reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 530 - FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR INVESTOR-OWNED ELECTRIC UTILITIES › Section 17.9.530.13 - APPENDIX A MINIMUM DATA STANDARD REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Schedule A Series: Summaries of the
				proposed cost of service.
(1) Sch. A-1:
				Summary of the overall cost of service and the claimed revenue deficiency: Base
				Period; Test Year Period.
(2) Sch.
				A-2: Summary of the revenue increase or decrease at the proposed rates by rate
				classes: Test Year Period.
(3) Sch.
				A-3: Summary of the cost of service adjustments by functional classification:
				Test Year Period.
(4) Sch. A-4:
				Summary of Rate Base: Base Period; Test Year Period; Test Year Period
				RCND--OPTIONAL.
(5) Sch. A-5:
				Summary of total capitalization and the weighted average cost of capital: Base
				Period; Test Year Period; Test Year Period RCND--OPTIONAL.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 530 - FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR INVESTOR-OWNED ELECTRIC UTILITIES › Section 17.9.530.14 - APPENDIX

Current through Register Vol. 35, No. 13, July 16, 2024
A. Schedule A
				Series: Summaries of the proposed cost of service. In this series of schedules
				the applicant shall show the New Mexico jurisdictional total cost of service in
				summary form for the Base Period and for the Test Year Period, as appropriate,
				and the proposed total cost of service in summary form for the Proposed Test
				Year Period as developed from the supporting schedules and workpapers included
				elsewhere in the applicant's filing package. Summaries of the proposed cost of
				service shall be provided as specified in the following schedules.
(1) Schedule A-1: Summary of the overall cost
				of service and the claimed revenue deficiency.
(a) [Base Period]: In this schedule the
				applicant shall show the cost of service for the Base Period on an unadjusted
				basis including but not limited to: revenues, operation and maintenance
				expenses, depreciation expense, taxes on other than income, taxes on income,
				and the resulting return.
(b) [Test
				Year Period]: In this schedule the applicant shall show each of the items
				included in the Base Period, all adjustments thereto, the sum of each of these
				items at the end of the Test Year Period, and the revenue deficiency.
(c) A full explanation of each of the
				adjustments made to the balances shown at the end of the Base Period shall be
				referenced to the appropriate supporting schedules or workpapers which shall
				constitute a part of the applicant's filing package.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 531 - DISCLOSURE OF ELECTRIC RATES BY FUNCTION IN CUSTOMER BILLS › Section 17.9.531.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Public Utility Commission [New Mexico Public
				  Regulation Commission], 224 East Palace Avenue, Santa Fe, NM
				  87501.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 531 - DISCLOSURE OF ELECTRIC RATES BY FUNCTION IN CUSTOMER BILLS › Section 17.9.531.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to every investor-owned, rural electric
				  cooperative, or municipal electric utility operating in New Mexico that is
				  subject to the jurisdiction of the Commission as provided in the Public Utility
				  Act.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 531 - DISCLOSURE OF ELECTRIC RATES BY FUNCTION IN CUSTOMER BILLS › Section 17.9.531.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The New Mexico Public Utility Act, NMSA 1978 Section
				  62-1-1
et seq
., in particular NMSA 1978 Sections 62-6-1,
				  62-6-4,
				  and
				  62-10-2.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 531 - DISCLOSURE OF ELECTRIC RATES BY FUNCTION IN CUSTOMER BILLS › Section 17.9.531.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 30, 1998, unless a later date is cited at the end of a
				  Section or Paragraph.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 531 - DISCLOSURE OF ELECTRIC RATES BY FUNCTION IN CUSTOMER BILLS › Section 17.9.531.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to provide information to the
				  Commission and to consumers regarding the generation, transmission and
				  distribution functions of the electric services being provided by utilitys. To
				  that end, this rule requires that electric utilitys include information in
				  customer bills about the portion of the rates attributable respectively to
				  generation, transmission and distribution activity. This information will serve
				  to educate customers about the various services being rendered by their
				  electric utility and the cost of those services.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 531 - DISCLOSURE OF ELECTRIC RATES BY FUNCTION IN CUSTOMER BILLS › Section 17.9.531.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in this rule, unless otherwise specified:
A.
Commission or NMPUC
means
				the New Mexico Public Utility Commission or its successor agency.
B.
Commission Staff
means
				persons, other than Hearing Examiners, Commission Technical Advisors and
				Commission Counsel, employed by the Commission.
C.
Customer charge
means the
				charge which is usually characterized as a customer or monthly service charge,
				does not vary with the level of usage, and generally includes such costs as
				administrative, billing, and metering costs.
D.
Distribution
means the
				delivery of electric power from the transmission system through distribution
				lines to the meter of the retail customer.
E.
