N.M. Admin. Code § 17.9.540.9
Current through Register Vol. 35, No. 21, November 5, 2024
Section 17.9.540.9 - FILINGS BY COOPS PROPOSING A NEW RATE OF RATESA. A coop which has complied with NMPSC Rule 540.8 [17.9.540.13 NMAC] below shall file with the Commission a schedule proposing a new rate or rates together with an affidavit describing how the notice required by NMPSC Rule 540.8 [17.9.540.13 NMAC] has been made, to which affidavit is annexed a copy of the notice. The filing shall be in accordance with NMPSC Rule 210 [17.1.210 NMAC] except that NMPSC Rule 210.14 [Subsection C of 17.9.210.10 NMAC] (entitled "Additional Information as to Effect of Proposed Rates") and NMPSC Rule 210.13(b) [Paragraph 2 of Subsection B of 17.9.210.10 NMAC] (relating to filing of testimony) thereof shall not be applicable. The filing shall become effective: (1) on the date set forth in the Advice Notice, that date being no less than thirty (30) days after such filing;(2) on any date the coop subsequently agrees to;(3) on the day following the entry of an order by the Commission determining that just cause does not exist for reviewing the proposed rate or rates pursuant to NMPSC Rule 540.7(c) [Subsection C of 17.9.540.12 NMAC]; or(4) if the Commission determines there is just cause for review pursuant to NMPSC Rule 540.7 [17.9.540.12 NMAC], in accordance with subsections C and D of NMSA 1978, Section 62-8-7.B. A coop shall submit with its filing: (1) the coop's most recent REA Form 7;(2) a proof of revenue statement for each class of customers to which the new rate or rates apply;(3) a statement comparing the new rate or rates with the present rate or rates, which statement shall contain the information required in NMPSC Rule 540.8(b)(3) [Paragraph 3 of Subsection B of 17.9.540.13 NMAC]; and(4) a brief statement explaining what has caused the need for the rate adjustment.C. A coop may, but is not required to, include in its filing any data, exhibits, illustrations, prepared testimony, or written argument which is pertinent to the schedule proposing a new rate or rates. Whether or not a coop includes such matters in its filing does not affect its duty to furnish prepared testimony and exhibits if ordered under NMPSC Rule 540.7(d) [Subsection D of 17.9.540.12 NMAC]. Any testimony and exhibits included in the coop's filing shall conform to the requirements of NMPSC Rule 110 [17.1.2 NMAC].D. Failure to abide by the requirements set forth or incorporated by reference herein shall be deemed grounds for rejection of the filing.E. Rates which have been filed and which by operation of law have become effective without hearing by the Commission shall not be construed to bear the approval of the Commission but may be subject to inquiry by the Commission at any time.N.M. Admin. Code § 17.9.540.9