SJGS, the costs of fuel, and the cap on the annual amounts recoverable through PNM's fuel and purchase power adjustment clause (“FPPAC”); state and federal regulatory, legislative, and judicial decisions and actions, including the outcomes of PNM’s pending transmission and firm requirements power rate cases and appeals of prior regulatory proceedings; uncertainty surrounding the status of PNM’s participation in jointly-owned generation projects resulting from the scheduled expiration of the operational documents for the projects beginning in 2016 and potential changes in the objectives of the participants in the projects; uncertainty regarding the requirements and related costs of decommissioning power plants owned or partially owned by PNM and coal mines supplying certain PNM power plants, as well as the ability to recover decommissioning costs from customers; financial and operational risks at PVNGS relating to any increased regulatory review and actions in response to the events at the Fukushima Daiichi Nuclear Power Plant in Japan; the risk that recently enacted reliability standards regarding available transmission capacity may reduce certain PNM transmission rights used to transmit its generation resources and provide access to transmission customers resulting in a need to purchase additional transmission capacity, reduce sales of transmission capacity, or operate generation facilities less economically; the risks associated with completion of generation, transmission, distribution, and other projects, including construction delays and unanticipated cost overruns; the ability of PNM to successfully defend the utilization of a future test year in its electric rate filings with the New Mexico Public Regulation Commission (“NMPRC”), including PNM’s ability to withstand challenges by regulators and intervenors; the ability of PNM to meet the renewable energy requirements established by the NMPRC, including the resource diversity requirement, within the specified cost parameters; the risk that replacement power costs incurred by PNM related to not meeting the specified capacity factor for its generating units under its Emergency FPPAC will not be approved by the NMPRC; the risk that PNM may not be able to recover a portion of the increased costs of rights-of-way renewals on Native American lands through rates charged to transmission customers; conditions affecting the Company’s ability to access the financial markets, including disruptions in the credit markets and actions by ratings agencies affecting the Company’s credit ratings; the potential unavailability of cash from PNM Resources’ subsidiaries due to regulatory, statutory, or contractual restrictions; the impacts of decreases in the values of marketable equity securities on the trust funds maintained to provide nuclear decommissioning funding and pension and other postretirement benefits, including the levels of funding and expense; the impacts of the true-up of the purchase price for the sale of First Choice Power to the actual amounts of certain components of working capital at closing; changes in the Electric Reliability Council Of Texas protocols; collections experience; fluctuations in interest rates; weather; water supply; changes in fuel costs; availability of fuel supplies; the effectiveness of risk management and commodity risk transactions; seasonality and other changes in supply and demand in the market for electric power; the impact of mandatory energy efficiency measures on customer energy usage; variability of wholesale power prices and natural gas prices; volatility and liquidity in the wholesale power markets and the natural gas markets; uncertainty regarding the ongoing validity of government programs for emission allowances; changes in the competitive environment in the electric industry; the outcome of legal proceedings; the extent of insurance coverage available for claims made in litigation; and changes in applicable accounting principles.

Non-GAAP Financial Measures

For an explanation of the non-GAAP financial measures that appear on certain slides in this presentation (ongoing earnings, ongoing earnings per diluted share, and ongoing EBITDA), as well as a reconciliation to GAAP measures, please refer to the Company's website as follows: http://www.pnmresources.com/investors/results.cfm

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Page 3: 2012 Earnings Guidance Presentation - PNM Resources/media/Files/P/PNM-Resources/ev… · Guidance Presentation December 9, 2011 . Safe Harbor Statement Statements made in this news

Opening Remarks & Overview Pat Vincent-Collawn

President and CEO

Page 4: 2012 Earnings Guidance Presentation - PNM Resources/media/Files/P/PNM-Resources/ev… · Guidance Presentation December 9, 2011 . Safe Harbor Statement Statements made in this news

