N.M. Admin. Code § 17.9.540.11
Current through Register Vol. 35, No. 17, September 10, 2024
Section 17.9.540.11 - FORM AND FILING OF PROTESTA. Contents of Protest: Protests to the Commission must be in writing and shall be signed by the member or members submitting the protest or by their attorney. All protests shall contain the following:(1) the name, mailing address, and phone number of each member protesting the proposed rate or rates, and the name, mailing address, and phone number of each member's attorney, if any;(2) the name of the coop proposing the rate or rates and identification of the proposed rate or rates being protested;(3) a clear and concise statement of the effect of the proposed rate or rates on the protestant;(4) a clear and concise statement of the specific grounds upon which the protestant believes the proposed rate or rates are unjust, unreasonable, or otherwise unlawful;(5) a brief description of the member's efforts to resolve his objections directly with the coop; and(6) a clear and concise statement of the relief the protestant seeks from the Commission.(7) All protests shall show the caption of the proceeding and the docket number and shall be titled "Protest." Whenever possible, protests shall be typed and double-spaced, shall be on paper 8 1/2 inches wide and 11 inches long, and fastened only on the left side.B. Use of Commission Form: A protestant may, but is not required to, use the Commission's form for protests. The coop shall make copies of the Commission's form available to its members upon request.C. Attachments Required: The protestant must attach to the protest copies of any written objections the protestant presented to the coop and any response made by the coop under NMPSC Rule 540.5(b) [Subsection B of 17.9.540.10 NMAC]. If the protestant did not present his objections to the coop before filing the protest or if the coop did not respond to objections presented to it, the protestant shall so state in the protest.D. Additional Information Permitted: The protestant may, but is not required to, file with the protest any data, exhibits, illustrations, prepared testimony, or written argument which is pertinent to the grounds of the protest and which may aid the Commission in its consideration of the protest under NMPSC Rule 540.7 [17.9.540.12 NMAC].E. Certificate of Service: The protestant shall serve copies of the protest and any accompanying documents on the coop whose proposed rate or 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 must be included in or attached to the protest at the time of filing with the Commission.F. Number of Copies Required: At the time of filing the protestant shall provide the Commission with an original plus ten (10) copies of the protest and any accompanying documents unless the Commission directs otherwise.G. Date of Filing: If a protest is submitted to the Commission before the coop has filed its proposed rate or rates, the protest shall be deemed filed as of the date of the coop's filing.H. Response Not Permitted: No response to a protest filed with the Commission is permitted except by leave of the Commission or presiding officer. Notwithstanding the foregoing, if the protestant has not presented an objection to the coop in accordance with NMPSC Rule 540.5(b) [Subsection B of 17.9.540.10 NMAC] the coop may, and is encouraged to, initiate communications with the protestants to determine if there is a negotiated basis for withdrawal of the protest and may, with notice to the protestant, disclose such an effort and its results to the Commission or presiding officer.N.M. Admin. Code § 17.9.540.11