0001108426 pnm:EnergyTransitionActMember pnm:RequiredPercentageby2025Member pnm:ElectricGenerationPortfolioStandardMember 2019-03-22
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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

FORM 10-Q
FORM
10-Q

(Mark One)
QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

For the quarterly period ended March 31, 2020
June 30, 2019

Commission File
Name of Registrants, Registrant, State of Incorporation
I.R.S. Employer
 Number, Address Of Principal Executive Offices and , Telephone NumbersNumber, Commission File No., IRS Employer Identification No.
001-32462    PNM Resources, Inc.                                                                                        85-0468296
(A New Mexico Corporation)
414 Silver Ave. SW
Albuquerque, New Mexico 87102-3289
Telephone Number - (505) 241-2700
Commission File No. - 001-32462
IRS Employer Identification No. - 85-0468296

(505) 241-2700

001-06986    Public Service Company of New Mexico                                                            85-0019030
(A New Mexico Corporation)
414 Silver Ave. SW
Albuquerque, New Mexico 87102-3289
Telephone Number - (505) 241-2700
Commission File No. - 001-06986
IRS Employer Identification No. - 85-0019030

(505) 241-2700

002-97230    Texas-New Mexico Power Company                                                                75-0204070
(A Texas Corporation)
577 N. Garden Ridge Blvd.
Lewisville, Texas 75067
Telephone Number - (972) 420-4189
Commission File No. - 002-97230
IRS Employer Identification No. - 75-0204070

(972) 420-4189



Securities registered pursuant to Section 12(b) of the Act:
RegistrantTitle of each classTrading Symbol(s)Name of exchange on which registered
PNM Resources, Inc.Common Stock, no par valuePNMNew York Stock Exchange

Indicate by check mark whether each registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days.
PNM Resources, Inc. (“PNMR”)YesNo
Public Service Company of New Mexico (“PNM”)YesNo
Texas-New Mexico Power Company (“TNMP”)YesNo

(NOTE: As a voluntary filer, not subject to the filing requirements, TNMP filed all reports under Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months.)






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Indicate by check mark whether each registrant has submitted electronically every Interactive Data File required to be submitted pursuant to Rule 405 of Regulation S-T during the preceding 12 months (or for such shorter period that the registrant was required to submit such files).
PNMRYesNo
PNMYes

No
TNMPYesNo

Indicate by check mark whether registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, smaller reporting company, or an emerging growth company. See the definitions of “large accelerated filer,” “accelerated filer,” “smaller reporting company,” and “emerging growth company” in Rule 12b-2 of the Exchange Act.

Large accelerated filer
Accelerated
filer
Non-accelerated
filer
Smaller reporting companyEmerging growth company
PNMR
Large accelerated

filer


Accelerated
filer
Non-accelerated filerSmaller reporting companyEmerging growth company
PNM
Large accelerated
filer
Accelerated
filer
Non-accelerated filerSmaller reporting companyEmerging growth company
TNMP

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act.

Indicate by check mark whether any of the registrants is a shell company (as defined in Rule 12b-2 of the Exchange Act). Yes   No

As of July 26, 2019, May 1, 2020, 79,653,624 shares of common stock, no par value per share, of PNMR were outstanding.


The total number of shares of common stock of PNM, no par value per share, outstanding as of July 26, 2019May 1, 2020 was 39,117,799 all held by PNMR (and none held by non-affiliates).


The total number of shares of common stock of TNMP, $10 par value per share, outstanding as of July 26, 2019May 1, 2020 was 6,358 all held indirectly by PNMR (and none held by non-affiliates).

PNM AND TNMP MEET THE CONDITIONS SET FORTH IN GENERAL INSTRUCTIONS (H) (1) (a) AND (b) OF FORM 10-Q AND ARE THEREFORE FILING THIS FORM WITH THE REDUCED DISCLOSURE FORMAT PURSUANT TO GENERAL INSTRUCTION (H) (2).

This combined Form 10-Q is separately filed by PNMR, PNM, and TNMP.  Information contained herein relating to any individual registrant is filed by such registrant on its own behalf.  Each registrant makes no representation as to information relating to the other registrants.  When this Form 10-Q is incorporated by reference into any filing with the SEC made by PNMR, PNM, or TNMP, as a registrant, the portions of this Form 10-Q that relate to each other registrant are not incorporated by reference therein.



2

Table of Contents
PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES

INDEX

Page No.


3

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GLOSSARY
Definitions:
Definitions:
2014 IRPPNM’s 2014 IRP
2017 IRPPNM’s 2017 IRP
ABCWUAAlbuquerque Bernalillo County Water Utility Authority
AEP OnSite PartnersAEP OnSite Partners, LLC, a subsidiary of American Electric Power, Inc.
AftonAfton Generating Station
AFUDCAllowance for Funds Used During Construction
AMS
AMIAdvanced Metering Infrastructure
AMSAdvanced Meter System
AOCI
AOCIAccumulated Other Comprehensive Income
APS
APSArizona Public Service Company, the operator and a co-owner of PVNGS and Four Corners
ASU
ASUAccounting Standards Update
BARTAugust 2016 RDRecommended Decision in PNM’s NM 2015 Rate Case issued by the Hearing Examiner on August 4, 2016
BARTBest Available Retrofit Technology
BDTBalanced Draft Technology
Board
BoardBoard of Directors of PNMR
BSERBest System of EmissionEmissions Reduction Technology
BTMUMUFG Bank Ltd., formerly the Bank of Tokyo-Mitsubishi UFJ, Ltd.
BTMU Term LoanNM Capital’s $125.0 Million Unsecured Term Loan
CAA
CAAClean Air Act
CARES ActCoronavirus Aid, Relief, and Economic Security Act
Casa Mesa WindCasa Mesa Wind Energy Center
CCNCertificate of Convenience and Necessity
CCRCoal Combustion Residuals
CIACCFRECitizens for Fair Rates and the Environment
CIACContributions in Aid of Construction
CO2
Carbon Dioxide
CSACoal Supply Agreement
CTCCompetition Transition Charge
DC CircuitUnited States Court of Appeals for the District of Columbia Circuit
December 2018 Compliance FilingPNM’s December 31, 2018 filing with the NMPRC regarding SJGS
DOEUnited States Department of Energy
DOIUnited States Department of Interior
EGUElectric Generating Unit
EIMCalifornia Independent System Operator Western Energy Imbalance Market
EISEnvironmental Impact Study
EPAUnited States Environmental Protection Agency
ESA
ERCOTElectric Reliability Council of Texas
ESAEndangered Species Act
ETAThe New Mexico Energy Transition Act
Exchange ActSecurities Exchange Act of 1934
FarmingtonThe City of Farmington, New Mexico
FASBFinancial Accounting Standards Board
FERCFederal Energy Regulatory Commission
Four CornersFour Corners Power Plant
FPPAC
FPPACFuel and Purchased Power Adjustment Clause
FTYFuture Test Year
GAAPGenerally Accepted Accounting Principles in the United States of America
GHGGreenhouse Gas Emissions
GWhGigawatt hours
IRP
IRCInternal Revenue Code
IRPIntegrated Resource Plan
IRSInternal Revenue Service
kVKilovolt
KWkVKilovolt
KWKilowatt
KWhKilowatt Hour
La LuzLa Luz Generating Station
LIBORLondon Interbank Offered Rate
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Lightning Dock GeothermalLightning Dock geothermal power facility, also known as the Dale Burgett Geothermal Plant

Lordsburg
LordsburgLordsburg Generating Station
Los AlamosThe Incorporated County of Los Alamos, New Mexico
LunaLuna Energy Facility
MD&AManagement’s Discussion and Analysis of Financial Condition and Results of Operations
MMBTUMillion BTUsBritish Thermal Units
Moody’sMoody’s Investor Services, Inc.
MW
MWMegawatts
MWhMegawatt Hour
NAAQSNational Ambient Air Quality Standards
Navajo ActsNavajo Nation Air Pollution Prevention and Control Act, Navajo Nation Safe Drinking Water Act, and Navajo Nation Pesticide Act
NDTNuclear Decommissioning Trusts for PVNGS
NEE
NEENew Energy Economy
NEPANational Environmental Policy Act
NERCNorth American Electric Reliability Corporation
New Mexico WindNew Mexico Wind Energy Center
NM 2015 Rate CaseRequest for a General Increase in Electric Rates Filed by PNM on August 27, 2015
NM 2016 Rate CaseRequest for a General Increase in Electric Rates Filed by PNM on December 7, 2016
NM AREANew Mexico Affordable Reliable Energy Alliance, formerly New Mexico Industrial Energy Consumers Inc.
NM CapitalNM Capital Utility Corporation, an unregulated wholly-owned subsidiary of PNMR, now known as New Mexico PPA Corporation
NM District CourtUnited States District Court for the District of New Mexico
NM Supreme CourtNew Mexico Supreme Court
NMED
NMEDNew Mexico Environment Department
NMIECNew Mexico Industrial Energy Consumers Inc.
NMMMDThe Mining and Minerals Division of the New Mexico Energy, Minerals and Natural Resources Department
NMPRCNew Mexico Public Regulation Commission
NMRDNM Renewable Development, LLC, owned 50% each by PNMR Development and AEP OnSite Partners, LLC
NOxNitrogen Oxides
NOPRNotice of Proposed Rulemaking
NPDESNational Pollutant Discharge Elimination System
NRCUnited States Nuclear Regulatory Commission
NSRNSPSNew Source Performance Standards
NSRNew Source Review
NTECNavajo Transitional Energy Company, LLC, an entity owned by the Navajo Nation
OCIOther Comprehensive Income
OPEBOther Post-Employment Benefits
OSMUnited States Office of Surface Mining Reclamation and Enforcement
PCRBsPollution Control Revenue Bonds
PNMPublic Service Company of New Mexico and Subsidiaries
PNM 2017 New Mexico Credit FacilityPNM’s $40.0 Million Unsecured Revolving Credit Facility
PNM 2017 Term LoanPNM’s $200.0 Million Unsecured Term Loan
PNM 2019 $40.0 Million Term LoanPNM's $40.0 Million Unsecured Term Loan
PNM 2019 $250.0 Million Term LoanPNM’s $250.0 Million Unsecured Term Loan, which was repaid on April 15, 2020
PNM 2020 Note Purchase AgreementPNM's Agreement for the sale of PNM 2020 SUNs
PNM 2020 SUNsPNM's $200.0 million Senior Unsecured Notes issued on April 30, 2020
PNM 2020 Term LoanPNM’s $250.0 million Unsecured Term Loan issued on April 15, 2020, of which $100.0 million was repaid on April 30, 2020
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Table of Contents
PNM Revolving Credit FacilityPNM’s $400.0 Million Unsecured Revolving Credit Facility
PNMRPNM Resources, Inc. and Subsidiaries
PNMR 2018 One-Year Term LoanPNMR’s $150.0 Million One-Year Unsecured Term Loan
PNMR 2018 SUNSPNMR’s $300.0 Million Senior Unsecured Notes issued on March 9, 2018
PNMR 2018 Two-Year Term LoanPNMR’s $50.0 Million Two-Year Unsecured Term Loan
PNMR 2019 Term LoanPNMR's $150.0 Million Two-Year Unsecured Term Loan
PNMR 2020 Forward Equity Sale AgreementsPNMR's Block Equity Sale of 6.2 million Shares of PNMR Common Stock with Forward Equity Sales Agreements
PNMR DevelopmentPNMR Development and Management Company, an unregulated wholly-owned subsidiary of PNMR
PNMR Development Revolving Credit FacilityPNMR Development’s $40.0 Million Unsecured Revolving Credit Facility
PNMR Development Term LoanPNMR Development’s $90.0 Million Unsecured Term Loan

PNMR Revolving Credit FacilityPNMR’s $300.0 Million Unsecured Revolving Credit Facility
PPA
PPAPower Purchase Agreement
PSD
PSDPrevention of Significant Deterioration
PUCTPublic Utility Commission of Texas
PVPhotovoltaic
PVNGSPalo Verde Nuclear Generating Station
RCRAResource Conservation and Recovery Act
RCTReasonable Cost Threshold
REANew Mexico’s Renewable Energy Act, as amended by the ETA
RECRenewable Energy Certificates
Red Mesa WindRed Mesa Wind Energy Center
REPRetail Electricity Provider
Rio BravoRio Bravo Generating Station formerly known as Delta
ROERMCRisk Management Committee
ROEReturn on Equity
RPSRenewable Energy Portfolio Standard
S&PStandard and Poor’s Ratings Services
SEC
SECUnited States Securities and Exchange Commission
SIPState Implementation Plan
SJCCSan Juan Coal Company
SJGSSan Juan Generating Station
SJGS Abandonment ApplicationPNM’s July 1, 2019 consolidated application seeking NMPRC approval to retire PNM’s share of SJGS in 2022, for related replacement generating resources, and for the issuance of securitized bonds under the ETA
SJGS CSASan Juan Generating Station Coal Supply Agreement
SJGS RASan Juan Project Restructuring Agreement
SNCR
SNCRSelective Non-Catalytic Reduction
SO2
Sulfur Dioxide
Tax ActFederal tax reform legislation enacted on December 22, 2017, commonly referred to as the Tax Cuts and Jobs Act
TECA
TECATexas Electric Choice Act
Tenth CircuitUnited States Court of Appeals for the Tenth Circuit
TNMPTexas-New Mexico Power Company and Subsidiaries
TNMP 2018 Rate CaseTNMP’s General Rate Case Application Filed May 30, 2018
TNMP 2018 Term LoanTNMP’s $35.0 Million Unsecured Term Loan
TNMP 2019 BondsTNMP’s First Mortgage Bonds issued under the TNMP 2019 Bond Purchase Agreement
TNMP 20192020 Bond Purchase AgreementAn agreement under which TNMP issuedagreed to issue an aggregate of $305.0$185.0 Million of First Mortgage Bonds in 20192020
TNMP 2020 BondsTNMP's First Mortgage Bonds issued under the TNMP 2020 Bond Purchase Agreement
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TNMP Revolving Credit FacilityTNMP’s $75.0 Million Secured Revolving Credit Facility
Tri-State
Tri-StateTri-State Generation and Transmission Association, Inc.
TucsonTucson Electric Power Company
UAMPSUtah Associated Municipal Power Systems
U.SThe United States of America
US Supreme CourtUnited States Supreme Court
ValenciaValencia Energy Facility
VIE
VIEVariable Interest Entity
WEGWildEarth Guardians
Western Spirit LineA 165-mile 345 kV345-kV transmission line that PNM has agreed to purchase, subject to regulatory approvalcertain conditions being met prior to closing
WestmorelandWestmoreland Coal Company
Westmoreland Loan$125.0 Million of funding provided by NM Capital to WSJ
WSJWestmoreland San Juan, LLC, formerly an indirect wholly-owned subsidiary of Westmoreland, and former owner of SJCC
WSJ LLC

Westmoreland San Juan Mining, LLC, a subsidiary of Westmoreland Mining Holdings, LLC, and current owner of SJCC


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PART I. FINANCIAL INFORMATION

ITEM 1. FINANCIAL STATEMENTS


PNM RESOURCES, INC. AND SUBSIDIARIES
CONDENSED CONSOLIDATED STATEMENTS OF EARNINGS (LOSS)
(Unaudited)
Three Months Ended March 31,
20202019
(In thousands, except per share amounts)
Electric Operating Revenues:
Contracts with customers$322,983  $315,698  
Alternative revenue programs426  636  
Other electric operating revenue10,213  33,311  
Total electric operating revenues333,622  349,645  
Operating Expenses:
Cost of energy98,710  121,626  
Administrative and general46,032  52,336  
Energy production costs33,618  35,072  
Regulatory disallowances and restructuring costs—  1,345  
Depreciation and amortization68,973  65,356  
Transmission and distribution costs17,286  16,678  
Taxes other than income taxes21,265  20,509  
Total operating expenses285,884  312,922  
Operating income47,738  36,723  
Other Income and Deductions:
Interest income3,423  3,588  
Gains (losses) on investment securities(32,849) 14,014  
Other income2,316  3,446  
Other (deductions)(3,473) (3,252) 
Net other income and deductions(30,583) 17,796  
Interest Charges30,434  31,634  
Earnings (Loss) before Income Taxes(13,279) 22,885  
Income Taxes (Benefits)(1,880) 1,223  
Net Earnings (Loss)(11,399) 21,662  
(Earnings) Attributable to Valencia Non-controlling Interest(3,729) (2,830) 
Preferred Stock Dividend Requirements of Subsidiary(132) (132) 
Net Earnings (Loss) Attributable to PNMR$(15,260) $18,700  
Net Earnings (Loss) Attributable to PNMR per Common Share:
Basic$(0.19) $0.23  
Diluted$(0.19) $0.23  
Dividends Declared per Common Share$0.3075  $0.2900  
 Three Months Ended June 30, Six Months Ended June 30,
 2019 2018 2019 2018
 (In thousands, except per share amounts)
Electric Operating Revenues: 
       
Contracts with customers$314,917
 $338,659
 $630,614
 $642,010
Alternative revenue programs5,844
 5,660
 6,480
 6,584
Other electric operating revenue9,467
 7,994
 42,778
 21,597
Total electric operating revenues330,228
 352,313
 679,872
 670,191
Operating Expenses:
   
 
Cost of energy83,782
 87,711
 205,408
 180,267
Administrative and general42,833
 43,355
 95,170
 91,638
Energy production costs42,905
 41,888
 77,977
 77,238
Regulatory disallowances and restructuring costs149,254
 1,794
 150,599
 1,794
Depreciation and amortization66,065
 60,063
 131,421
 118,785
Transmission and distribution costs19,195
 18,450
 35,872
 35,406
Taxes other than income taxes19,809
 19,723
 40,317
 39,602
Total operating expenses423,843
 272,984
 736,764
 544,730
Operating income (loss)(93,615) 79,329
 (56,892) 125,461
Other Income and Deductions:       
Interest income3,460
 4,339
 7,048
 8,462
Gains (losses) on investment securities4,599
 (1,670) 18,613
 (1,382)
Other income3,350
 4,796
 6,795
 8,265
Other (deductions)(3,117) (5,868) (6,369) (7,243)
Net other income and deductions8,292
 1,597
 26,087
 8,102
Interest Charges29,791
 33,321
 61,425
 66,376
Earnings (Loss) before Income Taxes(115,114) 47,605
 (92,230) 67,187
Income Taxes (Benefits)(42,831) 5,156
 (41,608) 5,939
Net Earnings (Loss)(72,283) 42,449
 (50,622) 61,248
(Earnings) Attributable to Valencia Non-controlling Interest(3,499) (4,109) (6,328) (7,786)
Preferred Stock Dividend Requirements of Subsidiary(132) (132) (264) (264)
Net Earnings (Loss) Attributable to PNMR$(75,914) $38,208
 $(57,214) $53,198
Net Earnings (Loss) Attributable to PNMR per Common Share:       
Basic$(0.95) $0.48
 $(0.72) $0.67
Diluted$(0.95) $0.48
 $(0.72) $0.67
Dividends Declared per Common Share$0.290
 $0.265
 $0.580
 $0.530

The accompanying notes, as they relate to PNMR, are an integral part of these condensed consolidated financial statements.



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PNM RESOURCES, INC. AND SUBSIDIARIES
CONDENSED CONSOLIDATED STATEMENTS OF COMPREHENSIVE INCOME (LOSS)
(Unaudited)

Three Months Ended March 31,
20202019
(In thousands)
Net Earnings (Loss)$(11,399) $21,662  
Other Comprehensive Income:
Unrealized Gains on Available-for-Sale Debt Securities:
Net change in unrealized holding gains arising during the period, net of income tax (expense) benefit of $1,088 and $(1,798)(3,195) 5,280  
Reclassification adjustment for (gains) included in net earnings, net of income tax expense of $301 and $172(884) (504) 
Pension Liability Adjustment:
Reclassification adjustment for amortization of experience (gains) losses recognized as net periodic benefit cost, net of income tax expense (benefit) of $(527) and $(470)1,548  1,381  
Fair Value Adjustment for Cash Flow Hedges:
Change in fair market value, net of income tax benefit of $507 and $311(1,491) (914) 
Reclassification adjustment for (gains) losses included in net earnings, net of income tax expense (benefit) of $10 and $(68)(28) 202  
Total Other Comprehensive Income (Loss)(4,050) 5,445  
Comprehensive Income (Loss)(15,449) 27,107  
Comprehensive (Income) Attributable to Valencia Non-controlling Interest(3,729) (2,830) 
Preferred Stock Dividend Requirements of Subsidiary(132) (132) 
Comprehensive Income (Loss) Attributable to PNMR$(19,310) $24,145  
 Three Months Ended June 30, Six Months Ended June 30,
 2019 2018 2019 2018
 (In thousands)
Net Earnings (Loss)$(72,283) $42,449
 $(50,622) $61,248
Other Comprehensive Income:       
Unrealized Gains on Available-for-Sale Securities:
       
Unrealized holding gains arising during the period, net of income tax (expense) of $(2,250), $(91), $(4,048), and $(374)6,610
 266
 11,890
 1,098
Reclassification adjustment for (gains) included in net earnings, net of income tax expense of $1,251, $126, $1,423, and $794(3,674) (371) (4,178) (2,332)
Pension Liability Adjustment:       
Reclassification adjustment for amortization of experience (gains) losses recognized as net periodic benefit cost, net of income tax expense (benefit) of $(470), $(482), $(940), and $(962)1,381
 1,415
 2,762
 2,826
Fair Value Adjustment for Cash Flow Hedges:       
Change in fair market value, net of income tax (expense) benefit of $494, $(143), $805, and $(615)(1,450) 419
 (2,364) 1,805
Reclassification adjustment for (gains) losses included in net earnings, net of income tax expense (benefit) of $(65), $(12), $(133), and $1190
 34
 392
 (6)
Total Other Comprehensive Income3,057
 1,763
 8,502
 3,391
Comprehensive Income (Loss)(69,226) 44,212
 (42,120) 64,639
Comprehensive (Income) Attributable to Valencia Non-controlling Interest(3,499) (4,109) (6,328) (7,786)
Preferred Stock Dividend Requirements of Subsidiary(132) (132) (264) (264)
Comprehensive Income (Loss) Attributable to PNMR$(72,857) $39,971
 $(48,712) $56,589

The accompanying notes, as they relate to PNMR, are an integral part of these condensed consolidated financial statements.


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PNM RESOURCES, INC. AND SUBSIDIARIES
CONDENSED CONSOLIDATED STATEMENTS OF CASH FLOWS
(Unaudited)
Three Months Ended March 31,
20202019
(In thousands)
Cash Flows From Operating Activities:
Net earnings (loss)$(11,399) $21,662  
Adjustments to reconcile net earnings (loss) to net cash flows from operating activities:
Depreciation and amortization77,535  73,946  
Deferred income tax expense (benefit)(1,826) 1,122  
(Gains) losses on investment securities32,849  (14,014) 
Stock based compensation expense3,801  3,257  
Regulatory disallowances and restructuring costs—  1,345  
Allowance for equity funds used during construction(1,195) (2,049) 
Other, net776  444  
Changes in certain assets and liabilities:
Accounts receivable and unbilled revenues14,027  15,842  
Materials, supplies, and fuel stock3,806  3,826  
Other current assets105  (1,778) 
Other assets7,429  13,463  
Accounts payable(1,224) (7,642) 
Accrued interest and taxes(10,830) 6,443  
Other current liabilities(3,570) 2,060  
Other liabilities(16,485) (13,243) 
Net cash flows from operating activities93,799  104,684  
Cash Flows From Investing Activities:
Additions to utility plant and non-utility plant(140,208) (141,986) 
Proceeds from sales of investment securities149,355  74,460  
Purchases of investment securities(152,108) (77,363) 
Investments in NMRD(10,000) (7,000) 
Other, net122 ��(13) 
Net cash flows from investing activities(152,839) (151,902) 
 Six Months Ended June 30,
 2019 2018
 (In thousands)
Cash Flows From Operating Activities:   
Net earnings (loss)$(50,622) $61,248
Adjustments to reconcile net earnings to net cash flows from operating activities:   
Depreciation and amortization148,090
 137,020
Deferred income tax expense(41,930) 5,888
(Gains) losses on investment securities(18,613) 1,382
Stock based compensation expense4,526
 3,325
Regulatory disallowances and restructuring costs150,599
 1,794
Allowance for equity funds used during construction(4,158) (4,641)
Other, net1,247
 1,539
Changes in certain assets and liabilities:   
Accounts receivable and unbilled revenues4,205
 (17,130)
Materials, supplies, and fuel stock(2,656) (8,282)
Other current assets(6,020) (16,130)
Other assets21,858
 2,603
Accounts payable(812) (21,229)
Accrued interest and taxes(6,180) (4,865)
Other current liabilities(6,381) (1,516)
Other liabilities(21,288) (7,106)
Net cash flows from operating activities171,865
 133,900
    
Cash Flows From Investing Activities:   
Additions to utility plant(293,076) (245,587)
Proceeds from sales of investment securities234,011
 794,088
Purchases of investment securities(239,609) (797,271)
Principal repayments on Westmoreland Loan
 56,640
Investments in NMRD(13,250) (8,000)
Other, net(187) (120)
Net cash flows from investing activities(312,111) (200,250)

The accompanying notes, as they relate to PNMR, are an integral part of these condensed consolidated financial statements.

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PNM RESOURCES, INC. AND SUBSIDIARIES
CONDENSED CONSOLIDATED STATEMENTS OF CASH FLOWS
(Unaudited)

Three Months Ended March 31,
20202019
(In thousands)
Cash Flows From Financing Activities:
Revolving credit facilities borrowings (repayments), net115,500  (12,100) 
Long-term borrowings—  475,000  
Repayment of long-term debt—  (200,000) 
Proceeds from stock option exercise24  930  
Awards of common stock(11,498) (8,936) 
Dividends paid(24,625) (23,232) 
Valencia’s transactions with its owner(6,434) (4,263) 
Transmission interconnection and security deposit arrangements
370  —  
Refunds paid under transmission interconnection arrangements(1,744) —  
Debt issuance costs and other, net(137) (2,215) 
Net cash flows from financing activities71,456  225,184  
Change in Cash, Restricted Cash, and Equivalents12,416  177,966  
Cash, Restricted Cash, and Equivalents at Beginning of Period3,833  2,122  
Cash, Restricted Cash, and Equivalents at End of Period$16,249  $180,088  
Supplemental Cash Flow Disclosures:
Interest paid, net of amounts capitalized$26,658  $20,518  
Income taxes paid (refunded), net$(131) $(235) 
Supplemental schedule of noncash investing activities:
(Increase) decrease in accrued plant additions$6,699  $26,636  
 Six Months Ended June 30,
 2019 2018
 (In thousands)
Cash Flows From Financing Activities:   
Revolving credit facilities borrowings (repayments), net106,500
 (22,800)
Long-term borrowings475,000
 709,652
Repayment of long-term debt(372,302) (550,137)
Proceeds from stock option exercise943
 924
Awards of common stock(9,892) (12,268)
Dividends paid(46,463) (42,480)
Valencia’s transactions with its owner(7,948) (8,381)
Refunds paid under transmission interconnection arrangements(1,661) (1,661)
Debt issuance costs and other, net(1,827) (5,584)
Net cash flows from financing activities142,350
 67,265
    
Change in Cash, Restricted Cash, and Equivalents2,104
 915
Cash, Restricted Cash, and Equivalents at Beginning of Period2,122
 3,974
Cash, Restricted Cash, and Equivalents at End of Period$4,226
 $4,889
    
Supplemental Cash Flow Disclosures:   
Interest paid, net of amounts capitalized$61,539
 $59,626
Income taxes paid (refunded), net$(2,768) $842
    
Supplemental schedule of noncash investing activities:   
(Increase) decrease in accrued plant additions$30,451
 $17,303

The accompanying notes, as they relate to PNMR, are an integral part of these condensed consolidated financial statements.


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PNM RESOURCES, INC. AND SUBSIDIARIES
CONDENSED CONSOLIDATED BALANCE SHEETS
(Unaudited)
March 31,
2020
December 31,
2019
(In thousands)
ASSETS
Current Assets:
Cash and cash equivalents$16,249  $3,833  
Accounts receivable, net of allowance for credit losses of $1,414 and $1,16383,089  85,889  
Unbilled revenues45,379  57,416  
Other receivables13,954  12,165  
Materials, supplies, and fuel stock74,124  77,929  
Regulatory assets7,355  7,373  
Income taxes receivable4,856  4,933  
Other current assets42,956  44,472  
Total current assets287,962  294,010  
Other Property and Investments:
Investment securities353,268  388,832  
Equity investment in NMRD75,203  65,159  
Other investments234  356  
Non-utility property, net16,177  12,459  
Total other property and investments444,882  466,806  
Utility Plant:
Plant in service, held for future use, and to be abandoned7,957,079  7,918,601  
Less accumulated depreciation and amortization2,755,566  2,713,503  
5,201,513  5,205,098  
Construction work in progress240,002  161,106  
Nuclear fuel, net of accumulated amortization of $48,278 and $42,354102,768  99,805  
Net utility plant5,544,283  5,466,009  
Deferred Charges and Other Assets:
Regulatory assets590,330  556,930  
Goodwill278,297  278,297  
Operating lease right-of-use assets, net of accumulated amortization124,717  131,212  
Other deferred charges104,648  105,510  
Total deferred charges and other assets1,097,992  1,071,949  
$7,375,119  $7,298,774  
 June 30,
2019
 December 31,
2018
 (In thousands)
ASSETS   
Current Assets:   
Cash and cash equivalents$4,226
 $2,122
Accounts receivable, net of allowance for uncollectible accounts of $1,178 and $1,40683,669
 92,800
Unbilled revenues60,737
 57,092
Other receivables16,287
 11,369
Materials, supplies, and fuel stock74,490
 71,834
Regulatory assets5,533
 4,534
Income taxes receivable4,875
 7,965
Other current assets49,259
 54,808
Total current assets299,076
 302,524
Other Property and Investments:   
Investment securities362,793
 328,242
Equity investment in NMRD40,002
 26,564
Other investments296
 297
Non-utility property, net7,943
 3,404
Total other property and investments411,034
 358,507
Utility Plant:   
Plant in service, held for future use, and to be abandoned7,596,976
 7,548,581
Less accumulated depreciation and amortization2,649,617
 2,604,177
 4,947,359
 4,944,404
Construction work in progress202,991
 194,427
Nuclear fuel, net of accumulated amortization of $42,410 and $42,51195,636
 95,798
Net utility plant5,245,986
 5,234,629
Deferred Charges and Other Assets:   
Regulatory assets576,964
 598,930
Goodwill278,297
 278,297
Operating lease right-of-use assets, net of accumulated amortization143,876
 
Other deferred charges93,434
 92,664
Total deferred charges and other assets1,092,571
 969,891
 $7,048,667
 $6,865,551

The accompanying notes, as they relate to PNMR, are an integral part of these condensed consolidated financial statements.


12

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PNM RESOURCES, INC. AND SUBSIDIARIES
CONDENSED CONSOLIDATED BALANCE SHEETS
(Unaudited)
March 31,
2020
December 31,
2019
(In thousands, except share information)
LIABILITIES AND STOCKHOLDERS’ EQUITY
Current Liabilities:
Short-term debt$300,600  $185,100  
Current installments of long-term debt539,555  490,268  
Accounts payable95,194  103,118  
Customer deposits10,470  10,585  
Accrued interest and taxes65,908  76,815  
Regulatory liabilities2,916  505  
Operating lease liabilities29,693  29,068  
Dividends declared24,625  24,625  
Other current liabilities45,959  47,397  
Total current liabilities1,114,920  967,481  
Long-term Debt, net of Unamortized Premiums, Discounts, and Debt Issuance Costs2,468,720  2,517,449  
Deferred Credits and Other Liabilities:
Accumulated deferred income taxes630,844  626,058  
Regulatory liabilities867,803  866,243  
Asset retirement obligations184,951  181,962  
Accrued pension liability and postretirement benefit cost91,146  95,037  
Operating lease liabilities95,573  105,512  
Other deferred credits222,064  185,753  
Total deferred credits and other liabilities2,092,381  2,060,565  
Total liabilities5,676,021  5,545,495  
Commitments and Contingencies (Note 11)
Cumulative Preferred Stock of Subsidiary
without mandatory redemption requirements ($100 stated value; 10,000,000 shares authorized; issued and outstanding 115,293 shares)11,529  11,529  
Equity:
PNMR common stockholders’ equity:
Common stock (0 par value; 120,000,000 shares authorized; issued and outstanding 79,653,624 shares)1,142,879  1,150,552  
Accumulated other comprehensive income (loss), net of income taxes(103,427) (99,377) 
Retained earnings587,770  627,523  
Total PNMR common stockholders’ equity1,627,222  1,678,698  
Non-controlling interest in Valencia60,347  63,052  
Total equity1,687,569  1,741,750  
$7,375,119  $7,298,774  
 June 30,
2019
 December 31,
2018
 (In thousands, except share information)
LIABILITIES AND STOCKHOLDERS’ EQUITY   
Current Liabilities:   
Short-term debt$342,400
 $235,900
Current installments of long-term debt100,187
 
Accounts payable80,908
 112,170
Customer deposits10,686
 10,695
Accrued interest and taxes55,885
 65,156
Regulatory liabilities7,355
 9,446
Operating lease liabilities27,396
 
Dividends declared132
 23,231
Other current liabilities41,592
 55,855
Total current liabilities666,541
 512,453
Long-term Debt, net of Unamortized Premiums, Discounts, and Debt Issuance Costs2,672,155
 2,670,111
Deferred Credits and Other Liabilities:   
Accumulated deferred income taxes591,145
 600,719
Regulatory liabilities875,146
 891,428
Asset retirement obligations176,743
 158,674
Accrued pension liability and postretirement benefit cost92,434
 100,375
Operating lease liabilities116,464
 
Other deferred credits171,770
 167,668
Total deferred credits and other liabilities2,023,702
 1,918,864
Total liabilities5,362,398
 5,101,428
Commitments and Contingencies (Note 11)


 


Cumulative Preferred Stock of Subsidiary   
without mandatory redemption requirements ($100 stated value; 10,000,000 shares authorized; issued and outstanding 115,293 shares)11,529
 11,529
Equity:   
PNMR common stockholders' equity:   
Common stock (no par value; 120,000,000 shares authorized; issued and outstanding 79,653,624 shares)1,148,690
 1,153,113
Accumulated other comprehensive income (loss), net of income taxes(100,182) (108,684)
Retained earnings563,640
 643,953
Total PNMR common stockholders’ equity1,612,148
 1,688,382
Non-controlling interest in Valencia62,592
 64,212
Total equity1,674,740
 1,752,594
 $7,048,667
 $6,865,551
    

The accompanying notes, as they relate to PNMR, are an integral part of these condensed consolidated financial statements.


13

Table of Contents
PNM RESOURCES, INC. AND SUBSIDIARIES
CONDENSED CONSOLIDATED STATEMENTS OF CHANGES IN EQUITY
(Unaudited)
Attributable to PNMRNon-
controlling
Interest
in Valencia
Common
Stock
AOCIRetained
Earnings
Total PNMR Common Stockholders’ EquityTotal
Equity
(In thousands)
Balance at December 31, 2019$1,150,552  $(99,377) $627,523  $1,678,698  $63,052  $1,741,750  
Net earnings (loss) before subsidiary preferred stock dividends—  —  (15,128) (15,128) 3,729  (11,399) 
Total other comprehensive income (loss)—  (4,050) —  (4,050) —  (4,050) 
Subsidiary preferred stock dividends—  —  (132) (132) —  (132) 
Dividends declared on common stock—  —  (24,493) (24,493) —  (24,493) 
Proceeds from stock option exercise24  —  —  24  —  24  
Awards of common stock(11,498) —  —  (11,498) —  (11,498) 
Stock based compensation expense3,801  —  —  3,801  —  3,801  
Valencia’s transactions with its owner—  —  —  —  (6,434) (6,434) 
Balance at March 31, 2020$1,142,879  $(103,427) $587,770  $1,627,222  $60,347  $1,687,569  
 Attributable to PNMR 
Non-
controlling
Interest
in Valencia
  
 
Common
Stock
 AOCI 
Retained
Earnings
 Total PNMR Common Stockholders’ Equity  
Total
Equity
 (In thousands)
Balance at March 31, 2019$1,148,364
 $(103,239) $639,554
 $1,684,679
 $62,779
 $1,747,458
Net earnings (loss) before subsidiary preferred stock dividends
 
 (75,782) (75,782) 3,499
 (72,283)
Total other comprehensive income
 3,057
 
 3,057
 
 3,057
Subsidiary preferred stock dividends
 
 (132) (132) 
 (132)
Proceeds from stock option exercise13
 
 
 13
 
 13
Awards of common stock(956) 
 
 (956) 
 (956)
Stock based compensation expense1,269
 
 
 1,269
 
 1,269
Valencia’s transactions with its owner
 
 
 
 (3,686) (3,686)
Balance at June 30, 2019$1,148,690
 $(100,182) $563,640
 $1,612,148
 $62,592
 $1,674,740
            
Balance at December 31, 2018$1,153,113
 $(108,684) $643,953
 $1,688,382
 $64,212
 $1,752,594
Net earnings (loss) before subsidiary preferred stock dividends
 
 (56,950) (56,950) 6,328
 (50,622)
Total other comprehensive income
 8,502
 
 8,502
 
 8,502
Subsidiary preferred stock dividends
 
 (264) (264) 
 (264)
Dividends declared on common stock
 
 (23,099) (23,099) 
 (23,099)
Proceeds from stock option exercise943
 
 
 943
 
 943
Awards of common stock(9,892) 
 
 (9,892) 
 (9,892)
Stock based compensation expense4,526
 
 
 4,526
 
 4,526
Valencia’s transactions with its owner
 
 
 
 (7,948) (7,948)
Balance at June 30, 2019$1,148,690
 $(100,182) $563,640
 $1,612,148
 $62,592
 $1,674,740


Balance at December 31, 2018$1,153,113  $(108,684) $643,953  $1,688,382  $64,212  $1,752,594  
Net earnings before subsidiary preferred stock dividends—  —  18,832  18,832  2,830  21,662  
Total other comprehensive income—  5,445  —  5,445  —  5,445  
Subsidiary preferred stock dividends—  —  (132) (132) —  (132) 
Dividends declared on common stock—  —  (23,099) (23,099) —  (23,099) 
Proceeds from stock option exercise930  —  —  930  —  930  
Awards of common stock(8,936) —  —  (8,936) —  (8,936) 
Stock based compensation expense3,257  —  —  3,257  —  3,257  
Valencia’s transactions with its owner—  —  —  —  (4,263) (4,263) 
Balance at March 31, 2019$1,148,364  $(103,239) $639,554  $1,684,679  $62,779  $1,747,458  
Balance at March 31, 2018$1,150,516
 $(105,520) $638,618
 $1,683,614
 $65,400
 $1,749,014
Net earnings before subsidiary preferred stock dividends
 
 38,340
 38,340
 4,109
 42,449
Total other comprehensive income
 1,763
 
 1,763
 
 1,763
Subsidiary preferred stock dividends
 
 (132) (132) 
 (132)
Proceeds from stock option exercise122
 
 
 122
 
 122
Awards of common stock(1,423) 
 
 (1,423) 
 (1,423)
Stock based compensation expense431
 
 
 431
 
 431
Valencia’s transactions with its owner
 
 
 
 (3,909) (3,909)
Balance at June 30, 2018$1,149,646
 $(103,757) $676,826
 $1,722,715
 $65,600
 $1,788,315
            
Balance at December 31, 2017, as originally reported$1,157,665
 $(95,940) $633,528
 $1,695,253
 $66,195
 $1,761,448
Cumulative effect adjustment (Note 7)
 (11,208) 11,208
 
 
 
Balance at January 1, 2018, as adjusted1,157,665
 (107,148) 644,736
 1,695,253
 66,195
 1,761,448
Net earnings before subsidiary preferred stock dividends
 
 53,462
 53,462
 7,786
 61,248
Total other comprehensive income
 3,391
 
 3,391
 
 3,391
Subsidiary preferred stock dividends
 
 (264) (264) 
 (264)
Dividends declared on common stock
 
 (21,108) (21,108) 
 (21,108)
Proceeds from stock option exercise924
 
 
 924
 
 924
Awards of common stock(12,268) 
 
 (12,268) 
 (12,268)
Stock based compensation expense3,325
 
 
 3,325
 
 3,325
Valencia’s transactions with its owner
 
 
 
 (8,381) (8,381)
Balance at June 30, 2018$1,149,646
 $(103,757) $676,826
 $1,722,715
 $65,600
 $1,788,315

The accompanying notes, as they relate to PNMR, are an integral part of these condensed consolidated financial statements.

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PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
A WHOLLY-OWNED SUBSIDIARY OF PNM RESOURCES, INC.
CONDENSED CONSOLIDATED STATEMENTS OF EARNINGS (LOSS)
(Unaudited)

Three Months Ended March 31,
20202019
(In thousands)
Electric Operating Revenues:
Contracts with customers$235,759  $235,941  
Alternative revenue programs2,161  66  
Other electric operating revenue10,213  33,311  
Total electric operating revenues248,133  269,318  
Operating Expenses:
Cost of energy74,524  99,339  
Administrative and general41,668  47,402  
Energy production costs33,618  35,072  
Regulatory disallowances and restructuring costs—  1,345  
Depreciation and amortization41,449  39,224  
Transmission and distribution costs10,915  10,633  
Taxes other than income taxes12,354  12,010  
Total operating expenses214,528  245,025  
Operating income33,605  24,293  
Other Income and Deductions:
Interest income3,496  3,656  
Gains (losses) on investment securities(32,849) 14,014  
Other income1,509  2,632  
Other (deductions)(2,687) (2,288) 
Net other income and deductions(30,531) 18,014  
Interest Charges17,629  18,360  
Earnings (Loss) before Income Taxes(14,555) 23,947  
Income Taxes (Benefits)(2,359) 1,973  
Net Earnings (Loss)(12,196) 21,974  
(Earnings) Attributable to Valencia Non-controlling Interest(3,729) (2,830) 
Net Earnings (Loss) Attributable to PNM(15,925) 19,144  
Preferred Stock Dividends Requirements(132) (132) 
Net Earnings (Loss) Available for PNM Common Stock$(16,057) $19,012  
 Three Months Ended June 30, Six Months Ended June 30,
 2019 2018 2019 2018
 (In thousands)
Electric Operating Revenues: 
       
Contracts with customers$228,061
 $254,728
 $464,002
 $477,291
Alternative revenue programs691
 1,789
 756
 1,854
Other electric operating revenue9,467
 7,994
 42,778
 21,597
Total electric operating revenues238,219
 264,511
 507,536
 500,742
Operating Expenses:       
Cost of energy58,866
 66,361
 158,204
 137,163
Administrative and general40,237
 40,922
 87,639
 84,648
Energy production costs42,905
 41,888
 77,977
 77,238
Regulatory disallowances and restructuring costs149,254
 1,794
 150,599
 1,794
Depreciation and amortization39,811
 38,213
 79,036
 74,840
Transmission and distribution costs11,838
 10,993
 22,471
 20,820
Taxes other than income taxes11,285
 11,461
 23,295
 23,069
Total operating expenses354,196
 211,632
 599,221
 419,572
Operating income (loss)(115,977) 52,879
 (91,685) 81,170
Other Income and Deductions:       
Interest income3,530
 3,381
 7,187
 5,868
Gains (losses) on investment securities4,599
 (1,670) 18,613
 (1,382)
Other income1,920
 2,292
 4,552
 4,684
Other (deductions)(2,340) (3,768) (4,629) (5,229)
Net other income and deductions7,709
 235
 25,723
 3,941
Interest Charges18,526
 19,988
 36,886
 40,818
Earnings (Loss) before Income Taxes(126,794) 33,126
 (102,848) 44,293
Income Taxes (Benefits)(43,481) 2,345
 (41,508) 1,997
Net Earnings (Loss)(83,313) 30,781
 (61,340) 42,296
(Earnings) Attributable to Valencia Non-controlling Interest(3,499) (4,109) (6,328) (7,786)
Net Earnings (Loss) Attributable to PNM(86,812) 26,672
 (67,668) 34,510
Preferred Stock Dividends Requirements(132) (132) (264) (264)
Net Earnings (Loss) Available for PNM Common Stock$(86,944) $26,540
 $(67,932) $34,246

The accompanying notes, as they relate to PNM, are an integral part of these condensed consolidated financial statements.


15

Table of Contents
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
A WHOLLY-OWNED SUBSIDIARY OF PNM RESOURCES, INC.
CONDENSED CONSOLIDATED STATEMENTS OF COMPREHENSIVE INCOME (LOSS)
(Unaudited)
Three Months Ended March 31,
20202019
(In thousands)
Net Earnings (Loss)$(12,196) $21,974  
Other Comprehensive Income:
Unrealized Gains on Available-for-Sale Debt Securities:
Net change in unrealized holding gains arising during the period, net of income tax (expense) benefit of $1,088 and $(1,798)(3,195) 5,280  
Reclassification adjustment for (gains) included in net earnings, net of income tax expense of $301 and $172(884) (504) 
Pension Liability Adjustment:
Reclassification adjustment for amortization of experience (gains) losses recognized as net periodic benefit cost, net of income tax expense (benefit) of $(527), and $(470)1,548  1,381  
Total Other Comprehensive Income (Loss)(2,531) 6,157  
Comprehensive Income (Loss)(14,727) 28,131  
Comprehensive (Income) Attributable to Valencia Non-controlling Interest(3,729) (2,830) 
Comprehensive Income (Loss) Attributable to PNM$(18,456) $25,301  
 Three Months Ended June 30, Six Months Ended June 30,
 2019 2018 2019 2018
 (In thousands)
Net Earnings (Loss)$(83,313) $30,781
 $(61,340) $42,296
Other Comprehensive Income:       
Unrealized Gains on Available-for-Sale Securities:
       
Unrealized holding gains arising during the period, net of income tax (expense) of $(2,250), $(91), $(4,048), and $(374)6,610
 266
 11,890
 1,098
Reclassification adjustment for (gains) included in net earnings, net of income tax expense of $1,251, $126, $1,423, and $794(3,674) (371) (4,178) (2,332)
Pension Liability Adjustment:       
Reclassification adjustment for amortization of experience (gains) losses recognized as net periodic benefit cost, net of income tax expense (benefit) of $(470), $(482), $(940), and $(962)1,381
 1,415
 2,762
 2,826
Total Other Comprehensive Income4,317
 1,310
 10,474
 1,592
Comprehensive Income (Loss)(78,996) 32,091
 (50,866) 43,888
Comprehensive (Income) Attributable to Valencia Non-controlling Interest(3,499) (4,109) (6,328) (7,786)
Comprehensive Income (Loss) Attributable to PNM$(82,495) $27,982
 $(57,194) $36,102

The accompanying notes, as they relate to PNM, are an integral part of these condensed consolidated financial statements.


16

Table of Contents


PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
A WHOLLY-OWNED SUBSIDIARY OF PNM RESOURCES, INC.
CONDENSED CONSOLIDATED STATEMENTS OF CASH FLOWS
(Unaudited)
Three Months Ended March 31,
20202019
(In thousands)
Cash Flows From Operating Activities:
Net earnings (loss)$(12,196) $21,974  
Adjustments to reconcile net earnings (loss) to net cash flows from operating activities:
Depreciation and amortization49,422  47,218  
Deferred income tax expense (benefit)(2,141) 2,063  
(Gains) losses on investment securities32,849  (14,014) 
Regulatory disallowances and restructuring costs—  1,345  
Allowance for equity funds used during construction(1,044) (1,807) 
Other, net811  432  
Changes in certain assets and liabilities:
Accounts receivable and unbilled revenues11,927  15,212  
Materials, supplies, and fuel stock4,340  3,671  
Other current assets(393) (4,098) 
Other assets4,612  10,399  
Accounts payable(260) (8,257) 
Accrued interest and taxes5,917  14,764  
Other current liabilities746  32,683  
Other liabilities(12,588) (13,524) 
Net cash flows from operating activities82,002  108,061  
Cash Flows From Investing Activities:
Utility plant additions(70,586) (75,876) 
Proceeds from sales of investment securities149,355  74,460  
Purchases of investment securities(152,108) (77,363) 
Other, net122  (48) 
Net cash flows from investing activities(73,217) (78,827) 
 Six Months Ended June 30,
 2019 2018
 (In thousands)
Cash Flows From Operating Activities:   
Net earnings (loss)$(61,340) $42,296
Adjustments to reconcile net earnings to net cash flows from operating activities:   
Depreciation and amortization94,467
 90,713
Deferred income tax expense(41,292) 2,342
(Gains) losses on investment securities(18,613) 1,382
Regulatory disallowances and restructuring costs150,599
 1,794
Allowance for equity funds used during construction(3,456) (3,879)
Other, net1,173
 1,539
Changes in certain assets and liabilities:   
Accounts receivable and unbilled revenues8,778
 (12,057)
Materials, supplies, and fuel stock(2,423) (7,071)
Other current assets(1,509) (17,995)
Other assets18,132
 8,296
Accounts payable(4,049) (13,050)
Accrued interest and taxes3,615
 (988)
Other current liabilities24,019
 (11,364)
Other liabilities(22,483) (10,300)
Net cash flows from operating activities145,618
 71,658
    
Cash Flows From Investing Activities:   
Additions to utility plant(157,874) (120,287)
Proceeds from sales of investment securities234,011
 794,088
Purchases of investment securities(239,609) (797,271)
Other, net1
 131
Net cash flows from investing activities(163,471) (123,339)

The accompanying notes, as they relate to PNM, are an integral part of these condensed consolidated financial statements.


17

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PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
A WHOLLY-OWNED SUBSIDIARY OF PNM RESOURCES, INC.
CONDENSED CONSOLIDATED STATEMENTS OF CASH FLOWS
(Unaudited)

Three Months Ended March 31,
20202019
(In thousands)
Cash Flows From Financing Activities:
Revolving credit facilities borrowings (repayments), net2,000  (42,400) 
Short-term borrowings (repayments) – affiliate, net—  (19,800) 
Long-term borrowings—  250,000  
Repayment of long-term debt—  (200,000) 
Dividends paid(132) (132) 
Valencia’s transactions with its owner(6,434) (4,263) 
Transmission interconnection and security deposit arrangements370  —  
Refunds paid under transmission interconnection arrangements(1,744) —  
Debt issuance costs and other, net(81) (635) 
Net cash flows from financing activities(6,021) (17,230) 
Change in Cash, Restricted Cash, and Equivalents2,764  12,004  
Cash, Restricted Cash, and Equivalents at Beginning of Period1,001  85  
Cash, Restricted Cash, and Equivalents at End of Period$3,765  $12,089  
Supplemental Cash Flow Disclosures:
Interest paid, net of amounts capitalized$9,397  $9,070  
Income taxes paid (refunded), net$—  $—  
Supplemental schedule of noncash investing activities:
(Increase) decrease in accrued plant additions$(2,366) $11,407  
 Six Months Ended June 30,
 2019 2018
 (In thousands)
Cash Flows From Financing Activities:   
Revolving credit facilities borrowings (repayments), net(200) (6,200)
Short-term borrowings (repayments) – affiliate, net(19,800) 4,900
Long-term borrowings250,000
 350,000
Repayment of long-term debt(200,000) (350,000)
Dividends paid(264) (264)
Valencia’s transactions with its owner(7,948) (8,381)
Amounts received under transmission interconnection arrangements
 68,200
Refunds paid under transmission interconnection arrangements(1,661) (1,661)
Debt issuance costs and other, net(120) (3,147)
Net cash flows from financing activities20,007
 53,447
    
Change in Cash, Restricted Cash, and Equivalents2,154
 1,766
Cash, Restricted Cash, and Equivalents at Beginning of Period85
 1,108
Cash, Restricted Cash, and Equivalents at End of Period$2,239
 $2,874
    
Supplemental Cash Flow Disclosures:   
Interest paid, net of amounts capitalized$34,308
 $39,881
Income taxes paid (refunded), net$(3,383) $
    
Supplemental schedule of noncash investing activities:   
(Increase) decrease in accrued plant additions$13,213
 $(841)

The accompanying notes, as they relate to PNM, are an integral part of these condensed consolidated financial statements.


18

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PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
A WHOLLY-OWNED SUBSIDIARY OF PNM RESOURCES, INC.
CONDENSED CONSOLIDATED BALANCE SHEETS
(Unaudited)
March 31,
2020
December 31,
2019
(In thousands)
ASSETS
Current Assets:
Cash and cash equivalents$3,765  $1,001  
Accounts receivable, net of allowance for credit losses of $1,414 and $1,16358,360  60,447  
Unbilled revenues35,951  46,602  
Other receivables13,001  11,039  
Affiliate receivables8,819  8,825  
Materials, supplies, and fuel stock67,886  72,225  
Regulatory assets7,331  7,373  
Income taxes receivable15,340  15,122  
Other current assets35,302  36,561  
Total current assets245,755  259,195  
Other Property and Investments:
Investment securities353,268  388,832  
Other investments56  178  
Non-utility property, net5,687  4,470  
Total other property and investments359,011  393,480  
Utility Plant:
Plant in service, held for future use, and to be abandoned5,767,449  5,753,267  
Less accumulated depreciation and amortization2,103,398  2,076,291  
3,664,051  3,676,976  
Construction work in progress152,488  108,787  
Nuclear fuel, net of accumulated amortization of $48,278 and $42,354102,768  99,805  
Net utility plant3,919,307  3,885,568  
Deferred Charges and Other Assets:
Regulatory assets474,152  435,467  
Goodwill51,632  51,632  
Operating lease right-of-use assets, net of accumulated amortization114,829  120,585  
Other deferred charges95,842  97,064  
Total deferred charges and other assets736,455  704,748  
$5,260,528  $5,242,991  
 June 30,
2019
 December 31,
2018
 (In thousands)
ASSETS   
Current Assets:   
Cash and cash equivalents$2,239
 $85
Accounts receivable, net of allowance for uncollectible accounts of $1,178 and $1,40655,435
 68,603
Unbilled revenues50,223
 47,113
Other receivables15,353
 10,650
Affiliate receivables8,949
 15,871
Materials, supplies, and fuel stock69,520
 67,097
Regulatory assets
 4,534
Income taxes receivable9,683
 12,850
Other current assets39,203
 43,516
Total current assets250,605
 270,319
Other Property and Investments:   
Investment securities362,793
 328,242
Other investments90
 91
Non-utility property, net2,469
 96
Total other property and investments365,352
 328,429
Utility Plant:   
Plant in service, held for future use, and to be abandoned5,601,599
 5,623,520
Less accumulated depreciation and amortization2,026,654
 2,006,266
 3,574,945
 3,617,254
Construction work in progress107,264
 134,221
Nuclear fuel, net of accumulated amortization of $42,410 and $42,51195,636
 95,798
Net utility plant3,777,845
 3,847,273
Deferred Charges and Other Assets:   
Regulatory assets448,946
 460,903
Goodwill51,632
 51,632
Operating lease right-of-use assets, net of accumulated amortization132,057
 
Other deferred charges78,653
 77,327
Total deferred charges and other assets711,288
 589,862
 $5,105,090
 $5,035,883
    

The accompanying notes, as they relate to PNM, are an integral part of these condensed consolidated financial statements.


19

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PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
A WHOLLY-OWNED SUBSIDIARY OF PNM RESOURCES, INC.
CONDENSED CONSOLIDATED BALANCE SHEETS
(Unaudited)
March 31,
2020
December 31,
2019
(In thousands, except share information)
LIABILITIES AND STOCKHOLDER’S EQUITY
Current Liabilities:
Short-term debt$60,000  $58,000  
Current installments of long-term debt100,308  350,268  
Accounts payable68,852  66,746  
Affiliate payables10,202  12,524  
Customer deposits10,470  10,585  
Accrued interest and taxes49,753  43,617  
Regulatory liabilities2,451  371  
Operating lease liabilities26,727  25,927  
Dividends declared40,785  132  
Other current liabilities26,776  25,066  
Total current liabilities396,324  593,236  
Long-term Debt, net of Unamortized Premiums, Discounts, and Debt Issuance Costs1,648,093  1,397,752  
Deferred Credits and Other Liabilities:
Accumulated deferred income taxes525,590  521,990  
Regulatory liabilities679,743  683,398  
Asset retirement obligations184,052  181,081  
Accrued pension liability and postretirement benefit cost84,293  87,838  
Operating lease liabilities88,686  97,992  
Other deferred credits191,734  155,744  
Total deferred credits and liabilities1,754,098  1,728,043  
Total liabilities3,798,515  3,719,031  
Commitments and Contingencies (Note 11)
Cumulative Preferred Stock
without mandatory redemption requirements ($100 stated value; 10,000,000 shares authorized; issued and outstanding 115,293 shares)11,529  11,529  
Equity:
PNM common stockholder’s equity:
Common stock (0 par value; 40,000,000 shares authorized; issued and outstanding 39,117,799 shares)1,264,918  1,264,918  
Accumulated other comprehensive income (loss), net of income taxes(101,586) (99,055) 
Retained earnings226,805  283,516  
Total PNM common stockholder’s equity1,390,137  1,449,379  
Non-controlling interest in Valencia60,347  63,052  
Total equity1,450,484  1,512,431  
$5,260,528  $5,242,991  
 June 30,
2019
 December 31,
2018
 (In thousands, except share information)
LIABILITIES AND STOCKHOLDER’S EQUITY   
Current Liabilities:   
Short-term debt$42,200
 $42,400
Short-term debt - affiliate
 19,800
Current installments of long-term debt100,187
 
Accounts payable57,852
 75,114
Affiliate payables13,581
 164
Customer deposits10,686
 10,695
Accrued interest and taxes36,215
 35,767
Regulatory liabilities6,437
 5,975
Operating lease liabilities24,092
 
Dividends declared132
 132
Other current liabilities25,682
 32,976
Total current liabilities317,064
 223,023
Long-term Debt, net of Unamortized Premiums, Discounts, and Debt Issuance Costs1,607,069
 1,656,490
Deferred Credits and Other Liabilities:   
Accumulated deferred income taxes488,202
 502,767
Regulatory liabilities693,687
 713,971
Asset retirement obligations175,847
 157,814
Accrued pension liability and postretirement benefit cost85,682
 92,981
Operating lease liabilities107,741
 
Other deferred credits215,776
 215,737
Total deferred credits and liabilities1,766,935
 1,683,270
Total liabilities3,691,068
 3,562,783
Commitments and Contingencies (Note 11)


 


Cumulative Preferred Stock   
without mandatory redemption requirements ($100 stated value; 10,000,000 shares authorized; issued and outstanding 115,293 shares)11,529
 11,529
Equity:   
PNM common stockholder’s equity:   
Common stock (no par value; 40,000,000 shares authorized; issued and outstanding 39,117,799 shares)1,264,918
 1,264,918
Accumulated other comprehensive income (loss), net of income taxes(99,948) (110,422)
Retained earnings174,931
 242,863
Total PNM common stockholder’s equity1,339,901
 1,397,359
Non-controlling interest in Valencia62,592
 64,212
Total equity1,402,493
 1,461,571
 $5,105,090
 $5,035,883

The accompanying notes, as they relate to PNM, are an integral part of these condensed consolidated financial statements.

20

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PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
A WHOLLY-OWNED SUBSIDIARY OF PNM RESOURCES, INC.
CONDENSED CONSOLIDATED STATEMENTS OF CHANGES IN EQUITY
(Unaudited)
Attributable to PNM
Total PNM
Common
Stockholder’s
Equity
Non-
controlling
Interest in Valencia
Common
Stock
AOCIRetained
Earnings
Total
Equity
(In thousands)
Balance at December 31, 2019$1,264,918  $(99,055) $283,516  $1,449,379  $63,052  $1,512,431  
Net earnings (loss)—  —  (15,925) (15,925) 3,729  (12,196) 
Total other comprehensive income (loss)—  (2,531) —  (2,531) —  (2,531) 
Dividends declared on preferred stock—  —  (132) (132) —  (132) 
Dividends declared on common stock—  —  (40,654) (40,654) —  (40,654) 
Valencia’s transactions with its owner—  —  —  —  (6,434) (6,434) 
Balance at March 31, 2020$1,264,918  $(101,586) $226,805  $1,390,137  $60,347  $1,450,484  
 Attributable to PNM    
     
Total PNM
Common
Stockholder’s
Equity
 
Non-
controlling
 Interest in Valencia
  
        
 
Common
Stock
 AOCI 
Retained
Earnings
   
Total
Equity
      
 (In thousands)
Balance at March 31, 2019$1,264,918
 $(104,265) $261,875
 $1,422,528
 $62,779
 $1,485,307
Net earnings (loss)
 
 (86,812) (86,812) 3,499
 (83,313)
Total other comprehensive income
 4,317
 
 4,317
 
 4,317
Dividends declared on preferred stock
 
 (132) (132) 
 (132)
Valencia’s transactions with its owner
 
 
 
 (3,686) (3,686)
Balance at June 30, 2019$1,264,918
 $(99,948) $174,931
 $1,339,901
 $62,592
 $1,402,493
            
Balance at December 31, 2018$1,264,918
 $(110,422) $242,863
 $1,397,359
 $64,212
 $1,461,571
Net earnings (loss)
 
 (67,668) (67,668) 6,328
 (61,340)
Total other comprehensive income
 10,474
 
 10,474
 
 10,474
Dividends declared on preferred stock
 
 (264) (264) 
 (264)
Valencia’s transactions with its owner
 
 
 
 (7,948) (7,948)
Balance at June 30, 2019$1,264,918
 $(99,948) $174,931
 $1,339,901
 $62,592
 $1,402,493


Balance at December 31, 2018$1,264,918  $(110,422) $242,863  $1,397,359  $64,212  $1,461,571  
Net earnings—  —  19,144  19,144  2,830  21,974  
Total other comprehensive income—  6,157  —  6,157  —  6,157  
Dividends declared on preferred stock—  —  (132) (132) —  (132) 
Valencia’s transactions with its owner—  —  —  —  (4,263) (4,263) 
Balance at March 31, 2019$1,264,918  $(104,265) $261,875  $1,422,528  $62,779  $1,485,307  

Balance at March 31, 2018$1,264,918
 $(108,019) $273,262
 $1,430,161
 $65,400
 $1,495,561
Net earnings
 
 26,673
 26,673
 4,108
 30,781
Total other comprehensive income
 1,310
 
 1,310
 
 1,310
Dividends declared on preferred stock
 
 (132) (132) 
 (132)
Valencia’s transactions with its owner
 
 
 
 (3,908) (3,908)
Balance at June 30, 2018$1,264,918
 $(106,709) $299,803
 $1,458,012
 $65,600
 $1,523,612
            
Balance at December 31, 2017, as originally reported$1,264,918
 $(97,093) $254,349
 $1,422,174
 $66,195
 $1,488,369
Cumulative effect adjustment (Note 7)
 (11,208) 11,208
 
 
 
Balance at January 1, 2018, as adjusted1,264,918
 (108,301) 265,557
 1,422,174
 66,195
 1,488,369
Net earnings
 
 34,510
 34,510
 7,786
 42,296
Total other comprehensive income
 1,592
 
 1,592
 
 1,592
Dividends declared on preferred stock
 
 (264) (264) 
 (264)
Valencia’s transactions with its owner
 
 
 
 (8,381) (8,381)
Balance at June 30, 2018$1,264,918
 $(106,709) $299,803
 $1,458,012
 $65,600
 $1,523,612


The accompanying notes, as they relate to PNM, are an integral part of these condensed consolidated financial statements.

21

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TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
A WHOLLY-OWNED SUBSIDIARY OF PNM RESOURCES, INC.
CONDENSED CONSOLIDATED STATEMENTS OF EARNINGS
(Unaudited)
Three Months Ended March 31,
20202019
(In thousands)
Electric Operating Revenues:
Contracts with customers$87,224  $79,757  
Alternative revenue programs(1,735) 570  
Total electric operating revenues85,489  80,327  
Operating Expenses:
Cost of energy24,186  22,287  
Administrative and general10,773  11,558  
Depreciation and amortization21,836  20,214  
Transmission and distribution costs6,371  6,045  
Taxes other than income taxes7,978  7,638  
Total operating expenses71,144  67,742  
Operating income14,345  12,585  
Other Income and Deductions:
Other income670  748  
Other (deductions)(109) (163) 
Net other income and deductions561  585  
Interest Charges7,172  8,800  
Earnings before Income Taxes7,734  4,370  
Income Taxes642  272  
Net Earnings$7,092  $4,098  
 Three Months Ended June 30, Six Months Ended June 30,
 2019 2018 2019 2018
 (In thousands)
Electric Operating Revenues: 
       
Contracts with customers$86,856
 $83,931
 $166,612
 $164,719
Alternative revenue programs5,153
 3,871
 5,724
 4,730
Total Electric Operating Revenues 
92,009
 87,802
 172,336
 169,449
Operating Expenses:       
Cost of energy24,916
 21,350
 47,204
 43,104
Administrative and general9,097
 8,852
 20,655
 19,561
Depreciation and amortization20,502
 16,113
 40,716
 32,500
Transmission and distribution costs7,357
 7,457
 13,401
 14,586
Taxes other than income taxes7,559
 7,201
 15,197
 14,337
Total operating expenses69,431
 60,973
 137,173
 124,088
Operating income22,578
 26,829
 35,163
 45,361
Other Income and Deductions:       
Other income1,191
 2,223
 1,940
 2,976
Other (deductions)(460) (1,391) (623) (1,060)
Net other income and deductions731
 832
 1,317
 1,916
Interest Charges6,560
 7,801
 15,361
 15,530
Earnings before Income Taxes16,749
 19,860
 21,119
 31,747
Income Taxes1,482
 4,493
 1,754
 6,968
Net Earnings$15,267
 $15,367
 $19,365
 $24,779

The accompanying notes, as they relate to TNMP, are an integral part of these condensed consolidated financial statements.



22

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TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
A WHOLLY-OWNED SUBSIDIARY OF PNM RESOURCES, INC.
CONDENSED CONSOLIDATED STATEMENTS OF CASH FLOWS
(Unaudited)
Three Months Ended March 31,
20202019
(In thousands)
Cash Flows From Operating Activities:
Net earnings$7,092  $4,098  
Adjustments to reconcile net earnings to net cash flows from operating activities:
Depreciation and amortization22,117  20,514  
Deferred income tax expense (benefit)(2,090) (4,343) 
Other, net(141) (231) 
Changes in certain assets and liabilities:
Accounts receivable and unbilled revenues2,099  630  
Materials and supplies(534) 155  
Other current assets939  581  
Other assets2,310  2,712  
Accounts payable(1,828) 1,075  
Accrued interest and taxes(11,376) (990) 
Other current liabilities(2,681) 3,190  
Other liabilities(700) (1,536) 
Net cash flows from operating activities15,207  25,855  
Cash Flows From Investing Activities:
Utility plant additions(60,419) (58,624) 
Net cash flows from investing activities(60,419) (58,624) 
Cash Flows From Financing Activities:
Revolving credit facilities borrowings (repayments), net55,000  (17,500) 
Short-term borrowings (repayments) – affiliate, net—  (100) 
Long-term borrowings—  225,000  
Dividends paid—  (10,713) 
Debt issuance costs and other, net(53) (1,561) 
Net cash flows from financing activities54,947  195,126  
Change in Cash and Cash Equivalents9,735  162,357  
Cash and Cash Equivalents at Beginning of Period1,000  —  
Cash and Cash Equivalents at End of Period$10,735  $162,357  
Supplemental Cash Flow Disclosures:
Interest paid, net of amounts capitalized$9,452  $3,829  
Income taxes paid (refunded), net$(131) $(235) 
Supplemental schedule of noncash investing activities:
(Increase) decrease in accrued plant additions$2,839  $10,646  
 Six Months Ended June 30,
 2019 2018
 (In thousands)
Cash Flows From Operating Activities:   
Net earnings$19,365
 $24,779
Adjustments to reconcile net earnings to net cash flows from operating activities:   
Depreciation and amortization41,379
 33,390
Deferred income tax expense (benefit)(8,004) (900)
Allowance for equity funds used during construction and other, net(680) (762)
Changes in certain assets and liabilities:   
Accounts receivable and unbilled revenues(4,573) (5,073)
Materials and supplies(233) (1,211)
Other current assets(7,155) (378)
Other assets3,544
 (5,603)
Accounts payable2,442
 (4,161)
Accrued interest and taxes1,175
 1,610
Other current liabilities3,130
 5,410
Other liabilities(1,234) 3,874
Net cash flows from operating activities49,156
 50,975
Cash Flows From Investing Activities:   
Additions to utility plant(124,376) (115,361)
Net cash flows from investing activities(124,376) (115,361)
Cash Flow From Financing Activities:   
Revolving credit facilities borrowings (repayments), net37,500
 13,500
Short-term borrowings (repayments) – affiliate, net1,500
 100
Long-term borrowings225,000
 60,000
Repayment of long-term debt(172,302) 
Dividends paid(14,811) (10,436)
Debt issuance costs and other, net(1,667) (478)
Net cash flows from financing activities75,220
 62,686
    
Change in Cash and Cash Equivalents
 (1,700)
Cash and Cash Equivalents at Beginning of Period
 1,700
Cash and Cash Equivalents at End of Period$
 $
    
Supplemental Cash Flow Disclosures:   
Interest paid, net of amounts capitalized$16,342
 $13,085
Income taxes paid (refunded), net$615
 $842
    
Supplemental schedule of noncash investing activities:   
(Increase) decrease in accrued plant additions$12,182
 $14,886

The accompanying notes, as they relate to TNMP, are an integral part of these condensed consolidated financial statements.

23



Table of Contents


TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
A WHOLLY-OWNED SUBSIDIARY OF PNM RESOURCES, INC.
CONDENSED CONSOLIDATED BALANCE SHEETS
(Unaudited)
March 31,
2020
December 31,
2019
(In thousands)
ASSETS
Current Assets:
Cash and cash equivalents$10,735  $1,000  
Accounts receivable24,729  25,442  
Unbilled revenues9,428  10,814  
Other receivables2,553  2,713  
Affiliate receivables846  —  
Materials and supplies6,238  5,704  
Regulatory assets24  —  
Other current assets564  1,280  
Total current assets55,117  46,953  
Other Property and Investments:
Other investments178  178  
Non-utility property, net9,196  6,684  
Total other property and investments9,374  6,862  
Utility Plant:
Plant in service and plant held for future use1,939,935  1,919,256  
Less accumulated depreciation and amortization526,060  516,795  
1,413,875  1,402,461  
Construction work in progress78,390  42,554  
Net utility plant1,492,265  1,445,015  
Deferred Charges and Other Assets:
Regulatory assets116,178  121,463  
Goodwill226,665  226,665  
Operating lease right-of-use assets, net of accumulated amortization9,271  9,954  
Other deferred charges4,400  3,527  
Total deferred charges and other assets356,514  361,609  
$1,913,270  $1,860,439  
 June 30,
2019
 December 31,
2018
 (In thousands)
ASSETS   
Current Assets:   
Cash and cash equivalents$
 $
Accounts receivable28,234
 24,196
Unbilled revenues10,514
 9,979
Other receivables2,412
 1,721
Affiliate receivables
 164
Materials and supplies4,970
 4,737
Regulatory assets5,533
 
Other current assets2,045
 1,114
Total current assets53,708
 41,911
Other Property and Investments:   
Other investments206
 206
Non-utility property, net4,405
 2,240
Total other property and investments4,611
 2,446
Utility Plant:   
Plant in service and plant held for future use1,754,023
 1,686,119
Less accumulated depreciation and amortization503,704
 487,734
 1,250,319
 1,198,385
Construction work in progress86,968
 51,459
Net utility plant1,337,287
 1,249,844
Deferred Charges and Other Assets:   
Regulatory assets128,018
 138,027
Goodwill226,665
 226,665
Operating lease right-of-use assets, net of accumulated amortization11,409
 
Other deferred charges7,133
 6,284
Total deferred charges and other assets373,225
 370,976
 $1,768,831
 $1,665,177

The accompanying notes, as they relate to TNMP, are an integral part of these condensed consolidated financial statements.

