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. 18, September 24, 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:
C. Required rate and billing analysis. The rate and billing analysis shall describe the effect of any proposed rate increase on each class of customers and shall include: a description of any proposed changes in rate design; a comparison of each proposed rate with the existing rate for each customer class; a table that provides a billing analysis for residential customers and a table that provides a rate analysis for each customer class.
D. Applicability of 17.1.210 NMAC. The utility's fillings under 17.12.770.9 NMAC shall be in accordance with 17.1.210 NMAC, except that Paragraph (2) of Subsection B of 17.1.210.11 NMAC relating to direct testimony and exhibits and Subsection C of 17.1.210.11 NMAC relating to additional information shall not be applicable. The utility may, but is not required to file with the advice notice, the direct testimony, exhibits, and statements which would be required by 17.12.770.15 NMAC in the event of a valid protest or motion to review by commission staff.
E. Rejection. Failure to abide by these requirements shall be deemed grounds for rejection of the filing.
F. Effective date of rates. The rate or rates proposed in accordance with the provisions of this section shall become effective on the date set forth in the advice notice unless a protest is filed under 17.12.770.12 NMAC, or a staff motion for review is filed under 17.12.770.11 NMAC and the commission determines the protest or motion establishes just cause for reviewing the proposed rates. If a valid protest or motion is filed and the commission determines that there is just cause for review of the proposed rates, the new rates may become effective only in accordance with Section 62-8-7 NMSA 1978 and 17.1.2.53 NMAC.
G. Rates effective by operation of law. Rates that become effective by operation of law, without hearing by the commission, shall not be construed to bear the approval of the commission and may be subject to inquiry by the commission at any time.