reglab/statecodes huggingface dataset:
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 17.5.410.16 - RESIDENTIAL SECURITY DEPOSITS OR GUARANTEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A utility may not require a security
				deposit or other guarantee of payment as a condition of new or continued
				service to a residential customer except in the case of service:
(1) to a residential customer who has not
				previously had utility service with the utility and who has not established an
				acceptable credit rating;
(2) to a
				residential customer who has on three or more occasions, within a 12-month
				period, received a final notice;
(3) as a condition for reconnection of
				service following discontinuance of service by the utility; and
(4) to a residential customer who in an
				unauthorized manner has interfered with or diverted the service of the utility
				situated on or about or delivered to the residential customer's
				premises.
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 17.5.410.17 - METHODS TO ESTABLISH ACCEPTABLE CREDIT RATING

Current through Register Vol. 35, No. 13, July 16, 2024
A. In determining whether a residential
				customer who has not previously had utility service with the utility has an
				acceptable credit rating, a utility shall consider the following:
(1) documentation that the residential
				customer owns or is purchasing the residence served;
(2) documentation that the residential
				customer has an adequate income;
(3) documentation that the residential
				customer has an adequate credit reference from a utility where the residential
				customer had prior utility service;
(4) documentation obtained by the utility
				from a commercial credit source; or
(5) any other reasonable
				documentation.
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 17.5.410.18 - AMOUNTS OF AND ACCOUNTING FOR SECURITY DEPOSITS

Current through Register Vol. 35, No. 13, July 16, 2024
Any deposit policy shall be as set forth in the utility's
				  tariff on file with the commission pursuant to 17.1.210 NMAC, but shall conform
				  to the following provisions.
A. A
				deposit for a residential customer shall not exceed an amount equivalent to one
				sixth (1/6) of that residential customer's estimated annual billings. A utility
				shall base its billing estimates for purposes of calculating a deposit upon the
				most recent available prior 12-month corresponding period at the same service
				location; or, if there is not a comparable period of service at the same
				service location, the deposit shall be based upon consumption of similar units
				in the same area.
B. Simple
				interest on deposits at a rate not less than the rate required by law shall
				accrue annually to the residential customer's credit for the time the deposit
				is held by the utility. The deposit shall cease to draw interest on the date it
				is returned, on the date service is terminated, or on the date the refund is
				sent to the residential customer's last known address.
C. Each residential customer who posts a
				security deposit shall receive in writing at the time of tender of deposit or
				with the first bill a receipt as evidence thereof. The receipt shall contain
				the following minimum information:
(1) name of
				residential customer;
(2) date of
				payment;
(3) amount of payment;
				and
(4) statement of the terms and
				conditions governing the payment, retention, interest, and return of
				deposits.
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 17.5.410.19 - REFUND OF DEPOSITS, TERMINATION OF GUARANTEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any residential customer who has not been
				chronically delinquent for the twelve-month period from the date of deposit or
				guarantee shall promptly receive a credit or refund in the amount of the
				deposit together with accrued interest due or shall be permitted to terminate
				any guarantee. If the amount of the deposit exceeds the amount of the current
				bill, the residential customer may request a refund in the amount of the excess
				if such excess exceeds twenty five dollars ($25). If the residential customer
				fails to qualify for a refund of the deposit on the first anniversary date of
				the deposit, that account shall be reviewed at least annually, and the amount
				of the deposit shall be credited if the residential customer has not been
				chronically delinquent during the preceding twelve (12) months. A residential
				customer may request a refund at any time after twelve (12) months payment
				history, which refund shall promptly be paid if the residential customer has
				not been chronically delinquent during the prior twelve-month (12) period, or a
				utility may pay such refund in the absence of a request within a reasonable
				period of time.
B. Unclaimed
				deposits shall be handled as provided by law.
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 17.5.410.20 - RECORD OF DEPOSITS

Current through Register Vol. 35, No. 13, July 16, 2024
A utility shall keep records of deposits and issue receipts
				  of deposits in accordance with the requirements of Paragraphs (5), (7), (8) and
				  (9) of Subsection B of
				  17.9.560.12
				  NMAC and Paragraphs (5), (7), (8) and (9) of Subsection B of
				  17.10.650.11
				  NMAC.
