reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 3 - UTILITIES FINANCIAL ACCOUNTING AND REPORTING-GENERAL PROVISIONS › Part 580 - COST OVERRUN › Section 17.3.580.13 - POWERS OF COMMISSION NOT LIMITED

Current through Register Vol. 35, No. 13, July 16, 2024
Nothing contained herein shall be construed to limit the
				  Commission in its powers, duties, or authority under the Public Utility Act
				  other than requiring specific determinations regarding the prudence of cost
				  overruns pursuant to NMPSC Rules 580.7 and 580.8 [17.3.580.11 and 12 NMAC] as a
				  condition precedent to rate recovery of such cost overruns. In particular
				  nothing contained herein shall be construed to bind the Commission to any
				  particular ratemaking methodology or to diminish the Commission's authority to
				  review the prudence of all costs incurred by a utility, including the
				  certificated estimated cost of plant. All material provisions of the Public
				  Utility Act shall apply to implementation of NMPSC Rule 580 [17.3.580
				  NMAC].
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 3 - UTILITIES FINANCIAL ACCOUNTING AND REPORTING-GENERAL PROVISIONS › Part 580 - COST OVERRUN › Section 17.3.580.14 - OTHER DUTIES OF UTILITY NOT AFFECTED

Current through Register Vol. 35, No. 13, July 16, 2024
Nothing contained herein shall be construed to relieve a
				  utility of any of its duties under the laws of the state.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 3 - UTILITIES FINANCIAL ACCOUNTING AND REPORTING-GENERAL PROVISIONS › Part 580 - COST OVERRUN › Section 17.3.580.15 - RELATIONSHIP TO OTHER COMMISSION RULES

Current through Register Vol. 35, No. 13, July 16, 2024
NMPSC Rule 580 [17.3.580 NMAC] does not supersede any other
				  rule of the Commission but is to be construed as a supplement to such rules,
				  including, but not limited to, NMPSC Rules 110, 210, 310, and 530 [17.1.2 NMAC,
				  17.1.210 NMAC, 17.3.310 NMAC and 17.9.530 NMAC].
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 3 - UTILITIES FINANCIAL ACCOUNTING AND REPORTING-GENERAL PROVISIONS › Part 580 - COST OVERRUN › Section 17.3.580.16 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any part or application of NMPSC Rule 580 [17.3.580 NMAC]
				  is held invalid, the remainder of its application shall not be
				  affected.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 3 - UTILITIES FINANCIAL ACCOUNTING AND REPORTING-GENERAL PROVISIONS › Part 580 - COST OVERRUN › Section 17.3.580.17 - 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. 49, superseded for purposes
				  of rule reorganization and codification.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 3 - UTILITIES FINANCIAL ACCOUNTING AND REPORTING-GENERAL PROVISIONS › Part 610 - UNIFORM SYSTEMS OF ACCOUNTS AND ANNUAL REPORT FORMS › Section 17.3.610.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Public Regulation Commission.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 3 - UTILITIES FINANCIAL ACCOUNTING AND REPORTING-GENERAL PROVISIONS › Part 610 - UNIFORM SYSTEMS OF ACCOUNTS AND ANNUAL REPORT FORMS › Section 17.3.610.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  8-8-4 and
				  8-8-15 NMSA1978 of the Public
				  Regulation Commission Act; and Sections
				  61-8-1 to
				  62-8-13 NMSA 1978, Duties and
				  Restrictions Imposed Upon Public Utilities.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 3 - UTILITIES FINANCIAL ACCOUNTING AND REPORTING-GENERAL PROVISIONS › Part 610 - UNIFORM SYSTEMS OF ACCOUNTS AND ANNUAL REPORT FORMS › Section 17.3.610.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 27, 2022 unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 3 - UTILITIES FINANCIAL ACCOUNTING AND REPORTING-GENERAL PROVISIONS › Part 610 - UNIFORM SYSTEMS OF ACCOUNTS AND ANNUAL REPORT FORMS › Section 17.3.610.8 - TABLE OF CONTENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Classification of gas utilities -
				17.3.610.9 NMAC.
B. Uniform system of accounts and annual
				report forms for class A and class B utilities -
				17.3.610.10 NMAC.
C. Uniform system of accounts and annual
				report forms for class C utilities -
				17.3.610.11 NMAC.
D. Uniform system of accounts and annual
				report forms for class D and class E utilities -
				17.3.610.12 NMAC.
E. Effect of adoption of uniform systems of
				accounts -
				17.3.610.13 NMAC.
F. Annual reporting -
				17.3.610.14 NMAC.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 3 - UTILITIES FINANCIAL ACCOUNTING AND REPORTING-GENERAL PROVISIONS › Part 610 - UNIFORM SYSTEMS OF ACCOUNTS AND ANNUAL REPORT FORMS › Section 17.3.610.9 - CLASSIFICATION OF GAS UTILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Gas public utilities are classified in accordance with their
				  annual operating revenues as follows:
CLASS
ANNUAL OPERATING REVENUES OF
A
$2,500,000 or more.
