N.M. Admin. Code § 17.9.540.13

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

Section 17.9.540.13 - NOTICE TO CUSTOMERS PRIOR TO FILING OF PROPOSED RATES

A. At least thirty (30) days prior to filing a schedule proposing a new rate or rates a coop shall give, by mailing with billings or independently or by publication in the enchantment (in the case of coops subscribing thereto), written notice to affected customers. For this purpose all customers of the coop shall be considered to be affected customers unless the Commission, upon motion made by the coop, directs otherwise.

B. The notice shall include the following information:

(1) the amount of the increase requested in both dollar amounts and percentage increase;

(2) the customer classifications to which the new rate or rates apply;

(3) the present rates and the proposed rates for each customer class and the number of customers in each customer class to which those proposed rates would apply and, for residential customers without demand meters, the present rates, the proposed rates, and the percentage difference between the present bill and the anticipated bill for each of the following levels of consumption-0 kwh, 250 kwh, 500 kwh, 750 kwh, 1,000 kwh and 2,000 kwh;

(4) the date on which the coop intends to file with the Commission the schedule proposing the new rate or rates;

(5) a statement that the coop will promptly notify a member of the date on which it actually files the schedule proposing the new rate or rates if the member so requests;

(6) a statement that the new rate or rates will go into effect automatically and without hearing by the Commission unless one or more members of the coop file a protest with the Commission no later than twenty (20) days after the coop has filed the schedule proposing the new rate or rates and the Commission determines there is just cause for reviewing the proposed rate or rates on one or more of the grounds of the protest AND A STATEMENT IN ALL CAPITAL LETTERS THAT IF A HEARING IS HELD BY THE PUBLIC SERVICE COMMISSION [PUBLIC REGULATION COMMISSION] ANY COSTS INCURRED BY THE UTILITY MAY BE INCLUDED IN THE UTILITY'S FUTURE RATES, FOLLOWING THE UTILITY'S NEXT RATE CASE;

(7) a statement that the procedures for protesting a proposed rate or rates are set forth in NMPSC Rule 540 [17.9.540 NMAC], a copy of which can be obtained upon request from or inspected at either the main office of the coop or the offices of the Commission in Santa Fe, that forms for protests are available from either the coop or the Commission, and indicating the telephone numbers and addresses of both the coop and the Commission;

(8) a statement that before filing a protest a coop member should attempt to resolve any grievance within the coop by presenting his objections to the coop in writing and allowing the coop at least seven (7) days in which to attempt a resolution or otherwise respond;

(9) a statement that any interested person may examine the rate filings together with any exhibits and related papers that may be filed at any time at the main office of the coop or on or after the date of filing at the offices of the Commission in Santa Fe; and

(10) a statement that further information may be obtained by contacting the coop or the Commission.

C. The coop shall submit a copy of the form of notice to the Commission for approval at least fifteen (15) days prior to giving notice to customers. If the Commission does not disapprove the form of notice within five (5) working days of submission of the notice the form will be deemed approved.

D. Failure to comply with this section shall be deemed grounds for rejection of the filing proposing a new rate or rates.

N.M. Admin. Code § 17.9.540.13

Recompiled 12/30/01