N.M. Admin. Code § 17.13.970.13

Current through Register Vol. 35, No. 17, September 10, 2024

Section 17.13.970.13 - FORM AND FILING OF PROTEST

A. Contents of protest. Protest petitions to the commission shall be in writing, and signed by each of the ratepayers submitting the protest. All protests shall contain the following:

(1) the name of the utility whose proposed rates are being protested and identification of the rate or rates being protested;

(2) the name, mailing address, and phone number of each ratepayer protesting the proposed rates and the name, mailing address, and phone number of each ratepayer's attorney, if any; and

(3) a caption of the proceeding, a space for the docket number, and the title "Protest."

B. Format. Whenever possible, protests shall be typed, double-spaced, and shall be on paper 8 1/2 inches wide and 11 inches long and fastened only to the left side.

C. Use of commission form. Protestants may use, but are not required to use, the commission's form for protests. The utility shall make copies of the commission's form available to its ratepayers upon request.

D. Additional information permitted. Protestants are strongly encouraged, but are not required, to file with the protest a statement or statements of their reasons for protesting the proposed rates as well as any data, exhibits, illustrations, prepared testimony, or written argument which may aid the commission in its determination of whether just cause exists to review the rates.

E. Certificate of service. The protestants shall serve copies of the protest and any accompanying documents on the utility whose proposed rates are being protested either by first class U.S. mail or by hand delivery. A certificate of service stating the date and manner of mailing or delivery shall be included in or attached to the protest at the time of filing with the commission.

F. Number of copies required. The protestants shall provide the commission with an original plus ten (10) copies of the protest and any accompanying documents at the time of filing unless the commission directs otherwise.

G. Date of filing. If a protest is submitted to the commission before the utility has filed the change in rate or rates, the protest shall be deemed filed as of the date of the utility's filing.

H. Ratepayers' status. Ratepayers who have submitted a protest under 17.13.970.13 NMAC will be deemed parties to any protest proceeding, but will not be deemed parties to a rate review proceeding. Intervention in a ratemaking proceeding will be determined under 17.1.2. NMAC.

N.M. Admin. Code § 17.13.970.13

17.13.970.13 NMAC - Rp, NMPSC Rule 970.7, 7/31/2007