B
$1,000,000 or more, but less than
								$2,500,000.
C
$150,000 or more, but less than $1,000,000.
D
$25,000 or more, but less than $150,000.
E
less than $25,000.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 3 - UTILITIES FINANCIAL ACCOUNTING AND REPORTING-GENERAL PROVISIONS › Part 610 - UNIFORM SYSTEMS OF ACCOUNTS AND ANNUAL REPORT FORMS › Section 17.3.610.10 - UNIFORM SYSTEM OF ACCOUNTS AND ANNUAL REPORT FORMS FOR CLASS A AND CLASS B UTILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Class A and class B gas public utilities as defined in
				  17.3.610.9 NMAC shall keep their
				  books and records in compliance with the uniform system of accounts for natural
				  gas companies (class A and class B), effective January 1, 1961, prescribed by
				  the FPC with subsequent revisions by FERC, and shall use the current form of
				  annual report for natural gas companies (class A and class B) prescribed by
				  FERC; provided that any class A or class B gas public utility may at its option
				  keep its books and records in compliance with the uniform system of accounts
				  for class A and class B gas utilities, 1958, adopted by NARUC at its annual
				  convention in 1958.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 3 - UTILITIES FINANCIAL ACCOUNTING AND REPORTING-GENERAL PROVISIONS › Part 610 - UNIFORM SYSTEMS OF ACCOUNTS AND ANNUAL REPORT FORMS › Section 17.3.610.11 - UNIFORM SYSTEM OF ACCOUNTS AND ANNUAL REPORT FORMS FOR CLASS C UTILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Class C and class D gas public utilities as defined in
				  17.3.610.9 NMAC shall keep their
				  books and records in compliance with the uniform system of accounts for natural
				  gas companies (class C), effective January 1, 1961, prescribed by the FPC with
				  subsequent revisions by FERC, and shall use the current form of annual report
				  for natural gas companies (classes C and D) prescribed by FERC; provided that
				  any class C gas public utility may at its option keep its books and records in
				  compliance with the uniform system of accounts for class C gas utilities, 1958,
				  adopted by NARUC at its annual convention in 1958.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 3 - UTILITIES FINANCIAL ACCOUNTING AND REPORTING-GENERAL PROVISIONS › Part 610 - UNIFORM SYSTEMS OF ACCOUNTS AND ANNUAL REPORT FORMS › Section 17.3.610.12 - UNIFORM SYSTEM OF ACCOUNTS AND ANNUAL REPORT FORMS FOR CLASS D AND CLASS E UTILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Class D and class E gas public utilities as defined in
				  17.3.610.9 NMAC shall keep their
				  books and records in compliance with the uniform system of accounts for natural
				  gas companies (class D), effective January 1, 1961, prescribed by the FPC with
				  subsequent revisions by FERC, and shall use the form of annual report provided
				  by the commission; provided that any class D or class E gas public utility may
				  at its option keep its books and records in compliance with the uniform system
				  of accounts for class D gas utilities, 1958, adopted by NARUC at its annual
				  convention in 1958.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 3 - UTILITIES FINANCIAL ACCOUNTING AND REPORTING-GENERAL PROVISIONS › Part 610 - UNIFORM SYSTEMS OF ACCOUNTS AND ANNUAL REPORT FORMS › Section 17.3.610.13 - EFFECT OF ADOPTION OF UNIFORM SYSTEMS OF ACCOUNTS

Current through Register Vol. 35, No. 13, July 16, 2024
The adoption of the respective uniform systems of accounts by
				  17.3.610 NMAC shall not be construed as approval or acceptance of any item
				  recorded pursuant to the system of accounts on the books of any utility for the
				  purpose of fixing rates or determining other matters before the commission. The
				  systems of accounts are designed to record the facts of the operations of all
				  gas utilities in a uniform manner. When engaged in fixing rates or passing upon
				  other matters before it the commission will determine what consideration shall
				  be given to various items recorded in the several accounts.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 3 - UTILITIES FINANCIAL ACCOUNTING AND REPORTING-GENERAL PROVISIONS › Part 610 - UNIFORM SYSTEMS OF ACCOUNTS AND ANNUAL REPORT FORMS › Section 17.3.610.14 - ANNUAL REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each
				utility affected by 17.3.610 NMAC shall report to the commission annually for
				each calendar year not later than April 30 of the following year upon forms
				provided by the commission. Attached to this report shall be SEC form 10K, if
				applicable, and 17.3.610 NMAC form 1 regarding jurisdictional customer numbers.
				Each utility shall retain one copy of the report in its files.
B. Each utility affected by 17.3.610 NMAC
				shall provide a detailed report annually for each calendar year not later than
				April 30 of the following year setting forth and listing its compliance or
				failure to comply with each part of the commission's final order in each of the
				cases decided that the utility has a requirement of compliance ordered in the
				preceding five years or since the utility's last general rate case order,
				whichever period is longer.
C. The
				staff of the utility division will review the annual reports for compliance and
				will, in writing, request additional information from the utility if required.