Functions
means the various
				activities involved in providing electric service, including generation,
				transmission and distribution. For purposes of this rule, attributing portions
				of rates to different functions means separately identifying and disclosing
				that portion of the utilitys rates which reasonably reflect the costs
				attributable to each of the three functions, not including the customer charge.
				(Note: The definition of "functionalization" provided in NMPUC Rule 530 on
				minimum data filing requirements shall provide guidance in this identification;
				"functionalization" in that rule refers to the costs of providing the utility
				service separated by the major function or purpose which the plant or expense
				performs in rendering the utility service, for example, production,
				transmission, distribution, etc.)
F.
Generation
means the
				production or acquisition of energy supply.
G.
Transmission
means the
				activities involved in the transmission of electric power from the source or
				producer of power to the distribution system.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 531 - DISCLOSURE OF ELECTRIC RATES BY FUNCTION IN CUSTOMER BILLS › Section 17.9.531.8 - RELATIONSHIPTO OTHER COMMISSION RULES

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise specified, this rule is not intended to
				  supersede any other rule of the Commission but to supplement such rules,
				  including but not limited to NMPUC Rule 410. In the case of conflict, the
				  provisions of this rule shall apply.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 531 - DISCLOSURE OF ELECTRIC RATES BY FUNCTION IN CUSTOMER BILLS › Section 17.9.531.9 - INFORMATION TO BE INCLUDED IN CUSTOMER BILLS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Every electric utility shall separately
				state in its bills to retail customers the portions of its rates (not including
				the customer charge or any separately stated, Commission-approved fuel and
				purchased power cost adjustment clause) which are attributable to generation,
				transmission and distribution functions, respectively. The utility shall
				provide this information for each per kilowatt or per kilowatt hour charge for
				the customer class to which the customer belongs. Examples of possible bill
				formats are provided in 17 NMAC 10.531.16 and 17 NMAC 10.531.17 NMAC [now
				17.9.531.16 NMAC and 17.9.531.17 NMAC].
B. The information required by 17 NMAC
				10.531.9.1 [now Subsection A of 17.9.531.9 NMAC] shall be revenue-neutral for
				the utility and for each customer and customer class. No provision of this rule
				is intended to affect the rates on file with the Commission and a utility's
				filing pursuant to this rule shall not be construed to be a request for new
				rates or a change in rates under NMSA 1978 Section
				62-8-7
				or NMPUC Rules 110, 210, 530 or 540.
C. In the event that adjustments based on a
				fuel and purchased power cost adjustment clause approved by the Commission
				under NMPUC Rule 550 are not separately stated in the utility's customer bills,
				the utility may, without further approval by the Commission, modify the
				information required by this rule consistently with the change in rates
				resulting from the fuel and purchased power cost adjustment clause.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 531 - DISCLOSURE OF ELECTRIC RATES BY FUNCTION IN CUSTOMER BILLS › Section 17.9.531.10 - BASIS FOR INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				information required by 17 NMAC 10.531.9 [now 17.9.531.9 NMAC] shall be based
				on the revenue requirements and rates in effect for the utility.
B. Data used to develop and support the
				information provided pursuant to 17 NMAC 10.531.9 [now 17.9.531.9 NMAC] may
				include data filed by the utility in its last rate proceeding, any reports
				filed with the Commission, including cost of fuel adjustment reports, annual
				reports, and data included in Federal Energy Regulatory Commission (FERC) Form
				No. 1 in the case of investor-owned utilitys or Rural UtilityServices (RUS)
				Form 7 in the case of rural electric cooperatives.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 531 - DISCLOSURE OF ELECTRIC RATES BY FUNCTION IN CUSTOMER BILLS › Section 17.9.531.11 - COMMISSION REVIEW AND APPROVAL

Current through Register Vol. 35, No. 13, July 16, 2024
To implement the requirements of this rule in the most
				  expeditious manner possible, the following procedures shall be followed
A. Each electric utility shall submit the
				information required by 17 NMAC 10.531.9 [now 17.9.531.9 NMAC] to the
				Commission on or before August 1, 1998. The utility shall submit the
				information in the form of proposed bill formats for each customer class,
				together with the data and calculations upon which it bases its determination
				of the portions of its rates attributable to different functions. The utility
				shall include as part of this filing a copy of the first insert it proposes to
				send to customers under 17 NMAC 10.531.12.1 [now Subsection A of 17.9.531.12
				NMAC] and a copy of the customer education program it intends to implement
				under 17 NMAC 10.531.12.2 [now Subsection B of 17.9.531.12 NMAC]. A copy of the
				filing shall be served on the Attorney General, Commission Staff and the
				parties to the utilitys most recent general rate proceeding, except as provided
				in 17 NMAC 10.531.11.4 [now Subsection D of 17.9.531.11 NMAC].