24

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TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
A WHOLLY-OWNED SUBSIDIARY OF PNM RESOURCES, INC.
CONDENSED CONSOLIDATED BALANCE SHEETS
(Unaudited)
March 31,
2020
December 31,
2019
(In thousands, except share information)
LIABILITIES AND STOCKHOLDER’S EQUITY
Current Liabilities:
Short-term debt$70,000  $15,000  
Accounts payable15,931  20,598  
Affiliate payables3,013  5,419  
Accrued interest and taxes30,692  42,068  
Dividends declared11,347  —  
Regulatory liabilities465  134  
 Operating lease liabilities2,624  2,753  
Other current liabilities6,903  3,565  
Total current liabilities140,975  89,537  
Long-term Debt, net of Unamortized Premiums, Discounts, and Debt Issuance Costs670,626  670,691  
Deferred Credits and Other Liabilities:
Accumulated deferred income taxes139,449  140,151  
Regulatory liabilities188,060  182,845  
Asset retirement obligations899  881  
Accrued pension liability and postretirement benefit cost6,853  7,199  
Operating lease liabilities6,459  7,039  
Other deferred credits9,577  7,469  
Total deferred credits and other liabilities351,297  345,584  
Total liabilities1,162,898  1,105,812  
Commitments and Contingencies (Note 11)
Common Stockholder’s Equity:
Common stock ($10 par value; 12,000,000 shares authorized; issued and outstanding 6,358 shares)64  64  
Paid-in-capital614,166  614,166  
Retained earnings136,142  140,397  
Total common stockholder’s equity750,372  754,627  
$1,913,270  $1,860,439  
 June 30,
2019
 December 31,
2018
 (In thousands, except share information)
LIABILITIES AND STOCKHOLDER’S EQUITY   
Current Liabilities:   
Short-term debt$55,000
 $17,500
Short-term debt – affiliate1,600
 100
Accounts payable14,064
 23,804
Affiliate payables5,484
 1,210
Accrued interest and taxes43,057
 41,882
Regulatory liabilities918
 3,471
 Operating lease liabilities2,913
 
Other current liabilities4,520
 2,861
Total current liabilities127,556
 90,828
Long-term Debt, net of Unamortized Premiums, Discounts, and Debt Issuance Costs626,456
 575,398
Deferred Credits and Other Liabilities:   
Accumulated deferred income taxes133,960
 136,238
Regulatory liabilities181,459
 177,458
Asset retirement obligations896
 860
Accrued pension liability and postretirement benefit cost6,752
 7,394
Operating lease liabilities8,403
 
Other deferred credits4,702
 2,908
Total deferred credits and other liabilities336,172
 324,858
Total liabilities1,090,184
 991,084
Commitments and Contingencies (Note 11)


 


Common Stockholder's Equity:   
Common stock ($10 par value; 12,000,000 shares authorized; issued and outstanding 6,358 shares)64
 64
Paid-in-capital534,166
 534,166
Retained earnings144,417
 139,863
Total common stockholder’s equity678,647
 674,093
 $1,768,831
 $1,665,177

The accompanying notes, as they relate to TNMP, are an integral part of these condensed consolidated financial statements.


25

Table of Contents
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
A WHOLLY-OWNED SUBSIDIARY OF PNM RESOURCES, INC.
CONDENSED CONSOLIDATED STATEMENTS OF CHANGES IN COMMON STOCKHOLDER’S EQUITY
(Unaudited)
Common StockPaid-in CapitalRetained EarningsTotal Common Stockholder’s Equity
(In thousands)
Balance at December 31, 2019$64  $614,166  $140,397  $754,627  
Net earnings—  —  7,092  7,092  
Dividends declared on common stock—  —  (11,347) (11,347) 
Balance at March 31, 2020$64  $614,166  $136,142  $750,372  
 Common Stock Paid-in Capital Retained Earnings Total Common Stockholder’s Equity
 (In thousands)
Balance at March 31, 2019$64
 $534,166
 $133,248
 $667,478
Net earnings
 
 15,267
 15,267
Dividends declared on common stock
 
 (4,098) (4,098)
Balance at June 30, 2019$64
 $534,166
 $144,417
 $678,647
        
Balance at December 31, 2018$64
 $534,166
 $139,863
 $674,093
Net earnings
 
 19,365
 19,365
Dividends declared on common stock
 
 (14,811) (14,811)
Balance at June 30, 2019$64
 $534,166
 $144,417
 $678,647


Balance at December 31, 2018$64  $534,166  $139,863  $674,093  
Net earnings—  —  4,098  4,098  
Dividends declared on common stock—  —  (10,713) (10,713) 
Balance at March 31, 2019$64  $534,166  $133,248  $667,478  

Balance at March 31, 2018$64
 $504,166
 $138,564
 $642,794
Net earnings
 
 15,367
 15,367
Dividends declared on common stock
 
 (9,413) (9,413)
Balance at June 30, 2018$64
 $504,166
 $144,518
 $648,748
        
Balance at December 31, 2017$64
 $504,166
 $130,175
 $634,405
Net earnings
 
 24,779
 24,779
Dividends declared on common stock
 
 (10,436) (10,436)
Balance at June 30, 2018$64
 $504,166
 $144,518
 $648,748


The accompanying notes, as they relate to TNMP, are an integral part of these condensed consolidated financial statements.

26


Table of Contents


PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)



(1)    Significant Accounting Policies and Responsibility for Financial Statements
(1)Significant Accounting Policies and Responsibility for Financial Statements

Financial Statement Preparation

In the opinion of management, the accompanying unaudited interim Condensed Consolidated Financial Statements reflect all normal and recurring accruals and adjustments that are necessary to present fairly the consolidated financial position at June 30, 2019March 31, 2020 and December 31, 2018,2019, and the consolidated results of operations, and comprehensive income, for the three and six months ended June 30, 2019 and 2018, and cash flows for the sixthree months ended June 30, 2019March 31, 2020 and 2018.2019. The preparation of financial statements in conformity with GAAP requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities, disclosure of contingent assets and liabilities at the date of the financial statements, and the reported amounts of revenues and expenses during the reporting period. Actual results could ultimately differ from those estimated. Weather causes the Company’s results of operations to be seasonal in nature and the results of operations presented in the accompanying Condensed Consolidated Financial Statements are not necessarily representative of operations for an entire year.


The Notes to Condensed Consolidated Financial Statements include disclosures for PNMR, PNM, and TNMP. This report uses the term “Company” when discussing matters of common applicability to PNMR, PNM, and TNMP. Discussions regarding only PNMR, PNM, or TNMP are so indicated. Certain amounts in the 20182019 Condensed Consolidated Financial Statements and Notes thereto have been reclassified to conform to the 20192020 financial statement presentation.


These Condensed Consolidated Financial Statements are unaudited. Certain information and note disclosures normally included in the annual audited Consolidated Financial Statements have been condensed or omitted, as permitted under the applicable rules and regulations. Readers of these financial statements should refer to PNMR’s, PNM’s, and TNMP’s audited Consolidated Financial Statements and Notes thereto that are included in their respective 20182019 Annual Reports on Form 10-K.

GAAP defines subsequent events as events or transactions that occur after the balance sheet date but before financial statements are issued or are available to be issued. Based on their nature, magnitude, and timing, certain subsequent events may be required to be reflected at the balance sheet date and/or required to be disclosed in the financial statements. The Company has evaluated subsequent events as required by GAAP.

Principles of Consolidation

The Condensed Consolidated Financial Statements of each of PNMR, PNM, and TNMP include their accounts and those of subsidiaries in which that entity owns a majority voting interest. PNM also consolidates Valencia (Note 6).Valencia. See Note 6. PNM owns undivided interests in several jointly-owned power plants and records its pro-rata share of the assets, liabilities, and expenses for those plants. The agreements for the jointly-owned plants provide that if an owner were to default on its payment obligations, the non-defaulting owners would be responsible for their proportionate share of the obligations of the defaulting owner. In exchange, the non-defaulting owners would be entitled to their proportionate share of the generating capacity of the defaulting owner. There have been no0 such payment defaults under any of the agreements for the jointly-owned plants.

PNMR shared services’ expenses, which represent costs that are primarily driven by corporate level activities, are charged to the business segments. These services are billed at cost and are reflected as general and administrative expenses in the business segments. Other significant intercompany transactions between PNMR, PNM, and TNMP include interest and income tax sharing payments, as well as equity transactions, and interconnection billings (Note 15).billings. See Note 15. All intercompany transactions and balances have been eliminated.

Dividends on Common Stock

Dividends on PNMR’s common stock are declared by the Board. The timing of the declaration of dividends is dependent on the timing of meetings and other actions of the Board. This has historically resulted in dividends attributable to the second quarter of each year being declared through actions of the Board during the third quarter of the year. The Board declared dividends on common stock considered to be for the second quarter of $0.290$0.29 per share in JulyFebruary 2019 and $0.265$0.3075 per share in July 2018,February 2020, which are reflected as being in the second quarter within “Dividends"Dividends Declared per Common Share”Share" on the PNMR Condensed Consolidated Statements of Earnings.


PNM declared cash dividends on its common stock to PNMR of $40.7 million in the three months ended March 31, 2020 that were subsequently paid on April 6, 2020. TNMP declared cash dividends on common stock to PNMR of $11.3
27

Table of Contents

PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)



million in the three months ended March 31, 2020 that were subsequently paid on April 1, 2020. TNMP declared and paid cash dividends on its common stock to PNMR of $4.1 million and $14.8$10.7 million in the three and six months ended June 30, 2019 and $9.4 million and $10.4 million in the three and six months ended June 30, 2018.March 31, 2019.

Investment in NM Renewable Development, LLC

As discussed in Note 1 of the 2018 Annual Reports on Form 10-K, PNMR Development and AEP OnSite Partners created NMRD in September 2017 to pursue the acquisition, development, and ownership of renewable energy generation projects, primarily in the state of New Mexico. NMRD’s current renewable energy capacity in operation is 33.9 MW. In July 2019, NMRD entered into agreements to provide power from 1.2 MW of solar-PV facilities, which are expected to be placed in commercial operation in the second half of 2019, to the City of Rio Rancho, New Mexico. PNMR Development and AEP OnSite Partners each have a 50% ownership interest in NMRD. The investment in NMRD is accounted for using the equity method of accounting because PNMR’s ownership interest results in significant influence, but not control, over NMRD and its operations.

In the six months ended June 30, 2019 and 2018, PNMR Development made cash contributions of $13.3 million and $8.0 million to NMRD to be used primarily for its construction activities. On July 22, 2019, PNMR Development made an additional cash contribution to NMRD of $11.0 million.

PNMR presents its share of net earnings from NMRD in other income on the Condensed Consolidated Statements of Earnings. Summarized financial information for NMRD is as follows:
 
Results of Operations

 Three Months Ended June 30, Six Months Ended June 30,
 2019 2018 2019 2018
 (In thousands)
Operating revenues$1,103
 $1,098
 $1,828
 $1,509
Operating expenses655
 657
 1,451
 1,006
Net earnings$448
 $441
 $377
 $503
 
Financial Position

 June 30, December 31,
 2019 2018
 (In thousands)
Current assets$2,733
 $2,581
Net property, plant, and equipment77,804
 50,784
Total assets80,537
 53,365
Current liabilities533
 237
Owners’ equity$80,004
 $53,128


New Accounting Pronouncements

Information concerning recently issued accounting pronouncements that have not been adopted by the Company is presented below. The Company does not expect difficulty in adopting these standards by their required effective dates.

Accounting Standards Update 2016-13 Financial Instruments Credit Losses (Topic 326): Measurement of Credit Losses on Financial Instruments

In June 2016, the FASB issued ASU 2016-13, which changes the way entities recognize impairment of many financial assets, including accounts receivable and investments in certain debt securities, by requiring immediate recognition of estimated credit losses expected to occur over the remaining lives of the assets. In November 2018, the FASB clarified that receivables arising from operating leases are not within the scope of Topic 326 for assets measured at amortized costs. Instead, impairments

PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)


of receivables arising from operating leases should be accounted for in accordance with Topic 842. In May 2019, the FASB issued transition relief by providing an option to irrevocably elect the fair value option for certain financial assets previously measured at amortized cost. The Company anticipates adopting ASU 2016-13 as of January 1, 2020, its required effective date. The Company is in the process of analyzing the impacts of this new standard but does not anticipate it will have a significant impact on its financial statements.

Accounting Standards Update 2017-04 Intangibles Goodwill and Other (Topic 350): Simplifying the Test for Goodwill Impairment

In January 2017, the FASB issued ASU 2017-04 to simplify the annual goodwill impairment assessment process. Currently, the first step of a quantitative impairment test requires an entity to compare the fair value of each reporting unit containing goodwill with its carrying value (including goodwill). If as a result of this analysis, the entity concludes there is an indication of impairment in a reporting unit having goodwill, the entity is required to perform the second step of the impairment analysis, determining the amount of goodwill impairment to be recorded. The amount is calculated by comparing the implied fair value of the goodwill to its carrying amount. This exercise requires the entity to allocate the fair value determined in step one to the individual assets and liabilities of the reporting unit. Any remaining fair value would be the implied fair value of goodwill on the testing date. To the extent the recorded amount of goodwill of a reporting unit exceeds the implied fair value determined in step two, an impairment loss would be reflected in results of operations. ASU 2017-04 eliminates the second step of the impairment analysis. Accordingly, if the first step of a quantitative goodwill impairment analysis performed after adoption of ASU 2017-04 indicates that the fair value of a reporting unit is less than its carrying value, the goodwill of that reporting unit would be impaired to the extent of that difference. The Company anticipates it will adopt ASU 2017-04 for impairment testing after January 1, 2020, its required effective date, although early adoption is permitted. However, if there is an indication of potential impairment of goodwill as a result of an impairment assessment prior to 2020, the Company will evaluate the impact of ASU 2017-04 and could elect to early adopt this standard.

Accounting Standards Update 2018-13 – Fair Value Measurements (Topic 820) Disclosure Framework: Changes to the Disclosure Requirements for Fair Value Measurements

In August 2018, the FASB issued ASU 2018-13 to improve fair value disclosures. ASU 2018-13 eliminates certain disclosure requirements related to transfers between Levels 1 and 2 of the fair value hierarchy and the requirement to disclose the valuation process for Level 3 fair value measurements. ASU 2018-13 also amends certain disclosure requirements for investments measured at net asset value and requires new disclosures for Level 3 investments, including a new requirement to disclose changes in unrealized gains or losses recorded in OCI related to Level 3 fair value measurements. ASU 2018-13 is effective for the Company beginning on January 1, 2020, and permits entities to adopt all or certain elements of the new guidance prior to its effective date. ASU 2018-13 requires retrospective application, except for the new disclosures related to Level 3 investments which are to be applied prospectively. As discussed in Note 9 of the Notes to the Consolidated Financial Statements in the 2018 Annual Reports on Form 10-K and in Note 7, PNM and TNMP have investment securities in trusts for decommissioning, reclamation, pension benefits, and other postretirement benefits, which are measured at fair value. Certain investments in these trusts are measured at net asset value per share. These trusts also hold Level 3 investments. The Company is evaluating the requirements of ASU 2018-13, but does not anticipate it will have a significant impact on the Company’s fair value disclosures.

Accounting Standards Update 2018-14 – Compensation - Retirement Benefits - Defined Benefit Plans (Topic 715) Disclosure Framework: Changes to the Disclosure Requirements for Defined Benefit Plans

In August 2018, the FASB issued ASU 2018-14 to improve benefit plan sponsors’ disclosures for defined benefit pension and other post-employment benefit plans. ASU 2018-14 removes the requirement to disclose the amounts in other comprehensive income expected to be recognized as benefit cost over the next fiscal year and the requirement to disclose the impact of a one-percentage-point change in the assumed health care cost trend rate; clarifies the disclosure requirements for plans with assets that are less than their projected benefit, or accumulated benefit obligation; and requires significant gains and losses affecting benefit obligations during the period be disclosed. ASU 2018-14 is effective for the Company on December 31, 2020, although early adoption is permitted, and requires retrospective application. As discussed in Note 11 of the Notes to the Consolidated Financial Statements in the 20182019 Annual Reports on Form 10-K and in Note 10, PNM and TNMP maintain qualified defined benefit, other postretirement benefit plans providing medical and dental benefits, and executive retirement programs. The Company is in the process of evaluating the requirements of ASU 2018-14 but does not anticipate these changes will have a significant impact on the Company’s defined benefit and other postretirement benefit plan disclosures.


PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)


Accounting Standards Update 2018-152019-12Intangibles - Goodwill and Other - Internal Use SoftwareIncome Taxes (Topic 350)740): Customer’sSimplifying the Accounting for Implementation Costs Incurred in a Cloud Computing Arrangement That is a Service ContractIncome Taxes

In August 2018,December 2019, the FASB issued ASU 2018-152019-12 as part of its initiative to align thereduce complexity in accounting standards. The amendments in ASU 2019-12 simplify accounting for income taxes by removing several accounting exceptions to accounting for income taxes. ASU 2019-12 also eliminates or simplifies other income tax accounting requirements, for capitalizing implementation costs incurred inincluding a hosting arrangementrequirement that entities recognize franchise tax (or similar tax) that is a service contract with the requirements for implementation costs incurred to develop or obtain internal-use software. Underpartially based on income as an income-based tax. ASU 2018-15, entities are required to capitalize implementation costs for hosting arrangements if those costs meet the capitalization requirements for internal-use software arrangements. ASU 2018-15 requires entities to present cash flows, capitalized costs, and amortization expense in the same financial statement line items as other costs incurred for such hosting arrangements. ASU 2018-152019-12 is effective for the Company beginning on January 1, 2020, although early adoption is permitted,2021 and allows entitiesfor early adoption. ASU 2019-12 is to applybe applied prospectively or retrospectively in the new requirements retrospectively or prospectively.period of adoption depending on the type of amendment. The Company is in the process of analyzing the impacts of this new standard.

Accounting Standards Update 2018-18 – Collaborative Arrangements (Topic 808): Clarifying the Interaction between Topic 808 and Topic 606
In November 2018, the FASB issued ASU 2018-18 to clarify transactions between collaborative arrangement participants that should be recognized as revenue under Topic 606. ASU 2018-18 is effective for the Company on January 1, 2020, although early adoption is permitted, and requires retrospective application. The Company has collaborative arrangements related to its interests in SJGS, Four Corners, PVNGS, and Luna. The Company believes its current accounting practices comply with the requirements of ASU 2018-18 but is in the process of analyzing the impacts of the new standard.(2)     Segment Information

(2)Segment Information

The following segment presentation is based on the methodology that management uses for making operating decisions and assessing performance of its various business activities. A reconciliation of the segment presentation to the GAAP financial statements is provided.

PNM
PNM includes the retail electric utility operations of PNM that are subject to traditional rate regulation by the NMPRC. PNM provides integrated electricity services that include the generation, transmission, and distribution of electricity for retail electric customers in New Mexico. PNM also includes the generation and sale of electricity into the wholesale market, as well as providing transmission services to third parties. The sale of electricity includes the asset optimization of PNM’s jurisdictional capacity, as well as the capacity excluded from retail rates. FERC has jurisdiction over wholesale power and transmission rates.

TNMP

TNMP is an electric utility providing services in Texas under the TECA. TNMP’s operations are subject to traditional rate regulation by the PUCT. TNMP provides transmission and distribution services at regulated rates to various REPs that, in turn, provide retail electric service to consumers within TNMP’s service area. TNMP also provides transmission services at regulated rates to other utilities that interconnect with TNMP’s facilities.


28

Table of Contents

PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)

Corporate and Other

The Corporate and Other segment includes PNMR holding company activities, primarily related to corporate level debt and PNMR Services Company. The activities of PNMR Development, NM Capital, and the equity method investment in NMRD are also included in Corporate and Other. Eliminations of intercompany income and expense transactions are reflected in the Corporate and Other segment.

The following tables present summarized financial information for PNMR by segment. PNM and TNMP each operate in only one1 segment. Therefore, tabular segment information is not presented for PNM and TNMP.


PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)


PNMR SEGMENT INFORMATION
PNMTNMPCorporate
and Other
PNMR Consolidated
(In thousands)
Three Months Ended March 31, 2020
Electric operating revenues$248,133  $85,489  $—  $333,622  
Cost of energy74,524  24,186  —  98,710  
Utility margin173,609  61,303  —  234,912  
Other operating expenses98,555  25,122  (5,476) 118,201  
Depreciation and amortization41,449  21,836  5,688  68,973  
Operating income (loss)33,605  14,345  (212) 47,738  
Interest income3,496  —  (73) 3,423  
Other income (deductions)(34,027) 561  (540) (34,006) 
Interest charges(17,629) (7,172) (5,633) (30,434) 
Segment earnings (loss) before income taxes(14,555) 7,734  (6,458) (13,279) 
Income taxes (benefit)(2,359) 642  (163) (1,880) 
Segment earnings (loss)(12,196) 7,092  (6,295) (11,399) 
Valencia non-controlling interest(3,729) —  —  (3,729) 
Subsidiary preferred stock dividends(132) —  —  (132) 
Segment earnings (loss) attributable to PNMR$(16,057) $7,092  $(6,295) $(15,260) 
At March 31, 2020:
Total Assets$5,260,528  $1,913,270  $201,321  $7,375,119  
Goodwill$51,632  $226,665  $—  $278,297  

29

 PNM TNMP 
Corporate
and Other
 PNMR Consolidated
 (In thousands)
Three Months Ended June 30, 2019 
Electric operating revenues$238,219
 $92,009
 $
 $330,228
Cost of energy58,866
 24,916
 
 83,782
Utility margin179,353
 67,093
 
 246,446
Other operating expenses255,519
 24,013
 (5,536) 273,996
Depreciation and amortization39,811
 20,502
 5,752
 66,065
Operating income (loss)(115,977) 22,578
 (216) (93,615)
Interest income3,530
 
 (70) 3,460
Other income (deductions)4,179
 731
 (78) 4,832
Interest charges(18,526) (6,560) (4,705) (29,791)
Segment earnings (loss) before income taxes(126,794) 16,749
 (5,069) (115,114)
Income taxes (benefit)(43,481) 1,482
 (832) (42,831)
Segment earnings (loss)(83,313) 15,267
 (4,237) (72,283)
Valencia non-controlling interest(3,499) 
 
 (3,499)
Subsidiary preferred stock dividends(132) 
 
 (132)
Segment earnings (loss) attributable to PNMR$(86,944) $15,267
 $(4,237) $(75,914)
        
Six Months Ended June 30, 2019       
Electric operating revenues$507,536
 $172,336
 $
 $679,872
Cost of energy158,204
 47,204
 
 205,408
Utility margin349,332
 125,132
 
 474,464
Other operating expenses361,981
 49,253
 (11,299) 399,935
Depreciation and amortization79,036
 40,716
 11,669
 131,421
Operating income (loss)(91,685) 35,163
 (370) (56,892)
Interest income7,187
 
 (139) 7,048
Other income (deductions)18,536
 1,317
 (814) 19,039
Interest charges(36,886) (15,361) (9,178) (61,425)
Segment earnings (loss) before income taxes(102,848) 21,119
 (10,501) (92,230)
Income taxes (benefit)(41,508) 1,754
 (1,854) (41,608)
Segment earnings (loss)(61,340) 19,365
 (8,647) (50,622)
Valencia non-controlling interest(6,328) 
 
 (6,328)
Subsidiary preferred stock dividends(264) 
 
 (264)
Segment earnings (loss) attributable to PNMR$(67,932) $19,365
 $(8,647) $(57,214)
        
At June 30, 2019:       
Total Assets$5,105,090
 $1,768,831
 $174,746
 $7,048,667
Goodwill$51,632
 $226,665
 $
 $278,297
Table of Contents


PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)


 PNM TNMP 
Corporate
and Other
 PNMR Consolidated
 (In thousands)
Three Months Ended June 30, 2018       
Electric operating revenues$264,511
 $87,802
 $
 $352,313
Cost of energy66,361
 21,350
 
 87,711
Utility margin198,150
 66,452
 
 264,602
Other operating expenses107,058
 23,510
 (5,358) 125,210
Depreciation and amortization38,213
 16,113
 5,737
 60,063
Operating income (loss)52,879
 26,829
 (379) 79,329
Interest income3,381
 
 958
 4,339
Other income (deductions)(3,146) 832
 (428) (2,742)
Interest charges(19,988) (7,801) (5,532) (33,321)
Segment earnings (loss) before income taxes33,126
 19,860
 (5,381) 47,605
Income taxes (benefit)2,345
 4,493
 (1,682) 5,156
Segment earnings (loss)30,781
 15,367
 (3,699) 42,449
Valencia non-controlling interest(4,109) 
 
 (4,109)
Subsidiary preferred stock dividends(132) 
 
 (132)
Segment earnings (loss) attributable to PNMR$26,540
 $15,367
 $(3,699) $38,208
        
Three Months Ended June 30, 2018       
Electric operating revenues$500,742
 $169,449
 $
 $670,191
Cost of energy137,163
 43,104
 
 180,267
Utility margin363,579
 126,345
 
 489,924
Other operating expenses207,569
 48,484
 (10,375) 245,678
Depreciation and amortization74,840
 32,500
 11,445
 118,785
Operating income (loss)81,170
 45,361
 (1,070) 125,461
Interest income5,868
 
 2,594
 8,462
Other income (deductions)(1,927) 1,916
 (349) (360)
Interest charges(40,818) (15,530) (10,028) (66,376)
Segment earnings (loss) before income taxes44,293
 31,747
 (8,853) 67,187
Income taxes (benefit)1,997
 6,968
 (3,026) 5,939
Segment earnings (loss)42,296
 24,779
 (5,827) 61,248
Valencia non-controlling interest(7,786) 
 
 (7,786)
Subsidiary preferred stock dividends(264) 
 
 (264)
Segment earnings (loss) attributable to PNMR$34,246
 $24,779
 $(5,827) $53,198
        
At June 30, 2018:       
Total Assets$4,994,277
 $1,583,311
 $172,501
 $6,750,089
Goodwill$51,632
 $226,665
 $
 $278,297

PNMTNMPCorporate
and Other
PNMR Consolidated
(In thousands)
Three Months Ended March 31, 2019
Electric operating revenues$269,318  $80,327  $—  $349,645  
Cost of energy99,339  22,287  —  121,626  
Utility margin169,979  58,040  —  228,019  
Other operating expenses106,462  25,241  (5,763) 125,940  
Depreciation and amortization39,224  20,214  5,918  65,356  
Operating income (loss)24,293  12,585  (155) 36,723  
Interest income3,656  —  (68) 3,588  
Other income (deductions)14,358  585  (735) 14,208  
Interest charges(18,360) (8,800) (4,474) (31,634) 
Segment earnings (loss) before income taxes23,947  4,370  (5,432) 22,885  
Income taxes (benefit)1,973  272  (1,022) 1,223  
Segment earnings (loss)21,974  4,098  (4,410) 21,662  
Valencia non-controlling interest(2,830) —  —  (2,830) 
Subsidiary preferred stock dividends(132) —  —  (132) 
Segment earnings (loss) attributable to PNMR$19,012  $4,098  $(4,410) $18,700  
At March 31, 2019:
Total Assets$5,202,039  $1,871,780  $176,939  $7,250,758  
Goodwill$51,632  $226,665  $—  $278,297  

The Company defines utility margin as electric operating revenues less cost of energy. Cost of energy consists primarily of fuel and purchase power costs for PNM and costs charged by third-party transmission providers for TNMP. The Company believes that utility margin provides a more meaningful basis for evaluating operations than electric operating revenues since substantially all such costs are offset in revenues as fuel and purchase power costs are passed through to customers under PNM’s FPPAC and third-party transmission costs are passed on to customers through TNMP’s transmission cost recovery factor. Utility margin is not a financial measure required to be presented under GAAP and is considered a non-GAAP measure.



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PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)


(3)(3)   Accumulated Other Comprehensive Income (Loss)


Information regarding accumulated other comprehensive income (loss) for the sixthree months ended June 30,March 31, 2020 and 2019 and 2018 is as follows:
Accumulated Other Comprehensive Income (Loss)
PNMPNMR
UnrealizedFair Value
Gains onAdjustment
Available-for-Pensionfor Cash
Sale DebtLiabilityFlow
SecuritiesAdjustmentTotalHedgesTotal
(In thousands)
Balance at December 31, 2019$10,638  $(109,693) $(99,055) $(322) $(99,377) 
Amounts reclassified from AOCI (pre-tax)(1,185) 2,075  890  (38) 852  
Income tax impact of amounts reclassified301  (527) (226) 10  (216) 
Other OCI changes (pre-tax)(4,283) —  (4,283) (1,998) (6,281) 
Income tax impact of other OCI changes1,088  —  1,088  507  1,595  
Net after-tax change(4,079) 1,548  (2,531) (1,519) (4,050) 
Balance at March 31, 2020$6,559  $(108,145) $(101,586) $(1,841) $(103,427) 
 Accumulated Other Comprehensive Income (Loss)
 PNM PNMR
 Unrealized     Fair Value  
 Gains on     Adjustment  
 Available-for- Pension   for Cash  
 Sale Liability   Flow  
 Securities Adjustment Total Hedges Total
 (In thousands)
Balance at December 31, 2018$1,939
 $(112,361) $(110,422) $1,738
 $(108,684)
Amounts reclassified from AOCI (pre-tax)(5,601) 3,702
 (1,899) 525
 (1,374)
Income tax impact of amounts reclassified1,423
 (940) 483
 (133) 350
 Other OCI changes (pre-tax)15,938
 
 15,938
 (3,169) 12,769
Income tax impact of other OCI changes(4,048) 
 (4,048) 805
 (3,243)
Net after-tax change7,712
 2,762
 10,474
 (1,972) 8,502
Balance at June 30, 2019$9,651
 $(109,599) $(99,948) $(234) $(100,182)
Balance at December 31, 2017, as originally reported$13,169
 $(110,262) $(97,093) $1,153
 $(95,940)
Cumulative effect adjustment (Note 7)(11,208) 
 (11,208) 
 (11,208)
Balance at January 1, 2018, as adjusted1,961
 (110,262) (108,301) 1,153
 (107,148)
 Amounts reclassified from AOCI (pre-tax)(3,126) 3,788
 662
 (7) 655
Income tax impact of amounts reclassified794
 (962) (168) 1
 (167)
 Other OCI changes (pre-tax)1,472
 
 1,472
 2,420
 3,892
Income tax impact of other OCI changes(374) 
 (374) (615) (989)
Net after-tax change(1,234) 2,826
 1,592
 1,799
 3,391
Balance at June 30, 2018$727
 $(107,436) $(106,709) $2,952
 $(103,757)

Balance at December 31, 2018$1,939  $(112,361) $(110,422) $1,738  $(108,684) 
 Amounts reclassified from AOCI (pre-tax)(676) 1,851  1,175  270  1,445  
Income tax impact of amounts reclassified172  (470) (298) (68) (366) 
 Other OCI changes (pre-tax)7,078  —  7,078  (1,225) 5,853  
Income tax impact of other OCI changes(1,798) —  (1,798) 311  (1,487) 
Net after-tax change4,776  1,381  6,157  (712) 5,445  
Balance at March 31, 2019$6,715  $(110,980) $(104,265) $1,026  $(103,239) 

The Condensed Consolidated Statements of Earnings include pre-tax amounts reclassified from AOCI related to Unrealized Gains on Available-for-Sale Debt Securities in gains (losses) on investment securities, related to Pension Liability Adjustment in other (deductions), and related to Fair Value Adjustment for Cash Flow Hedges in interest charges. The income tax impacts of all amounts reclassified from AOCI are included in income taxes in the Condensed Consolidated Statements of Earnings.

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PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)

(4)    Earnings Per Share

(4)Earnings Per Share

In accordance with GAAP, dual presentation of basic and diluted earnings per share is presented in the Condensed Consolidated Statements of Earnings of PNMR. PNMR’s potentially dilutive shares consist of restricted stock and PNMR common stock issuable under the PNMR 2020 Forward Equity Sale Agreements, which are calculated under the treasury stock method. See Notes 8 and 9. Information regarding the computation of earnings per share is as follows:
 Three Months Ended Six Months Ended
 June 30, June 30,
 2019 2018 2019 2018
 (In thousands, except per share amounts)
Net Earnings (Loss) Attributable to PNMR$(75,914) $38,208
 $(57,214) $53,198
Average Number of Common Shares:       
Outstanding during period79,654
 79,654
 79,654
 79,654
    Vested awards of restricted stock
263
 211
 251
 208
Average Shares – Basic79,917
 79,865
 79,905
 79,862
Dilutive Effect of Common Stock Equivalents:(1)
       
Stock options and restricted stock
 114
 
 134
Average Shares – Diluted79,917
 79,979
 79,905
 79,996
Net Earnings (Loss) Per Share of Common Stock:       
Basic$(0.95) $0.48
 $(0.72) $0.67
Diluted(1)
$(0.95) $0.48
 $(0.72) $0.67


Three Months Ended
March 31,
20202019
(In thousands, except per share amounts)
Net Earnings (Loss) Attributable to PNMR$(15,260) $18,700  
Average Number of Common Shares:
Outstanding during period79,654  79,654  
    Vested awards of restricted stock
217  239  
Average Shares – Basic79,871  79,893  
Dilutive Effect of Common Stock Equivalents:
Restricted stock—  78  
Average Shares – Diluted(1)
79,871  79,971  
Net Earnings (Loss) Per Share of Common Stock:
Basic$(0.19) $0.23  
Diluted$(0.19) $0.23  
(1)Due to No potentially dilutive restricted stock or PNMR common stock under the lossPNMR 2020 Forward Equity Sale Agreements have been included in the computation of Average Shares – Diluted for the three and six months ended June 30, 2019, no potentially dilutive shares are reflected inMarch 31, 2020 since the average number of shares used to compute net earnings (loss) per share of common stock since any impacteffect would be anti-dilutive. At June 30, 2019, PNMR’s potentially dilutive shares consist of stock options and restricted stock (see Note 8).

(5)Electric Operating Revenues
(5)   Electric Operating Revenues

PNMR is an investor-owned holding company with two2 regulated utilities providing electricity and electric services in New Mexico and Texas. PNMR’s electric utilities are PNM and TNMP.

Additional information concerning electric operating revenue is contained in Note 4 of the Notes to Consolidated Financial Statements in the 20182019 Annual Reports on Form 10-K.

Accounts Receivable and Allowance for Credit Losses

Accounts receivable consists primarily of trade receivables from customers. In the normal course of business, credit is extended to customers on a short-term basis. The Company estimates the allowance for credit losses on trade receivables based on historical experience and estimated default rates. Accounts receivable balances are reviewed monthly and adjustments to the allowance for credit losses are made as necessary and amounts that are deemed uncollectible are written off. On January 1, 2020, the Company adopted Accounting Standards Update 2016-13 – Financial Instruments – Credit Losses (Topic 326): Measurement of Credit Losses on Financial Instruments. As a result of the adoption of the new standard, PNM updated its allowance for accounts receivable balances and recorded incremental credit losses of $0.3 million in the three months ended March 31, 2020. See additional discussion of ASU 2016-13 in Note 7.
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PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)


Disaggregation of Revenues

A disaggregation of revenues from contracts with customers by the type of customer is presented in the table below. The table also reflects alternative revenue program revenues (“ARP”("ARP") and other revenues.
PNMTNMPPNMR Consolidated
Three Months Ended March 31, 2020(In thousands)
Electric Operating Revenues:
Contracts with customers:
Retail electric revenue
Residential$102,809  $31,898  $134,707  
Commercial86,349  28,685  115,034  
Industrial19,466  6,533  25,999  
Public authority4,347  1,423  5,770  
Economy energy service5,253  —  5,253  
Transmission14,167  18,012  32,179  
Miscellaneous3,368  673  4,041  
Total revenues from contracts with customers235,759  87,224  322,983  
Alternative revenue programs2,161  (1,735) 426  
Other electric operating revenues10,213  —  10,213  
Total Electric Operating Revenues$248,133  $85,489  $333,622  
  PNM TNMP PNMR Consolidated
Three Months Ended June 30, 2019 (In thousands)
Electric Operating Revenues:      
Contracts with customers:      
Retail electric revenue      
Residential $86,328
 $33,640
 $119,968
Commercial 98,968
 28,058
 127,026
Industrial 15,329
 5,295
 20,624
Public authority 4,596
 1,391
 5,987
Economy energy service 6,024
 
 6,024
Transmission 14,342
 17,585
 31,927
Miscellaneous 2,474
 887
 3,361
Total revenues from contracts with customers 228,061
 86,856
 314,917
Alternative revenue programs 691
 5,153
 5,844
Other electric operating revenues 9,467
 
 9,467
Total Electric Operating Revenues $238,219
 $92,009
 $330,228
       


Three Months Ended March 31, 2019
Electric Operating Revenues:
Contracts with customers:
Retail electric revenue
Residential$107,302  $30,432  $137,734  
Commercial85,233  27,429  112,662  
Industrial14,747  5,616  20,363  
Public authority4,711  1,374  6,085  
Economy energy service6,922  —  6,922  
Transmission13,385  14,003  27,388  
Miscellaneous3,641  903  4,544  
Total revenues from contracts with customers235,941  79,757  315,698  
Alternative revenue programs66  570  636  
Other electric operating revenues33,311  —  33,311  
Total Electric Operating Revenues$269,318  $80,327  $349,645  
PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)


  PNM TNMP PNMR Consolidated
Six Months Ended June 30, 2019 (In thousands)
Electric Operating Revenues:      
Contracts with customers:      
Retail electric revenue      
Residential $193,629
 $64,072
 $257,701
Commercial 184,201
 55,487
 239,688
Industrial 30,076
 10,911
 40,987
Public authority 9,307
 2,764
 12,071
Economy energy service 12,946
 
 12,946
Transmission 27,727
 31,589
 59,316
Miscellaneous 6,116
 1,789
 7,905
Total revenues from contracts with customers 464,002
 166,612
 630,614
Alternative revenue programs 756
 5,724
 6,480
Other electric operating revenues 42,778
 
 42,778
Total Electric Operating Revenues $507,536
 $172,336
 $679,872

Contract Balances
Three Months Ended June 30, 2018  
Electric Operating Revenues:      
Contracts with customers:      
Retail electric revenue      
Residential $99,508
 $31,315
 $130,823
Commercial 110,652
 28,082
 138,734
Industrial 14,597
 4,184
 18,781
Public authority 5,220
 1,399
 6,619
Economy energy service 6,378
 
 6,378
Transmission 14,108
 16,743
 30,851
Miscellaneous 4,265
 2,208
 6,473
Total revenues from contracts with customers 254,728
 83,931
 338,659
Alternative revenue programs 1,789
 3,871
 5,660
Other electric operating revenues 7,994
 
 7,994
Total Electric Operating Revenues $264,511
 $87,802
 $352,313
       
Six Months Ended June 30, 2018  
Electric Operating Revenues:      
Contracts with customers:      
Retail electric revenue      
Residential $196,676
 $60,581
 $257,257
Commercial 193,501
 55,234
 248,735
Industrial 28,056
 8,489
 36,545
Public authority 9,855
 2,815
 12,670
Economy energy service 13,666
 
 13,666
Transmission 26,590
 33,251
 59,841
Miscellaneous 8,947
 4,349
 13,296
Total revenues from contracts with customers 477,291
 164,719
 642,010
Alternative revenue programs 1,854
 4,730
 6,584
Other electric operating revenues 21,597
 
 21,597
Total Electric Operating Revenues $500,742
 $169,449
 $670,191



PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)


Contract balances

Performance obligations related to contracts with customers are typically satisfied when the energy is delivered and the customer or end-user utilizes the energy. Accounts receivable from customers represent amounts billed, to the customer or end-user, including amounts under ARPs. For PNM, accounts receivable reflected on the Condensed Consolidated Balance Sheets, net of allowance for uncollectible accounts,credit losses, includes $52.7$56.7 million at June 30, 2019March 31, 2020 and $61.7$59.3 million at December 31, 20182019 resulting from contracts with customers. All of TNMP’s accounts receivable results from contracts with customers.

Contract assets are an entity’s right to consideration in exchange for goods or services that the entity has transferred to a customer when that right is conditioned on something other than the passage of time (for example, the entity’s future performance). The Company has no0 contract assets as of June 30, 2019March 31, 2020 or December 31, 2018.2019. Contract liabilities arise when consideration is received in advance from a customer before satisfying the performance obligations. Therefore, revenue
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PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)

is deferred and not recognized until the obligation is satisfied. Under its Open Access Transmission Tariff,OATT, PNM accepts upfront consideration for capacity reservations requested by transmission customers, which requires PNM to defer the customer’s transmission capacity rights for a specific period of time. PNM recognizes the revenue of these capacity reservations over the period it defers the customer's capacity rights have been reserved, which is generally over one year.rights. Other utilities pay PNM and TNMP in advance for the joint-use of their utility poles. These revenues are recognized over the period of time specified in the joint-use contract, typically for one calendar year. Deferred revenues on these arrangements are recorded as contract liabilities. PNMR's, PNM's, and TNMP's contract liabilities and related revenues are insignificant for all periods presented. The Company has no other arrangements with remaining performance obligations to which a portion of the transaction price would be required to be allocated.

Changes during the period in the balances of contract liabilities, which are included in other current liabilities on the Condensed Consolidated Balance Sheets, are as follows:
  PNM TNMP PNMR Consolidated
  (In thousands)
Balance at December 31, 2018 $349
 $
 $349
Consideration received in advance of service to be provided 4,157
 1,517
 5,674
Deferred revenue earned (2,259) (776) (3,035)
Balance at June 30, 2019 $2,247
 $741
 $2,988

(6)
(6)     Variable Interest Entities


GAAP determines how an enterprise evaluates and accounts for its involvement with variable interest entities, focusing primarily on whether the enterprise has the power to direct the activities that most significantly impact the economic performance of a variable interest entity (“VIE”). GAAP also requires continual reassessment of the primary beneficiary of a VIE. Additional information concerning PNM’s VIEs is contained in Note 10 of the Notes to Consolidated Financial Statements in the 20182019 Annual Reports on Form 10-K.

Valencia

PNM has a PPA to purchase all of the electric capacity and energy from Valencia, a 158 MW natural gas-fired power plant near Belen, New Mexico, through May 2028. A third party built, owns, and operates the facility while PNM is the sole purchaser of the electricity generated. PNM is obligated to pay fixed operation and maintenance and capacity charges in addition to variable operation and maintenance charges under this PPA. For the three and six months ended June 30,March 31, 2020 and 2019, PNM paid $5.0 million and $9.9$4.9 million for fixed charges and $0.2$0.4 million and $0.3 million for variable charges. For the three and six months ended June 30, 2018, PNM paid $4.9 million and $9.8 million for fixed charges and $0.6 million and $0.9less than $0.1 million for variable charges. PNM does not have any other financial obligations related to Valencia. The assets of Valencia can only be used to satisfy its obligations and creditors of Valencia do not have any recourse against PNM’s assets. During the term of the PPA, PNM has the option, under certain conditions, to purchase and own up to 50% of the plant or the VIE. The PPA specifies that the purchase price would be the greater of 50% of book value reduced by related indebtedness or 50% of fair market value.

PNM sources fuel for the plant, controls when the facility operates through its dispatch, and receives the entire output of the plant, which factors directly and significantly impact the economic performance of Valencia. Therefore, PNM has concluded

PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)


that the third-party entity that owns Valencia is a VIE and that PNM is the primary beneficiary of the entity under GAAP since PNM has the power to direct the activities that most significantly impact the economic performance of Valencia and will absorb the majority of the variability in the cash flows of the plant. As the primary beneficiary, PNM consolidates Valencia in its financial statements. Accordingly, the assets, liabilities, operating expenses, and cash flows of Valencia are included in the Condensed Consolidated Financial Statements of PNM although PNM has no legal ownership interest or voting control of the VIE. The assets and liabilities of Valencia set forth below are immaterial to PNM and, therefore, not shown separately on the Condensed Consolidated Balance Sheets. The owner’s equity and net income of Valencia are considered attributable to non-controlling interest.

Summarized financial information for Valencia is as follows:
Results of Operations
Three Months Ended March 31,
20202019
(In thousands)
Operating revenues$5,353  $4,952  
Operating expenses1,624  2,122  
Earnings attributable to non-controlling interest$3,729  $2,830  
 
Results of Operations

 Three Months Ended June 30, Six Months Ended June 30,
 2019 2018 2019 2018
 (In thousands)
Operating revenues$5,177
 $5,911
 $10,129
 $10,679
Operating expenses1,678
 1,802
 3,801
 2,893
Earnings attributable to non-controlling interest$3,499
 $4,109
 $6,328
 $7,786

 
Financial Position

 June 30, December 31,
 2019 2018
 (In thousands)
Current assets$3,174
 $2,684
Net property, plant, and equipment60,003
 62,066
Total assets63,177
 64,750
Current liabilities585
 538
Owners’ equity – non-controlling interest$62,592
 $64,212

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PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)

Financial Position

March 31,December 31,
20202019
(In thousands)
Current assets$3,297  $5,094  
Net property, plant, and equipment57,871  58,581  
Total assets61,168  63,675  
Current liabilities821  623  
Owners’ equity – non-controlling interest$60,347  $63,052  

Westmoreland San Juan Mining, LLC

As discussed in the subheading Coal Supply in Note 11, PNM purchases coal for SJGS under a coal supply agreement (“the SJGS CSA”). That section includes information on the acquisition of SJCC by WSJ, a subsidiary of Westmoreland Coal Company (“Westmoreland”), on January 31, 2016, as well as the $125.0 million loan (the “Westmoreland Loan”) from NM Capital, a subsidiary of PNMR, to WSJ, which loan provided substantially all of the funds required for the purchase of SJCC. On May 22, 2018, the full principal outstanding under the Westmoreland Loan was repaid. NM Capital used a portion of the proceeds to repay all remaining amounts owed under the BTMU Term Loan. These payments effectively terminated the loan agreements and PNMR’s guarantee of NM Capital’s obligations under the BTMU Term Loan. Prior to its repayment, the Westmoreland Loan resulted in PNMR being considered to have a variable interest in WSJ, including its subsidiary, SJCC, since PNMR and NM Capital were subject to possible loss in the event of default of WSJ.

CSA. On October 9, 2018, Westmoreland filed a Current Report on Form 8-K with the SEC announcing it had filed voluntary petitions for relief under Chapter 11 of the U.S. Bankruptcy Code. On March 15, 2019, Westmoreland emerged from Chapter 11 bankruptcy as a privately held company owned and operated by a group of its former creditors. Under the reorganization, the assets of SJCC were sold to Westmoreland San Juan Mining, LLC (“WSJ LLC”), a subsidiary of Westmoreland Mining Holdings, LLC. As successor entity to SJCC, WSJ LLC assumed all rights and obligations of WSJ including obligations to PNM under the SJGS CSA and to PNMR under a letter of credit support agreement. See (Note 11).agreements.

PNMR issued $30.3 million in letters of credit to facilitate the issuance of reclamation bonds required in order for SJCC to mine coal to be supplied to SJGS. As discussed above, WSJ LLC assumed the rights and obligations of SJCC, including obligations to PNMR for the letters of credit. The letters of credit support results in PNMR being considered to havehaving a variable

PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)


interest in WSJ LLC since PNMR is subject to possible loss in the event performance by PNMR is required under the letters of credit support. PNMR considers the possibility of loss under the letters of credit support to be remote since the purpose of posting the bonds is to provide assurance that WSJ LLC performs the required reclamation of the mine site in accordance with applicable regulations and all reclamation costs are reimbursable under the SJGS CSA. Also, much of the mine reclamation activities will not be performed until after the expiration of the SJGS CSA. In addition, each of the SJGS participants has established and funds a trustactively fund trusts to meet its future reclamation obligations.
WSJ LLC is considered to be a VIE.  PNMR’s analysis of its arrangements with WSJ LLC concluded that WSJ LLC has the ability to direct its mining operations, which is the factor that most significantly impacts the economic performance of WSJ LLC.  Other than PNM being able to ensure that coal is supplied in adequate quantities and of sufficient quality to provide the fuel necessary to operate SJGS in a normal manner, the mining operations are solely under the control of WSJ LLC, including developing mining plans, hiring of personnel, and incurring operating and maintenance expenses. Neither PNMR nor PNM has any ability to direct or influence the mining operation.  PNM’s involvement through the SJGS CSA which was assumed by WSJ LLC pursuant to the March 15, 2019 purchase of the assets owned by SJCC by WSJ LLC, is a protective right rather than a participating right and WSJ LLC has the power to direct the activities that most significantly impact the economic performance of WSJ LLC.  The SJGS CSA requires WSJ LLC to deliver coal required to fuel SJGS in exchange for payment of a set price per ton, which is escalated over time for inflation.  If WSJ LLC is able to mine more efficiently than anticipated, its economic performance will be improved.  Conversely, if WSJ LLC cannot mine as efficiently as anticipated, its economic performance will be negatively impacted.  Accordingly, PNMR believes WSJ LLC is the primary beneficiary and, therefore, WSJ LLC is not consolidated by either PNMR or PNM. The amounts outstanding under the letterletters of credit support constitute PNMR’s maximum exposure to loss from the VIE at June 30, 2019.March 31, 2020.

(7)Fair Value of Derivative and Other Financial Instruments
(7)    Fair Value of Derivative and Other Financial Instruments

Additional information concerning energy related derivative contracts and other financial instruments is contained in Note 9 of the Notes to Consolidated Financial Statements in the 20182019 Annual Reports on Form 10-K.

Fair value is defined under GAAP as the price that would be received for an asset or paid to transfer a liability (an exit price) in the principal or most advantageous market for the asset or liability in an orderly transaction between market participants on the measurement date. Fair value is based on current market quotes as available and is supplemented by
35

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PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)

modeling techniques and assumptions made by the Company to the extent quoted market prices or volatilities are not available. External pricing input availability varies based on commodity location, market liquidity, and term of the agreement. Valuations of derivative assets and liabilities take into account nonperformance risk, including the effect of counterparties’ and the Company’s credit risk. The Company regularly assesses the validity and availability of pricing data for its derivative transactions. Although the Company uses its best judgment in estimating the fair value of these instruments, there are inherent limitations in any estimation technique.

Energy Related Derivative Contracts
Overview

The primary objective for the use of commodity derivative instruments, including energy contracts, options, swaps, and futures, is to manage price risk associated with forecasted purchases of energy and fuel used to generate electricity, as well as managing anticipated generation capacity in excess of forecasted demand from existing customers. PNM’s energy related derivative contracts manage commodity risk. PNM is required to meet the demand and energy needs of its customers. PNM is exposed to market risk for the needs of its customers not covered under a FPPAC.

Beginning January 1, 2018, PNM is exposed to market risk for its 65 MW interest in SJGS Unit 4, which is held as merchant plant as ordered by the NMPRC. PNM has entered into agreements to sell power from 36 MW of that capacity to a third party at a fixed price for the period January 1, 2018 through June 30,May 31, 2022, subject to certain conditions. Under these agreements, PNM is obligated to deliver 36 MW of power only when SJGS Unit 4 is operating.  These agreements are not considered derivatives because there is no notional amount due to the unit-contingent nature of the transactions.

PNM and Tri-State have a hazard sharing agreement whichthat expires onin May 31, 2022. Under this agreement, each party sells the other party 100 MW of capacity and energy from a designated generation resource on a unit contingent basis, subject to

PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)


certain performance guarantees.  Both the purchases and sales are made at the same market index price.  This agreement serves to reduce the magnitude of each party’s single largest generating hazard and assists in enhancing the reliability and efficiency of their respective operations. PNM passes the sales and purchases through to customers under PNM’s FPPAC.

PNM’s operations are managed primarily through a net asset-backed strategy, whereby PNM’s aggregate net open forward contract position is covered by its forecasted excess generation capabilities or market purchases. PNM could be exposed to market risk if its generation capabilities were to be disrupted or if its load requirements were to be greater than anticipated. If all or a portion of load requirements were required to be covered as a result of such unexpected situations, commitments would have to be met through market purchases. TNMP does not enter into energy related derivative contracts.

Commodity Risk

Marketing and procurement of energy often involve market risks associated with managing energy commodities and establishing positions in the energy markets, primarily on a short-term basis. PNM routinely enters into various derivative instruments such as forward contracts, option agreements, and price basis swap agreements to economically hedge price and volume risk on power commitments and fuel requirements and to minimize the effect of market fluctuations. PNM monitors the market risk of its commodity contracts in accordance with approved risk and credit policies.

Accounting for Derivatives

Under derivative accounting and related rules for energy contracts, PNM accounts for its various instruments for the purchase and sale of energy, which meet the definition of a derivative, based on PNM’s intent. During the sixthree months ended June 30, 2019March 31, 2020 and the year ended December 31, 2018,2019, PNM was not hedging its exposure to the variability in future cash flows from commodity derivatives through designated cash flows hedges. The derivative contracts recorded at fair value that do not qualify or are not designated for cash flow hedge accounting are classified as economic hedges. Economic hedges are defined as derivative instruments, including long-term power agreements, used to economically hedge generation assets, purchased power and fuel costs, and customer load requirements. Changes in the fair value of economic hedges are reflected in results of operations and are classified between operating revenues and cost of energy according to the intent of the hedge. PNM has no trading transactions.

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PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)

Commodity Derivatives

PNM’s commodity derivative instruments that are recorded at fair value, all of which are accounted for as economic hedges and considered Level 2 fair value measurements, are presented in the following line items on the Condensed Consolidated Balance Sheets:
Economic Hedges
March 31,
2020
December 31,
2019
(In thousands)
Other current assets$1,095  $1,089  
Other deferred charges1,275  1,507  
2,370  2,596  
Other current liabilities(1,095) (1,089) 
Other deferred credits(1,275) (1,507) 
(2,370) (2,596) 
Net$—  $—  
 Economic Hedges
 June 30,
2019
 December 31,
2018
 (In thousands)
Other current assets$1,164
 $1,083
Other deferred charges2,028
 2,511
 3,192
 3,594
Other current liabilities(1,142) (1,177)
Other deferred credits(2,028) (2,511)
 (3,170) (3,688)
Net$22
 $(94)
Certain of PNM’s commodity derivative instruments in the above table are subject to master netting agreements whereby assets and liabilities could be offset in the settlement process. PNM does not offset fair value and cash collateral for derivative instruments under master netting arrangements and the above table reflects the gross amounts of fair value assets and liabilities for commodity derivatives. Included inAll of the above table are equal amounts of assets and liabilities aggregating $3.1 millionin the table above at June 30, 2019March 31, 2020 and $3.6 million at December 31, 2018 resulting2019 result from PNM’s hazard sharing arrangements with Tri-State. The hazard sharing arrangements are net-settled upon delivery. Other amounts that could be offset under master netting agreements were immaterial.

PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)



At June 30, 2019March 31, 2020 and December 31, 2018,2019, PNM had no0 amounts recognized for the legal right to reclaim cash collateral. However, at June 30, 2019March 31, 2020 and December 31, 2018,2019, amounts posted as cash collateral under margin arrangements were $0.5 million and $1.0 million. At June 30, 2019March 31, 2020 and December 31, 2018,2019, obligations to return cash collateral were $0.9 million and $1.0 million. Cash collateral amounts are included in other current assets and other current liabilities on the Condensed Consolidated Balance Sheets.

PNM has a NMPRC-approved hedging plan to manage fuel and purchased power costs related to customers covered by its FPPAC. There were insignificant0 amounts hedged under this plan as of June 30, 2019 and no amounts were hedged under this plan as ofMarch 31, 2020 or December 31, 2018.2019.
The effects of mark-to-market commodity derivative instruments on PNM’s revenues and cost of energy during the three and six months ended June 30,March 31, 2020 and 2019 and 2018 were less than $0.1 million. Commodity derivatives had no impact on OCI for the periods presented.

Commodity contractPNM's energy and gas commodity volume positions are presented in MMBTU for gas related contractsat March 31, 2020 and in MWh for power related contracts. The table below presents PNM’sDecember 31, 2019 net buy (sell) volume positions:to 0.
  Economic Hedges
  MMBTU MWh
June 30, 2019 565,000
 (42,000)
December 31, 2018 100,000
 

PNM has contingent requirements to provide collateral under commodity contracts having an objectively determinable collateral provision that are in net liability positions and are not fully collateralized with cash. In connection with managing its commodity risks, PNM enters into master agreements with certain counterparties. If PNM is in a net liability position under an agreement, some agreements provide that the counterparties can request collateral if PNM’s credit rating is downgraded; other agreements provide that the counterparty may request collateral to provide it with “adequate assurance” that PNM will perform; and others have no provision for collateral. At June 30, 2019March 31, 2020 and December 31, 2018,2019, PNM had no0 such contracts in a net liability position.

Non-Derivative Financial Instruments

The carrying amounts reflected on the Condensed Consolidated Balance Sheets approximate fair value for cash, receivables, and payables due to the short period of maturity. Investment securities are carried at fair value. Investment securities consist of PNM assets held in the NDT for its share of decommissioning costs of PVNGS and trusts for PNM’s share of final reclamation costs related to the coal mines serving SJGS and Four Corners (Note 11).Corners. See Note 11. At June 30, 2019March 31, 2020 and December 31, 2018,2019, the fair value of investment securities included $318.8$299.9 million and $287.1$336.0 million for the NDT and $44.0$53.4 million and $41.1$52.8 million for the mine reclamation trusts.

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As discussed in Note 9 of the Notes to Consolidated Financial Statements in the 2018 Annual Reports on Form 10-K, on January 1, 2018 the Company adopted
Accounting Standards Update 2016-01 Financial Instruments (Subtopic 825-10). Accordingly, on January 1, 2018 PNM recorded an after-tax cumulative effect adjustment of $11.2 million to reclassify unrealized holding gains on equity securities held in the NDT and coal mine reclamation trusts from AOCI to retained earnings on the Condensed Consolidated Balance Sheets. After January 1, 2018, all gains and losses resulting from sales and changes in the fair value of equity securities are recognized in earnings. Under ASU 2016-01, the accounting for available-for-sale debt securities remains essentially unchanged.

PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)


In June 2016, the FASB issued Accounting Standards Update 2016-13 – Financial Instruments – Credit Losses (Topic 326): Measurement of Credit Losses on Financial Instruments, which changes the way entities recognize impairments of many financial assets by requiring immediate recognition of estimated credit losses expected to occur over the remaining lives of the assets. The majority of the amendments made by the new standard are required to be applied using a modified retrospective approach. The amendments in ASU 2016-13 also require entities to separately measure and realize an impairment for credit losses on available-for-sale debt securities for which carrying value exceeds fair value, unless such securities have been determined to be other than temporarily impaired and the entire decrease in value has been realized as an impairment. The amendments relating to available-for-sale debt securities are required to be applied prospectively on the date of adoption. PNM records a realized loss as an impairment for any available-for-sale debt security that has a fair value that is less than its carrying value. As a result, the Company has 0 available-for-sale debt securities for which carrying value exceeds fair value and there are 0 impairments considered to be “other than temporary” that are included in AOCI and not recognized in earnings. The Company adopted ASU 2016-13 on January 1, 2020, its required effective date. Adoption of the standard did not result in the Company recording a cumulative effect adjustment or impact the Company's accounting for its available-for-sale debt securities. All gains and losses resulting from sales and changes in the fair value of equity securities are recognized immediately in earnings.

Gains and losses recognized on the Condensed Consolidated Statements of Earnings related to investment securities in the NDT and reclamation trusts are presented in the following table.table:
Three Months Ended
March 31,
20202019
(In thousands)
Equity securities:
Net gains (losses) from equity securities sold$(1,315) $1,387  
Net gains (losses) from equity securities still held(18,931) 9,602  
Total net gains (losses) on equity securities(20,246) 10,989  
Available-for-sale debt securities:
Net gains (losses) on debt securities(12,603) 3,025  
Net gains (losses) on investment securities$(32,849) $14,014  
 Three Months Ended Six Months Ended
 June 30, June 30,
 2019 2018 2019 2018
 (In thousands)
Equity securities:       
Net gains from equity securities sold$2,774
 $2,502
 $4,161
 $5,330
Net gains (losses) from equity securities still held303
 (443) 9,905
 (307)
Total net gains on equity securities3,077
 2,059
 14,066
 5,023
Available-for-sale debt securities:       
Net gains (losses) on debt securities1,522
 (3,729) 4,547
 (6,405)
Net gains (losses) on investment securities$4,599
 $(1,670) $18,613
 $(1,382)


The proceeds and gross realized gains and losses on the disposition of securities held in the NDT and coal mine reclamation trusts are shown in the following table. Realized gains and losses are determined by specific identification of costs of securities sold. Gross realized losses shown below exclude the (increase)/decrease in realized impairment losses of $(0.8)$(12.7) million and $2.6 for the three and six months ended June 30, 2019 and $(2.6) million and $(3.8)$3.4 million for the three and six months ended June 30, 2018.March 31, 2020 and 2019.
 Three Months Ended Six Months Ended
 June 30, June 30,
 2019 2018 2019 2018
 (In thousands)
Proceeds from sales$159,551
 $167,359
 $234,011
 $794,088
Gross realized gains$10,906
 $7,549
 $15,095
 $13,570
Gross realized (losses)$(5,802) $(6,192) $(8,972) $(10,869)


Three Months Ended
March 31,
20202019
(In thousands)
Proceeds from sales$149,355  $74,460  
Gross realized gains$5,825  $4,189  
Gross realized (losses)$(7,035) $(3,170) 
The Company has no available-for-sale debt securities for which carrying value exceeds fair value. There are no impairments considered to be “other than temporary” that are included in AOCI and not recognized in earnings.

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PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)

At June 30, 2019,March 31, 2020, the available-for-sale debt securities held by PNM, had the following final maturities:
Fair Value
(In thousands)
Within 1 year$22,001 
After 1 year through 5 years71,816 
After 5 years through 10 years75,923 
After 10 years through 15 years12,345 
After 15 years through 20 years12,220 
After 20 years39,047 
$233,352 
 Fair Value
 (In thousands)
Within 1 year$20,868
After 1 year through 5 years75,642
After 5 years through 10 years67,572
After 10 years through 15 years12,886
After 15 years through 20 years11,747
After 20 years34,246
 $222,961


Fair Value Disclosures

The Company determines the fair values of its derivative and other financial instruments based on the hierarchy established in GAAP, which requires an entity to maximize the use of observable inputs and minimize the use of unobservable inputs when measuring fair value. GAAP describes three levels of inputs that may be used to measure fair value. Level 1 inputs are quoted prices (unadjusted) in active markets for identical assets or liabilities that the reporting entity has the ability to access at the

PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)


measurement date. Level 2 inputs are inputs other than quoted prices included within Level 1 that are observable for the asset or liability, either directly or indirectly. Level 3 inputs are unobservable inputs for the asset or liability. The Company records any transfers between fair value hierarchy levels as of the end of each calendar quarter. There were no transfers between levels during the six months ended June 30, 2019 or the year ended December 31, 2018.

For investment securities, Level 2 and Level 3 fair values are provided by fund managers utilizing a pricing service. For Level 2 fair values, the pricing provider predominantly uses the market approach using bid side market value based upon a hierarchy of information for specific securities or securities with similar characteristics. Fair values of Level 2 investments in mutual funds are equal to net asset value. Level 3 investments are comprised of corporate term loans. For commodity derivatives, Level 2 fair values are determined based on market observable inputs, which are validated using multiple broker quotes, including forward price, volatility, and interest rate curves to establish expectations of future prices. Credit valuation adjustments are made for estimated credit losses based on the overall exposure to each counterparty. For the Company’s long-term debt, Level 2 fair values are provided by an external pricing service. The pricing service primarily utilizes quoted prices for similar debt in active markets when determining fair value. The valuation of Level 3 investments, when applicable, requires significant judgment by the pricing provider due to the absence of quoted market values, changes in market conditions, and the long-term nature of the assets. The significant unobservable inputs include the trading multiplesCompany has no Level 3 investments as of public companies that are considered comparable to the company being valued, company specific issues, estimates of liquidation value, current operating performanceMarch 31, 2020 and future expectations of performance, changes in market outlook and the financing environment, capitalization rates, discount rates, and cash flows.December 31, 2019. Management of the Company independently verifies the information provided by pricing services.

In August 2018, the FASB issued Accounting Standards Update 2018-13 – Fair Value Measurements (Topic 820) Disclosure Framework: Changes to the Disclosure Requirements for Fair Value Measurements, to improve fair value disclosures. ASU 2018-13 eliminates certain disclosure requirements related to transfers between Levels 1 and 2 of the fair value hierarchy and the requirement to disclose the valuation process for Level 3 fair value measurements. ASU 2018-13 also amends certain disclosure requirements for investments measured at net asset value and requires new disclosures for Level 3 investments, including a new requirement to disclose changes in unrealized gains or losses recorded in OCI related to Level 3 fair value measurements. The Company adopted ASU 2018-13 on January 1, 2020, its required effective date. The Company applied the requirements of the new standard using retrospective application, except for the new disclosures related to Level 3 investments, which are to be applied prospectively. Adoption of the standard did not have a material impact on the Company's disclosures.


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PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)

Items recorded at fair value by PNM on the Condensed Consolidated Balance Sheets are presented below by level of the fair value hierarchy along with gross unrealized gains on investments in available-for-sale debt securities.securities:
GAAP Fair Value Hierarchy
  GAAP Fair Value Hierarchy  TotalQuoted Prices in Active Markets for Identical Assets (Level 1)Significant Other Observable Inputs (Level 2)Unrealized Gains
Total Quoted Prices in Active Markets for Identical Assets (Level 1) Significant Other Observable Inputs (Level 2) 
Significant Unobservable Inputs
(Level 3)
 Unrealized Gains(In thousands)
(In thousands)
June 30, 2019         
March 31, 2020March 31, 2020
Cash and cash equivalents$11,055
 $11,055
 $
 $
  Cash and cash equivalents$17,252  $17,252  $—  
Equity securities:         Equity securities:
Corporate stocks, common38,391
 38,391
 
 
  Corporate stocks, common49,838  49,838  —  
Corporate stocks, preferred8,788
 2,207
 6,581
 
  Corporate stocks, preferred7,974  2,365  5,609  
Mutual funds and other81,598
 81,558
 40
 
  Mutual funds and other44,852  44,852  —  
Available-for-sale debt securities:         Available-for-sale debt securities:
U.S. Government35,664
 21,971
 13,693
 
 $888
International Government13,582
 31
 13,551
 
 827
U.S. government U.S. government46,450  30,630  15,820  $2,636  
International government International government12,802  —  12,802  236  
Municipals46,633
 
 46,633
 
 1,886
Municipals45,115  —  45,115  1,518  
Corporate and other127,082
 1,304
 122,969
 2,809
 9,342
Corporate and other128,985  403  128,582  4,420  
$362,793
 $156,517
 $203,467
 $2,809
 $12,943
$353,268  $145,340  $207,928  $8,810  
         
Commodity derivative assets$3,192
 $
 $3,192
 $
  
Commodity derivative liabilities(3,170) 
 (3,170) 
  
Net$22
 $
 $22
 $
  
         
December 31, 2019December 31, 2019
Cash and cash equivalentsCash and cash equivalents$15,606  $15,606  $—  
Equity securities:Equity securities:
Corporate stocks, commonCorporate stocks, common64,527  64,527  —  
Corporate stocks, preferredCorporate stocks, preferred9,033  2,212  6,821  
Mutual funds and otherMutual funds and other49,848  49,786  62  
Available-for-sale debt securities:Available-for-sale debt securities:
U.S. government U.S. government48,439  31,389  17,050  $535  
International government International government15,292  —  15,292  1,193  
Municipals Municipals46,642  —  46,642  1,768  
Corporate and other Corporate and other139,445  187  139,258  10,801  
$388,832  $163,707  $225,125  $14,297  


The carrying amounts and fair values of long-term debt, all of which are considered Level 2 fair value measurements and are not recorded at fair value on the Condensed Consolidated Balance Sheets, are presented below:
Carrying AmountFair Value
March 31, 2020(In thousands)
PNMR$3,008,275  $3,060,098  
PNM$1,748,401  $1,763,727  
TNMP$670,626  $727,222  
December 31, 2019
PNMR$3,007,717  $3,142,704  
PNM$1,748,020  $1,795,149  
TNMP$670,691  $753,317  

The carrying amount and fair value of the Company’s other investments presented on the Condensed Consolidated Balance Sheets are not material and not shown in the above table.
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PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)


 Total Quoted Prices in Active Markets for Identical Assets (Level 1) Significant Other Observable Inputs (Level 2) 
Significant Unobservable Inputs
(Level 3)
 Unrealized Gains
 (In thousands)
December 31, 2018         
Cash and cash equivalents$11,472
 $11,472
 $
 $
  
Equity securities:
        
Corporate stocks, common32,997
 32,997
 
 
 

Corporate stocks, preferred7,258
 1,654
 5,604
 
 

Mutual funds and other70,777
 70,777
 
 
 

Available-for-sale debt securities:         
     U.S. Government29,503
 18,662
 10,841
 
 $1,098
     International Government8,435
 
 8,435
 
 90
     Municipals53,642
 
 53,642
 
 489
     Corporate and other114,158
 588
 111,414
 2,156
 923
          $328,242
 $136,150
 $189,936
 $2,156
 $2,600
Commodity derivative assets$3,594
 $
 $3,594
 $
  
Commodity derivative liabilities(3,688) 
 (3,688) 
  
          Net$(94) $
 $(94) $
  


A reconciliation of the changes in Level 3 fair value measurements is as follows:(8)    Stock-Based Compensation
 Corporate Debt
 (In thousands)
Balance at December 31, 2018$2,156
Actual return on assets sold during the period(48)
Actual return on assets still held at period end63
Purchases1,422
Sales(784)
Balance at June 30, 2019$2,809
  
Balance at December 31, 2017$
Actual return on assets sold during the period(4)
Actual return on assets still held at period end(5)
Purchases4,011
Sales(1,011)
Balance at June 30, 2018$2,991



PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)


The carrying amounts and fair values of long-term debt, which is not recorded at fair value on the Condensed Consolidated Balance Sheets, are presented below:
     GAAP Fair Value Hierarchy
 Carrying Amount Fair Value Level 1 Level 2 Level 3
June 30, 2019(In thousands)
PNMR$2,772,342
 $2,903,711
 $
 $2,903,711
 $
PNM$1,707,256
 $1,768,943
 $
 $1,768,943
 $
TNMP$626,456
 $692,728
 $
 $692,728
 $
          
December 31, 2018         
PNMR$2,670,111
 $2,703,810
 $
 $2,703,810
 $
PNM$1,656,490
 $1,668,736
 $
 $1,668,736
 $
TNMP$575,398
 $597,236
 $
 $597,236
 $


The carrying amount and fair value of the Company’s other investments presented on the Condensed Consolidated Balance Sheets are not material and not shown in the above table.