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 17.5.410.21 - INTERNAL UTILITY COMPLAINT PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A utility shall establish internal procedures pursuant to
				  17.1.210 NMAC for the prompt, efficient, and thorough receipt, investigation,
				  and, where possible, resolution of all residential customer inquiries,
				  disputes, service requests, and complaints regarding residential utility
				  service and charges. Such internal procedures shall provide that:
A. a utility shall be prepared at all times
				during normal business hours to receive all residential customer inquiries,
				disputes, service requests, and complaints;
B. a utility shall have qualified personnel
				available and prepared to respond to all residential customer inquiries,
				disputes, service requests, and complaints at all reasonable times during
				normal business hours;
C. a utility
				shall make reasonable arrangements for residential customers unable to
				communicate in the English language to receive assistance;
D. a utility shall provide qualified and
				authorized utility personnel at reasonable times during normal business hours
				to negotiate settlement agreements and installment agreements on behalf of the
				utility; and
E. a utility shall
				provide qualified personnel or other reasonable means at all times to receive
				and initiate responses to customer contacts regarding any emergency condition
				involving utility services.
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 17.5.410.22 - TESTING OF UTILITY METERS

Current through Register Vol. 35, No. 13, July 16, 2024
A residential customer may request the testing of a utility
				  meter pursuant to Subsection A of
				  17.9.560.14
				  NMAC and Paragraph (4) of Subsection A of
				  17.10.650.13
				  NMAC or NMSA 1978, Section
				  62-6-22.
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 17.5.410.23 - PUBLIC NOTICE OF RESIDENTIAL CUSTOMER RIGHTS

Current through Register Vol. 35, No. 13, July 16, 2024
The utility shall prepare in both Spanish and English
				  information subject to commission approval which in layman's terms summarizes
				  the rights and responsibilities of the utility and its residential customers in
				  accordance with 17.5.410 NMAC. This information shall be displayed prominently
				  by the utility and shall be available to the general public. The utility shall
				  advise new residential customers of the availability of such information upon
				  commencement of utility service and shall advise its existing residential
				  customers of such availability on an annual basis. The information shall state
				  that it is being provided in accordance with 17.5.410 NMAC and shall contain
				  information concerning, but not limited to:
A. billing procedures, including estimated
				billing, budget payment plans, installment agreements, and third-party
				notification programs;
B. methods
				for residential customer verification of billing accuracy;
C. a description of the operation of
				applicable rate tariffs, automatic adjustment clauses, and cost of service
				indexing;
D. residential customer
				payment requirements and procedures;
E. security deposit and guarantee
				requirements;
F. special
				consideration in determining deposits and installment agreements for
				residential and prospective residential customers who meet the qualifications
				of LIHEAP;
G. procedures relating
				to discontinuance and reconnection of service;
H. the utility's inquiry, dispute, service
				request, and complaint procedures;
I. an explanation of meter reading procedures
				which would enable a residential customer to read his or her own
				meter;
J. a procedure whereby a
				residential customer may avoid discontinuance of service during an extended
				period of absence;
K. procedures
				for filing a complaint with the commission;
L. the utility's policy concerning
				discontinuance of service to those whose lives or health may be endangered by
				discontinuance;
M. the names and
				addresses of state and local governmental agencies which have programs
				available to assist eligible persons with payment of their utility
				bills;
N. winter moratorium
				protection; and
O. a statement that
				members of New Mexico tribes or pueblos who need help with translation or with
				other matters may contact the director of the commission's consumer relations
				division at (888) 427-5772, who will contact the appropriate tribal or pueblo
				official for assistance.
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 17.5.410.24 - NOTICE, AVAILABILITY AND PUBLIC ACCESS TO SCHEDULES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A utility shall keep on file and provide
				public access to a copy of 17.5.410 NMAC and its current applicable residential
				rates, rules, and regulations and shall maintain up-to-date maps, plans, or
				records of its entire transmission and distribution systems with such other
				information as may be necessary to enable the utility to advise prospective
				residential customers as to facilities for serving any locality. Suitable signs
				shall be posted conspicuously in public areas at utility offices calling to the
				public's attention that this information is available for inspection.