Strategic Direction

Hybrid Utility

Exit Competitive

Business

Regulated Utility

Strategic Goals

Earn Authorized Return on our

Regulated Businesses

Continue to Improve Credit Ratings

Provide Top Quartile

Total Return

Repositioned as Strong Regulated Utility

4

Page 5: 2012 Earnings Guidance Presentation - PNM Resources/media/Files/P/PNM-Resources/ev… · Guidance Presentation December 9, 2011 . Safe Harbor Statement Statements made in this news

Regulatory Environment

New Mexico Current effort in the state to reform the New Mexico Public

Regulation Commission (NMPRC) Douglas Howe appointed to the NMPRC by Gov. Martinez in

November to serve the remainder of Jerome Block’s term Texas Rolando Pablos appointed to the Public Utility Commission

of Texas (PUCT) by Gov. Perry in September Distribution Cost of Service rule approved by PUCT in

September 2011 Rulemaking is pending

5

Page 6: 2012 Earnings Guidance Presentation - PNM Resources/media/Files/P/PNM-Resources/ev… · Guidance Presentation December 9, 2011 . Safe Harbor Statement Statements made in this news

Regulatory Case Update

PNM FERC transmission case • Implemented rates June 1, subject to refund • Filed supplemental testimony on September 12 • Expect administrative law judge opinion by July 2012

PNM FERC generation case • Amended sale agreement with Navopache Electric Cooperative filed with FERC

on September 15 proposing cost of service rates • Proposed rates to be implemented April 14, 2012, subject to refund

PNM Renewable rate rider case • Plan to file with NMPRC in December 2011 • Seek recovery on 22MWs solar, solar power/battery-storage project and RECs

Future-Test-Year rulemaking • Working with key parties • Planning to file proposal by the end of January 2012

TNMP TCOS Filings • Plan to file twice in 2012

6

Page 7: 2012 Earnings Guidance Presentation - PNM Resources/media/Files/P/PNM-Resources/ev… · Guidance Presentation December 9, 2011 . Safe Harbor Statement Statements made in this news

Economic Conditions

Employment growth continues in both TX and NM • Unemployment rates remain below

national levels

2012 retail load at PNM and TNMP is expected to continue to grow

(1)

8,200

8,400

8,600

8,800

9,000

2008 2009 2010 2011E 2012E

GWh PNM 2012 Load Growth .5% - 1.5%

(2)

4,900

5,000

5,100

5,200

5,300

2008 2009 2010 2011E 2012E

GWh TNMP

(2)

2012 Load Growth .5% - 1.5%

(1) Weather-normalized and adjusted for leap year (2) Assumes mid-point of range

7 -5%

-4%

-3%

-2%

-1%

0%

1%

2%

3%

4%

5%

Nov-09 Jan-10 Mar-10 May-10 Jul-10 Sep-10 Nov-10 Jan-11 Mar-11 May-11 Jul-11 Sep-11

Employment Growth Rates (year over year)

New Mexico Texas

Page 8: 2012 Earnings Guidance Presentation - PNM Resources/media/Files/P/PNM-Resources/ev… · Guidance Presentation December 9, 2011 . Safe Harbor Statement Statements made in this news

2012 Guidance Chuck Eldred

Executive Vice President and CFO

Page 9: 2012 Earnings Guidance Presentation - PNM Resources/media/Files/P/PNM-Resources/ev… · Guidance Presentation December 9, 2011 . Safe Harbor Statement Statements made in this news

Guidance (Ongoing)

$1.20 Consolidated EPS $1.32

PNM

$1.08 - $1.15

TNMP

$0.28 - $0.32

Corp/Other

($0.16) – ($0.15)

$1.00 Consolidated EPS $1.05

2011 Guidance Range

2012 Guidance Range

9

EPS growth of 20% - 26%

Page 10: 2012 Earnings Guidance Presentation - PNM Resources/media/Files/P/PNM-Resources/ev… · Guidance Presentation December 9, 2011 . Safe Harbor Statement Statements made in this news

