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 17.5.410.9 - EXEMPTION AND VARIANCE
Current through Register Vol. 35, No. 18, September 24, 2024
A. Exemption. If unreasonable hardship with no reasonable alternative to a utility or to a residential customer results from the application of any provision of 17.5.410 NMAC, application may be made to the commission for temporary or permanent exemption from its requirements.
B. Variances. A utility may file a written application with the commission seeking a variance from all or part of 17.5.410 NMAC for good cause shown, except that no variances shall be allowed from the provisions of 17.5.410.30 NMAC. Each variance request shall include an explanation for the requested variance together with an alternate proposal designed to achieve the purpose of the rule to be waived and to be implemented for application to the condition(s) requiring the variance.
C. Stay pending application for exemption or variance. An application for an exemption or a variance shall stay the application of 17.5.410 NMAC to the utility applying for the exemption or variance as it relates to the matter on which an exemption or a variance is sought for a period of twenty (20) days. Within that time frame the commission may for good cause shown extend the period of the stay.
D. Notice of application for exemption or variance. A utility filing an application for an exemption or a variance with the commission shall contemporaneously with such filing mail copies of such application by first class mail to the attorney general, and the intervenors in the utility's most recent rate case.
E. Exemption or variance hearings. The commission may schedule a hearing on any proposed exemption or variance.