B. Unless otherwise directed by the
				commission a utility shall notify its affected residential customers of any
				change in its tariffs which have been suspended 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 17.5.410.25 - ASSISTANCE TO CUSTOMERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				utility shall assist the residential customer or prospective residential
				customer in selecting an appropriate rate tariff and furnish such additional
				information concerning that tariff as the residential customer may reasonably
				request.
B. A utility shall
				maintain residential customer records which contain details of all bills and
				correspondence sent to or received from the residential customer and evidence
				of all payments, deposits, guarantees, or other monies received from the
				residential customer.
C. Copies of
				residential customer records shall be furnished to that residential customer
				upon request.
D. Copies of a
				residential customer's records relevant to a matter in dispute, or for good
				cause shown, shall be furnished to any person authorized in writing by the
				residential customer to receive such records.
E. The utility shall correct any nondisputed
				mistakes in a residential customer's payment history that are brought to its
				attention.
F. A utility shall
				maintain records which contain the number of:
(1) disputes that require further action by
				the utility beyond the initial contact related to billing and
				services;
(2) settlement agreements
				made by the utility;
(3)
				discontinuance of service notices sent to residential customers;
(4) discontinuances of service and the number
				of reconnections for non-payment;
(5) security deposits collected, number
				credited or refunded, number of guarantees received and number
				terminated;
(6) residential
				customers with installment agreements;
(7) residential customers with budget payment
				plans;
(8) estimated
				bills;
(9) medical certifications
				received before and after discontinuance of service pursuant to 17.5.410
				NMAC;
(10) times beyond twelve (12)
				hours after receipt of a medical certification before each reconnection of
				service was accomplished; and
(11)
				residential customers within whose households resides a disabled, elderly, or
				other person who may suffer injury or death if utility service is discontinued
				to the extent that the utility has actual knowledge of the
				conditions.
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 17.5.410.26 - REPORTS TO COMMISSION

Current through Register Vol. 35, No. 13, July 16, 2024
Upon commission request the utility shall provide information
				  required by Subsection F of
				  17.5.410.25
				  NMAC to the commission within ten (10) business days or other time period
				  agreed to 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 17.5.410.27 - LINE EXTENSIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Upon a residential customer's request for a line extension a
				  utility shall:
A. provide the
				residential customer with a copy of the utility's line extension policy and
				explain the content of such policy;
B. establish a reasonable time not exceeding
				thirty (30) days after the residential customer has complied with all
				reasonable utility requirements for the delivery to the residential customer of
				the utility's estimate for the line extension;
C. complete construction of the line
				extension within sixty (60) days after the residential customer signs the
				utility's line extension agreement and after the utility has secured all
				applicable permits, rights-of-way, materials, and labor necessary for the line
				extension, and the utility has completed all other applicable contractual
				obligations; a utility shall be required to exercise due diligence and good
				faith in its efforts to obtain such permits, rights-of-way, materials, labor,
				and contractual compliance; however, the utility shall not be required to
				complete construction of the line extension within this time frame where
force majeure
or hazardous conditions exist;
D. advise the residential customer that if
				the residential customer is not satisfied with the line extension proposal of
				the utility including cost and time of construction, an informal review of the
				proposal may be provided by utility personnel located in the service area of
				the residential customer and authorized to conduct such reviews; such personnel
				shall be in a position to modify such proposal, where appropriate;
E. inform the residential customer in writing
				of how the residential customer's options concerning the type of installation
				of a line extension will affect utility charges based on present rates or rates
				which are the subject of a pending case concerning rates; at a minimum
				comparisons of average annual utility charges for that residential customer
				shall be provided.
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 17.5.410.28 - COST OF LINE EXTENSION

Current through Register Vol. 35, No. 13, July 16, 2024
The amount charged to the residential customer for a line
				  extension shall be based on the estimated total cost to the utility and shall
				  be clearly stated in the written line extension agreement entered into between
				  the utility and the residential customer. The method for collecting the amount
				  charged to the residential customer shall be outlined in applicable tariffs
				  filed with 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 17.5.410.29 - NOTICE OF AVAILABILITY OF ENERGY ASSISTANCE AND WINTER MORATORIUM PROTECTION

Current through Register Vol. 35, No. 13, July 16, 2024
Utilities shall make available to the public information
				  regarding:
A. LIHEAP application
				forms, qualification requirements, application procedures, and locations at
				which residential customers may submit LIHEAP applications; and
B. winter moratorium protection against
				discontinued and disconnected service for residential customers who meet the
				qualifications of LIHEAP, including an explanation of payment options and
				circumstances under which services may be disconnected or
				discontinued.
