reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 3 - Public Utility Act; Preamble and Definitions › Section 62-3-5 - Collection of fees by public utilities.

Any public utility that owns or operates a public water supply system upon whom a fee is imposed pursuant to Section 74-1-7 or 74-1-8 NMSA 1978 shall be entitled immediately to collect the fee from its ratepayers, without a request for a change in rates. The utility shall notify the New Mexico public utility commission in writing of the imposition of the fee and, if practicable, shall show the fee as a separate line item on its bill.
History:
Laws 1989, ch. 223, § 5; 1993, ch. 282, § 22.
ANNOTATIONS
Compiler's notes.
— Sections 62-3-1 to 62-3-5 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 3 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
The 1993 amendment,
effective June 18, 1993, substituted "New Mexico public utility commission" for "New Mexico public service commission" in the second sentence.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 3A - Electric Utility Industry Restructuring Act of 1999 (Repealed.) › Section 62-3A-1 to 62-3A-23 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2003, ch. 336, § 9, repealed 62-3A-1 through 62-3A-23 NMSA 1978, the Electric Utility Industry Restructuring Act of 1999, as enacted by Laws 1999, ch. 294, §§ 1 to 22 and Laws 2000, ch. 88, § 1, and as amended by Laws 2001, ch. 5, §§ 1 to 10, effective June 20, 2003. For provisions of the former sections,
see
the 2002 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 4 - Joint Hearings and Orders › Section 62-4-1 - Joint hearings and orders.

The commission, in the discharge of its duties under the Public Utility Act [Chapter 62, Articles 1 to 6 and 8 to 13 NMSA 1978], may make joint investigations, hold joint hearings within or without the state and issue joint or concurrent orders in conjunction or concurrence with any official or agency of any state, the United States or any New Mexico Indian nation, tribe or pueblo. In the holding of such investigations or hearings or in the making of such order, the commission may function under agreements or compacts between states to regulate interstate commerce. The commission, in the discharge of its duties under the Public Utility Act, may also negotiate and enter into agreements or compacts with agencies of other states, pursuant to any consent of congress, for cooperative efforts in certificating the construction, operation and maintenance of major utility facilities in accord with the purposes of the Public Utility Act and for the enforcement of the respective state laws regarding same.
History:
1953 Comp., § 68-8-2.1, enacted by Laws 1977, ch. 191, § 1; 1993, ch. 282, § 44; 1998, ch. 108, § 47.
ANNOTATIONS
Compiler's notes.
— Section 62-4-1 of the Public Utility Act is still effective as the repeal of Chapter 62, Article 4 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
The 1998 amendment,
effective January 1, 1999, deleted "public utility" following "The" at the beginning of the section; substituted "may" for "is authorized to" near the beginning of the section; substituted "or any New Mexico Indian nation, tribe or pueblo" for "whether" near the middle of the section; substituted "may also" for "is further authorized to" near the end of the section.
The 1993 amendment,
effective June 18, 1993, substituted "public utility commission" for "public service commission" in the first sentence.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 5 - New Mexico Public Utility Commission (Repealed.) › Section 62-5-1 to 62-5-11 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1998, ch. 108, § 81 repealed 62-5-1 to 62-5-11 NMSA 1978, as enacted by Laws 1941, ch. 84, §§ 7, 11, and 13, relating to the operation of the public utility commission, effective January 1, 1999. For provisions of former sections,
see
the 1997 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 6 - Powers and Duties of Commission › Section 62-6-1 to 62-6-3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1998, ch. 108, § 81 repealed 62-6-1 to 62-6-3 NMSA 1978, as enacted by Laws 1941, ch. 84, §§ 14-16, relating to adoption of rules, reports to governor, and commissioners and employees rendering service to public utilities, effective January 1, 1999. For provisions of former sections,
see
the 1997 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 6 - Powers and Duties of Commission › Section 62-6-4.2 - Transition cost recovery.

