New Mexico Administrative Code

A. NMPSC Rule 360 [17.3.360 NMAC] is intended to formalize the procedures to be followed by the Commission for the audit and examination of the books and records of a utility in order to insure that all utilities subject to the jurisdiction of the Commission are uniformly and cor…

Unless otherwise defined the following terms shall have the following meanings for the purposes of these rules of examination and auditing procedures. A. "Accounts" means the uniform system of accounts for each utility as prescribed by the Code of Rules and Regulations of the New…

A. Purpose [17.3.360.6 NMAC] B. Authority [17.3.360.3 NMAC] C. Definitions [17.3.360.7 NMAC] D. Access to Records [17.3.360.9 NMAC] E. Scope of Audit or Examination [17.3.360.10 NMAC] F. Notice of Routine Audit [17.3.360.11 NMAC] G. Special Audit [17.3.360.12 NMAC] H. Exit Confer…

A. In addition to the preservation of records as required by NMPSC Rule 310 [17.3.310 NMAC], each utility shall also maintain and make available to the Commission all records and documentation supporting the entries in the records of accounts, including but not limited to, minute…

New Mexico Public Regulation Commission.

A. Class A and class B electric utilities as defined in 17.3.510.9 NMAC shall keep their books and records in compliance with the uniform system of accounts for public utilities and licensees (class A and class B), effective April 1, 1973, prescribed by the FPC with subsequent re…

The adoption of the respective uniform systems of accounts by 17.3.510.10 NMAC shall not be construed as approval or acceptance of any item recorded pursuant to the said system of accounts on the books of any utility for the purpose of fixing rates or determining other matters be…

A. Each utility affected by 17.3.510 NMAC shall report to the commission annually for each calendar year not later than April 30 of the following year upon forms provided by the commission. Attached to this report shall be the company's most recently filed SEC form 10K, if applic…

Any utility required to file SEC form 10Q and which is affected by 17.3.510 NMAC, shall file one copy of its completed SEC form 10Q with the commission at the same time the utility files this form with the SEC. Each utility shall retain one copy of the form 10Q in its files.

(Reserved.)

Sections 8-8-4 and 8-8-15 NMSA1978 of the Public Regulation Commission Act; and Sections 61-8-1 to 62-8-13 NMSA 1978, Duties and Restrictions Imposed Upon Public Utilities.

Permanent.

December 27, 2022 unless a later date is cited at the end of a section.

A. Classification of electric utilities [17.3.510.9 NMAC] B. Uniform systems of accounts and annual report forms [17.3.510.10 NMAC] C. Effect of adoption of uniform systems of accounts [17.3.510.11 NMAC] D. Annual reporting [17.3.510.12 NMAC] E. Quarterly reporting [17.3.510.13 N…

Investor-owned electric public utilities shall be and are hereby classified in accordance with their annual operating revenues as follows: CLASS ANNUAL OPERATING REVENUES OF A $2,500,000 or more. B $1,000,000 or more, but less than $2,500,000. C $150,000 or more, but less than $1…

New Mexico Public Service Commission [New Mexico Public Regulation Commission].

Any utility to whom NMPSC Rule 580 [17.3.580 NMAC] is applicable shall preserve all data, books, records, memoranda, correspondence, notes of oral communications, other documents, and computer records under the utility's possession, custody, or control and pertaining to the plann…

No utility shall obtain rate recovery of any cost overrun in the construction of electric generating plant until the Commission determines, upon notice and hearing, whether those costs have been incurred prudently.

In any proceeding in which prudence of any cost overrun may be determined by the Commission, the parties and Commission Staff may stipulate that the provisions of NMPSC Rule 580 [17.3.580 NMAC] should be waived. NMPSC Rule 580 [17.3.580 NMAC] will be waived upon such stipulation …

Nothing contained herein shall be construed to limit the Commission in its powers, duties, or authority under the Public Utility Act other than requiring specific determinations regarding the prudence of cost overruns pursuant to NMPSC Rules 580.7 and 580.8 [17.3.580.11 and 12 NM…

Nothing contained herein shall be construed to relieve a utility of any of its duties under the laws of the state.