				Staff will summarize the annual reports and the division director of the
				utility division will provide a written report to the commission on or before
				July 1 of the report year.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 4 - UTILITY RIGHTS OF WAY AND EASEMENTS › Part 2 - REQUIREMENTS FOR OCCUPANCY OF STATE HIGHWAY SYSTEM RIGHT-OF-WAY BY UTILITY FACILITIES › Section 17.4.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State Highway and Transportation Department, P.O.
				  Box 1149, Santa Fe, New Mexico 87504-1149, (505) 827-5357,
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 4 - UTILITY RIGHTS OF WAY AND EASEMENTS › Part 2 - REQUIREMENTS FOR OCCUPANCY OF STATE HIGHWAY SYSTEM RIGHT-OF-WAY BY UTILITY FACILITIES › Section 17.4.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This utility accommodation policy shall apply to all
				  publicly, privately, cooperatively, municipally or governmentally owned
				  facilities used for the carriage, transmission or distribution of electric
				  power, telephone, telecommunications, telegraph, water, gas, oil, petroleum
				  products, steam, chemicals, sewage, drainage, irrigation and similar lines,
				  that are to be accommodated, adjusted or relocated within the right-of-way of
				  highways, roads or streets under the jurisdiction of the New Mexico State
				  Highway and Transportation Department.
A. This utility accommodation policy is
				provided for the regulation of the location, design and methods for installing,
				adjusting or relocating, accommodating and maintaining physical utility
				facilities on highway rights-of-way.
B. Where laws or orders of public authority
				or industry codes prescribe a higher degree of protection or construction than
				provided by this utility accommodation policy, such laws, orders or codes shall
				prevail.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 4 - UTILITY RIGHTS OF WAY AND EASEMENTS › Part 2 - REQUIREMENTS FOR OCCUPANCY OF STATE HIGHWAY SYSTEM RIGHT-OF-WAY BY UTILITY FACILITIES › Section 17.4.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Sections
				  62-1-2,
				  67-3-12,
				  67-8-15,
				  67-8-1,
				  67-8-17,
				  67-8-18,
				  67-8-19,
				  67-8-20,
				  67-8-21,
				  67-8-22.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 4 - UTILITY RIGHTS OF WAY AND EASEMENTS › Part 2 - REQUIREMENTS FOR OCCUPANCY OF STATE HIGHWAY SYSTEM RIGHT-OF-WAY BY UTILITY FACILITIES › Section 17.4.2.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 4 - UTILITY RIGHTS OF WAY AND EASEMENTS › Part 2 - REQUIREMENTS FOR OCCUPANCY OF STATE HIGHWAY SYSTEM RIGHT-OF-WAY BY UTILITY FACILITIES › Section 17.4.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 15, 1996, 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 4 - UTILITY RIGHTS OF WAY AND EASEMENTS › Part 2 - REQUIREMENTS FOR OCCUPANCY OF STATE HIGHWAY SYSTEM RIGHT-OF-WAY BY UTILITY FACILITIES › Section 17.4.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To prescribe conditions under which utility facilities may be
				  accommodated on all public highway right-of-way under the jurisdiction of the
				  New Mexico State Highway and Transportation Department improved by State or
				  Federal funds and to set forth the regulations covering the relocation of
				  utility facilities in conflict with the construction of highways. The principle
				  objectives of these regulations are to achieve maximum public use of such
				  right-of-way, consistent with the laws of New Mexico and to insure that utility
				  relocations on highway construction projects are accomplished in accordance
				  with New Mexico Statutes, Regulations and Federal Codes. These regulations
				  shall also provide for maximum public safety, maintenance of the roadways, and
				  should minimize future conflicts between the public highway systems of New
				  Mexico and utilities serving the general public in this
				  State.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 4 - UTILITY RIGHTS OF WAY AND EASEMENTS › Part 2 - REQUIREMENTS FOR OCCUPANCY OF STATE HIGHWAY SYSTEM RIGHT-OF-WAY BY UTILITY FACILITIES › Section 17.4.2.8 - ORGANIZATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The Railroads
				and Utilities Section of the New Mexico State Highway and Transportation
				Department is managed by the Railroads and Utilities Section Manager who is
				directly responsible to the Right-of-Way Bureau Chief, and is a part of the
				Engineering Design Division, headed by the Division Director. The Section
				Manager is responsible for the direction of all work undertaken by the
				Railroads and Utilities Section, and for the supervision of the various
				Railroad and Utility Relocation Agents and other personnel who may be assigned
				to perform designated functions of the Section.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 4 - UTILITY RIGHTS OF WAY AND EASEMENTS › Part 2 - REQUIREMENTS FOR OCCUPANCY OF STATE HIGHWAY SYSTEM RIGHT-OF-WAY BY UTILITY FACILITIES › Section 17.4.2.9 - FUNCTION

Current through Register Vol. 35, No. 13, July 16, 2024
The Railroads and Utilities Section is responsible for the
				  coordination and functional control pertaining to all aspects of public utility
				  and railroad related construction considerations, accommodations and
				  installations affecting the New Mexico State Highway and Transportation
				  Department. These functions include, but are not limited to:
A. The relocation of utilities and railroad
				facilities in conflict with the construction of highway projects.