A. Notwithstanding repeal of the Electric Utility Industry Restructuring Act of 1999, unless otherwise waived, a public utility shall be entitled to an opportunity to recover its transition costs. Utilities may retain these transition costs as a regulatory asset on their books pending recovery, which shall be completed by January 1, 2010.
B. For purposes of this section, "transition costs" means the prudent, reasonable and unmitigable costs other than stranded costs, not recoverable elsewhere under either federally approved rates or rates approved by the commission, that a public utility would not have incurred but for its compliance with the requirements of the Electric Utility Industry Restructuring Act of 1999 and rules promulgated pursuant to that act relating to the transition to open access, and the prudent cost of severance, early and enhanced retirement benefits, retraining, placement services, unemployment benefits and health care coverage to public utility nonmanagerial employees who are laid off on or before January 1, 2003, that are not otherwise recovered as a stranded salary and benefits cost. Transition costs shall not include costs that the public utility would have incurred notwithstanding the Electric Utility Industry Restructuring Act of 1999.
History:
Laws 2003, ch. 336, § 1.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 336 contained no effective date provision but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
Compiler's notes.
— Electric Utility Industry Restructuring Act of 1999, Laws 1999, ch. 294, was codified as Chapter 62, Article 3A NMSA 1978 before being repealed by Laws 2003, ch. 336, § 9, effective June 20, 2003.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 6 - Powers and Duties of Commission › Section 62-6-4.3 - Public utilities; generating plant investment, construction, acquisition and operation.

A. A public utility may invest in, construct, acquire or operate a generating plant that is not intended to provide retail electric service to New Mexico customers, the cost of which is not included in retail rates and which business activities shall not be subject to regulation by the commission pursuant to the Public Utility Act [Chapter 62, Articles 1 to 6 and 8 to 13 NMSA 1978], except as provided by Section 62-9-3 NMSA 1978. This section shall not diminish a public utility's obligation, by the prudent acquisition of resources, to serve its retail load at a cost of service no higher than the average book cost plus fuel, other operating and maintenance costs and the utility's authorized rate of return on investment of the utility's unregulated generation constructed or acquired after January 1, 2001; provided that this provision does not apply to a public utility that does not acquire unregulated generation after January 1, 2001. The commission shall assure that the regulated business is appropriately credited for any off-system sales made from regulated assets.
B. This section shall apply only to a public utility that began investing in, constructing or acquiring generating plant pursuant to this section before July 1, 2004. This section shall continue to apply until the latest of:
(1) January 1, 2015;
(2) the date the public utility divests its interest in [a] generating plant acquired or constructed pursuant to the provisions of this section; or
(3) the date the plant receives a certificate of convenience and necessity in accordance with Section 62-9-1 NMSA 1978.
History:
Laws 2003, ch. 336, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Effective dates.
— Laws 2003, ch. 336 contained no effective date provision but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 6 - Powers and Duties of Commission › Section 62-6-4.4 - Gas and electric utilities; combined service.

A public utility that provides both electricity and natural gas distribution services shall not be required to functionally separate its electric and gas transmission, transportation and distribution operations from each other. Any rule or order to the contrary is void. Nothing in this section shall prevent a combined gas and electric distribution company from selling the natural gas commodity to customers pursuant to tariffs approved by the commission.
History:
Laws 2003, ch. 336, § 3.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 336 contained no effective date provision but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 6 - Powers and Duties of Commission › Section 62-6-4.5 - Billing; franchise fees; gross receipts taxes.

A. A franchise fee charge shall be stated as a separate line entry on a bill sent by a public utility or a distribution cooperative utility to a customer and shall only be recovered from a customer located within the jurisdiction of the government authority imposing the franchise fee.
B. Any gross receipts taxes collected on electric services received by a retail customer in the state shall be stated as a separate line entry on a bill for electric service sent to the customer by a public utility or distribution cooperative utility.
History:
Laws 2003, ch. 336, § 4.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 336 contained no effective date provision but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
Line item charges for franchise fees.
— The public regulation commission did not have jurisdiction to enter an order requiring a public utility to stop including on customers' bills the franchise fee charges paid by the utility to a county for the right to use county right-of-way to deliver utility service to county residents and businesses.
El Paso Elec. Co. v. N.M. Pub. Regulation Comm'n
, 2010-NMSC-048, 149 N.M. 174, 246 P.3d 443.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 6 - Powers and Duties of Commission › Section 62-6-7 - Application to commission; order of commission.