NMPSC Rule 580 [17.3.580 NMAC] does not supersede any other rule of the Commission but is to be construed as a supplement to such rules, including, but not limited to, NMPSC Rules 110, 210, 310, and 530 [17.1.2 NMAC, 17.1.210 NMAC, 17.3.310 NMAC and 17.9.530 NMAC].

If any part or application of NMPSC Rule 580 [17.3.580 NMAC] is held invalid, the remainder of its application shall not be affected.

NMPSC Case No. 2086, order dated June 30, 1988, unless otherwise noted. Formerly NMPSC General Order No. 49, superseded for purposes of rule reorganization and codification.

A. The provisions of NMPSC Rule 580 [17.3.580 NMAC] shall apply as indicated below to all electric public utilities other than rural electric cooperatives within the jurisdiction of the Commission and shall not apply to generation and transmission cooperatives whose rates are sub…

NMPSC Rule 580 [17.3.580 NMAC] is adopted under the authority vested in the New Mexico Public Service Commission [New Mexico Public Regulation Commission] pursuant to the New Mexico Public Utility Act, NMSA 1978, Sections 62-3-1 et. seq., and in particular NMSA 1978, Sections 62-…

A. The purpose of NMPSC Rule 580 [17.3.580 NMAC] is:(1) To clarify and implement the Public Utility Act and applicable law by providing that no cost overruns incurred in construction of new electric generating plant will be included in rates unless the Commission determines wheth…

When used in NMPSC Rule 580 [17.3.580 NMAC] unless otherwise specified the following definitions will apply: A. "Certificated Estimated Cost" means the total cost of construction of electric generating plant for the utility, including Allowances for Funds Used During Construction…

A. Title [17.3.580.9 NMAC] B. Purpose [17.3.580.6 NMAC] C. Applicability [17.3.580.2 NMAC] D. Authority [17.3.580.3 NMAC] E. General Definitions [17.3.580.7 NMAC] F. Preservation of Records [17.3.580.10 NMAC] G. Prudence Determination [17.3.580.11 NMAC] H. Waiver [17.3.580.12 NMA…

NMPSC Rule 580 [17.3.580 NMAC] shall be known as the "Cost Overrun Rule."

New Mexico Public Regulation Commission.

Class A and class B gas public utilities as defined in 17.3.610.9 NMAC shall keep their books and records in compliance with the uniform system of accounts for natural gas companies (class A and class B), effective January 1, 1961, prescribed by the FPC with subsequent revisions …

Class C and class D gas public utilities as defined in 17.3.610.9 NMAC shall keep their books and records in compliance with the uniform system of accounts for natural gas companies (class C), effective January 1, 1961, prescribed by the FPC with subsequent revisions by FERC, and…

Class D and class E gas public utilities as defined in 17.3.610.9 NMAC shall keep their books and records in compliance with the uniform system of accounts for natural gas companies (class D), effective January 1, 1961, prescribed by the FPC with subsequent revisions by FERC, and…

The adoption of the respective uniform systems of accounts by 17.3.610 NMAC shall not be construed as approval or acceptance of any item recorded pursuant to the system of accounts on the books of any utility for the purpose of fixing rates or determining other matters before the…

A. Each utility affected by 17.3.610 NMAC shall report to the commission annually for each calendar year not later than April 30 of the following year upon forms provided by the commission. Attached to this report shall be SEC form 10K, if applicable, and 17.3.610 NMAC form 1 reg…

(Reserved.)

Sections 8-8-4 and 8-8-15 NMSA1978 of the Public Regulation Commission Act; and Sections 61-8-1 to 62-8-13 NMSA 1978, Duties and Restrictions Imposed Upon Public Utilities.

Permanent.