reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 750 - MINIMUM STANDARDS FOR DESIGN, CONSTRUCTION, AND OPERATION OF WATER UTILITIES › Section 17.12.750.11 - WATER SUPPLY

Current through Register Vol. 35, No. 13, July 16, 2024
Water Supply Requirements: Each utility shall furnish and
				  maintain sufficient facilities to provide a continuous and adequate supply of
				  water. The total supply system capacity shall meet the daily design maximum
				  peak demand and shall meet the design average-day demand with the largest pump
				  or well out of service. Unless other acceptable provisions are made, a minimum
				  of two (2) supply sources shall be provided.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 750 - MINIMUM STANDARDS FOR DESIGN, CONSTRUCTION, AND OPERATION OF WATER UTILITIES › Section 17.12.750.12 - PRESSURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Pressure
				Required: Under normal conditions of use including the expected peak demands,
				water pressure at the customer's meter shall be not less than 30 p.s.i.g. nor
				more than 125 p.s.i.g.
B. Main
				Sizing: As new mains are installed or as mains which have reached the end of
				their useful lives are replaced, the new or replacement main shall be sized and
				designed to accommodate the standards contained herein.
C. Delineation of Minimum Normal Operating
				Pressures: Other minimum normal operating pressures are applicable within
				delineated areas as set forth on the utility's Commission- approved tariff
				sheets or as provided for in special agreements.
D. Pressure Gauges: Each utility shall
				provide itself with one or more pressure gauges for each separate water
				system.
E. Pressure Surveys: It is
				suggested that at regular intervals each utility make a survey of pressures in
				its distribution system at or near the time of maximum usage. The records of
				these surveys should show the date, time, and location of the test.
F. Customer Transfer Pumps: No utility shall
				furnish water service to any customer who utilizes a transfer pump to pump
				water from the utility's water main into the customer's plumbing facilities
				unless backflow prevention is provided. Consideration shall be given both to
				deteriorating pressure in the mains and also to any potential hazard which
				might be created if contamination should be introduced into the system through
				a cross-connection when a negative pressure is induced in the water main by a
				customer's transfer pump.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 750 - MINIMUM STANDARDS FOR DESIGN, CONSTRUCTION, AND OPERATION OF WATER UTILITIES › Section 17.12.750.13 - TRANSMISSION AND DISTRIBUTION SYSTEM

Current through Register Vol. 35, No. 13, July 16, 2024
A. Transmission Systems: The transmission
				pipelines from sources of supply shall be designed to deliver in combination
				with related storage facilities and to the limits of the capacity of those
				sources of supply the maximum requirements of that portion of the system which
				is dependent upon such transmission pipelines.
B. Distribution System:
(1) Minimum Pipe Sizes: The distribution
				system shall be of adequate size and designed in conjunction with related
				facilities so as to maintain the minimum pressures required herein.
(2) Depth of Mains: Water mains should be
				installed below the frost line to prevent freezing and should have adequate
				cover over the top of the pipe for protection against surface loads.
(3) Dead Ends: Insofar as practicable the
				utility shall design its distribution system so as to avoid dead ends in its
				mains. Where dead ends are necessary the utility shall provide a means for
				flushing the mains. Mains with dead ends shall be flushed as often as necessary
				to maintain the proper quality of the water.
(4) Segmentation of System: Valves shall be
				provided in distribution mains at reasonable intervals so that repairs may be
				effected by the utility with interruptions to the service of a minimum number
				of customers. At intersections valves shall be installed on all connecting
				mains.
(5) Grid Systems: Wherever
				feasible the distribution system shall be laid out in a properly segmented grid
				so that in case of breaks or repairs the interruption of service to customers
				can be kept to a minimum.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 750 - MINIMUM STANDARDS FOR DESIGN, CONSTRUCTION, AND OPERATION OF WATER UTILITIES › Section 17.12.750.14 - DESIGN AND CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Minimum Requirements for Materials, Equipment, and Installation: Materials,
				equipment, and installation shall be suitable for the pressures experienced and
				shall meet minimum requirements prescribed by the New Mexico Environmental
				Improvement Division and any other governmental body with jurisdiction over the
				facility.
B. Standardizing: To
				preclude costly duplication of stocked piping material the utility may properly
				require that a specific material shall be used throughout at the discretion of
				the utility. Special consideration shall be given to standardization of valve
				and hydrant opening direction and to units of registration on water
				meters.
C. Systems Used for Fire
				Protection: When fire protection is provided by the utility as a part of the
				water service, the utility shall not misrepresent its fire protection
				capabilities.
