Current through Register Vol. 35, No. 23, December 10, 2024
Section 17.11.27.10 - VARIANCES AND EXEMPTIONSAny ETC may petition the commission for a variance or exemption from any provision of this rule for good cause shown.
A. General requirements: (1) any ETC may petition for a variance or exemption from any of the requirements of this rule;(2) such petition may include a motion that the commission stay the affected portion of this rule for the transaction specified in the motion;(3) petitions for a variance or exemption and motions for a stay must be supported by an affidavit signed by an officer of the ETC or someone with authority to sign for the ETC;(4) the commission may, at its discretion, require an informal conference or formal evidentiary hearing prior to making its determination.B. Contents of the petition: a petition for a variance or exemption shall:(1) identify the section of this rule for which the variance or exemption is requested;(2) describe the situation which necessitates the variance or exemption;(3) describe the effect of complying with this rule on the ETC and its customers, or on its competitive affiliates and their customers, if the variance or exemption is not granted;(4) describe the result the request will have if granted;(5) state why the proposed alternative is in the public interest and is a better alternative than that provided by this rule;(6) state why the variance or exemption would have no anticompetitive effect.N.M. Admin. Code § 17.11.27.10
17.11.27.10 NMAC - N, 02-14-08