Such public utility shall, by written petition filed with the commission and setting forth the pertinent facts involved, make application to the commission for an order authorizing the proposed issue, assumption or guarantee of securities, and the application of the proceeds therefrom to the purposes specified. The commission shall, after such hearing and upon such notice as the commission may prescribe, enter its written order approving the petition and authorizing the proposed securities transactions, unless the commission shall find: that such transactions are inconsistent with the public interest; or that the purpose or purposes thereof are not permitted by this act; or that the aggregate amount of the securities outstanding and proposed to be outstanding will exceed the fair value of the properties and business of the public utility.
History:
Laws 1941, ch. 84, § 19; 1941 Comp., § 72-507; 1953 Comp., § 68-5-7.
ANNOTATIONS
Compiler's notes.
— Sections 62-6-4 to 62-6-26.1 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
Cross references.
— For investment securities,
see
55-8-101 to 55-8-511 NMSA 1978.
For security dealers,
see
58-13B-3 to 58-13B-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 6 - Powers and Duties of Commission › Section 62-6-8 - Exempted securities.

A. A public utility may issue securities, other than stock or stock certificates, payable at periods of not more than eighteen months after the date of issuance of same, and secured or unsecured, without application to or order of the commission, but no such securities so issued shall in whole or in part be refunded by any issue of stocks, stock certificates or other securities having a maturity of more than eighteen months, except on application to and approval of the commission.
B. If a utility proposes to accomplish proposed financing by the issuance and delivery of notes, bonds or other evidences of indebtedness and of mortgages, deeds of trust or other security instruments therefor to the United States of America or any agency or instrumentality thereof, acting solely as the lender or with the participation of one or more other lenders, the application to the commission shall set forth the facts involved, the proposed application of the proceeds therefrom and any approval or expected approval thereof by the United States of America or its agency or instrumentality. No hearing by the commission shall be required for approval of the issuance and delivery of the evidences of indebtedness and security instruments to such lender or lenders and the commission shall approve the issuance and delivery thereof within the time provided in Section 62-6-9 NMSA 1978; provided that for good cause shown, the commission may order that a hearing shall be held with respect to the proposed financing. The order of approval of the commission may be conditioned on the approval of the issuance of the evidences of indebtedness or security by the United States of America or the agency or instrumentality thereof as may be appropriate.
History:
1953 Comp., § 68-5-8, enacted by Laws 1967, ch. 96, § 5; 1971, ch. 9, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 1967, ch. 96, § 5, repealed 68-5-8, 1953 Comp., relating to securities exempted from approval requirements, and enacted a new 68-5-8, 1953 Comp.
Compiler's notes.
— Sections 62-6-4 to 62-6-26.1 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 6 - Powers and Duties of Commission › Section 62-6-8.1 - Additional jurisdiction.

Except as provided in Subsection E of Section 62-6-6 NMSA 1978 and notwithstanding any other provision of Sections 62-6-1 through 62-6-11 NMSA 1978, the commission shall have jurisdiction over and may regulate, by general order or regulation, securities of a public utility incorporated under the laws of this state that would otherwise be exempt from regulation by the commission pursuant to Section 62-6-6 NMSA 1978 or Subsection A of Section 62-6-8 NMSA 1978 and that is subject to regulation pursuant to 16 USC 824.
History:
Laws 1979, ch. 50, § 1; 2003, ch. 416, § 3.
ANNOTATIONS
Compiler's notes.
— Sections 62-6-4 to 62-6-26.1 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
The 2003 amendment,
effective July 1, 2003, added "Except as provided in Subsection E of Section 62-6-6 NMSA 1978 and" at the beginning.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 6 - Powers and Duties of Commission › Section 62-6-9 - Applications disposed of promptly.

