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 17.5.410.31 - DISCONTINUANCE OF SERVICE

Universal Citation: 17 NM Admin Code 17.5.410.31

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

A. A utility may discontinue service to a residential customer without prior notice in the event of:

(1) a condition determined by the utility to be hazardous;

(2) residential customer use of equipment in such manner as to adversely affect the utility's equipment or the utility's service to others;

(3) residential customer's tampering with, damaging, or deliberately destroying the equipment furnished and owned by the utility; or

(4) unauthorized use of service provided by the utility.

B. A utility may discontinue service to a residential customer for:

(1) nonpayment of a delinquent account pursuant to 17.5.410.33 NMAC;

(2) failure to post a security deposit or guarantee pursuant to 17.5.410.33 NMAC, as applicable; except that a utility may not discontinue service to an existing residential customer solely for failure to pay a deposit; or

(3) failure to comply with the terms and conditions of a settlement agreement or installment agreement entered into pursuant to this rule.

C. A utility may discontinue utility service to a residential customer after three (3) days' prior written notice in the event of the residential customer's:

(1) refusal to grant access at reasonable times to equipment installed upon the premises of the residential customer for the purpose of inspection, meter reading, maintenance, or replacement;

(2) failure to furnish such service, equipment, permits, certificates, or rights-of-way as shall have been specified by the utility as a condition to obtaining service or in the event such equipment or permissions are withdrawn or terminated;

(3) violation of or noncompliance with the utility's rules on file with and approved by the commission;

(4) provision of a fraudulent medical certification form or financial certification form.

D. The three-day notice required by Subsection C of 17.5.410.31 NMAC shall be in English and Spanish and shall include the following:

(1) a statement of the reason(s) why the utility has issued notice to discontinue utility service pursuant to Subsection C of 17.5.410.31 NMAC;

(2) the title(s), address, telephone number(s), and working hours of utility personnel responsible for carrying out the rights prescribed in 17.5.410 NMAC;

(3) a statement that the residential customer can obtain a review by utility personnel of the reasons for the proposed discontinuance of service, which shall stay the discontinuance during the review, and a statement that a complaint may be filed with the commission if the residential customer disagrees with the utility's determination of the facts upon which the proposed discontinuance is based;

(4) a statement that members of New Mexico tribes or pueblos who need help with translation or with other matters may contact the commission's consumer relations division at (888) 427-5772, who will contact the appropriate tribal or pueblo official for assistance.

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.
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