N.M. Admin. Code § 17.13.970.2

Current through Register Vol. 35, No. 21, November 5, 2024

Section 17.13.970.2 - SCOPE

This part governs the filing and review of changes in rates proposed by small sewer utilities as defined by Section 62-8-7.1 A NMSA 1978 (2005).

A. Exception for 50 percent or more rate increase proposal for small sewer utilities with 1,500 or fewer service connections. The provisions of 17.13.970.1 NMAC through 17.13.970.16 NMAC shall not apply to small sewer utilities, as defined by Section 62-8-7.1 A NMSA 1978, if any of the criterion in Paragraphs (1), (2), (3) or (4) below apply. When any criterion listed below applies, Section 62-8-7 NMSA 1978 and 17.1.2.53 NMAC relating to the application for new rates shall apply to the filing and review of a proposed rate or rates by a small sewer utility.

(1) A proposed rate increase would increase the utility's revenue requirement fifty (50) percent or more over a twelve (12) month period.

(2) A proposed rate increase would increase any rate for any customer class for any given level of consumption fifty (50) percent or more over a twelve (12) month period.

(3) A utility proposes to increase a seasonally-adjusted rate and that increase would result in an increase in the rate of fifty (50) percent or more.

(4) A utility proposes to institute a rate where no rate had existed previously.

B. Exception for more than an 8 percent rate increase proposal for small sewer utilities with more than 1,500 but less than 5,000 service connections. The provisions of 17.13.970.1 NMAC through 17.13.970.16 NMAC shall not apply to small sewer utilities, as defined by Section 62-8-7.1 A NMSA 1978, if any of the criterion in Paragraphs (1), (2), (3) or (4) below apply. When any criterion listed below applies, Section 62-8-7 NMSA 1978 and 17.1.2.53 NMAC relating to application for new rates shall apply to the filing and review of a proposed rate or rates by a small sewer utility.

(1) A proposed rate increase would increase the utility's revenue requirement by more than eight (8) percent over a twelve (12) month period.

(2) A proposed rate increase would increase any rate for any customer class for any given level of consumption by more than eight (8) percent over a twelve (12) month period.

(3) A utility proposes to increase a seasonally-adjusted rate and that increase would result in an increase in the rate of more than eight (8) percent over a twelve (12) month period.

(4) A utility proposes to institute a rate where no rate had existed previously.

C. A rate application by a small sewer utility shall comply with the provisions of 17.1.2.53 NMAC if any of the criteria listed in 17.13.970.2 NMAC applies.

N.M. Admin. Code § 17.13.970.2

17.13.970.2 NMAC - Rp, NMPSC Rule 970, 7/31/2007