D. Service
				Connections:
(1) The size, design, material,
				and installation of the service pipe shall conform to the reasonable
				requirements of the utility, provided that the minimum size of the pipe shall
				not be less than 3/4-inch. The minimum size of meters shall be
				5/8-inch.
(2) Whenever feasible all
				service pipes shall be installed below the frost line to prevent freezing and
				at a depth adequate to protect the pipes from surface activity, gardening,
				etc.
(3) Service connections should
				not be connected to hydrant branch lines and should not cross intervening
				properties even with the protection of easements.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 750 - MINIMUM STANDARDS FOR DESIGN, CONSTRUCTION, AND OPERATION OF WATER UTILITIES › Section 17.12.750.15 - WATER SUPPLY MEASUREMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Measuring Devices: Each utility shall install a suitable totalizing measuring
				device or otherwise determine production at each source of supply so that an
				accurate record may be maintained of the quantity of water produced by each
				source, the quantity treated by the utility, and the quantity distributed into
				the mains.
B. Records: At least
				once each month the quantity produced from each source of supply shall be
				determined. Twelve-month totals by sources shall be recorded and transmitted to
				the Commission in the utility's Annual Report. Such records shall further show
				actual annual metered consumption and any other properly estimated
				revenue-producing unmetered water, and the difference between these figures
				shall be shown as a percentage of nonrevenue (unaccounted-for) water.
				Unaccounted-for water exceeding fifteen percent (15%) of the total production
				should be given special attention in order to reduce excessive losses of
				water.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 750 - MINIMUM STANDARDS FOR DESIGN, CONSTRUCTION, AND OPERATION OF WATER UTILITIES › Section 17.12.750.16 - HISTORY

Current through Register Vol. 35, No. 13, July 16, 2024
NMPUC Case No. 2086, order dated June 30, 1988, unless
				  otherwise noted; amended by NMPUC Case No. 2636, Order dated August 7, 1995.
				  Formerly part of NMPUC General Order 42, superseded for purposes of rule
				  reorganization and codification.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 760 - CUSTOMER SERVICE RULES AND REGULATIONS FOR WATER UTILITIES › Section 17.12.760.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
17.12.760 NMAC shall apply to any water utility operating
				  within the state of New Mexico under the jurisdiction of the new mexico public
				  regulation commission.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 760 - CUSTOMER SERVICE RULES AND REGULATIONS FOR WATER UTILITIES › Section 17.12.760.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  8-8-15
				  NMSA 1978; Sections
				  62-3-1 NMSA
				  1978, 62-3-3 NMSA 1978, 62-3-4 NMSA 1978, 62-6-1 NMSA 1978, 62-6-4 NMSA 1978,
				  62-6-16 NMSA 1978, 62-6-18 NMSA 1978, 62-6-19 NMSA 1978, 62-6-20 NMSA 1978,
				  62-6-21 NMSA 1978, 62-6-22 NMSA 1978, 62-8-3 NMSA 1978, 62-8-10 NMSA 1978, and
				  62-9-1 NMSA 1978.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 760 - CUSTOMER SERVICE RULES AND REGULATIONS FOR WATER UTILITIES › Section 17.12.760.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 10, 2020 unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 760 - CUSTOMER SERVICE RULES AND REGULATIONS FOR WATER UTILITIES › Section 17.12.760.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
17.12.760 NMAC is intended to promote safe and adequate
				  service to the public, to provide standards for uniform and reasonable
				  practices by water utilities under the jurisdiction of the public regulation
				  commission, and to establish a basis for determining the reasonableness of such
				  demands as may be made by the public upon such water utilities. If unreasonable
				  hardship to such a water utility or to a customer of such a water utility
				  results from the application of any provision herein prescribed, application
				  may be made to the commission for the modification of the provision or for
				  temporary or permanent exemption from its requirements. The public regulation
				  commission is not precluded from altering or amending 17.12.760 NMAC or from
				  making such modifications with respect to its application as may be found
				  necessary to meet exceptional conditions. These regulations shall not relieve
				  any water utility operating within the state of new mexico subject to the
				  jurisdiction of the public regulation commission from its duties under the laws
				  of this state.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 760 - CUSTOMER SERVICE RULES AND REGULATIONS FOR WATER UTILITIES › Section 17.12.760.9 - CUSTOMER SERVICE RULES AND REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The customer service rules and regulations set forth in
				  17.12.760 NMAC establish the responsibilities and rights of jurisdictional
				  water utilities and their residential customers in their water service
				  relationship. Nothing herein shall prevent any utility from adopting customer
				  service rules and regulations which do not conflict with but which are
				  additional to those set forth herein to cover special