All applications for the issuance, assumption or guarantee of securities shall be placed at the head of the commission's docket and shall be disposed of promptly, and within thirty days after petition is filed with the commission unless it is necessary for good cause to continue same for a longer period. Whenever such application is continued beyond thirty days after the time it is filed, the commission shall enter an order making such continuance and stating fully the facts necessitating same.
History:
Laws 1941, ch. 84, § 21; 1941 Comp., § 72-509; 1953 Comp., § 68-5-9.
ANNOTATIONS
Compiler's notes.
— Sections 62-6-4 to 62-6-26.1 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 6 - Powers and Duties of Commission › Section 62-6-10 - No obligation on state.

No provision of this act, nor any act or deed done or performed in connection therewith, shall be construed to obligate the state of New Mexico to pay or guarantee in any manner whatsoever any security authorized, issued, assumed or guaranteed under the provisions of this act.
History:
Laws 1941, ch. 84, § 22; 1941 Comp., § 72-510; 1953 Comp., § 68-5-10.
ANNOTATIONS
Compiler's notes.
— Sections 62-6-4 to 62-6-26.1 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 6 - Powers and Duties of Commission › Section 62-6-11 - Securities voidable unless approved.

All securities issued, assumed or guaranteed without application to and approval of the commission, except the securities mentioned in Sections 62-6-8 and 62-6-8.1 NMSA 1978, are voidable with the consent of the commission.
History:
Laws 1941, ch. 84, § 23; 1941 Comp., § 72-511; 1953 Comp., § 68-5-11; Laws 1979, ch. 50, § 2; 2005, ch. 339, § 3.
ANNOTATIONS
The 2005 amendment,
effective July 1, 2005, deleted the former provision that securities are void and provides that securities are voidable with the consent of the commission.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 6 - Powers and Duties of Commission › Section 62-6-13 - Application; approval of commission.

Application shall be made by the interested public utility by written petition containing a concise statement of the proposed transaction, the reason therefor and such other information as may reasonably be required by the commission. Upon the filing of such application, the commission shall promptly investigate the same, with such hearing and upon such notice as the commission may prescribe, and unless the commission shall find that the proposed transaction is unlawful or is inconsistent with the public interest, it shall give its consent and approval in writing.
History:
Laws 1941, ch. 84, § 25; 1941 Comp., § 72-513; 1953 Comp., § 68-5-13.
ANNOTATIONS
Compiler's notes.
— Sections 62-6-4 to 62-6-26.1 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
Only notice necessary is such as commission requires.
— The notice requirement under Section 62-10-5 NMSA 1978 has application only when a proceeding is initiated by a complaint; otherwise the only notice necessary is such as is required by the commission. 1948 Op. Att'y Gen. No. 48-5138.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 64 Am. Jur. 2d Public Utilities §§ 255 to 263.
Merger or consolidation without required permit as affecting validity of contracts, 30 A.L.R. 890, 42 A.L.R. 1226, 118 A.L.R. 646.
73B C.J.S. Public Utilities §§ 68, 72.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 6 - Powers and Duties of Commission › Section 62-6-16 - Commission may prescribe uniform accounts.

The commission may, when it deems it advisable to do so, upon notice and hearing, establish a uniform system of accounts for each utility, which system shall be uniform for all utilities of the same kind and class, and may make such regulations regarding the accounts of each utility for the purpose of insuring [ensuring] uniform and correct books of account and record as in the judgment of the commission may be necessary to carry out any of the provisions of this act.
History:
Laws 1941, ch. 84, § 28; 1941 Comp., § 72-516; 1953 Comp., § 68-5-16.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— For the meaning of "this act",
see
62-13-1 NMSA 1978 and notes thereto.
Sections 62-6-4 to 62-6-26.1 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
Law reviews.
— For note, "The Public Service Commission: A Legal Analysis of an Administrative System," see 3 N.M.L. Rev. 184 (1973).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 73B C.J.S. Public Utilities § 68.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 6 - Powers and Duties of Commission › Section 62-6-18 - Utilities required to report to commission.

