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 17.5.410.42 - CUSTOMERS' RIGHTS AND RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A statement of customer's rights and responsibilities is
				  required to be enclosed in each 15-day notice of discontinuance of service and
				  served by a utility on a residential customer pursuant to
				  17.5.410.33
				  NMAC. Each statement shall be in both English and Spanish and shall be on file
				  with the commission.
A. Each statement
				shall be entitled in bold letters "your rights and responsibilities regarding
				discontinuance of services".
B.
				Each statement shall be addressed to "Dear (utility name) residential
				customer.
C. Each statement shall
				include:
(1) a statement that "this notice is
				to inform you that your utility payment is past due; your service will be
				disconnected after the date printed on the enclosed bill if payment is not made
				by then; upon request, we can provide outstanding charge information to you
				including the dates of service during which the outstanding charges were
				incurred and the date and amount of the last payment";
(2) a statement that "you can participate in
				a payment plan if you can demonstrate that you do not have the financial
				resources to pay the outstanding amount, or if you are low income or are
				subject to other special circumstances";
(3) a statement in capital letters that "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,
				OR ANOTHER ASSISTANCE PROGRAM IN YOUR COMMUNITY, CONTACT THE COMMUNITY
				ASSISTANCE SECTION OF THE HUMAN SERVICES DEPARTMENT AT 1-800-283 -4465, THE
				TRIBAL OR PUEBLO ENTITY THAT ADMINISTERS A TRIBE'S OR PUEBLO'S LIHEAP, OR THE
				CUSTOMER SERVICE REPRESENTATIVE AT THIS UTILITY";
(4) a statement in capital letters that "LOW
				INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) APPLICATION FORMS FOR THE LOW
				INCOME HOME ENERGY ASSISTANCE PROGRAM 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. YOU SHOULD RETURN THE
				APPLICATION FORMS TO THE HUMAN SERVICES DEPARTMENT OR THE TRIBAL OR PUEBLO
				ENTITY THAT ADMINISTERS THE PROGRAM AND DETERMINES YOUR ELIGIBILITY TO RECEIVE
				ASSISTANCE";
(5) a statement that
				"if you believe that there is an error in your billing, contact us immediately
				for a review; after you pay the undisputed amount of your bill, we will
				postpone disconnection of your service until the dispute is
				resolved";
(6) a statement that "if
				you or someone in your household are seriously or chronically ill, we will not
				disconnect your service, if at least two days before the disconnection date, we
				receive an original of the attached [utility name] medical and financial
				certification forms; the medical certification form must be completed by a
				licensed medical professional; an original of the attached financial
				certification form, stating that you qualify for financial assistance, must be
				completed by an agency providing assistance in or for the state of New
				Mexico;
(7) a statement that "if
				your service has been disconnected, we will restore service within twelve hours
				after you have satisfied the certification requirements above; your obligation
				to pay your bill is not relieved if service is continued or reestablished
				because we receive these certifications";
(8) a statement that "between November 15
				through March 15, if you qualify for low income home energy assistance program
				(LIHEAP), you may be protected from having your services disconnected for
				non-payment; for more information, please call us at (utility telephone
				number)";
(9) a statement in
				capital letter that "TO RESTORE SERVICE THAT HAS BEEN DISCONNECTED, A RECONNECT
				FEE OF $
________
MAY BE CHARGED";
(10) a statement of the utility-specific
				programs, if any;
(11) a statement
				that "we can put you in touch with other organizations in your community that
				might be able to help you; if you have a relative, friend, or agency that will
				assist in paying your bills, and you want us to notify them when disconnect
				notices are sent, contact us";
(12)
				a statement that "(utility budget bill program name) can help even out your
				payments throughout the year; you still pay for all of the energy you use; you
				can cancel your participation at any time; upon cancellation, all amounts are
				due and become payable within 30 days; any credits will be applied to your
				account";
(13) a statement "see
				your bill for your local (utility name) payment office location; or, contact us
				for third-party and other pay locations nearest you";
(14) a statement "to contact us, call us at
				(utility phone number) from (utility hours) (utility days); holiday hours vary
				or, go to (utility web site)";
(15)
				a statement "if you are not satisfied with the arrangements that we provide,
				you have the right to file a complaint with the NMPRC, 1120 Paseo de Peralta,
				Santa Fe, NM 87501; telephone 505-827-6940 or 1-888-4 ASK PRC or 1-888-427
				-5772"; and
(16) a statement that
				"special consideration will be given to a residential customer who meets the
				qualifications of LIHEAP, or has other special circumstances, in determining
				deposits and installment agreements; in making such determination, a utility
				shall accept documentation from the administering authority that such
				residential customer meets the qualifications of LIHEAP."