(8)Stock-Based Compensation

PNMR has various stock-based compensation programs, including stock options, restricted stock, and performance shares granted under the Performance Equity Plan (“PEP”). Although certain PNM and TNMP employees participate in the PNMR plans, PNM and TNMP do not have separate employee stock-based compensation plans. The Company has not0t awarded stock options since 2010.2010 and all employee stock options expired or were exercised in February 2020. Certain restricted stock awards are subject to achieving performance or market targets. Other awards of restricted stock are only subject to time vesting requirements. Additional information concerning stock-based compensation under the PEP is contained in Note 12 of the Notes to Consolidated Financial Statements in the 20182019 Annual Reports on Form 10-K.

Restricted stock under the PEP refers to awards of stock subject to vesting, performance, or market conditions rather than to shares with contractual post-vesting restrictions. Generally, the awards to employees vest ratably over three years from the grant date of the award. However, awards with performance or market conditions vest upon satisfaction of those conditions. In addition, plan provisions provide that upon retirement, participants become 100% vested in certain stock awards. AwardsThe vesting period for awards of restricted stock to non-employee members of the Board are expensed over a one-year vesting period.is one-year.

The stock-based compensation expense related to restricted stock awards without performance or market conditions to participants that are retirement eligible on the grant date is recognized immediately at the grant date and is not amortized. Compensation expense for other such awards is amortized to compensation expense over the shorter of the requisite vesting period or the period until the participant becomes retirement eligible. Compensation expense for performance-based shares is recognized ratably over the performance period as required service is provided and is adjusted periodically to reflect the level of achievement expected to be attained. Compensation expense related to market-based shares is recognized ratably over the measurement period, regardless of the actual level of achievement, provided the employees meet their service requirements. At June 30, 2019,March 31, 2020, PNMR had unrecognized expense related to stock awards of $6.0$6.5 million, which is expected to be recognized over an average of 1.732.1 years.

PNMR receives a tax deduction for certain stock option exercises during the period the options are exercised, generally for the excess of the price at which the options are sold over the exercise prices of the options, and a tax deduction for the value of restricted stock at the vesting date. GAAP requires that all excess tax benefits and deficiencies be recorded to tax expense and classified as operating cash flows when used to reduce income taxes payable. See Note 14.

The grant date fair value for restricted stock and stock awards with Company internal performance targets is determined based on the market price of PNMR common stock on the date of the agreements reduced by the present value of future dividends whichthat will not be received prior to vesting,vesting. The grant date fair value is applied to the total number of shares that are anticipated to vest. Thevest, although the number of performance shares that ultimately vest cannot be determined until after the performance period ends.periods end. The grant date fair value

PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)


of stock awards with market targets is determined using Monte Carlo simulation models, which provide grant date fair values that include an expectation of the number of shares to vest at the end of the measurement period.

The following table summarizes the weighted-average assumptions used to determine the awards grant date fair value:

Three Months Ended March 31,
Restricted Shares and Performance Based Shares20202019
Expected quarterly dividends per share$0.3075  $0.2900  
Risk-free interest rate0.72 %2.50 %
Market-Based Shares
Dividend yield2.51 %2.59 %
Expected volatility19.41 %19.55 %
Risk-free interest rate0.72 %2.51 %
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PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)

  Six Months Ended June 30,
Restricted Shares and Performance Based Shares 2019 2018
Expected quarterly dividends per share $0.290
 $0.265
Risk-free interest rate 2.47% 2.38%
     
Market-Based Shares    
Dividend yield 2.59% 2.96%
Expected volatility 19.55% 19.12%
Risk-free interest rate 2.51% 2.36%


The following table summarizes activity in restricted stock awards, including performance-based and market-based shares, and stock options, for the sixthree months endedJune 30, 2019: March 31, 2020:
 Restricted Stock Stock Options
 Shares 
Weighted-
Average
Grant Date Fair Value
 Shares 
Weighted-
Average
Exercise Price
Outstanding at December 31, 2018166,651
 $32.93
 81,000
 $11.94
Granted134,573
 37.92
 
 
Exercised(137,601) 31.44
 (79,000) 11.93
Forfeited
 
 
 
Expired
 
 
 
Outstanding at June 30, 2019163,623
 $38.19
 2,000
 $12.22


Restricted StockStock Options
SharesWeighted-
Average
Grant Date Fair Value
SharesWeighted-
Average
Exercise Price
Outstanding at December 31, 2019161,542  $38.21  2,000  $12.22  
Granted217,913  36.88  —  —  
Exercised(225,925) 34.28  (2,000) 12.22  
Outstanding at March 31, 2020153,530  $42.10  —  $—  

PNMR’s current stock-based compensation program provides for performance and market targets through 2021. In February 2019, the Board approved amendments to exclude certain impacts of the Tax Act on performance metrics for the performance periods ending in 2018 and 2019. These amendments did not impact the Company’s calculation of grant date fair values under the plans, but did increase actual achievement levels for the performance period ending in 2018 from below “threshold” levels to below “target” levels and anticipated achievement levels for the performance period ending in 2019 from below “target” levels to the “maximum” level.2022. Included as granted and exercised in the above table above are 47,279122,277 previously awarded shares that were earned for the 2016 through 20182017-2019 performance measurement period and ratified by the Board in February 20192020 (based upon achieving market targets at below “threshold” levels, weighted at 40%, and performance targets at above “target” levels, together weighted at 60%)near "maximum" levels). Excluded from the table above are maximums of 130,302, 146,941,150,543, 142,080 and 135,678142,047 shares for the three-yearthree-year performance periods ending in 2019, 2020, 2021 and 20212022 that wouldwill be awarded if all performance and market criteria are achieved at maximum levels and all executives remain eligible.


In March 2015, the Company entered into a retention award agreement with its Chairman, President, and Chief Executive Officer under which she would receive a total of 53,859 shares of PNMR’s common stock if PNMR meets certain performance targets at the end of 2017 and 2019 and she remainsremained an employee of the Company. The retention award was made under the PEP and was approved by the Board on February 26, 2015. Under the agreement, she was to receive 17,953 of the total shares if PNMR achieved specific performance targets at the end of 2017. The specified performance target was achieved at the end of 2017 and the Board ratified her receiving 17,953 shares in February 2018. The retention awardsecond portion of the agreement of 35,906 shares was made underachieved at the PEPend of 2019 and was approved by the Board onratified her receiving the shares in February 26, 2015. The2020 and such shares are included in the above table does not include the restricted stock shares that remain unvested under this retention award agreement.

PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)


At June 30, 2019, the aggregate intrinsic value of stock options outstanding, all of which are exercisable, was $0.1 million with a weighted-average remaining contract life of 0.7 years. At June 30, 2019, no outstanding stock options had an exercise price greater than the closing price of PNMR common stock on that date.

table.
The following table provides additional information concerning restricted stock activity, including performance-based and market-based shares, and stock options:
Three Months Ended March 31,
Restricted Stock20202019
Weighted-average grant date fair value$36.88  $36.48  
Total fair value of restricted shares that vested (in thousands)$11,269  $5,314  
Stock Options
Total intrinsic value of options exercised (in thousands)$84  $2,582  
  Six Months Ended June 30,
Restricted Stock 2019 2018
Weighted-average grant date fair value $37.92
 $29.65
Total fair value of restricted shares that vested (in thousands) $6,227
 $8,328
     
Stock Options    
Weighted-average grant date fair value of options granted $
 $
Total fair value of options that vested (in thousands) $
 $
Total intrinsic value of options exercised (in thousands) $2,617
 $2,968

(9)
(9)   Financing


The Company’s financing strategy includes both short-term and long-term borrowings. The Company utilizes short-term revolving credit facilities, as well as cash flows from operations, to provide funds for both construction and operating expenditures. Depending on market and other conditions, the Company will periodically sell long-term debt or enter into term loan arrangements and use the proceeds to reduce borrowings under the revolving credit facilities or refinance other debt. Each of the Company’s revolving credit facilities and term loans contain a single financial covenant that requires the maintenance of a debt-to-capitalization ratio. For the PNMR and PNMR Development agreements this ratio must be maintained at less than or equal to 70%, and for the PNM and TNMP agreements this ratio must be maintained at less than or equal to 65%. The Company’s revolving credit facilities and term loans generally also contain customary covenants, events of default, cross-default provisions, and change-of-control provisions. PNM must obtain NMPRC approval for any financing transaction having
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PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)

a maturity of more than 18 months. In addition, PNM files its annual short-term financing plan with the NMPRC. Additional information concerning financing activities is contained in Note 7 of the Notes to Consolidated Financial Statements in the 20182019 Annual Reports on Form 10-K.

Financing Activities

OnIn October 21, 2016, PNMR entered into letter of credit arrangements with JPMorgan Chase Bank N.A. (the “JPM"JPM LOC Facility”Facility") under which letters of credit aggregating $30.3 million were issued to facilitate the posting of reclamation bonds, which SJCC was required to post in connection with permits relating to the operation of the San Juan mine. On March 15, 2019, WSJ LLC acquired the assets of SJCC following the bankruptcy of Westmoreland. WSJ LLC assumed theall obligations to PNMRof SJCC, including under the lettersletter of credit support (Note 11).arrangements. See Note 10.

On January 7, 2020, PNMR entered into forward sale agreements with each of Citibank N.A., and Bank of America N.A., as forward purchasers and an underwriting agreement with Citigroup Global Markets Inc., and BofA Securities, Inc. as representatives of the underwriters named therein, relating to an aggregate of approximately 6.2 million shares of PNMR common stock (including 0.8 million shares of PNMR common stock pursuant to the underwriters’ option to purchase additional shares) with each of Citibank N.A., and Bank of America N.A., as forward purchasers (the “PNMR 2020 Forward Equity Sale Agreements”). On January 8, 2020, the underwriters exercised in full their option to purchase the additional 0.8 million shares of PNMR common stock and PNMR entered into separate forward sales agreements with respect to the additional shares. The initial forward sale price of $47.21 per share is subject to adjustments based on a net interest rate factor and by expected future dividends paid on PNMR common stock as specified in the forward sale agreements. PNMR did not initially receive any proceeds upon the execution of these agreements and, except in certain specified circumstances, has the option to elect physical, cash, or net share settlement on or before the date that is 12 months from their effective dates.

PNMR expects to physically settle all shares under the PNMR 2020 Forward Equity Sale Agreements by delivering newly issued shares to the forward purchasers on or before January 7, 2021 in exchange for cash at the then applicable forward sales price. PNMR also has the option to net settle the agreement in cash or shares of PNMR common stock. Under a net cash settlement, under which no PNMR common stock would be issued, PNMR would receive net proceeds for a decrease in the market value of PNMR's common stock relative to the then applicable forward sales price per share, or would owe cash in the event of an increase in the market value of PNMR common stock. Under a net share settlement, PNMR would not receive any cash proceeds and may be required to deliver a sufficient number of shares of PNMR common stock to satisfy its obligation to the forward purchasers. The number of shares to be delivered to the forward purchasers would be based on the increase in the PNMR's common stock price relative to the then applicable forward sales price per share. The forward sale agreements meet the derivative scope exception requirements for contracts involving an entity’s own equity. Until settlement of the forward sale agreements, PNMR’s EPS dilution resulting from the agreements, if any, will be determined using the treasury stock method, which will result in dilution during periods when the average market price of PNMR stock during the reporting period is higher than the applicable forward sales price as of the end of that period. See Note 4.

On April 9, 2018, PNMR Development deposited $68.2 million with PNM related to potential transmission network interconnections, which was classified as a cash inflow from financing activities on PNM’s Condensed Consolidated Statements of Cash Flows in the six months ended June 30, 2018. PNM used the deposit to repay intercompany borrowings. PNM is required to pay interest to PNMR Development to the extent work under the interconnections has not been performed. During the three and six months ended June 30, 2019 PNM recognized $1.0 million and $1.9 million of interest expense under the agreement. During the three and six months ended June 30, 2018, PNM recognized $0.7 million of interest expense under the agreement. At June 30, 2019, PNM’s remaining obligation under the interconnection agreement with PNMR Development of $68.2 million, excluding unpaid interest, is reflected in other deferred credits on PNM’s Condensed Consolidated Balance Sheets. As required by GAAP, all intercompany transactions related to this deposit have been eliminated on PNMR’s Condensed Consolidated Financial Statements.

On January 18, 2019, PNM entered into a $250.0 million term loan agreement (the “PNM 2019 Term Loan”) among PNM, the lenders identified therein, and U.S. Bank N.A., as administrative agent. PNM used the proceeds of the PNM 2019 Term Loan

PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)


to repay the PNM 2017 Term Loan, to reduce short-term borrowings under the PNM Revolving Credit Facility, and for general corporate purposes. The PNM 2019 Term Loan bears interest at a variable rate and must be repaid on or before July 17, 2020.

On February 26, 2019,24, 2020, TNMP entered into the TNMP 20192020 Bond Purchase Agreement with institutional investors for the sale of $305.0$185.0 million aggregate principal amount of four4 series of TNMP first mortgage bonds (the “TNMP 2019 Bonds”"TNMP 2020 Bonds") offered in private placement transactions. TNMP issued $225.0$110.0 million of TNMP 20192020 Bonds on March 29, 2019 and used the proceeds to repay TNMP’s $172.3 million 9.50% first mortgage bonds at their maturity on April 1, 2019, as well as to repay borrowings under the TNMP Revolving Credit Facility and for general corporate purposes. TNMP issued the remaining $80.0 million of TNMP 2019 Bonds on July 1, 201924, 2020 and used the proceeds to repay borrowings under the TNMP Revolving Credit Facility and for generalother corporate purposes. TNMP will issue the remaining $75.0 million of TNMP 2020 Bonds on or before July 15, 2020 and will use the proceeds from that issuance to repay borrowings under the TNMP Revolving Credit facility and for other corporate purposes. The issuance of the remaining TNMP 20192020 Bonds is subject to the satisfaction of customary conditions, and the TNMP 2020 Bonds are subject to continuing compliance with the representations, warranties and covenants of the TNMP 20192020 Bond Purchase Agreement. The terms of the TNMP 20192020 Bond Purchase Agreement include customary covenants, including a covenant that requires TNMP to maintain a debt-to-capitalization ratio of less than or equal to 65%, customary events of default, a cross-default provision, and a change-of-control provision. TNMP will have the right to redeem any or all of the TNMP 20192020 Bonds prior to their respective maturities, subject to payment of a customary make-whole premium. In accordance with GAAP, borrowings under the $172.3 million 9.50% TNMP first mortgage bonds are reflected as being long-term in the Condensed Consolidated Balance Sheets at December 31, 2018 since TNMP demonstrated its intent and ability to re-finance the agreement on a long-term basis.


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PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)

Information concerning the funding dates, maturities and interest rates on the TNMP 20192020 Bonds issued in April 2020 and to be issued on or before July 15, 2020 is as follows:
Funding Date Maturity Date Principal Amount Interest Rate
    (In millions)  
March 29, 2019 March 29, 2034 $75.0
 3.79%
March 29, 2019 March 29, 2039 75.0 3.92%
March 29, 2019 March 29, 2044 75.0 4.06%
    225.0
  
July 1, 2019 July 1, 2029 80.0
 3.60%
    $305.0
  


Funding DateMaturity DatePrincipal AmountInterest Rate
(In millions)
April 24, 2020April 24, 2030$85.0  2.73 %
April 24, 2020April 24, 205025.0  3.36 %
110.0  
July 15, 2020July 15, 203525.0  2.93 %
July 15, 2020July 15, 205050.0  3.36 %
$185.0  

On April 15, 2020, PNM entered into a $250.0 million term loan agreement (the "PNM 2020 Term Loan"), between PNM, the lenders party thereto, and U.S. Bank, as administrative agent. Proceeds from the PNM 2020 Term Loan were used to prepay the PNM 2019 $250.0 million Term Loan due July 2020, without penalty. The PNM 2020 Term Loan bears interest at a variable rate, which was 2.70% at May 1, 2020, and matures on June 15, 2021. In accordance with GAAP, borrowings under the PNM 2019 $250.0 million Term Loan are reflected as long-term in the Condensed Consolidated Balance Sheets at March 31, 2020 since PNM demonstrated its intent and ability to refinance this agreement on a long-term basis. As discussed below, on April 30, 2020, PNM used $100.0 million of proceeds from the PNM 2020 SUNs to prepay without penalty an equal amount of the PNM 2020 Term Loan.

On April 30, 2020, PNM entered into an agreement (the "PNM 2020 Note Purchase Agreement") with institutional investors for the sale of $200.0 million aggregate principal amount of senior unsecured notes offered in private placement transactions. Under the agreement, PNM issued $150.0 million aggregate principal amount of its 3.21% senior unsecured notes, Series A, due April 30, 2030, and $50.0 million of its aggregate principal amount of its 3.57% senior unsecured notes, Series B, due April 29, 2039 (the "PNM 2020 SUNs"). The PNM 2020 SUNs were issued on April 30, 2020. PNM used $100.0 million of proceeds from the PNM 2020 SUNs to repay an equal amount of the PNM 2020 Term Loan. The remaining $100.0 million of the PNM 2020 SUNs were used to repay borrowings on the PNM Revolving Credit Facility and for other corporate purposes. The PNM 2020 SUNs agreement includes customary covenants, including a covenant that requires PNM to maintain a debt-to-capitalization ratio of less than or equal to 65%, customary events of default, including a cross-default provision, and covenants regarding parity of financial covenants, liens and guarantees with respect to PNM’s material credit facilities. In the event of a change of control, PNM will be required to offer to prepay the PNM 2020 SUNs at par. PNM has the right to redeem any or all of the PNM 2020 SUNs prior to their maturities, subject to payment of a customary make-whole premium.

At June 30, 2019,March 31, 2020, variable interest rates were 3.20%1.79% on the $50.0 million PNMR 2018 Two-YearTwo-Year Term Loan whichthat matures in December 2020, 3.05%1.75% on the $250.0 million PNMPNMR 2019 Term Loan whichthat matures in July 2020, 3.10%June 2021, 1.59% on the $35.0PNM 2019 $250.0 million TNMP 2018 Term Loan, which was repaid on April 15, 2020, 1.26% on the PNM 2019 $40.0 million Term Loan that matures in JulyJune 2020, and 3.20%1.79% on the $90.0 million PNMR Development Term Loan whichthat matures in November 2020.

See discussion ofOn April 1, 2020, the NMPRC approved PNM’s SJGS Abandonment Application in Note 12, which includes a request to issue approximately $361 million of energy transition bonds, as provided by the ETA,Securitized Bonds upon the proposed retirement of SJGS in 2022. The NMPRC's approval of the issuance of these Securitized Bonds is currently being appealed to the NM Supreme Court. See SJGS Abandonment Application in Note 12.

Short-term Debt and Liquidity

TheCurrently, the PNMR Revolving Credit Facility has a financing capacity of $300.0 million and the PNM Revolving Credit Facility has a financing capacity of $400.0 million. Both facilities currently expire on October 22,31, 2023 butand contain options to be extended through October 2024, subject to approval by a majority of the lenders. PNM also has the $40.0 million PNM 2017 New Mexico Credit Facility that expires on December 12, 2022. The TNMP Revolving Credit Facility is a $75.0 million revolving credit facility secured by $75.0 million aggregate principal amount of TNMP first mortgage bonds and matures on September 23, 2022.

On February 22, 2019, PNMR Development amended its $24.5has a $40.0 million revolving credit facility to increase the capacity to $25.0 million and to extend the term untilthat expires on February 24, 2020. On July 22, 2019, the23,
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PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)

2021. PNMR Development Revolving Credit Facility was amended to increase the capacity to $40.0 million withhas the option to further increase the capacity of this facility to $50.0 million upon 15-days advance notice. The facility will continue to have the expiration date of February 24, 2020. The PNMR Development Revolving Credit Facility bears interest at a variable rate and contains terms similar to the PNMR Revolving Credit Facility. PNMR has guaranteed the obligations of PNMR Development under the facility. PNMR Development uses the facility to finance its participation in NMRD and for other activities. Variable interest rates under these facilities are based on LIBOR but contain provisions which allow for the replacement of LIBOR with other widely accepted interest rates.


PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)


Short-term debt outstanding consistedconsists of:
March 31,December 31,
Short-term Debt20202019
(In thousands)
PNM:
PNM Revolving Credit Facility$30,000  $48,000  
PNM 2017 New Mexico Credit Facility30,000  10,000  
60,000  58,000  
TNMP Revolving Credit Facility70,000  15,000  
PNMR Revolving Credit Facility170,600  112,100  
$300,600  $185,100  
  June 30, December 31,
Short-term Debt 2019 2018
  (In thousands)
PNM:    
PNM Revolving Credit Facility $27,200
 $32,400
PNM 2017 New Mexico Credit Facility 15,000
 10,000
  42,200
 42,400
TNMP Revolving Credit Facility 55,000
 17,500
PNMR:    
PNMR Revolving Credit Facility 73,300
 20,000
PNMR 2018 One-Year Term Loan 150,000
 150,000
     PNMR Development Revolving Credit Facility 21,900
 6,000
  $342,400
 $235,900


At June 30, 2019,March 31, 2020, the weighted average interest rate was 3.67%2.15% for the PNMR Revolving Credit Facility, 3.15% for the PNMR 2018 One-Year Term Loan, 3.53%2.35% for the PNM Revolving Credit Facility, 3.52%2.12% for the PNM 2017 New Mexico Credit Facility, 3.16%and 1.74% for the TNMP Revolving Credit Facility, and 3.41% forFacility. There were 0 borrowings outstanding under the PNMR Development Revolving Credit Facility.Facility at March 31, 2020.

In addition to the above borrowings, PNMR, PNM, and TNMP had letters of credit outstanding of $4.7 million, $2.5 million, and $0.7$0.1 million at June 30, 2019March 31, 2020 that reduce the available capacity under their respective revolving credit facilities. The above table excludes intercompany debt. As of June 30, 2019March 31, 2020, and December 31, 2018,2019, each of PNM, TNMP, had $1.6 million and $0.1 million of intercompany borrowings from PNMR, PNM had zero and $19.8 million of intercompany borrowings from PNMR, and PNMR Development had $0.2 million and $0.5 million ofzero intercompany borrowings from PNMR.

In 2017, PNMR entered into three3 separate four-yearfour-year hedging agreements whereby it effectively established fixed interest rates of 1.926%, 1.823%, and 1.629%, plus customary spreads over LIBOR for three3 separate tranches, each of $50.0 million, of its variable rate debt. These hedge agreements are accounted for as cash flow hedges and had fair values of $(0.4)$2.5 million and less than $0.1$0.4 million at June 30,March 31, 2020 and December 31, 2019 that are included in other current liabilities and other deferred charges on the Condensed Consolidated Balance Sheets. At December 31, 2018, the hedge agreements had fair values aggregating $1.0 million that are included in other current assets on the Condensed Consolidated Balance Sheets. As discussed in Note 3, changes in the fair value of the cash flow hedgehedges are deferred in AOCI and amounts reclassified to the Condensed Consolidated Statement of Earnings are recorded in interest charges. The fair values were determined using Level 2 inputs under GAAP, including using forward LIBOR curves under the mid-market convention to discount cash flows over the remaining term of the agreement. On January

At May 1, 2019, the Company adopted Accounting Standards Update 2017-12 Derivatives and Hedging (Topic 815): Targeted Improvements to Accounting for Hedging Activities. Adoption of the updated standard did not have a significant impact on these cash flow hedges.

At July 26, 2019,2020, PNMR, PNM, TNMP, and PNMR Development had availability of $227.6$162.6 million,, $368.1 $382.5 million,, $74.9 $74.9 million,, and $7.1$40.0 million under their respective revolving credit facilities, including reductions of availability due to outstanding letters of credit, and PNM also had $15.0$10.0 million of availability under the PNM 2017 New Mexico Credit Facility. Total availability at July 26, 2019,May 1, 2020, on a consolidated basis, was $692.7$670.0 million for PNMR. As of July 26, 2019,May 1, 2020, PNM, TNMP, and TNMPPNMR Development had no borrowings from PNMR under their intercompany loan agreements. As of July 26, 2019, PNMR Development had $0.2 million of intercompany borrowings from PNMR. At July 26, 2019,May 1, 2020, PNMR, PNM, and TNMP had invested cash of $0.9$0.9 million,, zero, $1.9 million, and $13.8$21.9 million.


The Company’s debt arrangements have various maturities and expiration dates. The $150.0 million PNMR 2018 One-Year Term Loan will mature in December 2019. PNM has $100.3 million of long-term debt that must be repriced by June 2020 and2020. In addition, the $250.0$90.0 million PNM 2019PNMR Development Term Loan matures in July 2020. In addition,November 2020, the $35.0$50.0 million TNMPPNMR 2018Two-Year Term Loan matures in July 2020. The Company has no other long-term debt due through August 31, 2020.December 2020, and the $300.0 million PNMR 2018 SUNs mature on March 9, 2021. Additional information on debt maturities is contained in Note 7 of the Notes to Consolidated Financial Statements in the 20182019 Annual Reports on Form 10-K.



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PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)

(10)   Pension and Other Postretirement Benefit Plans

(10)Pension and Other Postretirement Benefit Plans

PNMR and its subsidiaries maintain qualified defined benefit pension plans, postretirement benefit plans providing medical and dental benefits, and executive retirement programs (collectively, the “PNM Plans” and “TNMP Plans”). PNMR maintains the legal obligation for the benefits owed to participants under these plans. The periodic costs or income of the PNM Plans and TNMP Plans are included in regulated rates to the extent attributable to regulated operations. In accordance with GAAP, the Company presents the service cost component of its net periodic benefit costs in administrative and general expenses and the non-service costs components in other income (deductions), net of amounts capitalized or deferred to regulatory assets and liabilities, on the Condensed Consolidated Statements of Earnings. PNM and TNMP receive a regulated return on the amounts funded for pension and OPEB plans in excess of accumulated periodic cost or income to the extent included in retail rates (a “prepaid pension asset”).

Additional information concerning pension and OPEB plans is contained in Note 11 of the Notes to Consolidated Financial Statements in the 20182019 Annual Reports on Form 10-K. Annual net periodic benefit cost for the plans is actuarially determined using the methods and assumptions set forth in that note and is recognized ratably throughout the year.


PNM Plans

The following table presents the components of the PNM Plans’ net periodic benefit cost:
 Three Months Ended June 30,
 Pension Plan OPEB Plan Executive Retirement Program
 2019 2018 2019 2018 2019 2018
 (In thousands)
Components of Net Periodic Benefit Cost           
Service cost$
 $
 $13
 $21
 $
 $
Interest cost6,294
 6,068
 829
 860
 162
 155
Expected return on plan assets(8,527) (8,672) (1,318) (1,353) 
 
Amortization of net (gain) loss3,880
 4,087
 169
 588
 79
 90
Amortization of prior service cost(241) (241) (99) (416) 
 
Net Periodic Benefit Cost$1,406
 $1,242
 $(406) $(300) $241
 $245
            
            
 Six Months Ended June 30,
 Pension Plan OPEB Plan Executive Retirement Program
 2019 2018 2019 2018 2019 2018
 (In thousands)
Components of Net Periodic Benefit Cost           
Service cost$
 $
 $26
 $41
 $
 $
Interest cost12,587
 12,135
 1,658
 1,720
 324
 311
Expected return on plan assets(17,051) (17,343) (2,636) (2,707) 
 
Amortization of net (gain) loss7,759
 8,174
 338
 1,177
 158
 179
Amortization of prior service cost(483) (483) (198) (832) 
 
Net Periodic Benefit Cost$2,812
 $2,483
 $(812) $(601) $482
 $490

Three Months Ended March 31,
Pension PlanOPEB PlanExecutive Retirement Program
202020192020201920202019
(In thousands)
Components of Net Periodic Benefit Cost
Service cost$—  $—  $10  $13  $—  $—  
Interest cost4,985  6,294  613  829  122  162  
Expected return on plan assets(7,363) (8,527) (1,387) (1,318) —  —  
Amortization of net (gain) loss4,465  3,880  87  169  101  79  
Amortization of prior service cost(138) (241) —  (99) —  —  
Net Periodic Benefit Cost (Income)$1,949  $1,406  $(677) $(406) $223  $241  

PNM did not0t make any contributions to its pension plan trust in the sixthree months ended June 30,March 31, 2020 and 2019 and 2018 and does not0t anticipate making any contributions to the pension plan in 2019-2021,2020 or 2021, but expects to contribute $1.3$4.6 million in 2022 and $22.9$19.1 million in 2023, and $19.0 million in 2024 based on current law, funding requirements, and estimates of portfolio performance. The fundingFunding assumptions were developed using discount rates of 4.2%3.4% to 4.6%3.5%. Actual amounts to be funded in the future will be dependent on the actuarial assumptions at that time, including the appropriate discount rate. PNM may make additional contributions at its discretion. Disbursements allocatedPNM made 0 cash contributions to the OPEB trust in the three months ended March 31, 2020 and 2019, however, a portion of the disbursements attributable to the OPEB trust are paid by PNM and are therefore considered to be contributions to the OPEB plan. Payments by PNM on behalf of the PNM OPEB plan were $1.1 million and $0.8 million in the three months ended March 31, 2020 and 2019 and are expected to total $3.7 million in 2020 and $13.5 million for 2021-2024. Disbursements under the executive retirement program, which are funded by PNM and considered to be contributions to the OPEBplan, were $0.3 million and $0.4 million in the three months ended March 31, 2020 and 2019 and are expected to total $1.5 million during 2020 and $5.4 million for 2021-2024.



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PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)


plan, were $0.7 million and $1.5 million in the three and six months ended June 30, 2019. However, PNM made no contributions to the OPEB trust in the three and six months ended June 30, 2018. Although PNM does not expect to make any contributions to the OPEB trust in 2019-2023, disbursements attributable to the OPEB plan that are expected to be funded by PNM are estimated to be $3.7 million in 2019 and $13.7 million for 2020-2023. Disbursements under the executive retirement program, which are funded by PNM and considered to be contributions to the plan, were $0.4 million and $0.7 million in the three and six months ended June 30, 2019 and $0.4 million and $0.9 million in the three and six months ended June 30, 2018 and are expected to total $1.5 million during 2019 and $5.6 million for 2020-2023.

TNMP Plans

The following table presents the components of the TNMP Plans’ net periodic benefit cost:
Three Months Ended March 31,
Pension PlanOPEB PlanExecutive Retirement Program
202020192020201920202019
(In thousands)
Components of Net Periodic Benefit Cost
Service cost$—  $—  $12  $13  $—  $—  
Interest cost544  672  93  113    
Expected return on plan assets(821) (967) (134) (129) —  —  
Amortization of net (gain) loss315  235  (81) (110)   
Net Periodic Benefit Cost (Income)$38  $(60) $(110) $(113) $12  $12  
 Three Months Ended June 30,
 Pension Plan OPEB Plan Executive Retirement Program
 2019 2018 2019 2018 2019 2018
 (In thousands)
Components of Net Periodic Benefit Cost           
Service cost$
 $
 $13
 $33
 $
 $
Interest cost672
 656
 113
 119
 8
 7
Expected return on plan assets(967) (991) (129) (135) 
 
Amortization of net (gain) loss235
 272
 (110) (56) 4
 4
Amortization of prior service cost
 
 
 
 
 
Net Periodic Benefit Cost (Income)$(60) $(63) $(113) $(39) $12
 $11
            
 Six Months Ended June 30,
 Pension Plan OPEB Plan Executive Retirement Program
 2019 2018 2019 2018 2019 2018
 (In thousands)
Components of Net Periodic Benefit Cost           
Service cost$
 $
 $26
 $67
 $
 $
Interest cost1,344
 1,312
 226
 238
 16
 15
Expected return on plan assets(1,934) (1,981) (258) (271) 
 
Amortization of net (gain) loss470
 544
 (220) (113) 8
 8
Amortization of prior service cost
 
 
 
 
 
Net Periodic Benefit Cost (Income)$(120) $(125) $(226) $(79) $24
 $23


TNMP did not0t make any contributions to its pension plan trust in the sixthree months ended June 30,March 31, 2020 and 2019 and 2018 and does not0t anticipate making any contributions to the pension plan in 2019-2023,2020 - 2022, but expects to contribute $1.1 million in 2023 and $2.8 million in 2024, based on current law, funding requirements, and estimates of portfolio performance. The fundingFunding assumptions were developed using discount rates of 4.2%3.4% to 4.6%3.5%. Actual amounts to be funded in the future will depend on the actuarial assumptions at that time, including the appropriate discount rate. TNMP may make additional contributions at its discretion. TNMP made no0 contributions to the OPEB trust in the three and six months ended June 30,March 31, 2020 and 2019 and zero and $0.3 million in the three and six months ended June 30, 2018. TNMP does not0t expect to make contributions to the OPEB trust during the period 2019-2023.2020-2024. Disbursements under the executive retirement program, which are funded by TNMP and considered to be contributions to the plan, were 0 and less than $0.1$0.1 million in the three and six months ended June 30,March 31, 2020 and 2019 and 2018 and are expected to total $0.1$0.1 million during 20192020 and $0.3 million in 2020-2023.2021-2024.



(11)   Commitments and Contingencies
PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)


(11)Commitments and Contingencies

Overview
There are various claims and lawsuits pending against the Company. In addition, the Company is subject to federal, state, and local environmental laws and regulations and periodically participates in the investigation and remediation of various sites. In addition, the Company periodically enters into financial commitments in connection with its business operations. Also, the Company is involved in various legal and regulatory proceedings in the normal course of its business (Note 12).business. See Note 12. It is not possible at this time for the Company to determine fully the effect of all litigation and other legal and regulatory proceedings on its financial position, results of operations, or cash flows.
With respect to some of the items listed below, the Company has determined that a loss is not probable or that, to the extent probable, cannot be reasonably estimated. In some cases, the Company is not able to predict with any degree of certainty the range of possible loss that could be incurred. The Company assesses legal and regulatory matters based on current information and makes judgments concerning their potential outcome, giving due consideration to the nature of the claim, the amount and nature of any damages sought, and the probability of success. Such judgments are made with the understanding that the outcome of any litigation, investigation, or other legal proceeding is inherently uncertain. In accordance with GAAP, the Company records liabilities for matters where it is probable a loss has been incurred and the amount of loss is reasonably estimable. The actual outcomes of the items listed below could ultimately differ from the judgments made and the differences could be material. The Company cannot make any assurances that the amount of reserves or potential insurance coverage will be sufficient to cover the cash obligations that might be incurred as a result of litigation or regulatory proceedings. Except as otherwise disclosed, the Company does not expect that any known lawsuits, environmental costs, and commitments will have a material effect on its financial condition, results of operations, or cash flows.
Additional information concerning commitments and contingencies is contained in Note 16 of the Notes to Consolidated Financial Statements in the 20182019 Annual Reports on Form 10-K.

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(Unaudited)

Commitments and Contingencies Related to the Environment

Nuclear Spent Fuel and Waste Disposal

Nuclear power plant operators are required to enter into spent fuel disposal contracts with the DOE that require the DOE to accept and dispose of all spent nuclear fuel and other high-level radioactive wastes generated by domestic power reactors. Although the Nuclear Waste Policy Act required the DOE to develop a permanent repository for the storage and disposal of spent nuclear fuel by 1998, the DOE announced that it would not be able to open the repository by 1998 and sought to excuse its performance of these requirements. In November 1997, the DC Circuit issued a decision preventing the DOE from excusing its own delay but refused to order the DOE to begin accepting spent nuclear fuel. Based on this decision and the DOE’s delay, a number of utilities, including APS (on behalf of itself and the other PVNGS owners, including PNM), filed damages actions against the DOE in the Court of Federal Claims. The lawsuits filed by APS alleged that damages were incurred due to DOE’s continuing failure to remove spent nuclear fuel and high-level waste from PVNGS. In August 2014, APS and the DOE entered into a settlement agreement that establishes a process for the payment of claims for costs incurred through December 31, 2019. Under the settlement agreement, APS must submit claims annually for payment of allowable costs. PNM records estimated claims on a quarterly basis. The benefit from the claims is passed through to customers under the FPPAC to the extent applicable to NMPRC regulated operations.

The DOE is reviewing a possible three year extension of the settlement agreement. PNM cannot predict the timing of the DOE's decision on the extension.

PNM estimates that it will incur approximately $57.7$57.7 million (in 2016 dollars) for its share of the costs related to the on-site interim storage of spent nuclear fuel at PVNGS during the term of the operating licenses. PNM accrues these costs as a component of fuel expense as the nuclear fuel is consumed. At June 30, 2019March 31, 2020 and December 31, 2018,2019, PNM had a liability for interim storage costs of $12.7$12.8 million and $12.4$12.7 million,, which is included in other deferred credits.

PVNGS has sufficient capacity at its on-site Independent Spent Fuel Storage Installation (“ISFSI”) to store all of the nuclear fuel that will be irradiated during the initial operating license period, which ends in December 2027.  Additionally, PVNGS has sufficient capacity at its on-site ISFSI to store a portion of the fuel that will be irradiated during the period of extended operation, which ends in November 2047.  If uncertainties regarding the United StatesU.S. government’s obligation to accept and store spent fuel

PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)


are not favorably resolved, APS will evaluate alternative storage solutions that may obviate the need to expand the ISFSI to accommodate all of the fuel that will be irradiated during the period of extended operation.

The Energy Transition Act

On March 22, 2019, the Governor signed into New Mexico state law Senate Bill 489, known as the Energy Transition Act (“ETA”). The ETA became effective as of June 14, 2019 and sets a statewide standard that requires investor-owned electric utilities to have specified percentages of their electric-generating portfolios be provided from renewable and zero-carbon generating resources. Prior to the enactment of the ETA, the REA established a mandatory RPS requiring utilities to acquire a renewable energy portfolio equal to 10% of retail electric sales by 2011, 15% by 2015, and 20% by 2020. The ETA amends the REA and requires utilities operating in New Mexico to have renewable portfolios equal to 20% by 2020, 40% by 2025, 50% by 2030, 80% by 2040, and 100% zero-carbon energy by 2045. The ETA also amends sections of the REA to allow for the recovery of undepreciated investments and decommissioning costs related to qualifying EGUs that the NMPRC has required be removed from retail jurisdictional rates, provided replacement resources to be included in retail rates have lower or zero-carbon emissions. The ETA requires the NMPRC to review and approve utilities’ annual renewable portfolio plans to ensure compliance with the RPS. The ETA also directs the New Mexico Environmental Improvement Board to adopt standards of performance that limit CO2 emissions to no more than 1,100 lbs. per MWh beginning January 1, 2023 for new or existing coal-fired EGUs with original installed capacities exceeding 300 MW.

The ETA provides for a transition from fossil-fuel generation resources to renewable and other carbon-free resources through certain provisions relating to the abandonment of coal-fired generating facilities. These provisions include the use of “energy transition bonds,” which are designed to be highly rated bonds that can be issued to finance certain costs of abandoning coal-fired facilities that are retired prior to January 1, 2023 for facilities operated by a “qualifying utility,” or prior to January 1, 2032 for facilities that are not operated by the qualifying utility. The amount of energy transition bonds that can be issued to recover abandonment costs is limited to the lesser of $375.0 million or 150% of the undepreciated investment of the facility as of the abandonment date. Proceeds provided by energy transition bonds must be used only for purposes related to providing utility service to customers and to pay “financing costs” (as defined by the ETA). These costs may include plant decommissioning and coal mine reclamation costs provided those costs have not previously been recovered from customers or disallowed by the NMPRC or by a court order. See Note 12 for a discussion of the NM Supreme Court’s decision to affirm the NMPRC’s disallowance of certain costs, including the cost of BDT at SJGS, in PNM’s NM 2015 Rate Case. Proceeds from energy transition bonds may also be used to fund severances for employees of the retired facility and related coal mine and to promote economic development, education and job training in areas impacted by the retirement of the coal-fired facilities. Energy transition bonds must be issued under an NMPRC approved financing order, are secured by “energy transition property,” are non-recourse to the issuing utility, and must be repaid by a non-bypassable charge paid by all customers of the issuing utility. These customer charges are subject to an adjustment mechanism designed to provide for timely and complete payment of principal and interest due under the energy transition bonds.

The ETA also provides that utilities must obtain NMPRC approval of competitively procured replacement resources. In determining whether to approve replacement resources, the NMPRC must give preference to resources with the least environmental impacts, those with higher ratios of capital costs to fuel costs, and those located in the school district of the abandoned facility able to reduce the cost of reclamation and use for lands previously mined within the county of the EGU to be abandoned. The ETA also provides for the procurement of energy storage facilities and gives utilities discretion to maintain and control these systems to ensure reliable and efficient service.

PNM expects the ETA will have a significant impact on PNM’s future generation portfolio, including PNM’s planned retirement of SJGS in 2022. See additional discussion in Note 12 of PNM’s SJGS Abandonment Application. PNM cannot predict the full impact of the ETA or the outcome of its pending and potential future generating resource abandonment and replacement resource filings with the NMPRC.


PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)


The Clean Air Act

Regional Haze
Regional Haze

In 1999, EPA developed a regional haze program and regional haze rules under the CAA. The rule directs each of the 50 states to address regional haze. Pursuant to the CAA, states have the primary role to regulate visibility requirements by promulgating SIPs. States are required to establish goals for improving visibility in national parks and wilderness areas (also known as Class I areas) and to develop long-term strategies for reducing emissions of air pollutants that cause visibility impairment in their own states and for preventing degradation in other states. States must establish a series of interim goals to ensure continued progress by adopting a new SIP every ten years. In the first SIP planning period, states were required to conduct BART determinations for certain covered facilities, including utility boilers, built between 1962 and 1977 that have the potential to emit more than 250 tons per year of visibility impairing pollution. If it was demonstrated that the emissions from these sources caused or contributed to visibility impairment in any Class I area, then BART must have been installed by the beginning of 2018. For all future SIP planning periods, states must evaluate whether additional emissions reduction measures may be needed to continue making reasonable progress toward natural visibility conditions.

On January 10, 2017, EPA published in the Federal Register revisions to the regional haze rule. EPA also provided a companion draft guidance document for public comment. The new rule delayed the due date for the next cycle of SIPs from 2019 to 2021, altered the planning process that states must employ in determining whether to impose “reasonable progress” emission reduction measures, and gave new authority to federal land managers to seek additional emission reduction measures outside of the states’ planning process. Finally, the rule made several procedural changes to the regional haze program, including changes to the schedule and process for states to file 5-year progress reports. EPA’s new rule was challenged by numerous parties. On January 19, 2018, EPA filed a motion to hold the case in abeyance in light of several letters issued by
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TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)

EPA on January 17, 2018 to grant various petitions for reconsideration of the 2017 rule revisions. EPA’s decision to revisit the 2017 rule is not a determination on the merits of the issues raised in the petitions.

On December 20, 2018, EPA released a new guidance document on tracking visibility progress for the second planning period. EPA is allowing states discretion to develop SIPs that may differ from EPA’s guidance as long as they are consistent with the CAA and other applicable regulations. On August 20, 2019, EPA finalized the draft guidance that was released in 2016 as a companion to the regional haze rule revisions. The final guidance differs from the draft in several ways. For example, the final guidance recognizes that sources already subject to BART may not need to be re-evaluated under the full four-factor analysis whereas the draft guidance encouraged states to evaluate all sources regardless of whether they were previously subject to BART. In addition, the final guidance recognizes that states may consider both visibility benefits and the cost of different control options when applying the four-factor analysis whereas the draft guidance recommended states require any control measures identified to be reasonable after considering the four-factor analysis alone. SIPs for the second compliance period are due in July 2021. EPA’s decision to revisitNMED is currently preparing its SIP for the 2017 rule issecond compliance period and has notified PNM that it will not require a determination on the merits of the issues raised in the petitions. PNM is evaluating the potential impacts of these matters.

SJGS

December 2018 Compliance Filing As discussed in Note 16 of the Notes to the Consolidated Financial Statements in the 2018 Annual Reports on Form 10-K, in December 2015 PNM received NMPRC approval for a plan to comply with the EPA regional haze rule at SJGS. Among other things, the NMPRC’s December 2015 order required that, no later than December 31, 2018,four-factor analysis for SJGS since PNM make a filing with the NMRPC to determine the extent to which SJGS should continue serving PNM’s customers’ needs after June 30, 2022 (the “December 2018 Compliance Filing”). The December 2018 Compliance Filing was required to be made before PNM entered into a binding commitment for post-2022 coal supply but after PNM received firm pricing and other terms for the supply of coal at SJGS, unless PNM did not intend to pursue an agreement for post-2022 coal supply at SJGS. The NMPRC’s December 2015 order also indicated that, if SJGS Unit 4 is abandoned with undepreciated investment on PNM’s books, PNM is prohibited from recovering the undepreciated investment ofwill retire its 132 MW interest and required that PNM’s 65 MW interest in SJGS Unit 4 be treated as excluded merchant plant. PNM is currently depreciating its investments in SJGS through 2053, which reflects the period of time over which the NMPRC has authorized PNM to recover its investment in SJGS from New Mexico retail customers.

PNM submitted the December 2018 Compliance Filing to the NMPRC on December 31, 2018 indicating that, consistent with the conclusions reached in PNM’s 2017 IRP, PNM’s customers would benefit from the retirement of PNM’s share of SJGS after the current SJGS CSA expires in mid-2022 (Note 12). The December 2018 Compliance Filing also indicated that, pursuant to the terms of the agreements governing SJGS, all of the SJGS owners except for Farmington provided written notice that they do not intend to extend the SJGS operating agreements beyond their June 30, 2022 expiration dates, and that PNM has provided written notice to SJCC that PNM does not intend to extend the SJGS CSA beyond June 30, 2022. On January 30, 2019, the NMPRC issued an order initiating a proceeding and requiring PNM to submit an application for the abandonment of PNM’s share of SJGS by March 1, 2019. PNM filed a motion requesting the NMPRC vacate the January 30, 2019 order, which was deemed denied. On February 27, 2019, PNM filed a petition with the NM Supreme Court stating that the requirements of the January 30,

PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)


2019 order exceed the NMPRC’s authority by, among other things, mandating PNM to make a filing that is legally voluntary, and that the order is contrary to NMPRC precedent which requires abandonment applications to also include identified replacement resources and other information that would not be available to PNM by March 1, 2019. On March 1, 2019, the NM Supreme Court granted a temporary stay of the NMPRC’s order. Various parties intervened in the petition. On June 26, 2019, the NM Supreme Court lifted the stay, denied PNM’s petition without discussion, and vacated oral arguments that had been scheduled for July 9, 2019. See additional discussion of PNM’s July 1, 2019 SJGS Abandonment Application in Note 12.

GAAP requires that long-lived assets be tested for impairment when events or changes in circumstances indicate that their carrying value may not be recoverable. As of December 31, 2018, PNM evaluated the events surrounding its future participation in SJGS and determined that it is more likely than not that PNM’s share of SJGS will be retired in 2022. As a result, PNM performed an impairment analysis that assumed SJGS would not continue to operate through 2053, as previously approved by the NMPRC. PNM’s impairment analysis indicated that, pursuant to the NMPRC’s December 2015 order, PNM’s undepreciated 132 MW interest in SJGS Unit 4 at June 30, 2022 will not be recovered from customers; that the estimated future cash flows expected to result from the operation of SJGS Unit 4 through June 30, 2022 are not sufficient to provide for recovery of PNM’s 65 MW merchant interest in the facility; and that it is unlikely PNM will be able to sell or transfer its interests in SJGS to third parties at amounts sufficient to provide for their recovery. As a result, as of December 31, 2018, PNM recorded a pre-tax impairment of its investment in SJGS of approximately $35.0 million, which is reflected as regulatory disallowances and restructuring costs on the Consolidated Statements of Earnings in the 2018 Annual Reports on Form 10-K. This amount includes the entire $11.9 million carrying value of PNM’s 65 MW interest in SJGS Unit 4 as of December 31, 2018 and $23.1 million of estimated undepreciated investments in PNM’s 132 MW jurisdictional interest as of June 30, 2022 that will not be recovered from customers. As of June 30, 2019 and December 31, 2018, the net book value of PNM’s investments in SJGS are $364.6 million and $373.6 million. See additional discussion below regarding the increase in PNM’s estimated liability for coal mine reclamation.

NEE Complaint – On March 31, 2016, NEE filed a complaint with the NMPRC alleging that PNM failed to comply with its discovery obligation in the case authorizing the shutdown of SJGS Units 2 and 3 and requesting the NMPRC investigate whether financing provided by NM Capital to the former owner of SJCC (the “Westmoreland Loan”) could adversely affect PNM’s ability to provide electric service to its retail customers. On January 31, 2018, NEE filed a motion asking the NMPRC to investigate whether PNM’s relationship with the former owner of SJCC could be harmful to PNM’s customers. On May 23, 2018, PNM filed its response to the NMPRC staff’s comments noting that the Westmoreland Loan was paid in full on May 22, 2018. On October 11, 2018, PNM notified the NMPRC that the former owner of SJCC, Westmoreland, had filed voluntary petitions for relief under Chapter 11 of the U.S. Bankruptcy Code. As discussed in Note 6, on March 15, 2019, Westmoreland announced that it had emerged from Chapter 11 bankruptcy as a privately held company owned and operated by a group of its former creditors. Under the reorganization, all the assets of SJCC were sold to WSJ LLC. As successor entity to SJCC, WSJ LLC assumed all rights and obligations of Westmoreland including obligations to PNM under the SJGS CSA. The NMPRC has taken no further action on NEE’s complaints. PNM cannot predict if the NMPRC will take any further action onoutcome of these matters or the potential outcome.with respect to Four Corners.


Four Corners

Four Corners Federal Agency Lawsuit – On April 20, 2016, several environmental groups filed a lawsuit against OSM and other federal agencies in the United StatesU.S. District Court for the District of Arizona in connection with their issuance of the approvals that extended the life of Four Corners and the adjacent mine. The lawsuit alleges that these federal agencies violated both the ESA and NEPA in providing the federal approvals necessary to extend operations at Four Corners and the adjacent mine past July 6, 2016.  The court granted an APS motion to intervene in the litigation. On September 15, 2016, NTEC, the current owner of the mine providing coal to Four Corners, filed a motion to intervene for the limited purpose of seeking dismissal of the lawsuit based on NTEC’s tribal sovereign immunity. On September 11, 2017, theThe court granted NTEC’s motion and dismissed the case with prejudice, terminating the proceedings. TheIn November 2017, the environmental group plaintiffs filed a Notice of Appeal of the dismissal in the United StatesU.S. Court of Appeals for the Ninth Circuit, on November 9, 2017, and the court granted their subsequent motion to expedite the appeal. Oral arguments for the appeal were held on March 7, 2019. On July 29, 2019, theThe Ninth Circuit issued a decision affirming the District Court’s dismissal of the case. In September 2019, the environmental groups filed a motion for reconsideration, which was denied in December 2019. On March 24, 2020, the environmental groups filed a petition for writ of certiorari in the U.S. Supreme Court seeking review of the Ninth Circuit's decision. PNM cannot predict if parties to the lawsuit will appealoutcome of this decision.matter.


PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)


Carbon Dioxide Emissions

On August 3, 2015, EPA established standards to limit CO2 emissions from power plants. EPA took three separate but related actions in which it: (1) established the carbon pollution standardsCarbon Pollution Standards for new, modified, and reconstructed power plants; (2) established the Clean Power Plan to set standards for carbon emission reductions from existing power plants; and (3) released a proposed federal plan associated with the final Clean Power Plan. The Clean Power Plan was published on October 23, 2015.

Multiple states, utilities, and trade groups filed petitions for review in the DC Circuit to challenge both the Carbon Pollution Standards for new sources and the Clean Power Plan for existing sources. Numerous parties also simultaneously filed motions to stay the Clean Power Plan during the litigation. On January 21, 2016, the DC Circuit denied petitions to stay the Clean Power Plan, but 29 states and state agencies successfully petitioned the US Supreme Court for a stay, which was granted on February 9, 2016. The decision meansmeant that the Clean Power Plan iswas not in effect and neither states nor sources arewere obliged to comply with its requirements. With the US Supreme Court stay in place, the DC Circuit heard oral arguments on the merits of the Clean Power Plan on September 27, 2016 in front of a ten judge en banc panel. However, before the DC Circuit could issue an opinion, the Trump Administration asked that the case be held in abeyance while the rule was being re-evaluated, which was granted. In addition, the DC Circuit issued a similar order in connection with a motion filed by EPA to hold cases challenging the NSPS in abeyance. On September 17, 2019, the DC Circuit issued an order that granted motions by various petitioners, including industry groups and EPA, to dismiss cases challenging the Clean Power Plan as moot due to EPA's issuance of the Affordable Clean Energy rule, which repealed the Clean Power Plan.

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On March 28, 2017, President Trump issued an Executive Order on Energy Independence. The order put forth two general policies: promote clean and safe development of energy resources, while avoiding regulatory burdens, and ensure electricity is affordable, reliable, safe, secure, and clean.  The order directed the EPA Administrator to review and, if appropriate and consistent with law, suspend, revise, or rescind (1) the Clean Power Plan, (2) the New Source Performance Standards (“NSPS”) for GHG from new, reconstructed, or modified electric generating units, (3) the Proposed Clean Power Plan Model Trading Rules, and (4) the Legal Memorandum supporting the Clean Power Plan. It also directed the EPA Administrator to notify the US Attorney General of his intent to review rules subject to pending litigation so that the US Attorney General may notify the court and, in his discretion, request that the court delay further litigation pending completion of the reviews. In response to the Executive Order, EPA filed a petition with the DC Circuit requesting the cases challenging the Clean Power Plan be held in abeyance until after the conclusion of EPA’s review and any subsequent rulemaking, which was granted. In addition, the DC Circuit issued a similar order in connection with a motion filed by EPA to hold cases challenging the NSPS in abeyance. On September 17, 2019, the DC Circuit issued an order that granted motions by various petitioners, including industry groups and EPA, to dismiss the cases challenging the Clean Power Plan as moot due to EPA’s issuance of the Affordable Clean Energy rule.

OnEPA’s efforts to replace the Clean Power Plan with the Affordable Clean Energy rule began on October 10, 2017, when EPA issued a NOPR proposing to repeal the Clean Power Plan and filed its status report with the court requesting the case be held in abeyance until the completion of the rulemaking on the proposed repeal. The NOPR proposed a legal interpretation concluding that the Clean Power Plan exceeded EPA’s statutory authority. On August 31, 2018, EPA published a proposed rule, informally known as the Affordable Clean Energy rule, to replace the Clean Power Plan. On June 19, 2019, EPA released the final version of the Affordable Clean Energy rule. EPA takes three actions in the final rule: (1) finalizes the repealrepealing of the Clean Power Plan; (2) finalizespromulgating the Affordable Clean Energy rule; and (3) revisesrevising the implementing regulations for all emission guidelines issued under Clean Air Act Section 111(d), which, among other things, extends the deadline for state plans and the timing of state plans.for EPA's approval process. The final rule is very similar to the August 2018 proposed rule. EPA set the Best System of Emissions Reduction (“BSER”) for existing coal-fired power plants as heat rate efficiency improvements based on a range of "candidate technologies"“candidate technologies” that can be applied inside the fence-line. Rather than setting a specific numerical standard of performance, EPA'sEPA’s rule directs states to determine which of the candidate technologies to apply to each coal-fired unit and establish standards of performance based on the degree of emission reduction achievable based on the application of BSER. States will have three years from when theThe final rule is finalizedrequires states to submit a plan to EPA by July 8, 2022 and then the EPA has one year to approve the plan. If states do not submit a plan or their submitted plan is not acceptable, EPA will have two years to develop a federal plan. While corresponding NSR reform regulations were proposed as part of the EPA’s Affordable Clean Energy proposal, the final rule did not include such reform measures. EPA announced that it will be taking final action on the NSR reform proposal for EGUs in the near future. The Affordable Clean Energy rule is not expected to impact SJGS since EPA’s final approval of a state SIP would occur after the planned shutdownPNM retires its share of SJGS in 2022 (subject to NMPRC approval).2022.

Since the Navajo Nation does not have primacy over its air quality program, EPA would be the regulatory authority responsible for implementing the Affordable Clean Energy rule on the Navajo Nation. PNM is currently reviewing the requirements of the Affordable Clean Energy rule and is unable to predict the potential financial or operational impacts on Four Corners.

While corresponding NSR reform regulations were proposed as part of the proposed Affordable Clean Energy rule, the final rule did not include such reform measures. EPA has indicated that it plans to finalize the proposed NSR reform in 2020. Unrelated to the Affordable Clean Energy rule, EPA issued a proposed rule on August 1, 2019 to clarify one aspect of the pre-construction review process for evaluating whether the NSR permitting program would apply to a proposed project at an existing source of emissions. The proposed rule clarifies that both emissions increases and decreases resulting from a project are to be considered in determining whether the proposed project will result in an increase in air emissions.
On December 20, 2018, EPA published in the Federal Register a proposed rule that would revise the carbon pollution standardsCarbon Pollution Standards rule published in October 2015 for fossil fueled power plants.new, reconstructed, or modified coal-fired EGUs. The proposed rule would revise the standards for coal-new coal-fired EGUs based on the revised BSER as the most efficient demonstrated steam cycle (e.g., supercritical steam conditions for large units and subcritical steam conditions for small units), instead of partial carbon capture and sequestration. As a result, the proposed rule contains less stringent CO2 emission performance standards for new units. EPA has also proposed revisions to the standards for reconstructed and modified fossil-fueled power plants to align with the proposed standards for new units. EPA is not proposing any changes nor reopening the standards of performance for newly constructed or reconstructed stationary combustion turbines. A final rule is expected in 2020.

PNM’s review of the GHG emission reductions standards under the Affordable Clean Energy rule and the revised proposed Carbon Pollution Standards rule is ongoing. The Affordable Clean Energy rule has been challenged by several parties
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fired units based on a revised BSER determination that would result in less stringent CO2 emission performance standards for new, reconstructed, and modified fossil-fueled power plants. EPA is not proposing any changes nor reopening the standards of performance for newly constructed or reconstructed stationary combustion turbines. Comments on the proposal were due on March 18, 2019.

PNM’s review of the GHG emission reductions standards under the Affordable Clean Energy rule and the revised proposed carbon pollution standards rule is ongoing. The Affordable Clean Energy rule has been challenged by several parties and may be impacted by further litigation. As discussed above, SJGS and Four Corners may also be required to comply with additional GHG restrictions issued by the New Mexico Environmental Improvement Board pursuant to the recently enacted ETA. PNM cannot predict the impact these standards may have on its operations or a range of the potential costs of compliance, if any.

National Ambient Air Quality Standards (“NAAQS”)

The CAA requires EPA to set NAAQS for pollutants reasonably anticipated to endanger public health or welfare. EPA has set NAAQS for certain pollutants, including NOx, SO2, ozone, and particulate matter. In 2010, EPA updated the primary NOx and SO2 NAAQS to include a 1-hour standard while retaining the annual standards for NOx and SO2 and the 24-hour SO2 standard. EPA also updated the final particulate matter standard in 2012 and updated the ozone standard in 2015.

NOx Standard – On April 18, 2018, EPA published the final rule to retain the current primary health-based NOx standards of which NO2 is the constituent of greatest concern and is the indicator for the primary NAAQS. EPA concluded that the current 1-hour and annual primary NO2 standards are requisite to protect public health with an adequate margin of safety. The rule became effective on May 18, 2018.

SO2 Standard – On May 13, 2014, EPA released the draft data requirements rule for the 1-hour SO2 NAAQS, which directs state and tribal air agencies to characterize current air quality in areas with large SO2 sources to identify maximum 1-hour SO2 concentrations. This characterization would result in theserequires areas beingbe designated as attainment, nonattainment, or unclassifiable for compliance with the 1-hour SO2 NAAQS. On March 2, 2015, the United States District Court for the Northern District of California approved a settlement that imposed deadlines for EPA to identify areas that violate the NAAQS standards for 1-hour SO2 emissions. The settlement resulted from a lawsuit brought by Earthjustice on behalf of the Sierra Club and the Natural Resources Defense Council under the CAA. The consent decree required, among other things, that EPA must issue designations for areas for which states have adopted a new monitoring network under the proposed data requirements rule by December 2020.  EPA regions sent letters to state environmental agencies explaining how EPA plans to implement the consent decree.  The letters outline the schedule that EPA expects states to follow in moving forward with new SO2 non-attainment designations. NMED did not receive a letter.

On August 11, 2015, EPA released the Data Requirements Rule for SO2, telling states how to model or monitor to determine attainment or nonattainment with the new 1-hour SO2 NAAQS.  On June 3, 2016, NMED notified PNM that air quality modeling results indicated that SJGS was in compliance with the standard. In January 2017, NMED submitted its formal modeling report regarding attainment status to EPA. The modeling indicated that no area in New Mexico exceeds the 1-hour SO2 standard. On June 27, 2018, NMED submitted the first annual report for SJGS as required by the Data Requirements Rule. TheRule in June 2018. That report recommendsrecommended that no further modeling was warranted due to decreased SO2 emissions. NMED submitted the second annual modeling report to EPA in July 2019. That report retained the recommendation that no further modeling is warrantedneeded at this time dueand is subject to decreased SO2 emissions.EPA review.

On February 25, 2019, EPA announced its final decision to retain without changes the primary health-based NAAQS for SOx. Specifically, EPA will retain the current 1-hour standard for SO2, which is 75 parts per billion, (“ppb”), based on the 3-year average of the 99th percentile of daily maximum 1-hour SO2 concentrations.  SO2 is the most prevalent SOx compound and is used as the indicator for the primary SOx NAAQS.

On May 14, 2015, PNM received an amendment to its NSR air permit for SJGS, which reflects the revised state implementation plan for regional haze BART and required the installation of SNCRs. The revised permit also required the reduction of SO2 emissions to 0.10 pound per MMBTU on SJGS Units 1 and 4 and the installation of BDT equipment modifications for the purpose of reducing fugitive emissions, including NOx, SO2, and particulate matter. These reductions help SJGS meet the NAAQS for these constituents. The BDT equipment modifications were installed at the same time as the SNCRs, in order to most efficiently and cost effectively conduct construction activities at SJGS. See a discussion of the regulatory treatment of BDT in Note 12.

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Ozone Standard – On October 1, 2015, EPA finalized the new ozone NAAQS and lowered both the primary and secondary 8-hour standard from 75 to 70 ppb.parts per billion. With ozone standards becoming more stringent, fossil-fueled generation units will come under increasing pressure to reduce emissions of NOx and volatile organic compounds since these are the pollutants that form ground-level ozone, and to generate emission offsets for new projects or facility expansions located in nonattainment areas.ozone.

On November 10, 2015, EPA proposed a rule revising its Exceptional Events Rule, which outlines the requirements for excluding air quality data (including ozone data) from regulatory decisions if the data is affected by events outside an area’s control. The proposed rule is important in light of the more stringent ozone NAAQS final rule since western states like New Mexico and Arizona are subject to elevated background ozone transport from natural local sources, such as wildfires and stratospheric inversions, and transported via winds from distant sources such asin other regions or countries. EPA finalized the stratosphere or another region or country.

On February 25, 2016, EPA released guidancerule on area designations for ozone, which states used to determine their initial designation recommendations by October 1, 2016. NMED published its 2015 Ozone NAAQS Designation Recommendation Report on September 2,3, 2016 and recommended designationreleased related guidance in 2018 and 2019 to help implement its new exceptional events policy.
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During 2017 and 2018, EPA released rules establishing area designations.designations for ozone. In those rules, San Juan County, New Mexico, where SJGS and Four Corners are located, is designated as attainment/unclassifiable and only a small area in DonaDoña Ana County, New Mexico is designated as marginal non-attainment. The final rule also establishes the timing of attainment dates for each non-attainment area classification, which are marginal, moderate, serious, severe, or extreme. The rule became effective May 8, 2018. Attainment plans for nonattainment areas are due mid-2021 to 2022.in August 2021.

NMED has responsibility for bringing the small area in DonaDoña Ana County designated as marginal/non-attainment for ozone into compliance and will look at all sources of NOx and volatile organic compounds. On November 22, 2019, EPA issued findings that several states, including New Mexico, had failed to submit SIPs for the 8-hour ozone NAAQS. In response, in December 2019, NMED is working onpublished the State Implementation Plan revisionPublic Review Draft of the New Mexico 2013 NAAQS Good Neighbor SIP that outlines the strategies and emissions control measures that are expected to improve air quality in the area by May 8, 2021. These strategies and measures would aim to reduce the amount of NOx and volatile organic compounds emitted to the atmosphere and will rely upon current or upcoming federal rules, new or revised state rules, and other programs. Comments or requests for a public hearing were required by January 21, 2020.

PNM does not believe there will be material impacts to its facilities as a result of NMED’s non-attainment designation of the small area within DonaDoña Ana County. Until EPA approves attainment designations for the Navajo Nation and releases a proposal to implement the revised ozone NAAQS, PNM is unable to predict what impact the adoption of these standards may have on Four Corners.PNM cannot predict the outcome of this matter.

WEG v. OSM NEPA Lawsuit

In February 2013, WEG filed a Petition for Review in the United States District Court of Colorado against OSM challenging federal administrative decisions affecting seven different mines in four states issued at various times from 2007 through 2012.  In its petition, WEG challenged several unrelated mining plan modification approvals, which were each separately approved by OSM.  WEG alleged various NEPA violations against OSM, including, but not limited to, OSM’s alleged failure to provide requisite public notice and participation, alleged failure to analyze certain environmental impacts, and alleged reliance on outdated and insufficient documents.  WEG’s petition sought various forms of relief, including a finding that the federal defendants violated NEPA by approving the mine plans; voiding, reversing, and remanding the various mining modification approvals; enjoining the federal defendants from re-issuing the mining plan approvals for the mines until compliance with NEPA has been demonstrated; and enjoining operations at the seven mines.

Of the fifteen claims for relief in the WEG Petition, two concerned SJCC’s San Juan mine. WEG’s allegations concerning the San Juan mine arise from OSM administrative actions in 2008. SJCC intervened in this matter. In 2016, OSM filed a Motion for Voluntary Remand to allow the agency to conduct a new environmental analysis and the court entered an order remanding the matter to OSM for the completion of an EIS by August 31, 2019. The court ruled that mining operations may continue in the interim and the litigation is administratively closed. If OSM does not complete the EIS within the time frame provided, the court will order immediate
vacaturPM Standard of the mining plan at issue absent a further court order based on good cause shown. The public scoping process, data submittal phase, and public comment period was completed in July 2018. The Notice of Availability for the

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final EIS was– On January 30, 2020, EPA published in the Federal Register a notice announcing the availability of its final Policy Assessment for the Review of the National Ambient Air Quality Standards for Particulate Matter (the "Final PA"). The final assessment was prepared as part of the review of the primary and became availablesecondary PM NAAQS.In the assessment, EPA recommend lowering the primary annual PM2.5 standard to between 8 µg/m3 and 10 µg/m3. However, EPA signed a proposed rule on April 14, 2020 to retain the OSM website on March 15, 2019. NEPA requires OSMcurrent standards for PM due to identify a preferred alternativeuncertainties in the final EIS and prepare a recommendation to the Assistant Secretary of Land and Minerals Management. OSM has selected a plan that would allow for continued mining that would extend beyond 2022 as the preferred alternative based on the impact analysisdata relied upon in the EIS. On May 1, 2019, OSMFinal PA. Once the proposed rule is published its Record of Decision, which would allow for continued mining in the underground mineFederal Register, EPA will accept comments for 60 days and anticipates issuing a final rulemaking in annual quantities similar to those being currently being provided.  The OSM’s Record of Decision is subject to additional review and approval.late 2020. PNM cannot predict the outcome of this matter.matter or whether it will have a material impact on its financial position, results of operations, or cash flows.

Navajo Nation Environmental Issues
Four Corners is located on the Navajo Nation and is held under easements granted by the federal government, as well as agreements with the Navajo Nation which grant each of the owners the right to operate on the site. The Navajo Acts purport to give the Navajo Nation Environmental Protection Agency authority to promulgate regulations covering air quality, drinking water, and pesticide activities, including those activities that occur at Four Corners. In October 1995, the Four Corners participants filed a lawsuit in the District Court of the Navajo Nation challenging the applicability of the Navajo Acts to Four Corners. In May 2005, APS and the Navajo Nation signed an agreement resolving the dispute regarding the Navajo Nation’s authority to adopt operating permit regulations under the Navajo Nation Air Pollution Prevention and Control Act. As a result of this agreement, APS sought, and the court granted, dismissal of the pending litigation in the Navajo Nation Supreme Court and the Navajo Nation District Court, to the extent the claims relate to the CAA. The agreement does not address or resolve any dispute relating to other aspects of the Navajo Acts. PNM cannot currently predict the outcome of these matters or the range of their potential impacts.

Cooling Water Intake Structures
In 2014, EPA issued a rule establishing national standards for certain cooling water intake structures at existing power plants and other facilities under the Clean Water Act to protect fish and other aquatic organisms by minimizing impingement mortality (the capture of aquatic wildlife on intake structures or against screens) and entrainment mortality (the capture of fish or shellfish in water flow entering and passing through intake structures).
To minimize impingement mortality, the rule provides operators of facilities, such as SJGS and Four Corners, seven7 options for meeting Best Technology Available (“BTA”) standards for reducing impingement. SJGS has a closed-cycle recirculating cooling system, which is a listed BTA and may also qualify for the “de minimis rate of impingement” based on the
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design of the intake structure. The permitting authority must establish the BTA for entrainment on a site-specific basis, taking into consideration an array of factors, including endangered species and social costs and benefits. Affected sources must submit source water baseline characterization data to the permitting authority to assist in the determination. Compliance deadlines under the rule are tied to permit renewal and will be subject to a schedule of compliance established by the permitting authority.
The rule is not clear as to how it applies and what the compliance timelines are for facilities like SJGS that have a cooling water intake structure and only a multi-sector general stormwater permit. However, EPA has indicated that it is contemplating a December 31, 2023 compliance deadline. PNM is working with EPA regarding this issue. However, PNMissue and does not expect material changes as a result of any requirements that may be imposed upon SJGS.SJGS, particularly given the NMPRC's April 1, 2020 approval for PNM to retire its share of SJGS by June 2022.
On May 23, 2018, several environmental groups sued EPA Region IX in the United StatesU.S. Court of Appeals for the Ninth Circuit Court over EPA’s failure to timely reissue the Four Corners NPDES permit. The petitioners asked the court to issue a writ of mandamus compelling EPA Region IX to take final action on the pending NPDES permit by a reasonable date. EPA subsequently reissued the NPDES permit on June 12, 2018. The permit did not contain conditions related to the cooling water intake structure rule as EPA determined that the facility has achieved BTA for both impingement and entrainment by operating a closed-cycle recirculation system and no additional conditions are necessary.system. On July 16, 2018, several environmental groups filed a petition for review with the EPA’s Environmental Appeals Board concerning the reissued permit. The environmental groups alleged that the permit was reissued in contravention of several requirements under the Clean Water Act and did not contain required provisions concerning certain revised effluent limitation guidelines, existing-source regulations governing cooling-water intake structures, and effluent limits for surface seepage and subsurface discharges from coal-ash disposal facilities. On December 19, 2018, EPA withdrew the Four Corners NPDES permit in order to examine issues raised by the environmental groups. Withdrawal of the permit moots the appeal pending before the Environmental Appeals Board. The EPA’s Environmental Appeals Board thereafter dismissed the environmental groups’ appeal. EPA has issued a proposedan updated NPDES permit for Four Corners and has indicated that it would accept comments through July 2019. As part of the proposal, EPA is contemplating a December 31, 2023 compliance deadline. EPA currently projects that it will take final action on the permit proposal by September 30, 2019. Four Corners will

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continueThe permit has been stayed pending an appeal filed by several environmental groups on November 1, 2019 to operate under the 2001 NPDES permit.EPA's Environmental Appeals Board. PNM cannot predict the outcome of this matter or whether reconsiderationit will have a material impact on PNM’s financial position, results of operations or cash flows.

