N.M. Admin. Code § 17.5.410.33

Current through Register Vol. 35, No. 23, December 10, 2024

Section 17.5.410.33 - REQUIREMENTS PRIOR TO DISCONTINUANCE OF SERVICE PURSUANT TO SUBSECTION B OF 17.5.410.31 NMAC

Each utility shall file a tariff for its residential customer service that shall include the following minimum standards for discontinuance of utility services with standardized languages as provided below.

A. Fifteen-day notice. At least fifteen (15) days before a utility discontinues service to a residential customer, the utility shall provide written notice to the residential customer stating its intent to discontinue service and setting forth the residential customer's rights regarding discontinuance of service, budget payment plans, and installment agreements. The notice shall be in English and Spanish. The notice shall be delivered to the residential customer in person, by U.S. mail, postage prepaid, addressed to the last address for the residential customer known to the utility, or by electronic mail if a residential customer has elected to receive electronic billing.

(1) Notwithstanding the provisions of Paragraph (3) of Subsection C of 17.5.410.31 NMAC a fifteen-day notice shall contain:

(a) the title, address, telephone number, and working hours of utility personnel responsible for administering the procedures in this section;

(b) a statement that "if the past due balance on your account has been paid, please disregard this notice";

(c) a statement that "to avoid disconnection we must receive your past due balance of ($__.__) no later than (month/day/year), or payment arrangements must be made; please see the enclosed notice for more information";

(d) a statement in both English and Spanish of "customers' rights and responsibilities" set forth in 17.5.410.42 NMAC, and a utility can choose the method of enclosing the required statement of "customers' right and responsibilities".

(2) Notice of winter moratorium protection. At a minimum, during the heating season, each utility shall notify its residential customers who have not been previously qualified for protection under the provisions of the winter moratorium of their rights set forth in this rule and in the format required by this rule.

(3) The 15-day notice shall include specific notice that the utility will not discontinue utility service if the residential customer provides the utility either of the following:

(a) documentation for winter moratorium protection in accordance with this rule; or

(b) valid medical and financial certification forms pursuant to this rule.

B. Final notice. Each utility shall communicate with a residential customer by telephone, mail if delivery to the residential service address can be verified, or personal contact at least two (2) days prior to the specific date of discontinuance of service to: remind the residential customer of the pending date of discontinuance of service; advise the residential customer again of the potential availability of financial assistance for utility service payments; obtain payment of delinquent accounts; and during the heating season, provide a reminder of the protection under the moratorium.

(1) The utility shall have up to five (5) business days from the specific date to perform the disconnection of services or be required to reissue a final notice pursuant to this subsection.

(2) The utility employee who personally contacts a residential customer and the utility employee sent to discontinue utility services shall note any information from the residential customer that a person living in the residential customer's residence is seriously or chronically ill. Such information shall immediately be reported to a utility employee authorized to prevent discontinuance. That employee shall either delay the discontinuance if it is apparent that the forms required by this rule will be received, or state in writing why discontinuance of service will not be delayed.

(3) However, a utility is not required to delay discontinuance of service pursuant to Paragraph (2) of Subsection B of 17.5.410.33 NMAC for more than two (2) times within a twelve-month period. The utility and utility employee shall be held harmless for errors made in good faith in noting, acting upon, or failing to act upon the information provided by the residential customer.

(4) A utility may use reasonable means to verify the accuracy of information on a medical or financial certification form.

(5) The utility employee sent to discontinue utility service may be empowered to receive payment of delinquent bills, and upon receipt of approved payment method, shall cancel the discontinuance order.

(6) A utility shall not issue a final notice of discontinuance of service to a residential customer when the utility has received notice that actual termination is prohibited by law.

C. Third-party notification: Each utility shall offer its residential customers a third-party notification program and shall notify residential customers that such program is available. The utility shall extend the third-party notification program to those residential customers who notify the utility in writing of their desire to participate in the program and designate a specific person, organization, or governmental agency that is ready, willing, and able to assist the residential customer with the payment of utility bills. Upon receipt of such notice from a residential customer, a utility shall not discontinue service to a participating residential customer for nonpayment of past due charges without:

(1) contacting the designated person, organization, or governmental agency by phone or in writing at least fifteen (15) days prior to the proposed discontinuance of service; and

(2) determining that the designated person, organization, or governmental agency has not made a commitment to assist with payment of the residential customer's past due charge within a reasonable period of time.

D. Timing of discontinuance of service. A utility may discontinue service to a residential customer during the hours from 7:30 a.m. to 4:00 p.m. on Monday through Thursday. A utility may not discontinue service less than twenty-four (24) hours prior to a holiday or weekend unless the utility's business office is open for receipt of payment of past due charges and utility personnel are available to restore service during the holiday or weekend once payment is received.

N.M. Admin. Code § 17.5.410.33

17.5.410.33 NMAC - Rp, 17.5.410.31 NMAC, 7-1-11