C.
Required
				notice.
(1)
Required notice
				prior to heating season.
Beginning with the August billing cycle and
				prior to the next heating season, all public natural gas and electric utilities
				subject to the terms of the winter heating season disconnection moratorium law
				shall communicate in writing to all residential customers at least two times
				the following statement on either a bill, in a bill insert or through a direct
				mailing:
(a) "Protection from winter shut-off
				begins November 15, (year). To avoid potential disconnection of services please
				contact the human services department at 800-283-4465, or the appropriate
				tribal or pueblo entity for eligibility information for low income heating
				energy assistance program (LIHEAP). Your service will not be disconnected from
				November 15, (year), through March 15, (year), if you meet the qualifications
				of LIHEAP and have no past due amounts or you remain current on any settlement
				or installment agreement for amounts due as of November 15, (year). Members of
				New Mexico tribes or pueblos who need help with translation or with other
				matters may contact the commission's consumer relations division at (888)
				427-5772, who will contact the appropriate tribal or pueblo official for
				assistance."
(b) Where it is
				technically feasible, the foregoing notice language shall be written in both
				English and Spanish. If not feasible the following statement shall be included
				"Para informacion en espanol llame (phone no.)."
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 17.5.410.30 - WINTER MORATORIUM PROTECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Unless requested by the residential
				customer, no utility shall discontinue or disconnect service to a residential
				customer during heating season for nonpayment of the residential customer's
				utility bill if the utility receives notice that the residential customer meets
				the qualifications of LIHEAP as determined by the administering authority for
				the current heating season and:
(1) the
				residential customer has no past due charges on November 15 of the current
				heating season; or
(2) the
				residential customer has a settlement agreement or an installment agreement
				with the utility for amounts other than those owing from the prior heating
				season, and the residential customer continues to make the agreed-upon payments
				under the settlement or installment agreement.
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 17.5.410.31 - DISCONTINUANCE OF SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				utility may discontinue service to a residential customer without prior notice
				in the event of:
(1) a condition determined
				by the utility to be hazardous;
(2)
				residential customer use of equipment in such manner as to adversely affect the
				utility's equipment or the utility's service to others;
(3) residential customer's tampering with,
				damaging, or deliberately destroying the equipment furnished and owned by the
				utility; or
(4) unauthorized use of
				service provided by the utility.
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 17.5.410.32 - PROHIBITIONS ON DISCONTINUANCE OF SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A utility shall not discontinue service for:
A. the failure of a residential customer to
				pay for special services;
B. the
				failure of a residential customer to pay for service received at a separate
				metering point, residence, or location; however, in the event of discontinuance
				or termination of service at a separate residential metering point, residence,
				or location, a utility may transfer any unpaid balance due to any other
				residential service account of the residential customer and proceed in
				accordance with subsection B of 17.5.410.31 NMAC;
C. the failure of the residential customer to
				pay for a different class of service received at the same or different
				location; however, placing more than one meter at the same location for
				purposes of billing the usage of specific devices under optional rate tariffs
				or provisions is not construed as a different class of service;
D. nonpayment of the disputed amount of a
				bill, as provided by 17.5.410.36 NMAC;
E. delinquency in payment for service to a
				previous occupant of the same premises unless a court has found the new
				residential customer legally liable for the debt of the previous occupant or
				the previous occupant continues to reside at the premises;
F. failure of a residential customer to pay
				the bill of another residential customer as guarantor thereof;
G. failure of a residential customer to pay
				an estimated bill rendered in violation of 17.5.410.15 NMAC;
H. the failure of a residential customer to
				pay for service received during the heating season if the residential customer
				qualifies for winter moratorium protection; or
I. the failure of a residential customer to
				pay for service received if the utility has received a signed medical
				certification form and a financial certification form as provided by this
				rule.
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 17.5.410.33 - REQUIREMENTS PRIOR TO DISCONTINUANCE OF SERVICE PURSUANT TO SUBSECTION B OF 17.5.410.31 NMAC

Current through Register Vol. 35, No. 13, July 16, 2024
Each utility shall file a tariff for its residential customer
				  service that shall include the following minimum standards for discontinuance
				  of utility services with standardized languages as provided below.
