New Mexico Administrative Code

Gas public utilities are 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 $1,000,000. D $25,000 or more, but less th…

New Mexico State Highway and Transportation Department, P.O. Box 1149, Santa Fe, New Mexico 87504-1149, (505) 827-5357,

It is the general policy of the Department to accord utilities certain legal rights pertaining to the occupation of public right-of-way as outlined below: A. It is in the public interest for utilities to be accommodated within the public right-of-way of highways and, under limite…

A. Application: This utility accommodation policy shall apply to all publicly, privately, cooperatively, municipally, or governmentally owned facilities used for the carriage, transmission or distribution of electric power, communication facilities, water, gas, oil, petroleum pro…

Disturbance of areas within highway rights of way by utility operations shall be kept to a minimum and restored to the satisfaction of this Department. All utility construction methods used within the highway right-of-way shall be performed in accordance with current Standard Spe…

The following requirements apply to the physical location of utility facilities on non access-controlled highways; additional requirements for access-controlled highway facilities are set-out in Paragraph 17 [now 17.4.2.17 NMAC], "The Accommodation of Utility Facilities Within Fr…

A. Pipeline installations; location and alignment: From the highway viewpoint, there are sound reasons for requiring pipeline crossings at right angles to the roadway alignment. Oblique angle highway crossing pipeline installations have many detrimental characteristics as they in…

Attachment of utility lines to a highway structure can materially affect the capacity of the structure, the safe operation of traffic, the efficiency of maintenance and reducing the aesthetic appeal of the structure. A. Where it is feasible to locate utility lines elsewhere, atta…

The Department discourages the installation or relocation of any utility facilities within the designated clear zones of highways in this state. However, if severe space limitation precludes any other viable option, consideration will be given when the public need for utility ser…

Pursuant to Federal Highway Administration (FHWA) regulations regarding the accommodation of longitudinal utility facilities within the access control limits of Freeways and Interstate Highway rights-of-way, the Department will allow under controlled circumstances, the placement …

Buried utility facilities with supporting above ground appurtenances shall be marked as follows: A. All existing buried utilities, including pipeline carriers, delivering natural gas or other gaseous products, water, sewage, steam, buried electric lines, telephone and other commu…

The Department develops their annual highway construction schedule based upon engineering studies conducted on an ongoing basis, that determines when and where highway construction projects will be let to contract. In the early stages of development, the Railroad & Utility Sectio…

This utility accommodation policy shall apply to all publicly, privately, cooperatively, municipally or governmentally owned facilities used for the carriage, transmission or distribution of electric power, telephone, telecommunications, telegraph, water, gas, oil, petroleum prod…

The following procedures shall be followed to assure the proper completion of utility relocation necessitated by the State Highway Program. To provide uniformity and avoid duplication, these procedures shall be followed on all State Highway Projects whether or not Federal Aid par…

A. Developing and recording costs: It shall be necessary to develop a cost estimate for the utility relocation engineering and construction. All reimbursable utility relocations shall be in sufficient detail to permit analysis and evaluation of all anticipated costs and all such …

A. Replacement right-of-way: The Department and/or the FHWA may approve the acquisition of replacement right-of-way if the utility has the right of occupancy in its existing location because it holds the fee, an easement or other real property interest, and the damaging or taking…

A complete review of all utility relocation documents shall be performed upon submittal to the Railroads and Utility Section by the utility. The review should demonstrate that the Agreement, Estimate and associated documents comply with State regulations and/or the Federal Aid Po…

After review and approval of the utility relocation documents, authorization to proceed with construction shall be provided by the utility owner. The authorization letter, over the signature of the Department's Railroads and Utilities Section Manager, shall detail the specific au…

Payment to utilities shall be made only w hen the billings conform to State and Federal requirements, and are in sufficient detail so that each element is clear and its cast understood. Billings received prior to the appropriate authorization letter or that are inadequate or inac…

Disputes between the Department and utility owners regarding reimbursement eligibility, replacement right-of-way, utility/highway construction operations and other issues may develop. Most disputes are generally resolved at administrative levels, by staff more directly involved i…

The Secretary of the Department, at his/her discretion, may waive any regulation herein, if such waiver will not violate any State Statute or Federal Regulation, and it has been determined to be for the public good. The Secretary shall appoint a three member committee, one member…

During the development or maintenance of some highway projects, it shall be necessary to coordinate with and secure approval from railroad companies to resolve conflicts between highway construction features or maintenance activities and railroad property and/or facilities. This …

NMSA 1978, Sections 62-1-2, 67-3-12, 67-8-15, 67-8-1, 67-8-17, 67-8-18, 67-8-19, 67-8-20, 67-8-21, 67-8-22.