Every utility when and as required by the commission, shall file with the commission such annual report and such other information as the commission may reasonably require. The commission shall prepare and distribute to every utility blank forms for the reports required under this section.
History:
Laws 1941, ch. 84, § 30; 1941 Comp., § 72-518; 1953 Comp., § 68-5-18.
ANNOTATIONS
Compiler's notes.
— Sections 62-6-4 to 62-6-26.1 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 13 Am. Jur. 2d Carriers §§ 219, 220; 64 Am. Jur. 2d Public Utilities § 235.
73B C.J.S. Public Utilities §§ 66, 67, 75.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 6 - Powers and Duties of Commission › Section 62-6-20 - Meter accuracy.

The commission may prescribe reasonable rules, regulations and standards to secure the substantial accuracy of all meters and other devices for measurement of utility service or products which shall be complied with by the utility and consumer.
History:
Laws 1941, ch. 84, § 32; 1941 Comp., § 72-520; 1953 Comp., § 68-5-20; Laws 1965, ch. 289, § 5.
ANNOTATIONS
Compiler's notes.
— Sections 62-6-4 to 62-6-26.1 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 6 - Powers and Duties of Commission › Section 62-6-21 - Inspection of meters and other devices for measuring public utility service.

The commission shall adopt rules, regulations and standards to secure the accuracy of all meters and other devices for measurement of utility service or products, and the commission may examine and test any and all such meters and other devices under such rules and regulations as it may prescribe. At all inspections and tests made on complaints of consumers, representatives of the utility complained of and of the complainant may be present.
History:
Laws 1941, ch. 84, § 33; 1941 Comp., § 72-521; 1953 Comp., § 68-5-21; Laws 1965, ch. 289, § 6.
ANNOTATIONS
Compiler's notes.
— Sections 62-6-4 to 62-6-26.1 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 6 - Powers and Duties of Commission › Section 62-6-22 - Meters and other measuring devices; testing; fees.

Any consumer or user may have any meter or measuring device tested by the utility once without charge after a reasonable period to be fixed by the commission by rule, and at shorter intervals upon payment of reasonable fees fixed by the commission. The commission shall declare and establish reasonable fees to be paid for other examining and testing [of] such meters and other measuring devices on the request of the consumer. If the test is requested to be made within the period of presumed accuracy as fixed by the commission since the last such test of the same meter or other measuring device, the fee to be paid by the consumer or user at the time of his request shall be refunded to the consumer or user if the meter or measuring device be found unreasonably defective or incorrect to the substantial disadvantage of the consumer or user. If the consumer's request is made at a time beyond the period of presumed accuracy fixed by the commission since the last such test of the same meter or measuring device, the utility shall make the test without charge to the consumer or user.
History:
Laws 1941, ch. 84, § 34; 1941 Comp., § 72-522; 1953 Comp., § 68-5-22; Laws 1965, ch. 289, § 7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Sections 62-6-4 to 62-6-26.1 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 6 - Powers and Duties of Commission › Section 62-6-23 - Authority to enter premises.

The commission and its officers and employees of the commission may during all reasonable hours, after reasonable notice to the utility, enter upon any premises occupied by any utility for the purpose of making examinations and tests and exercising any power provided for in this act, and may set up and use on such premises any apparatus and appliances necessary therefor. Such public utility shall have the right to be represented at the making of such examination, tests and inspections, and shall be given sufficient time before the making thereof to secure the presence of a representative of its selection.
History:
Laws 1941, ch. 84, § 35; 1941 Comp., § 72-523; 1953 Comp., § 68-5-23.
ANNOTATIONS
Compiler's notes.
— For the meaning of "this act",
see
62-13-1 NMSA 1978 and notes thereto.
Sections 62-6-4 to 62-6-26.1 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
Law reviews.
— For note, "The Public Service Commission: A Legal Analysis of an Administrative System," see 3 N.M.L. Rev. 184 (1973).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 73B C.J.S. Public Utilities §§ 14, 75.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 6 - Powers and Duties of Commission › Section 62-6-25 - Electrical power grids reports; transmission of electrical power; complaint procedures.

