New Mexico Administrative Code
Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES
Chapter 10 - GAS SERVICES
Part 660 - NATURAL GAS TRANSPORTATION
Section 17.10.660.12 - JURISDICTION AND PROCEDURE

Universal Citation: 17 NM Admin Code 17.10.660.12

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

A. Federal Jurisdiction: Nothing contained in the Natural Gas Transportation Rule shall be construed to require a utility to enter into an arrangement for the Transportation of natural gas which would result in the utility becoming subject to the jurisdiction of the Federal Energy Regulatory Commission or any successor agency, nor to confer on the Commission authority over transactions which are exclusively within the authority of such federal agency.

B. Amendment: The adoption of the Natural Gas Transportation Rule shall in no way preclude the Commission, after notice and hearing, from altering or amending any provision hereof or from making any modification with respect to its application deemed necessary.

C. Exemption or Variance:

(1) An application for an exemption or a variance from any requirement set forth in NMPUC

Rules 660.5 through 660.19 [17.10.660.10 NMAC through 17.10.660.11 NMAC], except NMPUC Rule 660.12 [Subsection H of 17.10.660.10 NMAC], shall:

(a) identify the portion(s) of the Natural Gas Transportation Rule for which the variance or exemption is requested,

(b) describe the situation which necessitates the exemption or variance,

(c) set out the effect of complying with the Natural Gas Transportation Rule on the utility and its customers if the exemption or vaiance is not granted,

(d) define the result which the request will have if granted,

(e) state how the exemption or variance will promote the purposes of the Natural Gas Transportation Rule, and

(f) state why the exemption or variance is a more reasonable alternative than the application of the Natural Gas Transportation Rule.

(2) The Commission may consider the application for the exemption or variance with or without a hearing.

(3) If it finds good cause, the Commission may order a hearing on such application and shall promptly provide sufficient advance notice of any such hearing.

D. Motion for Stay Pending a Decision on Exemption or Variance: An application for an exemption or variance may include a motion that the commission stay the application of the affected portion of the Natural Gas Transportation Rule for that Transportation specified in the motion. The Commission may consider such a motion with or without a hearing.

E. Severability: If any part or application of the Natural Gas Transportation Rule is held invalid, the remainder or its application to other situations or persons shall not be affected.

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