Permanent.

November 15, 1996, unless a later date is cited at the end of a Section or Paragraph.

To prescribe conditions under which utility facilities may be accommodated on all public highway right-of-way under the jurisdiction of the New Mexico State Highway and Transportation Department improved by State or Federal funds and to set forth the regulations covering the relo…

A. AASHTO -- American Association of State Highway and Transportation Officials. B. Access control -- The condition where access rights of owners or occupants of abutting land adjacent to highways are fully or partially controlled or limited by public authority, with no right to …

A. The Railroads and Utilities Section of the New Mexico State Highway and Transportation Department is managed by the Railroads and Utilities Section Manager who is directly responsible to the Right-of-Way Bureau Chief, and is a part of the Engineering Design Division, headed by…

The Railroads and Utilities Section is responsible for the coordination and functional control pertaining to all aspects of public utility and railroad related construction considerations, accommodations and installations affecting the New Mexico State Highway and Transportation …

Public Regulation Commission.

A. A utility shall render a bill to every residential customer for each billing period in accordance with applicable tariffs and the requirements and options of 17.5.410 NMAC. B. A utility may either bill all of its residential customers on the same day of each billing period or …

A utility shall offer a budget payment plan to its residential customers. Such plans must be approved by the commission and must contain the following provisions at a minimum. A. The budget payment plan shall provide the residential customer with a method of levelizing the bill f…

Bills for utility service shall include: A. the beginning and ending meter reading dates or the number of days in the billing cycle and the date of the ending meter reading; B. clear and conspicuous language identifying the bill as an estimated bill, if the bill has been estimate…

A. A residential customer shall be given at least twenty (20) calendar days from the date of rendition of a bill for payment in full before the bill is deemed delinquent. B. A residential customer shall be given at least fifteen (15) calendar days from the date the bill is deemed…

A. Unless otherwise approved by the commission a utility shall not assess a finance, service, carrying, or penalty charge to a residential customer for the reason that any utility service balance due and owing upon the bill remains outstanding beyond the period of time establishe…

A. A utility may render a bill based on estimated usage to a seasonally billed residential customer if an appropriate tariff is on file with the commission and an actual reading is obtained before each change in the seasonal cycle. B. A utility may render a bill based on estimate…

A. A utility may not require a security deposit or other guarantee of payment as a condition of new or continued service to a residential customer except in the case of service: (1) to a residential customer who has not previously had utility service with the utility and who has …

A. In determining whether a residential customer who has not previously had utility service with the utility has an acceptable credit rating, a utility shall consider the following: (1) documentation that the residential customer owns or is purchasing the residence served; (2) do…

Any deposit policy shall be as set forth in the utility's tariff on file with the commission pursuant to 17.1.210 NMAC, but shall conform to the following provisions. A. A deposit for a residential customer shall not exceed an amount equivalent to one sixth (1/6) of that resident…

A. Any residential customer who has not been chronically delinquent for the twelve-month period from the date of deposit or guarantee shall promptly receive a credit or refund in the amount of the deposit together with accrued interest due or shall be permitted to terminate any g…

A. This rule applies to electric, rural electric cooperative and gas utilities subject to the jurisdiction of the New Mexico public regulation commission. B. In case of conflict between provisions of this rule and 17.9.560 NMAC or 17.10.650 NMAC, the provisions of this rule contr…

A utility shall keep records of deposits and issue receipts of deposits in accordance with the requirements of Paragraphs (5), (7), (8) and (9) of Subsection B of 17.9.560.12 NMAC and Paragraphs (5), (7), (8) and (9) of Subsection B of 17.10.650.11 NMAC.

A utility shall establish internal procedures pursuant to 17.1.210 NMAC for the prompt, efficient, and thorough receipt, investigation, and, where possible, resolution of all residential customer inquiries, disputes, service requests, and complaints regarding residential utility …

A residential customer may request the testing of a utility meter pursuant to Subsection A of 17.9.560.14 NMAC and Paragraph (4) of Subsection A of 17.10.650.13 NMAC or NMSA 1978, Section 62-6-22.

The utility shall prepare in both Spanish and English information subject to commission approval which in layman's terms summarizes the rights and responsibilities of the utility and its residential customers in accordance with 17.5.410 NMAC. This information shall be displayed p…

A. A utility shall keep on file and provide public access to a copy of 17.5.410 NMAC and its current applicable residential rates, rules, and regulations and shall maintain up-to-date maps, plans, or records of its entire transmission and distribution systems with such other info…