A. The commission may require electric utilities and rural electric cooperatives to furnish the commission with available information material to the reliability of electrical power grids within the state.
B. To ensure efficient and reliable operation of New Mexico electrical power grids and upon complaint of an interested electric utility or rural electric cooperative, and after notice and hearing, the commission may, to the extent permitted by federal law and consistent with the standards prescribed by law for compulsory wheeling service ordered by the federal energy regulatory commission, require another electric utility to provide transmission services to the complainant, subject to arrangements for compensation therefor by agreement between the utilities or pursuant to a rate schedule filed with the federal energy regulatory commission.
History:
1978 Comp., § 62-6-25, enacted by Laws 1983, ch. 104, § 1.
ANNOTATIONS
Compiler's notes.
— Sections 62-6-4 to 62-6-26.1 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
Severability.
— Laws 1983, ch. 104, § 2 provided for the severability of the act if any part or application thereof is held invalid.
"Interested electric utility".
— The definition of "person" in Section 62-3-3E NMSA 1978 controls the meaning of "interested electric utility" in Subsection B of this section and, thus, a municipality that had not elected to come within the terms of the Public Utility Act was not authorized to seek wheeling orders from the commission.
Public Serv. Co. v. N.M. Pub. Util. Comm'n
, 1999-NMSC-040, 128 N.M. 309, 992 P.2d 860.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 6 - Powers and Duties of Commission › Section 62-6-26.1 - Rates for clean fuels used as vehicular fuels; authorization.

The commission may approve or otherwise allow to become effective applications from public utilities, subject to the commission's jurisdiction under the Public Utility Act [Chapter 62, Articles 1 to 6 and 8 to 13 NMSA 1978], for clean fuel rates, tariffs or other programs in order to encourage, develop or promote the development and use of natural gas and other clean fuels used as vehicular fuels. For the purposes of this section, clean fuel rates or tariffs are rates or tariffs set at a lower level than the corresponding service rate or tariff for which a customer would otherwise qualify.
History:
Laws 1992, ch. 58, § 10; 1993, ch. 282, § 32.
ANNOTATIONS
Compiler's notes.
— Sections 62-6-4 to 62-6-26.1 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
The 1993 amendment,
effective June 18, 1993, substituted "The commission" for "The New Mexico public service commission" at the beginning of the section.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 6 - Powers and Duties of Commission › Section 62-6-27 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1997, ch. 28, § 1 repealed 62-6-27, as enacted by Laws 1994, ch. 141, § 1, relating to gasoline sales information, effective June 20, 1997. For provisions of former section,
see
the 1996 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 7 - Natural Gas Price Protection (Repealed.) › Section 62-7-1 to 62-7-10 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1984, ch. 123, § 13A, repealed 62-7-1 through 62-7-10 NMSA 1978, the Natural Gas Pricing Act, effective July 1, 1984.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 7 - Natural Gas Price Protection (Repealed.) › Section 62-7-11 to 62-7-23 - Terminated.

ANNOTATIONS
Termination dates.
— Laws 1984, ch. 123, § 15, terminated 62-7-11 to 62-7-23 NMSA 1978, as enacted by Laws 1984, ch. 123, the Natural Gas Price Protection Act, effective June 30, 1985.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 8 - Duties and Restrictions Imposed Upon Public Utilities › Section 62-8-3 - Schedules.

Under such rules and regulations as the commission may prescribe, every public utility subject to the jurisdiction of the commission, shall file with the commission, within such time and in such form as the commission may designate, schedules showing all rates established by it and collected or enforced, or to be collected or enforced, within the jurisdiction of the commission. The utility shall keep a copy of such schedules open to public inspection under such rules and regulations as the commission may prescribe.
History:
Laws 1941, ch. 84, § 39; 1941 Comp., § 72-603; 1953 Comp., § 68-6-3.
ANNOTATIONS
Compiler's notes.
— Sections 62-8-1 to 62-8-9 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
Fee payable for each schedule, not each instrument.
— Fee provided for is payable for each rate schedule filed even though all schedules filed under rules of the commission may be included in one instrument. 1941 Op. Att'y Gen. No. 41-3939.
Law reviews.
— For note, "Conservation, Lifeline Rates and Public Utility Regulatory Commissions," see 19 Nat. Res. J. 411 (1979).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 73B C.J.S. Public Utilities §§ 5, 29, 41, 59.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 8 - Duties and Restrictions Imposed Upon Public Utilities › Section 62-8-4 - Schedules to show classifications.