A.
Fifteen-day notice.
At least
				fifteen (15) days before a utility discontinues service to a residential
				customer, the utility shall provide written notice to the residential customer
				stating its intent to discontinue service and setting forth the residential
				customer's rights regarding discontinuance of service, budget payment plans,
				and installment agreements. The notice shall be in English and Spanish. The
				notice shall be delivered to the residential customer in person, by U.S. mail,
				postage prepaid, addressed to the last address for the residential customer
				known to the utility, or by electronic mail if a residential customer has
				elected to receive electronic billing.
(1)
				Notwithstanding the provisions of Paragraph (3) of Subsection C of 17.5.410.31
				NMAC a fifteen-day notice shall contain:
(a)
				the title, address, telephone number, and working hours of utility personnel
				responsible for administering the procedures in this section;
(b) a statement that "if the past due balance
				on your account has been paid, please disregard this notice";
(c) a statement that "to avoid disconnection
				we must receive your past due balance of ($__.__) no later than
				(month/day/year), or payment arrangements must be made; please see the enclosed
				notice for more information";
(d) a
				statement in both English and Spanish of
"customers' rights and
				responsibilities"
set forth in 17.5.410.42 NMAC, and a utility can
				choose the method of enclosing the required statement of "customers' right and
				responsibilities".
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 17.5.410.34 - EMERGENCY DISCONTINUANCE OF SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
Notwithstanding any other provision of 17.5.410 NMAC, a
				  utility may temporarily and without notice discontinue residential service for
				  reasons of operation, maintenance, health, safety, or a state of
				  emergency.
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 17.5.410.35 - RESTORATION OF SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
Upon a residential customer's request a utility shall restore
				  service promptly when the cause for discontinuance of service has been
				  eliminated, applicable restoration or reconnection charges paid, and, if
				  required, satisfactory payment arrangements have been made. At all times a
				  reasonable effort shall be made to restore service on the day restoration is
				  requested, and in any event restoration shall be made no later than the next
				  working day following the day on which the cause for discontinuance of service
				  has been eliminated. Provided further that in the event a medical certification
				  and a financial certification contemplated by Paragraph (6) of Subsection C of
				  17.5.410.42
				  NMAC is received, service shall be reestablished within twelve (12) hours of
				  receipt.
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 17.5.410.36 - BILLING DISPUTES; NOTICE BY RESIDENTIAL CUSTOMER; PAYMENT OF UNDISPUTED AMOUNT

Current through Register Vol. 35, No. 13, July 16, 2024
A residential customer may advise a utility by written
				  notice, by telephone, by email, or in person that utility charges are in
				  dispute. If a residential customer disputes the amount of utility charges, the
				  residential customer shall pay the utility an amount equal to that part of the
				  utility charges not in dispute. The amount not in dispute shall be mutually
				  determined by the parties. Failure of a residential customer to pay a utility
				  the nondisputed amount of utility charges shall constitute a waiver of the
				  residential customer's right to continued service.
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 17.5.410.37 - SETTLEMENT OF DISPUTED AMOUNT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				When a utility and a residential customer settle a dispute, the utility and
				residential customer may enter into a settlement agreement to pay the amount of
				the bill. If applicable, any excess amount paid previously by the residential
				customer shall promptly be credited to the residential customer's account, and
				if the amount is in excess of twenty-five dollars ($25) and if so requested by
				the residential customer, the excess amount shall promptly be
				refunded.
B. If the terms of the
				settlement agreement extend beyond forty-five (45) days, it shall be considered
				an installment agreement and shall be subject to the requirements of
				17.5.410.40 NMAC.
C. If a
				residential customer fails to comply with the settlement agreement, a utility
				shall notify the residential customer at least seven (7) days before
				discontinuing service that service will be discontinued.
D. A settlement agreement to pay an
				outstanding past due balance does not relieve the residential customer of the
				obligation to pay future bills on a current basis.
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 17.5.410.38 - ADJUSTMENT OF BILLS

Current through Register Vol. 35, No. 13, July 16, 2024
Bills that are incorrect due to meter or billing errors shall
				  be adjusted in accordance with the requirements of 17.9.560 NMAC and 17.10.650
				  NMAC.
