New Mexico Administrative Code

The amount charged to the residential customer for a line extension shall be based on the estimated total cost to the utility and shall be clearly stated in the written line extension agreement entered into between the utility and the residential customer. The method for collecti…

Utilities shall make available to the public information regarding: A. LIHEAP application forms, qualification requirements, application procedures, and locations at which residential customers may submit LIHEAP applications; and B. winter moratorium protection against discontinu…

NMSA 1978, Sections 8-8-4, 8-8-15, 27-6-17, 27-6-18.1, 62-6-4 A, 62-6-19 through 62-6-21, 62-8-3 and 62-8-10.

A. Unless requested by the residential customer, no utility shall discontinue or disconnect service to a residential customer during heating season for nonpayment of the residential customer's utility bill if the utility receives notice that the residential customer meets the qua…

A. A utility may discontinue service to a residential customer without prior notice in the event of: (1) a condition determined by the utility to be hazardous; (2) residential customer use of equipment in such manner as to adversely affect the utility's equipment or the utility's…

A utility shall not discontinue service for: A. the failure of a residential customer to pay for special services; B. the failure of a residential customer to pay for service received at a separate metering point, residence, or location; however, in the event of discontinuance or…

Each utility shall file a tariff for its residential customer service that shall include the following minimum standards for discontinuance of utility services with standardized languages as provided below. A. Fifteen-day notice. At least fifteen (15) days before a utility discon…

Notwithstanding any other provision of 17.5.410 NMAC, a utility may temporarily and without notice discontinue residential service for reasons of operation, maintenance, health, safety, or a state of emergency.

Upon a residential customer's request a utility shall restore service promptly when the cause for discontinuance of service has been eliminated, applicable restoration or reconnection charges paid, and, if required, satisfactory payment arrangements have been made. At all times a…

A residential customer may advise a utility by written notice, by telephone, by email, or in person that utility charges are in dispute. If a residential customer disputes the amount of utility charges, the residential customer shall pay the utility an amount equal to that part o…

A. When a utility and a residential customer settle a dispute, the utility and residential customer may enter into a settlement agreement to pay the amount of the bill. If applicable, any excess amount paid previously by the residential customer shall promptly be credited to the …

Bills that are incorrect due to meter or billing errors shall be adjusted in accordance with the requirements of 17.9.560 NMAC and 17.10.650 NMAC.

A. Notice to customers. If the residential customer and utility are unable to resolve a dispute, the utility representative shall: (1) advise the residential customer that if the complaint cannot be resolved to the parties' satisfaction, each has a right to file an informal or fo…

Permanent.

A. A utility shall attempt to arrange an installment agreement for the payment of past due charges when a residential customer who has not been chronically delinquent indicates an inability to pay the charges. Service will not be discontinued if, on or before the specific date fo…

A. If a residential customer fails to comply with an installment agreement, a utility may discontinue service after notifying the residential customer by personal delivery of written notice, by first class mail or electronic mail, if the residential customer has elected to receiv…

A statement of customer's rights and responsibilities is required to be enclosed in each 15-day notice of discontinuance of service and served by a utility on a residential customer pursuant to 17.5.410.33 NMAC. Each statement shall be in both English and Spanish and shall be on …

MEDICAL CERTIFICATION - PLEASE NOTE: To be complete, ALL fields must be filled in, valid, and legible. NOTE: In order to continue to receive gas or electric service from (name of utility), a complete medical certification form and a complete financial certification form must be s…

FINANCIAL CERTIFICATION (VALID FOR 90 DAYS ONLY) PLEASE NOTE: to be complete, ALL fields must be filled in, valid and legible. BY SIGNING BELOW, I, THE ACCOUNT HOLDER, ACKNOWLEDGE THAT THIS CERTIFICATE DOES NOT RELIEVE ME OF MY RESPONSIBILITY TO PAY MY CURRENT AND PAST BILLS WITH…

July 1, 2011, unless a later date is cited at the end of a section.

The purpose of this rule is to establish uniform standards to be followed by electric, gas, and rural electric cooperative utilities in dealing with residential customers, to aid residential customers in obtaining and maintaining essential utility services, to promote safe and ad…

In addition to the definitions contained in NMSA 1978, Section 62-3-3, as used in this rule, unless otherwise specified: A. administering authority means the human services department or a tribal or pueblo entity that administers a tribe's or pueblo's low-income home energy assis…

A. A utility shall not unreasonably discriminate against any residential customer. Neither shall a utility discriminate against or penalize a residential customer for exercising any right granted by 17.5.410 NMAC, nor shall any provision herein be construed to relieve any residen…

A. Exemption. If unreasonable hardship with no reasonable alternative to a utility or to a residential customer results from the application of any provision of 17.5.410 NMAC, application may be made to the commission for temporary or permanent exemption from its requirements. B.…

New Mexico public regulation commission.