B. The control of utility occupation of
				public highway right-of-way, including utility permits, coordination,
				regulation and central administration.
C. General liaison with public and private
				utilities and railroad companies.
D. Assist other New Mexico State Highway and
				Transportation Department functionaries concerning matters pertaining to the
				administration of utility company occupation of public right-of-way, utility
				and railroad relocations on construction projects, and other matters relative
				to railroad safety.
E. Coordinate,
				develop and administer the Railroad Safety Program.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 4 - UTILITY RIGHTS OF WAY AND EASEMENTS › Part 2 - REQUIREMENTS FOR OCCUPANCY OF STATE HIGHWAY SYSTEM RIGHT-OF-WAY BY UTILITY FACILITIES › Section 17.4.2.10 - GENERAL POLICY

Current through Register Vol. 35, No. 13, July 16, 2024
It is the general policy of the Department to accord
				  utilities certain legal rights pertaining to the occupation of public
				  right-of-way as outlined below:
A. It
				is in the public interest for utilities to be accommodated within the public
				right-of-way of highways and, under limited conditions, within access
				controlled freeways, including interstates under the jurisdiction of the New
				Mexico State Highway and Transportation Department when such use does not
				adversely affect the highway features, aesthetic quality, public use, or safety
				of the traveling public. NMSA 1978, Section
				67-8-15.
B. Public utilities have the power of eminent
				domain, which gives them a quasi-public status. In addition, a public utility
				operating in New Mexico has a legal right to install its facilities within
				highway right-of-way, subject to the regulations of this Department. Public
				utility facilities are not right-of-way encroachments, nor may they be treated
				as such. Therefore, the administrative intent of the Railroads and Utilities
				Section is to provide reasonable, efficient and economic solutions to conflicts
				between the requirements of highway design, construction operations and safety
				and the location of public utility facilities. Railroads and Utilities Section
				Agents, Technicians and other assigned personnel should engage in constant
				liaison with utilities and railroads, to ensure that the communication and
				interrelations with them are an on-going function of their work
				performance.
C. The location or the
				relocation of public utility facilities within existing New Mexico public
				highway right-of-way, or right-of-way to be acquired for highway construction
				purposes, shall be governed by all applicable State laws, rules and
				regulations, Federal Codes and the Department policy set forth
				herein.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 4 - UTILITY RIGHTS OF WAY AND EASEMENTS › Part 2 - REQUIREMENTS FOR OCCUPANCY OF STATE HIGHWAY SYSTEM RIGHT-OF-WAY BY UTILITY FACILITIES › Section 17.4.2.11 - UTILITY ACCOMMODATION POLICY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Application:
This utility
				accommodation policy shall apply to all publicly, privately, cooperatively,
				municipally, or governmentally owned facilities used for the carriage,
				transmission or distribution of electric power, communication facilities,
				water, gas, oil, petroleum products, steam, chemicals, sewage, drainage,
				irrigation and similar items, that are to be accommodated or relocated within
				the rights of way of highways, roads or streets under the jurisdiction of the
				New Mexico State Highway and Transportation Department.
(1) This utility accommodation policy is
				provided to regulate the location, design and methods for installing,
				accommodating and maintaining physical utility facilities within public highway
				rights-of-way. This Section provides for the continuation of past regulations,
				State law and modifies and adds new regulations where necessary to comply with
				new State Laws and/or Federal Codes pertaining to the accommodation and
				relocation of utilities on State and Federal Aid Projects. The accommodation
				policy does not address the financial responsibility for replacing right-of-way
				or relocating the facilities of utilities in conflict with planned highway
				construction. The reimbursement policy of this Department is set forth in
				Section 19 [now 17.4.2.19 NMAC] of this manual.
(2) When laws or orders of public authority
				or industry codes prescribe a higher degree of protection for utility facility
				construction than provided for in the accommodation procedures set forth in
				this regulation, such laws, orders, or codes shall prevail.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 4 - UTILITY RIGHTS OF WAY AND EASEMENTS › Part 2 - REQUIREMENTS FOR OCCUPANCY OF STATE HIGHWAY SYSTEM RIGHT-OF-WAY BY UTILITY FACILITIES › Section 17.4.2.16 - CLEAR ROADSIDE POLICY

Current through Register Vol. 35, No. 13, July 16, 2024
The Department discourages the installation or relocation of
				  any utility facilities within the designated clear zones of highways in this
				  state. However, if severe space limitation precludes any other viable option,
				  consideration will be given when the public need for utility services and
				  access to properties adjacent to highways or streets is evaluated.
A.
Specific installation
				guidelines:
Utilities may be permitted to install facilities within the
				clear zones of highways in this state if the installation design:
(1) Is approved by the Engineer, District
				Engineer, District Traffic Engineer, or the Traffic Design Engineer of this
				Department.
(2) Provides for the
				installation of the utility facilities, including all supporting appurtenances,
				below the ground surface of the clear zone area involved.