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 17.5.410.39 - FILING COMPLAINT WITH COMMISSION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Notice to customers.
If the
				residential customer and utility are unable to resolve a dispute, the utility
				representative shall:
(1) advise the
				residential customer that if the complaint cannot be resolved to the parties'
				satisfaction, each has a right to file an informal or formal complaint with the
				commission; and
(2) give the
				residential customer the address and telephone number where the residential
				customer may file a complaint with the commission;
(3) if the residential customer is a member
				of a New Mexico tribe or pueblo, the utility shall advise the customer that he
				or she can request help with translation or other assistance by contacting the
				commission's consumer relations division at (888) 427-5772, who will contact
				the appropriate tribal or pueblo official for assistance.
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 17.5.410.40 - INSTALLMENT AGREEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				utility shall attempt to arrange an installment agreement for the payment of
				past due charges when a residential customer who has not been chronically
				delinquent indicates an inability to pay the charges. Service will not be
				discontinued if, on or before the specific date for discontinuance, the
				residential customer enters into an installment agreement with the utility. The
				utility may also maintain a list of organizations in the area that may provide
				assistance to residential customers in paying utility bills and shall notify
				residential customers that application forms for LIHEAP are available upon
				request and at its billing offices. Utilities are encouraged to refer
				low-income assistance inquiries to the administering authority consistent with
				Subsection A of 17.410.41 NMAC.
B.
				A utility is not required to enter into an installment agreement with a
				chronically delinquent residential customer. However, if a chronically
				delinquent residential customer can demonstrate to the utility that the
				residential customer does not have adequate financial resources to pay the
				outstanding bill without participation in an installment agreement because the
				residential customer meets the qualifications of LIHEAP, or is subject to other
				special circumstances, the utility shall give special consideration to such a
				residential customer in determining whether to offer an installment agreement.
				In making such determination, a utility shall accept documentation from the
				administering authority that such residential customer meets the qualifications
				of LIHEAP.
C. Every installment
				agreement shall provide that service will not be discontinued if the
				residential customer pays a reasonable portion of the outstanding bill when
				terms of the installment agreement are reached and agrees to pay the remaining
				outstanding balance in reasonable installments until the bill is paid. For
				purposes of determining reasonableness the parties shall weigh the following:
(1) the size of the outstanding
				balance;
(2) the residential
				customer's ability to pay;
(3) the
				residential customer's payment history;
(4) the time the balance has been
				outstanding;
(5) the reasons why
				the balance has been outstanding;
(6) a six month installment agreement for
				residential customers with significant arrearages; and
(7) any other relevant factors relating to
				the residential customer's service.
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 17.5.410.41 - FAILURE TO COMPLY WITH INSTALLMENT AGREEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. If a residential customer fails to comply
				with an installment agreement, a utility may discontinue service after
				notifying the residential customer by personal delivery of written notice, by
				first class mail or electronic mail, if the residential customer has elected to
				receive electronic billing, that the residential customer is in default of the
				installment agreement.
(1) The notice shall
				be written in simple language in English and Spanish and shall state:
(a) the nature of the default;
(b) the specific date service shall be
				stopped; and
(c) the following
				statements: "if you have difficulty paying this bill, and feel you may qualify
				for assistance in paying your utility bill from the low-income home energy
				assistance program (LIHEAP) or another assistance program in your community,
				contact the human services department at 1-800-283 -4465, the tribal or pueblo
				entity that administers a tribess or pueblo's LIHEAP, or contact the
				residential customer service representative at this utility; application forms
				for LIHEAP are available at the billing offices of this utility, at the human
				services department, and at the tribal or pueblo entity that administers a
				tribe's or pueblo's LIHEAP; application forms should be returned to the human
				services department or the tribe or pueblo entity that administer's a tribe's
				or pueblo's LIHEAP; the human services department and the tribal or pueblo
				entity, and not this utility, administer the program and determine your
				eligibility to receive assistance."
