N.M. Admin. Code § 17.5.410.40

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

Section 17.5.410.40 - INSTALLMENT AGREEMENTS

A. A utility shall attempt to arrange an installment agreement for the payment of past due charges when a residential customer who has not been chronically delinquent indicates an inability to pay the charges. Service will not be discontinued if, on or before the specific date for discontinuance, the residential customer enters into an installment agreement with the utility. The utility may also maintain a list of organizations in the area that may provide assistance to residential customers in paying utility bills and shall notify residential customers that application forms for LIHEAP are available upon request and at its billing offices. Utilities are encouraged to refer low-income assistance inquiries to the administering authority consistent with Subsection A of 17.410.41 NMAC.

B. A utility is not required to enter into an installment agreement with a chronically delinquent residential customer. However, if a chronically delinquent residential customer can demonstrate to the utility that the residential customer does not have adequate financial resources to pay the outstanding bill without participation in an installment agreement because the residential customer meets the qualifications of LIHEAP, or is subject to other special circumstances, the utility shall give special consideration to such a residential customer in determining whether to offer an installment agreement. In making such determination, a utility shall accept documentation from the administering authority that such residential customer meets the qualifications of LIHEAP.

C. Every installment agreement shall provide that service will not be discontinued if the residential customer pays a reasonable portion of the outstanding bill when terms of the installment agreement are reached and agrees to pay the remaining outstanding balance in reasonable installments until the bill is paid. For purposes of determining reasonableness the parties shall weigh the following:

(1) the size of the outstanding balance;

(2) the residential customer's ability to pay;

(3) the residential customer's payment history;

(4) the time the balance has been outstanding;

(5) the reasons why the balance has been outstanding;

(6) a six month installment agreement for residential customers with significant arrearages; and

(7) any other relevant factors relating to the residential customer's service.

D. An installment agreement to pay an outstanding past due balance on a bill does not relieve the residential customer from the obligation to pay future bills on a current basis.

E. If the residential customer has entered into an installment agreement as provided by this rule, the residential customer shall receive a statement of:

(1) the actual service charges incurred for the current billing period;

(2) the amount of the installment payment due; and

(3) the total amount due (sum of (1) and (2)).

F. A residential customer may offer the utility a proposed installment agreement or a proposed change in the terms of an existing installment agreement. If the utility and the residential customer do not reach an agreement, the utility may refuse the offer orally and shall note in that residential customer's records the reason for refusal and what special consideration was given for residential customers who meet the qualifications of LIHEAP. Upon final refusal, the utility also shall provide oral notice of the right of the residential customer to appeal the refusal to the commission.

N.M. Admin. Code § 17.5.410.40

17.5.410.40 NMAC - Rp, 17.5.410.40 & 41 NMAC, 7-1-11