2011E – 2012E Key Performance Drivers Year-over-Year

∆ EPS

Retail rate relief $0.29

O&M Reductions $0.09

Load growth $0.03 - $0.07

FERC generation rate relief (1) $0.00 - $0.05

FERC transmission rate relief (1) $0.00 - $0.02

Outage Costs ($0.03)

Palo Verde Unit 3 market price $(0.04) - $(0.03)

Interest $(0.03) - $(0.02)

2011 weather ($0.06)

2011 PV Nuclear Decommissioning Trust ($0.07)

Share repurchase $0.11 - $0.12

2010 2011E 2012E

$0.58 $0.72 - $0.75 $1.08 - $1.15 PNM EPS

2012 EPS Guidance (Ongoing)

(1) Range is based on pending rate increases, where the lower end of the range reflects 0% rate relief and the upper end of the range reflects 100% rate relief for the Navopache contract (partial year April implementation) and FERC Transmission 10

Page 11: 2012 Earnings Guidance Presentation - PNM Resources/media/Files/P/PNM-Resources/ev… · Guidance Presentation December 9, 2011 . Safe Harbor Statement Statements made in this news

$0.17

2010 2011E 2012E

$0.28 - $0.32 $0.28 - $0.30

TNMP EPS

2011E – 2012E Key Performance Drivers Year-over-Year

∆ EPS

Load growth $0.01 - $0.02

Rate relief $0.02

2011 weather ($0.06)

Share repurchase $0.03 - $0.04

2012 EPS Guidance (Ongoing)

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Page 12: 2012 Earnings Guidance Presentation - PNM Resources/media/Files/P/PNM-Resources/ev… · Guidance Presentation December 9, 2011 . Safe Harbor Statement Statements made in this news

2012 Rate Base Mid Point Projections

% of Rate Base

Projected 2012 Avg. Rate Base

(In millions) Equity

2012 Rate Base Return to Achieve Mid Point of

Guidance Range

Mid Point Guidance

Range (EPS)

PNM

PNM Retail 86% $1,820 50% 10% $1.13

Renewables(1) 4% $74 50% 7% $0.03

FERC Transmission(2) 7% $153 50% 8% $0.08

FERC Generation(3) 3% $68 50% (5%) $(0.02)

Costs not included in rate base(4) $(0.05)

PV3 $(0.06)

TNMP

T&D 100% $482 45% 9.6% $0.26

Competitive transition charge (CTC) $0.03

Automated meter system (AMS) $0.01

Corporate/Other(5) $(0.15)

TOTAL $2,597 $1.26

(1) Partial year: 8 months carrying charges plus 4 months of allowed return

(2) Rates implemented June 1, 2011, subject to refund pending final order by FERC (3) FERC Generation is comprised of three individual wholesale customer contracts under the jurisdiction of FERC: Navopache Electric Cooperative, City of Gallup, and City of Aztec. Navopache Electric Cooperative represents 62% of the FERC Generation rate base. Range reflects partial year (9 months) implementation of the $8.7 million rate increase filed with FERC for the Navopache contract effective April 2012, subject to refund. (4) Consists primarily of certain incentive compensation and retained costs from the sale of PNM Gas (5) Reflects costs at the PNM Resources holding company, mainly comprised of interest expense related to debt

12

Page 13: 2012 Earnings Guidance Presentation - PNM Resources/media/Files/P/PNM-Resources/ev… · Guidance Presentation December 9, 2011 . Safe Harbor Statement Statements made in this news

Assumptions for Potential Earnings Power

(1) FERC Generation’s potential achievement would occur with the filing and resolution of new rates for the Gallup contract, which is expected in 2014 (2) PV3 generation is currently sold at market. The range assumes a market price of $39 to $42

13

Reducing regulatory lag and improving market prices could improve EPS by $0.15 to $0.20 without growing rate base