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 5 - UTILITY INTERCONNECTIVITY AND COOPERATIVE AGREEMENTS › Part 440 - EXTENSIONS, SYSTEM IMPROVEMENTS, REPAIRS OR REPLACEMENTS, ADDITIONS, AND COOPERATIVE AGREEMENTS BETWEEN OR AMONG UTILITIES › Section 17.5.440.1 - 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 5 - UTILITY INTERCONNECTIVITY AND COOPERATIVE AGREEMENTS › Part 440 - EXTENSIONS, SYSTEM IMPROVEMENTS, REPAIRS OR REPLACEMENTS, ADDITIONS, AND COOPERATIVE AGREEMENTS BETWEEN OR AMONG UTILITIES › Section 17.5.440.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to investor-owned electric, gas, water, and
				  sewer utilities subject to the jurisdiction of the New Mexico public regulation
				  commission, however, Subparagraph (a) of Paragraph (1) of Subsection A of
				  17.5.440.8 NMAC and Paragraph (3)
				  of Subsection C of
				  17.5.440.8 NMAC shall apply to all
				  electric utilities, and Subparagraph (a) of Paragraph (1) of Subsection A of
				  17.5.440.9 NMAC and Paragraph (2)
				  of Subsection D of
				  17.5.440.9 NMAC shall apply to all
				  gas, water, and sewer utilities, subject to the jurisdiction of the New Mexico
				  public regulation commission.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 5 - UTILITY INTERCONNECTIVITY AND COOPERATIVE AGREEMENTS › Part 440 - EXTENSIONS, SYSTEM IMPROVEMENTS, REPAIRS OR REPLACEMENTS, ADDITIONS, AND COOPERATIVE AGREEMENTS BETWEEN OR AMONG UTILITIES › Section 17.5.440.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Paragraph (10) of Subsection B of Section
				  8-8-4 NMSA 1978 and Section
				  8-8-15 NMSA 1978.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 5 - UTILITY INTERCONNECTIVITY AND COOPERATIVE AGREEMENTS › Part 440 - EXTENSIONS, SYSTEM IMPROVEMENTS, REPAIRS OR REPLACEMENTS, ADDITIONS, AND COOPERATIVE AGREEMENTS BETWEEN OR AMONG UTILITIES › Section 17.5.440.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 5 - UTILITY INTERCONNECTIVITY AND COOPERATIVE AGREEMENTS › Part 440 - EXTENSIONS, SYSTEM IMPROVEMENTS, REPAIRS OR REPLACEMENTS, ADDITIONS, AND COOPERATIVE AGREEMENTS BETWEEN OR AMONG UTILITIES › Section 17.5.440.5 - 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 5 - UTILITY INTERCONNECTIVITY AND COOPERATIVE AGREEMENTS › Part 440 - EXTENSIONS, SYSTEM IMPROVEMENTS, REPAIRS OR REPLACEMENTS, ADDITIONS, AND COOPERATIVE AGREEMENTS BETWEEN OR AMONG UTILITIES › Section 17.5.440.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is intended to provide reporting and filing
				  requirements and guidance for public utilities and utility division
				  staff.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 5 - UTILITY INTERCONNECTIVITY AND COOPERATIVE AGREEMENTS › Part 440 - EXTENSIONS, SYSTEM IMPROVEMENTS, REPAIRS OR REPLACEMENTS, ADDITIONS, AND COOPERATIVE AGREEMENTS BETWEEN OR AMONG UTILITIES › Section 17.5.440.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in this rule:
A.
"repairs or replacements"
means any public utility activity, that is also a capital expenditure, that
				repairs, or replaces with the same or substantially similar, equipment or
				property that has either failed, is in the process of failing, or deteriorated,
				or that is at the end of its useful life, or that is otherwise necessary to
				repair or replace; and
B.
"undertaking"
means the extension, system improvement, repair or
				replacement, or addition for which the public utility is required to report to
				the Commission pursuant to
				17.5.440.8 NMAC and
				17.5.440.9 NMAC.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 5 - UTILITY INTERCONNECTIVITY AND COOPERATIVE AGREEMENTS › Part 440 - EXTENSIONS, SYSTEM IMPROVEMENTS, REPAIRS OR REPLACEMENTS, ADDITIONS, AND COOPERATIVE AGREEMENTS BETWEEN OR AMONG UTILITIES › Section 17.5.440.9 - GAS, WATER, AND SEWER UTILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Report requirements for extensions, system improvements, and additions:
(1) Each public utility shall, prior to
				making any of the following described extensions, system improvements, or
				additions as set forth in Subparagraphs (a) through (d) of
				17.5.440.9 NMAC below, file a
				report with the commission setting forth the character of the undertaking, the
				purpose sought thereby to be accomplished, the means by which that purpose is
				intended to be realized, the estimated costs involved in the employment of
				those means, the data upon which the engineering and economic feasibility of
				the undertaking is based, any reasonable alternatives to the proposed
				undertaking, and, if Subparagraph (a) of
				17.5.440.9 NMAC below is
				applicable, the name or names of the utility or utilities toward which the
				proposed extension is to be made.