				  circumstances.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 760 - CUSTOMER SERVICE RULES AND REGULATIONS FOR WATER UTILITIES › Section 17.12.760.10 - FORMAT FOR CUSTOMER SERVICE RULES AND REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. For the convenience of the utilities the
				customer service rules and regulations herein are set forth in the appropriate
				format. (See 17.12.760.10 NMAC.pdf)
B. But for the utility's ability to
				disconnect residential service due to an emergency, safety concerns, or by
				customer request, the following rules regarding disconnection of residential
				utility service may be implemented on a temporary basis by order of the
				commission for a period of time, up to and including, the duration of any
				emergency executive order issued by the governor of New Mexico pertaining to a
				public health or other emergency condition under either the Public Health
				Emergency Response Act, Section
				12-10A-1
				NMSA 1978, and the All Hazards Emergency Management Act, Section
				12-10-1
				NMSA 1978:
(1) all utilities may be
				prohibited from discontinuing residential utility service for non-payment
				during the time period the emergency executive orders are in effect;
(2) any late fees on residential accounts
				that would be incurred during the time period of the effectiveness of the
				emergency executive orders may be required to be waived;
(3) utilities may be permitted to temporarily
				close in-person bill payment locations provided the utility provides notice to
				residential customers of such closures and identifies in such notice how
				payment made be made, including electronically or by mail. In the event of the
				closure of in-person bill payment locations, utilities shall be permitted to
				continue to collect credit card or bank fees in accordance with their own
				commission approved and filed tariffs;
(4) medical certificates set to expire shall
				not expire for the duration of the effectiveness of any emergency executive
				order and may be automatically be extended for 90 days from the end of any
				emergency executive order.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 770 - SMALL WATER UTILITIES › Section 17.12.770.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part governs the filing and review of changes in rates
				  proposed by small water utilities as defined by Section
				  62-8-7.1
				  A NMSA 1978 (2005).
A.
Exception for 50 percent or more rate increase proposal for small water
				utilities with 1,500 or fewer service connections.
The provisions of
				17.12.770.1 NMAC through 17.12.770.16 NMAC shall not apply to small water
				utilities, as defined by Section 62-8-7.1(B) NMSA 1978, if any of the criterion
				in Paragraphs (1), (2), (3) or (4) below apply. When any criterion listed below
				applies, Section
				62-8-7
				NMSA 1978 and 17.1.2.53 NMAC relating to the application for new rates shall
				apply to the filing and review of a proposed rate or rates by a small water
				utility.
(1) A proposed rate increase would
				increase the utility's revenue requirement fifty (50) percent or more over a
				twelve (12) month period.
(2) A
				proposed rate increase would increase any rate for any customer class for any
				given level of consumption fifty (50) percent or more over a twelve (12) month
				period.
(3) A utility proposes to
				increase a seasonally-adjusted rate and that increase would result in an
				increase in the rate of fifty (50) percent or more.
(4) A utility proposes to institute a rate
				where no rate had existed previously.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 770 - SMALL WATER UTILITIES › Section 17.12.770.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  8-8-4,
				  62-3-1,
				  62-3-2.1,
				  62-3-4,
				  62-6-4,
				  62-8-3,
				  62-8-7
				  and
				  62-8-7.1
				  NMSA 1978.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 770 - SMALL WATER UTILITIES › Section 17.12.770.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 31, 2007, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 770 - SMALL WATER UTILITIES › Section 17.12.770.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of 17.12.770 NMAC is to carry out the explicit
				  legislative intent of Sections
				  62-3-2.1
				  and
				  62-8-7.1
				  NMSA 1978, as amended, to limit governmental regulation of rate setting by
				  small water utilities and to provide a degree of regulatory oversight of small
				  water utilities that is proportionate to the need and benefit of such
				  regulation.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 770 - SMALL WATER UTILITIES › Section 17.12.770.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions in
				  17.12.1.7
				  NMAC, certain terms as used in this rule are defined as follows.
A.
Advice notice
means a
				listing by a water utility of proposed changes in tariff schedules and proposed
				effective dates that has been provided to the public and filed with the
				commission.
B.
Operating
				district or division
means any area of utility operations which is
				geographically distinct and distant from other utility operations, and which
				would otherwise be operated as a separate stand-alone utility but for its
				classification as a business unit within the single utility.
C.
Rate
shall have the meaning
				given in Section
				62-3-3 H
				NMSA 1978.
D.
Ratepayer
means a person in whose name service is carried. As stated in
				Section
				62-8-7.1
				A NMSA 1978 "each person who receives a separate bill equals one ratepayer and
				each person who receives multiple bills equals one ratepayer."