A. Each public utility shall, by March 31 of each calendar year, file a report with the commission summarizing:(1) each of the utility's filings pursuant to 17.5.440.8 NMAC or 17.5.440.9 NMAC for the prior calendar year, as described in Subsection B of 17.5.440.10 NMAC below; (2)…

This rule applies to investor-owned electric, gas, water, and sewer utilities subject to the jurisdiction of the New Mexico public regulation commission, however, Subparagraph (a) of Paragraph (1) of Subsection A of 17.5.440.8 NMAC and Paragraph (3) of Subsection C of 17.5.440.8 …

Paragraph (10) of Subsection B of Section 8-8-4 NMSA 1978 and Section 8-8-15 NMSA 1978.

Permanent.

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

This rule is intended to provide reporting and filing requirements and guidance for public utilities and utility division staff.

As used in this rule: A. "repairs or replacements" means any public utility activity, that is also a capital expenditure, that repairs, or replaces with the same or substantially similar, equipment or property that has either failed, is in the process of failing, or deteriorated,…

A. Report requirements for extensions, system improvements, repairs or replacements, or additions: (1) A public utility shall, prior to making any of the following described extensions, system improvements, repairs or replacements, or additions as set forth in Subparagraphs (a) t…

A. Report requirements for extensions, system improvements, and additions: (1) Each public utility shall, prior to making any of the following described extensions, system improvements, or additions as set forth in Subparagraphs (a) through (d) of 17.5.440.9 NMAC below, file a re…

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

A. No public utility may engage in a Class II transaction after November 30, 1982 [the effective date of former General Order No. 39] without first obtaining written approval of a general diversification plan from the Commission. B. The general diversification plan shall include:…

A. A public utility which enters into any agreement or other arrangement or any amendment thereto under which a Class I transaction would occur shall give written notification to the Commission within five (5) days after the agreement, arrangement, or amendment thereto is entered…

A. A utility seeking approval of its general diversification plan shall file an application with the Commission. B. Concurrently with the filing of any application under NMPSC Rule 450 [17.6.450 NMAC] the utility will send notice of such filing to each intervenor in its preceding…

A. Class II Transaction Reports: (1) Any declaration, filing, petition, prospectus, application, offering memorandum, or registration statement pertaining to a Class II transaction which is filed with any court of competent jurisdiction, the United States Securities and Exchange …

A. Allocations: There is no presumption that a utility's allocation method is reasonable. The burden of proof shall be on the utility in a rate case or other proceeding to justify its method of allocation of expenses, any factors used, and amounts allocated. B. Class I Transactio…

An affiliate or a holding company may not divest itself of or spin-off a public utility without the prior written approval of the Commission. The Commission shall investigate such divestiture or spin-off and shall give its approval only upon a showing that such divestiture or spi…

A. Any utility which had any affiliates as of May 19, 1982 is required to have filed a diversification summary with the Commission by December 30, 1982 [thirty (30) days after the effective date of former General Order No. 39]. B. For the purpose of NMPSC Rule 450.19(c) [Subsecti…

The Commission may conduct additional investigations of any matters pertaining to Class I and Class II transactions where it deems appropriate and may require additional information to be filed.

Enforcement of NMPSC Rule 450 [17.6.450 NMAC], any provision thereof, or any order of the Commission pursuant to NMPSC Rule 450 [17.6.450 NMAC] may be accomplished through any sanction, method, or procedure expressed or implied in the Public Utility Act.

A. Powers Not Limited: Nothing contained herein shall be construed to limit the Commission in its powers, duties, or authority under the Public Utility Act. B. Supplement to Other Rules: NMPSC Rule 450 [17.6.450 NMAC] does not supersede any other rule of the Commission but is to …

NMPSC Rule 450 [17.6.450 NMAC] applies to all water, electric, gas, and rural electric cooperative utilities subject to the Commission's jurisdiction.

Codified by NMPSC Case No. 2086, order dated June 30, 1988, Amended by NMPSC Case No. 2232, order dated December 19, 1988; Amended by NMPSC Case No. 2277, order dated December 29, 1989. Formerly NMPSC General Order 39, superseded for purposes of rule reorganization and codificati…