(3) Provides for the protection of the above
				ground utility facility by the installation of an intervening barrier or
				barriers, crash cushions, impact attenuators or longitudinal barriers approved
				for the use as per the current Roadside Design Guide.
(4) Protects errant vehicles from collision
				with utility poles, luminaire standards or masts, or any other above ground
				structures supported by poles, by the incorporation of break-away features in
				the structure design. Break-away features may include a hinge design, slip
				plate design, slotted fuse plate design, frangible coupling design and other
				accepted designs. The utility owner must comply with the design standards set
				forth in the AASHTO designs and specifications when accepted by the Traffic
				Design Engineer, or District Traffic Engineer.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 4 - UTILITY RIGHTS OF WAY AND EASEMENTS › Part 2 - REQUIREMENTS FOR OCCUPANCY OF STATE HIGHWAY SYSTEM RIGHT-OF-WAY BY UTILITY FACILITIES › Section 17.4.2.21 - UTILITY RELOCATION ESTIMATES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Developing and recording
				costs:
It shall be necessary to develop a cost estimate for the utility
				relocation engineering and construction. All reimbursable utility relocations
				shall be in sufficient detail to permit analysis and evaluation of all
				anticipated costs and all such costs shall be recorded by means of work orders
				in accordance with an approved work order system except when another method of
				developing and recording costs, such as a lump-sum agreement, has been approved
				by the Department and the FHWA.
(1) Each
				utility shall keep its work order system or other approved accounting procedure
				in such a manner as to show the nature of each additions to or retirement from
				the facility, the total costs thereof, and the source of cost. As a minimum,
				each utility shall conform to the requirements of the Federal Aid Policy Guide
				on federal aid projects and/or to the Department's Estimate/Billing
				Guide.
(2) In the event there are
				changes in the scope of the reimbursable utility work covered by the approved
				Agreement, plans and estimate, state and/or federal reimbursement shall be
				limited to costs covered by a modification of the Agreement, a written change
				order or extra work order approved by the Department, FHWA or both.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 4 - UTILITY RIGHTS OF WAY AND EASEMENTS › Part 2 - REQUIREMENTS FOR OCCUPANCY OF STATE HIGHWAY SYSTEM RIGHT-OF-WAY BY UTILITY FACILITIES › Section 17.4.2.22 - RIGHT-OF-WAY DISPOSITION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Replacement right-of-way:
The Department and/or the FHWA may approve the
				acquisition of replacement right-of-way if the utility has the right of
				occupancy in its existing location because it holds the fee, an easement or
				other real property interest, and the damaging or taking is compensable in
				eminent domain, and is necessary to meet the requirements of the highway
				project. Such replacement right-of-way shall only be allowed where no change to
				the project for the utility's existing right-of-way, being transferred to the
				Department for highway purposes, is made.
(1)
				Any replacement right-of-way being paid for with state and/or federal funds
				shall be evaluated as to fair market value by a qualified and licensed New
				Mexico Real Estate Appraiser. A written evaluation/appraisal shall be
				accomplished and approved by the Department prior to acquisition.
(2) Acquisition of replacement right-of-way
				by the Department on behalf of the utility may be accomplished when it can be
				demonstrated by the utility that it is not staffed to accomplish the
				acquisition or consultant services are prohibitively expensive or unavailable.
				Acquisition by the Department should coincide with other Department acquisition
				functions, if at all possible, and shall be approved by the Right-of-Way Bureau
				Chief.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 4 - UTILITY RIGHTS OF WAY AND EASEMENTS › Part 2 - REQUIREMENTS FOR OCCUPANCY OF STATE HIGHWAY SYSTEM RIGHT-OF-WAY BY UTILITY FACILITIES › Section 17.4.2.25 - BILLING AND AUDIT REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Payment to utilities shall be made only w hen the billings
				  conform to State and Federal requirements, and are in sufficient detail so that
				  each element is clear and its cast understood. Billings received prior to the
				  appropriate authorization letter or that are inadequate or inaccurate shall be
				  returned with appropriate correspondence to the utility.
A. Billings may be submitted on a progressive
				basis, but shall only include actual costs incurred; billings shall be
				identified as "first partial," "second partial," "final," etc. In all cases,
				billings shall be certified by the utility's auditor or person directly
				responsible for its accuracy.
B. It
				shall be the responsibility of the utility to ensure that final billings are
				submitted for payment within ninety (90) days of completion of the utility
				relocation work. Failure to submit billings within the ninety (90) day period
				may result in a penalty being assessed against the utility for five hundred
				dollars ($500.00) for amounts due the utility of twenty-five thousand dollars
				($25,000.00) or less, and two and one-half percent (2.5%) for amounts due the
				utility that exceed twenty-five thousand ($25,000.00).
C. Any reimbursable amounts for utility work
				that remains outstanding (unpaid) for a period of one year from the date of
				completion of utility relocation work shall be forfeited by the utility. In
				such a situation, the Department will disencumber the funds previously
				authorized for reimbursement and such funds may revert to the state road
				fund.
