N.M. Admin. Code § 17.10.640.15

Current through Register Vol. 35, No. 20, October 22, 2024

Section 17.10.640.15 - EXEMPTION OR VARIANCE

A. A utility may file a written application for an exemption or variance from this rule or its approved PGAC, which shall be verified by an officer of the utility. The utility's application for an exemption or variance shall:

(1) describe the need for a variance;

(2) set out the effect of complying with this rule or the approved PGAC on the utility and its customers as a result of the condition;

(3) identify any section of this rule or the approved PGAC for which the exemption or variance is requested;

(4) define the result which the request will have if granted;

(5) state how the exemption or variance will meet the objectives of this rule; and

(6) state why the requested relief is a reasonable alternative.

B. A utility filing an application for an exemption or variance shall contemporaneously with such filing mail copies of such application to the attorney general and the intervenors in the utility's most recent general rate case.

C. An application by any utility for an exemption or a variance shall stay the application of the affected portion of this rule or its PGAC for that utility for a period of sixty (60) days from the filing of the request, during which time the commission may grant or deny the exemption or variance, require that the utility file additional information in support of the request, or set the matter for hearing. The stay shall be extended automatically if the commission has not taken the above-noted action within sixty (60) days after the filing of the application for variance or exemption.

N.M. Admin. Code § 17.10.640.15

17.10.640.15 NMAC - N, 3-15-04