B. Commission Staff and other interested
				parties may submit written comments on the utilitys filing, including any
				proposed revisions and all supporting materials, to the Commission within 10
				days of service by the utility pursuant to 17 NMAC 10.531.11.1 [now Subsection
				A of 17.9.531.11 NMAC]. The Commission shall review the submittals of the
				utility and any interested parties, together with the data and calculations on
				which they are based and any other information requested by the Commission, and
				determine the information to be included in customer bills and the manner of
				presentation, as well as the nature and timing of the utilitys customer
				education program.
C. The utility
				shall use the new bill format beginning either with the October 1998 billing
				cycle or the second billing cycle after issuance of the Commissions order under
				17 NMAC 10.531.11.2 [now Subsection B of 17.9.531.11 NMAC], whichever is later,
				or as otherwise directed by the Commission.
D. Notwithstanding the service provisions of
				17 NMAC 10.531.11.1 [now Subsection A of 17.9.531.11 NMAC]., in the case of
				rural electric cooperatives, service shall be made on the Attorney General,
				Commission Staff and the parties to the cooperatives most recent general rate
				proceeding, if conducted within the five years immediately prior to service. If
				no general rate proceeding has been conducted during that time period, service
				shall be made on the Attorney General, Commission Staff and any other person
				requesting such service.
E.
				Utilitys shall file their new bill formats with the Commission in accordance
				with NMPUC Rule 210.11.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 531 - DISCLOSURE OF ELECTRIC RATES BY FUNCTION IN CUSTOMER BILLS › Section 17.9.531.12 - CUSTOMER EDUCATION PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Bill inserts.
During the billing cycle just prior to the
				implementation of the bill format adopted pursuant to 17 NMAC 10.531.11 [now
				17.9.531.11 NMAC]., the utility shall include an insert with its bills which
				explains the new format. The utility shall also include a bill insert with the
				first two bills sent to each customer using the new bill format, and no less
				often than every six months thereafter. These inserts shall describe the
				different functional components of electric service, defining each function in
				clear terms, and shall be approved by the Commission prior to their use. In the
				case of a rural electric cooperative, the explanation otherwise provided by an
				insert may be furnished in the enchantment magazine, subject to Commission
				approval.
B.
Required
				plan.
Each electric utility affected by this rule shall develop a plan
				for providing timely information to its customers about the new bill format and
				the functional components of electric service. Each utilitys plan shall include
				appropriate means of communication, such as the use of community forums, radio
				and television announcements, newspaper advertisements, or World Wide Web
				sites, in addition to the bill inserts described in 17 NMAC 10.531.12.1 [now
				Subsection A of 17.9.531.12 NMAC]. The utilitys plan is subject to review and
				approval by the Commission as provided in 17 NMAC 10.531.11 [now 17.9.531.11
				NMAC].
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 531 - DISCLOSURE OF ELECTRIC RATES BY FUNCTION IN CUSTOMER BILLS › Section 17.9.531.13 - PROCEDURES FOR REVISING INFORMATION BASED ON RATE CHANGES

Current through Register Vol. 35, No. 13, July 16, 2024
A. If a rate case
				is pending on the effective date of this rule, the Commission shall order the
				utility to propose the information required by 17 NMAC 10.531.9.1 [now
				Subsection A of 17.9.531.9 NMAC]. consistent with its rate filing or as the
				Commission may otherwise direct.
B.
				A utility requesting a change of rates after the effective date of this rule
				shall propose the information required by 17 NMAC 10.531.9.1 [now Subsection A
				of 17.9.531.9 NMAC]. in its rate filing.
C. A rural electric cooperative that changes
				its rates without a hearing pursuant to NMSA 1978 Section
				62-8-7
				F shall include the information required by 17 NMAC 10.531.9.1 [now Subsection
				A of 17.9.531.9 NMAC]. in its rate filing.