E.
Small water utility
means a
				public utility as defined in Sections
				62-3-3
				G(3) NMSA 1978 with less than an aggregate of five thousand (5,000) service
				connections in any utility operating district or division in New Mexico
				averaged over the previous three (3) consecutive years.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 770 - SMALL WATER UTILITIES › Section 17.12.770.8 - PROCEDURES FOR 2% RATE CHANGE WITHOUT HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A. A small water utility may adjust its
				commodity charge and customer service charge by up to two percent (2%) in any
				calendar year without a hearing, provided that the utility:
(1) is in good standing with all applicable
				commission rules and orders;
(2)
				shall not have changed its rates in the prior twelve (12) month
				period;
(3) shall have given notice
				to its customers by a mailed bill insert, printed notice on a bill or separate
				mailing of its proposed rate adjustment at least thirty (30) days prior to the
				effective date of such rate adjustment, in accordance with 17.12.770.10 NMAC;
				and
(4) shall not make such rate
				adjustments effective until at least thirty (30) days after it has filed with
				the commission the required documents described in Subsection B
				below.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 770 - SMALL WATER UTILITIES › Section 17.12.770.9 - FILINGS BY SMALL WATER UTILITIES PROPOSING NEW RATES

Current through Register Vol. 35, No. 13, July 16, 2024
A. This section applies to the filing and
				review of changes in rates proposed by small water utilities except small water
				utilities filing for a two percent (2%) rate change under 17.12.770.8 NMAC that
				have given proper notice according to 17.12.770.10 NMAC and small water
				utilities subject to the exceptions in 17.12.770.2 NMAC.
B.
Filing requirements.
The
				utility shall submit with its filing:
(1) an
				advice notice notifying the commission of the utility's intent to implement the
				new rate or rates by a date certain, which may not be less than thirty (30)
				days after the filing of the advice notice;
(2) an affidavit describing how the notice
				required by 17.12.770.10 NMAC has been given to the utility's
				ratepayers;
(3) a copy of the
				notice required by 17.12.770.10 NMAC attached to the affidavit of
				notice;
(4) a statement of the
				total number of ratepayers being served by the utility at the time of the
				filing;
(5) a brief statement
				explaining what has caused the need for the rate adjustment; and
(6) a statement that contains a rate and
				billing analysis.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 770 - SMALL WATER UTILITIES › Section 17.12.770.10 - NOTICE TO RATEPAYERS PRIOR TO FILING OF PROPOSED RATES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Notice required.
At least
				sixty (60) days prior to filing with the commission a schedule proposing a
				change in rate or rates, a small water utility shall notify its ratepayers of
				the proposed rate or rates in writing. The utility may mail the notice to
				ratepayers either with their billings or independently.
B.
Required information.
The
				notice to ratepayers shall include the following information:
(1) the amount of the increase requested in
				both total dollar amounts and total percentage increases;
(2) the customer classifications to which the
				new rate or rates would apply;
(3)
				a comparison of the present rate with proposed rates, consisting of
(a) the present rate,
(b) the proposed rate,
(c) the percentage difference between the
				present and proposed rate for each customer class and
(d) the number of customers in each class to
				which the proposed rates would apply;
(4) the date on which the utility intends to
				file with the commission the advice notice proposing the change in rate or
				rates;
(5) a statement that the
				utility will promptly notify a ratepayer of the date on which it actually files
				with the commission the advice notice proposing the change in rate or rates, if
				the ratepayer so requests;
(6) a
				statement in all capital letters that if a hearing is held by the public
				regulation commission, any costs incurred by the utility may be included in the
				utility's future rates, following the utility's next rate case;
(7) a statement that procedures for
				protesting rates are set forth in 17.12.770 NMAC, a copy of which can be
				obtained upon request from, or inspected at, the main office of the utility or
				the offices of the utility division of the commission in Santa Fe, and that
				forms for protests are available from either the utility or the commission, and
				indicating the telephone numbers and addresses of both the utility and the
				commission;
(8) a statement that
				the rate filing together with any exhibits and related papers may be examined
				at the main offices of the utility or at the commission in Santa Fe;
(9) a statement that further information may
				be obtained by contacting either the utility or the commission; and
(10) a statement that, for purposes of
				protests, "ratepayer" means a person in whose name service is carried. For
				purposes of protests, under Section
				62-8-7.1
				NMSA 1978, "each person who receives a separate bill equals one ratepayer and
				each person who receives multiple bills equals one ratepayer."
