New Mexico Administrative Code
Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES
Chapter 5 - UTILITY INTERCONNECTIVITY AND COOPERATIVE AGREEMENTS
Part 440 - EXTENSIONS, SYSTEM IMPROVEMENTS, REPAIRS OR REPLACEMENTS, ADDITIONS, AND COOPERATIVE AGREEMENTS BETWEEN OR AMONG UTILITIES
Section 17.5.440.9 - GAS, WATER, AND SEWER UTILITIES
Universal Citation: 17 NM Admin Code 17.5.440.9
Current through Register Vol. 35, No. 18, September 24, 2024
A. Report requirements for extensions, system improvements, and additions:
(1) Each public utility shall, prior to
making any of the following described extensions, system improvements, or
additions as set forth in Subparagraphs (a) through (d) of
17.5.440.9 NMAC below, file a
report with the commission setting forth the character of the undertaking, the
purpose sought thereby to be accomplished, the means by which that purpose is
intended to be realized, the estimated costs involved in the employment of
those means, the data upon which the engineering and economic feasibility of
the undertaking is based, any reasonable alternatives to the proposed
undertaking, and, if Subparagraph (a) of
17.5.440.9 NMAC below is
applicable, the name or names of the utility or utilities toward which the
proposed extension is to be made.
(a) Any
extension of or any change in the routing of any distribution or transmission
line which will extend to within one-half mile of the facilities of any other
utility or utilities rendering the same kind of service.
(b) Any extension, system improvement, or
addition to any transmission or distribution line, plant, facility, or system
which will have an estimated cost under the uniform system of accounts of
$200,000 or more on a total company basis and for which the utility intends to
seek rate recovery from its New Mexico customers, regardless of the location of
the line, plant, facility, or system.
(c) Any extension or system improvement
one-half mile or more in length of any transmission or distribution line
outside of any municipality which involves any changes in routing, pipe size,
pipe material, or design pressure for gas or water lines.
(d) Any extension of one-half mile or more in
length within the limits of a municipality where the pressure is in excess of
400 p.s.i.
(2) The report
is for informational purposes and shall not constitute an application by the
utility for authority to engage in the reported undertaking.
(3) Reports shall include sufficient
information to enable the commission to appropriately relate the proposed
extension, system improvement, or addition to maps of existing
facilities.
(4) The utility shall
file reports on forms to be furnished by the commission and shall be numbered
serially.
B. The commission shall not be precluded from taking any action which it deems appropriate with respect to reports filed pursuant to this rule and the undertaking.
C. The commission shall not be precluded from requiring the filing of further information by the reporting utility with respect to its proposed undertaking.
D. Service procedure and policy:
(1) Upon the utility's filing of a report,
commission utility division staff shall review the report and notify the
Commission of statutory, regulatory, or feasibility issues, if any, and shall
recommend appropriate actions to be taken, if any, pursuant to Subsections B
and C of 17.5.440.9 NMAC above, as
determined by staff.
(2) Where a
utility is required to file a report with the commission pursuant to
Subparagraph (a) of Paragraph (1) of Subsection A of
17.5.440.9 NMAC, the utility shall
at the time of filing its report with the commission serve a copy of the filed
report on the utility or utilities toward whose facilities the extension is
proposed to be made.
(a) Proof of service of
such copy shall be made and filed with the commission under the certificate of
the person making the service.
(b)
If the service in made by mail, it shall be made by certified mail with return
receipt requested, it shall include the corresponding 440 filing number, and
the return receipt shall be filed with the commission with the proof of
service.
(c) Thereafter, no
complaint by a utility in opposition to the proposed extension will be
entertained by the commission unless filed with the commission by the opposing
utility within 20 days of its receipt of the served copy of the
report.
(d) The provisions of this
section will be waived whenever the commission is furnished proof in writing
that the utility toward whose facilities the extension is proposed to be made
has no complaints.
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