D. At the time that a utilitys changed rates
				become effective, bills to customers shall separately state the portions of
				those rates which are attributable respectively to generation, transmission and
				distribution functions.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 531 - DISCLOSURE OF ELECTRIC RATES BY FUNCTION IN CUSTOMER BILLS › Section 17.9.531.14 - VARIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A utility may request a variance from the informational
				  requirements of this rule if the approach it proposes would provide comparable
				  information to the consumer in a more accurate or understandable manner. The
				  utility shall send notice of its application for a variance to the Attorney
				  General, Commission Staff and the parties to the utility's most recent general
				  rate proceeding. The Commission may grant the variance, with or without
				  modifications, for good cause shown.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 531 - DISCLOSURE OF ELECTRIC RATES BY FUNCTION IN CUSTOMER BILLS › Section 17.9.531.15 - EXTENSIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A utility, Commission Staff or other interested party may
				  request an extension of time in which to take an action required by this rule,
				  for good cause shown. The request for extension shall include a specific date
				  by which the moving party proposes to take the action for which an extension is
				  being requested. The moving party shall send notice of its request for an
				  extension to the Attorney General, Commission Staff and the parties to the
				  utilitys most recent general rate proceeding.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 531 - DISCLOSURE OF ELECTRIC RATES BY FUNCTION IN CUSTOMER BILLS › Section 17.9.531.16 - RESIDENTIAL BILL FORMAT

Current through Register Vol. 35, No. 13, July 16, 2024
This Section illustrates the difference between the format
				  for a residential bill prior to the effective date of this rule and a sample
				  format that would satisfy the requirements of this rule. Both the formats and
				  the dollar figures used are for illustrative purposes only. The examples are
				  not intended to reflect actual bills and do not include all possible charges,
				  such as gross receipts taxes.
A.
Format prior to this rule.
Customer Charge $ 9.00
Energy Charge 500kWh @ $0.08/kWh $40.00
Fuel & Purchased Power Cost 500kWh @ $0.0003/kWh $
				  0.15
Total Charges $49.15
B.
Sample format under this
				rule.
Customer Charge $ 9.00
Energy Charge
Generation $0.045/kWh
Transmission $0.010/kWh
Distribution $0.025/kWh
Total Energy Charge 500kWh @ $0.080/kWh $40.00
Fuel & Purchased Power 500kWh @ $0.0003/kWh $ 0.15
Total Charges $49.15
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 531 - DISCLOSURE OF ELECTRIC RATES BY FUNCTION IN CUSTOMER BILLS › Section 17.9.531.17 - COMMERCIAL OR INDUSTRIAL BILL FORMAT

Current through Register Vol. 35, No. 13, July 16, 2024
This Section illustrates the difference between the format
				  for a commercial or industrial bill prior to the effective date of this rule
				  and the format to be used under the rule. Both the formats and the dollar
				  figures used are for illustrative purposes only. The examples are not intended
				  to reflect actual bills and do not include all possible charges, such as gross
				  receipts taxes.
A.
Format prior
				to this rule.
Customer Charge $250.00
Demand Charge 60 kW @ $10.00/K $600.00
Energy Charge 26,280 kWh @ $0.035/kWh $919.80
Total Charges $1,769.80
B.
Sample under this rule.
Customer Charge $250.00
Demand Charge
Generation $ 5.15/kW
Transmission $ 3.60/kW
Distribution $ 1.25/kW
Total Demand Charge 60kW @ $10.00/kW $600.00
Energy Charge
Generation $0.018/kWh
Transmission $0.010/kWh
Distribution $0.007/kWh
Total Energy Charge 26,280 kWh @ $0.035/kWh $919.80
Total Charges $1,769.80
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 540 - PROCEDURES FOR REVIEW OF RATES PROPOSED BY RURAL ELECTRIC COOPERATIVES › Section 17.9.540.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Public Service Commission [New Mexico Public
				  Regulation Commission].
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 540 - PROCEDURES FOR REVIEW OF RATES PROPOSED BY RURAL ELECTRIC COOPERATIVES › Section 17.9.540.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except as
				provided in Subsection B all rural electric cooperatives organized under the
				Rural Electric Cooperative Act, hereinafter referred to sometimes as "coops,"
				shall comply with the provisions of NMPSC Rule 540 [17.9.540 NMAC] when
				proposing a new rate or rates. NMPSC Rules 110.39 through 110.41 [17.1.2.53
				NMAC] relating to applications for change of rates shall not be
				applicable.
B. The provisions of
				NMPSC Rules 540.1 through 540.10 [17.9.540.1 through 17.9.540.15 NMAC] shall
				not affect the Commission's regulation of the sale, furnishing, or delivery by
				wholesale suppliers of electricity to coops under NMSA 1978, Section
				62-6-4
				B et seq. NMPSC Rule 540.11 [17.9.540.16 NMAC] shall apply to each rural
				electric cooperative regardless of the law under which it is organized or
				whether or not it is a wholesale supplier of electricity.
C. The provisions of NMPSC Rule 540 [17.9.540
				NMAC] do not apply to new coop rules as the term "rules" is used in NMPSC Rule
				210 [17.1.210 NMAC].