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 770 - SMALL WATER UTILITIES › Section 17.12.770.11 - STAFF MOTION FOR COMMISSION REVIEW OF RATE PROPOSALS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Suspension of rates upon filing of staff motion.
Rates proposed under
				17.12.770 NMAC by a utility with more than one thousand five hundred (1,500)
				but less than five thousand (5,000) service connections in any operating
				district or division, averaged over the previous three (3) consecutive years,
				shall be subject to suspension, review and hearing by the commission upon the
				timely filing with the commission of a staff motion for review.
B.
Timing of staff motion.
A
				staff motion for review shall be filed with the commission no later than twenty
				(20) days after the utility files with the commission the advice notice
				proposing the change in rate or rates.
C.
Full review upon staff
				motion.
Upon the timely filing of a staff motion and after a commission
				determination that just cause exists to review the proposed rates or rates, the
				commission will conduct a full review of the proposed rate or rates under
				Section
				62-8-7
				NMSA 1978 and 17.1.2.53 NMAC and under either 17.12.730 NMAC or 17.12.780
				NMAC.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 770 - SMALL WATER UTILITIES › Section 17.12.770.12 - PROTESTS BY RATEPAYERS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Suspension of rates upon filing of protest.
Rates proposed by a
				small water utility under 17.12.770 NMAC will be subject to suspension, review,
				and hearing by the commission upon the timely filing with the commission of a
				protest.
B. For a utility with one
				thousand five hundred (1,500) or fewer service connections in any operating
				district or division, averaged over the previous three (3) consecutive years, a
				protest must be signed by ten (10) percent, or more, of the utility's
				ratepayers, or twenty-five (25) ratepayers, whichever is more, receiving
				service from the utility at the time the change in rate or rates is filed. For
				purposes of this rule, ratepayer is defined in 17.12.770.7 NMAC.
C. For a utility with more than one thousand
				five hundred (1,500) but less than five thousand (5,000) service connections in
				any operating district or division, averaged over the previous three (3)
				consecutive years, a protest must be signed by ten (10) percent or more of the
				ratepayers receiving service from the utility at the time the change in rate or
				rates is filed. For purposes of this rule, ratepayer is defined in 17.12.770.7
				NMAC.
D.
Timing of
				protest.
Protests shall be filed with the commission no later than
				twenty (20) days after the utility files with the commission the advice notice
				proposing the change in rate or rates, and shall conform to the requirements of
				17.12.770.13 NMAC.
E.
Full
				review upon protest.
Upon the filing of a protest under 17.12.770.12
				NMAC and after a commission determination that just cause exists to review the
				proposed rate or rates, the commission will conduct a full review of the
				proposed rate or rates under Section
				62-8-7
				NMSA 1978 and 17.1.2.53 NMAC and under either 17.12.730 NMAC or 17.12.780
				NMAC.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 770 - SMALL WATER UTILITIES › Section 17.12.770.13 - FORM AND FILING OF PROTEST

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Contents of protest.
Protest petitions to the commission shall be
				in writing, and signed by each of the ratepayers submitting the protest. All
				protests shall contain the following:
(1) the
				name of the utility whose proposed rates are being protested and identification
				of the rate or rates being protested;
(2) the name, mailing address, and phone
				number of each ratepayer protesting the proposed rates and the name, mailing
				address, and phone number of each ratepayer's attorney, if any; and
(3) a caption of the proceeding, a space for
				the docket number, and the title "Protest."
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 770 - SMALL WATER UTILITIES › Section 17.12.770.14 - RESPONSE TO PROTEST

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Response with leave of commission.
No response to the substance of a
				protest filed with the commission is permitted except by leave of the
				commission or hearing examiner.
B.
Challenge to validity of protest petition.
The utility whose
				proposed rates are being protested may challenge the validity of the protest
				petition within ten (10) days of the filing of the petition.
(1) The challenge shall be made by motion
				conforming with the requirements of 17.1.2 NMAC and served upon each of the
				protestants.
(2) The motion shall
				be accompanied by affidavits and a brief in support of the motion, which shall
				also be served upon the protestants.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 770 - SMALL WATER UTILITIES › Section 17.12.770.15 - COMMISSION REVIEW OF RATES AFTER JUST CAUSE DETERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Notice of
				hearing.