(a) Any
				extension of or any change in the routing of any distribution or transmission
				line which will extend to within one-half mile of the facilities of any other
				utility or utilities rendering the same kind of service.
(b) Any extension, system improvement, or
				addition to any transmission or distribution line, plant, facility, or system
				which will have an estimated cost under the uniform system of accounts of
				$200,000 or more on a total company basis and for which the utility intends to
				seek rate recovery from its New Mexico customers, regardless of the location of
				the line, plant, facility, or system.
(c) Any extension or system improvement
				one-half mile or more in length of any transmission or distribution line
				outside of any municipality which involves any changes in routing, pipe size,
				pipe material, or design pressure for gas or water lines.
(d) Any extension of one-half mile or more in
				length within the limits of a municipality where the pressure is in excess of
				400 p.s.i.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 5 - UTILITY INTERCONNECTIVITY AND COOPERATIVE AGREEMENTS › Part 440 - EXTENSIONS, SYSTEM IMPROVEMENTS, REPAIRS OR REPLACEMENTS, ADDITIONS, AND COOPERATIVE AGREEMENTS BETWEEN OR AMONG UTILITIES › Section 17.5.440.10 - ANNUAL REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each public
				utility shall, by March 31 of each calendar year, file a report with the
				commission summarizing:
(1) each of the
				utility's filings pursuant to
				17.5.440.8 NMAC or
				17.5.440.9 NMAC for the prior
				calendar year, as described in Subsection B of
				17.5.440.10 NMAC below;
(2) each of the utility's planned filings
				pursuant to
				17.5.440.8 NMAC or
				17.5.440.9 NMAC for the following
				365-day period, as described in Subsection C of
				17.5.440.10 NMAC below;
				and
(3) the utility's projects from
				the prior calendar year that were not deemed undertakings pursuant to
				Subparagraphs (b) and (c) of Paragraph (1) of Subsection A of
				17.5.440.8 NMAC, and Subparagraph
				(b) of Paragraph (1) of Subsection A of
				17.5.440.9 NMAC, as described in
				Subsection D of
				17.5.440.10 NMAC
				below.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 6 - AFFILIATE TRANSACTIONS › Part 450 - AFFILIATE TRANSACTIONS › Section 17.6.450.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
NMPSC Rule 450 [17.6.450 NMAC] applies to all water,
				  electric, gas, and rural electric cooperative utilities subject to the
				  Commission's jurisdiction.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 6 - AFFILIATE TRANSACTIONS › Part 450 - AFFILIATE TRANSACTIONS › Section 17.6.450.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMPSC Rule 450 [17.6.450 NMAC] is adopted under the authority
				  vested in this Commission by the Public Utility Act, NMSA 1978, Section
				  62-3-1 et
				  seq., and in particular by NMSA 1978, Section
				  62-6-19
				  E.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 6 - AFFILIATE TRANSACTIONS › Part 450 - AFFILIATE TRANSACTIONS › Section 17.6.450.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of NMPSC Rule 450 [17.6.450 NMAC] is to set forth
				  the Commission's policy and requirements concerning Class I and Class II
				  transactions by public utilities under the Commission's jurisdiction. The
				  intent of the Commission in promulgating NMPSC Rule 450 [17.6.450 NMAC] to
				  assure reasonable and proper utility service at fair, just, and reasonable
				  rates; to require reasonable access to the books and records of a utility and
				  its affiliates so that such an assurance can be made; to assure that
				  appropriate cost allocations are made; and to assure that no
				  cross-subsidization occurs between the utility and an affiliated interest. It
				  is not the Commission's purpose or intent to approve, disapprove, or regulate
				  any specific nonutility business or venture conducted by any utility's
				  affiliates.