Mid Point Guidance Range Potential Earnings Power Growth

Potential EPS Potential

Achievement Return EPS Allowed Return

Resulting EPS

PNM

PNM Retail 10% $1.13 10% $1.13

Renewables 7% $0.03 10% $0.05 $0.02 2013

FERC Transmission 8% $0.08 9% - 11% $0.09 - $0.10 $0.01 - $0.02 2012

FERC Generation -5% ($0.02) 9% - 11% $0.04 - $0.05 $0.06 - $0.07 2014(1)

Costs not included in rate base ($0.05) ($0.03) $0.02 2014

PV3 ($0.06) ($0.03) - $0.00 $0.03 - $0.06 See Note 2

TNMP

T&D 9.6% $0.26 10.125% $0.27 $0.01 2013

Competitive transition charge (CTC) $0.03 $0.03

Automated meter system (AMS) $0.01 $0.01

Corporate/Other ($0.15) ($0.15)

Total $1.26 $1.41 - $1.46 $0.15 - $0.20

Page 14: 2012 Earnings Guidance Presentation - PNM Resources/media/Files/P/PNM-Resources/ev… · Guidance Presentation December 9, 2011 . Safe Harbor Statement Statements made in this news

PNM Resources 5-Year Capital Plan

$107 $110 $104 $90 $98

$64 $58 $64 $63 $52

$95 $86 $96 $90

$61

$21 $11

$12 $12

$12

2012 2013 2014 2015 2016

(In millions)

PNM Generation PNM T&D TNMP T&D Other (Primarily IT)

Amounts may not visually add due to rounding

2012 - 2016 Total Capital Plan: $1.3B

$287 $266 $276

$256

$223

Amounts do not include potential capital spending at

PNM including SCRs, renewables and additional peaking capacity

14

Page 15: 2012 Earnings Guidance Presentation - PNM Resources/media/Files/P/PNM-Resources/ev… · Guidance Presentation December 9, 2011 . Safe Harbor Statement Statements made in this news

PNM Rate Base

Rate base CAGR is 2% Growth in rate base is

offset by tax benefits of bonus depreciation and utilization of NOLs • NOLs are expected to last

through 2013

Focus is on closing rate base return gap for FERC

Potential capital investment could provide additional rate base growth in the future

$0

$500

$1,000

$1,500

$2,000

$2,500

2011E 2012E 2013E

Avg. Rate Base (In millions)

Retail Renewables

FERC Generation FERC Transmission

Total $2,047

Total $2,137

Total $2,115

15

Page 16: 2012 Earnings Guidance Presentation - PNM Resources/media/Files/P/PNM-Resources/ev… · Guidance Presentation December 9, 2011 . Safe Harbor Statement Statements made in this news

PNM 5-Year Potential Capital Additions

$20 $96

$151 $122 $55

$58

$58 $3 $28

$53

$28

2012 2013 2014 2015 2016

(In millions)

SCRs Renewables Additional peaking capacity

Amounts may not visually add due to rounding (1) Not all potential capital expenditures will be realized. Amounts are representative of the middle of the potential range. (2) PNM’s portion of SCRs for San Juan and Four Corners

2012 – 2016 Total Potential Capital(1): $0.7B

(2)

Adding ½ of the potential capital to PNM’s rate base

would result in an additional 2% of CAGR

16

Page 17: 2012 Earnings Guidance Presentation - PNM Resources/media/Files/P/PNM-Resources/ev… · Guidance Presentation December 9, 2011 . Safe Harbor Statement Statements made in this news

TNMP Rate Base

Rate base CAGR is 8%

$125M of additional investments over the next four years in Texas under favorable regulatory construct

• Rebuild, replace and upgrade existing transmission

• Install and upgrade substations

$454 $482 $534

$0

$100

$200

$300

$400

$500

$600

2011E 2012E 2013E

Avg. Rate Base (In millions)

17

Page 18: 2012 Earnings Guidance Presentation - PNM Resources/media/Files/P/PNM-Resources/ev… · Guidance Presentation December 9, 2011 . Safe Harbor Statement Statements made in this news