Once the commission determines that just cause exists to review
				the proposed rate or rates, the commission shall issue an order noticing the
				rate or rates for hearing. Either this order or a subsequent order shall
				prescribe:
(1) the manner of any further
				notice to customers or the public, the cost of which shall be borne by the
				utility;
(2) a deadline for the
				filing of motions to intervene under 17.1.2 NMAC and directions to any
				protestants that they that they will not be considered parties to the rate
				review proceeding unless they move for and are granted intervener status;
				and
(3) directions to parties other
				than the utility and, to the extent the commission or hearing examiner may deem
				helpful, directions to the commission staff to file written testimony and
				exhibits.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 770 - SMALL WATER UTILITIES › Section 17.12.770.16 - SUBMISSION OF WRITTEN TESTIMONY AND EXHIBITS BY UTILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Information to be submitted upon
				commission determination of just cause.
After a commission determination
				of just cause for review of the proposed rate or rates, the utility shall file
				the following information and documents with the commission within thirty (30)
				days unless the commission or hearing examiner directs otherwise:
(1) direct testimony and exhibits intended to
				be introduced into evidence in support of the proposed rate or rates, including
				any rate filing package required by commission rule or order and by 17.12.730
				NMAC or 17.12.780 NMAC;
(2) a
				concise statement, supported by the direct testimony and exhibits, identifying:
(a) when the utility proposes to change the
				ratemaking treatment upon which the present rates are based, each proposed
				change, the reasons for the proposed change, and the impact in dollars of the
				proposed change on the rates being requested;
(b) the compound annual growth rate of each
				account of plant and expenditures since the test period used in the utility's
				last rate filing; and
(c) any
				extraordinary event or circumstance, known or projected, which materially
				alters the utility's operating or financial condition from the condition
				existing during the utility's test period in its last rate case; and
(3) a concise statement setting
				forth the utility's compliance or failure to comply with each part of the
				commission's final order in each of the utility's cases decided during the
				preceding five (5) years and its compliance or failure to comply with 17.6.450
				NMAC and 17.1.2 NMAC through 17.12.780 NMAC.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 770 - SMALL WATER UTILITIES › Section 17.12.770.17 - STATUS OF PROTESTANTS DURING PROCEEDING

Current through Register Vol. 35, No. 13, July 16, 2024
The protestants who file a protest will be deemed parties to
				  any proceeding on a motion made by the utility under
				  17.12.770.14
				  NMAC but will not be deemed parties to the proceeding to review and hear the
				  proposed rate or rates. Protestants may individually move to intervene under
				  17.1.2 NMAC and may or may not be granted intervener status under that rule.
				  The commission or hearing examiner may limit the number of interveners in the
				  rate making proceeding to avoid unnecessary delay, duplication, or
				  expense.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 780 - FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR CLASS C AND D WATER UTILITIES › Section 17.12.780.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Public Service Commission [New Mexico Public
				  Regulation Commission].
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 780 - FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR CLASS C AND D WATER UTILITIES › Section 17.12.780.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of NMPSC Rule 780 [17.12.780 NMAC] is to define
				  and specify the minimum data requirements to be filed by water utilities in
				  support of a tendered new rate schedule or rate schedules which will supersede,
				  supplement, or otherwise change the provision of a rate schedule required to be
				  on file with the Commission.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 780 - FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR CLASS C AND D WATER UTILITIES › Section 17.12.780.8 - TABLE OF CONTENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Purpose [17.12.780.6 NMAC]
B.
				Minimum Data Requirements for Rate Filings [17.12.780.9 NMAC]
C. Rate Filing Package Required of Class C
				Water Utilities [17.12.780.10 NMAC]
D. Rate Filing Package Required of Class D
				Water Utilities [17.12.780.11 NMAC]
E. Appendix Rate Application Forms - - Class
				C Water Utilities. Rate Application Forms - -Class D Water Utilities
				[17.12.780.13 NMAC]
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 780 - FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR CLASS C AND D WATER UTILITIES › Section 17.12.780.9 - MINUMUM DATA REQUIREMENTS FOR RATE FILINGS

Current through Register Vol. 35, No. 13, July 16, 2024
Provisions for rate filings are divided into the three (3)
				  levels of operation set out in the classification of water utilities in NMPSC
				  Rule 710.4 [17.12.1.7
				  NMAC]. NMPSC Rule 780 [17.12.780 NMAC] provides that water utilities shall file
				  for rates in one of three formats. Class A and Class B water utilities as
				  defined in NMPSC Rule 710.4 [17.12.1.7 NMAC] must
				  file the most comprehensive package, set forth in the Appendix to NMPSC Rule
				  730 [17.12.730 NMAC]; Class C water utilities as defined in NMPSC Rule 710.4
				  [17.12.1.7 NMAC] may
				  file a simpler package, set forth in the Appendix; Class D water utilities as
				  defined in NMPSC Rule 710.4 [17.12.1.7 NMAC] may
				  file the most abbreviated package, set forth in the Appendix.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 780 - FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR CLASS C AND D WATER UTILITIES › Section 17.12.780.10 - RATE FILING PACKAGE REQUIRED OF CLASS C WATER UTILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. To meet the
				Commission's minimum data filing requirements specified herein, the Class C
				water utility applicant must maintain adequate financial records fully
				separated from any commonly owned enterprise and requires that the applicant
				have on file with the Commission fully completed Annual Reports for the
				immediate past year and for at least the two (2) prior years if the applicant
				has been in existence that long.
