N.M. Admin. Code § 17.9.540.12
Current through Register Vol. 35, No. 17, September 10, 2024
Section 17.9.540.12 - COMMISSION PROCEDURE UPON RECEIPT OF A PROTESTA. Upon receipt of a protest which is in substantial compliance with these procedural rules the Commission shall determine whether or not there is just cause for reviewing the proposed rate or rates on one or more of the grounds of the protest.B. The Commission or the presiding officer in the cause may notice a pre-hearing conference in order to obtain further information from either the protestant or the coop in aid of the just cause determination.C. If the Commission determines that just cause does not exist for reviewing the proposed rate or rates or that all protests have been withdrawn by the protestants, the Commission shall enter an order so stating and providing the basis for such determination. The Commission shall serve the order on the protestants and to the coop.D. If a determination is made that there is just cause for review the Commission or presiding officer shall issue an order noticing the proposed rate or rates for hearing and stating the issue or issues to be heard. Either this order or subsequent orders shall prescribe:(1) the manner of any further notice to ratepayers or the public, the cost of which shall be borne by the coop;(2) a deadline for the filing of motions to intervene under the intervention provisions of NMPSC Rule 110 [17.1.2 NMAC];(3) directions to the parties and, to the extent the Commission or presiding officer may deem helpful, to the Commission Staff to file written testimony and exhibits; and(4) the time and place of the hearing.N.M. Admin. Code § 17.9.540.12