Key Strategic Goals and 2012 Checklist

Achieve successful outcomes in:

PNM future test year rulemaking

PNM FERC transmission rate case

PNM FERC generation rate case

PNM renewable rider

Maintain strong electric reliability and power plant availability

Control O&M and capital costs

18

2012 Checklist Strategic Goals

Earn Authorized Return on our Regulated Businesses

Continue to Improve

Credit Ratings

Provide Top Quartile Total Return

Page 19: 2012 Earnings Guidance Presentation - PNM Resources/media/Files/P/PNM-Resources/ev… · Guidance Presentation December 9, 2011 . Safe Harbor Statement Statements made in this news

Questions & Answers

Page 20: 2012 Earnings Guidance Presentation - PNM Resources/media/Files/P/PNM-Resources/ev… · Guidance Presentation December 9, 2011 . Safe Harbor Statement Statements made in this news

Appendix

Page 21: 2012 Earnings Guidance Presentation - PNM Resources/media/Files/P/PNM-Resources/ev… · Guidance Presentation December 9, 2011 . Safe Harbor Statement Statements made in this news

PNM Assumptions

amounts shown are before tax

2011 Assumptions

2012 Assumptions

Retail rate increase (effective August 21, 2011) $31M $72M

FERC Transmission rate increase $0 - $5.5M $0 – $9.6M

FERC Generation rate increase – Navopache contract - $0 - $6.5M(1)

Weather $9.6M -

2011 PV Nuclear Decommissioning Trust Gains $10.2M -

Incremental Load Growth 1% - 2%

0.5% - 1.5%

1% = $6.8M

Palo Verde Unit 3 sales price ($/MWh)

40% hedged; 60% unhedged (2012) ~$36

~$34

+/- $5 = $3.3M

Outage costs $17M $22M

Pension expense $6.3M $7.0M

Pension contributions $41.5M $77.7M

Average PNM Resources diluted shares outstanding 89.7M 80.3M

21

(1) Reflects partial year (9 months) implementation of the rate increase filed with FERC for the Navopache contract effective April 2012, subject to refund. The annual amount of the filed increase is $8.7M.

Page 22: 2012 Earnings Guidance Presentation - PNM Resources/media/Files/P/PNM-Resources/ev… · Guidance Presentation December 9, 2011 . Safe Harbor Statement Statements made in this news

TNMP Assumptions

amounts shown are before tax

2011 Assumptions

2012 Assumptions

Retail rate increase $9.7M $10.2M

Incremental TCOS increases $0.1M $1.0M

Weather $9.0M -

Incremental load growth 1.5% - 2.5%

0.5% - 1.5%

1% = $1.8M

Pension expense/(income) $(1.3)M $(0.7)M

Pension contribution $1.6M $5.3M

Average diluted shares outstanding 89.7M 80.3M

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Page 23: 2012 Earnings Guidance Presentation - PNM Resources/media/Files/P/PNM-Resources/ev… · Guidance Presentation December 9, 2011 . Safe Harbor Statement Statements made in this news

Corp and Other Key Drivers and Assumptions (Ongoing)

$(0.20)

2010 2011E 2012E

$(0.16) - $(0.15) $(0.17) - $(0.15)

Corporate and Other(1)

2011E – 2012E Key Performance Drivers Year-over-Year ∆ EPS

Interest $0.03

Share repurchase(2) $(0.02)

23

(1) Reflects costs at the PNM Resources holding company, mainly comprised of interest expense related to debt

(2) Using a loss at corporate of ($12.5) million divided by 89.7M shares gives EPS of ($0.14) and ($12.5M) divided by 80.3M shares is ($0.16), resulting in a ($0.02) impact of share repurchase at Corporate

Page 24: 2012 Earnings Guidance Presentation - PNM Resources/media/Files/P/PNM-Resources/ev… · Guidance Presentation December 9, 2011 . Safe Harbor Statement Statements made in this news