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 540 - PROCEDURES FOR REVIEW OF RATES PROPOSED BY RURAL ELECTRIC COOPERATIVES › Section 17.9.540.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMPSC Rule 540 [17.9.540 NMAC] is adopted under the authority
				  vested in this Commission by the Public Utility Act, NMSA 1978, Section
				  62-3-1 et.
				  seq.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 540 - PROCEDURES FOR REVIEW OF RATES PROPOSED BY RURAL ELECTRIC COOPERATIVES › Section 17.9.540.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of NMPSC Rule 540 [17.9.540 NMAC] is to carry out
				  the explicit legislative intent of Laws 1985, Chapter 176, which amended NMSA
				  1978, Section
				  62-3-2
				  and Section
				  62-8-7, to limit
				  governmental regulation of rate setting by rural electric cooperatives (whose
				  members have direct control over rates through an elected board) to the maximum
				  extent consistent with retaining oversight by the Commission.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 540 - PROCEDURES FOR REVIEW OF RATES PROPOSED BY RURAL ELECTRIC COOPERATIVES › Section 17.9.540.8 - TABLE OF CONTENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Purpose [17.9.540.6 NMAC]
B.
				Authority [17.9.540.3 NMAC]
C.
				Applicability [17.9.540.2 NMAC]
D.
				Filings by Coops Proposing a New Rate or Rates [17.9.540.9 NMAC]
E. Protests by Coop Members [17.9.540.10
				NMAC]
F. Form and Filing of Protest
				[17.9.540.11 NMAC]
G. Commission
				Procedure Upon Receipt of a Protest [17.9.540.12 NMAC]
H. Notice to Customers Prior to Filing of
				Proposed Rates [17.9.540.13 NMAC]
I. Review and Hearing of Proposed Rates
				[17.9.540.14 NMAC]
J. Status of
				Protestant During Proceeding [17.9.540.15 NMAC]
K. Debt Cost Adjustment Clause [17.9.540.16
				NMAC]
L. Effective Date
				[17.9.540.17 NMAC]
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 540 - PROCEDURES FOR REVIEW OF RATES PROPOSED BY RURAL ELECTRIC COOPERATIVES › Section 17.9.540.9 - FILINGS BY COOPS PROPOSING A NEW RATE OF RATES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A coop which has complied with NMPSC Rule
				540.8 [17.9.540.13 NMAC] below shall file with the Commission a schedule
				proposing a new rate or rates together with an affidavit describing how the
				notice required by NMPSC Rule 540.8 [17.9.540.13 NMAC] has been made, to which
				affidavit is annexed a copy of the notice. The filing shall be in accordance
				with NMPSC Rule 210 [17.1.210 NMAC] except that NMPSC Rule 210.14 [Subsection C
				of 17.9.210.10 NMAC] (entitled "Additional Information as to Effect of Proposed
				Rates") and NMPSC Rule 210.13(b) [Paragraph 2 of Subsection B of 17.9.210.10
				NMAC] (relating to filing of testimony) thereof shall not be applicable. The
				filing shall become effective:
(1) on the date
				set forth in the Advice Notice, that date being no less than thirty (30) days
				after such filing;
(2) on any date
				the coop subsequently agrees to;
(3) on the day following the entry of an
				order by the Commission determining that just cause does not exist for
				reviewing the proposed rate or rates pursuant to NMPSC Rule 540.7(c)
				[Subsection C of 17.9.540.12 NMAC]; or
(4) if the Commission determines there is
				just cause for review pursuant to NMPSC Rule 540.7 [17.9.540.12 NMAC], in
				accordance with subsections C and D of NMSA 1978, Section
				62-8-7.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 540 - PROCEDURES FOR REVIEW OF RATES PROPOSED BY RURAL ELECTRIC COOPERATIVES › Section 17.9.540.10 - PROTESTS BY COOP MEMBERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				member of the coop may protest the proposed rate or rates by filing a protest
				in accordance with the requirements of NMPSC Rule 540.6 [17.9.540.11 NMAC] upon
				the filing of the schedule proposing the new rate or rates. Protests must be
				filed no later than twenty (20) days after the coop files the schedule. The
				term "member" herein shall mean each incorporator of a coop and each person
				admitted to and retaining membership therein and shall include a husband and
				wife admitted to a joint membership.
B. In order to determine whether just cause
				may exist for review pursuant to NMPSC Rule 540.7 [17.9.540.12 NMAC], the
				Commission will ordinarily consider among other matters whether a protestant
				has exhausted remedies within the coop or the coop has unreasonably rejected
				the protestant's objections to the new rate or rates. Therefore, a member
				should present his objections to the coop in writing and allow the coop a
				reasonable period to attempt a resolution of or otherwise respond to those
				objections. A period of seven (7) days after receipt of written objections will
				be deemed reasonable for the coop to provide a written response to the member,
				but a written response is not required if such time period extends beyond the
				date specified in Subsection A. above. The Commission expects the coop and its
				member to make a good faith effort to resolve the member's objections to the
				proposed rate or rates during that period of time.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 540 - PROCEDURES FOR REVIEW OF RATES PROPOSED BY RURAL ELECTRIC COOPERATIVES › Section 17.9.540.11 - FORM AND FILING OF PROTEST

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Contents of Protest: Protests to the Commission must be in writing and shall be
				signed by the member or members submitting the protest or by their attorney.