Effluent Limitation Guidelines

On June 7, 2013, EPA published proposed revised wastewater effluent limitation guidelines establishing technology-based wastewater discharge limitations for fossil fuel-fired electric power plants.  EPA’s proposal offered numerous options that target metals and other pollutants in wastewater streams originating from fly ash and bottom ash handling activities, scrubber activities, and non-chemical metal cleaning waste operations.  All proposed alternatives establish a “zero discharge” effluent limit for all pollutants in fly ash transport water. Requirements governing bottom ash transport water differ depending on which alternative EPA ultimately chooses and could range from effluent limits based on Best Available Technology Economically Achievable to “zero discharge” effluent limits.

EPA signed the final Steam Electric Effluent Guidelines rule on September 30, 2015. The final rule, which became effective on January 4, 2016, phases in the new, more stringent requirements in the form of effluent limits for arsenic, mercury, selenium, and nitrogen for wastewater discharged from wet scrubber systems and zero discharge of pollutants in ash transport water that must be incorporated into plants’ NPDES permits. Each plant must comply between 2018 and 2023 depending on when it needs a new or revised NPDES permit.

On September 18, 2017, EPA published a final rule for postponement of certain compliance dates, which have not yet passed for the Effluent Limitations Guidelines rule. The rule postponed the earliest date on which compliance with the effluent limitation guidelines for these waste streams would be required from November 1, 2018 until November 1, 2020, although the new deadlines have been challenged in court.

The Effluent Limitations Guidelines rule was challenged in the U.S. Court of Appeals for the Fifth Circuit by numerous parties. On April 12, 2017, EPA signed a notice indicating its intent to reconsider portions of the rule, and on August 22, 2017, the Fifth Circuit issued an order severing the issues under reconsideration and holding the case in abeyance as to those issues. However, the court allowed challenges to other portions of the rule to proceed. On April 12, 2019, the Fifth Circuit granted those challenges and issued an opinion vacating several portions of the rule, specifically those related to legacy wastewater and leachate, for which the court deemed the standards selected by the EPA arbitrary and capricious.

On September 18, 2017, EPA published a final rule for postponement of certain compliance dates. The rule postponed the earliest date on which compliance with the effluent limitation guidelines for these waste streams would be required from
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November 1, 2018 until November 1, 2020. Although the new deadlines were challenged in court, the Fifth Circuit rejected those challenges on August 28, 2019. On November 22, 2019, EPA published a proposed rule revising the original Effluent Limitation Guidelines while maintaining the compliance dates. Comments were due January 21, 2020.

Because SJGS is zero discharge for wastewater and is not required to hold a NPDES permit, it is expected that minimal to no requirements will be imposed. Reeves Station, a PNM-owned gas-fired generating station, discharges cooling tower blowdown to a publicly owned treatment plant and holds an NPDES permit. It is expected that minimal to no requirements will be imposed at Reeves Station.

EPA reissued an NPDES permit for Four Corners on June 12, 2018. EPA had determinedSince that time, the guidelines in the 2015 rule were not applicable to thisNPDES permit because the effective dates of the 2015 effluent guidelines rule were extended but later withdrew theat Four Corners NPDES permit in orderhas been subject to examine issues raisedvarious challenges by several environmental groups. Four Corners will continue to operate under the 2001 NPDES permit. See Cooling Water Intake Structures above.above for additional discussion of Four Corners' current NPDES permit. Four Corners may be required to change equipment and operating practices affecting boilers and ash handling systems, as well as change its waste disposal techniques during the next NPDES permit renewal for Four Corners, which will be in 2023. PNM is unable to predict the outcome of these matters or a range of the potential costs of compliance.

Santa Fe Generating Station
PNM and the NMED are parties to agreements under which PNM has installed a remediation system to treat water from a City of Santa Fe municipal supply well and an extraction well and monitoring wells to address gasoline contamination in the groundwater at the site of PNM’s former Santa Fe Generating Station and service center. PNM believes the observed groundwater contamination originated from off-site sources but agreed to operate the remediation facilities until the groundwater meets applicable federal and state standards or until the NMED determines that additional remediation is not required, whichever is earlier. The City of Santa Fe has indicated that since the City no longer needs the water from the well, the City would prefer to discontinue its operation and maintain it only as a backup water source. However, for PNM’s groundwater remediation system to operate, the water well must

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be in service. Currently, PNM is not able to assess the duration of this project or estimate the impact on its obligations if the City of Santa Fe ceases to operate the water well.

The Superfund Oversight Section of the NMED also has conducted multiple investigations into the chlorinated solvent plume in the vicinity of the site of the former Santa Fe Generating Station. In FebruaryA 2008 a NMED site inspection report was submitted to EPA, which states that neither the source nor extent of contamination at the site has been determined and that the source may not be the former Santa Fe Generating Station. Results of tests conducted byDuring 2013 and 2014, PNM and NMED in April 2012 and April 2013collected additional samples that showed elevated concentrations of nitrate and volatile organic compounds in threesome of the monitoring wells and an increase inat the site. In addition, one monitoring well contained free-phase hydrocarbons in another well.hydrocarbon products. PNM conducted similar site-wide sampling activities in April 2014 and obtained results similar to the 2013 data. As part of this effort, PNM also collected a sample of hydrocarbonthe product for “fingerprint” analysis from a monitoring well located on the northeastern corneranalysis. The results of the property.  Thisthis analysis indicated that the hydrocarbon product was a mixture of older and newer and olderfuels. The presence of newer fuels andin the location of the monitoring wellsample suggests that the hydrocarbon product is likely originated from offsiteoff-site sources. PNM does not believe the former generating station is the source of the increased levels of free-phase hydrocarbons, but no conclusive determinations have been made. However, it is possible that PNM’s prior activities to remediate hydrocarbon contamination, as conducted under an NMED-approved plan, may have resulted in increased nitrate levels.  Therefore, PNM has agreed to monitor nitrate levels in a limited number of wells under the terms of a renewed discharge permit for the former generating station.  The renewed discharge permit requires that PNM conduct more frequent monitoring than originally anticipated, which resulted in an insignificant increase to the project cost estimate as ofIn December 31, 2018.

Effective December 22, 2015, PNM and NMED entered into a memorandum of understanding to address changing groundwater quality conditions at the site. Under the memorandum,site under which PNM willagreed to continue hydrocarbon investigation of the site under the supervision of NMED and qualifiedNMED. Qualified costs of the work will beare eligible for payment through the New Mexico Corrective Action Fund (“CAF”), which is administered by the NMED Petroleum Storage Tank Bureau. Among other things, money in the CAF is available to NMED to make payments to or on behalf of owners and operators for corrective action taken in accordance with statutory and regulatory requirements to investigate, minimize, eliminate, or clean up a release. PNM’s work plan and cost estimates for specific groundwater investigation tasks were approved by the Petroleum Storage Tank Bureau. PNM continues to work with the Petroleum Storage Tank Bureau to monitor contaminants at the site. Qualified costs of this work are eligible for payment through the CAF.

OnIn March 28, 2019, PNM received notice from NMED that an abatement plan for the site is required with respect to the site to address concentrations of previously identified compounds, unrelated to those discloseddiscussed above, found in the groundwater. The abatement plan would include an investigation to define site conditions and provide data necessary to select and design an abatement option. PNM submitted itsNMED approved PNM’s abatement plan proposal, which covers field work and reporting.

Field work related to the investigation under both the CAF and abatement plan requirements was completed in October 2019. Activities and findings associated with the field work will be presented in two separate reports, which were released to stakeholders in early 2020. The reports’ conclusions support PNM’s contention that off-site sources have impacted, and are continuing to impact, the local groundwater in the vicinity of the former Santa Fe Generating Station.

The City of Santa Fe has stopped operating its well at the site, which is needed for PNM’s groundwater remediation system to operate. As a result, PNM has stopped performing remediation activities at the site. However, PNM’s monitoring and other abatement activities at the site are ongoing and will continue until the groundwater meets applicable federal and state standards or until the NMED determines remediation is not required, whichever is earlier. PNM is not able to assess the duration of this project or estimate the impact on July 11, 2019. Under NMED regulations, NMED andits obligations if PNM areis required to publish information summarizingresume groundwater remediation activities at the source and magnitude of the pollution. NMED may also hold a public hearing if there is sufficient public interest.

site. PNM is unable to predict the outcome of these matters.

Coal Combustion Residuals Waste DisposalFour Corners
CCRs consisting of fly ash, bottom ash,
Four Corners Federal Agency Lawsuit – On April 20, 2016, several environmental groups filed a lawsuit against OSM and gypsum generated from coal combustion and emission control equipment at SJGS are currently disposed ofother federal agencies in the surface mine pitsU.S. District Court for the District of Arizona in connection with their issuance of the approvals that extended the life of Four Corners and the adjacent mine. The lawsuit alleges that these federal agencies violated both the ESA and NEPA in providing the federal approvals necessary to the plant. SJGS does not operate any CCR impoundments or landfills. The NMMMD currently regulates mine reclamation activities at the San Juan mine, including placement of CCRs in the surface mine pits, with federal oversight by the OSM. APS disposes of CCRs in ponds and dry storage areas at Four Corners.  Ash managementextend operations at Four Corners is regulatedand the adjacent mine past July 6, 2016.  The court granted an APS motion to intervene in the litigation. NTEC, the current owner of the mine providing coal to Four Corners, filed a motion to intervene for the limited purpose of seeking dismissal of the lawsuit based on NTEC’s tribal sovereign immunity. The court granted NTEC’s motion and dismissed the case with prejudice, terminating the proceedings. In November 2017, the environmental group plaintiffs filed a Notice of Appeal of the dismissal in the U.S. Court of Appeals for the Ninth Circuit, and the court granted their subsequent motion to expedite the appeal. The Ninth Circuit issued a decision affirming the District Court’s dismissal of the case. In September 2019, the environmental groups filed a motion for reconsideration, which was denied in December 2019. On March 24, 2020, the environmental groups filed a petition for writ of certiorari in the U.S. Supreme Court seeking review of the Ninth Circuit's decision. PNM cannot predict the outcome of this matter.

Carbon Dioxide Emissions

On August 3, 2015, EPA established standards to limit CO2 emissions from power plants. EPA took three separate but related actions in which it: (1) established the Carbon Pollution Standards for new, modified, and reconstructed power plants; (2) established the Clean Power Plan to set standards for carbon emission reductions from existing power plants; and (3) released a proposed federal plan associated with the final Clean Power Plan. The Clean Power Plan was published on October 23, 2015.

Multiple states, utilities, and trade groups filed petitions for review in the DC Circuit to challenge both the Carbon Pollution Standards for new sources and the Clean Power Plan for existing sources. Numerous parties also simultaneously filed motions to stay the Clean Power Plan during the litigation. On January 21, 2016, the DC Circuit denied petitions to stay the Clean Power Plan, but 29 states and state agencies successfully petitioned the US Supreme Court for a stay, which was granted on February 9, 2016. The decision meant that the Clean Power Plan was not in effect and neither states nor sources were obliged to comply with its requirements. With the US Supreme Court stay in place, the DC Circuit heard oral arguments on the merits of the Clean Power Plan on September 27, 2016 in front of a ten judge en banc panel. However, before the DC Circuit could issue an opinion, the Trump Administration asked that the case be held in abeyance while the rule was being re-evaluated, which was granted. In addition, the DC Circuit issued a similar order in connection with a motion filed by EPA to hold cases challenging the NSPS in abeyance. On September 17, 2019, the DC Circuit issued an order that granted motions by various petitioners, including industry groups and EPA, to dismiss cases challenging the New Mexico State Engineer’s Office.

EPA’s final coal ashClean Power Plan as moot due to EPA's issuance of the Affordable Clean Energy rule, which became effective on October 19, 2015, included a non-hazardous waste determination for coal ash. The rule sets minimum criteria for existing and new CCR landfills and surface impoundments. Becauserepealed the rule is promulgated under Subtitle DClean Power Plan.

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Table of RCRA, it does not require regulated facilities to obtain permits, does not require states to adopt and implement the rules, and is not within EPA’s enforcement jurisdiction. Instead, the rule’s compliance mechanism is for a state or citizen group to bring a RCRA citizen suit in federal district court against any facility that is alleged to be in non-compliance with the requirements.Contents


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On December 16, 2016,March 28, 2017, President Trump issued an Executive Order on Energy Independence. The order put forth two general policies: promote clean and safe development of energy resources, while avoiding regulatory burdens, and ensure electricity is affordable, reliable, safe, secure, and clean.  The order directed the Water Infrastructure ImprovementsEPA Administrator to review and, if appropriate and consistent with law, suspend, revise, or rescind (1) the Clean Power Plan, (2) the New Source Performance Standards (“NSPS”) for GHG from new, reconstructed, or modified electric generating units, (3) the Nation Act (the “WIIN Act”)Proposed Clean Power Plan Model Trading Rules, and (4) the Legal Memorandum supporting the Clean Power Plan. In response to the Executive Order, EPA filed a petition with the DC Circuit requesting the cases challenging the Clean Power Plan be held in abeyance until after the conclusion of EPA’s review and any subsequent rulemaking, which was signed into lawgranted. In addition, the DC Circuit issued a similar order in connection with a motion filed by EPA to address critical water infrastructure needshold cases challenging the NSPS in abeyance. On September 17, 2019, the DC Circuit issued an order that granted motions by various petitioners, including industry groups and EPA, to dismiss the cases challenging the Clean Power Plan as moot due to EPA’s issuance of the Affordable Clean Energy rule.

EPA’s efforts to replace the Clean Power Plan with the Affordable Clean Energy rule began on October 10, 2017, when EPA issued a NOPR proposing to repeal the Clean Power Plan and filed its status report with the court requesting the case be held in abeyance until the completion of the rulemaking on the proposed repeal. The NOPR proposed a legal interpretation concluding that the Clean Power Plan exceeded EPA’s statutory authority. On August 31, 2018, EPA published a proposed rule, known as the Affordable Clean Energy rule, to replace the Clean Power Plan. On June 19, 2019, EPA released the final version of the Affordable Clean Energy rule. EPA takes three actions in the United States. The WIIN Act contains a number of provisions requiring EPA to modify the self-implementing provisionsfinal rule: (1) repealing of the current CCR rulesClean Power Plan; (2) promulgating the Affordable Clean Energy rule; and (3) revising the implementing regulations for all emission guidelines issued under Subtitle D. AmongClean Air Act Section 111(d), which, among other things, extends the WIIN Act providesdeadline for state plans and the establishmenttiming for EPA's approval process. The final rule is very similar to the August 2018 proposed rule. EPA set the Best System of state and EPA permit programsEmissions Reduction (“BSER”) for CCRs, provides flexibility forexisting coal-fired power plants as heat rate efficiency improvements based on a range of “candidate technologies” that can be applied inside the fence-line. Rather than setting a specific numerical standard of performance, EPA’s rule directs states to incorporatedetermine which of the EPAcandidate technologies to apply to each coal-fired unit and establish standards of performance based on the degree of emission reduction achievable based on the application of BSER. The final rule requires states to submit a plan to EPA by July 8, 2022 and then EPA has one year to approve the plan. If states do not submit a plan or their submitted plan is not acceptable, EPA will have two years to develop a federal plan. The Affordable Clean Energy rule is not expected to impact SJGS since EPA’s final approval of a state SIP would occur after PNM retires its share of SJGS in 2022.

Since the Navajo Nation does not have primacy over its air quality program, EPA would be the regulatory authority responsible for CCRsimplementing the Affordable Clean Energy rule on the Navajo Nation. PNM is unable to predict the potential financial or develop other criteriaoperational impacts on Four Corners.

While corresponding NSR reform regulations were proposed as part of the proposed Affordable Clean Energy rule, the final rule did not include such reform measures. EPA has indicated that it plans to finalize the proposed NSR reform in 2020. Unrelated to the Affordable Clean Energy rule, EPA issued a proposed rule on August 1, 2019 to clarify one aspect of the pre-construction review process for evaluating whether the NSR permitting program would apply to a proposed project at an existing source of emissions. The proposed rule clarifies that both emissions increases and decreases resulting from a project are at least as protectiveto be considered in determining whether the proposed project will result in an increase in air emissions.
On December 20, 2018, EPA published in the Federal Register a proposed rule that would revise the Carbon Pollution Standards rule published in October 2015 for new, reconstructed, or modified coal-fired EGUs. The proposed rule would revise the standards for new coal-fired EGUs based on the revised BSER as the EPA’s final rule,most efficient demonstrated steam cycle (e.g., supercritical steam conditions for large units and requires EPA to approve state permit programs within 180 dayssubcritical steam conditions for small units), instead of submission by the state for approval.partial carbon capture and sequestration. As a result, the CCRproposed rule contains less stringent CO2 emission performance standards for new units. EPA has also proposed revisions to the standards for reconstructed and modified fossil-fueled power plants to align with the proposed standards for new units. EPA is not proposing any changes nor reopening the standards of performance for newly constructed or reconstructed stationary combustion turbines. A final rule is no longer self-implementing and there will either be a state or federal permit program. Subject to Congressional funding, EPA will implement the permit programexpected in states that choose not to implement a program. Until permit programs are in effect, EPA has authority to directly enforce the self-implementing CCR rule. For facilities located within the boundaries of Native American reservations, such as the Navajo Nation where Four Corners is located, EPA is required to develop a federal permit program regardless of appropriated funds. There is no timeline for establishing either state or federal permitting programs. Since the CCR rule was promulgated in 2015, it has undergone multiple revisions and may be subject to further change as a result of EPA’s ongoing2020.
PNM’s review implementation of the WIIN act, andGHG emission reductions standards under the impact of various court decisions in litigation.

On July 30, 2018, the EPA published a rule which constitutes “Phase One, Part One” of its ongoing reconsideration and revision of the April 17, 2015 coal ash rule. The final rule includes two types of revisions. The first revision extends the deadline to allow EGUs with unlined impoundments or that fail to meet the uppermost aquifer requirement to continue to receive coal ash until October 31, 2020. The second revision authorizes a “Participating State Director” or EPA, in lieu of a professional engineer, to approve suspension of groundwater monitoring and to issue certifications related to the location restrictions, design criteria, groundwater monitoring, remedy selection and implementation. The revisions also modify groundwater protection standards for certain constituents, which include cobalt, molybdenum, lithium, and lead without a maximum contamination level. EPA intends to issue multiple proposed rulemakings with a final rule in December 2019 that will include the following: (1) deadlines for unlined surface impoundments to cease receiving waste; (2) a “Phase Two” rule to address amendments to the national minimum criteria; and (3) rulemaking for alternative demonstration for unlined surface impoundments with a request for comment on inclusion of legacy units. On July 30, 2019, EPA released a proposed “Phase Two” rule and indicated they will provide a 60-day public comment period. PNM cannot predict the outcome of the EPA’s rule making activity or the outcome of any related litigation, and whether or how such a ruling would affect operations at Four Corners.

The CCR rule does not cover mine placement of coal ash. OSM is expected to publish a proposed rule covering mine placement in the future and will likely be influenced by EPA’sAffordable Clean Energy rule and the determinationrevised proposed Carbon Pollution Standards rule is ongoing. The Affordable Clean Energy rule has been challenged by EPA that CCRs are non-hazardous. PNM cannot predict the outcomeseveral parties
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Table of OSM’s proposed rulemaking regarding CCR regulation, including mine placement of CCRs, or whether OSM’s actions will have a material impact on PNM’s operations, financial position, or cash flows. Based upon the requirements of the final rule, PNM conducted a CCR assessment at SJGS and made minor modifications at the plant to ensure that there are no facilities which would be considered impoundments or landfills under the rule. PNM would seek recovery from its ratepayers of all CCR costs for retail jurisdictional assets that are ultimately incurred. PNM does not expect the rule to have a material impact on operations, financial position, or cash flows.Contents

As indicated above, CCRs at Four Corners are currently disposed of in ash ponds and dry storage areas. The CCR rule requires ongoing, phased groundwater monitoring. Utilities that own or operate CCR disposal units, such as those at Four Corners were required to collect sufficient groundwater sampling data to initiate a detection monitoring program.  Four Corners completed the analysis for its CCR disposal units, which identified several units that will need corrective action or will need to cease operations and initiate closure by October 2020. At this time, PNM does not anticipate its share of the cost to complete these corrective actions or to close the CCR disposal units at Four Corners will have a significant impact on its operations, financial position, or cash flows.
Other Commitments and Contingencies
Coal Supply
SJGS
The coal requirements for SJGS are supplied by SJCC. SJCC holds certain federal, state, and private coal leases. In addition to coal delivered to meet the current needs of SJGS, PNM has prepaid SJCC for certain coal mined but not yet delivered to the plant site. At June 30, 2019 and December 31, 2018, prepayments for coal, which are included in other current assets,

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and may be impacted by further litigation. PNM cannot predict the impact these standards may have on its operations or a range of the potential costs of compliance, if any.
amounted
National Ambient Air Quality Standards (“NAAQS”)

The CAA requires EPA to $26.3 million. Additional informationset NAAQS for pollutants reasonably anticipated to endanger public health or welfare. EPA has set NAAQS for certain pollutants, including NOx, SO2,ozone, and particulate matter. In 2010, EPA updated the primary NOx and SO2 NAAQS to include a 1-hour standard while retaining the annual standards for NOx and SO2 and the 24-hour SO2 standard. EPA also updated the final particulate matter standard in 2012 and updated the ozone standard in 2015.

NOx Standard – On April 18, 2018, EPA published the final rule to retain the current primary health-based NOx standards of which NO2 is the constituent of greatest concern and is the indicator for the primary NAAQS. EPA concluded that the current 1-hour and annual primary NO2 standards are requisite to protect public health with an adequate margin of safety. The rule became effective on May 18, 2018.

SO2 Standard – On May 13, 2014, EPA released the draft data requirements rule for the 1-hour SO2 NAAQS, which directs state and tribal air agencies to characterize current air quality in areas with large SO2 sources to identify maximum 1-hour SO2 concentrations. This characterization requires areas be designated as attainment, nonattainment, or unclassifiable for compliance with the 1-hour SO2 NAAQS. 

On August 11, 2015, EPA released the Data Requirements Rule for SO2, telling states how to model or monitor to determine attainment or nonattainment with the new 1-hour SO2 NAAQS.  On June 3, 2016, NMED notified PNM that air quality modeling results indicated that SJGS was in compliance with the standard. In January 2017, NMED submitted its formal modeling report regarding attainment status to EPA. The modeling indicated that no area in New Mexico exceeds the 1-hour SO2 standard. NMED submitted the first annual report for SJGS as required by the Data Requirements Rule in June 2018. That report recommended that no further modeling was warranted due to decreased SO2 emissions. NMED submitted the second annual modeling report to EPA in July 2019. That report retained the recommendation that no further modeling is needed at this time and is subject to EPA review.

On February 25, 2019, EPA announced its final decision to retain without changes the primary health-based NAAQS for SOx. Specifically, EPA will retain the current 1-hour standard for SO2, which is 75 parts per billion, based on the 3-year average of the 99th percentile of daily maximum 1-hour SO2 concentrations.  SO2 is the most prevalent SOx compound and is used as the indicator for the primary SOx NAAQS.

On May 14, 2015, PNM received an amendment to its NSR air permit for SJGS, which reflects the revised state implementation plan for regional haze BART and required the installation of SNCRs. The revised permit also required the reduction of SO2 emissions to 0.10 pound per MMBTU on SJGS Units 1 and 4 and the installation of BDT equipment modifications for the purpose of reducing fugitive emissions, including NOx, SO2, and particulate matter. These reductions help SJGS meet the NAAQS for these constituents. The BDT equipment modifications were installed at the same time as the SNCRs, in order to most efficiently and cost effectively conduct construction activities at SJGS. See a discussion of the regulatory treatment of BDT in Note 12.

Ozone Standard – On October 1, 2015, EPA finalized the new ozone NAAQS and lowered both the primary and secondary 8-hour standard from 75 to 70 parts per billion. With ozone standards becoming more stringent, fossil-fueled generation units will come under increasing pressure to reduce emissions of NOx and volatile organic compounds since these are the pollutants that form ground-level ozone.

On November 10, 2015, EPA proposed a rule revising its Exceptional Events Rule, which outlines the requirements for excluding air quality data (including ozone data) from regulatory decisions if the data is affected by events outside an area’s control. The proposed rule is important in light of the more stringent ozone NAAQS final rule since western states like New Mexico and Arizona are subject to elevated background ozone transport from natural local sources, such as wildfires and stratospheric inversions, and transported via winds from distant sources in other regions or countries. EPA finalized the rule on October 3, 2016 and released related guidance in 2018 and 2019 to help implement its new exceptional events policy.
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During 2017 and 2018, EPA released rules establishing area designations for ozone. In those rules, San Juan County, New Mexico, where SJGS and Four Corners are located, is designated as attainment/unclassifiable and only a small area in Doña Ana County, New Mexico is designated as marginal non-attainment. The final rule also establishes the timing of attainment dates for each non-attainment area classification, which are marginal, moderate, serious, severe, or extreme. The rule became effective May 8, 2018. Attainment plans for nonattainment areas are due in August 2021.

NMED has responsibility for bringing the small area in Doña Ana County designated as marginal/non-attainment for ozone into compliance and will look at all sources of NOx and volatile organic compounds. On November 22, 2019, EPA issued findings that several states, including New Mexico, had failed to submit SIPs for the 8-hour ozone NAAQS. In response, in December 2019, NMED published the Public Review Draft of the New Mexico 2013 NAAQS Good Neighbor SIP that outlines the strategies and emissions control measures that are expected to improve air quality in the area by May 8, 2021. These strategies and measures would aim to reduce the amount of NOx and volatile organic compounds emitted to the atmosphere and will rely upon current or upcoming federal rules, new or revised state rules, and other programs. Comments or requests for a public hearing were required by January 21, 2020.

PNM does not believe there will be material impacts to its facilities as a result of NMED’s non-attainment designation of the small area within Doña Ana County. Until EPA approves attainment designations for the Navajo Nation and releases a proposal to implement the revised ozone NAAQS, PNM is unable to predict what impact the adoption of these standards may have on Four Corners.PNM cannot predict the outcome of this matter.

PM Standard – On January 30, 2020, EPA published in the Federal Register a notice announcing the availability of its final Policy Assessment for the Review of the National Ambient Air Quality Standards for Particulate Matter (the "Final PA"). The final assessment was prepared as part of the review of the primary and secondary PM NAAQS.In the assessment, EPA recommend lowering the primary annual PM2.5 standard to between 8 µg/m3 and 10 µg/m3. However, EPA signed a proposed rule on April 14, 2020 to retain the current standards for PM due to uncertainties in the data relied upon in the Final PA. Once the proposed rule is published in the Federal Register, EPA will accept comments for 60 days and anticipates issuing a final rulemaking in late 2020. PNM cannot predict the outcome of this matter or whether it will have a material impact on its financial position, results of operations, or cash flows.

Navajo Nation Environmental Issues
Four Corners is located on the Navajo Nation and is held under easements granted by the federal government, as well as agreements with the Navajo Nation which grant each of the owners the right to operate on the site. The Navajo Acts purport to give the Navajo Nation Environmental Protection Agency authority to promulgate regulations covering air quality, drinking water, and pesticide activities, including those activities that occur at Four Corners. In October 1995, the Four Corners participants filed a lawsuit in the District Court of the Navajo Nation challenging the applicability of the Navajo Acts to Four Corners. In May 2005, APS and the Navajo Nation signed an agreement resolving the dispute regarding the Navajo Nation’s authority to adopt operating permit regulations under the Navajo Nation Air Pollution Prevention and Control Act. As a result of this agreement, APS sought, and the court granted, dismissal of the pending litigation in the Navajo Nation Supreme Court and the Navajo Nation District Court, to the extent the claims relate to the CAA. The agreement does not address or resolve any dispute relating to other aspects of the Navajo Acts. PNM cannot currently predict the outcome of these matters or the range of their potential impacts.

Cooling Water Intake Structures
In 2014, EPA issued a rule establishing national standards for certain cooling water intake structures at existing power plants and other facilities under the Clean Water Act to protect fish and other aquatic organisms by minimizing impingement mortality (the capture of aquatic wildlife on intake structures or against screens) and entrainment mortality (the capture of fish or shellfish in water flow entering and passing through intake structures).
To minimize impingement mortality, the rule provides operators of facilities, such as SJGS and Four Corners, 7 options for meeting Best Technology Available (“BTA”) standards for reducing impingement. SJGS has a closed-cycle recirculating cooling system, which is a listed BTA and may also qualify for the “de minimis rate of impingement” based on the
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design of the intake structure. The permitting authority must establish the BTA for entrainment on a site-specific basis, taking into consideration an array of factors, including endangered species and social costs and benefits. Affected sources must submit source water baseline characterization data to the permitting authority to assist in the determination. Compliance deadlines under the rule are tied to permit renewal and will be subject to a schedule of compliance established by the permitting authority.
The rule is not clear as to how it applies and what the compliance timelines are for facilities like SJGS that have a cooling water intake structure and only a multi-sector general stormwater permit. However, EPA has indicated that it is contemplating a December 31, 2023 compliance deadline. PNM is working with EPA regarding this issue and does not expect material changes as a result of any requirements that may be imposed upon SJGS, particularly given the NMPRC's April 1, 2020 approval for PNM to retire its share of SJGS by June 2022.
On May 23, 2018, several environmental groups sued EPA Region IX in the U.S. Court of Appeals for the Ninth Circuit Court over EPA’s failure to timely reissue the Four Corners NPDES permit. The petitioners asked the court to issue a writ of mandamus compelling EPA Region IX to take final action on the pending NPDES permit by a reasonable date. EPA subsequently reissued the NPDES permit on June 12, 2018. The permit did not contain conditions related to the cooling water intake structure rule as EPA determined that the facility has achieved BTA for both impingement and entrainment by operating a closed-cycle recirculation system. On July 16, 2018, several environmental groups filed a petition for review with EPA’s Environmental Appeals Board concerning the coal supplyreissued permit. The environmental groups alleged that the permit was reissued in contravention of several requirements under the Clean Water Act and did not contain required provisions concerning certain revised effluent limitation guidelines, existing-source regulations governing cooling-water intake structures, and effluent limits for surface seepage and subsurface discharges from coal-ash disposal facilities. On December 19, 2018, EPA withdrew the Four Corners NPDES permit in order to examine issues raised by the environmental groups. Withdrawal of the permit moots the appeal pending before the Environmental Appeals Board. EPA’s Environmental Appeals Board thereafter dismissed the environmental groups’ appeal. EPA issued an updated NPDES permit on September 30, 2019. The permit has been stayed pending an appeal filed by several environmental groups on November 1, 2019 to EPA's Environmental Appeals Board. PNM cannot predict the outcome of this matter or whether it will have a material impact on PNM’s financial position, results of operations or cash flows.

Effluent Limitation Guidelines

On June 7, 2013, EPA published proposed revised wastewater effluent limitation guidelines establishing technology-based wastewater discharge limitations for fossil fuel-fired electric power plants.  EPA’s proposal offered numerous options that target metals and other pollutants in wastewater streams originating from fly ash and bottom ash handling activities, scrubber activities, and non-chemical metal cleaning waste operations.  All proposed alternatives establish a “zero discharge” effluent limit for all pollutants in fly ash transport water. Requirements governing bottom ash transport water differ depending on which alternative EPA ultimately chooses and could range from effluent limits based on Best Available Technology Economically Achievable to “zero discharge” effluent limits.

EPA signed the final Steam Electric Effluent Guidelines rule on September 30, 2015. The final rule, which became effective on January 4, 2016, phases in the new, more stringent requirements in the form of effluent limits for arsenic, mercury, selenium, and nitrogen for wastewater discharged from wet scrubber systems and zero discharge of pollutants in ash transport water that must be incorporated into plants’ NPDES permits. Each plant must comply between 2018 and 2023 depending on when it needs a new or revised NPDES permit.

The Effluent Limitations Guidelines rule was challenged in the U.S. Court of Appeals for the Fifth Circuit by numerous parties. On April 12, 2017, EPA signed a notice indicating its intent to reconsider portions of the rule, and on August 22, 2017, the Fifth Circuit issued an order severing the issues under reconsideration and holding the case in abeyance as to those issues. However, the court allowed challenges to other portions of the rule to proceed. On April 12, 2019, the Fifth Circuit granted those challenges and issued an opinion vacating several portions of the rule, specifically those related to legacy wastewater and leachate, for which the court deemed the standards selected by EPA arbitrary and capricious.

On September 18, 2017, EPA published a final rule for postponement of certain compliance dates. The rule postponed the earliest date on which compliance with the effluent limitation guidelines for these waste streams would be required from
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November 1, 2018 until November 1, 2020. Although the new deadlines were challenged in court, the Fifth Circuit rejected those challenges on August 28, 2019. On November 22, 2019, EPA published a proposed rule revising the original Effluent Limitation Guidelines while maintaining the compliance dates. Comments were due January 21, 2020.

Because SJGS is containedzero discharge for wastewater and is not required to hold a NPDES permit, it is expected that minimal to no requirements will be imposed. Reeves Station, a PNM-owned gas-fired generating station, discharges cooling tower blowdown to a publicly owned treatment plant and holds an NPDES permit. It is expected that minimal to no requirements will be imposed at Reeves Station.

EPA reissued an NPDES permit for Four Corners on June 12, 2018. Since that time, the NPDES permit at Four Corners has been subject to various challenges by environmental groups. See Cooling Water Intake Structures above for additional discussion of Four Corners' current NPDES permit. Four Corners may be required to change equipment and operating practices affecting boilers and ash handling systems, as well as change its waste disposal techniques during the next NPDES permit renewal in Note 162023. PNM is unable to predict the outcome of these matters or a range of the Notespotential costs of compliance.

Santa Fe Generating Station
PNM and NMED are parties to Consolidated Financial Statementsagreements under which PNM has installed a remediation system to treat water from a City of Santa Fe municipal supply well and an extraction well to address gasoline contamination in the 2018 Annual Reports on Form 10-K.
In conjunction withgroundwater at the activities undertaken to comply withsite of PNM’s former Santa Fe Generating Station and service center. A 2008 NMED site inspection report states that neither the CAA for SJGS,source nor extent of contamination at the site has been determined and that the source may not be the former Santa Fe Generating Station. During 2013 and 2014, PNM and NMED collected additional samples that showed elevated concentrations of nitrate and volatile organic compounds in some of the other ownersmonitoring wells at the site. In addition, one monitoring well contained free-phase hydrocarbon products. PNM collected a sample of SJGS evaluated alternativesthe product for “fingerprint” analysis. The results of this analysis indicated the supplyproduct was a mixture of coal to SJGS. On July 1,older and newer fuels. The presence of newer fuels in the sample suggests the hydrocarbon product likely originated from off-site sources. In December 2015, PNM and WestmorelandNMED entered into a new coal supply agreement (the “SJGS CSA”), pursuantmemorandum of understanding to address changing groundwater conditions at the site under which Westmoreland, through its indirect wholly-owned subsidiary SJCC,PNM agreed to supply allcontinue hydrocarbon investigation under the supervision of NMED. Qualified costs are eligible for payment through the New Mexico Corrective Action Fund (“CAF”), which is administered by the NMED Petroleum Storage Tank Bureau. In March 2019, PNM received notice from NMED that an abatement plan for the site is required to address concentrations of previously identified compounds, unrelated to those discussed above, found in the groundwater. NMED approved PNM’s abatement plan proposal, which covers field work and reporting.

Field work related to the investigation under both the CAF and abatement plan requirements was completed in October 2019. Activities and findings associated with the field work will be presented in two separate reports, which were released to stakeholders in early 2020. The reports’ conclusions support PNM’s contention that off-site sources have impacted, and are continuing to impact, the local groundwater in the vicinity of the coal requirementsformer Santa Fe Generating Station.

The City of SJGS through June 30, 2022.Santa Fe has stopped operating its well at the site, which is needed for PNM’s groundwater remediation system to operate. As a result, PNM has stopped performing remediation activities at the site. However, PNM’s monitoring and Westmoreland also entered into agreements under which CCR disposalother abatement activities at the site are ongoing and mine reclamation services for SJGS would be provided. As discussed in Note 6, withwill continue until the closinggroundwater meets applicable federal and state standards or until the NMED determines remediation is not required, whichever is earlier. PNM is not able to assess the duration of this project or estimate the sale of the assets of SJCC on March 15, 2019, WSJ LLC assumed the rights and obligations of SJCC under the SJGS CSA and the agreements for CCR disposal and mine reclamation services. Pricing under the SJGS CSA is primarily fixed, with adjustments to reflect changes in general inflation. The pricing structure takes into account that WSJ LLC has been paid for coal mined but not delivered.

PNM had the option to extend the SJGS CSA, subject to negotiation of the term of the extension and compensation to the miner. In 2018, PNM, Los Alamos, UAMPS, and Tucson provided notice of their intent to exit SJGS in 2022 and Farmington gave notice that it wishes to continue SJGS operations and to extend the terms of both agreements. On November 30, 2018, PNM provided notice to Westmoreland that PNM does not intend to extend the term of the SJGS CSA or to negotiate a new coal supply agreement for SJGS, which will result in the current agreement expiringimpact on its own terms on June 30, 2022. See additional discussion above of PNM’s December 2018 Compliance Filing above and its SJGS Abandonment Application in Note 12.

In connection with certain mining permits relating to the operation of the San Juan mine, SJCC wasobligations if PNM is required to post reclamation bondsresume groundwater remediation activities at the site. PNM is unable to predict the outcome of $118.7 million with the NMMMD. In order to facilitate the posting of reclamation bonds by sureties on behalf of SJCC, PNMR entered into letter of credit arrangements with a bank under which letters of credit aggregating $30.3 million have been issued. As discussed in Note 6, on March 15, 2019, the assets owned by SJCC were sold to WSJ LLC, a subsidiary of Westmoreland Mining Holdings, LLC. Under the sale agreement, WSJ LLC assumed the rights and obligations of SJCC, including obligations to PNMR under the outstanding letters of credit.these matters.

Four Corners

Four Corners Federal Agency Lawsuit – On April 20, 2016, several environmental groups filed a lawsuit against OSM and other federal agencies in the U.S. District Court for the District of Arizona in connection with their issuance of the approvals that extended the life of Four Corners and the adjacent mine. The lawsuit alleges that these federal agencies violated both the ESA and NEPA in providing the federal approvals necessary to extend operations at Four Corners and the adjacent mine past July 6, 2016.  The court granted an APS motion to intervene in the litigation. NTEC, the current owner of the mine providing coal to Four Corners, filed a motion to intervene for the limited purpose of seeking dismissal of the lawsuit based on NTEC’s tribal sovereign immunity. The court granted NTEC’s motion and dismissed the case with prejudice, terminating the proceedings. In November 2017, the environmental group plaintiffs filed a Notice of Appeal of the dismissal in the U.S. Court of Appeals for the Ninth Circuit, and the court granted their subsequent motion to expedite the appeal. The Ninth Circuit issued a decision affirming the District Court’s dismissal of the case. In September 2019, the environmental groups filed a motion for reconsideration, which was denied in December 2019. On March 24, 2020, the environmental groups filed a petition for writ of certiorari in the U.S. Supreme Court seeking review of the Ninth Circuit's decision. PNM cannot predict the outcome of this matter.

Carbon Dioxide Emissions

On August 3, 2015, EPA established standards to limit CO2 emissions from power plants. EPA took three separate but related actions in which it: (1) established the Carbon Pollution Standards for new, modified, and reconstructed power plants; (2) established the Clean Power Plan to set standards for carbon emission reductions from existing power plants; and (3) released a proposed federal plan associated with the final Clean Power Plan. The Clean Power Plan was published on October 23, 2015.

Multiple states, utilities, and trade groups filed petitions for review in the DC Circuit to challenge both the Carbon Pollution Standards for new sources and the Clean Power Plan for existing sources. Numerous parties also simultaneously filed motions to stay the Clean Power Plan during the litigation. On January 21, 2016, the DC Circuit denied petitions to stay the Clean Power Plan, but 29 states and state agencies successfully petitioned the US Supreme Court for a stay, which was granted on February 9, 2016. The decision meant that the Clean Power Plan was not in effect and neither states nor sources were obliged to comply with its requirements. With the US Supreme Court stay in place, the DC Circuit heard oral arguments on the merits of the Clean Power Plan on September 27, 2016 in front of a ten judge en banc panel. However, before the DC Circuit could issue an opinion, the Trump Administration asked that the case be held in abeyance while the rule was being re-evaluated, which was granted. In addition, the DC Circuit issued a similar order in connection with a motion filed by EPA to hold cases challenging the NSPS in abeyance. On September 17, 2019, the DC Circuit issued an order that granted motions by various petitioners, including industry groups and EPA, to dismiss cases challenging the Clean Power Plan as moot due to EPA's issuance of the Affordable Clean Energy rule, which repealed the Clean Power Plan.

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On March 28, 2017, President Trump issued an Executive Order on Energy Independence. The order put forth two general policies: promote clean and safe development of energy resources, while avoiding regulatory burdens, and ensure electricity is affordable, reliable, safe, secure, and clean.  The order directed the EPA Administrator to review and, if appropriate and consistent with law, suspend, revise, or rescind (1) the Clean Power Plan, (2) the New Source Performance Standards (“NSPS”) for GHG from new, reconstructed, or modified electric generating units, (3) the Proposed Clean Power Plan Model Trading Rules, and (4) the Legal Memorandum supporting the Clean Power Plan. In response to the Executive Order, EPA filed a petition with the DC Circuit requesting the cases challenging the Clean Power Plan be held in abeyance until after the conclusion of EPA’s review and any subsequent rulemaking, which was granted. In addition, the DC Circuit issued a similar order in connection with a motion filed by EPA to hold cases challenging the NSPS in abeyance. On September 17, 2019, the DC Circuit issued an order that granted motions by various petitioners, including industry groups and EPA, to dismiss the cases challenging the Clean Power Plan as moot due to EPA’s issuance of the Affordable Clean Energy rule.

EPA’s efforts to replace the Clean Power Plan with the Affordable Clean Energy rule began on October 10, 2017, when EPA issued a NOPR proposing to repeal the Clean Power Plan and filed its status report with the court requesting the case be held in abeyance until the completion of the rulemaking on the proposed repeal. The NOPR proposed a legal interpretation concluding that the Clean Power Plan exceeded EPA’s statutory authority. On August 31, 2018, EPA published a proposed rule, known as the Affordable Clean Energy rule, to replace the Clean Power Plan. On June 19, 2019, EPA released the final version of the Affordable Clean Energy rule. EPA takes three actions in the final rule: (1) repealing of the Clean Power Plan; (2) promulgating the Affordable Clean Energy rule; and (3) revising the implementing regulations for all emission guidelines issued under Clean Air Act Section 111(d), which, among other things, extends the deadline for state plans and the timing for EPA's approval process. The final rule is very similar to the August 2018 proposed rule. EPA set the Best System of Emissions Reduction (“BSER”) for existing coal-fired power plants as heat rate efficiency improvements based on a range of “candidate technologies” that can be applied inside the fence-line. Rather than setting a specific numerical standard of performance, EPA’s rule directs states to determine which of the candidate technologies to apply to each coal-fired unit and establish standards of performance based on the degree of emission reduction achievable based on the application of BSER. The final rule requires states to submit a plan to EPA by July 8, 2022 and then EPA has one year to approve the plan. If states do not submit a plan or their submitted plan is not acceptable, EPA will have two years to develop a federal plan. The Affordable Clean Energy rule is not expected to impact SJGS since EPA’s final approval of a state SIP would occur after PNM retires its share of SJGS in 2022.

Since the Navajo Nation does not have primacy over its air quality program, EPA would be the regulatory authority responsible for implementing the Affordable Clean Energy rule on the Navajo Nation. PNM is unable to predict the potential financial or operational impacts on Four Corners.

While corresponding NSR reform regulations were proposed as part of the proposed Affordable Clean Energy rule, the final rule did not include such reform measures. EPA has indicated that it plans to finalize the proposed NSR reform in 2020. Unrelated to the Affordable Clean Energy rule, EPA issued a proposed rule on August 1, 2019 to clarify one aspect of the pre-construction review process for evaluating whether the NSR permitting program would apply to a proposed project at an existing source of emissions. The proposed rule clarifies that both emissions increases and decreases resulting from a project are to be considered in determining whether the proposed project will result in an increase in air emissions.
On December 20, 2018, EPA published in the Federal Register a proposed rule that would revise the Carbon Pollution Standards rule published in October 2015 for new, reconstructed, or modified coal-fired EGUs. The proposed rule would revise the standards for new coal-fired EGUs based on the revised BSER as the most efficient demonstrated steam cycle (e.g., supercritical steam conditions for large units and subcritical steam conditions for small units), instead of partial carbon capture and sequestration. As a result, the proposed rule contains less stringent CO2 emission performance standards for new units. EPA has also proposed revisions to the standards for reconstructed and modified fossil-fueled power plants to align with the proposed standards for new units. EPA is not proposing any changes nor reopening the standards of performance for newly constructed or reconstructed stationary combustion turbines. A final rule is expected in 2020.
PNM’s review of the GHG emission reductions standards under the Affordable Clean Energy rule and the revised proposed Carbon Pollution Standards rule is ongoing. The Affordable Clean Energy rule has been challenged by several parties
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and may be impacted by further litigation. PNM cannot predict the impact these standards may have on its operations or a range of the potential costs of compliance, if any.

National Ambient Air Quality Standards (“NAAQS”)

The CAA requires EPA to set NAAQS for pollutants reasonably anticipated to endanger public health or welfare. EPA has set NAAQS for certain pollutants, including NOx, SO2,ozone, and particulate matter. In 2010, EPA updated the primary NOx and SO2 NAAQS to include a 1-hour standard while retaining the annual standards for NOx and SO2 and the 24-hour SO2 standard. EPA also updated the final particulate matter standard in 2012 and updated the ozone standard in 2015.

NOx Standard – On April 18, 2018, EPA published the final rule to retain the current primary health-based NOx standards of which NO2 is the constituent of greatest concern and is the indicator for the primary NAAQS. EPA concluded that the current 1-hour and annual primary NO2 standards are requisite to protect public health with an adequate margin of safety. The rule became effective on May 18, 2018.

SO2 Standard – On May 13, 2014, EPA released the draft data requirements rule for the 1-hour SO2 NAAQS, which directs state and tribal air agencies to characterize current air quality in areas with large SO2 sources to identify maximum 1-hour SO2 concentrations. This characterization requires areas be designated as attainment, nonattainment, or unclassifiable for compliance with the 1-hour SO2 NAAQS. 

On August 11, 2015, EPA released the Data Requirements Rule for SO2, telling states how to model or monitor to determine attainment or nonattainment with the new 1-hour SO2 NAAQS.  On June 3, 2016, NMED notified PNM that air quality modeling results indicated that SJGS was in compliance with the standard. In January 2017, NMED submitted its formal modeling report regarding attainment status to EPA. The modeling indicated that no area in New Mexico exceeds the 1-hour SO2 standard. NMED submitted the first annual report for SJGS as required by the Data Requirements Rule in June 2018. That report recommended that no further modeling was warranted due to decreased SO2 emissions. NMED submitted the second annual modeling report to EPA in July 2019. That report retained the recommendation that no further modeling is needed at this time and is subject to EPA review.

On February 25, 2019, EPA announced its final decision to retain without changes the primary health-based NAAQS for SOx. Specifically, EPA will retain the current 1-hour standard for SO2, which is 75 parts per billion, based on the 3-year average of the 99th percentile of daily maximum 1-hour SO2 concentrations.  SO2 is the most prevalent SOx compound and is used as the indicator for the primary SOx NAAQS.

On May 14, 2015, PNM received an amendment to its NSR air permit for SJGS, which reflects the revised state implementation plan for regional haze BART and required the installation of SNCRs. The revised permit also required the reduction of SO2 emissions to 0.10 pound per MMBTU on SJGS Units 1 and 4 and the installation of BDT equipment modifications for the purpose of reducing fugitive emissions, including NOx, SO2, and particulate matter. These reductions help SJGS meet the NAAQS for these constituents. The BDT equipment modifications were installed at the same time as the SNCRs, in order to most efficiently and cost effectively conduct construction activities at SJGS. See a discussion of the regulatory treatment of BDT in Note 12.

Ozone Standard – On October 1, 2015, EPA finalized the new ozone NAAQS and lowered both the primary and secondary 8-hour standard from 75 to 70 parts per billion. With ozone standards becoming more stringent, fossil-fueled generation units will come under increasing pressure to reduce emissions of NOx and volatile organic compounds since these are the pollutants that form ground-level ozone.

On November 10, 2015, EPA proposed a rule revising its Exceptional Events Rule, which outlines the requirements for excluding air quality data (including ozone data) from regulatory decisions if the data is affected by events outside an area’s control. The proposed rule is important in light of the more stringent ozone NAAQS final rule since western states like New Mexico and Arizona are subject to elevated background ozone transport from natural local sources, such as wildfires and stratospheric inversions, and transported via winds from distant sources in other regions or countries. EPA finalized the rule on October 3, 2016 and released related guidance in 2018 and 2019 to help implement its new exceptional events policy.
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During 2017 and 2018, EPA released rules establishing area designations for ozone. In those rules, San Juan County, New Mexico, where SJGS and Four Corners are located, is designated as attainment/unclassifiable and only a small area in Doña Ana County, New Mexico is designated as marginal non-attainment. The final rule also establishes the timing of attainment dates for each non-attainment area classification, which are marginal, moderate, serious, severe, or extreme. The rule became effective May 8, 2018. Attainment plans for nonattainment areas are due in August 2021.

NMED has responsibility for bringing the small area in Doña Ana County designated as marginal/non-attainment for ozone into compliance and will look at all sources of NOx and volatile organic compounds. On November 22, 2019, EPA issued findings that several states, including New Mexico, had failed to submit SIPs for the 8-hour ozone NAAQS. In response, in December 2019, NMED published the Public Review Draft of the New Mexico 2013 NAAQS Good Neighbor SIP that outlines the strategies and emissions control measures that are expected to improve air quality in the area by May 8, 2021. These strategies and measures would aim to reduce the amount of NOx and volatile organic compounds emitted to the atmosphere and will rely upon current or upcoming federal rules, new or revised state rules, and other programs. Comments or requests for a public hearing were required by January 21, 2020.

PNM does not believe there will be material impacts to its facilities as a result of NMED’s non-attainment designation of the small area within Doña Ana County. Until EPA approves attainment designations for the Navajo Nation and releases a proposal to implement the revised ozone NAAQS, PNM is unable to predict what impact the adoption of these standards may have on Four Corners.PNM cannot predict the outcome of this matter.

PM Standard – On January 30, 2020, EPA published in the Federal Register a notice announcing the availability of its final Policy Assessment for the Review of the National Ambient Air Quality Standards for Particulate Matter (the "Final PA"). The final assessment was prepared as part of the review of the primary and secondary PM NAAQS.In the assessment, EPA recommend lowering the primary annual PM2.5 standard to between 8 µg/m3 and 10 µg/m3. However, EPA signed a proposed rule on April 14, 2020 to retain the current standards for PM due to uncertainties in the data relied upon in the Final PA. Once the proposed rule is published in the Federal Register, EPA will accept comments for 60 days and anticipates issuing a final rulemaking in late 2020. PNM cannot predict the outcome of this matter or whether it will have a material impact on its financial position, results of operations, or cash flows.

Navajo Nation Environmental Issues
Four Corners is located on the Navajo Nation and is held under easements granted by the federal government, as well as agreements with the Navajo Nation which grant each of the owners the right to operate on the site. The Navajo Acts purport to give the Navajo Nation Environmental Protection Agency authority to promulgate regulations covering air quality, drinking water, and pesticide activities, including those activities that occur at Four Corners. In October 1995, the Four Corners participants filed a lawsuit in the District Court of the Navajo Nation challenging the applicability of the Navajo Acts to Four Corners. In May 2005, APS and the Navajo Nation signed an agreement resolving the dispute regarding the Navajo Nation’s authority to adopt operating permit regulations under the Navajo Nation Air Pollution Prevention and Control Act. As a result of this agreement, APS sought, and the court granted, dismissal of the pending litigation in the Navajo Nation Supreme Court and the Navajo Nation District Court, to the extent the claims relate to the CAA. The agreement does not address or resolve any dispute relating to other aspects of the Navajo Acts. PNM cannot currently predict the outcome of these matters or the range of their potential impacts.

Cooling Water Intake Structures
In 2014, EPA issued a rule establishing national standards for certain cooling water intake structures at existing power plants and other facilities under the Clean Water Act to protect fish and other aquatic organisms by minimizing impingement mortality (the capture of aquatic wildlife on intake structures or against screens) and entrainment mortality (the capture of fish or shellfish in water flow entering and passing through intake structures).
To minimize impingement mortality, the rule provides operators of facilities, such as SJGS and Four Corners, 7 options for meeting Best Technology Available (“BTA”) standards for reducing impingement. SJGS has a closed-cycle recirculating cooling system, which is a listed BTA and may also qualify for the “de minimis rate of impingement” based on the
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design of the intake structure. The permitting authority must establish the BTA for entrainment on a site-specific basis, taking into consideration an array of factors, including endangered species and social costs and benefits. Affected sources must submit source water baseline characterization data to the permitting authority to assist in the determination. Compliance deadlines under the rule are tied to permit renewal and will be subject to a schedule of compliance established by the permitting authority.
The rule is not clear as to how it applies and what the compliance timelines are for facilities like SJGS that have a cooling water intake structure and only a multi-sector general stormwater permit. However, EPA has indicated that it is contemplating a December 31, 2023 compliance deadline. PNM is working with EPA regarding this issue and does not expect material changes as a result of any requirements that may be imposed upon SJGS, particularly given the NMPRC's April 1, 2020 approval for PNM to retire its share of SJGS by June 2022.
On May 23, 2018, several environmental groups sued EPA Region IX in the U.S. Court of Appeals for the Ninth Circuit Court over EPA’s failure to timely reissue the Four Corners NPDES permit. The petitioners asked the court to issue a writ of mandamus compelling EPA Region IX to take final action on the pending NPDES permit by a reasonable date. EPA subsequently reissued the NPDES permit on June 12, 2018. The permit did not contain conditions related to the cooling water intake structure rule as EPA determined that the facility has achieved BTA for both impingement and entrainment by operating a closed-cycle recirculation system. On July 16, 2018, several environmental groups filed a petition for review with EPA’s Environmental Appeals Board concerning the reissued permit. The environmental groups alleged that the permit was reissued in contravention of several requirements under the Clean Water Act and did not contain required provisions concerning certain revised effluent limitation guidelines, existing-source regulations governing cooling-water intake structures, and effluent limits for surface seepage and subsurface discharges from coal-ash disposal facilities. On December 19, 2018, EPA withdrew the Four Corners NPDES permit in order to examine issues raised by the environmental groups. Withdrawal of the permit moots the appeal pending before the Environmental Appeals Board. EPA’s Environmental Appeals Board thereafter dismissed the environmental groups’ appeal. EPA issued an updated NPDES permit on September 30, 2019. The permit has been stayed pending an appeal filed by several environmental groups on November 1, 2019 to EPA's Environmental Appeals Board. PNM cannot predict the outcome of this matter or whether it will have a material impact on PNM’s financial position, results of operations or cash flows.

Effluent Limitation Guidelines

On June 7, 2013, EPA published proposed revised wastewater effluent limitation guidelines establishing technology-based wastewater discharge limitations for fossil fuel-fired electric power plants.  EPA’s proposal offered numerous options that target metals and other pollutants in wastewater streams originating from fly ash and bottom ash handling activities, scrubber activities, and non-chemical metal cleaning waste operations.  All proposed alternatives establish a “zero discharge” effluent limit for all pollutants in fly ash transport water. Requirements governing bottom ash transport water differ depending on which alternative EPA ultimately chooses and could range from effluent limits based on Best Available Technology Economically Achievable to “zero discharge” effluent limits.

EPA signed the final Steam Electric Effluent Guidelines rule on September 30, 2015. The final rule, which became effective on January 4, 2016, phases in the new, more stringent requirements in the form of effluent limits for arsenic, mercury, selenium, and nitrogen for wastewater discharged from wet scrubber systems and zero discharge of pollutants in ash transport water that must be incorporated into plants’ NPDES permits. Each plant must comply between 2018 and 2023 depending on when it needs a new or revised NPDES permit.

The Effluent Limitations Guidelines rule was challenged in the U.S. Court of Appeals for the Fifth Circuit by numerous parties. On April 12, 2017, EPA signed a notice indicating its intent to reconsider portions of the rule, and on August 22, 2017, the Fifth Circuit issued an order severing the issues under reconsideration and holding the case in abeyance as to those issues. However, the court allowed challenges to other portions of the rule to proceed. On April 12, 2019, the Fifth Circuit granted those challenges and issued an opinion vacating several portions of the rule, specifically those related to legacy wastewater and leachate, for which the court deemed the standards selected by EPA arbitrary and capricious.

On September 18, 2017, EPA published a final rule for postponement of certain compliance dates. The rule postponed the earliest date on which compliance with the effluent limitation guidelines for these waste streams would be required from
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November 1, 2018 until November 1, 2020. Although the new deadlines were challenged in court, the Fifth Circuit rejected those challenges on August 28, 2019. On November 22, 2019, EPA published a proposed rule revising the original Effluent Limitation Guidelines while maintaining the compliance dates. Comments were due January 21, 2020.

Because SJGS is zero discharge for wastewater and is not required to hold a NPDES permit, it is expected that minimal to no requirements will be imposed. Reeves Station, a PNM-owned gas-fired generating station, discharges cooling tower blowdown to a publicly owned treatment plant and holds an NPDES permit. It is expected that minimal to no requirements will be imposed at Reeves Station.

EPA reissued an NPDES permit for Four Corners on June 12, 2018. Since that time, the NPDES permit at Four Corners has been subject to various challenges by environmental groups. See Cooling Water Intake Structures above for additional discussion of Four Corners' current NPDES permit. Four Corners may be required to change equipment and operating practices affecting boilers and ash handling systems, as well as change its waste disposal techniques during the next NPDES permit renewal in 2023. PNM is unable to predict the outcome of these matters or a range of the potential costs of compliance.

Santa Fe Generating Station
PNM and NMED are parties to agreements under which PNM has installed a remediation system to treat water from a City of Santa Fe municipal supply well and an extraction well to address gasoline contamination in the groundwater at the site of PNM’s former Santa Fe Generating Station and service center. A 2008 NMED site inspection report states that neither the source nor extent of contamination at the site has been determined and that the source may not be the former Santa Fe Generating Station. During 2013 and 2014, PNM and NMED collected additional samples that showed elevated concentrations of nitrate and volatile organic compounds in some of the monitoring wells at the site. In addition, one monitoring well contained free-phase hydrocarbon products. PNM collected a sample of the product for “fingerprint” analysis. The results of this analysis indicated the product was a mixture of older and newer fuels. The presence of newer fuels in the sample suggests the hydrocarbon product likely originated from off-site sources. In December 2015, PNM and NMED entered into a memorandum of understanding to address changing groundwater conditions at the site under which PNM agreed to continue hydrocarbon investigation under the supervision of NMED. Qualified costs are eligible for payment through the New Mexico Corrective Action Fund (“CAF”), which is administered by the NMED Petroleum Storage Tank Bureau. In March 2019, PNM received notice from NMED that an abatement plan for the site is required to address concentrations of previously identified compounds, unrelated to those discussed above, found in the groundwater. NMED approved PNM’s abatement plan proposal, which covers field work and reporting.

Field work related to the investigation under both the CAF and abatement plan requirements was completed in October 2019. Activities and findings associated with the field work will be presented in two separate reports, which were released to stakeholders in early 2020. The reports’ conclusions support PNM’s contention that off-site sources have impacted, and are continuing to impact, the local groundwater in the vicinity of the former Santa Fe Generating Station.

The City of Santa Fe has stopped operating its well at the site, which is needed for PNM’s groundwater remediation system to operate. As a result, PNM has stopped performing remediation activities at the site. However, PNM’s monitoring and other abatement activities at the site are ongoing and will continue until the groundwater meets applicable federal and state standards or until the NMED determines remediation is not required, whichever is earlier. PNM is not able to assess the duration of this project or estimate the impact on its obligations if PNM is required to resume groundwater remediation activities at the site. PNM is unable to predict the outcome of these matters.

Coal Combustion Residuals Waste Disposal

CCRs consisting of fly ash, bottom ash, and gypsum generated from coal combustion and emission control equipment at SJGS are currently disposed of in the surface mine pits adjacent to the plant. SJGS does not operate any CCR impoundments or landfills. The NMMMD currently regulates mine reclamation activities at the San Juan mine, including placement of CCRs in the surface mine pits, with federal oversight by the OSM. APS disposes of CCRs in ponds and dry storage areas at Four Corners.  Ash management at Four Corners is regulated by EPA and the New Mexico State Engineer’s Office.
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EPA’s final coal ash rule, which became effective on October 19, 2015, included a non-hazardous waste determination for coal ash. The rule was promulgated under Subtitle D of RCRA and sets minimum criteria for existing and new CCR landfills and surface impoundments. On December 16, 2016, the Water Infrastructure Improvements for the Nation Act (the “WIIN Act”) was signed into law to address critical water infrastructure needs in the U.S. and contains a number of provisions related to the CCR rules. Among other things, the WIIN Act allows, but does not require, states to develop and submit CCR permit programs for EPA approval, provides flexibility for states to incorporate EPA’s final rule for CCRs or develop other criteria that are at least as protective as EPA’s final rule, and requires EPA to approve state permit programs within 180 days of submission by the state. Because states are not required to implement their own CCR permit programs, EPA will implement the permit program in states that choose not to implement a program, subject to Congressional funding. Until permit programs are in effect, EPA has authority to directly enforce the CCR rule. For facilities located within the boundaries of Native American reservations, such as the Navajo Nation where Four Corners is located, EPA is required to develop a federal permit program regardless of appropriated funds. There is no timeline for establishing either state or federal permitting programs.

On July 30, 2018, EPA published a rule that constitutes “Phase One, Part One” of its ongoing reconsideration and revision of the April 17, 2015 coal ash rule. The final rule includes two types of revisions. The first revision extended the deadline to allow EGUs with unlined impoundments or that fail to meet the uppermost aquifer requirement to continue to receive coal ash until October 31, 2020. The rule also authorized a “Participating State Director” or EPA to approve suspension of groundwater monitoring and to issue certifications related to the location restrictions, design criteria, groundwater monitoring, remedy selection and implementation. The revisions also modify groundwater protection standards for certain constituents, which include cobalt, molybdenum, lithium, and lead without a maximum contamination level. EPA intends to issue multiple proposed rulemakings with a final rule expected in 2020 that will include the following: (1) deadlines for unlined surface impoundments to cease receiving waste; (2) a “Phase Two” rule to address amendments to the national minimum criteria; and (3) rulemaking for alternative demonstration for unlined surface impoundments with a request for comment on inclusion of legacy units. On August 14, 2019, the “Phase Two” proposed rule was published in the Federal Register with comments due on October 15, 2019. This rule proposes revisions to reporting and accessibility to public information, the definition of CCR piles, the definition of beneficial use, and the requirements for management of CCR piles. A final rule is expected in mid to late 2020. On November 4, 2019, EPA proposed a change to the CCR rule that, subject to EPA authorization for each facility, would allow facilities that have committed to cease burning coal in the near-term to qualify for alternative closure. CCR disposal units at such plants could continue operating even though they would otherwise have been subject to forced closure. On December 2, 2019, EPA published the proposed Part A CCR rule requiring a new date of August 31, 2020 for companies to initiate closure of unlined CCR impoundments and changing the classification of compacted soil-lined or clay-lined surface impoundments from “lined” to “unlined”. On February 20, 2020, EPA published a proposed rule establishing a federal permitting program for the handling of CCR within the boundaries of Native American reservations and in states without their own federally authorized state programs. Permits for units within the boundaries of Native American reservations would be due 18 months after the effective date of the rule. Comments are due on May 20, 2020. The final rule is expected in mid to late 2020. PNM cannot predict the outcome of EPA’s rule making activity or the outcome of any related litigation, and whether or how such a ruling would affect operations at Four Corners.

The CCR rule does not cover mine placement of coal ash. OSM is expected to publish a proposed rule covering mine placement in the future and will likely be influenced by EPA’s rule and the determination by EPA that CCRs are non-hazardous. PNM cannot predict the outcome of OSM’s proposed rulemaking regarding CCR regulation, including mine placement of CCRs, or whether OSM’s actions will have a material impact on PNM’s operations, financial position, or cash flows. Based upon the requirements of the final rule, PNM conducted a CCR assessment at SJGS and made minor modifications at the plant to ensure that there are no facilities that would be considered impoundments or landfills under the rule. PNM would seek recovery from its ratepayers of all CCR costs for retail jurisdictional assets that are ultimately incurred. PNM does not expect the rule to have a material impact on operations, financial position, or cash flows.

As indicated above, CCRs at Four Corners are currently disposed of in ash ponds and dry storage areas. The CCR rule requires ongoing, phased groundwater monitoring. Utilities that own or operate CCR disposal units, such as those at Four Corners were required to collect sufficient groundwater sampling data to initiate a detection monitoring program.  Four Corners completed the analysis for its CCR disposal units, which identified several units that will need corrective action or will need to cease operations and initiate closure by October 31, 2020 under current regulations. As part of this assessment, Four Corners
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will continue to gather additional groundwater data and perform remedial evaluations. At this time, PNM does not anticipate its share of the cost to complete these corrective actions, to close the CCR disposal units, or to gather and perform remedial evaluations on groundwater at Four Corners will have a significant impact on its operations, financial position, or cash flows.
Other Commitments and Contingencies
Coal Supply

SJGS
The coal requirements for SJGS are supplied by WSJ LLC. WSJ LLC holds certain federal, state, and private coal leases. In addition to coal delivered to meet the current needs of SJGS, PNM has prepaid the current San Juan mine owner and operator, WSJ LLC, for certain coal mined but not yet delivered to the plant site. At both March 31, 2020 and December 31, 2019, prepayments for coal, which are included in other current assets, amounted to $26.3 million. Additional information concerning the coal supply for SJGS is contained in Note 16 of the Notes to Consolidated Financial Statements in the 2019 Annual Reports on Form 10-K.
In conjunction with the activities undertaken to comply with the CAA for SJGS, PNM and the other owners of SJGS evaluated alternatives for the supply of coal to SJGS. On July 1, 2015, PNM and Westmoreland entered into a new coal supply agreement (the “SJGS CSA”), pursuant to which Westmoreland, through its indirectly wholly-owned subsidiary SJCC, agreed to supply all of the coal requirements of SJGS through June 30, 2022. PNM and Westmoreland also entered into agreements under which CCR disposal and mine reclamation services for SJGS would be provided. As discussed in Note 6, with the closing of the sale of the assets of SJCC on March 15, 2019, WSJ LLC assumed the rights and obligations of SJCC under the SJGS CSA and the agreements for CCR disposal and mine reclamation services. Pricing under the SJGS CSA is primarily fixed, with adjustments to reflect changes in general inflation. The pricing structure takes into account that WSJ LLC has been paid for coal mined but not delivered.

PNM had the option to extend the SJGS CSA, subject to negotiation of the term of the extension and compensation to the miner. In 2018, PNM, Los Alamos, UAMPS, and Tucson provided notice of their intent to exit SJGS in 2022 and Farmington gave notice that it wishes to continue SJGS operations and to extend the terms of both agreements. On November 30, 2018, PNM provided notice to Westmoreland that PNM does not intend to extend the term of the SJGS CSA or to negotiate a new coal supply agreement for SJGS, which will result in the current agreement expiring on its own terms on June 30, 2022. See additional discussion of PNM’s SJGS Abandonment Application in Note 12.

In connection with certain mining permits relating to the operation of the San Juan mine, the San Juan mine owner was required to post reclamation bonds of $118.7 million with the NMMMD. In order to facilitate the posting of reclamation bonds by sureties on behalf of the San Juan mine owner, PNMR entered into letter of credit arrangements with a bank under which letters of credit aggregating $30.3 million have been issued. As discussed in Note 6, on March 15, 2019, the assets owned by SJCC were sold to WSJ LLC, a subsidiary of Westmoreland Mining Holdings, LLC. Under the sale agreement, WSJ LLC assumed the rights and obligations of SJCC, including obligations to PNMR under the outstanding letters of credit.

Four Corners
APS purchases all of Four Corners’ coal requirements from NTEC, an entity owned by the Navajo Nation, under a coal supply contract (the “Four Corners CSA”) that expires in 2031. The coal comes from reserves located within the Navajo Nation. NTEC has contracted with Bisti Fuels Company, LLC, a subsidiary of The North American Coal Corporation, for management and operation of the mine. The contract provides for pricing adjustments over its term based on economic indices. PNM's share of the coal costs is being recovered through the FPPAC. See additional discussion of the Four Corners CSA in Note 17 of the Notes to Consolidated Financial Statements in the 20182019 Annual Reports on Form 10-K.

Coal Mine Reclamation

As indicated under Coal Combustion Residuals Waste Disposal above, SJGS currently disposes of CCRs in the surface mine pits adjacent to the plant and Four Corners disposes of CCRs in ponds and dry storage areas. As discussed in Note 16 of
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the Notes to Consolidated Financial Statements in the 20182019 Annual Reports on Form 10-K, in conjunction with the proposed shutdown of SJGS Units 2 and 3 to comply with the BART requirements of the CAA, the SJGS participants requested thatperiodic updates to the coal mine reclamation study forwere requested by the SJGS be updated periodically. The SJGS RA required PNMparticipants. These updates have generally increased PNM's share of the estimated cost of mine reclamation and have included adjustments to complete an update toreflect the reclamation cost estimate after the December 31, 2017 shutdown of SJGS Units 2 and 3. This3, the terms of the reclamation cost estimate was completed in October 2018services agreement with WSJ LLC, and assumed continuationchanges to reflect the requirements of mining operations through 2053. The 2018 study indicated a decrease in reclamation costs primarily driven by lower inflationary factors used to determine the estimated future cost of reclamation activities. PNM recorded its $2.5 million share of this decrease as of September 30, 2018 as regulatory disallowances and restructuring costs in the Condensed Consolidated Statements of Earnings.2015 San Juan mine permit plan.

