N.M. Admin. Code § 17.1.3.19

Current through Register Vol. 35, No. 20, October 22, 2024

Section 17.1.3.19 - CHANGES TO INITIAL RATE APPLICATION

A. During the rate proceeding, the commission shall consider the utility's proposed revisions, if any, to the originally filed future test year period. The utility shall timely notify the commission, staff and intervenors of any proposed revisions due to errors, changes in law or other changed circumstances that decrease or increase its requested revenue requirements by an amount that materially affects its original filing and shall provide detailed sufficient explanations for the proposed revisions. For purposes of this section, "materially affects" means proposed revisions that decrease or increase the utility's originally filed jurisdictional revenue deficiency or surplus by five percent (5%) or more.

B. If the utility's proposed revisions materially affect its original filing, it shall file a modification of its original filing with the commission. Modifications shall be approved only by order of the commission. If the commission approves the modification, the original filing shall be rendered incomplete, and the suspension period of the proposed rates shall start anew. Any approved modification that results in an increase to rates above the amount that was originally filed shall require the utility to issue a new notice to customers consistent with the law.

C. Revisions provided by the utility through errata or in response to discovery requests that do not require the filing of a modification by the utility shall be incorporated into a comprehensive list (with detailed sufficient explanations for the revisions) filed and served on a date that:

1. is established by the presiding officer in the procedural schedule;

2. provides reasonable notice to all parties; and

3. is before the date staff and intervenor direct testimony is due to be filed under the procedural schedule. Such revisions shall be presented as adjustments to the utility's original presentation (rather than as a revised presentation) so that the adjustments are verifiable between the original presentation and the revised figures.

D. Nothing contained in this section shall be construed to prevent a utility from presenting revisions to its original filing through rebuttal testimony in response to staff or intervenor testimony or to correct errors discovered after the filing of the comprehensive list of revisions provided for in this section. The utility shall promptly notify the commission, staff and intervenors of any such errors.

N.M. Admin. Code § 17.1.3.19

17.1.3.19 NMAC - N, 2-14-13