Such schedules filed by every public utility shall set forth the classification of users and the rates to be charged as to each classification; and every utility shall have the right to make reasonable classifications of its users.
History:
Laws 1941, ch. 84, § 40; 1941 Comp., § 72-604; 1953 Comp., § 68-6-4.
ANNOTATIONS
Compiler's notes.
— Sections 62-8-1 to 62-8-9 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
Refund to wholesale users held not discriminatory.
— There was no de facto discrimination where electric company gave refund to wholesale users and did not give it to small consumers who did not have contracts with the power company.
N.M. Elec. Serv. Co. v. N.M. Pub. Serv. Comm'n
, 1970-NMSC-097, 81 N.M. 683, 472 P.2d 648.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 64 Am. Jur. 2d Public Utilities §§ 117 to 125.
Public utilities: validity of preferential rates for elderly or low-income persons, 29 A.L.R.4th 615.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 8 - Duties and Restrictions Imposed Upon Public Utilities › Section 62-8-5 - Adherence to schedules.

No public utility shall directly or indirectly, by any device whatsoever, or in anywise, charge, demand, collect or receive from any person a greater or less compensation for any service rendered or to be rendered by such public utility than that prescribed in the schedules of such public utility applicable thereto then filed in the manner provided in this act, nor shall any person receive or accept any service from a public utility for a compensation greater or less than that prescribed in such schedules.
History:
Laws 1941, ch. 84, § 41; 1941 Comp., § 72-605; 1953 Comp., § 68-6-5.
ANNOTATIONS
Compiler's notes.
— Sections 62-8-1 to 62-8-9 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 73B C.J.S. Public Utilities §§ 5, 56.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 8 - Duties and Restrictions Imposed Upon Public Utilities › Section 62-8-9 - Disposition of funds; interest and penalty on late payments.

A. All fees and money collected under the provisions of the Public Utility Act [Chapter 62, Articles 1 to 6 and 8 to 13 NMSA 1978], including fees provided for in Section 62-13-2 NMSA 1978 and including fees and charges for inspection and supervision, for stenographic services and for transcripts of evidence, shall be remitted by the commission to the state treasurer not later than the day following receipt. Payments provided for in the Public Utility Act shall be obligatory upon all utilities subject to the Public Utility Act.
B. When a fee is not paid on the date it is due, interest shall be paid to the state on the amount due. The interest on the amount due shall start to accrue on the day following the due date and will continue to accrue until the total amount due is paid. The rate of interest on a late fee payment shall be fifteen percent per year, computed at the rate of one and one-fourth percent per month.
C. In addition to any interest due on a late fee payment, a penalty shall be paid to the state for failure to pay the fee when it was due. The penalty imposed shall be two percent of the amount of the fee due.
D. The attorney general, in the name of the state, shall bring suit to collect fees, interest and penalties that remain unpaid.
History:
1953 Comp., § 68-6-9.1, enacted by Laws 1957, ch. 25, § 1; 1992, ch. 23, § 1.
ANNOTATIONS
Compiler's notes.
— Sections 62-8-1 to 62-8-9 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
The 1992 amendment,
effective July 1, 1992, added the present catchline; added the Subsection A designation; in Subsection A, made a section reference substitution, inserted "inspection and supervision, for", deleted the former last sentence, relating to failure, neglect or refusal of a utility to pay on the date it is due, and made stylistic changes; and added Subsections B, C, and D.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 73B C.J.S. Public Utilities § 65.