In December 2018, PNM remeasured its liability for coal mine reclamation for the mine that serves SJGS to reflect that reclamation activities may occur beginning in 2022, rather than in 2053 as previously anticipated. This estimate resulted in an increase in overall reclamation costs of $39.2 million due to an increase in the amount of fill dirt required to remediate the mine areas and the timing of activities necessary to reclaim the mine that serves SJGS. This remeasurement increased PNM’s liability for coal mine reclamation as of December 31, 2018 by $39.2 millionThe increase includes costs for both the underground and surface mines that serve SJGS. PNM recovers

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from retail customers reclamation costs associated with the underground mine. However, the NMPRC has capped the amount that can be collected from retail customers for final reclamation of the surface mines at $100.0 million. As a result, PNM recorded $9.4 million of the increase in the liability at December 31, 2018 related to the underground mine in regulatory assets on the Condensed Consolidated Balance Sheets and recorded the remaining $29.8 million associated with the surface mine as regulatory disallowances and restructuringreceived recovery for such costs on the Condensed Consolidated Statements of Earnings.in its SJGS Abandonment Application. See Note 12. PNM’s estimate of the costs necessary to reclaim the mine that serves SJGS is subject to many assumptions, including the timing of reclamation, generally accepted practices at the time reclamation activities occur, and then current inflation and discount rates. In addition, PNM maycannot predict the ultimate cost to reclaim the mine that serves SJGS and would seek to recover all costs related to reclaiming the underground mine from its customers but could be exposed to additional loss if recovery for the cost of reclamation activities is not approved by the NMPRC in connection with the NMPRC approvals indicated above.related to surface mine reclamation.
An updatedA draft coal mine reclamation study for the mine that serves Four Corners was completedissued in July 2019. The updated study reflectsreflected operation of the mine through 2031, the term of the Four Corners CSA. TheIn June 2019, the draft study indicatesresulted in a net decrease in anticipatedPNM’s share of the coal mine reclamation costsobligation of $0.3 million, which was primarily driven by lower overhead costs which is offset by an increase driven by a reduction in the discount rate used by PNM to measure the liability. In September 2019, the study was finalized and included the same assumptions used in the draft study with limited modifications. PNM recordedupdated its liability using the final study and to reflect the appropriate discount rates, which had decreased since PNM’s prior measurement. These updates resulted in an increase to PNM’s share of the net decrease incoal mine reclamation obligation for the liabilitymine that serves Four Corners of $0.3$1.1 million as of Juneduring the three months ended September 30, 2019 and reflected the adjustment in cost of energy on the Condensed Consolidated Statements of Earnings.2019.
Based on the 2018most recent estimates and PNM’s ownership share of SJGS, PNM’s remaining payments as of June 30, 2019March 31, 2020 for mine reclamation, in future dollars, are estimated to be $94.4$91.6 million for the surface mines at both SJGS and Four Corners and $40.0$40.0 million for the underground mine at SJGS. At June 30, 2019March 31, 2020 and December 31, 2018,2019, liabilities, in current dollars, of $70.0$70.1 million and $70.1$70.3 million for surface mine reclamation and $24.3$25.8 million and $23.2$25.3 million for underground mine reclamation were recorded in other deferred credits.

Under the terms of the SJGS CSA, PNM and the other SJGS owners are obligated to compensate WSJ LLC for all reclamation costs associated with the supply of coal from the San Juan mine. The SJGS owners entered into a reclamation trust funds agreement to provide funding to compensate WSJ LLC for post-term reclamation obligations. As discussed in Note 16 of the Notes to the Consolidated Financial Statements in the 2019 Annual Reports on Form 10-K, as part of the restructuring of SJGS ownership the SJGS owners negotiated the terms of an amended agreement to fund post-term reclamation obligations under the CSA. The trust funds agreement requires each owner to enter into an individual trust agreement with a financial institution as trustee, create an irrevocable reclamation trust, and periodically deposit funds into the reclamation trust for the owner’s share of the mine reclamation obligation. Deposits, which are based on funding curves, must be made on an annual basis. As part of the restructuring of SJGS ownership discussed above, the SJGS participants agreed to adjusted interim trust funding levels. PNM funded $10.0$5.5 million in December 2018.2019. Based on PNM’s reclamation trust fund balance at June 30, 2019,March 31, 2020, the current funding curves indicate PNM’s required contributions to its reclamation trust fund would be $6.1 million in 2019, $10.2$10.0 million in 2020, and $10.9 million in 2021.2021, and $11.7 million in 2022.
Under the Four Corners CSA, which became effective on July 7, 2016, PNM is required to fund its ownership share of estimated final reclamation costs in thirteen annual installments beginning on August 1, 2016, into an irrevocable escrow account solely dedicated to the final reclamation cost of the surface mine at Four Corners. PNM contributed $2.3 million in 2018July 2019 and anticipates providing additional funding of $2.3$1.9 million in each of the years from 20192020 through 2023.2024.
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If future estimates increase the liability for surface mine reclamation, the excess would be expensed at that time. The impacts of changes in New Mexico state law as a result of the enactment of the ETA and regulatory determinations made by the NMPRC may also affect PNM’s financial position, results of operations, and cash flows. See additional discussion above regarding PNM’s December 2018 Compliance Filing and its SJGS Abandonment Application in Note 12. PNM is currently unable to determine the outcome of these matters or the range of possible impacts.

Continuous Highwall Mining Royalty Rate

In August 2013, the DOI Bureau of Land Management (“BLM”) issued a proposed rulemaking that would retroactively apply the surface mining royalty rate of 12.5% to continuous highwall mining (“CHM”).  Comments regarding the rulemaking were due on October 11, 2013 and PNM submitted comments in opposition to the proposed rule. There is no legal deadline for adoption of the final rule.


SJCC, as former owner and operator of San Juan mine, utilized the CHM technique from 2000 to 2003, and with the approval of the Farmington, New Mexico Field Office of BLM to reclassify the final highwall as underground reserves, applied the 8.0% underground mining royalty rate to coal mined

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using CHM and sold to SJGS.  In March 2001, SJCC learned that the DOI Minerals Management Service (“MMS”) disagreed with the application of the underground royalty rate to CHM.  In August 2006, SJCC and MMS entered into an agreement tolling the statute of limitations on any administrative action to recover unpaid royalties until BLM issued a final, non-appealable determination as to the proper rate for CHM-mined coal.  The proposed BLM rulemaking has the potential to terminate the tolling provision of the settlement agreement. Underpaid royalties of approximately $5$5 million for SJGS would become due if the proposed BLM rule is adopted as proposed.  PNM’s share of any amount that is ultimately paid would be approximately 46.3%, none of which would be passed through PNM’s FPPAC. PNM is unable to predict the outcome of this matter.


PVNGS Liability and Insurance Matters

Public liability for incidents at nuclear power plants is governed by the Price-Anderson Nuclear Industries Indemnity Act, which limits the liability of nuclear reactor owners to the amount of insurance available from both commercial sources and an industry-wide retrospective payment plan. In accordance with this act, the PVNGS participants are insured against public liability exposure for a nuclear incident up to $13.9$13.9 billion per occurrence. PVNGS maintains the maximum available nuclear liability insurance in the amount of $450$450 million,, which is provided by American Nuclear Insurers. The remaining $13.5$13.5 billion is provided through a mandatory industry-wide retrospective assessment program. If losses at any nuclear power plant covered by the program exceed the accumulated funds, PNM could be assessed retrospective premium adjustments. Based on PNM’s 10.2% interest in each of the three3 PVNGS units, PNM’s maximum potential retrospective premium assessment per incident for all three3 units is $41.6$42.1 million,, with a maximum annual payment limitation of $6.2$6.2 million,, to be adjusted periodically for inflation.


The PVNGS participants maintain insurance for damage to, and decontamination of, property at PVNGS in the aggregate amount of $2.8$2.8 billion,, a substantial portion of which must first be applied to stabilization and decontamination. These coverages are provided by Nuclear Electric Insurance Limited (“NEIL”). The primary policy offered by NEIL contains a sublimit of $2.25 billion for non-nuclear property damage. If NEIL’s losses in any policy year exceed accumulated funds, PNM is subject to retrospective premium adjustments of $5.4$5.4 million for each retrospective premium assessment declared by NEIL’s Board of Directors due to losses. The insurance coverages discussed in this and the previous paragraph are subject to certain policy conditions, sublimits, and exclusions.
Water Supply
Because of New Mexico’s arid climate and periodic drought conditions, there is concern in New Mexico about the use of water, including that used for power generation. Although PNM does not believe that its operations will be materially affected by drought conditions at this time, it cannot forecast long-term weather patterns. Public policy, local, state and federal regulations, and litigation regarding water could also impact PNM operations. To help mitigate these risks, PNM has secured permanent groundwater rights for the existing plants at Reeves Station, Rio Bravo, Afton, Luna, Lordsburg, and La Luz. Water availability is not an issue for these plants at this time. However, prolonged drought, ESA activities, and a federal lawsuit by
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the State of Texas (suing the State of New Mexico over water deliveries) could pose a threat of reduced water availability for these plants.
For SJGS and Four Corners, PNM and APS have negotiated an agreement with the more senior water rights holders (tribes, municipalities, and agricultural interests) in the San Juan basin to mutually share the impacts of water shortages with tribes and other water users in the San Juan basin. The agreement to share shortages in 2018 through 2021 has been endorsed by the parties and is being reviewed by the New Mexico Office of the State Engineer.2021.
In April 2010, APS signed an agreement on behalf of the PVNGS participants with five5 cities to provide cooling water essential to power production at PVNGS for 40 years.

PVNGS Water Supply Litigation
In 1986, an action commenced regarding the rights of APS and the other PVNGS participants to the use of groundwater and effluent at PVNGS. APS filed claims that dispute the court’s jurisdiction over PVNGS’ groundwater rights and their contractual rights to effluent relating to PVNGS and, alternatively, seek confirmation of those rights. In 1999, the Arizona Supreme Court issued a decision finding that certain groundwater rights may be available to the federal government and Native American tribes. In addition, the Arizona Supreme Court issued a decision in 2000 affirming the lower court’s criteria for resolving groundwater

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claims. Litigation on these issues has continued in the trial court. No trial dates have been set in these matters. PNM does not expect that this litigation will have a material impact on its results of operation, financial position, or cash flows.

San Juan River Adjudication
In 1975, the State of New Mexico filed an action in NM District Court to adjudicate all water rights in the San Juan River Stream System, including water used at Four Corners and SJGS. PNM was made a defendant in the litigation in 1976. In March 2009, then President Obama signed legislation confirming a 2005 settlement with the Navajo Nation. Under the terms of the settlement agreement, the Navajo Nation’s water rights would be settled and finally determined by entry by the court of two proposed adjudication decrees.  The court issued an order in August 2013 finding that no evidentiary hearing was warranted in the Navajo Nation proceeding and, on November 1, 2013, issued a Partial Final Judgment and Decree of the Water Rights of the Navajo Nation approving the proposed settlement with the Navajo Nation. A number of parties subsequently appealed to the New Mexico Court of Appeals. PNM entered its appearance in the appellate case and supported the settlement agreement in the NM District Court. On April 3, 2018, the New Mexico Court of Appeals issued an order affirming the decision of the NM District Court. Several parties filed motions requesting a rehearing with the New Mexico Court of Appeals seeking clarification of the order, which were denied. The State of New Mexico and various other appellants filed a writ of certiorari with the NM Supreme Court. The NM Supreme Court granted the State of New Mexico’s petition and denied the other parties’ requests. The issues regarding the Navajo Nation settlement have been briefed and are awaiting a decision by the NM Supreme Court. Adjudication of non-Indian water rights is ongoing.
PNM is participating in this proceeding since PNM’s water rights in the San Juan Basin may be affected by the rights recognized in the settlement agreement and adjudicated to the Navajo Nation, which comprise a significant portion of water available from sources on the San Juan River and in the San Juan Basin and which have priority in times of shortages. PNM is unable to predict the ultimate outcome of this matter or estimate the amount or range of potential loss and cannot determine the effect, if any, of any water rights adjudication on the present arrangements for water at SJGS and Four Corners. Final resolution of the case cannot be expected for several years. An agreement reached with the Navajo Nation in 1985, however, provides that if Four Corners loses a portion of its rights in the adjudication, the Navajo Nation will provide, for an agreed upon cost, sufficient water from its allocation to offset the loss.

Rights-of-Way Matter

On January 28, 2014, the County Commission of Bernalillo County, New Mexico passed an ordinance requiring utilities to enter into a use agreement and pay a yet-to-be-determined fee as a condition to installing, maintaining, and operating facilities on county rights-of-way. The fee is purported to compensate the county for costs of administering and maintaining the rights-of-way, as well as for capital improvements. After extensive challenges to the validity of the ordinance, the utilities filed a writ of certiorari with the NM Supreme Court, which was denied. The matter is proceeding in NM District Court. The utilities and Bernalillo County havehad reached a standstill agreement whereby the county willwould not take any enforcement action against the utilities pursuant to the ordinance during the
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pendency of thethen pending litigation, but not including any period for appeal of a judgment, or upon 30 days written notice by either the county or the utilities of their intention to terminate the agreement. Discussions are continuing butAfter court-ordered settlement discussions, PNM and Bernalillo County executed a franchise fee agreement with a term of 15 years. Under the matter remains unresolved. If the challengesagreement, PNM will pay franchise fees to the ordinance are unsuccessful,county at an amount similar to those paid by PNM believes any fees paid pursuant toin other jurisdictions. PNM will recover the ordinance would be consideredcost of the franchise fees and would be recoverable from customers.as a direct pass-through to customers located in Bernalillo County. The agreement is subject to approval by the New Mexico Second District Court in Bernalillo County. PNM is unable tocannot predict the outcome of this matter or its impact on PNM’s operations.matter.

Navajo Nation Allottee Matters

In September 2012, 43 landowners filed a notice of appeal with the Bureau of Indian Affairs (“BIA”) appealing a March 2011 decision of the BIA Regional Director regarding renewal of a right-of-way for a PNM transmission line. The landowners claim to be allottees, members of the Navajo Nation, who pursuant to the Dawes Act of 1887, were allotted ownership in land carved out of the Navajo Nation and allege that PNM is a rights-of-way grantee with rights-of-way across the allotted lands and are either in trespass or have paid insufficient fees for the grant of rights-of-way or both.  The allottees generally allege that they were not paid fair market value for the right-of-way, that they were denied the opportunity to make a showing as to their view of fair market value, and thus denied due process. The allottees filed a motion to dismiss their appeal with prejudice, which was granted in April 2014. Subsequent to the dismissal, PNM received a letter from counsel on behalf of what appears to be a subset of the 43 landowner allottees involved in the appeal, notifying PNM that the specified allottees were revoking their consents for

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renewal of right of way on six specific allotments.  On January 22, 2015, PNM received a letter from the BIA Regional Director identifying ten10 allotments with rights-of-way renewals that were previously contested. The letter indicated that the renewals were not approved by the BIA because the previous consent obtained by PNM was later revoked, prior to BIA approval, by the majority owners of the allotments. It is the BIA Regional Director’s position that PNM must re-obtain consent from these landowners. On July 13, 2015, PNM filed a condemnation action in the NM District Court regarding the approximately 15.49 acres of land at issue. On September 18, 2015, the allottees filed a separate complaint against PNM for federal trespass. On December 1, 2015, the court ruled that PNM could not condemn two2 of the five5 allotments at issue based on the Navajo Nation’s fractional interest in the land. PNM filed a motion for reconsideration of this ruling, which was denied. On March 31, 2016, the Tenth Circuit granted PNM’s petition to appeal the December 1, 2015 ruling. Both matters have been consolidated. Oral argument before the Tenth Circuit was heard on January 17, 2017. On May 26, 2017, the Tenth Circuit affirmed the district court. On July 8, 2017, PNM filed a Motion for Reconsideration en banc with the Tenth Circuit, which was denied. The NM District Court stayed the case based on the Navajo Nation’s acquisition of interests in two2 additional allotments and the unresolved ownership of the fifth allotment due to the owner’s death. On November 20, 2017, PNM filed its petition for writ of certiorari with the US Supreme Court, which was denied. The underlying litigation continues in the NM District Court. On March 27, 2019, several individual allottees filed a motion for partial summary judgment on the issue of trespass. The Court held a hearing on the motion on June 18, 2019 and took the motion under advisement. Mediation on the matter is ongoing and parties are continuing to discuss a potential settlement. PNM cannot predict the outcome of these matters.


(12)Regulatory and Rate Matters
(12)   Regulatory and Rate Matters

The Company is involved in various regulatory matters, some of which contain contingencies that are subject to the same uncertainties as those described in Note 11. Additional information concerning regulatory and rate matters is contained in Note 17 of the Notes to Consolidated Financial Statements in the 20182019 Annual Reports on Form 10-K.
PNM

New Mexico General Rate Cases

New Mexico 2015 General Rate Case (“NM 2015 Rate Case”)

On August 27, 2015, PNM filed an application with the NMPRC for a general increase in retail electric rates. The application proposed a revenue increase of $123.5 million, including base non-fuel revenues of $121.7 million. PNM’s application was based on a FTY period beginning October 1, 2015million, and proposed a ROE of 10.5%. The primary drivers of PNM’s identified revenue deficiency were the cost of infrastructure investments, including depreciation expense based on an updated depreciation study, and a decline in energy sales as a result of PNM’s successful energy efficiency programs and other economic factors. The application included several proposed changes in rate design to establish fair and equitable pricing across rate classes and to better align cost recovery with cost causation and included a request for a revenue decoupling pilot program for residential and small commercial customers. PNM requested that the proposed new rates become effective beginning in July 2016. A public hearing on the proposed new rates was held in April 2016. Subsequent to this hearing, theThe NMPRC ordered PNM to file additional testimony regarding
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PNM’s interests in PVNGS, including the 64.1 MW of PVNGS Unit 2 that PNM repurchased in January 2016 pursuant to the terms of the initial sales-leaseback transactions (Note 13). After additional hearings, PNM and other parties were ordered to file supplemental briefs and to provide final recommended revenue requirements that incorporated fuel savings that PNM implemented effective January 1, 2016 from PNM’s SJGS CSA (Note 11).  PNM’s filing indicated that recovery for fuel related costs would be reduced by approximately $42.9 million reflecting the current SJGS CSA, which also reduced the request for base non-fuel related revenues by $0.2 million to $121.5 million.transactions.

In August 2016, the Hearing Examiner in the case issued a recommended decision (the “August 2016 RD”).  The August 2016 RD, among other things, recommended that the NMPRC find PNM was imprudent in the actions taken to purchase the previously leased 64.1 MW of capacity in PVNGS Unit 2, extending the leases for 114.6 MW of capacity of PVNGS Units 1 and 2, and installing the BDT equipment on SJGS Units 1 and 4. As a result, the August 2016 RD recommended the NMPRC disallow recovery of the entire $163.3 million purchase price for the January 15, 2016 purchases of the assets underlying three3 leases aggregating 64.1 MW of PVNGS Unit 2, the undepreciated capital improvements made during the period the 64.1 MW of purchased capacity was leased, rent expense aggregating $18.1 million annually for leases aggregating 114.6 MW of capacity that were extended through January 2023 and 2024 (Note 13), and recovery of the costs of converting SJGS Units 1 and 4 to BDT.   

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On September 28, 2016, the NMPRC issued an order that authorized PNM to implement an increase in non-fuel rates of $61.2 million, effective for bills sent to customers after September 30, 2016. The order generally approved the August 2016 RD, but with certain significant modifications. The modifications to the August 2016 RD included:

Inclusion of the January 2016 purchase of the assets underlying three3 leases of capacity, aggregating 64.1 MW, of PVNGS Unit 2 at an initial rate base value of $83.7 million; and disallowance of the recovery of the undepreciated costs of capitalized improvements made during the period the 64.1 MW was being leased by PNM, which aggregated $43.8 million when the order was issued
Recovery of annual rent expenses associated with the 114.6 MW of capacity under the extended leases
Disallowance of the recovery of any future contributions for PVNGS decommissioning costs related to the 64.1 MW of capacity purchased in January 2016 and the 114.6 MW of capacity under the extended leases

On September 30, 2016, PNM filed a notice of appeal with the NM Supreme Court regarding the order in the NM 2015 Rate Case. Specifically, PNM appealed the NMPRC’s determination thethat PNM was imprudent in certain matters in the case, including the NMPRC’s disallowance of the full purchase price of the 64.1 MW of capacity in PVNGS Unit 2, the undepreciated costs of capitalized improvements made during the period the 64.1 MW of capacity was leased by PNM, the cost of converting SJGS Units 1 and 4 to BDT, and future contributions for PVNGS decommissioning attributable to the 64.1 MW of purchased capacity and the 114.6 MW of capacity under the extended leases. NEE, NMIEC,NM AREA, and ABCWUA filed notices of cross-appeal to PNM’s appeal. The issues appealed by the various cross-appellants included, among other things, the NMPRC allowing PNM to recover any of the costs of the lease extensions for the 114.6 MW of PVNGS Units 1 and 2 and the purchase price for the 64.1 MW in PVNGS Unit 2, the costs incurred under the Four Corners CSA, and the inclusion of the “prepaid pension asset” in rate base.

During the pendency of the appeal, PNM evaluated the consequences of the order in the NM 2015 Rate Case and the related appeals to the NM Supreme Court as required under GAAP. These evaluations indicated that it was reasonably possible that PNM would be successful on the issues it was appealing but would not be provided capital costs recovery until the NMPRC acted on a decision of the NM Supreme Court. PNM also evaluated the accounting consequences of the issues being appealed by the cross-appellants and concluded that the issues raised in the cross-appeals did not have substantial merit.

In accordance with GAAP, PNM periodically updated its estimate of the amount of time necessary for the NM Supreme Court to render a decision and for the NMPRC to take action on any remanded issues. As a result of thesethose evaluations, through March 31, 2019, PNM had recorded accumulated pre-tax impairments of its capital investments subject to the appeal in the amount of $19.7 million, which includes pre-tax losses of $1.3 million recorded during the three months ended March 31, 2019 and $1.8 million recorded during the six months ended June 30, 2018.million.

On May 16, 2019, the NM Supreme Court issued its decision on the matters that had been appealed in the NM 2015 Rate Case. The NM Supreme Court rejected the matters appealed by the cross-appellants and affirmed the NMPRC’s disallowance of a portion of the purchase price of the 64.1 MW of capacity in PVNGS Unit 2; the undepreciated costs of capital improvements made during the time that the 64.1 MW capacity was leased by PNM; and the costs to install BDT at SJGS Units 1 and 4. The NM Supreme Court’s decisionCourt also ruled that the NMPRC’s decision to permanently disallow recovery of future decommissioning costs related to the 64.1 MW of PVNGS Unit 2 and the 114.6 MW of PVNGS Units 1 and 2 deprived PNM of its rights to due process of law and remanded the case to the NMPRC for further proceedings consistent with the Court’s findings. On July 17, 2019, the NMPRC heard oral argument from parties in the case on how to best proceed with the NM Supreme Court’s remand. At oral argument, parties presented various positions ranging from re-litigating the valuecourt’s
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Table of PVNGS resources determined by the NMPRC and affirmed by the NM Supreme Court to re-affirming the NMPRC’s final order with a single modification to address recovery of future PVNGS decommissioning costs in a future case. PNM is unable to predict the outcome of this matter.Contents

As a result of the NM Supreme Court’s ruling, PNM recorded a pre-tax impairment of $149.3 million as of June 30, 2019 which is reflected as regulatory disallowances and restructuring costs in the Condensed Consolidated Statements of Earnings. The impairment reflects capital costs not previously impaired during the pendency of the appeal and includes $72.6 million for a portion of the purchase price for 64.1 MW in PVNGS Unit 2, $39.3 million of undepreciated capitalized improvements made during the period the 64.1 MW was being leased by PNM, and $37.4 million for BDT on SJGS Units 1 and 4. The impairment was offset by tax impacts of $45.7 million, which are reflected as income taxes on the Condensed Consolidated Statements of Earnings.

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findings. On January 8, 2020, the NMPRC issued its order on remand, which reaffirmed its September 2016 order except for the decision to permanently disallow recovery of certain future decommissioning costs related to PVNGS Units 1 and 2. The NMPRC indicated that PNM’s ability to recover these costs will be addressed in a future proceeding and closed the NM 2015 Rate Case docket.

As a result of the NM Supreme Court’s ruling, as of June 30, 2019, PNM recorded pre-tax impairments of $150.6 million, which included $1.3 million recorded in the three months ended March 31, 2019, and is reflected as regulatory disallowances and restructuring costs on the Condensed Consolidated Statements of Earnings. The impairment includes $73.2 million for a portion of the purchase price for 64.1 MW in PVNGS Unit 2, $39.7 million of undepreciated capitalized improvements made during the period the 64.1 MW was being leased by PNM, and $37.7 million for BDT on SJGS Units 1 and 4. The impairment was offset by tax impacts of $45.7 million.

New Mexico 2016 General Rate Case (“NM 2016 Rate Case”)

On December 7, 2016, PNM filed an application with the NMPRC for a general increase in retail electric rates. PNM did not include any of the costs disallowed in the NM 2015 Rate Case that were at issue in its then pending appeal to the NM Supreme Court. PNM’s original application used a FTY beginning January 1, 2018 and requested an increase in base non-fuel revenues of $99.2 million based on ana ROE of 10.125%. The primary drivers of PNM’s revenue deficiency included implementation of modifications to PNM’s resource portfolio, which were approved by the NMPRC in December 2015 as part of the SJGS regional haze compliance plan, infrastructure investments, including environmental upgrades at Four Corners, declines in forecasted energy sales due to successful energy efficiency programs and other economic factors, and updates to FERC/retail jurisdictional allocations.

After extensive settlement negotiations and public proceedings, the NMPRC issued a Revised Order Partially Adopting Certification of Stipulation dated January 10, 2018 (the “Revised Order”). The key terms of the Revised Order include:

An increase in base non-fuel revenues totaling $10.3 million, which includes a reduction to reflect the impact of the decrease in the federal corporate income tax rate and updates to PNM’s cost of debt (aggregating an estimated $47.6 million annually)
A ROE of 9.575%
Returning to customers over a three-yearthree-year period the benefit of the reduction in the New Mexico corporate income tax rate to the extent attributable to PNM’s retail operations (Note 14)
Disallowing PNM’s ability to collect an equity return on certain investments aggregating $148.1 million at Four Corners, but allowing recovery with a debt-only return
An agreement to not implement non-fuel base rate changes, other than changes related to PNM’s rate riders, with an effective date prior to January 1, 2020
A requirement to consider the prudency of PNM’s decision to continue its participation in Four Corners in a future proceedingPNM's next general rate case filing

In accordance with the settlement agreement and the NMPRC’s final order, PNM implemented 50% of the approved increase for service rendered beginning February 1, 2018 and implemented the rest of the increase for service rendered beginning January 1, 2019.

Investigation/Rulemaking Concerning NMPRC Ratemaking Policies

On March 22, 2017, the NMPRC issued an order opening an investigation and rulemaking to simplify and increase “the transparency of NMPRC rate cases by reducing the number of issues litigated in rate cases,” and provide a “more level playing field among intervenors and NMPRC staff on the one hand, and the utilities on the other.” The order posed several questions related to establishing and monitoring utilities’ ROEs, the recoverability of regulatory assets, including rate case costs, and whether parties should have access to software used by utilities to support their positions. To date, no agreement has been reached. PNM cannot predict the outcome of this proceeding.

Renewable Portfolio Standard
As discussed in Note 16 of the Notes to Consolidated Financial Statements in the 2019 Annual Reports on Form 10-K, the ETA was enacted in June 2019. Prior to the enactment of the ETA, the REA established a mandatory RPS requiring a utility to acquire a renewable energy portfolio equal to 10% of retail electric sales by 2011, 15% by 2015, and 20% by 2020. As discussed in Note 11, the ETA was enacted on June 14, 2019. The ETA amends the REA and requires utilities operating in New Mexico to have renewable portfolios equal to 20% by 2020, 40% by 2025, 50% by 2030, 80% by 2040, and 100% zero-carbon energy by 2045. The ETA also removes diversity requirements and certain customer caps and exemptions relating to the application of the RPS under the REA.


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The REA provides for streamlined proceedings for approval of utilities’ renewable energy procurement plans, assures that utilities recover costs incurred consistent with approved procurement plans, and requires the NMPRC to establish a RCT for the procurement of renewable resources to prevent excessive costs being added to rates. The ETA sets a RCT of $60 per MWh using an average annual levelized resource cost basis. PNM makes renewable procurements consistent with the NMPRC approved

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plans. PNM recovers certain renewable procurement costs from customers through a rate rider. See Renewable Energy Rider below.

Included in PNM’s approved procurement plans are the following renewable energy resources:
157 MW of PNM-owned solar-PV facilities including 50 MW of PNM-owned solar-PV facilities approved by the NMPRC in PNM’s 2018 renewable energy procurement plan that are expected to be placed in commercial operation by the end of 2019
A PPA through 2044 for the output of New Mexico Wind, having a current aggregate capacity of 204 MW, and a PPA through 2035 for the output of Red Mesa Wind, having an aggregate capacity of 102 MW
A PPA through 2040 for 140 MW of output from La Joya Wind, which is expected to be operational by December 31, 2020
A PPA through 2042 for the output of the Lightning Dock Geothermal facility;facility with a current capacity of 15 MW
Solar distributed generation, aggregating 113.1133.0 MW at June 30, 2019,March 31, 2020, owned by customers or third parties from whom PNM purchases any net excess output and RECs
Solar and wind RECs as needed to meet the RPS requirements

On June 1, 2017, PNM filed its 2018 renewable energy procurement plan. PNM requested approval to procure an additional 80 GWh in 2019 and 105 GWh in 2020 from a re-powering of New Mexico Wind; approval to procure an additional 55 GWh in 2019 and 77 GWh in 2020 from a re-powering of Lightning Dock Geothermal; approval to procure 50 MW of new solar facilities to be constructed beginning in 2018, and continuation of customer REC purchase programs and other purchases of RECs to ensure annual compliance with the RPS. The plan also sought a variance from the “other” diversity category in 2018 due to a revised production forecast of the Lightning Dock Geothermal facility in 2018. A public hearing on the application was held in September 2017. On October 17, 2017, the Hearing Examiner issued a recommended decision that PNM’s 2018 renewable energy procurement plan be approved by the NMPRC, except for the re-powering of Lightning Dock Geothermal and PNM’s request to procure 50 MW of new solar facilities. PNM filed exceptions contesting the Hearing Examiner’s proposals. On November 15, 2017, the NMPRC issued an order approving PNM’s plan and rejecting the Hearing Examiner’s recommendations. On November 29, 2017, NMIEC filed an appeal with the NM Supreme Court objecting to the fuel allocation methodology and requested a partial stay of the NMPRC order, which was denied. NEE subsequently filed a motion to intervene and cross-appeal objecting to the approval of the 50 MW of new solar facilities. On July 5, 2019, the NM Supreme Court approved a motion filed by NMIEC to dismiss its appeal. NEE’s cross-appeal remains open. PNM cannot predict the outcome of this matter.

On June 1, 2018, PNM filed its 2019 renewable energy procurement plan. The plan met RPS and diversity requirements for 2019 and 2020 using resources already approved by the NMPRC and did not propose any significant new procurements. PNM projects that the plan will be within the RCT in 2019 and will slightly exceed the current RCT in 2020. The NMPRC approved PNM’s 2019 renewable energy procurement plan on November 28, 2018.

On June 3, 2019, PNM filed its 2020 renewable energy procurement plan. The plan requests approval of a 20-year PPA to purchase 140 MW of renewable energy and RECs from the La Joya Wind Facility (“La Joya Wind”), which is expected to be operational by December 31, 2020. PNM intends to utilize the BB2 line to deliver power from the PPA. See additional discussion below under Application For a New 345 kV Transmission Line. As discussed above, the ETA removes certain customer caps and exemptions relating to the application of the RPS under the REA. PNM’s 2020 renewable energy procurement plan requests a variance from the RPS for 2020 and proposes the shortfall be met with excess RECs that will be available under the La Joya Wind PPA in 2021. PNM also submitted proposed adjustments to the current FPPAC methodology for non-renewable fuel allocations to reflect the ETA’s removal of certain customer cost caps associated with the RPS and requested that the fuel clause year be reset to correspond to the January 1 reset date under the renewable energy rider. On July 17, 2019, PNM filed a corrected reconciliation of 2019 and estimated 2020 customer bill impacts that demonstrated the effect of removing certain customer caps and exemptions under the requirements of the newly enacted ETA. The Hearing Examiner issued a response requiring PNM to address why its application should not be dismissed, or alternatively, proposing an extended procedural schedule. PNM’s response proposed the application not be dismissed, that a corrected public notice be issued, and that the procedural schedule be extended by 60 days. On July 30 2019, the Hearing Examiner issued a revised procedural order that extended the review period through January 29, 2019 and set hearings to begin on October 24, 2019. PNM cannot predict the outcome of this matter.
Renewable Energy Rider

The NMPRC has authorized PNM to recover certain renewable procurement costs through a rate rider billed on a per KWh

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basis. In its 2019 renewable energy procurement plan case, which was approved by the NMPRC on November 28, 2018, PNM proposed to collect $49.6 million for the year. The 2019 renewable energy procurement plan became effective on January 1, 2019. PNM recorded revenues from the rider of $12.8$15.1 million and $25.5$12.7 million in the three and six months ended June 30, 2019March 31, 2020 and $10.8 million and $21.7 million in the three and six months ended June 30, 2018.2019. In its 2020 renewable energy procurement plan case, PNM proposesproposed to collect $58.9 million forthrough a revised rate rider beginning in 2020. In addition, PNM proposed that its FPPAC be reset from a July 1 through June 30 fiscal year to a calendar year. The NMPRC approved PNM's 2020 renewable energy procurement plan on January 29, 2020. The revised rate rider became effective on February 1, 2020.
Under the renewable rider, if PNM’s earned rate of return on jurisdictional equity in a calendar year, adjusted for weather and other items not representative of normal operations, exceeds the NMPRC-approved rate by 0.5%, PNM is required to refund the excess to customers during May through December of the following year. PNM did not exceed such limitation in 2018.2019.

Energy Efficiency and Load Management

Petition forProgram Costs and Incentives/Disincentives

The New Mexico Efficient Use of Energy Efficiency Disincentive

PNM’s application in the NM 2016 Rate Case had requested a “lost contributionAct (“EUEA”) requires public utilities to fixed cost” mechanismachieve specified levels of energy savings and to address the disincentives associated with PNM’sobtain NMPRC approval to implement energy efficiency and load management programs. InThe EUEA requires the revised stipulationNMPRC to that case, PNM agreedremove utility disincentives to withdraw its proposalimplementing energy efficiency and load management programs and to provide incentives for such programs. The NMPRC has adopted a mechanismrule to implement this act. PNM’s costs to implement approved programs and to address energy efficiency disincentives inincentives are recovered through a future docket. On March 2, 2018, PNM filed a petition proposing a “lost contribution to fixed cost mechanism” with substantially the same terms as those proposed in the NM 2016 Rate Case application.rate rider. During the 2019 New Mexico legislative session, the Efficient Use of Energy ActEUEA was amended to, among other things, include a decoupling mechanism for disincentives, preclude a reduction to a utility’s ROE based on approval of disincentive or incentive mechanisms, and to establish energy savings targets for the period 2021 through 2025. On May 6,2025, and require that annual program funding be 3% to 5% of an electric utility's annual customer bills excluding gross receipt taxes, franchise and right-of-way access fees, provided that a customer's annual cost not exceed seventy-five thousand dollars.

In 2019, PNM submitted a request to the NMPRC to dismiss this matter. PNM will propose a mechanismfiling to address disincentivesincentives to be earned in 2020. PNM’s proposed incentive mechanism is similar to that approved for 2018 and 2019 with minor modifications to reflect input from interested parties. The proposed incentive mechanism includes a base incentive of 7.1% of program costs, or approximately $1.8 million, based on savings of 59 GWh in 2020 with a sliding scale that provides for additional incentive if savings exceed 68 GWh. No hearings were considered necessary and PNM’s 2020 energy efficiency rider reflecting the 2020 incentive became effective beginning December 30, 2019.

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On April 15, 2020, PNM filed an application for energy efficiency and load management programs to be offered in 2021, 2022, and 2023. The proposed program portfolio consists of twelve programs with a total annual budget of $31.4 million in 2021, $31.0 million in 2022, and $29.6 million in 2023. The application also seeks approval of an annual base incentive of 7.1% of the portfolio budget if PNM achieves energy savings of at least 80 GWh in a future general rate case filing.year. The proposed incentive would increase if PNM is able to achieve savings greater than 80 GWh in a year. The application also proposes an advanced metering infrastructure (“AMI”) pilot program, which includes the installation of 5,000 AMI meters at a cost of $2.9 million. PNM is proposing the pilot program to comply with an NMPRC approvedorder denying PNM’s requestFebruary 2016 application to dismissreplace its existing customer metering equipment with AMI. PNM cannot predict the matter on June 12, 2019, concludingoutcome of this matter.

Integrated Resource Plans
NMPRC rules require that investor owned utilities file an IRP every three years. The IRP is required to cover a 20-year20-year planning period and contain an action plan covering the first four years of that period.
2014 IRP
PNM filed its 2014 IRP on July 1, 2014. On July 31, 2014, several parties requested the NMPRC to not accept the 2014 IRP as compliant with NMPRC rule because to do so could affect the then pending proceeding on PNM’s application to abandon SJGS Units 2 and 3 and for CCNs for certain replacement resources and because they asserted that the 2014 IRP did not conform to the NMPRC’s IRP rule. The NMPRC issued an order in August 2014 that docketed a case to determine whether the 2014 IRP complied with applicable NMPRC rules. The order also held the case in abeyance pending the issuance of final, non-appealable orders in PNM’s 2015 renewable energy procurement plan case and its application to retire SJGS Units 2 and 3. On May 4, 2016, the NMPRC issued a Notice of Proposed Dismissal, stating that the docket would be closed with prejudice within thirty days unless good cause was shown why the docket should remain open. On May 31, 2016, NEE filed a request to hold the protests filed against PNM’s 2014 IRP in abeyance or to dismiss those protests without prejudice. PNM responded on June 13, 2016 and requested that the NMPRC dismiss the case with prejudice. The NMPRC has not yet acted on its Notice of Proposed Dismissal or the request filed on May 31, 2016. PNM cannot predict the outcome of this matter.

2017 IRP

PNM filed its 2017 IRP on July 3, 2017. The 2017 IRP addresses the 20-year planning period from 2017 through 2036 and includes an action plan describing PNM’s plan to implement the 2017 IRP in the four-yearfour-year period following its filing. The 2017 IRP analyzed several scenarios utilizing assumptions that PNM continues service from its SJGS capacity beyond mid-2022 and that PNM retires its capacity after mid-2022. Key findings of the 2017 IRP included, among other things, that retiring PNM’s share of SJGS in 2022 and existing ownership in Four Corners in 2031 would provide long-term cost savings for PNM’s customers and that the best mix of new resources to replace the retired coal generation would include solar energy and flexible natural gas-fired peaking capacity as well as energy storage, if the economics support it, and wind energy provided additional transmission capacity becomes available. The 2017 IRP also indicated that PNM should retain the currently leased capacity in PVNGS.


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Protests to the See additional discussion of PNM’s leased capacity in PVNGS below and in Note 13. PNM's 2017 IRP were filedwas subject to extensive hearings and legal challenges and was accepted as compliant with the applicable statute and rules by several parties. The issues addressed in the protests included the future of PNM’s interests in SJGS, Four Corners, and PVNGS and the timing of future procurement of renewable resources. OnNMPRC on December 19, 2018, after public hearings andwith further consideration of the Hearing Examiner’s recommendations, the NMPRC issued a final order accepting PNM’s 2017 IRP as compliant with applicable statute and NMPRC rules. On January 18, 2019, the Board of the County of Commissioners for San Juan County, New Mexico, the City of Farmington, New Mexico, and other parties filed a Notice of Appeal with the NM Supreme Court regarding the NMPRC’s final order in PNM’s 2017 IRP. On January 18, 2019, NEE submitted a motion requesting the NMPRC reconsider its acceptance of PNM’s 2017 IRP and alleging informational inadequacy and deficiencies in PNM’s filing, which was deemedbeing denied. On February 19, 2019, NEE filed a motion with the NM Supreme Court to intervene in the appeal and to seek remand of the matter to the NMPRC. On March 11, 2019, PNM filed its response with the NM Supreme Court stating that the NMPRC has already considered and, by operation of law, denied NEE’s motion for reconsideration. On May 10, 2019, the appellants, excluding NEE, filed a motion with the NM Supreme Court to dismiss their appeal, which was supported by PNM. On May 31, 2019, the NM Supreme Court denied NEE’s request to remand the proceeding to the NMPRC and ordered NEE to respond to the motion to dismiss the appeal. On June 4, 2019, NEE responded that it did not oppose the appellants’ request to dismiss their appeal. On July 26, 2019, the NM Supreme Court granted the parties’ motions to dismiss the appeal. This matter is now concluded.

As discussed below, on July 1, 2019, PNM submitted its SJGS Abandonment Application with the NMPRC requesting approval to retire SJGS in 2022, for replacement resources, and for the issuance of securitized financingSecuritized Bonds under the ETA. Many of the assumptions and findings included in PNM’s July 1, 2019 filing were consistent with those identified in PNM’s 2017 IRP. The SJGS Abandonment Application and the 2017 IRP are not a final determinations of PNM’s future generation portfolio. PNM will also be required to obtain NMPRC approval of an exit from Four Corners, which PNM will seek at an appropriate time in the future. Likewise, NMPRC approval of new generation resources through CCNs, PPAs, or other applicable filings will be required.

2020 IRP

In the third quarter of 2019, PNM cannot predictinitiated its 2020 IRP process which will cover the outcome20-year planning period from 2019 through 2039. Consistent with historical practice, PNM has provided notice to various interested parties and has hosted a series of these matters.public advisory presentations. PNM will continue to seek input from interested parties as a part of this process. NMPRC rules require PNM to file its 2020 IRP in July 2020. On March 16, 2020, PNM filed a motion to extend the deadline to file its 2020 IRP to six months after the NMPRC issues a final order approving a replacement resource portfolio and closes the docket in the bifurcated SJGS Abandonment Application and replacement resource proceedings. On April 8, 2020, the NMPRC approved PNM's motion to extend the deadline to file its 2020 IRP as requested.

SJGS Abandonment Application

As discussed in Note 16 of the Notes to the Consolidated Financial Statements in the 2019 Annual Reports on Form 10-K, on March 22, 2019, the Governor signed into New Mexico state law Senate Bill 489, known as the Energy Transition Act (“ETA”). The ETA became effective as of June 14, 2019 and sets a statewide standard that requires investor-owned electric utilities to have specified percentages of their electric-generating portfolios be from renewable and zero-carbon generating resources. Prior to the enactment of the ETA, the REA established a mandatory RPS requiring utilities to acquire a renewable energy portfolio equal to 10% of retail electric sales by 2011, 15% by 2015, and 20% by 2020. The ETA amends the REA and
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requires utilities operating in New Mexico to have renewable portfolios equal to 20% by 2020, 40% by 2025, 50% by 2030, 80% by 2040, and 100% zero-carbon energy by 2045. The ETA also provides for a transition from fossil-fuel generation resources to renewable and other carbon-free resources through certain provisions relating to the abandonment of coal-fired generating facilities. These provisions include the use of “energy transition bonds,” which are designed to be highly rated bonds that can be issued to finance certain costs of abandoning coal-fired facilities that are retired prior to January 1, 2023 for facilities operated by a “qualifying utility,” or prior to January 1, 2032 for facilities that are not operated by the qualifying utility.

On July 1, 2019, PNM filed a Consolidated Application for the Abandonment and Replacement of SJGS and Related Securitized Financing Pursuant to the ETA (the “SJGS Abandonment Application”). The SJGS Abandonment Application seeks NMPRC approval to retire PNM’s share of SJGS after the existing coal supply and participation agreements end in June 2022, for approval of replacement resources, and for the issuance of “energy transition bonds,” as provided by the ETA. PNM’s application proposes several replacement resource scenarios including PNM’s recommended replacement scenario, which would provide cost savings to customers compared to continued operation of SJGS, preserves system reliability, and is consistent with PNM’s plan to have an emissions-free generation portfolio by 2040. This plan would provide PNM authority to construct and own a 280 MW natural gas-fired peaking plant to be located on the existing SJGS facility site, and 70 MW of battery storage facilities. In addition, PNM’s recommended replacement resource scenario would allow PNM to execute PPAs to procure renewable energy from a total of 350 MW of solar-PV generating facilities and for energy from a total of 60 MW of battery storage facilities. PNM’s application included three3 other replacement resource scenarios that would place a greater amount of resources in the San Juan area, or result in no new fossil-fueled generating facilities, or no battery storage facilities. Each of these alternativefacilities being added to PNM’s portfolio. When compared to PNM's recommended replacement resource scenario, the three alternative resource scenarios isare expected to result in increased costs to customers and lowerthe two alternative resource scenarios that result in no new fossil-fueled generating facilities are expected to not provide adequate system reliability when compared to PNM’s recommended replacement resource scenario.reliability. The SJGS Abandonment Application also includes a request to issue approximately $361 million of energy transition bonds (the “Securitized Bonds”). The amountPNM’s request for the issuance of Securitized Bonds to be issued will be dependent upon several factors, including NMPRC approval of the SJGS Abandonment Application. Funding under the Securitized bonds is currently expected to includeincludes approximately $283 million of forecasted undepreciated investments in SJGS at June 30, 2020, an estimated $28.6 million for plant decommissioning and coal mine reclamation costs, approximately $9.6 million in upfront financing costs, and approximately $20.0 million for job training and severance costs for affected employees. Proceeds from the Securitization Bonds would also be used to fund approximately $19.8 million for economic development in the four corners area.

As discussed in Note 11, the NM Supreme Court granted a request by PNM to stay a January 30, 2019 NMPRC order requiring PNM’s SJGS abandonment application be filed by March 1, 2019. On June 26, 2019, the NM Supreme Court lifted the stay and denied PNM’s petition without discussion. On July 10, 2019, the NMPRC issued an order requiring the SJGS Abandonment Application be considered in two proceedings,proceedings: one addressing SJGS abandonment and related financing, and the other addressing replacement resources. The NMPRC indicated that PNM’s July 1, 2019 filing is responsive to the January 30, 2019 order but did not definitively indicate if the abandonment and financing proceedings will be evaluated under the requirements of the ETA. The NMPRC’s July 10, 2019 order also extended the deadline to issue the abandonment and financing order to nine months and to issue the replacement resources order to 15 months.


After several requests for clarification and legal challenges and following oral argument on January 29, 2020, the NM Supreme Court issued a ruling requiring the NMPRC to apply the ETA to all aspects of PNM’s SJGS Abandonment Application, indicating any previous NMPRC orders inconsistent with the ruling should be vacated, and denying parties’ request for stay. Hearings on the abandonment and securitized financing proceedings were held in December 2019 and hearings on replacement resources were held in January 2020.

On February 21, 2020, the Hearing Examiners issued two recommended decisions recommending approval of PNM’s proposed abandonment of SJGS, subject to approval of replacement resources, and approval of PNM’s proposed financing order to issue Securitized Bonds.  The Hearing Examiners recommended that PNM be authorized to abandon SJGS by June 30, 2022, and to record regulatory assets for certain other abandonment costs that are not specifically addressed under the provisions of the ETA. The Hearing Examiners also recommended PNM be authorized to issue Securitized Bonds of up to $361 million and establish a rate rider to collect non-bypassable customer charges for repayment of the bonds and be subject to bi-annual adjustments (the “Energy Transition Charge”). The Hearing Examiners recommended an interim rate rider adjustment upon the start date of the Energy Transition Charge to provide immediate credits to customers for the full value of PNM’s revenue requirement related to SJGS until those reductions are reflected in base rates. In addition, the Hearing Examiners recommended PNM be granted authority to establish regulatory assets to recover costs that PNM will pay prior to the issuance of the Securitized Bonds, including costs associated with the bond issuances as well as for severances, job training,
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Julyeconomic development, and workforce training. On April 1, 2020, the NMPRC unanimously approved the Hearing Examiners' recommended decisions regarding the abandonment of SJGS and the related securitized financing under the ETA. On April 10, 2019 order also extended2020, CFRE and NEE filed a notice of appeal with the deadlineNM Supreme Court of the NMPRC's approval of PNM's request to issue securitized financing under the ETA. Pursuant to NM Supreme Court rules, CFRE and NEE must file their statement of issues by May 10, 2020.

On March 27, 2020, the Hearing Examiners issued a partial recommended decision on PNM’s request for approval of replacement resources recommending that the NMPRC bifurcate consideration of PNM’s requested replacement resources.The Hearing Examiners recommend that the NMPRC approve two of PNM’s requested replacement resources, including the 300 MW solar PPA combined with a 40 MW battery storage agreement and the 50 MW solar PPA combined with a 20 MW battery storage agreement.The Hearing Examiners recommended that the two solar and battery procurements be approved first because they are the most cost-effective resources proposed in the case, are supported by the majority of parties, and the economics of the projects will be in jeopardy if approval is delayed past April 30, 2020.The Hearing Examiners recommended that PNM be permitted to recover the energy costs of these PPAs through its FPPAC, and that PNM should recover the demand cost of the energy storage agreements in base rates in a future general rate case.The Hearing Examiners indicated they will issue a separate order addressing the remainder of PNM’s requested replacement resource approvals. On April 29, 2020, the NMPRC issued an order declining to bifurcate a determination on replacement resources and deferring final consideration until the issuance of a comprehensive recommended decision addressing the entire portfolio of replacement resources. The NMPRC is required to issue an order on the SJGS replacement resources by September 2020.

PNM evaluated the consequences of the NMPRC's April 1, 2020 orders approving the abandonment of SJGS and financing orderthe related issuance of Securitized Bonds under GAAP. This evaluation indicated that it is probable that PNM will be required to nine monthsfund severances for PNM employees at the facility upon its retirement in 2022 and for PNMR shared services employees providing administrative and other support services to SJGS. In addition, the evaluation indicated that it is probable PNM will be obligated to fund severances and other costs for the WSJ LLC employees and to issuefund certain state agencies for economic development and workforce training upon the replacement resources orderissuance of the Securitized Bonds. PNM believes these obligations can be reasonably estimated as of March 31, 2020 and, pursuant to 15 months. On July 22, 2019, Western Resource Advocates filed a motion for clarification, reconsideration,the NMPRC's April 1, 2020 orders and request for oral argument with the NMPRC. The motion requested the NMPRC clarify whether it intends to evaluate the abandonment and financing proceeding under the requirements of the ETA, are recoverable from New Mexico retail customers. As a result, as of March 31, 2020, PNMR and PNM recorded obligations of $9.4 million and $8.1 million for estimated severances, $8.9 million for obligations to fund severances and other costs of WSJ LLC employees, and to fund $19.8 million to state agencies for economic development and workforce training upon the issuance of the Securitized Bonds. The total amount recorded for these estimates of $38.1 million and $36.8 million is reflected in other deferred credits and as a corresponding deferred regulatory asset on PNMR's and PNM's Condensed Consolidated Balance Sheets as of March 31, 2020. These estimates may be adjusted in future periods as the event the NMPRC does not intend to apply the ETACompany refines its expectations. In addition, as discussed above these costs may be challenged by parties pursuant to the abandonment and financing proceeding, to reconsider its decision and provide parties an opportunity to present oral argumentnotices of appeal filed with the NM Supreme Court on the matter. The NMPRC chair responded on July 24, 2019, indicating that the Hearing Examiners assigned to the proceeding would address the issue of law applicable to the approvals sought by PNM in the scheduling orders. On July 25, 2019, the Hearing Examiners issued procedural orders that set a public hearing on SJGS abandonment and related financing for DecemberApril 10, 2019, a hearing on PNM’s proposed PPA replacement resources on December 2, 2019, and a hearing on the remaining replacement resources on March 2, 2020.  The procedural orders also require PNM to file legal brief by August 23, 2019 regarding the extent to which the state constitution might prevent the ETA from applying to the issues in each proceeding, that parties file responses to PNM’s legal briefs by October 18, 2019, and that parties may file testimony on the merits of their claims regarding the SJGS abandonment and replacement resources if the ETA is ultimately determined to not apply to PNM’s application. On July 29, 2019, Western Resource Advocates filed a motion for interlocutory appeal of the July 24, 2019 order indicating that the procedural order will not provide parties adequate time to determine the applicability of the ETA and requesting an expedited decision from the NMPRC stating their intent to review the proceedings under the requirements of the ETA or under prior law. On August 1, 2019, the NMPRC issued a procedural order requiring responses to the interlocutory appeal by August 9, 2019.

The financial impact of an early retirement of SJGS and the NMPRC approval process are influenced by many factors outside of PNM’s control, including the economic impact of a potentialthe SJGS abandonment on the area surrounding the plant and the related mine, as well as the overall political and economic conditions of New Mexico. PNM believes thatSee additional discussion of the ETA applies to all aspects of theand SJGS Abandonment Application butin Note 16 of the Notes to Consolidated Financial Statements in the 2019 Annual Reports on Form 10-K. PNM cannot predict the outcome of this matter.these matters.

Joint Petition to Investigate PNM’s Option to Purchase Assets Underlying Certain Leases in PVNGS

On April 22, 2019, NEE and other parties, which consist primarily of environmental not-for-profit organizations, filed a joint petition for expedited investigation with the NMPRC. The joint petition requested the NMPRC open an investigation regarding PNM’s option to purchase the assets underlying the PVNGS Unit 1 and 2 leases that will expire in January 2023 and 2024. Various parties filed to participate in the request. On May 8, 2019, the NMPRC issued an order requiring a response from both PNM and NMPRC staff. PNM filed responses indicating, among other things, that the joint petition should be denied, and that PNM has not yet made a decision to purchase or return the assets underlying the leases that expire in January 2023 and 2024. The NMPRC has not taken action on the joint petition for investigation. PNM cannot predict the outcome of this matter.

Cost Recovery Related to Joining the EIM

The California Independent System Operator (“CAISO”) developed the Western Energy Imbalance Market (“EIM”) as a real-time wholesale energy trading market that enables participating electric utilities to buy and sell energy. The EIM aggregates the variability of electricity generation and load for multiple balancing authority areas and utility jurisdictions. In addition, the EIM facilitates greater integration of renewable resources through the aggregation of flexible resources by capturing diversity benefits from the expanded geographic footprintOn September 16, 2019, NEE and the expanded potential uses for those resources.

In 2018, PNM completed a cost-benefit analysis of participating in the EIM. PNM’s analysis indicated participation in the EIM would provide substantial benefits to retail customers. On August 22, 2018, PNM filed an application with the NMPRC requesting, among other things, to recover an estimated $20.9 million of initial capital investments and authorization to establish a regulatory asset to recover an estimated $7.4 million of other expenses that would be incurred in order to join the EIM. PNM’s application proposed the regulatory asset be adjusted to provide for full recovery of such costs, including carrying charges, until the effective date of new rates in PNM’s next general rate case. PNM’s application also proposed the benefits of participating in the EIM be credited to retail customers through PNM’s existing FPPAC and that PNM would seek recovery of its costs in a future proceeding. On December 19, 2018, the NMPRC issued an order approving the establishment of a regulatory asset to recover PNM’s cost of joining the EIM, which was subsequently challenged by several parties. On February 6, 2019, the NMPRC issued an order granting rehearing and vacating the December 19, 2018 order. On March 18, 2019, the Hearing Examiner issued an updated recommended decision recommending approval of the establishment of a regulatory asset but deferring certain rate making issues, including but not limited to issues related to implementation and ongoing EIM costs and savings, the prudence and reasonableness of costs to be included in the regulatory asset, and the period over which costs would be charged to customers until PNM’s next general rate case filing, which was approved by the NMPRC. PNM and other parties filed a joint motion requestingreiterating their initial petition and seeking the appointment of a hearing examiner to preside over the requested proceeding. On September 30, 2019, PNM filed its response in opposition stating that PNM had previously refuted NEE’s arguments and that there is no need for a hearing examiner to be assigned to this matter. The NMPRC subsequently issued an order denying the petition for investigation. On January 3, 2020, PNM filed notice with the NMPRC clarify thatof 60-day waivers of the quarterly benefits reports prepared by CAISO be useddeadline to determine the benefitsprovide notice to purchase or return
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(Unaudited)


EIM, as well as to support the prudence of costs incurred to joinassets underlying the EIM.PVNGS Unit 1 leases. On April 24, 2019,10, 2020, PNM filed additional notices of waivers. The deadline for PNM to provide irrevocable notice of its intent to purchase or return the PVNGS Unit 1 lease interests is now June 15, 2020. PNM has committed to provide the NMPRC issued an order granting the joint motionwith timely updates on any decisions related to these interests and will file any necessary requests for clarification and indicating the CAISO quarterly benefits reports may be used in a future rate case. PNM anticipates it will begin participating in the EIM in April 2021.approval associated with its decision.

Facebook, Inc. Data Center Project

As discussed in Note 17 of the Notes to Consolidated Financial Statements in the 2018 Annual Reports on Form 10-K, in 2016, the NMPRC approved a PNM application for arrangements in connection with services to be provided to Facebook, Inc. for a data center being constructed in PNM’s service area. Facebook’s service requirements include the acquisition by PNM of a sufficient amount of new renewable energy resources and RECs to match the energy and capacity requirements of the data center. The cost of renewable energy procured is passed through to Facebook under a rate rider. A special service rate is applied to Facebook’s energy consumption in those hours of the month when their consumption exceeds the energy production from the renewable resources. In late 2017, PNM’s executed its initial procurement for the energy production from 30 MW of solar-PV capacity from NMRD, a 50% equity method of investee PNMR Development. Of this capacity, 10 MW began commercial operation in each of January 2018, March 2018, and May 2018.

PNM obtained NMPRC approval to enter into additional 25-year PPAs to purchase renewable energy and RECs to be used by PNM to supply renewable energy to the data center. These PPAs include the purchase of the power and RECs from:Solar Direct

Casa Mesa Wind, LLC, a subsidiary of NextEra Energy Resources, LLC, which is located near House, New Mexico, has a total capacity of 50 MW, and became operational in November 2018
A 166 MW portion of the La Joya Wind Project, owned by Avangrid Renewables, LLC, which is expected to be located near Estancia, New Mexico and be operational in November 2020
Route 66 Solar Energy Center, LLC, a subsidiary of NextEra Energy Resources, LLC, which is expected to be located west of Albuquerque, New Mexico, have a total capacity of 50 MW, and be operational in December 2021
Two PPAs to purchase renewable energy and RECs from an aggregate of approximately 100 MW of capacity from two solar-PV facilities to be owned and operated by NMRD. The first 50 MW of these facilities is expected to begin commercial operation in December 2019 and the remaining capacity is expected to begin commercial operation in June 2020.

The two PPAs aggregating approximately 100 MW of capacity were subject to FERC approval, which was granted on August 1, 2019.

Application For a New 345 kV Transmission Line

On August 10, 2018, PNM filed an application seeking NMPRC approval of a CCN to construct and operate a 345 kV transmission line and associated facilities (the “BB2 Line”), and to determine the rate making treatment to apply to the BB2 line and related rights-of-way. In the application, PNM states that the BB2 line would run adjacent to one of PNM’s existing transmission lines and is necessary to serve additional renewable generating resources to be located in eastern New Mexico. PNM’s use of the BB2 line would benefit all customers and would include delivery of approximately 166 MW of renewable energy and RECs under a PPA, which had previously been approved by the NMPRC, from La Joya Wind and 140 MW from La Joya Wind that PNM included in PNM’s 2020 renewable energy procurement plan. PNM’s application requested that the NMPRC apply standard ratemaking treatment to the estimated $85 million cost of the project resulting in a jurisdictional allocation of costs to all of PNM’s transmission and retail customers. NMPRC staff supported PNM’s proposed ratemaking treatment of the BB2 project and indicated that the capacity and energy of the La Joya Wind PPA and related network upgrades to PNM’s transmission system would benefit all of PNM’s customers. On March 11, 2019, the Hearing Examiner assigned to the application issued a recommended decision recommending approval of the CCN and related rights-of-way but recommending the NMPRC deny PNM’s request to allocate a portion of cost of the BB2 Line to retail customers. The Hearing Examiner’s recommendation indicated the costs not recovered from retail customers be directly reimbursed to PNM by Facebook, Inc. As a result, Facebook, Inc. would be responsible for approximately 46 percent, or $39.0 million, of the estimated cost of the project. On March 20, 2019, PNM filed exceptions to the recommended decision and requested oral argument. In its filing, PNM refuted the proposed finding that the BB2 Line is not part of PNM’s overall transmission system, opposed the recommendation that approximately 46 percent of the estimated cost of the project be directly assigned to Facebook, Inc. and presented legal arguments in support of PNM’s originally proposed ratemaking treatment. On April 16, 2019, the NMPRC issued an order approving the Hearing Examiner’s recommended decision, including the requirement that PNM be directly reimbursed by Facebook, Inc. In late April 2019, PNM and other parties submitted filings with the NMPRC requesting rehearing and seeking reconsideration of the NMPRC’s decision to deny standard ratemaking treatment of the cost of the BB2 Line and associated facilities, which were denied. On May 21, 2019, PNM filed a motion requesting the NMPRC reopen the proceeding to admit new evidence of the benefits of the BB2 Line to retail customers and to modify the final

PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)


order. On June 12, 2019, the NMPRC issued an updated final order but denied PNM’s motion to reopen the proceedings. The updated final order grants the CCN but defers rate making treatment to a future rate case. This matter is now concluded.

Western Spirit Line

On May 1, 2019, PNM, the New Mexico Renewable Energy Transmission Authority (“RETA”), a New Mexico state authority, and Western Spirit Transmission LLC (“Western Spirit”), an affiliate of Pattern Energy Group, Inc., entered into agreements for the construction of a transmission line to transmit power generated from wind facilities to be owned by Pattern Wind New Mexico, LLC (“Pattern Wind”), an affiliate of Western Spirit and Pattern Development. As a part of the arrangement, the parties executed a Build Transfer Agreement (“BTA”) that would allow PNM to purchase the approximately 165-mile 345 kV transmission line and associated facilities (the “Western Spirit Line”). Subject to NMPRC and FERC approval, the Western Spirit Line will be developed and constructed by RETA and Western Spirit LLC and sold to PNM upon its commercial operation date. The BTA contains a number of customary representations and warranties and indemnification provisions as well as closing conditions, including regulatory and third-party approvals, and may be terminated under certain circumstances.  The purchase is subject to, among other conditions, receiving approval from FERC, the NMPRC, and, if necessary, anti-trust review under the Hart-Scott-Rodino Act. PNM estimates the total cost of the project to be approximately $285 million, including an estimated $75 million that Pattern Wind has chosen to self-fund under the agreement. On May 10,31, 2019, PNM filed an application with the NMPRC requesting that the NMPRC determine that it is not unlawful or inconsistent with the public interest for approval of a program under which qualified governmental and large commercial customers could participate in a voluntary renewable energy procurement program. PNM proposed to purchase the Western Spirit Line and requesting the NMPRC rule by November 6, 2019. On July 23, 2019, NMPRC staff filed testimony contending that a CCN is required for PNM to own and operate the Western Spirit Line. A hearing is scheduled to begin on August 13, 2019.

PNM also has entered into Transmission Service Agreements and other ancillary agreements (“TSAs”) with Pattern Wind for firm transmission service. The TSAs use an incremental rate based on the construction and other ongoingrecover costs of the Western Spirit Line, including adjustments for construction costs that Pattern Wind has chosen to self-fundprogram directly from subscribing customers through a rate rider. Under the rider, PNM would procure renewable energy from 50 MW of solar-PV facilities under a 15-year PPA. PNM had fully subscribed the agreement. FERC approved PNM’s TSAs with Pattern Wind effective July 9, 2019. PNM anticipates FERC will issue an order regarding PNM’s purchaseentire output of the Western Spirit Line50 MW facilities at the time of the filing. Hearings on the application concluded on January 9, 2020. On March 11, 2020, the hearing examiner issued a recommended decision recommending approval of PNM's application. The hearing examiner's recommended decision was approved by the NMPRC on March 25, 2020. These facilities are expected to begin commercial operations on March 31, 2021. This matter is now concluded.

COVID-19 Regulatory Matters

In March 2020, PNM and other utilities voluntarily implemented a temporary suspension of disconnections and late payment fees for non-payment of utility bills in November 2019.

response to the impacts of COVID-19.On March 18, 2020, the NMPRC conducted an emergency open meeting for the purpose of adopting emergency amendments to its rules governing service to residential customers.The NMPRC’s emergency order is applicable during the duration of the Governor of New Mexico's emergency executive order and allows for the closure of payment centers, prohibits the discontinuance of a residential customer’s service for non-payment, and suspends the expiration of medical certificates for certain customers. On April 27, 2020, PNM, El Paso Electric Company, New Mexico Gas Company, and Southwestern Public Service Company filed a joint motion with the NMPRC requesting authorization to track costs resulting from each utility's response to the COVID-19 outbreak. The utilities propose these incremental costs and uncollected customer accounts receivable resulting from COVID-19 during the period March 11, 2020 through December 31, 2020 be recorded as a regulatory asset. If approved by the NMPRC, the utilities would seek recovery of the regulatory asset in a future rate case. PNM cannot predict the outcome of this matter.
TNMP
TNMP

TNMP 2018 Rate Case

On May 30, 2018, TNMP filed a general rate proceeding with the PUCT (the “TNMP 2018 Rate Case”) requesting an annual increase to base rates of $25.9 million based on a ROE of 10.5%, a cost of debt of 7.2%, and a capital structure comprised of 50% debt and 50% equity. TNMP’sAs part of the application, included a request to establish new rate riders to recover Hurricane Harvey restoration, rate case, and additional vegetation management costs. The application also included the integration of revenues previously recorded under the AMS rider and collection of other unrecovered AMS investments into base rates. In 2018, TNMP recorded revenues of $20.2 million under the AMS rider. The TNMP 2018 Rate Case application also proposed to return the regulatory liability recorded at December 31, 2017 related to federal tax reform to customers and to reduce the federal corporate income tax rate to 21%.

On December 20, 2018, the PUCT approved an unopposed settlement agreement in the case. The PUCT’s final order results in a $10.0 million annual increase to base rates. The key elements of the approved settlement include a ROE of 9.65%, a cost of debt of 6.44%, and a capital structure comprised of 55% debt and 45% equity. As stated by the settlement agreement, the PUCT’s final order excludes certain items from rate base that were requested in TNMP’s original filing, including approximately $10.6 million of transmission investments that TNMP included in its January 2019 transmission cost of service filing, which was approved by the PUCT in March 2019. In addition, the PUCT’s final order requires TNMP to reflect the lower federal income tax rate of 21% in rates and refund approximately $37.8 million of the regulatory liability recorded at December 31, 2017 related to federal tax reform to customers over a period of five years and the remaining amount over the estimated useful lives of plant in service as of December 31, 2017; approves TNMP’s request to integrate revenues historically recorded under TNMP’s AMS rider, as well as other unrecovered AMS investments, into base rates; approves TNMP’s request for new depreciation rates; and approves a new rider to recover Hurricane Harvey restoration costs, net of amounts to be refunded to customers resulting from the reduction in the federal income tax rate in 2018. See Note 14. The TNMP 2018 Rate Case also resulted innew rider is being charged to customers over a reallocationperiod of costs between TNMP’s transmission and retail customers and other rate design changes that reallocate costs between certain demand-based customers and customers billedapproximately three years beginning on a volumetric basis.the effective date of new base rates. New rates under the TNMP 2018 Rate Case were effective beginning on January 1, 2019.



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TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
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(Unaudited)

Recovery of TNMP Rate Case Costs

Recovery of the cost of TNMP’s rate case was moved into separate proceedings to begin after the conclusion of TNMP 2018 Rate Case. TNMP sought recovery of costs incurred through August 2019 in the amount of $3.8 million and proposed these costs be collected from customers over a three-year period. In October 2019, TNMP and other parties to the proceedings filed an unopposed settlement stipulation that reduced TNMP’s cost recovery to $3.3 million and provide for recovery over a period not to exceed three-years beginning on March 1, 2020. On January 16, 2020, the PUCT approved the settlement. As a result of the PUCT's order, TNMP recorded a pre-tax write-off of $0.5 million in December 2019.

Transmission Cost of Service Rates

TNMP can update its transmission cost of service (“TCOS”) rates twice per year to reflect changes in its invested capital although updates are not allowed while a general rate case is in process. Updated rates reflect the addition and retirement of transmission facilities, including appropriate depreciation, federal income tax and other associated taxes, and the approved rate of return on such facilities.

The following sets forth TNMP’s recent interim transmission cost rate increases:
Effective DateApproved Increase in Rate BaseAnnual Increase in Revenue
(In millions)
March 21, 2019$111.8  $14.3  
September 19, 201921.9  3.3  
March 27, 202059.2  7.8  
Effective Date Approved Increase in Rate Base Annual Increase in Revenue
  (In millions)
March 14, 2017 30.2
 4.8
September 13, 2017 27.5
 4.7
March 27, 2018 32.0
 0.6
March 21, 2019 111.8
 14.3

Periodic Distribution Rate Adjustment

PUCT rules permit interim rate adjustments to reflect changes in investments in distribution assets. Distribution utilities may file for a periodic rate adjustment between April 1 and April 8 of each year as long as the electric utility is not earning more than its authorized rate of return using weather-normalized data.

On July 23, 2019,April 6, 2020, TNMP filed anits first application to further update its transmission rates to reflectfor a distribution cost recovery factor (the "2020 DCOS"). The 2020 DCOS application requests an increase in total rate baseTNMP's annual distribution revenue requirement of $21.9$14.7 million which would increase revenues by $3.3 million annually. The application is pending before the PUCT.

Order Related to Changes in Federal Income Tax Rates

On January 25, 2018, the PUCT issued an accounting order that addresses the change in the federal corporate income tax ratesbased on investor-owned utilities in the statenet capital incremental distribution investments of Texas. The order required investor-owned utilities to record$149.2 million. TNMP requested a regulatory liability equal to the reduction in accumulated federal deferred income tax balances at the end of 2017 due to the change in the federal corporate income tax rate.

In addition, the order required that a regulatory liability be recorded to reflect the difference between revenues collected under existing rates and thoseprocedural schedule that would have been collected had thoseresult in rates been set reflecting federal income tax reform beginning onbeing effective in September 2020. TNMP cannot predict the dateoutcome of the order. In compliance with the PUCT order, during the three and six months ended June 30, 2018, TNMP reduced revenues by $1.2 million and $2.7 million to reflect the impact of the reduction in the federal corporate income tax rate beginning January 25, 2018. As discussed above, the total amount owed for the year ended 2018 of $5.4 million was offset against TNMP’s Hurricane Harvey restoration costs and is being refunded to customers as a component of a new rate rider over a period of approximately three years beginning on January 1, 2019.this matter.

Energy Efficiency

TNMP recovers the costs of its energy efficiency programs through an energy efficiency cost recovery factor (“EECRF”), which includes projected program costs, under and over collected costs from prior years, rate case expenses, and performance bonuses (if programs exceed mandated savings goals). On May 30, 2019, TNMP filed its request to adjust the EECRF to reflect changes in costs for 2020. The total amount requested was $5.9 million, which included a performance bonus of $0.8 million based on TNMP’s energy efficiency achievements in the 2018 plan year. Hearings for this matter have been scheduled for August 16, 2019. TNMP’s 2018 EECRF filing requested an adjustment of $5.6 million, including a performance bonus of $0.8 million, and became effective on March 1, 2019.

(13)Lease Commitments

On May 30, 2019, TNMP filed its request to adjust the EECRF to reflect changes in costs for 2020. On August 30, 2019, a unanimous settlement stipulation was filed with the PUCT that would allow TNMP to recover its requested $5.9 million of program costs in 2020, which includes a performance bonus of $0.8 million based on TNMP’s energy efficiency achievements in the 2018 plan year. The PUCT approved the settlement on December 13, 2019 to become effective March 1, 2020.