D. When the utility performs
				reimbursable utility work, all utility records and accounts relating to the
				specific highway project are subject to audit by representatives of the State
				of New Mexico and the Federal Government for a period of three (3) years from
				the date of final payment. It shall also be the Department's prerogative to
				audit billings prior to reimbursement.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 4 - UTILITY RIGHTS OF WAY AND EASEMENTS › Part 2 - REQUIREMENTS FOR OCCUPANCY OF STATE HIGHWAY SYSTEM RIGHT-OF-WAY BY UTILITY FACILITIES › Section 17.4.2.26 - RESOLUTION OF DISPUTES

Current through Register Vol. 35, No. 13, July 16, 2024
Disputes between the Department and utility owners regarding
				  reimbursement eligibility, replacement right-of-way, utility/highway
				  construction operations and other issues may develop. Most disputes are
				  generally resolved at administrative levels, by staff more directly involved in
				  the day to day operations of highway/railroads/utilities functions. Therefore,
				  dispute resolutions shall begin with official notification to the Railroads and
				  Utilities Section Manager. If a dispute is not resolved at the Railroad and
				  Utility Section Manager level, the utility shall submit a request for hearing
				  within thirty (30) days of the Manager's decision. Within a reasonable time,
				  taking into consideration the nature of the dispute, a hearing shall be
				  scheduled by the Department and a hearing officer appointed to conduct the
				  hearing. The hearing officer's decision shall be final and the findings and
				  orders shall be documented and made available to the appropriate parties. Any
				  party aggrieved by any order may appeal to the District Court of Santa Fe
				  County for a review pursuant to NMSA 1978, Section
				  67-8-19, as
				  amended. A dispute involving eligibility for reimbursement or the amount of
				  such reimbursement shall not be grounds for a delay in making an ordered
				  relocation. The utility must suffer the relocation as ordered, pending the
				  resolution of the dispute.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 4 - UTILITY RIGHTS OF WAY AND EASEMENTS › Part 2 - REQUIREMENTS FOR OCCUPANCY OF STATE HIGHWAY SYSTEM RIGHT-OF-WAY BY UTILITY FACILITIES › Section 17.4.2.27 - WAIVERS FOR THE PUBLIC GOOD

Current through Register Vol. 35, No. 13, July 16, 2024
The Secretary of the Department, at his/her discretion, may
				  waive any regulation herein, if such waiver will not violate any State Statute
				  or Federal Regulation, and it has been determined to be for the public good.
				  The Secretary shall appoint a three member committee, one member which must be
				  from the Department's Office of General Counsel, to consider the waiver and
				  prepare an appropriate justification.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 5 - UTILITY INTERCONNECTIVITY AND COOPERATIVE AGREEMENTS › Part 410 - RESIDENTIAL CUSTOMER SERVICE BY GAS, ELECTRIC AND RURAL ELECTRIC COOPERATIVE UTILITIES › Section 17.5.410.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Regulation Commission.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 5 - UTILITY INTERCONNECTIVITY AND COOPERATIVE AGREEMENTS › Part 410 - RESIDENTIAL CUSTOMER SERVICE BY GAS, ELECTRIC AND RURAL ELECTRIC COOPERATIVE UTILITIES › Section 17.5.410.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. This rule
				applies to electric, rural electric cooperative and gas utilities subject to
				the jurisdiction of the New Mexico public regulation commission.
B. In case of conflict between provisions of
				this rule and 17.9.560 NMAC or 17.10.650 NMAC, the provisions of this rule
				control.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 5 - UTILITY INTERCONNECTIVITY AND COOPERATIVE AGREEMENTS › Part 410 - RESIDENTIAL CUSTOMER SERVICE BY GAS, ELECTRIC AND RURAL ELECTRIC COOPERATIVE UTILITIES › Section 17.5.410.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Sections
				  8-8-4,
				  8-8-15,
				  27-6-17,
				  27-6-18.1,
				  62-6-4
				  A,
				  62-6-19
				  through
				  62-6-21,
				  62-8-3 and
				  62-8-10.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 5 - UTILITY INTERCONNECTIVITY AND COOPERATIVE AGREEMENTS › Part 410 - RESIDENTIAL CUSTOMER SERVICE BY GAS, ELECTRIC AND RURAL ELECTRIC COOPERATIVE UTILITIES › Section 17.5.410.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2011, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 5 - UTILITY INTERCONNECTIVITY AND COOPERATIVE AGREEMENTS › Part 410 - RESIDENTIAL CUSTOMER SERVICE BY GAS, ELECTRIC AND RURAL ELECTRIC COOPERATIVE UTILITIES › Section 17.5.410.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to establish uniform standards to
				  be followed by electric, gas, and rural electric cooperative utilities in
				  dealing with residential customers, to aid residential customers in obtaining
				  and maintaining essential utility services, to promote safe and adequate
				  service to residential customers, and to establish a basis for determining the
				  reasonableness of such demands as may be made upon utilities by residential
				  customers.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 5 - UTILITY INTERCONNECTIVITY AND COOPERATIVE AGREEMENTS › Part 410 - RESIDENTIAL CUSTOMER SERVICE BY GAS, ELECTRIC AND RURAL ELECTRIC COOPERATIVE UTILITIES › Section 17.5.410.8 - APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A utility shall
				not unreasonably discriminate against any residential customer. Neither shall a
				utility discriminate against or penalize a residential customer for exercising
				any right granted by 17.5.410 NMAC, nor shall any provision herein be construed
				to relieve any residential customer from liability for proper utility
				charges.