				All protests shall contain the following:
(1)
				the name, mailing address, and phone number of each member protesting the
				proposed rate or rates, and the name, mailing address, and phone number of each
				member's attorney, if any;
(2) the
				name of the coop proposing the rate or rates and identification of the proposed
				rate or rates being protested;
(3)
				a clear and concise statement of the effect of the proposed rate or rates on
				the protestant;
(4) a clear and
				concise statement of the specific grounds upon which the protestant believes
				the proposed rate or rates are unjust, unreasonable, or otherwise
				unlawful;
(5) a brief description
				of the member's efforts to resolve his objections directly with the coop;
				and
(6) a clear and concise
				statement of the relief the protestant seeks from the Commission.
(7) All protests shall show the caption of
				the proceeding and the docket number and shall be titled "Protest." Whenever
				possible, protests shall be typed and double-spaced, shall be on paper 8 1/2
				inches wide and 11 inches long, and fastened only on the left side.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 540 - PROCEDURES FOR REVIEW OF RATES PROPOSED BY RURAL ELECTRIC COOPERATIVES › Section 17.9.540.12 - COMMISSION PROCEDURE UPON RECEIPT OF A PROTEST

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon receipt of a protest which is in
				substantial compliance with these procedural rules the Commission shall
				determine whether or not there is just cause for reviewing the proposed rate or
				rates on one or more of the grounds of the protest.
B. The Commission or the presiding officer in
				the cause may notice a pre-hearing conference in order to obtain further
				information from either the protestant or the coop in aid of the just cause
				determination.
C. If the Commission
				determines that just cause does not exist for reviewing the proposed rate or
				rates or that all protests have been withdrawn by the protestants, the
				Commission shall enter an order so stating and providing the basis for such
				determination. The Commission shall serve the order on the protestants and to
				the coop.
D. If a determination is
				made that there is just cause for review the Commission or presiding officer
				shall issue an order noticing the proposed rate or rates for hearing and
				stating the issue or issues to be heard. Either this order or subsequent orders
				shall prescribe:
(1) the manner of any further
				notice to ratepayers or the public, the cost of which shall be borne by the
				coop;
(2) a deadline for the filing
				of motions to intervene under the intervention provisions of NMPSC Rule 110
				[17.1.2 NMAC];
(3) directions to
				the parties and, to the extent the Commission or presiding officer may deem
				helpful, to the Commission Staff to file written testimony and exhibits;
				and
(4) the time and place of the
				hearing.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 540 - PROCEDURES FOR REVIEW OF RATES PROPOSED BY RURAL ELECTRIC COOPERATIVES › Section 17.9.540.14 - REVIEW AND HEARING OF PROPOSED RATES

Current through Register Vol. 35, No. 13, July 16, 2024
Any proceeding to review a coop's proposed rate or rates
				  under NMPSC Rule 540.7(d) [Subsection D of
				  17.9.540.12
				  NMAC] shall be conducted in accordance with the Public Utility Act and NMPSC
				  Rules 110.1 through 110.29 and NMPSC Rules 110.56 through 110.142
				  [17.1.2.7 NMAC through
				  17.1.2.12 NMAC and 17.1.2.26 NMAC through 17.1.2.40 NMAC].
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 540 - PROCEDURES FOR REVIEW OF RATES PROPOSED BY RURAL ELECTRIC COOPERATIVES › Section 17.9.540.15 - STATUS OF PROTESTANT DURING PROCEEDING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Unless the Commission or presiding officer
				directs otherwise the protestant or protestants who filed the protest shall be
				deemed parties to any proceeding to review the proposed rate or rates
				protested. Said protestants shall have the same status as intervenors and any
				reference to intervenors during the proceeding shall be deemed to include such
				protestants unless otherwise noted. These protestants need not file motions to
				intervene otherwise required by NMPSC Rule 110 [17.1.2 NMAC].
B. If more than one member filed the protest
				the Commission or the presiding officer may, to expedite the proceeding and
				avoid duplication, give intervenor status to fewer than all of the protestants
				and grant other intervenor status only upon a showing that their intervention
				will not be duplicative and will not unduly delay the proceeding.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 540 - PROCEDURES FOR REVIEW OF RATES PROPOSED BY RURAL ELECTRIC COOPERATIVES › Section 17.9.540.16 - DEBT COST ADJUSTMENT CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				A coop's schedule of rates proposed pursuant to NMPSC Rule 540 [17.9.540 NMAC]
				may provide for the flow-through to customers of increases and decreases in the
				cost of debt capital incurred pursuant to securities, the issuance of which has
				been approved by the Commission, above or below debt cost utilized to establish
				the rates.