COVID-19 Electricity Relief Program

On March 26, 2020, the PUCT issued an order establishing an electricity relief program for electric utilities, REPs, and customers impacted by COVID-19. The Company enters into various lease agreementsprogram allows providers to meet its business needsimplement a rider to collect unpaid residential retail customer bills and to satisfy the needs of its customers. Historically, the Company’s leases were classified as operating leases which included leases for generating capacity from PVNGS Units 1 and 2, certain rights-of-way agreements for transmission lines and facilities, vehicle and equipment leases necessary to construct and maintain the Company’s assets and building and office equipment leases. In February 2016, the FASB issued ASU 2016-02 – Leases (Topic 842) to provide guidance on the recognition, measurement, presentation, and disclosure of leases. Among other things, ASU 2016-02 requires that all leases be recorded on the balance sheets by recognizing a present value liability for future cash flows of the lease agreement and a corresponding right-of-use asset. The Company adopted Topic 842 on January 1, 2019, its required effective date. The Company elected to use many of the practical expedients available upon adoption of the standard. As a result, the Company willensure these customers continue to classify its leases existing as of December 31, 2018 as operating leases until they expire or are modified.have electric service. In addition, the Company electedprogram provides transmission and distribution providers access to zero-interest loans from ERCOT. Collectively, ERCOT’s loans may not exceed $15 million. The program has a term of six months unless extended by the practical expedientPUCT. In a separate order, the PUCT authorized electric utilities to establish a regulatory asset for costs related to COVID-19. These costs may include but are not reevaluate the accounting for land easements and rights-of-way agreements existing at December 31, 2018. The Company also elected the uselimited to costs related to unpaid accounts.
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expedientTNMP filed its rider on March 30, 2020. The rider was effective immediately and establishes a charge of $0.33 per MWh in accordance with the PUCT's order. On April 14, 2020, TNMP executed an interest-free loan agreement to apply the requirementsborrow $0.5 million from ERCOT. The loan must be repaid upon completion of the new standard on its effective date and has not restated prior periods to conform to the new guidance. Adoption of the lease standard has a material impact on the Company’s Condensed Consolidated Balance Sheets but does not have a material impact on the Condensed Consolidated Statements of Earnings or the Condensed Consolidated Statements of Cash Flows.electricity relief program.

Effective January 1, 2019, the Company accounts for contracts that convey the use and control of identified assets for a period of time as leases.
(13)     Lease Commitments

The Company classifies leases as operating or financing by evaluating the terms of the lease agreement. Agreements under which the Company is likely to utilize substantially all of the economic value or life of the asset or which the Company is likely to own at the end of the lease term, either through purchase or transfer of ownership,office buildings, vehicles, and other equipment. In addition, PNM leases interests in PVNGS Units 1 and 2 and certain rights-of-way agreements are classified as financing leases. Leases not meeting these criteria are accounted for as operating leases. Agreements under whichAll of the Company is a lessor are insignificant. LeasesCompany's leases with terms that are expected to exceedin excess of one year are recognizedrecorded on the Company’s Condensed Consolidated Balance Sheetsbalance sheet by recording a present value lease liability and a corresponding right-of-use asset. PNMR, PNM, and TNMP determine present value for their leases using their incremental borrowing rates at the commencement date of the lease or, when readily available, the rate implicit in the agreement. However, in most cases the implicit interest rate is not available in the Company’s lease agreements. Operating lease expense is recognized within operating expenses according to the use of the asset on a straight-line basis. Financing lease costs, which are comprised primarily of fleet and office equipment leases commencing after January 1, 2019, are recognized by amortizing the right-of-use asset on a straight-line basis and by recording interest expense on the lease liability. Financing lease right-of-use assets amortization is reflected in depreciation and amortization and interest on financing lease liabilities is reflected as interest charges on the Company’s Condensed Consolidated Statements of Earnings.

See additional discussion of the Company's leasing activities in Note 8 of the Notes to Consolidated Financial Statements in the 2019 Annual Reports on Form 10-K.

PVNGS

PNM leases interests in Units 1 and 2 of PVNGS. The PVNGS leases were entered into in 1985 and 1986 and initially were scheduled to expire on January 15, 2015 for the four4 Unit 1 leases and January 15, 2016 for the four4 Unit 2 leases. Following procedures set forth in the PVNGS leases, PNM notified four4 of the lessors under the Unit 1 leases and one1 lessor under the Unit 2 lease that it would elect to renew those leases on the expiration date of the original leases. The four4 Unit 1 leases now expire on January 15, 2023 and the one1 Unit 2 lease now expires on January 15, 2024. The annual lease payments during the renewal periods aggregate $16.5 million for PVNGS Unit 1 and $1.6 million for Unit 2.

The terms of each of the extended leases do not provide for additional renewal options beyond their currently scheduled expiration dates. PNM has the option to purchase the assets underlying each of the extended leases at their fair market value or to return the lease interests to the lessors on the expiration dates. Under the terms of the extended leases, PNM hashad until January 15, 2020 for the Unit 1 leases and has until January 15, 2021 for the Unit 2 lease to provide notices to the lessors of PNM’s intent to exercise the purchase options or to return the leased assets to the lessors. On January 3, 2020, PNM filed notice with the NMPRC of 60-day waivers of the deadline to provide notice to purchase or return the assets underlying the PVNGS Unit 1 leases. On March 3, 2020, and April 10, 2020, PNM filed additional notices of waivers of the deadlines. The deadline for PNM to provide irrevocable notice of its intent to purchase or return the assets underlying the PVNGS Unit 1 lease interests is now June 15, 2020. The waivers did not impact the PVNGS Unit 1 leases’ current January 15, 2023 expiration dates. PNM’s elections are independent for each lease and are irrevocable. In the proceeding addressing PNM’s 2017 IRP, (Note 12), PNM agreed to promptly notify the NMPRC of a decision to extend the Unit 1 or 2 leases, or to exercise its option to purchase the leased assets at fair market value upon the expiration of leases. See Note 12. If PNM elects to exercise its purchase option under any of the leases, the leases provide an appraisal process to determine fair market value. If PNM elects to return the assets underlying the extended leases, PNM will retain certain obligations related to PNVGS,PVNGS, including costs to decommission the facility. PNM would seekis depreciating its capital improvements related to recover its undepreciated investments atthe extended leases using NMPRC approved rates through the end of the PVNGS leases as well as any future obligations related to PNM’s leased capacity from NM retail customers.NRC license period for each unit, which expire in June 2045 for Unit 1 and in June 2046 for Unit 2. Any transfer of the assets underlying the leases will be required to comply with NRC licensing requirements.

See Note 12 for information concerning For example, the NMPRC’s treatmentNRC could limit the transfer of PNM’s purchase ofownership should PNM decide to return the assets underlying 64.1 MWall or a portion of its current leased interests in PVNGS. In the event PNM decides to return these interests to the lessors, and extensiona qualified buyer cannot be identified, PNM may be required to retain all of 114.6 MWa portion of its existing leased capacity in PVNGS Unit 2,or be exposed to other claims for damages by the NM Supreme Court’s decision regarding PNM’s appeal of certain matters inlessors. Whether PNM retains or returns the NM 2015 Rate Case, as well as information concerning a joint petition to investigate PNM’s option to purchase additional assets underlying the extended leased capacity in PVNGS.leases, PNM will seek to recover its undepreciated investments, and any amounts paid to purchase the assets, as well as any other obligations related to PVNGS from NM retail customers.

Covenants in PNM’s PVNGS Units 1 and 2 lease agreements limit PNM’s ability, without consent of the owner participants in the lease transactions, (i) to enter into any merger or consolidation, or (ii) except in connection with normal dividend policy, to convey, transfer, lease or dividend more than 5% of its assets in any single transaction or series of related transactions. PNM is exposed to lossesloss under the PVNGS lease arrangements upon the occurrence of certain events that PNM does not consider to be reasonably likely to occur. Under certain circumstances (for example, the NRC issuing specified violation orders with respect to PVNGS or the occurrence of specified nuclear events), PNM would be required to make specified payments to the lessors, and take title to the leased interests. If such an event had occurred as of June 30, 2019,March 31, 2020, amounts due to the lessors under the circumstances described above would be up to $161.2$154.5 million, payable on July 15, 20192020 in addition to the scheduled lease payments due on July 15, 2019. In such event, PNM would record the acquired assets at the lowerthat date.
69

Table of their fair value or the amount paid.Contents


PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)


Land Easements and Rights-of-Ways

Many of PNM’s electric transmission and distribution facilities are located on lands that require the grant of rights-of-way from governmental entities, Native American tribes, or private parties. PNM has completed several renewals of rights-of-way, the largest of which is a renewal with the Navajo Nation. PNM is obligated to pay the Navajo Nation annual payments of $6.0 million, subject to adjustment each year based on the Consumer Price Index, through 2029. PNM’s April 20182020 payment for the amount due under the Navajo Nation right-of-way lease was $6.9$7.1 million, which included amounts due under the Consumer Price Index adjustment, and was used to determine PNM’s operating lease liability as of January 1, 2019 and is included in the table of future lease payments shown below.adjustment. Changes in the Consumer Price Index subsequent to January 1, 2019 are considered variable lease payments.

PNM has other prepaid rights-of-way agreements that are not accounted for as leases or recognized as a component of plant in service. PNM reflects the unamortized balance of these prepayments in other deferred charges on the Condensed Consolidated Balance Sheets and recognizes amortization expense associated with these agreements in the Condensed Consolidated Statement of Earnings over their term. As of March 31, 2020 and December 31, 2019, the unamortized balance of these rights-of-ways was $59.5 million and $60.2 million. During the three months ended March 31, 2020 and 2019, PNM recognized amortization expense associated with these agreements of $0.9 million and $0.9 million.

Fleet Vehicles and Equipment

As of December 31, 2018, all of the Company’s leases of fleet vehicles and equipment are classified as operating leases. Historically, the Company has utilized substantially all of the economic value of its fleet and equipment leases by the end of the lease term. The Company generally has the contractual ability to return its fleet vehicle and equipment leases to the lessor after one year provided the lessor can recover remaining amounts owed under the agreement from third-parties or through make-whole provisions in the contract but does not typically exercise this right. As a result, fleetFleet vehicle and equipment leases commencing on or after January 1, 2019 are classified as financing leases. Fleet vehicle and equipment leases existing as of December 31, 2018 are classified as operating leases. The Company’s fleet vehicle and equipment lease agreements include non-lease components for insignificant administrative and other costs that are billed over the life of the agreement. The Company has elected to combine these fees with the lease components of the agreement. Certain of the Company’s fleet vehicle and equipment leases contain residual value guarantees. At June 30, 2019,March 31, 2020, residual value guarantees on fleet vehicle and equipment leases are $0.5$0.7 million, $1.1$1.3 million, and $1.6$2.0 million for PNM, TNMP, and PNMR.

Other

The Company holds a number of office space and office equipment leases. The Company’s current office space leases, all of which existed as of December 31, 2018, are classified as operating leases. These agreements include non-lease components for costs such as common area maintenance fees, which the Company has elected to combine with the lease component of the agreements. Certain of the Company’s office space leases are held between the Company’s consolidated subsidiaries and have been eliminated on consolidation. See Note 15. The Company’s office equipment leases are primarily for copiers and other graphics equipment. The Company classifies its office equipment leases existing as of December 31, 2018 as operating leases. Office equipment leases commencing on or after January 1, 2019 are classified as financing leases.

Information related to the Company’s operating leases recorded on the Condensed Consolidated Balance Sheets including amounts recognized upon adoption of ASU 2016-02, is presented below:
 June 30, 2019 January 1, 2019
 PNM TNMP PNMR Consolidated PNM TNMP PNMR Consolidated
 (In thousands)
Operating leases:           
Operating lease assets, net of amortization$132,057
 $11,409
 $143,876
 $143,816
 $12,942
 $157,440
Current portion of operating lease liabilities24,092
 2,913
 27,396
 21,589
 3,132
 25,189
Long-term portion of operating lease liabilities107,741
 8,403
 116,464
 124,891
 9,787
 135,174


March 31, 2020December 31, 2019
PNMTNMPPNMR ConsolidatedPNMTNMPPNMR Consolidated
(In thousands)
Operating leases:
Operating lease assets, net of amortization$114,829  $9,271  $124,717  $120,585  $9,954  $131,212  
Current portion of operating lease liabilities26,727  2,624  29,693  25,927  2,753  29,068  
Long-term portion of operating lease liabilities88,686  6,459  95,573  97,992  7,039  105,512  

PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)


As discussed above, the Company classifies its fleet vehicle and equipment leases and its office equipment leases commencing on or after January 1, 2019 as financing leases. Information related to the Company’s financing leases recorded on the Condensed Consolidated Balance Sheets is presented below:
 June 30, 2019
 PNM TNMP PNMR Consolidated
 (In thousands)
Financing leases:     
Non-utility property$2,516
 $2,305
 $4,821
Accumulated depreciation(143) (139) (282)
Non-utility property, net$2,373
 $2,166
 $4,539
      
Other current liabilities$381
 $408
 $789
Other deferred credits1,678
 1,760
 3,438


Information concerning the weighted average remaining lease terms and the weighted average discount rates used to determine the Company’s lease liabilities is presented below:
March 31, 2020December 31, 2019
PNMTNMPPNMR ConsolidatedPNMTNMPPNMR Consolidated
(In thousands)
Financing leases:
Non-utility property$6,320  $7,712  $14,299  $4,857  $4,910  $10,028  
Accumulated depreciation(729) (756) (1,527) (482) (466) (973) 
Non-utility property, net5,591  6,956  12,772  4,375  4,444  9,055  
Other current liabilities975  1,255  2,298  722  850  1,637  
Other deferred credits4,316  5,706  10,182  3,333  3,597  7,102  
 June 30, 2019
 PNM TNMP PNMR Consolidated
Weighted average remaining lease term (In years):     
Operating leases6.75
 4.49
 6.55
Financing leases5.48
 5.45
 5.46
      
Weighted average discount rate:     
Operating leases3.87% 3.90% 3.87%
Financing leases4.22% 4.26% 4.24%
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Information for the components of lease expense is as follows:
 Three Months Ended June 30, 2019 Six Months Ended June 30, 2019
 PNM TNMP PNMR Consolidated PNM TNMP PNMR Consolidated
 (In thousands)
Operating lease cost:$6,803
 $815
 $7,692
 $14,386
 $1,713
 $16,312
Less: amounts capitalized(344) (662) (1,006) (696) (1,319) (2,015)
Total operating lease expense$6,459
 $153
 $6,686
 $13,690
 $394
 $14,297
Financing lease cost:           
Amortization of right-of-use assets77
 81
 158
 143
 139
 282
Interest on lease liabilities14
 17
 31
 30
 34
 64
Less: amounts capitalized(41) (38) (79) (82) (75) (157)
Total financing lease expense50
 60
 110
 91
 98
 189
            
Variable lease expense32
 
 32
 32
 
 32
Short-term lease expense75
 2
 101
 149
 5
 195
Total lease expense for the period$6,616
 $215
 $6,929
 $13,962
 $497
 $14,713


PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)



Supplemental cash flow information relatedInformation concerning the weighted average remaining lease terms and the weighted average discount rates used to determine the Company’s leaseslease liabilities as of March 31, 2020 is presented below:

PNMTNMPPNMR Consolidated
Weighted average remaining lease term (years):
Operating leases6.553.986.35
Financing leases5.535.685.57
Weighted average discount rate:
Operating leases3.92 %3.97 %3.92 %
Financing leases3.57 %3.52 %3.52 %

Information for the components of lease expense is as follows:
Three Months Ended March 31, 2020
PNMTNMPPNMR Consolidated
(In thousands)
Operating lease cost:$6,893  $774  $7,735  
Less: amounts capitalized(291) (634) (925) 
Total operating lease expense6,602  140  6,810  
Financing lease cost:
Amortization of right-of-use assets247  289  553  
Interest on lease liabilities45  56  103  
Less: amounts capitalized(175) (283) (458) 
Total financing lease expense117  62  198  
Variable lease expense32  —  32  
Short-term lease expense85   86  
Total lease expense for the period$6,836  $203  $7,126  
 Six Months Ended June 30, 2019
 PNM TNMP PNMR Consolidated
 (In thousands)
Cash paid for amounts included in the measurement of lease liabilities:     
Operating cash flows from operating leases$16,704
 $529
 $17,494
Operating cash flows from financing leases18
 20
 38
Finance cash flows from financing leases54
 76
 130
      
Non-cash information related to right-of-use assets obtained in exchange for lease obligations:     
Operating leases$143,816
 $12,942
 $157,440
Financing leases2,516
 2,305
 4,821


Excluded from the operating and financing cash paid for leases above are $0.7 million and $0.1 million at PNM, $1.3 million and $0.1 million at TNMP, and $2.0 million and $0.2 million at PNMR. These capitalized costs are reflected as investing activities on the Company’s Condensed Consolidated Statements of Cash Flows for the six months ended June 30, 2019.

Future expected lease payments as of June 30, 2019 and December 31, 2018 are shown below:
Three Months Ended March 31, 2019
PNMTNMPPNMR Consolidated
(In thousands)
Operating lease cost:$7,583  $898  $8,620  
Less: amounts capitalized(352) (657) (1,009) 
Total operating lease expense7,231  241  7,611  
Financing lease cost:
Amortization of right-of-use assets104  98  203  
Interest on lease liabilities16  17  32  
Less: amounts capitalized(38) (40) (78) 
Total financing lease expense82  75  157  
Variable lease expense—  —  —  
Short-term lease expense74   94  
Total lease expense for the period$7,387  $319  $7,862  
 
As of June 30, 2019

 PNM TNMP PNMR Consolidated
 Financing Operating Financing Operating Financing Operating
 (In thousands)
Remainder of 2019$281
 $10,529
 $305
 $2,014
 $586
 $12,877
2020470
 27,033
 511
 2,993
 982
 30,543
2021454
 26,499
 493
 2,398
 947
 29,152
2022437
 26,235
 475
 1,846
 912
 28,255
2023415
 17,457
 388
 1,281
 802
 18,879
Later years316
 42,328
 381
 1,151
 696
 43,490
Total minimum lease payments2,373
 150,081
 2,553
 11,683
 4,925
 163,196
Less: Imputed interest314
 18,248
 385
 367
 698
 19,336
Lease liabilities as of June 30, 2019$2,059
 $131,833
 $2,168
 $11,316
 $4,227
 $143,860
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 As of December 31, 2018
 Operating leases
 PNM TNMP PNMR Consolidated
 (In thousands)
2019$27,691
 $3,664
 $31,772
202027,000
 3,102
 30,404
202126,462
 2,324
 29,012
202226,217
 1,795
 28,175
202317,447
 1,279
 18,868
Later years42,329
 1,150
 43,489
Total minimum lease payments$167,146
 $13,314
 $181,720



PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)


Supplemental cash flow information related to the Company’s leases is as follows:

Three Months Ended March 31,Three Months Ended March 31,
20202019
PNMTNMPPNMR ConsolidatedPNMTNMPPNMR Consolidated
(In thousands)
Cash paid for amounts included in the measurement of lease liabilities:
Operating cash flows from operating leases$9,351  $166  $9,658  $9,452  $284  $9,891  
Operating cash flows from financing leases16   27  16  17  32  
Finance cash flows from financing leases80  51  147  25  33  58  
Non-cash information related to right-of-use assets obtained in exchange for lease obligations:
Operating leases$—  $—  $—  $143,816  $12,942  $157,440  
Financing leases1,463  2,802  4,272  1,635  1,268  2,904  

Excluded from the operating and financing cash paid for leases above are $0.3 million and $0.2 million at PNM, $0.6 million and $0.3 million at TNMP, and $0.9 million and $0.5 million at PNMR. These capitalized costs are reflected as investing activities on the Company’s Condensed Consolidated Statements of Cash Flows for the three months ended March 31, 2020 and 2019.

Future expected lease payments are shown below:
As of March 31, 2020
PNMTNMPPNMR Consolidated
FinancingOperatingFinancingOperatingFinancingOperating
(In thousands)
Remainder of 2020$861  $17,386  $1,111  $2,279  $2,027  $20,076  
20211,117  26,576  1,441  2,448  2,631  29,316  
20221,082  26,266  1,396  1,996  2,551  28,473  
20231,038  17,735  1,269  1,508  2,345  19,423  
2024712  7,908  1,074  877  1,786  8,833  
Later years1,008  34,466  1,367  765  2,375  35,488  
Total minimum lease payments5,818  130,337  7,658  9,873  13,715  141,609  
Less: Imputed interest527  14,924  697  790  1,235  16,343  
Lease liabilities as of March 31, 2020$5,291  $115,413  $6,961  $9,083  $12,480  $125,266  

The above tables include $8.6$9.9 million, $12.9$15.1 million, and $21.6$25.0 million for PNM, TNMP, and PNMR at June 30, 2019 and $7.5 million, $11.0 million, and $18.5 million for PNM, TNMP, and PNMR at DecemberMarch 31, 20182020 for expected future payments on fleet vehicle and equipment leases that could be avoided if the leasesleased assets were returned and the lessor is able to recover estimated market value for the equipment from third parties. The Company’s contractual commitments for leases that have not yet commenced are insignificant.

(14)Income Taxes

On(14)   Income Taxes

In December 22, 2017, comprehensive changes in United States federal income taxes were enacted through legislation commonly known as the Tax Cuts and Jobs Act (the “Tax Act”). The Tax Act made many significant modifications to the tax laws, including reducing the federal corporate income tax rate from 35% to 21% effective January 1, 2018. The Tax Act also eliminated federal bonus depreciation for utilities, limited interest deductibility for non-utility businesses and limited the deductibility of officer compensation. During 2018,2019, the IRS issued additional guidanceproposed regulations related to certain officer compensation as well asand proposed regulations on interest deductibility that provide a 10% “de minimis” exception that allows entities with
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PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)

predominantly regulated activities to fully deduct interest expenses. In addition, the IRS issued proposed regulations interpreting Tax Act amendments to depreciation provisions of the Internal Revenue CodeIRC that allow the Company to claim a bonus depreciation deduction on certain construction projects placed in service subsequent to the third quarter of 2017. See additional discussion of the impacts of the Tax Act in Note 18 of the Notes to Consolidated Financial Statements in the 20182019 Annual Reports on Form 10-K. On March 27, 2020, the Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”) was enacted. Among other things, the CARES Act includes tax provisions that generally loosen restrictions on NOL utilization and business interest deductions, and accelerate refunds of previously generated alternative minimum tax credits. In addition, the CARES Act includes a temporary provision allowing businesses to defer payments to the government for some payroll taxes. The CARES Act provisions related to NOL utilization and business interest deductions are not applicable for the Company, but the Company is evaluating its ability to accelerate refunds of previously generated alternative minimum tax credits and is deferring payments of certain payroll taxes.

Beginning February 2018, PNM’s NM 2016 Rate Case reflects the reduction in the federal corporate income tax rate, including amortization of excess deferred federal and state income taxes. In accordance with the order in that case, PNM is returning the protected portion of excess deferred federal income taxes that are being returned to customers over anthe average remaining life of twenty-three years; and reductionsplant in service as of December 31, 2017, the New Mexico corporateunprotected portion of excess deferred federal income tax rate, including amortizationtaxes to customers over a period of approximately twenty-three years, and excess deferred state income taxes that are being returned to customers over a three-year period.period of three years. The approved settlement in the TNMP 2018 Rate Case includes a reduction in customer rates to reflect the impacts of the Tax Act beginning on January 1, 2019. PNMR, PNM, and TNMP will amortize federal and state excess deferred income taxes of $30.3 million, $21.2 million, and $9.1 million in 2020. See additional discussion of PNM’s NM 2016 Rate Case and TNMP’s 2018 Rate Case in Note 12.

As required under GAAP, the Company makes an estimate of its anticipated effective tax rate for the year as of the end of each quarterly period within its fiscal year. In interim periods, income tax expense is calculated by applying the anticipated annual effective tax rate to year-to-date earnings before income taxes, which includes the earnings attributable to the Valencia non-controlling interest.taxes. GAAP also provides that certain unusual or infrequently occurring items, including excess tax benefits related to stock awards, be excluded from the estimated annual effective tax rate calculation. At June 30, 2019,March 31, 2020, PNMR, PNM, and TNMP estimated their effective income tax rates for the year ended December 31, 20192020 would be 8.93%8.63%, 11.20%11.28%, and 8.81%9.79%. The primary permanent difference between the statutory income tax rates and the effective tax rates is the effect of the reduction in income tax expense resulting from the amortization of excess deferred federal and state income taxes ordered by the NMPRC in PNM’s NM 2016 Rate Case and the amortization of excess deferred federal income taxes as ordered by the PUCT in TNMP’s 2018 Rate Case. During the three and six months ended June 30, 2019,March 31, 2020, income tax expense calculated by applying the expected annual effective income tax rate to earnings before income taxes was further reduced by excess tax benefits related to stock awards of $0.1 million and $0.8$0.4 million for PNMR, of which less than $0.1 million and $0.5$0.3 million was allocated to PNM and less than $0.1 million and $0.2 million was allocated to TNMP.

(15)   Related Party Transactions

(15)Related Party Transactions

PNMR, PNM, TNMP, and NMRD are considered related parties as defined under GAAP, as is PNMR Services Company, a wholly-owned subsidiary of PNMR that provides corporate services to PNMR and its subsidiaries in accordance with shared services agreements. These services are billed at cost on a monthly basis to the business units. In addition, PNMR provides construction and operations and maintenance services to NMRD, a 50% owned subsidiary of PNMR Development (Note 1), andDevelopment. PNM purchases renewable energy from certain NMRD-owned facilities at a fixed price per MWh of energy produced. PNM also provides interconnection services to PNMR Development (Note 9) and NMRD. See Note 16 for additional discussion of NMRD.



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PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)


The table below summarizes the nature and amount of related party transactions of PNMR, PNM, TNMP, and NMRD:
 Three Months Ended Six Months Ended
 June 30, June 30,
 2019 2018 2019 2018
 (In thousands)
Services billings:       
PNMR to PNM$22,925
 $22,471
 $49,751
 $46,150
PNMR to TNMP8,385
 8,058
 18,443
 16,423
PNM to TNMP114
 90
 189
 177
TNMP to PNMR36
 35
 71
 70
PNMR to NMRD54
 51
 95
 130
Renewable energy purchases:       
PNM from NMRD949
 1,004
 1,574
 1,374
Interconnection billings:       
PNM to NMRD
 2,052
 
 2,052
PNM to PNMR
 68,200
 
 68,200
Interest billings:       
PNMR to PNM972
 747
 1,905
 809
PNM to PNMR77
 70
 149
 136
PNMR to TNMP10
 13
 42
 22
Income tax sharing payments:       
PNMR to PNM
 
 
 
TNMP to PNMR
 
 
 


Three Months Ended
March 31,
20202019
(In thousands)
Services billings:
PNMR to PNM$22,123  $26,826  
PNMR to TNMP8,727  10,058  
PNM to TNMP76  75  
TNMP to PNMR35  35  
PNMR to NMRD76  41  
Renewable energy purchases:
PNM from NMRD1,519  625  
Interconnection billings:
PNM to NMRD220  —  
PNM to PNMR—  —  
Interest billings:
PNMR to PNM—  933  
PNM to PNMR81  72  
PNMR to TNMP 32  
Income tax sharing payments:
PNMR to PNM—  —  
TNMP to PNMR—  —  
(16)Goodwill

The excess purchase price over the fair value
(16)   Equity Method Investment

As discussed in Note 1 of the assets acquired and the liabilities assumed by PNMR for its 2005 acquisition of TNP was recorded as goodwill and was pushed down to the businesses acquired. In 2007, the TNMP assets that were included in its New Mexico operations, including goodwill, were transferred to PNM. PNMR’s reporting units that currently have goodwill are PNM and TNMP. Additional information concerning the Company’s goodwill is contained in Note 19 of Notes to Consolidated Financial Statements in the 2018Company's 2019 Annual Reports on Form 10-K.10-K, PNMR Development and AEP OnSite Partners created NMRD in September 2017 to pursue the acquisition, development, and ownership of renewable energy generation projects, primarily in the state of New Mexico. As of March 31, 2020, NMRD’s renewable energy capacity in operation was 85.1 MW. PNMR Development and AEP OnSite Partners each have a 50% ownership interest in NMRD. The investment in NMRD is accounted for using the equity method of accounting because PNMR’s ownership interest results in significant influence, but not control, over NMRD and its operations.

GAAP requiresIn the Companythree months ended March 31, 2020 and 2019, PNMR Development made cash contributions of $10.0 million and $7.0 million to evaluateNMRD to be used primarily for its goodwill for impairment annually at the reporting unit level or more frequently if circumstances indicate that the goodwill may be impaired. Applicationconstruction activities.

PNMR presents its share of the impairment test requires judgment, including the identification of reporting units, assignment of assets and liabilities to reporting units, and determination of the fair value of each reporting unit.

GAAP provides thatnet earnings from NMRD in certain circumstances an entity may perform a qualitative analysis to conclude that the goodwill of a reporting unit is not impaired. Under a qualitative assessment an entity considers macroeconomic conditions, industry and market considerations, cost factors, overall financial performance, other relevant entity-specific events affecting a reporting unit, as well as whether a sustained decrease (both absolute and relative to its peers) in share price has occurred. An entity considers the extent to which each of the adverse events and circumstances identified could affect the comparison of a reporting unit’s fair value with its carrying amount. An entity places more weightincome on the events and circumstances that most affect a reporting unit’s fair value or the carrying amountCondensed Consolidated Statements of its net assets. An entity also considers positive and mitigating events and circumstances that may affect its determinationEarnings. Summarized financial information for NMRD is as follows:

Results of Operations
Three Months Ended March 31,
20202019
(In thousands)
Operating revenues$1,667  $725  
Operating expenses1,580  796  
Net earnings (loss)$87  $(71) 

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Table of whether it is more likely than not that the fair value of a reporting unit is less than its carrying amount. An entity evaluates, on the basis of the weight of evidence, the significance of all identified events and circumstances in the context of determining whether it is more likely than not that the fair value of a reporting unit is less than its carrying amount. A quantitative analysis is not required if, after assessing the totality of events or circumstances, an entity determines that it is not more likely than not that the fair value of a reporting unit is less than its carrying amount.Contents

In other circumstances, an entity may perform a quantitative analysis to reach the conclusion regarding impairment with respect to a reporting unit. An entity may choose to perform a quantitative analysis without performing a qualitative analysis and may perform a qualitative analysis for certain reporting units, but a quantitative analysis for others. The first step of the quantitative

PNM RESOURCES, INC. AND SUBSIDIARIES
PUBLIC SERVICE COMPANY OF NEW MEXICO AND SUBSIDIARIES
TEXAS-NEW MEXICO POWER COMPANY AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)


Financial Position

March 31,December 31,
20202019
(In thousands)
Current assets$12,848  $7,187  
Net property, plant, and equipment137,763  132,772  
Non-current assets1,548  —  
Total assets152,159  139,959  
Current liabilities1,392  9,640  
Non-current liabilities362  —  
Owners’ equity$150,405  $130,319  
impairment test requires an entity to compare the fair value
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Table of the reporting unit with its carrying value, including goodwill. If as a result of this analysis, the entity concludes there is an indication of impairment in a reporting unit having goodwill, GAAP currently requires the entity to perform the second step of the impairment analysis, determining the amount of goodwill impairment to be recorded. The amount is calculated by comparing the implied fair value of the goodwill to its carrying amount. This exercise would require the entity to allocate the fair value determined in step one to the individual assets and liabilities of the reporting unit. Any remaining fair value would be the implied fair value of goodwill on the testing date. To the extent the recorded amount of goodwill of a reporting unit exceeds the implied fair value determined in step two, an impairment loss would be reflected in results of operations. As further discussed under New Accounting Pronouncements in Note 1, a new accounting pronouncement changes how a goodwill impairment is determined by eliminating the second step of the quantitative impairment analysis.Contents

For its annual evaluations performed as of April 1, 2018, PNMR performed a quantitative analysis for the PNM reporting unit and a qualitative analysis for the TNMP reporting unit. For the quantitative analyses, a discounted cash flow methodology was primarily used to estimate the fair value of the PNM reporting unit. This analysis requires significant judgments, including estimation of future cash flows, which is dependent on internal forecasts, estimation of long-term growth rates for the business, and determination of appropriate weighted average cost of capital for the reporting unit. Changes in these estimates and assumptions could materially affect the determination of fair value and the conclusion of impairment. The April 1, 2018 quantitative evaluations indicated the fair value of the PNM reporting unit, which has goodwill of $51.6 million, exceeded its carrying value by approximately 19%. The 2018 qualitative analysis for the TNMP reporting unit was performed by considering changes in expectations of future financial performance since the April 1, 2016 quantitative analysis that indicated the fair value of the TNMP reporting unit, which has goodwill of $226.7 million, exceeded its carrying value by approximately 32% as well as by considering the results of the April 1, 2017 qualitative analysis. The 2018 analysis considered events specific to TNMP such as the potential impacts of legal and regulatory matters discussed in Note 11 and Note 12. Both the PNM quantitative analysis and the TNMP qualitative analysis considered market and macroeconomic factors including changes in growth rates, changes in the WACC, and changes in discount rates. The Company also evaluated its stock price relative to historical performance, industry peers, and to major market indices, including an evaluation of the Company’s market capitalization relative to the carrying value of its reporting units. Based on an evaluation of these and other factors, the Company determined it was not more likely than not that the April 1, 2018 carrying values of PNM or TNMP exceed their fair values.

For its annual evaluations performed as of April 1, 2019, PNMR performed qualitative analyses for both the PNM and TNMP reporting units. The qualitative analysis was performed by considering changes in the Company’s expectations of future financial performance since the April 1, 2018 quantitative analysis performed for PNM, as well as the quantitative analysis performed for TNMP at April 1, 2016 and the qualitative analyses through April 1, 2018. This analysis considered Company specific events such as the potential impacts of legal and regulatory matters discussed in Note 11 and Note 12, including potential outcomes in PNM’s SJGS Abandonment Application, the impacts of the NM Supreme Court’s decision in the appeal of the NM 2015 Rate Case, and other potential impacts of changes in PNM’s resource needs based on PNM’s 2017 IRP. The qualitative analysis also considered market and macroeconomic factors including changes in growth rates, changes in the WACC, and changes in discount rates. The Company also evaluated its stock price relative to historical performance, industry peers, and to major market indices, including an evaluation of the Company’s market capitalization relative to the carrying value of its reporting units. Based on an evaluation of these and other factors, the Company determined it was not more likely than not that the April 1, 2019 carrying values of PNM or TNMP exceeded their fair values.

PNMR periodically updates its quantitative analysis for both PNM and TNMP. The use of a quantitative approach in a given period in not necessarily an indication that a potential impairment has been identified under a qualitative approach. The annual evaluations performed as of April 1, 2019 and 2018 did not indicate impairments of the goodwill of any of PNMR’s reporting units. Since the April 1, 2019 annual evaluation, there have been no indications that the fair values of the reporting units with recorded goodwill have decreased below their carrying values.

ITEM 2. MANAGEMENT’S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS

The following Management’s Discussion and Analysis of Financial Condition and Results of Operations for PNMR is presented on a combined basis, including certain information applicable to PNM and TNMP. The MD&A for PNM and TNMP is presented as permitted by Form 10-Q General Instruction H(2). This report uses the term “Company” when discussing matters of common applicability to PNMR, PNM, and TNMP. A reference to a “Note” in this Item 2 refers to the accompanying Notes to Condensed Consolidated Financial Statements (Unaudited) included in Item 1, unless otherwise specified. Certain of the tables below may not appear visually accurate due to rounding.

MD&A FOR PNMR

EXECUTIVE SUMMARY
Overview and Strategy

PNMR is a holding company with two regulated utilities serving approximately 785,000791,000 residential, commercial, and industrial customers and end-users of electricity in New Mexico and Texas. PNMR’s electric utilities are PNM and TNMP.
Strategic Goals
PNMR is focused on achieving three key strategic goals:

Earning authorized returns on regulated businesses
Delivering at or above industry-average earnings and dividend growth
Maintaining solid investment grade credit ratings

In conjunction with these goals, PNM and TNMP are dedicated to:

Maintaining strong employee safety, plant performance, and system reliability
Delivering a superior customer experience
Demonstrating environmental stewardship in business operations, including transitioning to an emissions-free generating portfolio by 2040
Supporting the communities in their service territories

Earning Authorized Returns on Regulated Businesses

PNMR’s success in accomplishing its strategic goals is highly dependent on two key factors: fair and timely regulatory treatment for its utilities and the utilities’ strong operating performance. The Company has multiple strategies to achieve favorable regulatory treatment, all of which have as their foundation a focus on the basics: safety, operational excellence, and customer satisfaction, while engaging stakeholders to build productive relationships. Both PNM and TNMP seek cost recovery for their investments through general rate cases, interim cost of service filings, and various rate riders.

Fair and timely rate treatment from regulators is crucial to PNM and TNMP in earning their allowed returns and critical for PNMR to achieve its strategic goals. PNMR believes that earning allowed returns is viewed positively by credit rating agencies and that improvements in the Company’s ratings could lower costs to utility customers.

Additional information about rate filings is provided in Note 17 of the Notes to Consolidated Financial Statements in the 20182019 Annual Reports on Form 10-K and in Note 12.

State Regulation

The rates PNM and TNMP charge retail customers are subject to traditional rate regulation by the NMPRC, FERC, and the PUCT.

New Mexico 2015 Rate Case – On September 28, 2016, the NMPRC issued an order that authorized PNM to implement an increase in base non-fuel rates of $61.2 million for New Mexico retail customers, effective for bills sent after September 30, 2016. This order was on PNM’s application for a general increase in retail electric rates (the “NM 2015 Rate Case”) filed in August 2015. PNM’s application requested an increase in base non-fuel revenues of $121.5 million based on a future test year (“FTY”) beginning October 1, 2015.

On September 28, 2016, the NMPRC issued anThe NMPRC's order in the case that included a determination that PNM was imprudent in purchasing 64.1 MW of previouslycertain leased capacity in PVNGS Unit 2, extending the leases for 114.6 MW ofother PVNGS leased capacity, of PVNGS Units 1 and 2, and installing BDT environmental controls equipment on SJGS Units 1 and 4. Major componentsSJGS.
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PNM appealed the difference between the increase in non-fuel revenues approved in the order and PNM’s request, included:

A ROE of 9.575%, comparedNMPRC's imprudence findings to the 10.5% requested by PNM
Inclusion of the January 2016 purchase of the assets underlying three leases of capacity, totaling 64.1 MW of PVNGS Unit 2 at an initial rate base value of $83.7 million, compared to PNM’s request for recovery of the fair market value purchase price of $163.3 million; and disallowance of the recovery of the undepreciated costs of capitalized improvements made during the period the 64.1 MW was being leased by PNM, which costs totaled $43.8 million when the order was issued
Disallowance of recovery of the costs associated with converting SJGS Units 1 and 4 to BDT, which is required by the NSR permit for SJGS; PNM’s share of the costs of installing the BDT equipment was $52.3 million, $40.0 million of which PNM requested be included in rate base in the NM 2015 Rate Case
Disallowance of the recovery of any future contributions for PVNGS decommissioning costs related to the 64.1 MW of capacity in PVNGS Unit 2 purchased in January 2016 and the 114.6 MW of the leased capacity in PVNGS Units 1 and 2 that were extended for eight years beginning January 15, 2015 and 2016 (Note 13)

On September 30, 2016, PNM filed a notice of appeal with the NM Supreme Court regarding the order in the NM 2015 Rate Case.Court. Specifically, PNM appealed the NMPRC’s determination that PNM was imprudent in certain matters in the case, including the disallowance of the full purchase price of the 64.1 MW of capacity in PVNGS Unit 2, the undepreciated costs of capitalized improvements made during the period the 64.1 MW of capacity was leased by PNM, the costs of converting SJGS Units 1 and 4 to BDT, and future contributions for PVNGS decommissioning attributable to 64.1 MW of purchased capacity and the 114.6 MW of capacity under the extended leases. NEE, NMIEC, and ABCWUA filed notices of cross-appeal to PNM’s appeal. The issues appealed by the various cross-appellants included, among other things, the NMPRC allowing PNM to recover any of the costs of the lease extensions for the 114.6 MW of PVNGS Units 1 and 2 and any of the purchase price for the 64.1 MW in PVNGS Unit 2, as well as the costs incurred under the Four Corners CSA and the inclusion of the “prepaid pension asset” in rate base.

During the pendency of the appeal, PNM evaluated the accounting consequences of the order in the NM 2015 Rate Case and the related appeals to the NM Supreme Court as required under GAAP. These evaluations indicated that it was reasonably possible that PNM would be successful on the issues it was appealing but would not be provided capital cost recovery until the NMPRC acted on a decision of the NM Supreme Court. PNM also evaluated the accounting consequences of the issues being appealed by the cross-appellants and concluded that the issues raised in the cross-appeals did not have substantial merit.

In accordance with GAAP, PNM periodically updated its estimate of the amount of time necessary for the NM Supreme Court to render a decision and for the NMPRC to take action on any remanded issues. As a result of these evaluations, through March 31, 2019, PNM recorded accumulated pre-tax impairments of its capital investments subject to the appeal in the amount of $19.7 million.

On May 16, 2019, the NM Supreme Court issued its decision on the matters that had been appealed in the NM 2015 Rate Case. The NM Supreme Court rejected the matters appealed by the cross-appellants andupheld all but one of the matters appealed by PNM, and affirmeddecisions in the NMPRC’s disallowance of a portion of the purchase price of the 64.1 MW of capacity in PVNGS Unit 2, the undepreciated costs of capital improvements made during the time that the 64.1 MW capacity was leased by PNM, and the costs to install BDT at SJGS Units 1 and 4. The NM Supreme Court ruled that the NMPRC’sNMPRC's order except for their decision to permanently disallow recovery of future decommissioning costs related to the 64.1 MW of PVNGS Unit 2purchased and the 114.6 MW of PVNGS Units 1 and 2,extended leases because PNM was deprived PNM of its rights to due process of law and remanded the case to the NMPRC for further proceedings consistent with the Court’s findings. On July 17, 2019,proceedings. In January 2020, the NMPRC heard oral argument from partiesissued its order in the case. At oral argument, parties presented various positions ranging from re-litigating the value of PVNGS resources determined by the NMPRC and affirmed byresponse to the NM Supreme CourtCourt’s remand that reaffirmed its September 2016 order except for the decision to re-affirming the NMPRC’s final order with a single modification to addresspermanently disallow recovery of certain future PVNGS decommissioning costs related to PVNGS Units 1 and 2. The NMPRC indicated that PNM’s ability to recover these costs will be addressed in a future case. PNM cannot predictproceeding and closed the outcome of this matter.NM 2015 Rate Case docket.

As a result of the NM Supreme Court’s ruling, PNM recorded a pre-tax impairment of $149.3 million as of June 30, 2019 which is reflected as regulatory disallowances and restructuring costs in the Condensed Consolidated Statements of Earnings. The

impairmentThis amount reflects capital costs not previously impaired during the pendency of the appeal related to PNM's purchase of 64.1 MW, in PVNGS Unit 1, undepreciated capital improvements made during the period such interests had been leased, and investments in BDT environmental controls equipment on SJGS Units 1 and 4. The impairment was offset by tax impacts of $45.7 million which are reflected as income taxes on the Condensed Consolidated Statements of Earnings. See Note 12.

New Mexico 2016 Rate Case OnIn January 16, 2018, the NMPRC issued an orderapproved a settlement agreement that authorized PNM to implement an increase in base non-fuel rates of $10.3 million. PNM implemented 50% of the approved increase for service rendered, rather than bills sent, beginning February 1, 2018 and implemented the rest of the increase for service rendered beginning January 1, 2019. This order was on PNM’s application for a general increase in retail electric rates (the “NM 2016 Rate Case”) filed in December 2016. PNM’s December 2016 application requested an increase in base non-fuel revenues of $99.2 million based on a FTY beginning January 1, 2018. The primary drivers of PNM’s revenue deficiency included implementation of modifications to PNM’s resource portfolio, which were approved by the NMPRC in December 2015 as part of the SJGS regional haze compliance plan, infrastructure investments, including environmental upgrades at Four Corners, declines in forecasted energy sales due to successful energy efficiency programs and other economic factors, and updates to FERC/retail jurisdictional allocations.

After extensive settlement negotiations and public proceedings, the NMPRC issued a Revised Order Partially Adopting Certification of Stipulation dated January 10, 2018 (the “Revised Order”). The key terms of the Revised Order include:

A revenue increase totaling $10.3 million, which includes a reduction to reflect the impact of the decrease in the federal corporate income tax rate and updates to PNM’s cost of debt (aggregating an estimated $47.6 million annually). This order was on PNM's application for a general increase in retail electric rates filed in December 2016 (the "NM 2016 Rate Case"). The key terms of the order include:

A ROE of 9.575% compared
A requirement to the 10.125% requested by PNM
Returningreturn to customers over a three-year period the benefit of the reduction in the New Mexico corporate income tax rate to the extent attributable to PNM’s retail operations (Note 14)
DisallowingA disallowance of PNM’s ability to collect an equity return on certain investments aggregating $148.1 million at Four Corners, but allowing recovery of a debt-only return
An agreement to not implement non-fuel base rate changes, other than changes related to PNM’s rate riders, with an effective date prior to January 1, 2020
A decisionrequirement to defer future consideration regardingconsider the prudency of PNM’s decision to continue its participation in Four Corners to a future proceedingin PNM's next general rate case filing

PNM implemented 50% of the approved increase for service rendered beginning February 1, 2018 and implemented the rest of the increase for service rendered beginning January 1, 2019. This matter is now concluded.

TNMP 2018 Rate Case – On December 20, 2018, the PUCT approved a settlement stipulation allowing TNMP to increase annual base rates by $10.0 million based on a ROE of 9.65%, a cost of debt of 6.44%, and a capital structure comprised of 55% debt and 45% equity. Under the approved settlement stipulation TNMP was granted authority to integrate revenues previously recorded under the AMS rider, as well as other unrecovered AMS costs, into base rates; establish a new rider to recover Hurricane Harvey restoration costs, net of amounts owed to customers as a result of the reduction in the federal corporate income tax rate in 2018; and to update depreciation rates. In addition, the approved settlement stipulation allows TNMP to refund the regulatory liability recorded at December 31, 2017 related to federal tax reform to customers and reflects the reduction in the federal corporate income tax rate to 21%. New rates under the TNMP 2018 Rate Case became effective January 1, 2019.

TNMP’s original application, which was filed with the PUCT on May 30, 2018, requested an annual increase to base rates of $25.9 million based on a ROE of 10.5%, a cost of debt of 7.2%, and a capital structure comprised of 50% debt and 50% equity.

Advanced Metering TNMP completed its mass deployment of advanced meters across its service territory in 2016 and has installed more than 242,000 advanced meters. As discussed above, beginningBeginning in 2019 the majority of costs associated with TNMP’s AMS program are being recovered through base rates.

In February 2016, PNM filed an application with the NMPRC requesting approval of a project to replace its existing customer metering equipment with Advanced Metering Infrastructure (“AMI”), which was denied. As ordered by the NMPRC, PNM’s next2020 filing for energy efficiency plan filing will includeprograms to be offered in 2021, 2022, and 2023 includes a proposal for an AMI pilot project.

Rate Riders and Interim Rate Relief The PUCT has approved mechanisms that allow TNMP to recover capital invested in transmission and distribution projects without having to file a general rate case. The NMPRC has approved PNM recovering fuel costs through the FPPAC, as well as rate riders for renewable energy and energy efficiency. These mechanisms
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allow for more timely recovery of investments.



Cost Recovery Related to Joining the EIM – In 2018, PNM completedOn April 6, 2020, TNMP filed its first application for a cost-benefit analysisperiodic distribution rate adjustment (the "2020 DCOS"). TNMP's 2020 DCOS application requests an increase in annual distribution revenues of $14.7 million and that indicated PNM’s participation in the California Independent System Operator (“CAISO”) Western Energy Imbalance Market (“EIM”) would provide substantial benefits to retail customers. In August 2018, PNM filed an application with the NMPRC requesting, among other things, to recover the cost of initial capital investments and authorization to establish a regulatory asset to recover other expenses that would be incurred in order to join the EIM. PNM’s application proposed recovery of the costs incurred to join the EIM beginning on the effective date of new rates go into effect beginning in PNM’s next general rate case and thatSeptember 2020. See Note 12. TNMP cannot predict the benefitsoutcome of participating in the EIM be credited to retail customers through PNM’s existing FPPAC. In December 2018, the NMPRC issued an order approving the establishment of a regulatory asset to recover PNM’s cost of joining the EIM, which was subsequently vacated based on challenges by certain parties. In March 2019, the NMPRC issued a revised order approving the Hearing Examiner’s recommendation to defer certain rate making issues, including but not limited to implementation and ongoing EIM costs and savings, the prudence and reasonableness of costs included in a regulatory asset, and the period over which costs would be charged to customers until PNM’s next general rate case filing. In April 2019, the NMPRC issued an order clarifying that the CAISO quarterly benefits reports may be used to support the benefits of participating in the EIM. PNM anticipates it will begin participating in the EIM in April 2021.this matter.


FERC Regulation

Rates PNM charges wholesale transmission customers and wholesale generation customers are subject to traditional rate regulation by FERC. Rates charged to wholesale electric transmission customers are based on a formula rate mechanism pursuant to which rates for wholesale transmission service are calculated annually in accordance with an approved formula. The formula includes updating cost of service components, including investment in plant and operating expenses, based on information contained in PNM’s annual financial report filed with FERC, as well as including projected transmission capital projects to be placed into service in the following year. The projections included are subject to true-up. Certain items, including changes to return on equity and depreciation rates, require a separate filing to be made with FERC before being included in the formula rate.

OnIn May 10, 2019, PNM filed an application with FERC requesting approval to transmit energy generated from new wind generation facilities usingpurchase a new 165-mile long 345 kV345-kV transmission line and related facilities (the “Western Spirit Line”). Under related agreements, which are subjectPNM will provide transmission service to NMPRC and FERC approval, the Western Spirit Line will be purchased by PNM to serve approximately 800 MW of new wind generation to be located in eastern New Mexico beginning in 2021. FERC approved PNM’s request to provide transmission to the facilities2021 using an incremental rate based on constructionrate. All necessary regulatory approvals for PNM to purchase and other ongoing costs for the line, including adjustments for construction costs funded by the customer, effective July 9, 2019. Approval of PNM’s planned purchase ofprovide transmission service from the Western Spirit Line is pending. PNM cannot predict the outcome of this matter. See Note 12.have been obtained.

The low natural gas price environment resulted in market prices for power being substantially lower than what PNM is able to offer wholesale generation customers under the cost of service model that FERC requires PNM to use.  Consequently, PNM decided to stop pursuing wholesale generation contracts and currently has no full-requirements wholesale generation customers.
Delivering At or Above Industry-Average Earnings and Dividend Growth
PNMR’s strategic goal to deliver at or above industry-average earnings and dividend growth enables investors to realize the value of their investment in the Company’s business. PNMR’s current target is 5% to 6% earnings and dividend growth for the period 20192020 through 2023. Earnings growth is based on ongoing earnings, which is a non-GAAP financial measure that excludes from GAAP earnings certain non-recurring, infrequent, and other items that are not indicative of fundamental changes in the earnings capacity of the Company’s operations. PNMR uses ongoing earnings to evaluate the operations of the Company and to establish goals, including those used for certain aspects of incentive compensation, for management and employees.
PNMR targets a dividend payout ratio in the 50% to 60% range of its ongoing earnings. PNMR expects to provide at or above industry-average dividend growth in the near-term and to manage the payout ratio to meet its long-term target. The Board will continue to evaluate the dividend on an annual basis, considering sustainability and growth, capital planning, and industry standards. The Board approved the following increases in the indicated annual common stock dividend:

Approval DatePercent Increase
December 201510%
December 201610%
December 20179%
December 20179%
December 201899%
December 2019%6%


Maintaining Solid Investment Grade Credit Ratings
The Company is committed to maintaining solid investment grade credit ratings in order to reduce the cost of debt financing and to help ensure access to credit markets, when required. See the subheading Liquidity included in the full discussion of Liquidity and Capital Resources below for the specific credit ratings for PNMR, PNM, and TNMP. Currently, allOn April 6, 2020, S&P downgraded the ratings for PNMR, PNM, and TNMP one notch and affirmed TNMP's first mortgage bond rating. All of the credit ratings issued by both Moody’s and S&P on the Company’s debt arecontinue to be investment grade.

Business and Strategic Focus

PNMR strives to create enduring value for customers, communities, and shareholders. PNMR’s strategy and decision-making are focused on safely providing reliable, affordable, and environmentally responsible power. The Company works closely with customers,its stakeholders legislators, and regulators to ensure that resource plans and infrastructure investments benefit from robust public dialogue and balance the diverse needs of our communities. Equally important is the focus of PNMR’s utilities on customer satisfaction and community engagement.

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Safe, Reliable, and Affordable Power
PNMR and its utilities are aware of the important roles they play in enhancing economic vitality in their service territories. Management believes that maintaining strong and modern electric infrastructure is critical to ensuring reliability and supporting economic growth. When contemplating expanding or relocating their operations, businesses consider energy affordability and reliability to be important factors. PNM and TNMP strive to balance service affordability with infrastructure investment to maintain a high level of electric reliability and to deliver a safe and superior customer experience. Investing in PNM’s and TNMP’s infrastructure is critical to ensuring reliability and meeting future energy needs. Both utilities have long-established records of providing customers with safe and reliable electric service.

In early 2020, the novel coronavirus ("COVID-19"), resulted in President Trump declaring a pandemic in the U.S. The Company is closely monitoring developments and is taking steps to mitigate the potential risks related to the COVID-19 pandemic. The Company has assessed and updated its existing business continuity plans in response to the impacts of the pandemic through crisis team meetings and working with other utilities and operators. It has identified its critical workforce, staged backups and limited access to control rooms and critical assets. The Company has worked to protect the safety of its employees using a number of measures, including minimizing exposure to other employees and the public and mandating work-from-home and flexible arrangements for all applicable job functions. The Company is also working with its suppliers to understand the potential impacts to its supply chain and remains focused on the integrity of its information systems and other technology systems used to run its business. However, the Company cannot predict the extent or duration of the outbreak, its effects on the global, national or local economy, or on the Company's financial position, results of operations, and cash flows. The Company will continue to monitor developments related to COVID-19 and will remain focused on protecting the health and safety of its customers, employees, contractors, and other stakeholders, and on its objective to provide safe, reliable, affordable and environmentally responsible power. As discussed in Note 12, both PNM and TNMP have suspended disconnecting certain customers for past due bills and waived late fees during the pandemic and are seeking or have been provided regulatory mechanisms to recover these and other costs resulting from COVID-19. See additional discussion below regarding the Company's customer, community, and stakeholder engagement in response to COVID-19 and in Item 1A. Risk Factors.

Utility Plant and Strategic Investments

Utility Plant Investments – During the 20162017 to 20182019 period, PNM and TNMP together invested $1,501.7 million$1.5 billion in utility plant, including substations, power plants, nuclear fuel, and transmission and distribution systems. During 2018 and 2019, PNM will constructconstructed an additional 50 MW of PNM-owned solar-PV facilities, which were approved by the NMPRC in PNM’s 2018 renewable energy procurement plan. The 50 MW solar-PV facilities are expected to be placed in commercial operations by December 2019 at a cost not to exceed $73.0 million. In late 2018, PNM became the first utility to install a new type of protective relay on its high-voltage transmission lines, which help to ensure the reliability of PNM’s electrical system. On May 1, 2019, PNM executed an agreement to purchase the Western Spirit Line, subject to NMPRCwhich has been approved by FERC and FERC approval.the NMPRC. Under the agreement, subject to certain conditions being met prior to closing, PNM will purchase the Western Spirit Line upon its expected commercial operation date in 2021 at a net cost including customer reimbursements, of approximately $285 million.million, including customer reimbursements. PNM’s SJGS Abandonment Application requests NMPRC approval of a replacement resource scenario that would result in PNM investing approximately $298 million to construct and own a new 280 MW gas-fired generation facility to be located at the existing SJGS site, 70 MW of battery storage facilities, and other transmission upgrades to replace PNM’s capacity in SJGS. See the subheading Capital Requirements included in the full discussion of Liquidity and Capital Resources below for additional discussion of the Company’s projected capital requirements.

Strategic Investments – In 2017, PNMR Development and AEP OnSite Partners created NMRD to pursue the acquisition, development, and ownership of renewable energy generation projects, primarily in the state of New Mexico. Abundant renewable resources, large tracts of affordable land, and strong government and community support make New Mexico a favorable location for renewable generation. New Mexico hasranks 3rd in the 2nd highest technicalnation for energy potential from solar power according to the Nebraska Department of Energy & Energy Sun Index and ranks 3rd in the 48 contiguous states for utility scale solar photovoltaics as noted in 2015 by the National Renewable Energy Laboratory, while New Mexico is 6th for technical potentialnation for land-based wind.wind capacity according to the U.S. Office of Energy Efficiency and Renewable Energy. PNMR Development and AEP OnSite Partners each have a 50% ownership interest in NMRD. Through NMRD, PNMR anticipates being able to provide additional renewable generation solutions to customers within and surrounding its regulated jurisdictions through partnering with a subsidiary of one of the United States’ largest electric utilities. The formationAs of this joint venture provides a more efficient use of PNMR’s capital to support new renewable investment opportunities while maintaining the necessary capital to support investments required by regulated jurisdictions.March 31, 2020, NMRD’s current renewable energy capacity in operation is 33.9was 85.1 MW, which includes 3080 MW of solar-PV facilities required to supply energy to the Facebook data center located within PNM’s service territory, 1.9 MW to supply energy to Columbus Electric Cooperative located in southwest New Mexico, and 2.0 MW to supply energy to the Central New Mexico Electric Cooperative. In July 2019, NMRD entered into agreements to provide power fromCooperative, and 1.2 MW of solar-PV facilities which are expected to be placed in commercial operation in the second half of 2019,supply energy to the City of Rio Rancho, New Mexico. In August 2018, theThe NMPRC has approved PNM’s request to enter into twoan additional

25-year PPAsPPA to purchase renewable energy and RECs from an aggregate of approximately 10050 MW of capacity from two solar-PV facilities to be constructed by NMRD to supply power to the Facebook data center. These facilities are expected to be inbegin commercial operation by June 2020.See Note 12. NMRD actively explores opportunities for additional renewable projects, including large-scale projects to serve future data centers and other customer needs.

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Integrated Resource Plan

NMPRC rules require that investor-owned utilities file an IRP every three years. The IRP is required to cover a 20-year20-year planning period and contain an action plan covering the first four years of that period.

PNM filed its 2017 IRP on July 3, 2017. The 2017 IRP analyzed several scenarios utilizing assumptions that PNM continues service from its SJGS capacity beyond mid-2022 and that PNM retires its capacity after mid-2022. Key findings of the 2017 IRP include:

Retiringincluded, among other things, that retiring PNM’s share of SJGS in 2022 after the expiration of the current operating and coal supply agreementsexiting ownership in Four Corners in 2031 would provide long-term cost savings for PNM’s customers
PNM exiting its ownership interest in Four Corners after its current coal supply agreement expires in 2031 would also provide long-term cost savings for customers
The and that the best mix of new resources to replace the retired coal generation would include solar energy and flexible natural gas-fired peaking capacity; the mix could includecapacity as well as energy storage, if the economics support it, and wind energy provided additional transmission capacity becomes available
Significant increases in future wind energy supplies will likely require new transmission capacity to be built from eastern New Mexico to PNM’s service territory
available. The 2017 IRP also indicated that PNM should retain the currently leased capacity in PVNGS, which would avoid replacement with carbon-emitting generation
PNM should continue to develop and implement energy efficiency and demand management programs
PNM should assess the costs and benefits of participating in the California Independent System Operator Western Energy Imbalance Market
PNM should analyze its current Reeves Station to consider possible technology improvements to phase out the older generators and replace them with new, more flexible supplies or energy storage

In December 2018, the NMPRC issued an order accepting PNM’s 2017 IRP as compliant with applicable statute and NMPRC rules. In January 2019, The Board of the County of Commissioners for San Juan County, New Mexico, the City of Farmington, New Mexico, and other parties filed a Notice of Appeal with the NM Supreme Court regarding the NMPRC’s final order in PNM’s 2017 IRP. In addition, NEE submitted a motion requesting the NMPRC reconsider its acceptance of PNM’s 2017 IRP filing alleging informational inadequacy and deficiencies in PNM’s filing, which was deemed denied. In February 2019, NEE filed a motion with the NM Supreme Court to intervene in the appeal and to seek remand of the matter to the NMPRC. The NM Supreme Court denied NEE’s motion to remand the case and, subsequent to a motion by parties, dismissed the appeal.

PVNGS. See additional discussion regarding PNM’s leased capacity in PVNGS in Note 13, including PNM's June 15, 2020 deadline to provide irrevocable notice of its intent to purchase or return the assets underlying the extended PVNGS Units 1 and 2 leases, as well as PNM’s 2017 IRP and PNM’s July 1, 2019the SJGS Abandonment Application below and in Note 12.

In the third quarter of 2019, PNM initiated its 2020 IRP process which will cover the 20-year planning period from 2019 through 2039. Consistent with historical practice, PNM has provided notice to various interested parties and has hosted a series of public advisory presentations. NMPRC rules require PNM to file its 2020 IRP in July 2020. In March 2020, PNM filed a request to extend the deadline to file its 2020 IRP until six months after the NMPRC issues a final order approving replacement resources PNM's SJGS Abandonment Application. In April 2020, the NMPRC approved PNM's request for extension. PNM will continue to seek input from interested parties as a part of this process. PNM cannot predict the outcome of this matter.

Environmentally Responsible Power
PNMR has a long-standing record of environmental stewardship. PNM’s environmental focus is in three key areas:

Developing strategies to provide reliable and affordable power while transitioning to a 100% emissions-free generating portfolio by 2040
Preparing PNM’s system to meet New Mexico’s increasing renewable energy requirements as cost-effectively as possible
Increasing energy efficiency participation

PNMR’s Sustainability Portal provides key environmental and sustainability information related to PNM’s and TNMP’s operations and is available at http://www.pnmresources.com/about-us/sustainability-portal.aspx. The portal also contains a Climate Change Report, which outlines plans for PNM to be coal-free by 2031 (subject to regulatory approval). and to have an emissions-free generating portfolio by 2040.


The Energy Transition Act (“ETA”)

On June 14, 2019, Senate Bill 489, known as the ETA, became effective. Prior to the enactment of the ETA, the REA established a mandatory RPS requiring utilities to acquire a renewable energy portfolio equal to 10% of retail electric sales by 2011, 15% by 2015, and 20% by 2020. The ETA amends the REA and requires utilities operating in New Mexico to have renewable portfolios equal to 20% by 2020, 40% by 2025, 50% by 2030, 80% by 2040, and 100% zero-carbon energy by 2045. The ETA also amends sections of the REA to allow for the recovery of undepreciated investments and decommissioning costs related to qualifying EGUs that the NMPRC has required be removed from retail jurisdictional rates, provided replacement resources to be included in retail rates have lower or zero-carbon emissions. The ETA provides for a transition from fossil-fueled generating resources to renewable and other carbon-free resources by allowing utilities to issue securitized bonds, or “energy transition bonds,” related to the retirement of certain coal-fired generating facilities to qualified investors. Proceeds from the energy transition bonds must be used to provide utility service to customers and for other costs as defined by the ETA. These costs may include coal mine and plant decommissioning that have not yet been charged to customers. Proceeds from energy transition bonds may also be used to fund severances to employees of the retired facility and related coal mine, and to promote economic development, education and job training in areas impacted by the retirement of the coal-fired facilities. The ETA requires the NMPRC to prioritize replacement resources in a manner intended to mitigate the economic impact to communities affected by these plant retirements. See additional discussion of the ETA in Note 16 of the Notes to Consolidated Financial Statements in the 2019 Annual Reports on Form 10-K and below in PNM’s SJGS Abandonment Application in Notes 11 and 12.Application.

PNM expects the ETA will have a significant impact on PNM’s future generation portfolio, including PNM’s planned retirement of SJGS in 2022. PNM cannot predict the full impact of the ETA or the outcome of its pending and potential future generating resource abandonment and replacement filings with the NMPRC.

SJGS

SJGS Abandonment Application – As discussed in Note 16 of the Notes to the Consolidated Financial Statements in the 2018 Annual Reports12, on Form 10-K, PNM submitted the December 2018 Compliance Filing to the NMPRC on December 31, 2018 indicating that, consistent with the conclusions reached in PNM’s 2017 IRP, PNM’s customers would benefit from the retirement of PNM’s share of SJGS (subject to future NMPRC approval) after the current SJGS CSA expires in mid-2022. In January 2019, the NMPRC issued an order initiating a proceeding and requiring PNM to submit an application for the abandonment of PNM’s share of SJGS in 2022 and for replacement resources by March 1, 2019. The NMPRC’s January 2019 order was subsequently stayed by the NM Supreme Court pending review of PNM’s petition in the matter. On June 26, 2019, the NM Supreme Court lifted the stay and denied PNM’s petition without discussion. See additional discussion of PNM’s December 2018 Compliance Filing in Note 11.

On July 1, 2019, PNM filed a Consolidated Application for the Abandonment and Replacement of SJGS and Related Securitized Financing Pursuant to the ETA (the “SJGS Abandonment
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Application”). The SJGS Abandonment Application seeks NMPRC approval to retire PNM’s share of SJGS in mid-2022, and for approval of replacement resources and the issuance of approximately $361 million of energy transition bonds as provided by the ETA. The application includes several replacement resource scenarios including PNM’s recommended replacement scenario, which is consistent with PNM’s goal of having a 100% emissions-free generating portfolio by 2040 and would provide cost savings to customers while preserving system reliability. The application includes three other replacement resource scenarios that would place a greater amount of resources in the San Juan area, or result in no new fossil-fueled generating facilities, or no battery storage facilities being added to PNM’s generation portfolio. Each of these alternativeWhen compared to PNM's recommended replacement resource scenario, the three alternative resource scenarios isare expected to result in increased costs to customers and the two alternative resource scenarios that result in lowerno new fossil-fueled generating facilities are expected to not provide adequate system reliability when compared to PNM’s recommended replacement resource scenario. See additional discussion of the SJGS Abandonment Application in Note 12.reliability.

On July 10, 2019, theThe NMPRC issued an order requiring the SJGS Abandonment Application be considered in two proceedings,proceedings: one addressing SJGS abandonment and related financing and the other addressing replacement resources. The NMPRC indicated that PNM’s July 1, 2019 filing is responsive to the January 30, 2019 orderresources but did not definitively indicate if the abandonment and financing proceedings willwould be evaluated under the requirements of the ETA. The NMPRC’s July 10, 2019 order also extended the deadline to issue the abandonment and financing order to nine months and to issue the replacement resources order to 15 months. On July 22, 2019, Western Resource Advocates filed a motionAfter several requests for clarification reconsideration, and request for oral argument withlegal challenges, in January 2020, the NMPRC. The motion requestedNM Supreme Court ruled the NMPRC clarify whether it intends to evaluate the abandonment and financing proceeding under the requirements of the ETA and, in the event the NMPRC does not intendis required to apply the ETA to all aspects of PNM’s SJGS Abandonment Application, and that any previous NMPRC orders inconsistent with their ruling should be vacated. Hearings on the abandonment and securitized financing proceeding, to reconsider its decisionproceedings were held in December 2019 and to provide parties an opportunity to present oral argumentshearings on the matter. The NMPRC chair responded on July 24, 2019, indicating thatreplacement resources were held in January 2020.

In February 2020, the Hearing Examiners assignedissued two recommended decisions recommending approval of PNM’s proposed abandonment of SJGS, subject to approval of the separate replacement resources proceeding,

will address the and approval of PNM’s proposed financing order to issue of law applicable to the approvals sought by PNM in the scheduling orders.Securitized Bonds.  The Hearing Examiners recommended, among other things, that PNM be authorized to abandon SJGS by June 30, 2022, to issue Securitized Bonds of up to $361 million, and to establish a rate rider to collect non-bypassable customer charges for repayment of the bonds (the “Energy Transition Charge”). The Hearing Examiners recommended an interim rate rider adjustment upon the start date of the Energy Transition Charge to provide immediate credits to customers for the full value of PNM’s revenue requirement related to SJGS until those reductions are reflected in base rates. In addition, the Hearing Examiners recommended PNM be granted authority to establish regulatory assets to recover costs that PNM will pay prior to the issuance of the Securitized Bonds, including costs associated with the bond issuances as well as for severances, job training, and economic development funds.

On February 21, 2020, the Hearing Examiners recommended the NMPRC approve PNM's proposed abandonment of SJGS, subject to approval of the replacement resources and financing orders to issue Securitized Bonds. On March 27, 2020, the Hearing Examiners issued procedural orders setting a public hearing on SJGS abandonment andpartial recommended decision related financing for December 10, 2019, a hearing on PNM’s proposedto PNM's requested replacement resources. The Hearing Examiners recommended the NMPRC approve PNM's requested PPA replacement resources on December 2, 2019,related to 350 MW of solar-PV facilities and a hearing on60 MW of battery storage facilities. On April 1, 2020, the remaining replacement resources on March 2, 2020.  The procedural orders also require PNM to file legal brief by August 23, 2019NMPRC unanimously approved the Hearing Examiners' recommended decisions regarding the extent to which the state constitution might prevent the ETA from applying to the issues in each case, that parties file responses to PNM’s legal briefs by October 18, 2019, and that parties may file testimony on the merits of their claims regarding SJGS abandonment and replacement resources if the ETA is ultimately determined to not apply to PNM’s application. On July 29, 2019, Western Resource Advocates filed a motion for interlocutory appeal of the July 24, 2019 order indicating that the procedural order will not provide parties adequate time to determine the applicability of the ETA and requesting an expedited decision from the NMPRC stating their intent to review the proceedings under the requirements of the ETA or under prior law. On August 1, 2019, the NMPRC issued a procedural order requiring responses to the interlocutory appeal by August 9, 2019.

The financial impact of an early retirement of SJGS and the Securitized Bonds. On April 29, 2020, the NMPRC approval process are influenced by many factors outside of PNM’s control, includingissued an order declining to bifurcate a determination on replacement resources and deferring final consideration until the economic impactissuance of a potential SJGS abandonmentcomprehensive recommended decision addressing the entire portfolio of replacement resources. The NMPRC is required to issue an order on the area surrounding the plant and the related mine, as well as the overall political and economic conditions of New Mexico.SJGS replacement resources by September 2020. PNM believes that the ETA applies to all aspects of the SJGS Abandonment Application but cannot predict the outcome of this matter.its request for NMPRC approval of replacement resources.

Pursuant to the NMPRC's April 1, 2020 order approving the abandonment of SJGS and the related issuance of Securitized Bonds, PNMR recorded obligations totaling $38.1 million for estimated severances and other costs resulting from the planned retirement of SJGS in 2022, and for expected funding to state agencies for economic development and workforce training upon the issuance of the Securitized Bonds. This obligation is reflected in other deferred credits and as a corresponding deferred regulatory asset on PNMR's Condensed Consolidated Balance Sheets as of March 31, 2020. These estimates may be adjusted in future periods as the Company refines its expectations. See additional discussion of PNM's SJGS Abandonment Application and the related challenges filed with the NM Supreme Court in Note 12.