B. A utility may adopt
				such reasonable rules governing its relations with residential customers as are
				necessary and which are not inconsistent with 17.5.410 NMAC and as prescribed
				in 17.1.210 NMAC.
C. Unless
				otherwise specified a utility shall not be required to file new tariffs
				pursuant to 17.5.410 NMAC. To the extent that existing tariffs are inconsistent
				with 17.5.410 NMAC, such tariffs are deemed to be superseded by the
				requirements of 17.5.410 NMAC and all provisions of 17.5.410 NMAC are deemed to
				apply to all utilities as though set forth in applicable tariffs unless the
				differences between the tariffs and 17.5.410 NMAC are permitted pursuant to an
				exemption or variance requested under 17.5.410.9 NMAC and granted by the
				commission.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 5 - UTILITY INTERCONNECTIVITY AND COOPERATIVE AGREEMENTS › Part 410 - RESIDENTIAL CUSTOMER SERVICE BY GAS, ELECTRIC AND RURAL ELECTRIC COOPERATIVE UTILITIES › Section 17.5.410.9 - EXEMPTION AND VARIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Exemption.
If unreasonable hardship with no reasonable alternative to a
				utility or to a residential customer results from the application of any
				provision of 17.5.410 NMAC, application may be made to the commission for
				temporary or permanent exemption from its requirements.
B.
Variances.
A utility may
				file a written application with the commission seeking a variance from all or
				part of 17.5.410 NMAC for good cause shown, except that no variances shall be
				allowed from the provisions of 17.5.410.30 NMAC. Each variance request shall
				include an explanation for the requested variance together with an alternate
				proposal designed to achieve the purpose of the rule to be waived and to be
				implemented for application to the condition(s) requiring the
				variance.
C.
Stay pending
				application for exemption or variance.
An application for an exemption
				or a variance shall stay the application of 17.5.410 NMAC to the utility
				applying for the exemption or variance as it relates to the matter on which an
				exemption or a variance is sought for a period of twenty (20) days. Within that
				time frame the commission may for good cause shown extend the period of the
				stay.
D.
Notice of
				application for exemption or variance.
A utility filing an application
				for an exemption or a variance with the commission 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.
E.
Exemption or variance
				hearings.
The commission may schedule a hearing on any proposed
				exemption or variance.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 5 - UTILITY INTERCONNECTIVITY AND COOPERATIVE AGREEMENTS › Part 410 - RESIDENTIAL CUSTOMER SERVICE BY GAS, ELECTRIC AND RURAL ELECTRIC COOPERATIVE UTILITIES › Section 17.5.410.10 - RENDITION OF BILLS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				utility shall render a bill to every residential customer for each billing
				period in accordance with applicable tariffs and the requirements and options
				of 17.5.410 NMAC.
B. A utility may
				either bill all of its residential customers on the same day of each billing
				period or bill its residential customers on a billing cycle. If a utility
				significantly alters a billing cycle, notice shall promptly be given to the
				affected residential customer(s).
C. When billing for concurrent service at a
				residence the usage and charge attributable to each such service shall be
				clearly set forth on the bill. Utility service to multiple locations billed to
				a single residential customer shall be stated separately for each
				location.
D. Upon approval of an
				experimental rate by the commission a utility shall give full written
				disclosure of such rate to the affected residential customer prior to
				implementing such rate, and the utility shall advise its residential customers
				of the financial impact of such rate based on typical patterns of
				usage.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 5 - UTILITY INTERCONNECTIVITY AND COOPERATIVE AGREEMENTS › Part 410 - RESIDENTIAL CUSTOMER SERVICE BY GAS, ELECTRIC AND RURAL ELECTRIC COOPERATIVE UTILITIES › Section 17.5.410.11 - BUDGET PAYMENT PLANS

Current through Register Vol. 35, No. 13, July 16, 2024
A utility shall offer a budget payment plan to its
				  residential customers. Such plans must be approved by the commission and must
				  contain the following provisions at a minimum.
A. The budget payment plan shall provide the
				residential customer with a method of levelizing the bill for utility service.
				It shall be designed to avoid the accumulation of an unpaid balance which will
				be burdensome to pay in a single payment.
B. The budget payment plan shall be available
				to any residential customer who is then either current in payments for utility
				service or who has entered into and is complying with a settlement agreement or
				an installment agreement at any time during the year, without regard to the
				residential customer's length of service with the utility. Should a chronically
				delinquent residential customer fail to pay the amount specified in the budget
				payment plan, the utility may remove that residential customer from the plan
				and withhold the plan from that residential customer for up to twelve (12)
				succeeding months. A utility may also petition the commission for an order
				permitting it to offer its budget payment plan at specified times only or for
				less than a prospective twelve (12) month period upon a showing by the utility
				that offering such a plan at and for times specified in 17.5.410 NMAC will
				result in an undue financial burden to the utility.