B. Unless the coop
				obtains the approval of the Commission or presiding officer for a different
				methodology, the clause in a rate containing such an adjustment shall provide
				at a minimum for the following:
(1) the Base
				Cost shall be the cost of Commission authorized debt capital as of the end of
				the test period upon which the rates were established, as annualized;
(2) the applicable debt cost expense shall be
				determined every calendar quarter by adding the actual changes in the Base Cost
				to or, as the case may be, subtracting these changes from the actual cost of
				new debt under securities approved by the Commission and incurred after the end
				of the period used to determine the Base Cost;
(3) a demand allocation factor shall be
				determined for each class of customers (the demand allocation factor shall be
				that upon which the cooperative's current rates were established but may be
				adjusted by the cooperative with prior approval of the Commission Executive
				Director on the basis of a more recent cost of service study or known and
				measurable changes); and
(4) the
				Debt Cost Adjustment amount to be allocated to each class of customers for the
				next succeeding calendar quarter shall be the result of multiplying items (2)
				and (3) above. The distribution of the Debt Cost Adjustment amount among the
				customers within each class may be on the basis of projected kilowatt demand or
				projected kilowatt-hour sales, as the coop elects to designate in its schedule
				of rates.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 540 - PROCEDURES FOR REVIEW OF RATES PROPOSED BY RURAL ELECTRIC COOPERATIVES › Section 17.9.540.17 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
NMPSC Rule 540 [17.9.540 NMAC] shall be effective for all
				  filings made after the date of adoption of former General Order No. 46 and
				  compliance thereof with the State Rules Act, NMSA 1978, Section
				  14-4-1 et
				  seq. For all previous filings Interim General Order No. 46, adopted July 15,
				  1985, shall remain in effect.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 540 - PROCEDURES FOR REVIEW OF RATES PROPOSED BY RURAL ELECTRIC COOPERATIVES › Section 17.9.540.18 - HISTORY

Current through Register Vol. 35, No. 13, July 16, 2024
NMPSC Case No. 2086, order dated June 30, 1988, unless
				  otherwise noted. Formerly NMPSC General Order No. 46, superseded for purposes
				  of rule reorganization and codification.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 550 - FUEL AND PURCHASED POWER COST ADJUSTMENT CLAUSES FOR ELECTRIC UTILITIES › Section 17.9.550.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
NMPSC Rule 550, 17.9.550 NMAC shall apply to every electric
				  utility and generation and transmission cooperative operating within the state
				  of New Mexico and which is subject to the jurisdiction of the commission as
				  provided by law.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 550 - FUEL AND PURCHASED POWER COST ADJUSTMENT CLAUSES FOR ELECTRIC UTILITIES › Section 17.9.550.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  62-3-1,
				  62-3-2,
				  62-6-4,
				  62-8-1,
				  62-8-3 and
				  62-8-7(E) and (F), NMSA 1978.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 550 - FUEL AND PURCHASED POWER COST ADJUSTMENT CLAUSES FOR ELECTRIC UTILITIES › Section 17.9.550.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 30, 2010, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 550 - FUEL AND PURCHASED POWER COST ADJUSTMENT CLAUSES FOR ELECTRIC UTILITIES › Section 17.9.550.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to:
A. provide for adequate regulatory review of
				a utility's operations under a fuel and purchased power cost adjustment clause
				("FPPCAC");
B. provide for the
				stability of utility earnings when electric fuel costs and purchased power
				costs are rising and permit prompt credits to customers when electric fuel
				costs and purchased power costs are declining; and
C. assure that utilities collect through the
				FPPCAC the amount actually expended for fuel and purchased power
				costs;
D. the objective of a FPPCAC
				is to flow through to the users of electricity the increases or decreases in
				applicable fuel and purchased power expense per kilowatt-hour of delivered
				energy above or below a base fuel and purchased power expense.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 550 - FUEL AND PURCHASED POWER COST ADJUSTMENT CLAUSES FOR ELECTRIC UTILITIES › Section 17.9.550.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise specified, the following definitions will
				  apply:
A.
account
				(number)
means such account as defined and in current use by the federal
				energy regulatory commission;
B.
annual report
means the report filed annually that summarizes and
				verifies all actual fuel and purchased power revenues and expenses during the
				twelve (12) months ended December 31 of each year; the annual report shall be
				verified under oath by an officer of the utility;
C.
applicable fuel and purchased power
				expense
means the fuel and/or purchased power expense that is to be
				collected through the FPPCAC in accordance with a utility's commission-approved
				methodology and forms;
D.