Other Environmental Matters In addition to the regional haze rule and the ETA, SJGS and Four Corners may be required to comply with other rules that affect coal-fired generating units. OnIn March 28, 2017, President Trump issued an Executive Order on Energy Independence.  The order sets out two general policies: promote clean and safe development of energy resources, while avoiding regulatory burdens, and ensure electricity is affordable, reliable, safe, secure, and clean.  The order rescinds various actions undertaken by the previous administration and directed the EPA Administrator to review and if appropriate suspend, revise, or rescind the Clean Power Plan, as well as other environmental regulations. On October 10, 2017, EPA issued a proposal to repeal the Clean Power Plan based on a legal interpretation of the CAA under which the Clean Power Plan exceeded EPA’s statutory authority. On August 31, 2018, EPA published a proposed rule, informally known as the Affordable Clean Energy rule, to replace the Clean Power Plan. On June 19, 2019, EPA released the final Affordable Clean Energy rule. EPA is taking three separate actions in the final rule: (1) finalizes the repeal ofrepealing the Clean Power Plan; (2) finalizespromulgating the Affordable Clean Energy rule; and 3) revises(3) revising the implementing regulations for all emission guidelines issued under Clean Air Act Section 111(d) which, among other things, extends the deadline for state plans and the timing of state plans. The final rule is very similar to the August 2018 proposed rule.EPA's approval process. EPA set the Best System of Emissions Reduction (“BSER”) for existing coal-fired power plants as heat rate efficiency improvements based on a range of "candidate technologies"“candidate technologies” that can be applied inside the fence-line. Rather than setting a specific numerical standard of performance, EPA'sEPA’s rule would havedirects states to determine which of
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the candidate technologies to apply to each coal-fired unit and establish standards of performance based on the degree of emission reduction achievable based on the application of BSER. States will have three years from when theThe final rule is finalizedrequires states to submit a plan to EPA by July 8, 2022 and then the EPA has one year to approve the plan. If states do not submit a plan or their submitted plan is not acceptable, EPA will have two years to develop a federal plan. The rule is not expected to impact SJGS since EPA’s final approval of a state SIP would occur after the planned shutdown of SJGS in 2022 (subject to NMPRC approval). The Company is reviewing the rule with respect to impacts to Four Corners Power Plant.Corners. See Note 11.
In addition, onOn December 20, 2018, EPA published in the Federal Register a proposed rule that would revise the carbon pollution standardsCarbon Pollution Standards rule issued in October 2015 for certain fossil fueledfossil-fueled power plants. The proposal would revise the emissions standards for new, reconstructed, or modified coal-fired EGUs to make them less stringent. PNM does not expect SJGS or Four Corners will be subject to the carbon pollution standardsCarbon Pollution Standards rule that EPA has proposed to revise.

PNM’s review of the GHG emission reductions standards under the Affordable Clean Energy rule and the revised proposed carbon pollution standardsCarbon Pollution Standards rule is ongoing. The Affordable Clean Energy rule has been challenged by several parties and may be impacted by further litigation. As discussed above, SJGS and Four Corners may also be required to comply with additional CO2 emissions restrictions issued by the New Mexico Environmental Improvement Board pursuant to the recently enacted ETA. PNM cannot predict the impact these standards may have on its operations or a range of the potential costs of compliance, if any.
Major environmental upgrades on each of the units at SJGS have significantly reduced emissions of NOx, SO2, particulate matter, and mercury. Because of environmental upgrades completed in 2009, SJGS has a mercury removal efficiency of 98% and mercury emissions are well below the mercury limit imposed by EPA in the 2012 Mercury and Air Toxics Standards. Between 2006 and 2018, SJGS has reduced emissions of NOx by 77%, SO2 by 92%, particulate matter by 88%, and mercury by 99%. In addition, the installation of SCRs at Four Corners significantly reduces emissions from the facility.

Renewable Energy
PNM’s renewable procurement strategy includes utility-owned solar capacity, as well as wind and geothermal energy purchased under PPAs. As of June 30, 2019,March 31, 2020, PNM has 127157 MW of utility-owned solar capacity in operation. In addition, PNM purchases power from a customer-owned distributed solar generation program that had an installed capacity of 113.1133.0 MW at June 30, 2019.March 31, 2020. PNM also owns the 500 KW PNM Prosperity Energy Storage Project, which uses advanced batteries to store solar power and dispatch the energy either during high-use periods or when solar production is limited.Project. The project was one of the first combinations of battery storage and solar-PV energy in the nation and involved extensive research and development of advanced grid concepts. The facility also was the nation’s first solar storage facility fully integrated into a utility’s power grid. PNM also purchases the output from New Mexico Wind, a 204 MW wind facility, and the output of Red Mesa Wind, an existing 102 MW wind energy center. PNM's 2020 renewable energy procurement plan was approved by the NMPRC in January 2020 and includes a PPA to procure 140 MW of renewable energy and RECs from La Joya Wind beginning in 2021. The majority of these renewable resources are key means for PNM to meet the RPS and related regulations that require PNM to achieve prescribed levels of energy sales from renewable sources, including those set by the recently enacted ETA, without exceeding cost requirements. If approved by the NMPRC, PNM’s recommended resource scenario to replace the planned retirement of SJGS would result in PNM executing PPAs to purchase renewable energy and RECs from a total of 350 MW of solar-PV facilities and to procure energy from and construct a total of 130 MW of battery storage facilities. If approved, PNM would procure power under a PPA from one of the United States’ largest solar facilities and would have the nation’s highest percentage of battery storage capacity integration.
The majority of these renewable resources are key means for PNM to meet the RPS and related regulations that require PNM to achieve prescribed levels of energy sales from renewable sources, including those set by the recently enacted ETA, without exceeding cost requirements. PNM makes renewable procurements consistent with the plans approved by the NMPRC. PNM’s 2018 renewable energy procurement plan meets RPS and diversity requirements for 2018 and 2019 and includes additional procurements of wind, geothermal, and solar-PV capacity. PNM’s 2019 renewable energy procurement plan meets RPS and diversity requirements for 2019 and 2020 and does not include any significant new procurements. PNM’s 2020 renewable energy procurement plan requests NMPRC approval to procure 140 MW of renewable energy and RECs from La Joya Wind beginning in 2021.

As discussed in Strategic Investments above, PNM is currently purchasing the output of 3080 MW of solar capacity from NMRD that is used to serve athe Facebook data center. PNM has entered into three separate 25-year PPAs to purchase renewable energy and RECs to be used by PNM to supply additional renewable power to the Facebook data center. These PPAs include the purchase of the power and RECs from a 50 MW wind project, which was placed in commercial operation in November 2018, a 166 MW wind project to be operational in November 2020, and a 50 MW solarsolar-PV project to be operational in December 2021. In August 2018, the NMPRC approved PNM’s request to enter into two additional 25-year PPAs to purchase renewable energy and RECs from an aggregate of approximately 100 MW of capacity from two solar-PV facilities to be constructed by NMRD to supply power to Facebook. TheseFacebook, Inc. The first 50 MW of these facilities arebegan commercial operations in November 2019 and the remaining capacity is expected to begin commercial operation by June 2020. See Note 12.
On May 31, 2019, PNM filed an application with the NMPRC for approval of a program under which qualified governmental and large commercial customers could participate in a voluntary renewable energy procurement program. program ("PNM proposes to recoverSolar Direct"). The costs of the program would be recovered directly from subscribing customers through a rate rider. If approved byrider, including the NMPRC, PNM wouldcosts to procure renewable energy from 50 MW of solar-PV facilities under a 15-year PPA. PNM had fully subscribedThese facilities are expected to be placed in commercial operation by March 31, 2021. In March 2020, the entire output ofNMPRC approved PNM's application, including the 50 MW facilities at the time of the filing. PNM cannot predict the outcome of this matter.rate rider and PPA.
PNM will continue to procure renewable resources while balancing the impact to customers’ electricity costs in order to meet New Mexico’s escalating RPS and carbon-free resource requirements.
Energy Efficiency
Energy efficiency plays a significant role in helping to keep customers’ electricity costs low while meeting their energy needs and is one of the Company’s approaches to supporting environmentally responsible power. PNM’s and TNMP’s energy efficiency and load management portfolios continue to achieve robust results. In 2018,2019, incremental energy saved as a result of new participation in PNM’s portfolio of energy efficiency programs wasis estimated to be approximately 7265 GWh. This is equivalent to the annual consumption of approximately 10,3009,500 homes in PNM’s service territory. PNM’s load management and
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annual energy efficiency programs also help lower peak demand requirements. In 2018,2019, TNMP’s incremental energy saved as a result of new participation in TNMP’s energy efficiency programs wasis estimated to be approximately 1716 GWh. This is equivalent to the annual consumption of approximately 1,5001,285 homes in TNMP’s service territory. In April 2018, TNMP received the “Partner of the Year Energy Efficiency Delivery Award” for its High-Performance Homes Program.

As discussed above, in April 2020, PNM filed an application for energy efficiency and load management programs to be offered in 2021, 2022, and 2023. The proposed program also requests an AMI pilot program. PNM cannot predict the outcome of this matter.
Water Conservation and Solid Waste Reduction
PNM continues its efforts to reduce the amount of fresh water used to make electricity (about 20%35% more efficient than in 2007). Continued growth in PNM’s fleet of solar and wind energy sources, energy efficiency programs, and innovative uses of gray water and air-cooling technology have contributed to this reduction. Water usage has continued to decline as PNM has substituted less fresh-water-intensive generation resources to replace SJGS Units 2 and 3 starting in 2018, as water consumption at that plant has been reduced by approximately 50%. Focusing on responsible stewardship of New Mexico’s scarce water resources improves PNM’s water-resilience in the face of persistent drought and ever-increasing demands for water to spur the growth of New Mexico’s economy.
In addition to the above areas of focus, the Company is working to reduce the amount of solid waste going to landfills through increased recycling and reduction of waste. In 2018, 192019, 16 of the Company’s 23 facilities met the solid waste diversion goal of a 65% diversion rate. The Company expects to continue to do well in this area in the future.

Customer, Stakeholder, and Community Engagement

The Company strives to deliver a superior customer experience. Through outreach, collaboration, and various community-oriented programs, the Company has demonstrated a commitment to building productive relationships with stakeholders, including customers, community partners, regulators, intervenors, legislators, and shareholders. PNM continues to focus its efforts to enhance the customer experience through customer service improvements, including enhanced customer service engagement options, strategic customer engagement,outreach, and improved communications. These efforts are supported by market research to understand the varying needs of customers, identifying and establishing valued services and programs, and proactively communicating and engaging with customers.
The Company has leveraged a number of communications channels and strategic content to better serve and engage its many stakeholders. PNM’s website www.pnm.com, provides the details of major regulatory filings, including general rate requests, as well as the background on PNM’s efforts to maintain reliability, keep prices affordable, and protect the environment. The Company’s website is also a resource for information about PNM’s operations and community outreach efforts, including plans for building a sustainable energy future for New Mexico and to transition to an emissions-free generating portfolio by 2040. PNM has also leveraged social media in communications with customers on various topics such as education, outage alerts, safety, customer service, and PNM’s community partnerships in philanthropic projects.
As discussed above, PNMR also has a dedicated Sustainability Portal on its corporate website, www.pnmresources.com, to provide additional information regarding the Company’s environmental and other sustainability efforts. The site provides the key corporate governance and sustainability information related to the operations of PNM and TNMP. In January 2018, PNM added a Climate Change Report to this portal. The portal also includes information presented under the additional headings: Environment, Generation Portfolio, Social, Economic, and Governance.
With reliability being the primary role of a transmission and distribution service provider in Texas’ deregulated market, TNMP continues to focus on keeping end-users updated about interruptions and to encourage consumer preparation when severe weather is forecasted. In August 2017, Hurricane Harvey made landfall in the gulf coast region and TNMP employees worked to restore power safely and efficiently for affected customers. In addition, PNMR made donations to support relief and restoration efforts in the gulf coast region. TNMP employees who were impacted by Hurricane Harvey were provided emergency crisis funds supported by the PNM Resources Foundation and other employee donations.
Local relationships and one-on-one communications remain two of the most valuable ways both PNM and TNMP connect with their stakeholders. Both companies maintain long-standing relationships with governmental representatives and key electricity consumers to ensure that these stakeholders are updated on Company investments and initiatives. Key electricity consumers also have dedicated Company contacts that support their important service needs.

PNMR has a long tradition of supporting the communities it serves in New Mexico and Texas. The Company demonstrates its core value of caring through the PNM Resources Foundation, corporate giving, employee volunteerism, and PNM’s low-income assistance programs. In addition to the extensive engagement both PNM and TNMP have with nonprofit organizations in their communities, the PNM Resources Foundation provides more than $1 million in grant funding each year across New Mexico and Texas. These grants help nonprofits innovate or sustain programs to grow and develop business, develop and implement environmental programs, and provide educational opportunities. PNMR also provides employee matchingBeginning in 2020, the PNM Resources Foundation will fund grants with a three-year focus on decreasing homelessness, increasing access to affordable housing, reducing carbon emissions, and volunteer grants for various purposes.community safety with an emphasis on COVID-19 programs in 2020.


OverDuring the past sixthree years ending December 2019, the Company has contributed a total of more than $7.0approximately $6.2 million to civic, educational, environmental, low income, and economic development organizations. PNMR is proud to support programs and organizations that enrich the quality of life for the people in its service territories and communities. One of PNM’s most
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important outreach programs is tailored for low-income customers. In 2018,2019, PNM hosted 5046 community events throughout its service territory to connect low-income customers with nonprofit community service providers offering support and help with such needs as water and gas utility bills, food, clothing, medical programs, and services for seniors. Additionally, through its Good Neighbor Fund, PNM provided $0.5$0.4 million of assistance with electric bills to 3,8113,734 families in 20182019 and offered financial literacy training to further support customers. In response to the recent COVID-19 crisis, in early 2020 the PNM Resources Foundation awarded $0.4 million to nonprofits in New Mexico and Texas to assist with work being done on the front lines of the pandemic, with a focus on helping people currently experiencing homelessness during the shelter-in-place directives and seniors.

Volunteerism is an important facet of the PNMR culture. The mission of the PNMR Corporate Volunteer Group is to help make the communities in which PNMR serves safer, stronger, smarter, and more vibrant. In 2018,2019, PNM and TNMP employees and retirees contributed approximately 11,500over 13,300 volunteer hours serving their local communities.communities by supporting at least 250 organizations. Company volunteers participate in an annual Day of Service at nonprofits across New Mexico and Texas. Employees and retirees also actively participate on a variety of nonprofit boards in educational, economic, and environmental forums, as well as safety seminars.independent volunteer activities throughout the year. PNMR employees are,want to make the Company the best place to work by connecting and growing with others to realize their objectives. By doing this the Company hopes to increase customer satisfaction. To assist with COVID-19 efforts, PNMR donated to the Emergency Action Fund in large part, responsible forpartnership with Albuquerque Community Foundation and United Way of Central New Mexico to benefit approximately twenty nonprofits and small businesses facing challenges due to cancelled fundraising events. In addition, PNM and TNMP Community Crews have assisted in efforts to safely deliver food and other supplies to assist teachers and others providing continued education at home, especially to those without access to computers and the success of the Company’s customer, stakeholder, and community outreach.internet.
Economic Factors
PNM In the three and six months ended June 30, 2019,March 31, 2020, PNM experienced a decreasean increase in weather-normalized retail load of 1.3% and 0.1%1.1% compared to 2018. PNM’s retail load decreased year-over-year2019. PNM did not experience significant impacts in customer usage during the first quarter of 2020 as a result of mild weather conditionsCOVID-19. PNM expects to see increased residential customer usage offset by a decrease in the second quarter of 2019commercial customer class when compared to hotter than average temperatures in the second quarter2019 as a result of 2018. Economic conditions in Albuquerque continue to have a positive trend in 2019 with more announcements of businesses moving to the state or expanding and both the private and public sectors adding jobs. Following the announcement of Netflix, Inc. coming to New Mexico last year, NBCUniversal announced in June 2019 a 10-year venture in Albuquerque, New Mexico. In addition, Sandia National Laboratories announced in May 2019 that it plansstate restrictions related to hire 1,900 employees by year-end,COVID-19 and another of PNM’s customers announced that it plansdoes not currently expect significant impacts to add over 300 jobs in central New Mexico.its other customer classes.
TNMP In the three and six months ended June 30, 2019,March 31, 2020, TNMP experienced a decrease in volumetric weather-normalized retail load of 0.9% and 1.3%0.2% compared to 2018. Demand-based2019. Weather-normalized demand-based load, excluding retail transmission customers, increased 4.1% and 3.7%2.7% in the three and six months ended June 30, 2019March 31, 2020 compared to 2018.2019. TNMP continuesexpects to experience increasessee increased volumetric usage related to residential consumers offset by decreases in new service requests, althoughits demand based commercial consumer class as a result of impacts related to COVID-19.
The Company is unable to determine the timingduration or final impacts from COVID-19 as discussed in more detail in Item 1A. Risk Factors. The Company expects that some of some interconnectionsthe negative impacts to customer usage at PNM and TNMP will be offset by reduced operations and maintenance expenses resulting from the Company's efforts to maintain social distancing and that were expected this year have been delayed.these costs could be further reduced if the economic impacts of COVID-19 persist into the summer. However, if current economic conditions extend through the summer and beyond, the Company may be required to implement additional measures such as further reducing or delaying operating and maintenance expenses and planned capital expenditures.
Results of Operations
Net earnings (loss) attributable to PNMR were ($57.2)$(15.3) million, or ($0.72)$(0.19) per diluted share in the sixthree months ended June 30, 2019March 31, 2020 compared to $53.2$18.7 million, or $0.67$0.23 per diluted share in 2018.2019. Among other things, earnings in the sixthree months ended June 30, 2019March 31, 2020 benefited from additional revenues due to retailhigher earnings on PNM's renewable rate increases approved in PNM’s NM 2016 Rate Caserider, higher customer usage at PNM, including the leap-year impact, higher transmission rates and TNMP’s 2018 Rate Case, higher demand-based revenuesusage at TNMP, higher income from investment securities held in the NDTlower operational and coal mine reclamation trusts,maintenance expenses, including lower employee related expense at PNM and TNMP, and lower plant maintenance costs at PNM, and lower interest expensecharges at PNM.TNMP. These increases were more than offset by mildmilder weather conditions at PNM and TNMP, regulatory disallowances resulting from the NM Supreme Court’s May 2019 opinion in PNM’s appeal of the NMPRC’s decisions in the NM 2015 Rate Case, lower transmission cost of service revenues as a result of a reallocation of costs in TNMP’s 2018 Rate Case, higher employee related expenses at PNM and TNMP, increased depreciation and property taxes due to increased plant in service at PNM and TNMP, as well as increased depreciation rates resulting from TNMP’s 2018 Rate Case, and lower interest incomelosses on the Westmoreland Loan at PNMR.PNM's PVNGS and coal mine reclamation investment securities. Additional information on factors impacting results of operations for each segment is discussed below under Results of Operations.
Liquidity and Capital Resources

PNMR and PNM have revolving credit facilities with capacities of $300.0 million and $400.0 million andthat currently expire in October 2023. Both facilities provide for short-term borrowings and letters of credit and can be extended through October 2024, subject to approval by a majority of the lenders. In addition, PNM has a $40.0 million revolving credit facility which expires in December 2022, with banks having a significant presence in New Mexico, which expires in December 2022, and TNMP has a $75.0 million revolving credit facility, which expires in September 2022. On February 22, 2019, PNMR Development amended itshas a revolving credit facility to increase thewith a capacity to $25.0 million and to extend its expiration date to February 24, 2020. On July 22, 2019, PNMR Development amended its revolving credit facility to increase the capacity toof $40.0 million, with the option to further increase the capacity up to $50.0 million upon 15-days advance notice. The facility will continue to have an expiration date ofnotice, that expires in February 24, 2020.2021. The PNMR Development Revolving Credit Facility bears interest at a variable rate and contains terms similar to the PNMR Revolving Credit Facility. Total availability for PNMR on a consolidated basis was $692.7$670.0 million at July 26, 2019.
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May 1, 2020. The Company utilizes these credit facilities and cash flows from operations to provide funds for both construction and operational expenditures. PNMR also has intercompany loan agreements with each of its subsidiaries.


PNMR projects that its consolidated capital requirements, consisting of construction expenditures, capital contributions for PNMR Development’s 50% ownership interest in NMRD, and dividends, will total $4,046.7 million$4.4 billion for 2019-2023,2020 - 2024, including amounts expended through June 30, 2019.March 31, 2020. The construction expenditures include estimated amounts for 50 MW of new solar facilities included in PNM’s 2018 renewable energy procurement plan, an anticipated expansion of PNM’s transmission system, including the planned purchase of a 165-mile 345 kV transmission line,the Western Spirit Line, and proposed replacement generation resources included in PNM’s SJGS Abandonment Application.

In January 2020, PNMR entered into agreements to sell approximately 6.2 million shares of PNMR common stock under forward purchase arrangements (the “PNMR 2020 Forward Equity Sale Agreements”). Under the PNMR 2020 Forward Equity Sale Agreements, PNMR has the option to physically deliver, cash settle, or net share settle all or a portion of PNMR common stock on or before a date that is 12 months from their effective dates. PNMR did not initially receive any proceeds upon execution of these agreements. The initial forward sales price of $47.21 per share is subject to adjustments based on net interest rate factor and by expected future dividends on PNMR’s common stock. PNMR expects to physically settle all shares under the agreements on or before January 7, 2021. See Note 9.

On January 18, 2019,April 15, 2020, PNM entered into the PNM 2020 Term Loan and used the proceeds to prepay the PNM 2019 $250.0 million PNM 2019 Term Loan, which bears interest at a variable rate and must be repaidwithout penalty. As discussed below, on or before July 17, 2020. ProceedsApril 30, 2020, PNM used $100.0 million of proceeds from this issuance were used to repay the PNM 2017 Term Loan, short-term borrowings under2020 SUNs to prepay without penalty an equal amount of the PNM Revolving Credit Facility, and for general corporate purposes. 2020 Term Loan.

On February 26, 2019,April 24, 2020, TNMP entered into the TNMP 20192020 Bond Purchase Agreement with institutional investors for the sale of $305.0$185.0 million aggregate principal amount of four series of TNMP 2019 Bonds.first mortgage bonds (the "TNMP 2020 Bonds") offered in private placement transactions. TNMP issued $225.0$110.0 million of TNMP 20192020 Bonds on March 29, 2019 (at fixed annual interest rates ranging from 3.79% to 4.06% for terms ranging from 15 to 25 years) and used a portion of the proceeds to repay TNMP’s $172.3 million 9.50% first mortgage bonds at their maturity on April 1, 2019. TNMP issued the remaining $80.0 million of TNMP 2019 Bonds on July 1, 2019 (at a fixed annual interest rate of 3.60% for a term of ten years)24, 2020 and used the proceeds to repay borrowings under the TNMP Revolving Credit Facility and for generalother corporate purposes. TNMP will issue the remaining $75.0 million of TNMP 2020 Bonds on or before July 15, 2020 and will use the proceeds from that issuance to repay borrowings under the TNMP Revolving Credit Facility and for other corporate purposes.

On April 30, 2020, PNM issued $200.0 million aggregate principal amount of PNM 2020 SUNs offered in private placement transactions. PNM used $100.0 million of proceeds from the PNM 2020 SUNs to repay an equal amount of the PNM 2020 Term Loan. The remaining $100.0 million of the PNM 2020 SUNs were used to repay borrowings on the PNM Revolving Credit Facility and for other corporate purposes.

See discussion of PNM’s SJGS Abandonment Application in Note 12, which includes athe NMPRC's April 1, 2020 approval of PNM's request to issue approximately $361 million of energy transition bondsSecuritized Bonds upon the proposed retirement of SJGS in 2022.2022, and the related appeal of that order to the NM Supreme Court in Note 12.

After considering the effects of these financings and the Company's short-term liquidity position as of May 1, 2020, the Company has consolidated maturities of long-term and short-term debt aggregating $535.3approximately $718 million in the period from July 1, 2019 through JulyMay 31, 2020, and an additional $140.0 million that will mature by December 31, 2020.2021. In addition to internal cash generation, the Company anticipates that it will be necessary to obtain additional long-term financing in the form of debt refinancing, new debt issuances, and/or new equity in order to fund its capital requirements during the 2019-20232020-2024 period. The Company currently believes that its internal cash generation, existing credit arrangements, and access to public and private capital markets will provide sufficient resources to meet the Company’s capital requirements for at least the next twelve months. The Company is in compliance with its debt covenants.


RESULTS OF OPERATIONS

The following discussion and analysis should be read in conjunction with the Condensed Consolidated Financial Statements and Notes thereto. Trends and contingencies of a material nature are discussed to the extent known. Refer also to Disclosure Regarding Forward Looking Statements and to Part II, Item 1A. Risk Factors.



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A summary of net earnings attributable to PNMR is as follows:
 Three Months Ended March 31,
 2020 2019 Change
 (In millions, except per share amounts)
Net earnings (loss) attributable to PNMR$(15.3)    $18.7     $(34.0) 
Average diluted common and common equivalent shares(1)
79.9     80.0     (0.1) 
Net earnings attributable to PNMR per diluted share$(0.19)    $0.23     $(0.42) 
 Three Months Ended June 30, Six Months Ended June 30,
 2019 2018 Change 2019 2018 Change
 (In millions, except per share amounts)
Net earnings (loss) attributable to PNMR$(75.9) $38.2
 $(114.1) $(57.2) $53.2
 $(110.4)
Average diluted common and common equivalent shares(1)
79.9
 80.0
 (0.1) 79.9
 80.0
 (0.1)
Net earnings (loss) attributable to PNMR per diluted share$(0.95) $0.48
 $(1.43) $(0.72) $0.67
 $(1.39)
(1) Excludes the impact of potentially dilutiveanti-dilutive shares that, if included, would be anti-dilutive for the three and six months ended June 30, 2019 (Note 4).ending March 31, 2020.


The components of the change in net earnings attributable to PNMR are:
Three Months Ended
March 31, 2020
(In millions)
PNM$(35.1)
TNMP3.0 
Corporate and Other(1.9)
Net change$(34.0)
 Three Months Ended Six Months Ended
 June 30, 2019 June 30, 2019
 (In millions)
PNM$(113.4) $(102.1)
TNMP(0.1) (5.4)
Corporate and Other(0.5) (2.8)
Net change$(114.1) $(110.4)

Information regarding the factors impacting PNMR’s operating results by segment are set forth below.


Segment Information

The following discussion is based on the segment methodology that PNMR’s management uses for making operating decisions and assessing performance of its various business activities. See Note 2 for more information on PNMR’s operating segments.

PNM

PNM defines utility margin as electric operating revenues less cost of energy, which consists primarily of fuel and purchase power costs. PNM believes that utility margin provides a more meaningful basis for evaluating operations than electric operating revenues since substantially all fuel and purchase power costs are offset in revenues as those costs are passed through to customers under PNM’s FPPAC. Utility margin is not a financial measure required to be presented under GAAP and is considered a non-GAAP measure.

The following table summarizes the operating results for PNM:

Three Months Ended March 31,
20202019Change
(In millions)
Electric operating revenues$248.1  $269.3  $(21.2) 
Cost of energy74.5  99.3  (24.8) 
     Utility margin173.6  170.0  3.6  
Operating expenses98.6  106.5  (7.9) 
Depreciation and amortization41.4  39.2  2.2  
     Operating income33.6  24.3  9.3  
Other income (deductions)(30.5) 18.0  (48.5) 
Interest charges(17.6) (18.4) 0.8  
     Segment earnings (loss) before income taxes(14.6) 23.9  (38.5) 
Income (taxes) benefit2.4  (2.0) 4.3  
Valencia non-controlling interest(3.7) (2.8) (0.9) 
Preferred stock dividend requirements(0.1) (0.1) —  
Segment earnings$(16.1) $19.0  $(35.1) 

86

 Three Months Ended June 30, Six Months Ended June 30,
 2019 2018 Change 2019 2018 Change
 (In millions)
Electric operating revenues$238.2
 $264.5
 $(26.3) $507.5
 $500.7
 $6.8
Cost of energy58.9
 66.4
 (7.5) 158.2
 137.2
 21.0
     Utility margin179.4
 198.2
 (18.8) 349.3
 363.6
 (14.3)
Operating expenses255.5
 107.1
 148.4
 362.0
 207.6
 154.4
Depreciation and amortization39.8
 38.2
 1.6
 79.0
 74.8
 4.2
     Operating income (loss)(116.0) 52.9
 (168.9) (91.7) 81.2
 (172.9)
Other income (deductions)7.7
 0.2
 7.5
 25.7
 3.9
 21.8
Interest charges(18.5) (20.0) 1.5
 (36.9) (40.8) 3.9
     Segment earnings (loss) before income taxes(126.8) 33.1
 (159.9) (102.8) 44.3
 (147.1)
Income (taxes) benefit43.5
 (2.3) 45.8
 41.5
 (2.0) 43.5
Valencia non-controlling interest(3.5) (4.1) 0.6
 (6.3) (7.8) 1.5
Preferred stock dividend requirements(0.1) (0.1) 
 (0.3) (0.3) 
Segment earnings (loss)$(86.9) $26.5
 $(113.4) $(67.9) $34.2
 $(102.1)
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The following table shows total GWh sales, including the impacts of weather, by customer class and average number of customers:
 Three Months Ended June 30, Six Months Ended June 30,
     Percentage     Percentage
 2019 2018 Change 2019 2018 Change
 (Gigawatt hours, except customers)
Residential660.6
 747.4
 (11.6)% 1,456.2
 1,499.1
 (2.9)%
Commercial933.7
 1,017.1
 (8.2) 1,761.9
 1,851.5
 (4.8)
Industrial266.2
 210.1
 26.7
 516.3
 415.8
 24.2
Public authority54.2
 61.2
 (11.4) 103.8
 111.5
 (6.9)
Economy energy service (1)
163.9
 172.3
 (4.9) 320.8
 343.0
 (6.5)
Other sales for resale484.4
 479.2
 1.1
 1,359.1
 1,160.2
 17.1
 2,563.0
 2,687.3
 (4.6)% 5,518.1
 5,381.1
 2.5 %
Average retail customers (thousands)529.6
 525.8
 0.7 % 529.3
 525.3
 0.8 %

Three Months Ended March 31,
Percentage
20202019Change
(Gigawatt hours, except customers)
Residential768.2  795.5  (3.4)%
Commercial838.7  828.2  1.3  
Industrial334.3  250.0  33.7  
Public authority48.5  49.6  (2.2) 
Economy energy service (1)
166.5  156.9  6.1  
Other sales for resale605.2  874.7  (30.8) 
2,761.4  2,954.9  (6.5)%
Average retail customers (thousands)533.0  529.1  0.8 %

(1) PNM purchases energy for a large customer on the customer’s behalf and delivers the energy to the customer’s location through PNM’s transmission system. PNM charges the customer for the cost of the energy as a direct pass through to the customer with only a minor impact in utility margin resulting from providing ancillary services.


Operating ResultsThree months ended June 30, 2019Months Ended March 31, 2020 compared to 20182019

The following table summarizes the significant changes to utility margin:
Three Months Ended March 31, 2020
Change
Utility margin:(In millions)
Retail customer usage/load Weather normalized KWh sales increased 1.1%, due to increased sales to industrial customers
$0.6 
Weather – Colder weather in 2019; heating degree days were 10.8% lower in 2020
(2.2)
Leap Year Increase in revenue due to additional day in 2020
1.8 
Transmission Increase primarily due to the addition of new customers
0.8 
Rate riders Includes energy efficiency and the renewable energy rider, which is partially offset in depreciation and amortization below
2.1 
Other0.5 
Net Change$3.6 
   Three Months Ended
June 30, 2019
   Change
Utility margin: (In millions)
    
 
Rate relief – Additional revenue due to rate increase approved by the NMPRC effective February 1, 2018 (Note 12)
 $1.4
 
Retail customer usage/load  Weather normalized KWh sales decreased 1.3%, primarily due to decreased sales to commercial customers
 (2.3)
 
Weather – Milder weather in 2019; cooling degree days were 52.8% lower in the second quarter
 (14.2)
 
Transmission  Decrease due to lower revenues under formula transmission rates, partially offset by the addition of new customers
 (1.8)
 
Rate riders  Includes renewable energy, fuel clause and energy efficiency riders
 (1.2)
 Other (0.7)
 Net Change $(18.8)

The following tables summarize the primary drivers for changes in operating expenses, depreciation and amortization, other income (deductions), interest charges, and income taxes:
Three Months Ended March 31, 2020
Change
Operating expenses:(In millions)
Lower plant maintenance costs at SJGS, PVNGS, and gas-fired plants, partially offset by higher costs at Four Corners$(1.6)
Regulatory disallowance resulting from the NMPRC’s September 28, 2016 order in PNM’s NM 2015 Rate Case (Note 12)(1.3)
Lower employee related, and outside service expenses(4.5)
Other(0.5)
Net Change$(7.9)

87

   Three Months Ended
June 30, 2019
   Change
Operating expenses: (In millions)
   
 Higher plant maintenance costs at SJGS and gas-fired plants, partially offset by lower plant maintenance costs at Four Corners and PVNGS $1.1
 Higher capitalized administrative and general expenses due to higher construction spending (0.5)
 Regulatory disallowance resulting from the NM Supreme Court’s May 2019 decision in PNM’s appeal of the NM 2015 Rate Case (Note 12) 147.5
 Higher employee related, outside service, and vegetation management expenses 2.1
 Other (1.8)
 Net Change $148.4
Three Months Ended March 31, 2020
Change
Depreciation and amortization:(In millions)
Increased utility plant in service, including solar facilities under the renewable rider$2.0 
Other0.2 
Net Change$2.2 

Other income (deductions):
Lower gains on investment securities in the NDT and coal mine reclamation trusts$(46.9)
Lower equity AFUDC(0.8)
Lower interest income related to investment securities in the NDT and coal mine reclamation trusts(0.1)
Higher pension and OPEB non-service cost expense(0.7)
Net Change$(48.5)

Interest charges:
Lower interest on term loan agreements$0.2 
Interest on deposit by PNMR Development for transmission interconnections, which is offset in Corporate and Other0.9 
Other(0.3)
Net Change$0.8 

Income (taxes) benefits:
Lower segment earnings before income taxes$10.0 
Changes in the anticipated effective tax rate, including amortization of excess deferred income taxes (Note 14)(5.8)
Other0.1 
Net Change$4.3 



88
Depreciation and amortization:  
   
 Increased utility plant in service $1.3
 Other 0.3
 Net Change $1.6

Other income (deductions):  
   
 Higher gains on investment securities in the NDT and coal mine reclamation trusts $6.3
 Higher interest income and lower trust expenses related to investment securities in the NDT and coal mine reclamation trusts 1.8
 Other (0.6)
 Net Change $7.5

   Three Months Ended
June 30, 2019
   Change
Interest charges: (In millions)
   
 Lower interest on $350.0 million of SUNs refinanced in May 2018 $2.0
 Lower interest on $100.0 million of SUNs refinanced in August 2018 0.8
 Lower debt AFUDC (0.3)
 Higher interest on term loan agreements (0.7)
 Interest on deposit by PNMR Development for potential transmission interconnections, which is offset in Corporate and Other (Note 9) (0.3)
 Net Change $1.5
Income taxes:  
   
 Lower segment earnings before income taxes $40.5
 Amortization of excess deferred income taxes due to lower segment earnings before income taxes, excluding discrete items (1.8)
 Reversal of excess deferred income taxes resulting from regulatory disallowances in the NM 2015 Rate Case (Note 12) 7.5
 Other (0.4)
 Net Change $45.8

Operating ResultsSix months ended June 30, 2019 compared to 2018Table of Contents

The following table summarizes the significant changes to utility margin:
   Six Months Ended
June 30, 2019
   Change
Utility margin: (In millions)
    
 
Rate relief – Additional revenue due to rate increase approved by the NMPRC effective February 1, 2018 (Note 12)
 $3.1
 
Retail customer usage/load - Weather normalized KWh sales decreased 0.1% due to decreased sales to commercial customers, partially offset by increased sales to residential and industrial customers
 (1.0)
 
Weather  Milder weather in 2019; cooling degree days were 52.8% lower in the second quarter, offset by colder weather in the first quarter
 (11.2)
 
Transmission  Decrease due to lower revenues under formula transmission rates, partially offset by the addition of new customers
 (0.6)
 
Rate riders  Includes renewable energy, fuel clause and energy efficiency riders
 (4.0)
 Other (0.6)
 Net Change $(14.3)


The following tables summarize the primary drivers for changes in operating expenses, depreciation and amortization, other income (deductions), interest charges, and income taxes:
   Six Months Ended
June 30, 2019
   Change
Operating expenses: (In millions)
   
 Higher plant maintenance costs at SJGS and gas-fired plants, partially offset by lower plant maintenance costs at Four Corners and PVNGS $0.8
 Higher capitalized administrative and general expenses due to higher construction spending in 2019 (0.7)
 Accelerated recovery of SNCR technology on SJGS Units 1 and 4 0.3
 Regulatory disallowance resulting from the NM Supreme Court’s May 2019 decision in PNM’s appeal of the NM 2015 Rate Case (Note 12) 148.8
 Higher employee related, outside service, and vegetation management expenses 6.0
 Other (0.8)
 Net Change $154.4
Depreciation and amortization:  
   
 Increased utility plant in service $3.0
 Higher depreciation resulting from amortization of stranded costs associated with the retirement of SJGS Units 2 and 3 0.5
 Other 0.7
 Net Change $4.2
Other income (deductions):  
   
 Higher gains on investment securities in the NDT and coal mine reclamation trusts $20.0
 Higher interest income and lower trust expenses related to investment securities in the NDT and coal mine reclamation trusts 2.4
 Other (0.6)
 Net Change $21.8
Interest charges:  
   
 Lower interest on $350.0 million of SUNs refinanced in May 2018 $5.9
 Lower interest on $100.0 million of SUNs refinanced in August 2018 1.6
 Lower debt AFUDC (1.0)
 Higher interest on term loan agreements (1.4)
 Interest on deposit by PNMR Development for potential transmission interconnections, which is offset in Corporate and Other (Note 9) (1.2)
 Net Change $3.9
Income taxes:  
   
 Lower segment earnings before income taxes $37.0
 Amortization of excess deferred income taxes due to lower segment earnings before income taxes, excluding discrete items (0.1)
 Reversal of excess deferred income taxes resulting from regulatory disallowances in the NM 2015 Rate Case (Note 12) 7.5
 Increase due to lower excess tax benefits related to stock compensation awards (Note 8) (0.5)
 Other (0.4)
 Net Change $43.5

TNMP

TNMP defines utility margin as electric operating revenues less cost of energy, which consists of costs charged by third-party transmission providers. TNMP believes that utility margin provides a more meaningful basis for evaluating operations than electric operating revenues since all third-party transmission costs are passed on to consumers through a transmission cost recovery factor. Utility margin is not a financial measure required to be presented under GAAP and is considered a non-GAAP measure.


The following table summarizes the operating results for TNMP:
Three Months Ended March 31,
20202019Change
(In millions)
Electric operating revenues$85.5  $80.3  $5.2  
Cost of energy24.2  22.3  1.9  
Utility margin61.3  58.0  3.3  
Operating expenses25.1  25.2  (0.1) 
Depreciation and amortization21.8  20.2  1.6  
Operating income14.3  12.6  1.7  
Other income (deductions)0.6  0.6  —  
Interest charges(7.2) (8.8) 1.6  
Segment earnings before income taxes7.7  4.4  3.3  
Income (taxes)(0.6) (0.3) (0.3) 
Segment earnings$7.1  $4.1  $3.0  
 Three Months Ended June 30, Six Months Ended June 30,
 2019 2018 Change 2019 2018 Change
 (In millions)
Electric operating revenues$92.0
 $87.8
 $4.2
 $172.3
 $169.4
 $2.9
Cost of energy24.9
 21.4
 3.5
 47.2
 43.1
 4.1
Utility margin67.1
 66.5
 0.6
 125.1
 126.3
 (1.2)
Operating expenses24.0
 23.5
 0.5
 49.3
 48.5
 0.8
Depreciation and amortization20.5
 16.1
 4.4
 40.7
 32.5
 8.2
Operating income22.6
 26.8
 (4.2) 35.2
 45.4
 (10.2)
Other income (deductions)0.7
 0.8
 (0.1) 1.3
 1.9
 (0.6)
Interest charges(6.6) (7.8) 1.2
 (15.4) (15.5) 0.1
Segment earnings before income taxes16.7
 19.9
 (3.2) 21.1
 31.7
 (10.6)
Income (taxes)(1.5) (4.5) 3.0
 (1.8) (7.0) 5.2
Segment earnings$15.3
 $15.4
 $(0.1) $19.4
 $24.8
 $(5.4)

The following table shows total sales, including the impacts of weather, by retail tariff consumer class and average number of consumers:
 Three Months Ended June 30, Six Months Ended June 30,
     Percentage     Percentage
 2019 2018 Change 2019 2018 Change
Volumetric load (1) (GWh)
 
Residential736.4
 790.2
 (6.8)% 1,355.1
 1,447.0
 (6.4)%
Commercial and other7.6
 7.9
 (3.8) 15.4
 16.0
 (3.8)
Total volumetric load744.0
 798.1
 (6.8)% 1,370.5
 1,463.0
 (6.3)%
Demand-based load (2) (MW)
4,587.5
 4,342.7
 5.6 % 9,309.5
 8,652.9
 7.6 %
Average retail consumers (thousands) (3)
255.0
 251.2
 1.5 % 254.4
 250.6
 1.5 %

Three Months Ended
March 31,
Percentage
20202019Change
Volumetric load (1) (GWh)
Residential598.7  618.7  (3.2)%
Commercial and other8.0  7.9  1.3 %
Total volumetric load606.7  626.6  (3.2)%
Demand-based load (2) (MW)
4,896.5  4,721.9  3.7 %
Average retail consumers (thousands) (3)
257.1  253.8  1.3 %

(1) Volumetric load consumers are billed on KWh usage.
(2) Demand-based load includes consumers billed on monthly KW peak and also includes retail transmission customers that are primarily billed under TNMP’s rate riders.
(3) TNMP provides transmission and distribution services to REPs that provide electric service to their customers in TNMP’s service territories. The number of consumers above represents the customers of these REPs. Under TECA, consumers in Texas have the ability to choose any REP to provide energy.



89

Operating Results ��� Three months ended June 30, 2019Months Ended March 31, 2020 compared to 20182019

The following table summarizes the significant changes to utility margin:
Three Months Ended March 31, 2020
Change
Utility margin:(In millions)
Rate relief – Transmission cost of service rate increases in March 2019, September 2019, and March 2020
$4.0 
Retail customer usage/load Weather normalized KWh sales decreased 0.2%, offset by an increase of 1.3% in the average number of retail consumers and the leap-year impact
— 
Demand-based customer usage/load – Higher demand-based revenues for large commercial and industrial customers; weather normalized billed demand excluding retail transmission customers increased 2.7%
0.7 
Weather – Milder weather in 2020; heating degree days were 23.4% lower in 2020
(1.0)
Rate Riders – Impacts of rate riders, including the CTC surcharge, energy efficiency rider, rate case expense rider, and transmission cost recovery factor
(0.2)
Other(0.2)
Net Change$3.3 
   Three Months Ended
June 30, 2019
   Change
Utility margin: (In millions)
    
 
Retail rate relief – TNMP 2018 Rate Case retail rate increase effective January 1, 2019, including integration of amounts previously recovered in the AMS rate rider and the impact of rate design changes between customer classes (Note 12)
 $1.3
 
Transmission rate relief - Increase in transmission cost of service rates primarily resulting from current year filings, net of changes resulting from the TNMP 2018 Rate Case (Note 12)
 0.8
 
Retail customer usage/load  Weather normalized KWh sales decreased 0.9%; the average number of retail consumers increased 1.5%
 (0.1)
 
Demand-based customer usage/load - Higher demand-based revenues for large commercial and industrial customers; billed demand excluding retail transmission customers increased 4.1%.
 0.7
 
Weather – Milder weather in 2019; cooling degree days were 7.5% lower in 2019 resulting from warmer weather in 2018
 (1.1)
 
Rate Riders – Impacts of rate riders, including the CTC surcharge, energy efficiency rider, and transmission cost recovery factor
 (1.0)
 Net Change $0.6

The following tables summarize the primary drivers for changes in operating expenses, depreciation and amortization, other income (deductions), interest charges, and income taxes:
Three Months Ended March 31, 2020
Change
Operating expenses:(In millions)
Lower employee related expenses$(0.9)
Higher vegetation management expenses0.2 
Lower capitalization of administrative and general and other expenses due to lower construction expenditures0.1 
Higher property taxes due to increased utility plant in service0.5 
Net Change$(0.1)

Depreciation and amortization:
Increased utility plant in service$1.7 
Net Change$1.7 

Other income (deductions):
Lower equity AFUDC$(0.1)
Other0.1 
Net Change$— 

90

   Three Months Ended
June 30, 2019
   Change
Operating expenses: (In millions)
   
 Higher employee related expenses $0.4
 Higher property taxes due to increased utility plant in service 0.1
 Net Change $0.5
Depreciation and amortization:  
   
 Increased utility plant in service $1.4
 Higher depreciation rates approved in the TNMP 2018 Rate Case 2.2
 Amortization of AMS and Hurricane Harvey regulatory assets approved in the TNMP 2018 Rate Case 0.7
 Other 0.1
 Net Change $4.4
Other income (deductions):  
   
 Higher equity AFUDC $0.2
 Lower CIAC (0.3)
 Net Change $(0.1)

   Three Months Ended
June 30, 2019
   Change
Interest charges: (In millions)
   
 Repayment of $172.3 million 9.50% first mortgage bonds in April 2019 (Note 9) $4.2
 Issuance of $225.0 of long-term debt in March 2019 (Note 9) (2.2)
 Issuance of $60.0 million of long-term debt in June 2018 (0.6)
 Issuance of $20.0 million term loan in July 2018 and $15.0 million in December 2018 (0.3)
 Other 0.1
 Net Change $1.2
Income taxes:  
   
 Lower segment earnings before income taxes $0.7
 Amortization of excess deferred federal income taxes (Note 14) 2.5
 Other (0.2)
 Net Change $3.0

Three Months Ended March 31, 2020
Change
Interest charges:(In millions)
Repayment of $172.3 million 9.50% first mortgage bonds in April 2019$4.3 
Issuance of $225.0 million first mortgage bonds in March 2019(2.2)
Issuance of $80.0 million first mortgage bonds in July 2019(0.7)
Repayment of $35.0 million term loan in December 20190.3 
Lower debt AFUDC(0.1)
Net Change$1.6 
Operating ResultsSix months ended June 30, 2019 compared to 2018

Income (taxes) benefits:
Higher segment earnings before income taxes$(0.6)
Other0.3 
Net Change$(0.3)
The following table summarizes the significant changes to utility margin:
   Six Months Ended
June 30, 2019
   Change
Utility margin: (In millions)
    
 
Retail rate relief – TNMP 2018 Rate Case retail rate increase effective January 1, 2019, including integration of amounts previously recovered in the AMS rate rider and the impact of rate design changes between customer classes (Note 12)
 $2.5
 
Transmission rate relief - Decrease in transmission cost of service rates primarily resulting from the TNMP 2018 Rate Case offset by current year filings
 (1.7)
 
Retail customer usage/load  Weather normalized KWh sales decreased 1.3%; the average number of retail consumers increased 1.5%
 (0.5)
 
Demand-based customer usage/load - Higher demand-based revenues for large commercial and industrial customers; billed demand excluding retail transmission customers increased 3.7%.
 1.4
 
Weather – Milder weather in 2019; heating degree days were 18.6% lower in January 2019 resulting from unusually cold weather in January 2018; the mind weather trend continued in the second quarter of 2019 and cooling degree days were 12.6% lower year-to-date in 2019 resulting from warmer weather in 2018
 (1.9)
 
Rate Riders – Impacts of rate riders, including the CTC surcharge, energy efficiency rider, and transmission cost recovery factor
 (1.0)
 Net Change $(1.2)


The following tables summarize the primary drivers for changes in operating expenses, depreciation and amortization, other income (deductions), interest charges, and income taxes:
   Six Months Ended
June 30, 2019
   Change
Operating expenses: (In millions)
   
 Higher employee related expenses $1.3
 Higher capitalization of administrative and general expenses due to higher construction expenditures (1.0)
 Higher property taxes due to increased utility plant in service 0.5
 Lower vegetation management expenses (0.4)
 Other 0.4
 Net Change $0.8
Depreciation and amortization:  
   
 Increased utility plant in service $2.3
 Higher depreciation rates approved in the TNMP 2018 Rate Case 4.5
 Higher amortization of AMS and Hurricane Harvey regulatory assets approved in the TNMP 2018 Rate Case (Note 12) 1.2
 Other 0.2
 Net Change $8.2
Other income (deductions):  
   
 Lower equity AFUDC $(0.1)
 Lower CIAC (0.5)
 Net Change $(0.6)
Interest charges:  
   
 Repayment of $172.3 million 9.50% first mortgage bonds in April 2019 (Note 9) $4.2
 Issuance of $225.0 of long-term debt in March 2019 (Note 9) (2.3)
 Issuance of $60.0 million of long-term debt in June 2018 (1.2)
 Issuance of $20.0 million term loan in July 2018 and $15.0 million in December 2018 (0.6)
 Net Change $0.1
Income taxes:  
   
 Lower segment earnings before income taxes $2.2
 Amortization of excess deferred federal income taxes (Note 14) 3.2
 Other (0.2)
 Net Change $5.2


Corporate and Other

The table below summarizes the operating results for Corporate and Other:
Three Months Ended March 31,
20202019Change
(In millions)
Electric operating revenues$—  $—  $—  
Cost of energy—  —  —  
   Utility margin—  —  —  
Operating expenses(5.5) (5.8) 0.3  
Depreciation and amortization5.7  5.9  (0.2) 
   Operating income (loss)(0.2) (0.2) —  
Other income (deductions)(0.6) (0.8) 0.2  
Interest charges(5.6) (4.5) (1.1) 
Segment earnings (loss) before income taxes(6.5) (5.4) (1.1) 
Income (taxes) benefit0.2  1.0  (0.8) 
Segment earnings (loss)$(6.3) $(4.4) $(1.9) 
 Three Months Ended June 30, Six Months Ended June 30,
 2019 2018 Change 2019 2018 Change
 (In millions)
Electric operating revenues$
 $
 $
 $
 $
 $
Cost of energy
 
 
 
 
 
   Utility margin
 
 
 
 
 
Operating expenses(5.5) (5.4) (0.1) (11.3) (10.4) (0.9)
Depreciation and amortization5.8
 5.7
 0.1
 11.7
 11.4
 0.3
   Operating income (loss)(0.2) (0.4) 0.2
 (0.4) (1.1) 0.7
Other income (deductions)(0.1) 0.5
 (0.6) (1.0) 2.2
 (3.2)
Interest charges(4.7) (5.5) 0.8
 (9.2) (10.0) 0.8
Segment earnings (loss) before income taxes(5.1) (5.4) 0.3
 (10.5) (8.9) (1.6)
Income (taxes) benefit0.8
 1.7
 (0.9) 1.9
 3.0
 (1.1)
Segment earnings (loss)$(4.2) $(3.7) $(0.5) $(8.6) $(5.8) $(2.8)

Corporate and Other operating expenses shown above are net of amounts allocated to PNM and TNMP under shared services agreements. The change in depreciation and amortization expense primarily relates to additions to computer software. Substantially all depreciation and amortization expense and other income (deductions) are offset in operating expenses as a result of allocation of these costs to other business segments.

Operating ResultsThree months ended June 30, 2019Months Ended March 31, 2020 compared to 20182019
The following tables summarize the primary drivers for changes in other income (deductions), interest charges, and income taxes:
Three Months Ended March 31, 2020
Change
Other income (deductions):(In millions)
Higher equity method investment income from NMRD$0.1 
Other0.1 
Net Change$0.2 

91

   Three Months Ended
June 30, 2019
   Change
Other income (deductions): (In millions)
   
 Decrease in interest income on the Westmoreland Loan $(1.0)
 Decrease in donations and other contributions 0.4
 Net Change $(0.6)
Interest charges:  
   
 Issuance of $90.0 million PNMR Development Term Loan in November 2018 (0.8)
 Higher short-term borrowings (0.1)
 Issuance of $50.0 million PNMR 2018 Two-Year Term Loan (0.4)
 Repayment of $100.0 million PNMR 2016 Two-Year Term Loan 0.7
 Repayment of the BTMU Term Loan in May 2018 1.1
 Elimination of intercompany interest (Note 9) 0.3
 Net Change $0.8
Income taxes:  
   
 Impact of difference in effective tax rates used by PNMR and its subsidiaries in the calculation of income taxes in interim periods $(0.8)
 Lower segment loss before income taxes (0.1)
 Net Change $(0.9)


Three Months Ended March 31, 2020
Change
Interest charges:(In millions)
Lower interest on term loans$0.5 
Higher short-term borrowings(0.7)
Elimination of intercompany interest(0.9)
Net Change$(1.1)
Operating ResultsSix months ended June 30, 2019 compared to 2018
Income (taxes) benefits:
Impact of difference in effective tax rates used by PNMR and its subsidiaries in the calculation of income taxes in interim periods$(1.3)
Higher segment loss before income taxes0.3 
Other0.2 
Net Change$(0.8)
The following tables summarize the primary drivers for changes in other income (deductions), interest charges, and income taxes:
   Six Months Ended
June 30, 2019
   Change
Other income (deductions): (In millions)
   
 Decrease in interest income on the Westmoreland Loan $(2.7)
 Increase in donations and other contributions (0.1)
 Other (0.4)
 Net Change $(3.2)
Interest charges:  
   
 Issuance of $300.0 million PNMR 2018 SUNs in March 2018 $(1.8)
 Issuance of $90.0 million PNMR Development Term Loan in November 2018 (1.5)
 Issuance of $50.0 million PNMR 2018 Two-Year Term Loan (0.8)
 Lower short-term borrowings 0.3
 Repayment of $150.0 million PNMR 2015 Term Loan in March 2018 0.8
 Repayment of $100.0 million PNMR 2016 Two-Year Term Loan 1.1
 Repayment of the BTMU Term Loan in May 2018 1.8
 Elimination of intercompany interest (Note 9) 1.2
 Other (0.3)
 Net Change $0.8
Income taxes:  
   
 Impact of difference in effective tax rates used by PNMR and its subsidiaries in the calculation of income taxes in interim periods $(1.7)
 Larger segment loss before income taxes 0.4
 Other 0.2
 Net Change $(1.1)

LIQUIDITY AND CAPITAL RESOURCES

Statements of Cash Flows

The changes in PNMR’s cash flows for the sixthree months ended June 30, 2019March 31, 2020 compared to June 30, 2018March 31, 2019 are summarized as follows:
Six Months Ended June 30,Three Months Ended March 31,
2019 2018 Change20202019Change
(In millions)(In millions)
Net cash flows from:     Net cash flows from:
Operating activities$171.9
 $133.9
 $38.0
Operating activities$93.8  $104.7  $(10.9) 
Investing activities(312.1) (200.3) (111.8) Investing activities(152.8) (151.9) (0.9) 
Financing activities142.4
 67.3
 75.1
Financing activities71.5  225.2  (153.7) 
Net change in cash and cash equivalents$2.1
 $0.9
 $1.2
Net change in cash and cash equivalents$12.4  $178.0  $(165.6) 
Cash Flows from Operating Activities
Changes in PNMR’s cash flow from operating activities result from net earnings, adjusted for items impacting earnings that do not provide or use cash. See Results of Operations above. Certain changes in assets and liabilities resulting from normal operations, including the effects of the seasonal nature of the Company’s operations, also impact operating cash flows.

Cash Flows from Investing Activities

The changes in PNMR’s cash flows from investing activities relate primarily to changes in utility plant additions. Cash flows from investing activities also include purchases and sales of investment securities in the NDT and coal mine reclamation trusts including activity to rebalance the investment portfolio in early 2018. In addition, cash flows from investing activities includeas well as activity related to the Westmoreland Loan, which was paid in full in May 2018, and NMRD. Major components of PNMR’s cash inflows and (outflows) from investing activities are shown below:
92

Six Months Ended June 30,Three Months Ended March 31,
2019 2018 Change20202019Change
Cash (Outflows) for Utility Plant Additions(In millions)Cash (Outflows) for Utility Plant Additions(In millions)
PNM:     PNM:
Generation$(36.3) $(35.8) $(0.5)Generation$(11.5) $(22.1) $10.6  
Renewables(31.7) 
 (31.7)Renewables—  (18.5) 18.5  
Transmission and distribution(78.2) (63.7) (14.5)Transmission and distribution(50.2) (29.2) (21.0) 
Four Corners SCRs
 (6.9) 6.9
Nuclear fuel(11.7) (13.9) 2.2
Nuclear fuel(8.9) (6.1) (2.8) 
(70.6) (75.9) 5.3  
(157.9) (120.3) (37.6)
TNMP:     TNMP:
Transmission(47.1) (51.2) 4.1
Transmission(16.3) (27.5) 11.2  
Distribution(77.3) (64.2) (13.1)Distribution(44.1) (31.1) (13.0) 
(124.4) (115.4) (9.0)
(60.4) (58.6) (1.8) 
Corporate and Other:     Corporate and Other:
Computer hardware and software(10.8) (9.9) (0.9)Computer hardware and software(9.2) (7.4) (1.8) 
Total cash (outflows) for additions to utility plant$(293.1) $(245.6) $(47.5)Total cash (outflows) for additions to utility plant$(140.2) $(141.9) $1.7  
     
Other Cash Flows from Investing Activities     Other Cash Flows from Investing Activities
Proceeds from sales of investment securities$234.0
 $794.1
 $(560.1)Proceeds from sales of investment securities$149.4  $74.5  $74.9  
Purchases of investment securities(239.6) (797.3) 557.7
Purchases of investment securities(152.1) (77.4) (74.7) 
Principal payments on the Westmoreland Loan
 56.6
 (56.6)
Investments in NMRD(13.3) (8.0) (5.3)Investments in NMRD(10.0) (7.0) (3.0) 
Other, net(0.1) (0.1) 
Other, net0.1  (0.1) 0.2  
Total cash (outflows) from investing activities$(312.1) $(200.3) $(111.8)Total cash (outflows) from investing activities$(152.8) $(151.9) $(0.9) 

Cash Flow from Financing Activities
The changes in PNMR’s cash flows from financing activities include:
Short-term borrowings increased $106.5$115.5 million in 20192020 compared to a decrease of $22.8$12.1 million in 2018,2019, resulting in a net increase in cash flows from financing activities of $129.3$127.6 million
In 2019, PNM borrowed $250.0 million under the PNM 2019 Term Loan and used the proceeds to repay the $200.0 million PNM 2017 Term Loan
In 2019, TNMP issued $225.0 million of TNMP 2019 Bonds used the proceeds to repay TNMP’s $172.3 million 9.50% first mortgage bonds
In 2018, PNMR issued $300.0 million aggregate principal amount of 3.250% SUNs and used the proceeds to repay the $150.0 million PNMR 2015 Term Loan Agreement and to reduce short-term borrowings
In 2018, PNM issued $350.0 million of SUNs and repaid $350.0 million of 7.95% of SUNs
NM Capital made principal payments on the BTMU Term Loan Agreement of $50.1 million in 2018
In 2018, TNMP issued $60.0 million of 3.85% first mortgage bonds and used the proceeds to reduce short-term debt

Financing Activities

See Note 7 of the Notes to Consolidated Financial Statements in the 20182019 Annual Reports on Form 10-K and Note 9 for additional information concerning the Company’s financing activities. PNM must obtain NMPRC approval for any financing transaction having a maturity of more than 18 months. In addition, PNM files its annual short-term financing plan with the NMPRC. The Company’s ability to access the credit and capital markets at a reasonable cost is largely dependent upon its:

Ability to earn a fair return on equity

Results of operations
Ability to obtain required regulatory approvals
Conditions in the financial markets
Credit ratings

The Company is closely monitoring developments and is taking steps to mitigate the potential risks related to COVID-19. The Company currently believes it has adequate liquidity but cannot predict the extent or duration of the outbreak, its effects on the global, national or local economy, including the Company's ability to access capital in the financial markets, or on the Company's financial position, results of operations, and cash flows.

Each of the Company’s revolving credit facilities and term loans contain a single financial covenant that requires the maintenance of a debt-to-capitalization ratio. For the PNMR and PNMR Development agreements, this ratio must be maintained at less than or equal to 70%, and for the PNM and TNMP agreements this ratio must be maintained at less than or equal to 65%. The Company’s revolving credit facilities and term loans generally also contain customary covenants, events of default, cross-default provisions, and change-of-control provisions. The Company is in compliance with its debt covenants.

On October 21, 2016, PNMR entered into letter of credit arrangements with JPMorgan Chase Bank, N.A. (the “JPM LOC Facility”) under which letters of credit aggregating $30.3 million were issued to facilitate the posting of reclamation
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bonds, which WSJ LLC is required to post in connection with permits relating to the operation of the San Juan mine (Note 11).mine. See Notes 10 and 11.

OnAs discussed in Note 9, in January 18, 2019,2020, PNMR entered into forward sale agreements to sell approximately 6.2 million shares of PNMR common stock. The initial forward sale price of $47.21 per share is subject to adjustments based on a net interest rate factor and by expected future dividends paid on PNMR common stock as specified in the forward sale agreements. PNMR did not initially receive any proceeds upon the execution of these agreements and, except in certain specified circumstances, has the option to elect physical, cash, or net share settlement on or before the date that is 12 months from their effective dates. PNMR expects to physically settle all shares under the agreements on or before January 7, 2021.

In April 2020, PNM entered into athe $250.0 million term loan agreement (the “PNM 2019PNM 2020 Term Loan”) among PNM, the lenders identified therein,Loan and U.S. Bank N.A., as administrative agent. PNM used the proceeds to prepay the PNM 2019 $250.0 million Term Loan, without penalty. As discussed below, on April 30, 2020, PNM used $100.0 million of proceeds from the PNM 2020 SUNs to prepay without penalty an equal amount of the PNM 20192020 Term Loan to repay the PNM 2017 Term Loan, to reduce short-term borrowings under the PNM Revolving Credit Facility, and for general corporate purposes. The PNM 2019 Term Loan bears interest at a variable rate and must be repaid on or before July 17, 2020.Loan.

On February 26, 2019,April 24, 2020, TNMP entered into the TNMP 20192020 Bond Purchase Agreement with institutional investors for the sale of $305.0$185.0 million aggregate principal amount of four series of TNMP first mortgage bonds (the “TNMP 2019 Bonds”"TNMP 2020 Bonds") offered in private placement transactions. Under the TNMP 2019 Bond Purchase Agreement, TNMP issued $225.0$110.0 million of the TNMP 20192020 Bonds on March 29, 2019 (at fixed annual interest rates ranging from 3.79% to 4.06% for terms ranging from 15 to 25 years) and used the proceeds to repay TNMP’s $172.3 million 9.50% first mortgage bonds at their maturity on April 1, 2019, as well as to repay borrowings under the TNMP Revolving Credit Facility and for general corporate purposes. TNMP issued the remaining $80.0 million of the TNMP 2019 Bonds on July 1, 2019 (at a fixed annual interest rate of 3.60% for a term of ten years)24, 2020 and used the proceeds to repay borrowings under the TNMP Revolving Credit Facility and for generalother corporate purposes. TNMP will issue the remaining $75.0 million of TNMP 2020 Bonds on or before July 15, 2020 and will use the proceeds from that issuance to repay borrowings under the TNMP Revolving Credit Facility and for other corporate purposes. The issuance of the remaining TNMP 2020 Bonds is subject to the satisfaction of customary conditions, and the TNMP 2020 Bonds are subject to continuing compliance with the representations, warranties and covenants of the TNMP 2020 Bond Purchase Agreement. The terms of the TNMP 2019 Bonds contain2020 Bond Purchase Agreement include customary covenants, including a covenant that requires TNMP to maintain a debt-to-capitalization ratio of less than or equal to 65%, customary events of default, a cross-default provision, and a change-of-control provision. TNMP will have the right to redeem any or all of the TNMP 20192020 Bonds prior to their respective maturities, subject to payment of a customary make-whole premium.

On April 30, 2020, PNM issued $200.0 million aggregate principal amount of PNM 2020 SUNs offered in private placement transactions. PNM used $100.0 million of proceeds from the PNM 2020 SUNs to repay an equal amount of the PNM 2020 Term Loan. The remaining $100.0 million of the PNM 2020 SUNs was used to repay borrowings on the PNM Revolving Credit Facility and for other corporate purposes. The PNM 2020 Note Purchase Agreement includes customary covenants, including a covenant that requires PNM to maintain a debt-to-capitalization ratio of less than or equal to 65%, customary events of default, including a cross-default provision, and covenants regarding parity of financial covenants, liens and guarantees with respect to PNM’s material credit facilities. In accordance with GAAP, borrowings under the $172.3 million 9.50% TNMP first mortgage bonds are reflected as being long-term inevent of a change of control, PNM will be required to offer to prepay the Condensed Consolidated Balance SheetsPNM 2020 SUNs at December 31, 2018 since TNMP demonstrated its intent and abilitypar. PNM has the right to re-financeredeem any or all of the agreement onPNM 2020 SUNs prior to their maturities, subject to payment of a long-term basis.customary make-whole premium.

See discussion of the NMPRC's April 1, 2020 approval of PNM’s request to issue up to $361 million of Securitized Bonds in the SJGS Abandonment Application, and the related appeal to the NM Supreme Court in Note 12, which includes a request to issue approximately $361 million of energy transition bonds, as provided by the ETA, upon the proposed retirement of SJGS in 2022.12.

In 2017, PNMR entered into three separate four-year hedging agreements whereby it effectively established fixed interest rates on three separate tranches, each of $50.0 million, of its variable rate debt. The hedging agreements effectively fix interest rates on the aggregate $150.0 million of short-term debt at rates of 1.926%, 1.823%, and 1.629%, plus customary spreads over LIBOR, and are subject to changes if there is a change in PNMR’s credit rating.

Capital Requirements

PNMR’s total capital requirements consist of construction expenditures, cash dividend requirements for PNMR common stock and PNM preferred stock, and capital contributions for PNMR Development’s 50% ownership interest in NMRD. Key activities in PNMR’s current construction program include:

Upgrading and replacing generation resources including expenditures for compliance with environmental requirements and for renewable energy resources
Expanding the electric transmission and distribution systems
Purchasing nuclear fuel

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Projected capital requirements, including amounts expended through June 30, 2019,March 31, 2020, are:
 20202021-2024Total
 (In millions)
Construction expenditures$826.4  $3,004.6  $3,831.0  
Capital contributions to NMRD27.0  —  27.0  
Dividends on PNMR common stock98.0  422.3  520.3  
Dividends on PNM preferred stock0.5  2.1  2.6  
Total capital requirements$951.9  $3,429.0  $4,380.9  
 2019 2020-2023 Total
 (In millions)
Construction expenditures$605.2
 $2,913.4
 $3,518.6
Capital contributions to NMRD29.9
 33.6
 63.5
Dividends on PNMR common stock92.4
 369.6
 462.0
Dividends on PNM preferred stock0.5
 2.1
 2.6
Total capital requirements$728.0
 $3,318.7
 $4,046.7

The construction expenditure estimates are under continuing review and subject to ongoing adjustment, as well as to Board review and approval. The construction expenditures above include $60.0 million for 50 MW of new solar facilities included in PNM’s 2018 renewable energy procurement plan, and approximately $131.3$91.8 million in 2019-20202020-2021 for anticipated expansions of PNM’s transmission system. Also included in the table above issystem and a net amountinvestment of approximately $285 million in 2021 forresulting from PNM’s May 1, 2019 agreement to purchase a 165-mile 345 kV transmission line and to construct associated facilities (the “Westernthe Western Spirit Line”),Line, subject to NMPRC and FERC approval.certain conditions being met prior to closing. Also included in the table above are approximately $298 million in 2020-2022 for proposedPNM's recommended SJGS replacement generation resourcesresource scenario included in PNM’sthe SJGS Abandonment Application as discussed in Note 12. Not included in the table above are potential incremental expenditures for new customer growth in New Mexico and Texas, and other transmission and renewable energy expansion in New Mexico. The ability of PNMR to pay dividends on its common stock is dependent upon the ability of PNM and TNMP to be able to pay dividends to PNMR. Note 56 of the Notes to Consolidated Financial Statements in the 20182019 Annual Reports on Form 10-K describes regulatory and contractual restrictions on the payment of dividends by PNM and TNMP.

During the sixthree months ended June 30, 2019,March 31, 2020, PNMR met its capital requirements and construction expenditures through cash generated from operations, as well as its liquidity arrangements and the borrowings discussed in Financing Activities above.
In addition to the capital requirements for construction expenditures and dividends, the Company has long-term debt and term loans that must be paid or refinanced at maturity. The $150.0 million PNMR 2018 One-Year Term Loan will mature in December 2019. PNM has $100.3 million of long-term debt that must be repriced by June 2020 and2020. In addition, the $250.0$90.0 million PNM 2019PNMR Development Term Loan matures in July 2020. In addition,November 2020, the $35.0$50.0 million TNMPPNMR 2018 Two-Year Term Loan matures in July 2020. The Company has no other long-term debt due through August 31, 2020.December 2020, and the $300.0 million PNMR 2018 SUNs mature on March 9, 2021. Note 7 of the Notes to Consolidated Financial Statements in the 20182019 Annual Reports on Form 10-K contains additional information about the maturities of long-term debt. The Company anticipates that funds to repay long-term debt maturities and term loans will come from entering into new arrangements similar to the existing agreements, borrowing under the revolving credit facilities, issuance of new long-term debt or equity in the public or private capital markets, or a combination of these sources. The Company has from time to time refinanced or repurchased portions of its outstanding debt before scheduled maturity. PNM has $36.0 million of PCRBs that became callable at par on January 1, 2020 and an additional $266.5 million of PCRBs that will become callable at par on June 1, 2020. Depending on market conditions, the Company may refinance otherthese debt issuances or make additional debt repurchases in the future.

Liquidity

PNMR’s liquidity arrangements include the PNMR Revolving Credit Facility, the PNM Revolving Credit Facility, and the TNMP Revolving Credit Facility. The PNMR and PNM facilities currently expire onin October 22, 2023 but can be extended through October 2024, subject to approval by a majority of the lenders. The $75.0 million TNMP Revolving Credit Facility matures in September 2022. PNM also has the $40.0 million PNM 2017 New Mexico Credit Facility that expires onin December 12, 2022. The Company believes the terms and conditions of these facilities are consistent with those of other investment grade revolving credit facilities in the utility industry.  The Company expects that it will be able to extend or replace these credit facilities under similar terms and conditions prior to their expirations.

On February 22, 2019, PNMR Development amended itshas a $40.0 million revolving credit facility to increase the capacity to $25.0 million and to extend the term untilthat expires on February 24, 2020. On July 22, 2019, the23, 2021. PNMR Development Revolving Credit Facility was amended to increase the capacity to $40.0 million withhas the option to further increase the capacity of this facility to $50.0 million upon 15-days advanceadvanced notice. The facility will continue to have the expiration date of February 24, 2020. The facilityPNMR Development Revolving Credit Facility bears interest at a variable rate and contains terms similar to the PNMR Revolving Credit Facility. PNMR has guaranteed the obligations of PNMR Development under the facility. PNMR Development uses the facility to finance its participation in NMRD and for other activities (Note 1).activities. See Note 16. The Company believes the terms and conditions of these facilities are consistent with those of other investment grade revolving credit facilities in the utility industry.  Variable interest rates under these facilities are based on LIBOR but contain provisions which allow for the replacement of LIBOR with other widely accepted interest rates. The Company expects that it will be able to extend or replace these credit facilities under similar terms and conditions prior to their expirations.