C. In determining one (1) year's budget
				payment plan the computation shall be specific to each residential customer. If
				the residential customer has been served by the utility at the same location
				for the previous year, the budgeted payment should be based on the residential
				customer's actual use for the previous year and may be adjusted for known price
				changes, bill averages and normalized weather conditions. If the residential
				customer has not been served by the utility during the previous year at that
				location, the budgeted payment should be based on the actual use at that
				location for the previous year and may be adjusted for known price changes,
				bill averages and normalized weather conditions, as applied to the residential
				class of customers or similar residences.
D. The specific methodology of the plan shall
				be approved by the commission and shall be nondiscriminatory.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 5 - UTILITY INTERCONNECTIVITY AND COOPERATIVE AGREEMENTS › Part 410 - RESIDENTIAL CUSTOMER SERVICE BY GAS, ELECTRIC AND RURAL ELECTRIC COOPERATIVE UTILITIES › Section 17.5.410.12 - CONTENTS OF BILLS

Current through Register Vol. 35, No. 13, July 16, 2024
Bills for utility service shall include:
A. the beginning and ending meter reading
				dates or the number of days in the billing cycle and the date of the ending
				meter reading;
B. clear and
				conspicuous language identifying the bill as an estimated bill, if the bill has
				been estimated;
C. the number and
				kind of units metered;
D. any
				conversions from meter reading units to billing units;
E. any multiplier constants used to determine
				billing;
F. the date the bill is
				due;
G. any previous
				balance;
H. an identification of
				the applicable rate tariff;
I. the
				amount due for electric or gas usage;
J. the amount due for special
				services;
K. the total amount
				due;
L. gross receipts taxes and
				any other taxes or fees, if not a part of the base rate;
M. the automatic adjustment clauses approved
				by the commission in total and in cost per unit basis, as applicable;
N. contact information of the utility
				designating where the residential customer may initiate an inquiry or complaint
				regarding the bill as rendered or the service provided;
O. if the residential customer is on a budget
				payment plan, a statement of:
(1) the actual
				charges for service incurred for the current billing period;
(2) the budgeted amount due; and
(3) the actual balance of total services
				rendered.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 5 - UTILITY INTERCONNECTIVITY AND COOPERATIVE AGREEMENTS › Part 410 - RESIDENTIAL CUSTOMER SERVICE BY GAS, ELECTRIC AND RURAL ELECTRIC COOPERATIVE UTILITIES › Section 17.5.410.13 - PAYMENT STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				residential customer shall be given at least twenty (20) calendar days from the
				date of rendition of a bill for payment in full before the bill is deemed
				delinquent.
B. A residential
				customer shall be given at least fifteen (15) calendar days from the date the
				bill is deemed delinquent before a utility may disconnect utility service,
				pursuant to the requirements of 17.5.410.31 through 17.5.410.35 NMAC.
C. If the last day for payment of a bill
				falls on a Saturday, Sunday, legal holiday, or other day when the offices of
				the utility which regularly receive payments are not open to the general
				public, the due date shall be extended to the next business day.
D. Receipt by a utility of a payment at the
				utility's address shall be deemed received by the utility on that date. If
				payment is made on the utility's website or at a third-party payment location
				authorized by the utility, the payment shall be deemed received within two
				business days of the payment date. If payment is made through any other
				third-party payment process, the date of payment shall be the date the payment
				is received by the utility from the third party. If the residential customer
				making payment has received a disconnect notice and provides verification of
				the payment to the utility prior to disconnection, the utility shall stop
				disconnection activities and shall not disconnect the residential customer
				without providing a subsequent final notice.
E. Any monies received by a utility from a
				residential customer in excess of the amount of a bill owing shall be credited
				immediately. Any monies received by a utility from a residential customer that
				exceed the amount billed by twenty five-dollars ($25) or more shall be refunded
				upon request.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 5 - UTILITY INTERCONNECTIVITY AND COOPERATIVE AGREEMENTS › Part 410 - RESIDENTIAL CUSTOMER SERVICE BY GAS, ELECTRIC AND RURAL ELECTRIC COOPERATIVE UTILITIES › Section 17.5.410.14 - FINANCE, SERVICE, CARRYING, PENALTY AND SPECIAL SERVICE CHARGES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Unless otherwise
				approved by the commission a utility shall not assess a finance, service,
				carrying, or penalty charge to a residential customer for the reason that any
				utility service balance due and owing upon the bill remains outstanding beyond
				the period of time established for payment.
B. A utility shall not impose on residential
				customers a late fee for unpaid amounts due for utility service that is greater
				than eight percent (8%) on an annual basis.
C. A utility may include charges for special
				services together with utility charges on the same bill if the charges for
				special services are designated clearly and separately from utility charges. If
				partial payment is made the utility shall first credit such payment to any
				arrearage for utility charges.
D. A
				charge for connection or reconnection may not exceed the actual cost involved
				but shall be no less than the minimum allowed in applicable tariffs.