N.M. Admin. Code § 17.9.540.10
Current through Register Vol. 35, No. 17, September 10, 2024
Section 17.9.540.10 - PROTESTS BY COOP MEMBERSA. Any member of the coop may protest the proposed rate or rates by filing a protest in accordance with the requirements of NMPSC Rule 540.6 [17.9.540.11 NMAC] upon the filing of the schedule proposing the new rate or rates. Protests must be filed no later than twenty (20) days after the coop files the schedule. The term "member" herein shall mean each incorporator of a coop and each person admitted to and retaining membership therein and shall include a husband and wife admitted to a joint membership.B. In order to determine whether just cause may exist for review pursuant to NMPSC Rule 540.7 [17.9.540.12 NMAC], the Commission will ordinarily consider among other matters whether a protestant has exhausted remedies within the coop or the coop has unreasonably rejected the protestant's objections to the new rate or rates. Therefore, a member should present his objections to the coop in writing and allow the coop a reasonable period to attempt a resolution of or otherwise respond to those objections. A period of seven (7) days after receipt of written objections will be deemed reasonable for the coop to provide a written response to the member, but a written response is not required if such time period extends beyond the date specified in Subsection A. above. The Commission expects the coop and its member to make a good faith effort to resolve the member's objections to the proposed rate or rates during that period of time.N.M. Admin. Code § 17.9.540.10