B.
				The rate application form is based on the point in time concept represented by
				year-end operations for measuring rate base and the cost of service. This
				approach tends to close the time lag between the test period and the
				implementation of rates. In using this method, new plant added any time during
				the test period may be included in the year-end plant investment. If the added
				plant produces additional revenues, the added revenue and expense effect will
				be recognized in cost of service.
C. The test year used should be the most
				recent calendar year for which an Annual Report has been filed.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 780 - FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR CLASS C AND D WATER UTILITIES › Section 17.12.780.11 - RATE FILING PACKAGE REQUIRED OF CLASS D WATER UTILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A Class D water
				utility may apply for rate adjustments by means of the formal procedure
				outlined in rules governing Class C water utilities or by following the
				procedure prescribed below which is intended to reduce filing requirements to
				shorten the time period between application and Commission Order. This
				procedure assumes that the applicant has maintained adequate financial records
				fully separated from any commonly owned enterprise and requires that the
				applicant has on file with the Commission fully completed Annual Reports for
				the immediate past year and for at least the two (2) prior years when the
				applicant has been in existence that long.
B. It is contemplated that in most cases
				Staff will be able to analyze the case and make its recommendation on the basis
				of written materials submitted by the Company.
C. Such materials will consist of the last
				three (3) Annual Reports, information contained in or supplied with the
				application form, and information furnished in response to requests made to the
				applicant by Commission Staff or intervenors.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 780 - FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR CLASS C AND D WATER UTILITIES › Section 17.12.780.12 - HISTORY

Current through Register Vol. 35, No. 13, July 16, 2024
NMPUC Case No. 2086, order dated June 30, 1988, unless
				  otherwise noted; amended by NMPUC Case No. 2561, Order dated April 4, 1994.
				  Formerly part of General Order No. 42, superseded for purposes of rule
				  reorganization and codification..
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 780 - FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR CLASS C AND D WATER UTILITIES › Section 17.12.780.13 - APPENDIX

Current through Register Vol. 35, No. 13, July 16, 2024
See
Clik
				  to View Image
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 810 - PROCEDURES FOR REVIEW OF RATES PROPOSED BY WATER AND SANITATION DISTRICTS › Section 17.12.810.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except as
				provided in Subsection B of 17.12.810.2 NMAC, 17.12.810 NMAC governs the
				setting of new rates, tolls, and charges by water and sanitation districts
				organized under the Water and Sanitation District Act, hereinafter referred to
				sometimes as "districts." NMPSC Rules 110.39 through 110.41 [now 17.1.2 NMAC]
				relating to applications for new rates shall not be applicable.
B. The provisions of 17.12.810 NMAC are not
				applicable to water and sanitation districts which have elected to become
				subject to the terms and provisions of the Public Utility Act. Any such
				districts shall comply with NMPSC Rules 110.39 through 110.41 [now 17.1.2 NMAC]
				rather than 17.12.810 NMAC when proposing any rates, tolls, or
				charges.
C. When used in 17.12.810
				NMAC the term "rates" shall refer to any and all rates, tolls, or charges to be
				filed with the public regulation commission under Section
				73-21-55
				C NMSA 1978.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 810 - PROCEDURES FOR REVIEW OF RATES PROPOSED BY WATER AND SANITATION DISTRICTS › Section 17.12.810.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
17.12.810 NMAC is adopted under the authority vested in the
				  commission by Section
				  73-21-55
				  NMSA 1978.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 810 - PROCEDURES FOR REVIEW OF RATES PROPOSED BY WATER AND SANITATION DISTRICTS › Section 17.12.810.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 31, 2007, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 810 - PROCEDURES FOR REVIEW OF RATES PROPOSED BY WATER AND SANITATION DISTRICTS › Section 17.12.810.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of 17.12.810 NMAC is to carry out the explicit
				  legislative intent of Laws 1985, Chapter 166, which amended Sections
				  73-21-16 and
				  73-21-40
				  NMSA 1978, and which added Section
				  73-21-55
				  NMSA 1978, to limit governmental regulation of rate setting by water and
				  sanitation districts, which are quasi-municipalities and are governed by an
				  elected board, to the maximum extent possible.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 810 - PROCEDURES FOR REVIEW OF RATES PROPOSED BY WATER AND SANITATION DISTRICTS › Section 17.12.810.8 - TABLE OF CONTENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Purpose 17.12.810.6 NMAC
B.