applicable kWh sales
means the kilowatt-hour ("kWh") sales
				associated with the applicable fuel and purchased power expense;
E.
balancing account
means the
				difference between the increased or decreased fuel and purchased power expenses
				in the second month preceding the current month and the actual fuel and
				purchased power cost adjustment revenue billed in the current month; the
				balancing account may also include other components granted by a 17.9.550 NMAC
				variance;
F.
base fuel and
				purchased power expense
means the cost of fuel and purchased power upon
				which the applicable rate schedule was based stated on a dollars per kWh
				basis;
G.
billing
				month
or
effective month
means the month during which the
				FPPCAC factor is applied to customers' bills;
H.
current month
means the most
				recent month for which actual fuel and purchased power volumes and costs and
				kWh sales data are available;
I.
fuel and purchased power cost adjustment clause
or
FPPCAC
means that clause in a rate schedule that contains the
				parameters under which the fuel and purchased power cost adjustment factor is
				determined for customer monthly billing;
J.
fuel and purchased power cost
				adjustment factor
or
factor
means the monthly dollars per
				kWh charge to be applied to customers' bills, and which represents the amount
				of increase or decrease in dollars per kWh to be added to or deducted from each
				bill; for monthly adjustable factors, the factor is the increased or decreased
				fuel and purchased power expense stated on a dollars per kWh basis by dividing
				the current month's increased or decreased fuel and purchased power expenses by
				the applicable kWh sales as set forth under 17.9.550.12 NMAC;
K.
increased or decreased fuel and
				purchased power expense
means the difference between the applicable fuel
				and purchased power expense and the base fuel and purchased power expense
				during the current month.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 550 - FUEL AND PURCHASED POWER COST ADJUSTMENT CLAUSES FOR ELECTRIC UTILITIES › Section 17.9.550.8 - VARIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
Applications for a variance shall:
A. describe with particularity the reasons
				which prompted the filing of the variance application;
B. set out the effect of complying with
				17.9.550 NMAC on the utility and its customers as a result of the
				condition;
C. identify the
				section(s) of 17.9.550 NMAC from which the variance is requested;
D. describe the result which the request will
				have if granted;
E. state how the
				variance will achieve the purposes of 17.9.550 NMAC as stated in 17.9.550.6
				NMAC;
F. state why the proposed
				variance is a reasonable alternative to the requirements of this
				rule.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 550 - FUEL AND PURCHASED POWER COST ADJUSTMENT CLAUSES FOR ELECTRIC UTILITIES › Section 17.9.550.9 - SERVICE OF APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A utility filing an application for an initial or continued
				  FPPCAC, or a variance, shall, contemporaneously with such filing, mail copies
				  of such application by first class mail to the attorney general and the
				  intervenors in the utility's most recent rate case.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 550 - FUEL AND PURCHASED POWER COST ADJUSTMENT CLAUSES FOR ELECTRIC UTILITIES › Section 17.9.550.10 - HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Unless otherwise
				ordered by the commission, formal hearings will not be held prior to the
				effective date of any factor adjustment made in accordance with the provisions
				of 17.9.550 NMAC. The commission may, upon its own motion or upon the filing of
				a complaint, and after notice to the utility, public, attorney general, and
				intervenors of record in the utility's last filed rate case, suspend any
				adjustment pending hearing. However, the commission may allow the factor in
				effect immediately preceding the period in which the suspended adjustment
				otherwise would have become effective, to remain in effect, subject to refund
				or surcharge, during the interim time period in which an adjustment is
				suspended pending hearing. In the event that a suspended adjustment ultimately
				is approved, in whole or in part, following a hearing, interest charges
				computed at the statutory rate established under NMSA 1978, Section
				62-13-13, or
				any amendment to it, and computed for the period commencing with the date the
				suspended adjustment actually becomes effective, shall, as provided by the
				commission, be added to the calculation resulting from the approved
				adjustment.
B. The matters which
				the commission might notice for hearing may include but are not limited to:
(1) any unusual or substantial increases in
				the cost for fuel and purchased power;
(2) the development of any dispute over the
				interpretation of contracts or laws concerning the pricing of any significant
				amount of power supply;
(3) any new
				or amended contractual arrangements for provision of services related to power
				supply; and
(4) any other matter
				that the commission determines requires a hearing.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 9 - ELECTRIC SERVICES › Part 550 - FUEL AND PURCHASED POWER COST ADJUSTMENT CLAUSES FOR ELECTRIC UTILITIES › Section 17.9.550.11 - EFFECT OF RULE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule shall in no way relieve any electric utility
				  subject to the jurisdiction of the commission of any of its duties prescribed
				  under the laws of New Mexico or the tariff regulations, orders and rules of the
				  commission.