N.M. Admin. Code § 17.13.970.14

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

Section 17.13.970.14 - RESPONSE TO PROTEST

A. Response with leave of commission. No response to the substance of a protest filed with the commission is permitted except by leave of the commission or hearing examiner.

B. Challenge to validity of protest petition. The utility whose proposed rates are being protested may challenge the validity of the protest petition within ten (10) days of the filing of the petition.

(1) The challenge shall be made by motion conforming with the requirements of 17.1.2 NMAC and served upon each of the protestants.

(2) The motion shall be accompanied by affidavits and a brief in support of the motion, which shall also be served upon the protestants.

C. Protestants to establish validity of protest petition. If a protest is challenged by motion of the utility made in accordance with17.13.970.14 NMAC, the commission or hearing examiner may direct the protestants to verify their status as ratepayers of the utility or otherwise establish the validity of the protest petition.

D. Invalid protest petitions. If the commission or hearing examiner determines that the protest petition is invalid, the commission or hearing examiner shall take such action as is deemed appropriate, including, but not limited to, dismissal of the protest.

E. Ruling on protest. The commission shall determine the validity of any challenged protest prior to a commission determination that just cause exists to review the proposed rate or rates.

N.M. Admin. Code § 17.13.970.14

17.13.970.14 NMAC - Rp, NMPSC Rule 970.8, 7/31/2007