EBITDA and Quarterly Earnings Distribution Guidance (Ongoing)

Ongoing EBITDA (In millions)

2011E 2012E

Consolidated PNMR $420 - $427 $439 - $458

Regulated Businesses

PNM $274 - $278 $320 - $330

TNMP $113 - $116 $114 - $119

Competitive Businesses

First Choice Power $34 - $37 N/A

Optim Energy(1) $40.6(2) N/A

24

(1) 100% of Optim Energy (2) Actual results

13% 25%

47%

15%

Q1 2012 Q2 2012 Q3 2012 Q4 2012

2012 Quarterly Earnings Distribution

Page 25: 2012 Earnings Guidance Presentation - PNM Resources/media/Files/P/PNM-Resources/ev… · Guidance Presentation December 9, 2011 . Safe Harbor Statement Statements made in this news

2011 and 2012 Outage Schedule

84.2%

80.8%

88.6%

77.8%(1)

79.5%

90.1%

San Juan Four Corners Palo Verde

2011E 2012E

PNM Plant EAF and Outages

Unit Duration Time

Period

San Juan

2 47 Q1 – Q2 2012

3 54 Q3 – Q4 2012

Four Corners

4 10 Q4 2011

5 13 Q1 2012

Palo Verde

1 37 Q4 2011

3 40 Q1 - Q2 2012

2 40 Q4 2012

(1) San Juan has an additional plant outage scheduled in 2012

(2)Annual top quartile number from the North American Electricity Reliability Council as of August 2011

Annual Top Quartile Numbers(2)

Coal 91% Nuclear 93%

25

Page 26: 2012 Earnings Guidance Presentation - PNM Resources/media/Files/P/PNM-Resources/ev… · Guidance Presentation December 9, 2011 . Safe Harbor Statement Statements made in this news

2012 Financing Assumptions

Renewed PNM and PNM Resources revolvers on October 31, 2011

Closed $160M of PNM SUNs on October 12, 2011

• Coupon: 5.35%

• Tenor: 10yr

Repurchased $50M 9.25% PNM Resources’ SUNs on November 22, 2011

No new financing anticipated in 2012

Old Pricing New Pricing Old Capacity New Capacity

PNM Libor + 0.65% Libor + 1.50% $368M $400M

PNMR Libor + 1.25% Libor + 1.75% $517M $300M

26

PNM Resources

PNM TNMP

Avg. 2012 Short-term debt balances including LCs

$90M $26M $35M

Page 27: 2012 Earnings Guidance Presentation - PNM Resources/media/Files/P/PNM-Resources/ev… · Guidance Presentation December 9, 2011 . Safe Harbor Statement Statements made in this news

Think New Mexico

An independent results-oriented advocacy group

Demonstrated success through several policy changes

Advocating legislation to place the NMPRC reforms on the 2012 ballot

Refocus and narrow the jurisdiction to regulating utilities and telecommunications

Increase qualifications of commissioners

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Page 28: 2012 Earnings Guidance Presentation - PNM Resources/media/Files/P/PNM-Resources/ev… · Guidance Presentation December 9, 2011 . Safe Harbor Statement Statements made in this news

San Juan - BART Update

EPA BART determination: SCR technology • Total estimated costs: $750M or more

• PNM’s share of estimated costs (~46%): minimum of $345M

PNM petitioned EPA to reconsider its determination and to issue a stay of its rule

PNM also appealed EPA’s decision in court (US Court of Appeals for the Tenth Circuit)

N.M. Gov. Martinez and the N.M. Environment Dept. have also challenged EPA’s decision in the 10th Circuit and have petitioned EPA for reconsideration and requested a stay

PNM, Gov. Martinez and NMED have also asked the 10th Circuit to stay the rule

PNM is evaluating timeline for regulatory recovery

• PNM to issue RFP for SCR installation in late 2011 28