New Mexico Administrative Code
Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES
Chapter 9 - ELECTRIC SERVICES
Part 550 - FUEL AND PURCHASED POWER COST ADJUSTMENT CLAUSES FOR ELECTRIC UTILITIES
Section 17.9.550.17 - CONTINUATION FILINGS

A. Each utility operating with a FPPCAC as part of its tariff shall file an application for continued use of its FPPCAC at intervals of no more than four (4) years from the date the FPPCAC is approved or continued by the commission. The application must address the considerations described in Paragraphs (1) through (4) of Subsection E of 62-8-7 NMSA 1978. A utility may elect to satisfy this requirement by submitting its continuation filing as part of a general rate proceeding that is subject to hearing by the commission or in a separate filing. Failure to file the application required in this paragraph by the prescribed time may, after notice and hearing, result in appropriate orders or sanction under the Public Utility Act, including termination of the utility's FPPCAC.

B. All applications required by this section shall be accompanied by a revenue and expense statement that shall contain, at minimum, an analysis of costs and revenues included in or affected by the operation of the utility's FPPCAC. In addition, the utility shall make the same showings required of an initial tariff filing set out in 17.9.550.16 NMAC.

C. A continuation filing shall be deemed approved thirty (30) days after filing unless suspended by the commission. Unless otherwise ordered by the commission, an existing FPPCAC shall remain in effect pending the outcome of a proceeding in which a request for continued use of an FPPCAC has been suspended.