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 17.5.410.42 - CUSTOMERS' RIGHTS AND RESPONSIBILITIES
Universal Citation: 17 NM Admin Code 17.5.410.42
Current through Register Vol. 35, No. 18, September 24, 2024
A statement of customer's rights and responsibilities is required to be enclosed in each 15-day notice of discontinuance of service and served by a utility on a residential customer pursuant to 17.5.410.33 NMAC. Each statement shall be in both English and Spanish and shall be on file with the commission.
A. Each statement shall be entitled in bold letters "your rights and responsibilities regarding discontinuance of services".
B. Each statement shall be addressed to "Dear (utility name) residential customer.
C. Each statement shall include:
(1) a statement that "this notice is
to inform you that your utility payment is past due; your service will be
disconnected after the date printed on the enclosed bill if payment is not made
by then; upon request, we can provide outstanding charge information to you
including the dates of service during which the outstanding charges were
incurred and the date and amount of the last payment";
(2) a statement that "you can participate in
a payment plan if you can demonstrate that you do not have the financial
resources to pay the outstanding amount, or if you are low income or are
subject to other special circumstances";
(3) a statement in capital letters that "IF
YOU HAVE DIFFICULTY PAYING THIS BILL, AND FEEL YOU MAY QUALIFY FOR ASSISTANCE
IN PAYING YOUR UTILITY BILL FROM THE LOW INCOME HOME ENERGY ASSISTANCE PROGRAM,
OR ANOTHER ASSISTANCE PROGRAM IN YOUR COMMUNITY, CONTACT THE COMMUNITY
ASSISTANCE SECTION OF THE HUMAN SERVICES DEPARTMENT AT 1-800-283 -4465, THE
TRIBAL OR PUEBLO ENTITY THAT ADMINISTERS A TRIBE'S OR PUEBLO'S LIHEAP, OR THE
CUSTOMER SERVICE REPRESENTATIVE AT THIS UTILITY";
(4) a statement in capital letters that "LOW
INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) APPLICATION FORMS FOR THE LOW
INCOME HOME ENERGY ASSISTANCE PROGRAM ARE AVAILABLE AT THE BILLING OFFICES OF
THIS UTILITY, AT THE HUMAN SERVICES DEPARTMENT, AND AT THE TRIBAL OR PUEBLO
ENTITY THAT ADMINISTERS A TRIBE'S OR PUEBLO'S LIHEAP. YOU SHOULD RETURN THE
APPLICATION FORMS TO THE HUMAN SERVICES DEPARTMENT OR THE TRIBAL OR PUEBLO
ENTITY THAT ADMINISTERS THE PROGRAM AND DETERMINES YOUR ELIGIBILITY TO RECEIVE
ASSISTANCE";
(5) a statement that
"if you believe that there is an error in your billing, contact us immediately
for a review; after you pay the undisputed amount of your bill, we will
postpone disconnection of your service until the dispute is
resolved";
(6) a statement that "if
you or someone in your household are seriously or chronically ill, we will not
disconnect your service, if at least two days before the disconnection date, we
receive an original of the attached [utility name] medical and financial
certification forms; the medical certification form must be completed by a
licensed medical professional; an original of the attached financial
certification form, stating that you qualify for financial assistance, must be
completed by an agency providing assistance in or for the state of New
Mexico;
(7) a statement that "if
your service has been disconnected, we will restore service within twelve hours
after you have satisfied the certification requirements above; your obligation
to pay your bill is not relieved if service is continued or reestablished
because we receive these certifications";
(8) a statement that "between November 15
through March 15, if you qualify for low income home energy assistance program
(LIHEAP), you may be protected from having your services disconnected for
non-payment; for more information, please call us at (utility telephone
number)";
(9) a statement in
capital letter that "TO RESTORE SERVICE THAT HAS BEEN DISCONNECTED, A RECONNECT
FEE OF $________ MAY BE CHARGED";
(10) a statement of the utility-specific
programs, if any;
(11) a statement
that "we can put you in touch with other organizations in your community that
might be able to help you; if you have a relative, friend, or agency that will
assist in paying your bills, and you want us to notify them when disconnect
notices are sent, contact us";
(12)
a statement that "(utility budget bill program name) can help even out your
payments throughout the year; you still pay for all of the energy you use; you
can cancel your participation at any time; upon cancellation, all amounts are
due and become payable within 30 days; any credits will be applied to your
account";
(13) a statement "see
your bill for your local (utility name) payment office location; or, contact us
for third-party and other pay locations nearest you";
(14) a statement "to contact us, call us at
(utility phone number) from (utility hours) (utility days); holiday hours vary
or, go to (utility web site)";
(15)
a statement "if you are not satisfied with the arrangements that we provide,
you have the right to file a complaint with the NMPRC, 1120 Paseo de Peralta,
Santa Fe, NM 87501; telephone 505-827-6940 or 1-888-4 ASK PRC or 1-888-427
-5772"; and
(16) a statement that
"special consideration will be given to a residential customer who meets the
qualifications of LIHEAP, or has other special circumstances, in determining
deposits and installment agreements; in making such determination, a utility
shall accept documentation from the administering authority that such
residential customer meets the qualifications of LIHEAP."
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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