				Authority 17.12.810.3 NMAC
C.
				Applicability 17.12.810.2 NMAC
D.
				Filings by water and sanitation districts proposing new rates 17.12.810.9
				NMAC
E. Notice to taxpayer-electors
				prior to filing of proposed rates 17.12.810.10 NMAC
F. Protests by taxpayer-electors 17.12.810.11
				NMAC
G. Form and filing of protest
				17.12.810.12 NMAC
H. Response to
				protest 17.12.810.13 NMAC
I.
				Submission of written testimony and exhibits by district 17.12.810.14
				NMAC
J. Commission review of rates
				17.12.810.15 NMAC
K. Status of
				protestants during proceeding 17.12.810.16 NMAC
L. Effective date 17.12.810.5 NMAC
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 810 - PROCEDURES FOR REVIEW OF RATES PROPOSED BY WATER AND SANITATION DISTRICTS › Section 17.12.810.9 - FILINGS BY WATER AND SANITATION DISTRICTS PROPOSING NEW RATES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A water and
				sanitation district shall propose new rates by filing the rates with the New
				Mexico public service commission [public regulation commission], accompanied by
				an advice notice notifying the commission of the district's intent to implement
				the new rates by a certain date, which may not be less than forty-five (45)
				days after the filing of the advice notice, and accompanied by an affidavit
				describing how the notice required by 17.12.810.10 NMAC has been given to the
				district's taxpayer-electors, to which affidavit is annexed a copy of the
				notice.
B. The district shall
				submit with its filing:
(1) a statement of
				the present rates, the proposed rates and the percentage difference between the
				present and proposed rates for each customer class and the number of customers
				to which the rates apply within each class;
(2) a copy of the resolution of the
				district's board of directors containing the board's decision to propose new
				rates; and
(3) a brief statement
				explaining what has caused the need for the rate adjustment unless contained in
				the board's resolution.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 810 - PROCEDURES FOR REVIEW OF RATES PROPOSED BY WATER AND SANITATION DISTRICTS › Section 17.12.810.11 - PROTESTS BY TAXPAYER-ELECTORS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Rates proposed by a district will be
				subject to commission review upon the filing with the commission of a protest
				signed by twenty-five (25) of the taxpayer-electors of the district or five
				percent (5%) of the taxpayer-electors of the district, whichever is less.
				Protest petitions shall conform to the requirements of 17.12.810.12 NMAC and
				must be filed with the commission no later than thirty (30) days after the
				district files with the commission the schedule proposing new rates. For the
				purposes of 17.12.810 NMAC all protest petitions filed with the commission
				relating to the same district filing of proposed new rates shall be deemed a
				"protest."
B. NMPSC Rules 110.38
				through 110.45 and NMPSC Rules 110.45 through 110.142 [now 17.1.2 NMAC] shall
				be applicable to proceedings commenced upon the filing of a protest under
				17.12.810.11 NMAC except to the extent inconsistent with the provisions of
				17.12.810 NMAC.
C. For purposes of
				17.12.810 NMAC a taxpayer-elector is a person registered to vote in any
				precinct in the state, who:
(1) is a resident
				of the district;
(2) is a
				nonresident of the district who pays, or will be liable for paying, rates,
				tolls or charges set by the board of the district; or
(3) is a non resident of the district who
				either has paid or incurred a general tax liability on real property within the
				district in the twelve months immediately preceding the district's filing of
				its proposed rates or who is purchasing real property within the district under
				a real estate contract where a property tax has been paid or incurred on the
				real property in the twelve months immediately preceding the district's filing
				of its proposed rates.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 12 - WATER SERVICES › Part 810 - PROCEDURES FOR REVIEW OF RATES PROPOSED BY WATER AND SANITATION DISTRICTS › Section 17.12.810.12 - FORM AND FILING OF PROTEST

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Contents of protest: Protests to the commission must be in writing and shall be
				signed by each of the taxpayer-electors submitting the protest. All protests
				shall contain the following:
(1) the name of
				the water and sanitation district whose proposed rates are being protested and
				identification of the rates being protested; and
(2) the name, mailing address and phone
				number of each taxpayer-elector protesting the proposed rates and the name,
				mailing address and phone number of each taxpayer-elector's attorney, if
				any.