N.M. Admin. Code § 17.9.590.12
Current through Register Vol. 35, No. 23, December 10, 2024
Section 17.9.590.12 - RATE SCHEDULEA. A utility or a person subject to the Commission's regulation pursuant to NMSA 1978, Section 62-6-4(B), shall not provide, and a customer or a utility which receives wholesale service the charges for which are regulated pursuant to NMSA 1978, Section 62-6-4(B), shall not accept, service under an economic development rate until the utility or such person has filed an economic development rate schedule and the rate schedule shall have become effective in accordance with the Public Utility Act. Wholesale economic development rates which are subject to the Commission's regulation shall not make or grant any unreasonable preference or advantage to a purchasing utility within any classification, or subject any purchasing utility within any classification to any unreasonable prejudice or disadvantage.B. The rates charged under any service agreements involving economic development rates that are executed on or after the effective date of this Rule shall be as set forth in the economic development rate schedule on file with the Commission.C. The fuel and purchased power adjustment charge in any economic development rate schedule shall be the same as those in the rate schedule that would be otherwise applicable to the participating customer.D. Economic development rates shall be filed with the Commission for approval. In addition to an explanation of the operations of the tariff and the situations for which it applies, the applicant shall show that the tariff complies fully with the requirements of its filing for tariffs as described in this rule. Since economic development rates represent a decrease from tariffs currently on file with the Commission, the requirements of NMPSC Rule 530 [17.5.530 NMAC] shall not apply to economic development rate tariffs. The economic development tariff shall become effective after 30 days unless the Commission suspends the filing pursuant to NMSA 1978, Section 62-8-7. In the event the Commission suspends the filing, the utility shall have the option within ten days of the suspension date to withdraw the suspended filing without prejudice.N.M. Admin. Code § 17.9.590.12