New Mexico Administrative Code
Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES
Chapter 1 - UTILITIES GENERAL PROVISIONS
Part 210 - SCHEDULE OF RATES RULES AND FORMS
Section 17.1.210.11 - SUCCEEDING CHANGES AND ADDITIONS TO RATES, RULES, AND FORMS-MANNER AND EFFECT OF FILING

Universal Citation: 17 NM Admin Code 17.1.210.11

Current through Register Vol. 35, No. 18, September 24, 2024

A. New and Cancelled Rates, Rules, and Forms--How Shown:

(1) When any change is made in a Rate, Rule, or Form, or any part thereof, a new Rate, Rule, or Form shall be filed and attention shall be directed to the changes on the revised Rate, Rule, or Form by placing an "X" at the right-hand border on the line which contains the change (See Attachment A). When all or most of the Rates, Rules, or Forms are to be changed, the "X" may be placed near the top of the page below the schedule name with a notation to that effect.

(2) The new page shall bear the same Rate, Rule, or Form number and pertain to the same character of service as the page being replaced and shall take the place of and cancel the old one.

(3) Cancelled Rates, Rules, or Forms will not be destroyed but will be removed at the time they become obsolete and maintained as a separate subsection of the Schedule of Rates, Rules, and Forms.

B. Advice Notice and Filing of Testimony:

(1) Every new Rate, Rule, or Form submitted to the Commission for filing shall be accompanied by an original and four (4) copies of an "Advice Notice" listing the new Rates, Rules, or Form numbers and titles proposed thereby together with the numbers of all Rates, Rules, or Forms to be replaced in substantially the form set out in Attachment B. Advice Notices shall be numbered consecutively beginning with No. 1. Except for filings made in accordance with and pursuant to NMPSC Rule 540 [17.9.540 NMAC], the utility shall serve a copy of the Advice Notice on the Attorney General and all counsel of record and pro se parties in the utility's last rate case at the time it files the Advice Notice with the Commission but need not accompany the copy with testimony and exhibits. Every new Rate, Rule or Form submitted the Commission for filing shall also be accompanied by a certificate of service listing the recipients of the new Rate, Rule or Form and accompanying Advice Notice.

(2) In every case of a proposed change in rates the utility shall file together with the Advice Notice direct testimony from every witness it intends to present in support of the proposed rate change along with supporting exhibits in written form intended to be introduced into evidence. Failure to abide by the requirements set forth herein shall be deemed grounds for rejection of the filing.

C. Additional Information as to Effect of Proposed Rates: For the information of the Commission and the public, but not to be or become part of the permanent schedule on file, a concise statement shall accompany each Advice Notice of a new or changed rate showing the anticipated reduction or increase in annual revenue resulting therefrom, the number of customers in each rate class affected or likely to be affected thereby, and the impact on customers at a class average of consumption within each class as nearly as may be calculated.

D. Corrections to Filings: When typographical errors or incorrect Rate, Rule, Form, or Advice Notice numbers or other anomalies inconsistent with the Commission's rules or policy have been made in a filing, before such filing may be deemed complete corrected pages shall be submitted to the Commission with a letter of explanation.

E. Withdrawal of Filings: Except as provided in NMPSC Rule 210.15 [Subsection D of 17.1.210.11 NMAC], a filing which has been made with the Commission may not be withdrawn or changed in any manner without the Commission's approval. Such approval may be granted by the Commission in its discretion. Upon withdrawal all copies of the Advice Notice and related Rates, Rules, or Forms shall be returned to the utility, and the Advice Notice numbers and Rate, Rule, or Form numbers shall be considered as never having been filed. The numbers withdrawn will therefore be available for use by the utility in its subsequent submissions. If a utility withdraws its filing after a hearing has been held on it, the Commission may recover costs against the party withdrawing the filing. The withdrawal of a filing after hearing shall be accompanied by an affidavit setting forth the reasons the filing should be withdrawn. This section shall not apply to filings ordered withdrawn after hearing or for any other reason ordered by the Commission.

F. Incomplete Filings: Filed Rates, Rules, or Forms which do not conform to the requirements specified in NMPSC Rule 210 [17.1.210 NMAC] shall not be determined complete until all requirements are met. In the event such filings are found to be incomplete, the Commission shall advise the filing utility of the deficiency of the filing within thirty (30) days of receipt and will hold the Rates, Rules, or Forms for a reasonable time until the additional information required or necessary corrections have been provided. All applications for a change in rates will be considered incomplete unless accompanied by an Advice Notice, direct testimony, exhibits, and appropriate filing fee as required by NMPSC Rules 210.17 and 210.13 [Subsections F and B of 17.1.210.11 NMAC]. No statutory deadline shall begin to be computed until the filing has been determined complete after notification to the utility of any deficiencies.

G. Completed Filings: Submitted incomplete Rates, Rules, or Forms shall be deemed to have been completed and acceptable when all required information and necessary corrections have been received by the Commission.

H. Rejection of Filings: Rates, Rules, or Forms which are not in substantial compliance with Commission rules, orders, or applicable statutes may be rejected. If rejected they will be returned with an indication of the deficiencies therein. Filed Rates, Rules, or Forms which have been rejected shall not be entered on the Commission's docket. Acceptance of a document for filing is not a determination that the document complies with all requirements of the Commission and is not a waiver of such requirements.

I. Pre-filing Review: As a means of facilitating the filing procedure for both the public utility and the Commission and to avoid misunderstanding and delay due to rejection, a draft copy of new or revised Rates, Rules, or Forms may be submitted to the Commission informally as a " Proposed Filing" for preliminary review by Commission staff. The staff's comments will be given to the utility prior to formal filing but shall in no way constitute approval by the Commission as to the reasonableness or lawfulness of any proposed Rates, Rules, or Forms.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.