The revolving credit facilities and the PNM 2017 New Mexico Credit Facility provide short-term borrowing capacity. The revolving credit facilities also allow letters of credit to be issued. Letters of credit reduce the available capacity under the facilities. The Company utilizes these credit facilities and cash flows from operations to provide funds for both construction and operational

expenditures. The Company’s business is seasonal with more revenues and cash flows from operations being generated in the summer months. In general, the Company relies on the credit facilities to be the initial funding source for
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construction expenditures. Accordingly, borrowings under the facilities may increase over time. Depending on market and other conditions, the Company will periodically sell long-term debt and use the proceeds to reduce the borrowings under the credit facilities.

Information regarding the range of borrowings for each facility is as follows:
 Three Months Ended June 30, 2019 Six Months Ended June 30, 2019Three Months Ended March 31, 2020
Range of Borrowings Low High Low HighRange of BorrowingsLowHigh
 (In millions)    (In millions)
PNM:        PNM:
PNM Revolving Credit Facility $
 $27.2
 $
 $40.0
PNM Revolving Credit Facility$30.0  $63.2  
PNM 2017 New Mexico Credit Facility 
 15.0
 
 15.0
PNM 2017 New Mexico Credit Facility10.0  30.0  
TNMP Revolving Credit Facility 7.5
 55.0
 
 55.0
TNMP Revolving Credit Facility16.6  70.0  
PNMR Revolving Credit Facility 50.8
 84.5
 20.0
 84.5
PNMR Revolving Credit Facility110.5  188.6  
PNMR Development Revolving Credit Facility 11.6
 21.9
 6.0
 21.9
At June 30, 2019,March 31, 2020, the average interest rates were 3.67%2.15% for the PNMR Revolving Credit Facility, 3.15% for the PNMR 2018 One-Year Term Loan, 3.53%2.35% for the PNM Revolving Credit Facility, 3.52%2.12% for the PNM 2017 New Mexico Credit Facility, 3.16%and 1.74% for the TNMP Revolving Credit Facility, and 3.41% forFacility. There were no borrowings outstanding under the PNMR Development Revolving Credit Facility.Facility at March 31, 2020.

The Company currently believes that its capital requirements for at least the next twelve months can be met through internal cash generation, existing, extended, or new credit arrangements, and access to public and private capital markets. As discussed above and in Note 9, in January 2020, PNMR entered into the PNMR 2020 Equity Forward Sale Agreements for 6.2 million shares of PNMR common stock. In April 2020, PNM executed the $250.0 million PNM 2020 Term Loan and used the proceeds to pay off the PNM 2019 $250.0 Million Term Loan, and issued $200.0 million of PNM 2020 SUNs and used a portion of the proceeds to repay $100.0 million under the PNM 2020 Term Loan without penalty. In addition, in April 2020, TNMP entered into the TNMP 2020 Bond Purchase Agreement, under which TNMP agreed to issue a total of $185.0 million of first mortgage bonds. Under that agreement, TNMP issued $110.0 million of first mortgage bonds on April 24, 2020 and will issue the remaining $75.0 million on or before July 15, 2020. The Company anticipates that it will be necessary to obtain additional long-term financing to fund its capital requirements and to balance its capital structure during the 2019-20232020-2024 period, including interim financing to fund construction of replacement resources prior to the issuance of the energy transition bonds included in PNM’s SJGS Abandonment Application (Note 12).Application. See Note 12. This could include new debt and/or equity issuances. The Company anticipates utilizing an at-the-market equity issuance program, or other programissuances, including instruments such as mandatory convertible securities to raise equity beginning in 2020 to partially fund capital requirements and balance its capital structure. The Company also expects to issue new debt periodically to fund capital investments.2021. To cover the difference in the amounts and timing of internal cash generation and cash requirements, the Company intends to use short-term borrowings under its current and future liquidity arrangements.arrangements or other short-term loans. However, if difficult market conditions return,persist or worsen, the Company may not be able to access the capital markets or renew credit facilities when they expire.expire or the cost of these facilities and debt issuances may increase. Should that occur, the Company would seek to improve cash flows by reducing capital expenditures and exploring other available alternatives.
Information concerning the credit ratings for PNMR, PNM, and TNMP was set forth under the heading Liquidity in the MD&A contained in the 2018 Annual Reports on Form 10-K.
As of July 26, 2019,May 1, 2020, ratings on the Company’s securities were as follows:

PNMRPNMTNMP
S&P
CorporateIssuer ratingBBB+BBBBBB+BBBBBB+
Senior secured debt**A
Senior unsecured debtBBBBBB-BBB+BBB*
Preferred stock*BBB-BB+*
Moody’s
Issuer ratingBaa3Baa2A3
Senior secured debt**A1
Senior unsecured debtBaa3Baa2*
* Not applicable

Currently, all of the credit ratings issued by both Moody’s and S&P on the Company’s debt are investment grade. On January 16, 2018, S&P changed the outlook for PNMR, PNM, and TNMP from stable to negative while affirming the ratings above for all the entities. On June 29, 2018, Moody’s changed the ratings outlook for PNMR and PNM from positive to stable, maintained the stable outlook for TNMP, and affirmed the long-term credit ratings of each entity. OnIn August 1, 2019, Moody’s affirmed the credit rating and stable outlook for PNM.PNMR, PNM and TNMP. On April 6, 2020, S&P reduced the issuer credit ratings for PNMR, PNM, and
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TNMP by one notch, reduced the senior unsecured debt ratings for PNMR and PNM by one notch, affirmed TNMP's senior secured debt rating, and issued a stable outlook for each entity. In addition, S&P reduced PNM's preferred stock rating to BB+. Investors are cautioned that a security rating is not a recommendation to

buy, sell, or hold securities, that each rating is subject to revision or withdrawal at any time by the rating organization, and that each rating should be evaluated independently of any other rating.

A summary of liquidity arrangements as of July 26, 2019May 1, 2020 is as follows:
PNMTNMP
PNMR
Separate
PNMR
Development
PNMR Consolidated
(In millions)
Financing capacity:
Revolving credit facility$400.0  $75.0  $300.0  $40.0  $815.0  
PNM 2017 New Mexico Credit Facility40.0  —  —  —  40.0  
Total financing capacity$440.0  $75.0  $300.0  $40.0  $855.0  
Amounts outstanding as of May 1, 2020:
Revolving credit facility$15.0  $—  $132.7  $—  $147.7  
PNM 2017 New Mexico Credit Facility30.0  —  —  —  30.0  
Letters of credit2.5  0.1  4.7  —  7.3  
Total short-term debt and letters of credit47.5  0.1  137.4  —  185.0  
Remaining availability as of May 1, 2020$392.5  $74.9  $162.6  $40.0  $670.0  
Invested cash as of May 1, 2020$1.9  $21.9  $0.9  $—  $24.7  
 PNM TNMP 
PNMR
Separate
 
PNMR
Development
 PNMR Consolidated
 (In millions)
Financing capacity:         
Revolving credit facility$400.0
 $75.0
 $300.0
 $40.0
 $815.0
PNM 2017 New Mexico Credit Facility40.0
 
 
 
 40.0
Total financing capacity$440.0
 $75.0
 $300.0
 $40.0
 $855.0
          
Amounts outstanding as of July 26, 2019:         
Revolving credit facility$29.4
 $
 $67.7
 $32.9
 $130.0
PNM 2017 New Mexico Credit Facility25.0
 
 
 
 25.0
Letters of credit2.5
 0.1
 4.7
 
 7.3
Total short-term debt and letters of credit56.9
 0.1
 72.4
 32.9
 162.3
          
Remaining availability as of July 26, 2019$383.1
 $74.9
 $227.6
 $7.1
 $692.7
Invested cash as of July 26, 2019$
 $13.8
 $0.9
 $
 $14.7

In addition to the above, PNMR has $30.3 million of letters of credit outstanding under the JPM LOC Facility. The above table excludes intercompany debt. As of July 26, 2019,May 1, 2020, neither PNM, and TNMP, had no intercompany borrowings from PNMR however,nor PNMR Development had $0.2 million ofany intercompany borrowings from PNMR. The remaining availability under the revolving credit facilities at any point in time varies based on a number of factors, including the timing of collections of accounts receivables and payments for construction and operating expenditures.

PNMR has an automatic shelf registration that provides for the issuance of various types of debt and equity securities that expires in March 2021. PNM has a shelf registration statement for up to $475.0 million of senior unsecured notes that expires inon May 17, 2020.
Off-Balance Sheet Arrangements

PNMR has no off-balance sheet arrangements that have or are reasonably likely to have a current or future effect on our financial condition, changes in financial condition, revenues or expenses, results of operations, liquidity, capital expenditures or capital resources that isare material to investors.
Commitments and Contractual Obligations
PNMR, PNM, and TNMP have contractual obligations for long-term debt, operating leases, construction expenditures, purchase obligations, and certain other long-term obligations. See MD&A – Commitments and Contractual Obligations in the 20182019 Annual Reports on Form 10-K.

Contingent Provisions of Certain Obligations
As discussed in the 20182019 Annual Reports on Form 10-K, PNMR, PNM, and TNMP have a number of debt obligations and other contractual commitments that contain contingent provisions. Some of these, if triggered, could affect the liquidity of the Company. In the unlikely event that the contingent requirements were to be triggered, PNMR, PNM, or TNMP could be required to provide security, immediately pay outstanding obligations, or be prevented from drawing on unused capacity under certain credit agreements. The contingent provisions also include contractual increases in the interest rate charged on certain of the Company’s short-term debt obligations in the event of a downgrade in credit ratings. The Company believes its financing arrangements are sufficient to meet the requirements of the contingent provisions. As discussed above, in April 2020, S&P downgraded PNMR's and PNM's senior unsecured debt ratings which triggered pricing changes in the PNMR and PNM Revolving Credit Facilities. No other conditions have occurred that would result in any of the above contingent provisions being implemented.


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Capital Structure
The capitalization tables below include the current maturities of long-term debt, but do not include short-term debt and do not include operating lease obligations as debt.
March 31,
2020
December 31,
2019
PNMR
PNMR common equity35.0 %35.8 %
Preferred stock of subsidiary0.2  0.2  
Long-term debt64.8  64.0  
Total capitalization100.0 %100.0 %
PNM
PNM common equity44.1 %45.2 %
Preferred stock0.4  0.4  
Long-term debt55.5  54.4  
Total capitalization100.0 %100.0 %
TNMP
Common equity52.8 %52.9 %
Long-term debt47.2  47.1  
Total capitalization100.0 %100.0 %

 June 30,
2019
 December 31,
2018
PNMR   
PNMR common equity36.7% 38.6%
Preferred stock of subsidiary0.3
 0.3
Long-term debt63.0
 61.1
Total capitalization100.0% 100.0%
PNM   
PNM common equity43.8% 45.6%
Preferred stock0.4
 0.4
Long-term debt55.8
 54.0
Total capitalization100.0% 100.0%
TNMP   
Common equity52.0% 53.9%
Long-term debt48.0
 46.1
Total capitalization100.0% 100.0%

OTHER ISSUES FACING THE COMPANY
Climate Change Issues

Background
For the past several years, management has identified multiple risks and opportunities related to climate change, including potential environmental regulation, technological innovation, and availability of fuel and water for operations, as among the most significant risks facing the Company. Accordingly, these risks are overseen by the full Board in order to facilitate more integrated risk and strategy oversight and planning. Board oversight includes understanding the various challenges and opportunities presented by these risks, including the financial consequences that might result from enacted and potential federal and/or state regulation of GHG; plans to mitigate these risks; and the impacts these risks may have on the Company’s strategy. In addition, the Board approves certain procurements of environmental equipment, grid modernization technologies, and replacement generation resources.
Management is also responsible for assessing significant risks, developing and executing appropriate responses, and reporting to the Board on the status of risk activities. For example, management periodically updates the Board on the implementation of corporate environmental policy, and the Company’s environmental management systems, including the promotion of energy efficiency programs, and the use of renewable resources.  The Board is also informed of the Company’s practices and procedures to assess the impacts of operations on the environment. The Board considers issues associated with climate change, the Company’s GHG exposures, and the financial consequences that might result from enacted and potential federal and/or state regulation of GHG. Management has published, with Board oversight, a Climate Change Report available at http://www.pnmresources.com/about-us/sustainability-portal.aspx, that details the Company’s efforts to transition to an emissions-free generating portfolio by 2040.

As part of management’s continuing effort to monitor climate-related risks and assess opportunities, the Company is evaluating differenthas advanced its understanding of climate change disclosure frameworks, includingby participating in the framework created“2 Degree Scenario” planning by participating in the Electric Power Research Institute (“EPRI”) Understanding Climate Scenarios & Goal Setting Activities program. The program is focused on characterizing and analyzing the relationship of individual electric utility company’s carbon emissions and global temperature goals. Activities include analyzing the current scientific understanding of global emissions pathways that are consistent with limiting global warming and providing insight to assist companies in developing approaches to climate scenario planning. As PNM expands its sustainability efforts, EPRI’s program has also been useful in gaining a better understanding of the Task Force on Climate-relatedClimate-Related Financial DisclosuresDisclosures’ (“TCFD”) recommendations for sustainability reporting. On November 19, 2019, TCFD announced the formation of the TCFD Advisory Group on Climate-Related Guidance. EPRI was
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invited to participate as one of seven members of the group that will provide guidance on implementing scenario analysis at the utility company level and a framework created by Edison Electric Institute. The Company is also participatingto assist in an Electric Power Research Institute project that is analyzing climate change scenarios and GHG goal setting.understanding how climate-related issues affect business strategies.

The Company cannot anticipate or predict the potential long-term effects of climate change or climate change related regulation on its assets and operations.

results of operations, financial position, or cash flows.
Greenhouse Gas Emissions Exposures

In 2018,2019, GHG associated with PNM’s interests in its fossil-fueled generating plants included approximately 5.15.7 million metric tons of CO2, which comprises the vast majority of PNM’s GHG.

As of December 31, 2018,2019, approximately 66%63% of PNM’s generating capacity, including resources owned, leased, and under PPAs, all of which is located within the United States,U.S., consisted of coal or gas-fired generation that produces GHG. This reflects the retirement of SJGS Units 2 and 3 that occurred in December 2017 and the restructuring of ownership in SJGS Unit 4. These events reduced PNM’s entitlement in SJGS from 783 MW to 562 MW and caused the Company’s output of GHG to decrease when compared to 2017. Many factors affect the amount of GHG emitted, including total electricity sales, plant performance, economic dispatch, and the availability of renewable resources. For example, between 2007 and 2018, production from PNM’s largest single renewable energy resource, New Mexico Wind, has varied from a high of 580 GWh in 2011 to a low of 405 GWh in 2014.2015. Variations are primarily due to how much and how often the wind blows. In addition, if PVNGS experienced prolonged outages or if PNM’s entitlement from PVNGS were reduced, PNM might be required to utilize other power supply resources such as gas-fired generation, which could increase GHG.
PNM has several programs underway to reduce or offset GHG from its generation resource portfolio, thereby reducing its exposure to climate change regulation. As described in Note 16 of the Notes to Consolidated Financial Statements in the 20182019 Annual Reports on Form 10-K, PNM received approval for the December 31, 2017 shutdown of SJGS Units 2 and 3 as part of its strategy to address the regional haze requirements of the CAA. The shutdown of SJGS Units 2 and 3 resulted in a reduction of GHG for the entire station of approximately 54% for 2018, reflecting a reduction of 41%32% of GHG from the Company’s owned interests in SJGS, below 2005 levels. PNM’s 2017 IRP indicates that retiring PNM’s share of SJGS in 2022 and exiting ownership in Four Corners in 2031 would provide long-term cost savings to its customers. See additional discussion of PNM’s 2017 IRP and the SJGS Abandonment Application in Note 12. If approved by the NMPRC, retiring PNM’s share of SJGS and exiting participation in Four Corners would further reduce PNM’s GHG.
As of December 31, 2018,2019, PNM owns or procures power under PPAs from 508608 MW of capacity from renewable generation resources, which include solar-PV, wind, and geothermal facilities.facilities including 50 MW of new solar-PV capacity to serve retail customers and 50 MW of new solar-PV capacity to serve a data center located in PNM's service territory. In addition, the NMPRC has granted PNM authority to construct and own 50 MW of solar-PV capacity to serve retail customers beginning in 2020, and to procure an aggregate of 316 MW of additional renewable energy and RECs from solar-PV and wind facilities to serve a data center located in PNM’s service territory. PNM’s 2020 renewable energy procurement plan, which is pendingwas approved by the NMPRC approval,in January 2020, includes a request to procurePPA for an additional 140 MW of wind energy to serve retail customers beginning in 2021 and PNM’s SJGS Abandonment Application, which was filed with the NMPRC on July 1, 2019, includes a request to replace SJGS capacity with 350 MW of solar-PV, 130 MW of battery storage facilities, and 280 MW of new gas-fired peaking capacity. If approved, these resources would result in PNM owning, leasing, or procuring through PPAs capacity from renewable resources and battery storage facilities totaling 1,4441,544 MW and capacity from emissions-free resources totaling 1,8401,946 MW. See additional discussion of these resources in Notes 11 and 12.
PNM also has a customer distributed solar generation program that represented 113.1133.0 MW at June 30, 2019.March 31, 2020. PNM’s distributed solar programs will reduce PNM’s annual production from fossil-fueled electricity generation by about 226.2266.0 GWh. PNM has offered its customers a comprehensive portfolio of energy efficiency and load management programs since 2007. PNM’s cumulative annual savings from these programs werewas approximately 6534,504 GWh of electricity in 2018.through 2019. Over the next 20 years, PNM projects energy efficiency and load management programs will provide the equivalent of approximately 7,7008,756 GWh of electricity, which will avoid at least 3.74.7 million metric tons of CO2 based upon projected emissions from PNM’s system-wide resources. These estimates are subject to change because of the uncertainty of many of the underlying variables, including changes in PNM’s generation portfolio, demand for electricity, energy efficiency, and complex relationships between those variables.
Because of PNM’s dependence on fossil-fueled generation, legislation or regulation that imposes a limit or cost on GHG could impact the cost at which electricity is produced. While PNM expects to recover any such costs through rates, the timing and outcome of proceedings for cost recovery are uncertain. In addition, to the extent that any additional costs are recovered through rates, customers may reduce their usage, relocate facilities to other areas with lower energy costs, or take other actions that ultimately could adversely impact PNM.

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Other Climate Change Risks

PNM’s generating stations are located in the arid southwest. Access to water for cooling for some of these facilities is critical to continued operations. Forecasts for the impacts of climate change on water supply in the southwest range from reduced precipitation to changes in the timing of precipitation. In either case, PNM’s generating facilities requiring water for cooling will

need to mitigate the impacts of climate change through adaptive measures. Current measures employed by PNM generating stations such as air cooling, use of grey water, improved reservoir operations, and shortage sharing arrangements with other water users will continue to be important to sustain operations.

PNM’s service areas occasionally experience periodic high winds and severe thunderstorms. TNMP has operations in the Gulf Coast area of Texas, which experiences periodic hurricanes and other extreme weather conditions. In addition to potentially causing physical damage to Company-owned facilities, which disrupts the ability to transmit and/or distribute energy, weather and other events of nature can temporarily reduce customers’ usage and demand for energy. In addition, other events influenced by climate change, such as wildfires, could disrupt Company operations or result in third-party claims against the Company.

EPA Regulation

In April 2007, the US Supreme Court held that EPA has the authority to regulate GHG under the CAA.  This decision heightened the importance of this issue for the energy industry.  In December 2009, EPA released its endangerment finding for GHG from new motor vehicles, stating that the atmospheric concentrations of six key greenhouse gases (CO2, methane, nitrous oxides, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride) endanger the public health and welfare of current and future generations. In May 2010, EPA released the final PSDPrevention of Significant Deterioration (“PSD”) and Title V Greenhouse Gas Tailoring Rule to address GHG from stationary sources under the CAA permitting programs. The purpose of the rule was to “tailor” the applicability of two programs, the PSD construction permit and Title V operating permit programs, to avoid impacting millions of small GHG emitters. On June 23, 2014, the US Supreme Court found EPA lacked authority to “tailor” the CAA’s unambiguous numerical thresholds of 100 or 250 tons per year, and thus held EPA may not require a source to obtain a PSD permit solely on the basis of its potential GHG. However, the court upheld EPA’s authority to apply the PSD program for GHG to “anyway” sources - those sources that have to comply with the PSD program for other non-GHG pollutants.

On June 25, 2013, then President Obama announced his Climate Action Plan, which outlined how his administration planned to cut GHG in the United States,U.S., prepare the country for the impacts of climate change, and lead international efforts to combat and prepare for global warming. The plan proposed actions that would lead to the reduction of GHG by 17% below 2005 levels by 2020.

On August 3, 2015, EPA responded to the Climate Action Plan by issuing three separate but related actions, which were published in October 2015: (1) the Carbon Pollution Standards for new, modified, and reconstructed power plants (under Section 111(b)); (2) the Clean Power Plan for existing power plants (under Section 111(d)); and (3) a proposed federal plan associated with the Clean Power Plan.

EPA’s Carbon Pollution Standards for new sources (those constructed after January 8, 2014) established separate standards for gas and coal-fired units. The standards reflect the degree of emission limitation achievable through the application of what EPA determined to be the BSER demonstrated for each type of unit. For newly constructed and reconstructed base load natural gas-fired stationary combustion turbines, EPA finalized a standard based on efficient natural gas combined cycle technology. The final standards for coal-fired power plants vary depending on whether the unit is new, modified, or reconstructed, but the new unit standards were based on EPA’s determination that the BSER for new units was partial carbon capture and sequestration. The Clean Power Plan established numeric “emission standards” for existing electric generating units - one for “fossil-steam” units (coal and oil-fired units) and one for natural gas-fired units (combined cycle only). The emission standards arewere based on emission reduction opportunities that EPA deemed achievable using technical assumptions for three “building blocks”: efficiency improvements at coal-fired EGUs, displacement of affected EGUs with renewable energy, and displacement of coal-fired generation with natural gas-fired generation.

Multiple states, utilities, and trade groups filed petitions for review in the DC Circuit to challenge both the Carbon Pollution Standards for new sources and the Clean Power Plan for existing sources. Numerous parties also simultaneously filed motions to stay the Clean Power Plan during the litigation. The DC Circuit refused to stay the rule, but 29 states and state agencies successfully petitioned the US Supreme Court for a stay, which was granted on February 9, 2016, thus halting implementation of the Clean Power Plan. With the US Supreme Court stay in place, the DC Circuit heard oral arguments on the merits of the Clean Power Plan on September 27, 2016 in front of a 10-judge en banc panel. However, before the DC Circuit could issue an opinion, President Trump took office and his administration asked the court to hold the case in abeyance while the rule was re-evaluated, which the court granted. In addition, the DC Circuit issued a similar order in connection with a
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motion filed by EPA to hold cases challenging the NSPS in abeyance. On September 17, 2019, the DC Circuit issued an order that granted motions by various petitioners, including industry groups and EPA, to dismiss the cases challenging the Clean Power Plan as moot due to EPA’s issuance of the Affordable Clean Energy rule, which repeals the Clean Power Plan.

On March 28, 2017, President Trump issued an Executive Order titled “Promoting Energy Independence and Economic Growth.” Among its goals are to “promote clean and safe development of our Nation’s vast energy resources, while at the same time avoiding regulatory burdens that unnecessarily encumber energy production, constrain economic growth, and prevent job

creation.” The order rescinds several key pieces of the Obama Administration’s climate agenda, including the Climate Action Plan and the Final Guidance on Consideration of Climate Change in NEPA Reviews. It directs agencies to review and suspend, revise or rescind any regulations or agency actions that potentially burden the development or use of domestically produced energy resources. Most notably, the order directed EPA to immediately review and, if appropriate and consistent with law, suspend, revise, or rescind (1) the Carbon Pollution Standards for new, reconstructed or modified electric utilities, (2) the Clean Power Plan, (3) the Proposed Clean Power Plan Model Trading Rules, and (4) the Legal Memorandum supporting the Clean Power Plan. In response, the EPA signed a NOPR to repeal the Clean Power Plan on October 10, 2017. The notice proposed a legal interpretation concluding that the Clean Power Plan exceeded EPA’s statutory authority. On August 31, 2018, EPA published a proposed rule, which is informally known as the Affordable Clean Energy rule, to replace the Clean Power Plan. On June 19, 2019, EPA released the final version of the Affordable Clean Energy rule. EPA takes three actions in the final rule: (1) finalizes the repeal ofrepealing the Clean Power Plan; (2) finalizespromulgating the Affordable Clean Energy rule; and (3) revisesrevising the implementing regulations for all emission guidelines issued under Clean Air ActCAA Section 111(d) which, among other things, extends the deadline for state plans and extends the timing of state plans. The final rule is very similar to the August 2018 proposed rule.EPA's approval process. EPA set the Best System of Emissions Reduction (“BSER”)BSER for existing coal-fired power plants as heat rate efficiency improvements based on a range of "candidate technologies"“candidate technologies” that can be applied inside the fence-line. Rather than setting a specific numerical standard of performance, EPA'sEPA’s rule directs states to determine which of the candidate technologies to apply to each coal-fired unit and establish standards of performance based on the degree of emission reduction achievable based on the application of BSER. States will have three years from when theThe final rule is finalizedrequires states to submit a plan to EPA by July 8, 2022 and then the EPA has one year to approve the plan. If states do not submit a plan or their submitted plan is not acceptable, EPA will have two years to develop a federal plan. While corresponding NSR reform regulations were proposed as part of the EPA’s initial Affordable Clean Energy proposal, the final rule did not include such reform measures. EPA announced that it will be taking final action on the NSR reform proposal for EGUs in the near future. The Affordable Clean Energy rule is not expected to impact SJGS since EPA’s final approval of a state SIP would occur after the planned shutdown of SJGS in 2022 (subject to NMPRC approval).
While corresponding NSR reform regulations were proposed as part of the proposed Affordable Clean Energy rule, the final rule did not include such reform measures. EPA has indicated that it plans to finalize the proposed NSR reform in 2020. Unrelated to the Affordable Clean Energy rule, EPA issued a proposed rule on August 1, 2019 to clarify one aspect of the pre-construction review process for evaluating whether the NSR permitting program would apply to a proposed project at an existing source of emissions. The proposed rule clarifies that both emissions increases and decreases resulting from projects are to be considered in determining whether the proposed project will result in an increase in air emissions.
On December 20, 2018, EPA published in the Federal Register a proposed rule that would revise the Carbon Pollution Standards rule published in October 2015 for new, reconstructed, or modified coal-fired EGUs. The proposed rule would revise the standards for new coal-fired EGUs based on the revised BSER as the most efficient demonstrated steam cycle (e.g., supercritical steam conditions for large units and subcritical steam conditions for small units), instead of partial carbon recapturecapture and sequestration, which results insequestration. As a result, the proposed rule contains less stringent CO2 emission performance standards for new units. EPA has also proposed revisions to the standards for reconstructed and modified fossil-fueled power plants to align with the proposed standards for new units. EPA is not proposing any changes nor reopening the standards of performance for newly constructed or reconstructed stationary combustion turbines. Comments on the proposal were due on March 18, 2019 and a final rule is expected in late 2019.
PNM is unable to predict the outcome of EPA’s regulatory actions repealing and replacing the Clean Power Plan. This action will be subject to judicial review and the outcome of those proceedings cannot be predicted. In addition, to the extent that the Affordable Clean Energy regulations go into effect as finalized, it is not clear how these regulations will impact Four Corners.
The 2018 proposed Carbon Pollution Standards rule could also impact PNM’s generation fleet to the extent any EGUs qualify as new, reconstructed, or modified, although that rule remains under review by EPAEPA. Comments on the proposal were due on March 18, 2019 and a final rule is expected in 2020.
The Affordable Clean Energy rule has been challenged by several parties and may be impacted by further litigation. The results of additional judicial review and the DC Circuit.outcome of those proceedings cannot be predicted.

Federal Legislation

Prospects for enactment in Congress of legislation imposing a new or enhanced regulatory program to address climate change are highly unlikely in 2019.2020.  Although the new democratic leadership in the U.S. House of Representatives may soon begin to reconsider proposals for legislation aimed at addressing climate change, such legislation is unlikely to pass the republican controlled U.S. Senate or be signed by the President.
State and Regional Activity

Pursuant to New Mexico law, each utility must submit an IRP to the NMPRC every three years to evaluate renewable energy, energy efficiency, load management, distributed generation, and conventional supply-side resources on a consistent and
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comparable basis.  The IRP is required to take into consideration risk and uncertainty of fuel supply, price volatility, and costs of anticipated environmental regulations when evaluating resource options to meet supply needs of the utility’s customers.  The NMPRC requires that New Mexico utilities factor a standardized cost of carbon emissions into their IRPs using prices ranging between $8 and $40 per metric ton of CO2 emitted and escalating these costs by 2.5% per year.  Under the NMPRC order, each utility must analyze these standardized prices as projected operating costs.  Reflecting the evolving nature of this issue, the NMPRC order states that these prices may be changed in the future to account for additional information or changed circumstances.  Although

these prices may not reflect the costs that ultimately will be incurred, PNM is required to use these prices for purposes of its IRP.  In its 2017 IRP, PNM analyzed resource portfolio plans for scenarios that assumed SJGS will operate beyond the end of the current coal supply agreement that runs through June 30, 2022 and for scenarios that assumed SJGS will cease operations by the end of 2022 as discussed in Note 12. The key findings of the 2017 IRP include that exiting SJGS in 2022 would provide long-term economic benefits to PNM’s customers and that PNM exiting its ownership interest in Four Corners in 2031 would also save customers money. The materials presented in the IRP process are available at www.pnm.com\irp. See additional discussion of PNM’s SJGS Abandonment Application in Note 12.
Senate Bill 489, known as the Energy Transition Act (“ETA”) was signed into New Mexico state law and became effective on June 14, 2019. The ETA, among other things, requires that investor-owned utilities obtain specified percentages of their energy from renewable and carbon-free resources. Prior to the enactment of the ETA, the REA established a mandatory RPS requiring utilities to acquire a renewable energy portfolio equal to 10% of retail electric sales by 2011, 15% by 2015, and 20% by 2020. The ETA amends the REA and requires utilities operating in New Mexico to have renewable portfolios equal to 20% by 2020, 40% by 2025, 50% by 2030, 80% by 2040, and 100% zero-carbon energy by 2045. The ETA provides for a transition from coal-fired generating resources to carbon-free resources by allowing investor-owned utilities to issue securitized bonds, or “energy transition bonds,” related to the retirement of coal-fired generating facilities to qualified investors. Proceeds from the energy transition bonds must be used only for purposes related to providing utility service to customers and to pay “financing costs” (as defined by the ETA). These costs may include coal mine decommissioning, plant decommissioning, and other costs that have not yet been charged to customers or disallowed by the NMPRC or by a court order. Proceeds provided by energy transition bonds may also be used to pay for severances for employees of the retired coal-fired generating facility and related coal mine, as well as to pay for job training, education, and economic development. Energy transition bonds must be issued under an NMPRC financing order and are paid by a non-bypassable charge paid by all customers of the issuing utility. The ETA also amends sections of the REA to allow for the recovery of undepreciated investments and decommissioning costs related to qualifying EGUs that the NMPRC has required be removed from retail jurisdictional rates, provided replacement resourceresources to be included in retail rates have lower or zero-carbon emissions. The ETA requires the NMPRC to prioritize replacement resources in a manner intended to mitigate the economic impact to communities affected by these plant retirements. See additional discussion of the ETA in Note 11. PNM expects the ETA will have a significant impact on PNM’s future generation portfolio, including PNM’s planned retirement of SJGS in 2022. The NMPRC had not definitively indicated its intent to apply the requirements of the ETA to PNM’s SJGS Abandonment Application and several parties to that case questioned whether the ETA violated the New Mexico State constitution. In December 2019, the Governor of the State of New Mexico, the President of the Navajo Nation and other parties filed a writ of mandamus requesting the NM Supreme Court require the NMPRC to apply the ETA to PNM’s application. On January 29, 2020, the NM Supreme Court ruled that the NMPRC is required to apply the ETA to all of PNM’s SJGS Abandonment Application and denied petitions for a stay. In February 2020, the Hearing Examiners assigned to the SJGS abandonment and financing proceedings issued recommended decisions recommending approval of PNM’s abandonment application and for the issuance of Securitized Bonds consistent with the requirements of the ETA. On April 1, 2020, the NMPRC approved the Hearing Examiners' recommendation to approve PNM's application to retire its share of SJGS in 2022 and for the issuances of Securitized Bonds. See additional discussion of PNM’s SJGS Abandonment Application in Note 12. PNM cannot predict the full impact of the ETA or the outcome of its existing and potential future generating resource abandonment filings with the NMPRC.
International Accords

The United Nations Framework Convention on Climate Change (“UNFCCC”) is an international environmental treaty that was negotiated at the 1992 United Nations Conference on Environment and Development (informally known as the Earth Summit) and entered into force in March 1994. The objective of the treaty is to “stabilize greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system.”  Parties to the UNFCCC, including the United States,U.S., have been meeting annually in Conferences of the Parties (“COP”) to assess progress in meeting the objectives of the UNFCCC. 
On December 12, 2015, the Paris Agreement was finalized during the 2015 COP. The aim of the Paris Agreement is to limit global temperature rise to two degrees Celsius above pre-industrial levels. The agreement, which was agreed to by approximately 200 parties, requires that countries submit Intended Nationally Determined Contributions (“INDCs”). INDCs reflect national targets and actions that arise out of national policies and elements relating to oversight, guidance and
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coordination of actions to reduce emissions by all countries. In November 2014, then President Obama announced the United States’ commitment to reduce GHG, on an economy-wide basis, by 26%-28% from 2005 levels by the year 2025. The United StatesU.S. INDC iswas part of an overall effort by the former administration to have the United StatesU.S. achieve economy-wide reductions of around 80% by 2050.  The former administration’s GHG reduction target for the electric utility industry iswas a key element of its INDC and iswas based on EPA’s final GHG regulations for new, existing, and modified and reconstructed sources. The United States is one of several nationssources at that offered INDCs.time. Thresholds for the number of countries necessary to ratify or accede to the Paris Agreement and total global GHG percentage were achieved on October 5, 2016 and the Paris Agreement entered into force on November 4, 2016.  On June 1, 2017, President Trump announced that the United StatesU.S. would withdraw from the Paris Agreement. In his public statement, he indicated that the United StatesU.S. would “begin negotiations to reenter either the Paris Accord or a....newa new transaction on terms that are fair to the United States,U.S., its businesses, its workers, its people, its taxpayers.” TheOn November 4, 2019, President Trump announced that the U.S. has officially notified the United States continues to holdNations that the position that itU.S. will withdraw from the Paris Agreement. The rules of the Paris Agreement unless it can negotiate better terms. The earliest date thatimpose a one-year waiting period after official notice of withdrawal. As a result of the President’s notice to the United States could give formal notification of its withdrawal isNations, the U.S. will officially be able to withdraw from the Paris Agreement on November 4, 2020. InA future administration would have an opportunity to rejoin the interim, the United States continues to participate in international climate negotiations.Agreement. It is uncertain if the United StatesU.S. will ultimately choose to pursue a transition to a low-carbon economy using a pathway that aligns with the Paris Agreement to keep global temperature rise to below two degrees Celsius (the “2 Degree

Scenario”) above pre-industrial levels or in connection with other regulation or legislation. PNM has not conducted a 2 Degree Scenario analysis but is participating in the Electric Power Research Institute program, “Understanding Climate Change Scenarios and Goal-setting Activities”. PNM has also calculated GHG reductions that would result from implementation of the 2017 IRP scenarios that assume PNM would retire its share of the SJGS in 2022 and would exit from Four Corners in 2031.2031 and PNM has set a goal to have a 100% emissions-free generating portfolio by 2040. While the Company has not conducted an independent 2 Degree Scenario analysis, our commitment to becoming 100% emissions-free by 2040 produces a carbon emissions reduction pathway that tracks within the ranges of climate scenario pathways that are consistent with limiting the global warming average to less than 2 degrees Celsius. In addition, as an investor-owned utility operating in the state of New Mexico, PNM is required to comply with the recently enacted ETA, which requires utilities’ generating portfolio be 100% carbon-free by 2045. PNM has set a goal to have a 100% emissions-free generating portfolio by 2040. The requirements of the ETA and the Company’s goal compare favorably to the 26% - 28% by 2025 United StatesU.S. INDC and the former administration’s effort to achieve an 80% reduction in carbon emissions by 2050. As discussed in Note 12, on JulyApril 1, 2019, PNM submitted2020, the NMPRC approved PNM's application to retire its share of SJGS Abandonment Application to the NMPRC.in 2022. PNM will file for abandonment of Four Corners at an appropriate time in the future.
PNM will continue to monitor the United States’ and other parties’ involvement in international accords, but the potential impact that such accords may have on the Company cannot be determined at this time.

Assessment of Legislative/Regulatory Impacts

The Company has assessed, and continues to assess, the impacts of climate change legislation and regulation on its business.  This assessment is ongoing and future changes arising out of the legislative or regulatory process could impact the assessment significantly.  PNM’s assessment includes assumptions regarding specific GHG limits; the timing of implementation of these limits; the possibility of a market-based trading program, including the associated costs and the availability of emission credits or allowances; the development of emission reduction and/or renewable energy technologies; and provisions for cost containment. Moreover, the assessment assumes various market reactions such as the price of coal and gas and regional plant economics.  These assumptions are, at best, preliminary and speculative. However, based upon these assumptions, the enactment of climate change legislation or regulation could, among other things, result in significant compliance costs, including large capital expenditures by PNM, and could jeopardize the economic viability of certain generating facilities. See Notes 11 and 12.  While PNM currently expects the planned retirement of SJGS in 2022 (subject to NMPRC approval) will provide savings to customers, the ultimate consequences of climate change and environmental regulation could lead to increased costs to customers and affect results of operations, cash flows, and financial condition if the incurred costs are not fully recovered through regulated rates. Higher rates could also contribute to reduced usage of electricity.  PNM’s assessment process is evolving and is too preliminary and speculative at this time for a meaningful prediction of the long-term financial impact.
Transmission Issues

At any given time, FERC has various notices of inquiry and rulemaking dockets related to transmission issues pending. Such actions may lead to changes in FERC administrative rules or ratemaking policy but have no time frame in which action must be taken or a docket closed with no further action. Further, such notices and rulemaking dockets do not apply strictly to PNM but will have industry-wide effects in that they will apply to all FERC-regulated entities. PNM monitors and often submits comments taking a position in such notices and rulemaking dockets or may join in larger group responses. PNM often cannot determine the full impact of a proposed rule and policy change until the final determination is made by FERC and PNM is unable to predict the outcome of these matters.

On November 24, 2009, FERC issued Order 729 approving two Modeling, Data, and Analysis Reliability Standards (“Reliability Standards”) submitted by NERC – MOD-001-1 (Available Transmission System Capability) and MOD-029-1 (Rated System Path Methodology). Both MOD-001-1 and MOD-029-1 require a consistent approach, provided for in the Reliability Standards, to measuring the total transmission capability (“TTC”) of a transmission path. The TTC level established using the two Reliability Standards could have resulted in a reduction in the available transmission capacity currently used by PNM to deliver generation resources necessary for its jurisdictional load and for fulfilling its obligations to third-party users of the PNM transmission system.

During the first quarter of 2011, at the request of PNM and other southwestern utilities, NERC advised all transmission owners and transmission service providers that the implementation of portions of the MOD-029 methodology for “Flow Limited” paths had been delayed until such time as a modification to the standard could be developed to mitigate the technical concerns identified by the transmission owners and transmission service providers. PNM and other western utilities filed a Standards Action Request with NERC in the second quarter of 2012.

NERC initiated an informal development process to address directives in Order 729 to modify certain aspects of the MOD standards, including MOD-001 and MOD-029. The modifications to this standard would retire MOD-029 and require each transmission operator to determine and develop methodology for TTC values for MOD-001.

A final ballot for MOD-001-2 concluded on December 20, 2013 and received sufficient affirmative votes for approval. On February 10, 2014, NERC filed with FERC a petition for approval of MOD-001-2 and retirement of the “MOD A” reliability standards that consist of MOD-001-1a, MOD-004-1, MOD-008-1, MOD-028-2, MOD-029-1a, and MOD-030-2. On June 19, 2014, FERC issued a NOPR to approve a new reliability standard.

On June 7, 2019 NERC submitted to FERC a notice to withdraw proposed MOD-001-2 and to retire the currently effective versions of the MOD A Standards subject to FERC approval. The retirement of the MOD A standards removes all risk associated with the TTC reductions.

Financial Reform Legislation

The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Reform Act”), enacted in July 2010, includes provisions that will require certain over-the-counter derivatives, or swaps, to be centrally cleared and executed through an exchange or other approved trading facility. It also includes provisions related to swap transaction reporting and record keeping and may impose margin requirements on swaps that are not centrally cleared. The United StatesU.S. Commodity Futures Trading Commission (“CFTC”) has published final rules defining several key terms related to the act and has set compliance dates for various types of market participants. The Dodd-Frank Reform Act provides exemptions from certain requirements, including an exception to the mandatory clearing and swap facility execution requirements for commercial end-users that use swaps to hedge or mitigate commercial risk.  PNM has elected the end-user exception to the mandatory clearing requirement. PNM expects to be in compliance with the Dodd-Frank Reform Act and related rules within the time frames required by the CFTC.
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However, as a result of implementing and complying with the Dodd-Frank Reform Act and related rules, PNM’s swap activities could be subject to increased costs, including from higher margin requirements. The Trump Administration has indicated that the provisions of the Dodd-Frank Reform Act will be reviewed and certain regulations may be rolled back, but no formal action has been taken yet. At this time, PNM cannot predict the ultimate impact the Dodd-Frank Reform Act may have on PNM’s financial condition, results of operations, cash flows, or liquidity.

Other Matters

See Notes 11 and 12 herein and Notes 16 and 17 of the Notes to Consolidated Financial Statements in the 20182019 Annual Reports on Form 10-K for a discussion of commitments and contingencies and rate and regulatory matters. See Note 1 for a discussion of accounting pronouncements that have been issued but are not yet effective and have not been adopted by the Company.

CRITICAL ACCOUNTING POLICIES AND ESTIMATES

The preparation of financial statements in accordance with GAAP requires Company management to select and apply accounting policies that best provide the framework to report the results of operations and financial position for PNMR, PNM, and TNMP. The selection and application of those policies requires management to make difficult, subjective, and/or complex judgments concerning reported amounts of revenue and expenses during the reporting period and the reported amounts of assets and liabilities at the date of the financial statements. As a result, there exists the likelihood that materially different amounts would be reported under different conditions or using different assumptions.

As of June 30, 2019,March 31, 2020, there have been no significant changes with regard to the critical accounting policies disclosed in PNMR’s, PNM’s, and TNMP’s 20182019 Annual Reports on Forms 10-K. The policies disclosed included regulatory accounting, impairments, decommissioning and reclamation costs, pension and other postretirement benefits, accounting for contingencies, and income taxes.


MD&A FOR PNM

RESULTS OF OPERATIONS

PNM operates in only one reportable segment, as presented above in Results of Operations for PNMR.

MD&A FOR TNMP

RESULTS OF OPERATIONS

TNMP operates in only one reportable segment, as presented above in Results of Operations for PNMR.


DISCLOSURE REGARDING FORWARD LOOKING STATEMENTS

Statements made in this filing that relate to future events or PNMR’s, PNM’s, or TNMP’s 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. PNMR, 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, PNMR, PNM, and TNMP caution readers not to place undue reliance on these statements. PNMR’s, PNM’s, and TNMP’s business, financial condition, cash flows, 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 costs and earn allowed returns in regulated jurisdictions, including the impacts of the NMPRC orders in PNM’s NM 2015 Rate Case, the NM Supreme Court’s decisions in the appeal of that order, the NM 2016 Rate Case and related deferral of the issue of the prudence of PNM’s decision to continue participation in Four Corners to PNM’s next general rate case and recovery of PNM’s investments in that plant, any actions resulting from PNM’s SJGS Abandonment Application, which requests NMPRC approval to retire PNM’s share of SJGS in 2022 and for recovery of undepreciated investments and other costs associated with that plant, and any actions resulting from the retirement,pending appeal of the evaluationNMPRC's approval of that application underPNM' request to issue Securitized Bonds and the recently enacted ETA, and/or the conclusions reachedNMPRC's future actions regarding replacement resources in PNM’s 2017 IRPSJGS Abandonment Application (collectively, the “Regulatory Proceedings”) and the impact on service levels for PNM customers if the ultimate outcomes do not provide for the recovery of costs ofand operating and capital expenditures, as well as other impacts of federal or state regulatory and judicial actions
The ability of the Company to successfully forecast and manage its operating and capital expenditures, including aligning expenditures with the revenue levels resulting from the ultimate outcomes of the Regulatory Proceedings, or
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resulting from potential mid-term or long-term impacts related to COVID-19, and supporting forecasts utilized in future test yearFTY rate proceedings
Uncertainty regarding what actions PNM may take with respect to the generating capacity in PVNGS Units 1 and 2 that is under lease at the expiration of the lease terms in 2023 and 2024, including PNM's decisions related to purchasing or returning the assets underlying the leases, or upon the occurrence of certain specific events, as well as the related treatment for ratemaking purposes by the NMPRC
Uncertainty surrounding the status of PNM’s participation in jointly-owned generation projects, including the 2022 scheduled expiration of the operational and fuel supply agreements for SJGS, the outcome of PNM’s SJGS Abandonment Application, including the impacts of the recently enacted ETA, the results of PNM’s 2017 IRP filing, which indicates that PNM’s customers would benefit from PNM’s exit from Four Corners in 2031, including regulatory recovery of undepreciated investments and other costs in the event the NMPRC orders generating facilities be retired, and the impacts of the ETA
Uncertainty regarding the requirements and related costs of decommissioning power plants and reclamation of coal mines supplying certain power plants, as well as the ability to recover those costs from customers, including the potential impacts of the ultimate outcomes of the Regulatory Proceedings
The impacts on the electricity usage of customers and consumers due to performance of state, regional, and national economies, energy efficiency measures, weather, seasonality, alternative sources of power, advances in technology, the impacts of COVID-19 on customer usage, and other changes in supply and demand
The Company’s ability to access the financial markets in order to provide financing to repay or refinance debt as it comes due, as well as for ongoing operations and construction expenditures, including disruptions in the capital or credit markets, actions by ratings agencies, and fluctuations in interest rates, including any negative impacts that could result from the ultimate outcomes of the Regulatory Proceedings or from the economic impacts of COVID-19
The risks associated with completion of generation, transmission, distribution, and other projects, including uncertainty related to regulatory approvals and cost recovery, and the ability of counterparties to meet their obligations under certain arrangements, and supply chain or other outside support services that may be disrupted by the impacts of COVID-19
The potential unavailability of cash from PNMR’s subsidiaries due to regulatory, statutory, or contractual restrictions or subsidiary earnings or cash flows
The performance of generating units, transmission systems, and distribution systems, which could be negatively affected by operational issues, fuel quality and supply issues, unplanned outages, extreme weather conditions, wildfires, terrorism, cybersecurity breaches, and other catastrophic events, including the impacts of COVID-19, as well the costs the Company may incur to repair its facilities and/or the liabilities the Company may incur to third parties in connection with such issues
State and federal regulation or legislation relating to environmental matters and renewable energy requirements, the resultant costs of compliance, and other impacts on the operations and economic viability of PNM’s generating plants
State and federal regulatory, legislative, executive, and judicial decisions and actions on ratemaking, and taxes, including guidance related to the Tax Act, and other matters
Risks related to climate change, including potential financial risks resulting from climate change litigation and legislative and regulatory efforts to limit GHG, including the impacts of the recently enacted ETA
Employee workforce factors, including cost control efforts and issues arising out of collective bargaining agreements and labor negotiations with union employees
Variability of prices and volatility and liquidity in the wholesale power and natural gas markets
Changes in price and availability of fuel and water supplies, including the ability of the mines supplying coal to PNM’s coal-fired generating units and the companies involved in supplying nuclear fuel to provide adequate quantities of fuel

Regulatory, financial, and operational risks inherent in the operation of nuclear facilities, including spent fuel disposal uncertainties
The risk that FERC rulemakings or lack of additional capacity during peak hours may negatively impact the operation of PNM’s transmission system
The impacts of decreases in the values of marketable securities maintained in trusts to provide for decommissioning, reclamation, pension benefits, and other postretirement benefits, including potential increased volatility resulting from international developments and the impacts of COVID-19, as well as PNM's ability to recover future decommissioning and reclamation costs from customers
Uncertainty surrounding counterparty performance and credit risk, including the ability of counterparties to supply fuel and perform reclamation activities and impacts to financial support provided to facilitate the coal supply at SJGS
The effectiveness of risk management regarding commodity transactions and counterparty risk
The outcome of legal proceedings, including the extent of insurance coverage
Changes in applicable accounting principles or policies

Any material changes to risk factors occurring after the filing of PNMR’s, PNM’s, and TNMP’s 20182019 Annual Reports on Form 10-K are disclosed in Item 1A, Risk Factors, in Part II of this Form 10-Q.

For information about the risks associated with the use of derivative financial instruments, see Item 3. “Quantitative and Qualitative Disclosures About Market Risk.”

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SECURITIES ACT DISCLAIMER

Certain securities described or cross-referenced in this report have not been registered under the Securities Act of 1933, as amended, or any state securities laws and may not be reoffered or sold in the United States absent registration or an applicable exemption from the registration requirements of the Securities Act of 1933 and applicable state securities laws. This Form 10-Q does not constitute an offer to sell or the solicitation of an offer to buy any securities.

WEBSITES
The PNMR website, www.pnmresources.com, is an important source of Company information. New or updated information for public access is routinely posted.  PNMR encourages analysts, investors, and other interested parties to register on the website to automatically receive Company information by e-mail. This information includes news releases, notices of webcasts, and filings with the SEC. Participants will not receive information that was not requested and can unsubscribe at any time.
Our corporate internet addresses are:
PNMR: www.pnmresources.com
PNM: www.pnm.com
www.pnmresources.com
PNM: www.pnm.com
TNMP: www.tnmp.com
 
The PNMR website includes a link to PNMR’s Sustainability Portal, www.pnmresources.com/about-us/sustainability-portal.aspx. This portal provides access to key sustainability information, including a Climate Change Report, related to the operations of PNM and TNMP and reflects PNMR’s commitment to do business in an ethical, open, and transparent manner, and outlines PNM’s plans (subject to NMPRC approval) to exit all coal-fired generation by 2031 reach 70%(subject to regulatory approval) and to have an emissions-free generation by 2032, and reach 100% emissions-free generationgenerating portfolio by 2040.

The contents of these websites are not a part of this Form 10-Q. The SEC filings of PNMR, PNM, and TNMP, including annual reports on Form 10-K, quarterly reports on Form 10-Q, current reports on Form 8-K, and amendments to those reports filed or furnished pursuant to Section 13(a) or 15(d) of the Exchange Act, are accessible free of charge on the PNMR website as soon as reasonably practicable after they are filed with, or furnished to, the SEC. Reports filed with the SEC are available on its website, www.sec.gov. These reports are also available in print upon request from PNMR free of charge.
Also available on the Company’s website at http://www.pnmresources.com/corporate-governance.aspx and in print upon request from any shareholder are PNMR’s:
Corporate Governance Principles
Code of Ethics (Do the Right Thing Principles of Business Conduct)
Do the Right Thing Principles of Business Conduct)
Charters of the Audit and Ethics Committee, Nominating and Governance Committee, Compensation and Human Resources Committee, and Finance Committee
Restated Articles of Incorporation and Bylaws
 


The Company will post amendments to or waivers from its code of ethics (to the extent applicable to the Company’s executive officers and directors) on its website.

ITEM 3. QUANTITATIVE AND QUALITATIVE DISCLOSURES ABOUT MARKET RISK

The Company manages the scope of its various forms of market risk through a comprehensive set of policies and procedures with oversight by senior level management through the Risk Management Committee (“RMC”). The Board’s Finance Committee sets the risk limit parameters. The RMC has oversight over the risk control organization. The RMC is assigned responsibility for establishing and enforcing the policies, procedures, and limits and evaluating the risks inherent in proposed transactions on an enterprise-wide basis. The RMC’s responsibilities include:

Establishing policies regarding risk exposure levels and activities in each of the business segments
Approving the types of derivatives entered into for hedging
Reviewing and approving hedging risk activities
Establishing policies regarding counterparty exposure and limits
Authorizing and delegating transaction limits
Reviewing and approving controls and procedures for derivative activities
Reviewing and approving models and assumptions used to calculate mark-to-market and market risk exposure
Proposing risk limits to the Board’s Finance Committee for its approval
Reporting to the Board’s Audit and Finance Committees on these activities

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To the extent an open position exists, fluctuating commodity prices, interest rates, equity prices, and economic conditions can impact financial results and financial position, either favorably or unfavorably. As a result, the Company cannot predict with certainty the impact that its risk management decisions may have on its businesses, operating results, or financial position.

Commodity Risk
Information concerning accounting for derivatives and the risks associated with commodity contracts is set forth in Note 7, including a summary of the fair values of mark-to-market energy related derivative contracts included in the Condensed Consolidated Balance Sheets. During the sixthree months ended June 30, 2019March 31, 2020 and the year ended December 31, 2018,2019, the Company had no commodity derivative instruments designated as cash flow hedging instruments.
Commodity contracts that meet the definition of a derivative under GAAP, are recorded at fair value on the Condensed Consolidated Balance Sheets. The following table details the changes in the net asset or liability balance sheet position forimpact of commodity derivative mark-to-market energy transactions.
 Six Months Ended
 June 30,
 2019 2018
Economic Hedges(In thousands)
Sources of fair value gain (loss):   
Net fair value at beginning of period$(94) $(94)
Amount realized on contracts delivered during period56
 54
Changes in fair value
 2
Net mark-to-market change recorded in earnings56
 56
Net change recorded as regulatory assets and liabilities60
 (284)
          Net fair value at end of period$22
 $(322)
transactions were not material to the Company's financial position, results of operations, or cash flows as of and for the three months ended March 31, 2020 and 2019.
All of the fair values as of June 30, 2019March 31, 2020 were determined based on prices provided by external sources other than actively quoted market prices. The net mark-to-market amounts will settle in 2019.2020.

PNM is exposed to changes in the market prices of electricity and natural gas for the positions in its wholesale portfolio not covered by the FPPAC. The Company manages risks associated with these market fluctuations by utilizing various commodity instruments that may qualify as derivatives, including futures, forwards, options, and swaps. PNM uses such instruments to hedge its exposure to changes in the market prices of electricity and natural gas. PNM also uses such instruments under an NMPRC approved hedging plan to manage fuel and purchased power costs related to customers covered by its FPPAC.

Credit Risk

The Company is exposed to credit risk from its retail and wholesale customers, as well as the counterparties to derivative instruments. The Company conducts counterparty risk analysis across business segments and uses a credit management process

to assess the financial conditions of counterparties. The following table provides information related to credit exposure by the credit worthiness (credit rating) and concentration of credit risk for wholesale counterparties, all of which will mature in less than two years.
Schedule of Credit Risk Exposure
March 31, 2020
Rating (1)
Credit Risk Exposure(2)
Number of Counter-parties >10%Net Exposure of Counter-parties >10%
(Dollars in thousands)
External ratings:
Investment grade$1,566  1$1,002  
Non-investment grade—  —  
Split ratings—  —  
Internal ratings:
Investment grade861  1683  
Non-investment grade—  —  
Total$2,427  $1,685  
Schedule of Credit Risk Exposure
June 30, 2019
Rating (1)
Credit Risk Exposure(2)
 Number of Counter-parties >10% Net Exposure of Counter-parties >10%
 (Dollars in thousands)
External ratings:     
Investment grade$3,138
 2 $2,206
Non-investment grade
  
Split ratings
  
Internal ratings:     
Investment grade1,106
 1 594
Non-investment grade
  
Total$4,244
   $2,800
(1)The rating “Investment Grade” is for counterparties, or a guarantor, with a minimum S&P rating of BBB- or Moody’s rating of Baa3. The category “Internal Ratings – Investment Grade” includes those counterparties that are internally rated as investment grade in accordance with the guidelines established in the Company’s credit policy.
(1)

(2)The Credit Risk Exposure is the gross credit exposure, including long-term contracts (other than the Tri-State hazard sharing agreement), forward sales, and short-term sales. The gross exposure captures the amounts from receivables/payables for realized transactions, delivered and unbilled revenues, and mark-to-market gains/losses. Gross exposures can be offset according to legally enforceable netting arrangements but are not reduced by posted credit collateral. At March 31, 2020, PNMR held $0.9 million of cash collateral to offset its credit exposure.

The rating “Investment Grade” is for counterparties, or a guarantor, with a minimum S&P rating of BBB- or Moody’s rating of Baa3. The category “Internal Ratings – Investment Grade” includes those counterparties that are internally rated as investment grade in accordance with the guidelines established in the Company’s credit policy.

(2)
The Credit Risk Exposure is the gross credit exposure, including long-term contracts (other than the Tri-State hazard sharing agreement), forward sales, and short-term sales. The gross exposure captures the amounts from receivables/payables for realized transactions, delivered and unbilled revenues, and mark-to-market gains/losses. Gross exposures can be offset according to legally enforceable netting arrangements but are not reduced by posted credit collateral. At June 30, 2019, PNMR held $0.9 million of cash collateral to offset its credit exposure.
Net credit risk for the Company’s largest counterparty as of June 30, 2019March 31, 2020 was $1.5$1.0 million.

Other investments have no significant counterparty credit risk.


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Interest Rate Risk

The majority of the Company’s long-term debt is fixed-rate debt and does not expose earnings to a major risk of loss due to adverse changes in market interest rates. However, the fair value of PNMR’s consolidated long-term debt instruments would increase by 2.3%2.1%, or $67.8$64.7 million if interest rates were to decline by 50 basis points from their levels at June 30, 2019.March 31, 2020. In general, an increase in fair value would impact earnings and cash flows to the extent not recoverable in rates if all or a portion of debt instruments were acquired in the open market prior to their maturity. At July 26, 2019, PNMR, PNM, TNMP, and PNMR Development had short-term debt outstanding of $67.7 million, $29.4 million, zero, and $32.9 million under their revolving credit facilities, which allow for a maximum aggregate borrowing capacity of $300.0 million for PNMR, $400.0 million for PNM, $75.0 million for TNMP, and $40.0 million for PNMR Development. PNM had $25.0 million in borrowings under the $40.0 million PNM 2017 New Mexico Credit Facility at July 26, 2019. The revolving credit facilities, the $150.0 million PNMR 2018 One-Year Term Loan, the $50.0 million PNMR 2018 Two-Year Term Loan, the PNM 2017 New Mexico Credit Facility, the $250.0 million PNM 2019 Term Loan, the $35.0 million TNMP 2018 Term Loan, and the $90.0 million PNMR Development Term Loan bear interest at variable rates. On July 26, 2019, interest rates on borrowings averaged 3.61% for the PNMR Revolving Credit Facility, 3.07% for the PNMR 2018 One-Year Term Loan, 3.07% for the PNMR 2018 Two-Year Term Loan, 3.45% for the PNM Revolving Credit Facility, 3.41% for the PNM 2017 New Mexico Credit Facility, 3.92% for the PNM 2019 Term Loan, 3.10% for the TNMP 2018 Term Loan, 3.31% for the PNMR Development Revolving Credit Facility, and 3.10% for the PNMR Development Term Loan. The Company is exposed to interest rate risk to the extent of future increases in variable interest rates. However, as discussed in Note 9, PNMR has entered into hedging arrangements to effectively establish fixed interest rates on $150.0 million of variable rate debt. Variable interest rates under these facilities are based on LIBOR but contain provisions which allow for the replacement of LIBOR with other widely accepted interest rates. The Company expects that it will be able to extend or replace these credit facilities under similar terms and conditions prior to their expirations.

At May 1, 2020, variable rate debt balances and weighted average interest rates were as follows:


Variable Rate DebtWeighted Average Interest RateBalance OutstandingCapacity
(In thousands)
Short-term Debt:
PNMR Revolving Credit Facility2.15 %$132,700  $300,000  
PNM Revolving Credit Facility2.27  15,000  400,000  
PNM 2017 New Mexico Credit Facility2.10  30,000  40,000  
TNMP Revolving Credit Facility—  —  75,000  
PNMR-D Revolving Credit Facility—  —  40,000  
$177,700  $855,000  
Long-term Debt:
PNMR 2018 Two-Year Term Loan1.79 %$50,000  
PNMR 2019 Term Loan1.78  150,000  
PNM 2019 $40.0 Million Term Loan1.37  40,000  
PNM 2020 Term Loan2.70  150,000  
PNMR Development Term Loan1.79  90,000  
$480,000  

The investments held by PNM in trusts for decommissioning and reclamation had an estimated fair value of $362.8$353.3 million at June 30, 2019,March 31, 2020, of which 61.5%66.1% were fixed-rate debt securities that subject PNM to risk of loss of fair value with increases in market interest rates. If interest rates were to increase by 50 basis points from their levels at June 30, 2019,March 31, 2020, the decrease in the fair value of the fixed-rate securities would be 2.3%2.4%, or $5.1$5.6 million.

PNM does not directly recover or return through rates any losses or gains on the securities, including equity investments discussed below, in the trusts for decommissioning and reclamation. However, the overall performance of these trusts does enter into the periodic determinations of expense and funding levels, which are factored into the rate making process to the extent

applicable to regulated operations. The NMPRC ruled in the NM 2015 Rate Case that PNM would not be able to include future contributions made by PNM for decommissioning of PVNGS to the extent applicable to certain capacity purchased and leased by PNM in rates charged to retail customers. The NM Supreme Court ruled that the NMPRC’s decision to disallow recovery of such future contributions for decommissioning denied PNM due process and remanded the matter back to the NMPRC for further proceedings. See Note 12. PNM is at risk for shortfalls in funding of obligations due to investment losses, including those from the equity market risks discussed below, to the extent not ultimately recovered through rates charged to customers.

Equity Market Risk

The investments held by PNM in trusts for decommissioning and reclamation include certain equity securities at June 30, 2019.March 31, 2020. These equity securities expose PNM to losses in fair value should the market values of the underlying securities decline. Equity securities comprised 35.5%29.1% of the securities held by the trusts as of June 30, 2019.March 31, 2020. A hypothetical 10% decrease in equity prices would reduce the fair values of these funds by $12.9$10.3 million.

ITEM 4. CONTROLS AND PROCEDURES

Evaluation of disclosure controls and procedures

As of the end of the period covered by this quarterly report, each of PNMR, PNM, and TNMP conducted an evaluation, under the supervision and with the participation of its management, including its Chief Executive Officer and Chief Financial
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Officer, of the effectiveness of the design and operation of the disclosure controls and procedures (as defined in Rules 13a-15(e) and 15d-15(e) under the Securities Exchange Act of 1934). Based upon this evaluation, the Chief Executive Officer and the Chief Financial Officer of each of PNMR, PNM, and TNMP concluded that the disclosure controls and procedures are effective.

Changes in internal controls over financial reporting

There have been no changes in each of PNMR’s, PNM’s, and TNMP’s internal control over financial reporting (as such term is defined in Rules 13a-15(f) and 15d-15(f) under the Securities Exchange Act of 1934) during the quarter ended June 30, 2019March 31, 2020 that have materially affected, or are reasonably likely to materially affect, each of PNMR’s, PNM’s, and TNMP’s internal control over financial reporting.

PART II –II. OTHER INFORMATION

ITEM 1. LEGAL PROCEEDINGS

See Notes 11 and 12 for information related to the following matters, for PNMR, PNM, and TNMP, incorporated in this item by reference.
Note 11

The Clean Air Act – Regional Haze – NEE Complaint
The Clean Air Act – Regional Haze – Four Corners – Four Corners Federal Agency Lawsuit
Navajo Nation Environmental Issues
Santa Fe Generating Station
Continuous Highwall Mining Royalty Rate
PVNGS Water Supply Litigation
San Juan River Adjudication
Rights-of-Way Matter
Navajo Nations Allottee Matters
Note 12

PNM - New Mexico General Rate Cases
PNM – Renewable Portfolio StandardEnergy Efficiency and Load Management
PNM – COVID-19 Regulatory Matters
PNM – Integrated Resource Plans
PNM – SJGS Abandonment Application
PNM – Facebook, Inc. Data Center Project
PNM – Application For a New 345 kV Transmission Line
PNM – Western Spirit Line
TNMP – Transmission Cost of Service RatesPeriodic Distribution Rate Adjustment
TNMP – Energy Efficiency



ITEM 1A. RISK FACTORS

AsThe outbreak of COVID-19 and its impact on business and economic conditions could negatively affect the Company's business, results of operations, financial condition, cash flows, and the trading value of PNMR's common stock and the Company's debt securities.

The scale and scope of the daterecent COVID-19 outbreak, the resulting pandemic, and the impact on the economy and financial markets could adversely affect the Company’s business, results of this report, there have been no material changesoperations, financial condition, cash flows, and access to the capital markets. The Company provides critical electricity and electric service and has implemented business continuity and emergency response plans to continue to provide these services to its customers and to support the Company’s operations. The Company is also working to ensure the health and safety of its employees is not compromised. These measures include precautions with regard to employee and facility hygiene, travel limitations, directing our employees to work remotely whenever possible, and protocols for required work within customer premises to protect our employees, customers and the Risk Factors disclosedpublic. We are also working with our suppliers to understand the potential impacts to our supply chain and have taken steps to ensure the integrity of our information systems.

However, there is no assurance that the continued spread of COVID-19 and efforts to contain the virus will not adversely impact our business, results of operations, financial condition, cash flows, ability to access the capital markets, and the trading value of the Company's common stock and debt securities. The continued spread of COVID-19 and related efforts to contain the virus could adversely impact the Company by:

reducing usage and/or demand for electricity by our customers in PNMR’s, PNM’s,New Mexico and TNMP’sTexas;
reducing the availability and productivity of our employees;
increasing costs as a result of our emergency measures, including costs to ensure the security of our information systems and delayed payments from our customers and uncollectable accounts;
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causing delays and disruptions in the availability of and timely delivery of materials and components used in our operations;
causing delays and disruptions in the supply chain resulting in disruptions in the commercial operation dates of certain projects;
causing a deterioration in the credit quality of our counterparties, including power purchase agreement providers, contractors or retail customers, that could result in credit losses;
causing impairments of goodwill or long-lived assets and adversely impacting the Company’s ability to develop, construct and operate facilities;
impacting the Company’s ability to meet the requirements of the covenants in our existing credit facilities, including covenants regarding debt to capitalization;
causing a deterioration in our financial metrics or the business environment that impacts our credit ratings;
decreasing the value of our investment securities held in trusts for pension and other postretirement benefits, and for nuclear and coal mine decommissioning, which could lead to increased funding requirements;
impacting our liquidity position and cost of and ability to access funds from financial institutions and capital markets;
causing other risks to impact us, such as the risks described in the “Risk Factors” section of the Company’s Annual Reports on Form 10-K filed on March 2, 2020; and
causing other unpredictable events

This continues to be a rapidly evolving situation and the Company cannot predict the extent or duration of the outbreak, the effects of it on the global, national or local economy, including the impacts on the Company’s ability to access capital, or its effects on the Company’s financial position, results of operations, cash flows, ability to access the capital markets, and value of the Company's stock and debt securities.

ITEM 5. OTHER INFORMATION

April 2020 Offering of PNM Senior Unsecured Notes

On April 30, 2020, PNM entered into the PNM 2020 Note Purchase Agreement with institutional investors for the sale of $200.0 million aggregate principal amount of senior unsecured notes in the following series and denominations: (i) $150.0 million aggregate principal amount of its 3.21% Senior Unsecured Notes, Series A, due April 30, 2030 and (ii) $50.0 million aggregate principal amount of its 3.57% Senior Unsecured Notes, Series B, due April 29, 2039 (the "PNM 2020 SUNs"). The PNM 2020 SUNs were issued on April 30, 2020 in a private placement transaction in reliance on an exemption from registration under the Securities Act of 1933, as amended (the "Securities Act"). Interest on the PNM 2020 SUNs is payable semiannually on April 30 and October 30 of each year, ended December 31, 2018.commencing on October 30, 2020.

PNM used $100.0 million of proceeds from the PNM 2020 SUNs to prepay without penalty an equal amount of the $250.0 million PNM 2020 Term Loan. The remaining $100.0 million of the PNM 2020 SUNs were used to repay borrowings on the PNM Revolving Credit Facility and for other corporate purposes

The terms of the PNM 2020 Note Purchase Agreement, which continue to apply so long as any of the PNM 2020 SUNs are outstanding, include customary covenants, including a covenant that requires PNM to maintain a debt-to-capitalization ratio of less than or equal to 65%, customary events of default, including a cross-default provision, and covenants regarding parity of financial covenants, liens and guarantees with respect to PNM’s material credit facilities. In the event of a change of control, PNM will be required to offer to prepay the PNM 2020 SUNs at par. PNM has the right to redeem any or all of the PNM 2020 SUNs prior to their maturities, subject to payment of a customary make-whole premium

The above description of the PNM 2020 Note Purchase Agreement and the PNM 2020 SUNs does not purport to be a complete statement of the parties' rights and obligations thereunder.

ITEM 6. EXHIBITS
3.1PNMR
3.2PNM
3.3TNMP
3.4PNMR
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Table of Contents
3.5PNM
3.6TNMP
10.1PNM
10.2 PNM
10.3 PNM
10.4 PNMR
31.110.5 PNMR
10.6 PNMR
10.7 PNMR
10.8 PNMR
10.9 PNMR
10.10 PNMR
31.1PNMR
31.2PNMR
31.3PNM
31.4PNM
31.5TNMP
31.6TNMP
32.1PNMR
32.2PNM
32.3TNMP
101.INSPNMR, PNM, and TNMPXBRL Instance Document - The instance document does not appear in the interactive data file because XBRL tags are embedded within the Inline XBRL document
101.SCHPNMR, PNM, and TNMPInline XBRL Taxonomy Extension Schema Document
101.CALPNMR, PNM, and TNMPInline XBRL Taxonomy Extension Calculation Linkbase Document
101.DEFPNMR, PNM, and TNMPInline XBRL Taxonomy Extension Definition Linkbase Document
101.LABPNMR, PNM, and TNMPInline XBRL Taxonomy Extension Label Linkbase Document
101.PREPNMR, PNM, and TNMPInline XBRL Taxonomy Extension Presentation Linkbase Document
104PNMR, PNM, and TNMPCover Page Inline XBRL File (included in Exhibits 101)


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SIGNATURE

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrants have duly caused this report to be signed on their behalf by the undersigned thereunto duly authorized.
PNM RESOURCES, INC.
PUBLIC SERVICE COMPANY OF NEW MEXICO
TEXAS-NEW MEXICO POWER COMPANY
(Registrants)
Date:May 1, 2020
PNM RESOURCES, INC.
PUBLIC SERVICE COMPANY OF NEW MEXICO
TEXAS-NEW MEXICO POWER COMPANY
/s/ Henry E. Monroy
(Registrants)Henry E. Monroy
Vice President and Corporate Controller
Date:August 2, 2019/s/ Joseph D. Tarry
Joseph D. Tarry
Vice President, Controller and Treasurer
(Officer duly authorized to sign this report)

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