N.M. Code R. § 17.12.810.9 - FILINGS BY WATER AND SANITATION DISTRICTS PROPOSING NEW RATES

A. A water and sanitation district shall propose new rates by filing the rates with the New Mexico public service commission [public regulation commission], accompanied by an advice notice notifying the commission of the district's intent to implement the new rates by a certain date, which may not be less than forty-five (45) days after the filing of the advice notice, and accompanied by an affidavit describing how the notice required by 17.12.810.10 NMAC has been given to the district's taxpayer-electors, to which affidavit is annexed a copy of the notice.

B. The district shall submit with its filing:

(1) a statement of the present rates, the proposed rates and the percentage difference between the present and proposed rates for each customer class and the number of customers to which the rates apply within each class;

(2) a copy of the resolution of the district's board of directors containing the board's decision to propose new rates; and

(3) a brief statement explaining what has caused the need for the rate adjustment unless contained in the board's resolution.

C. The filing shall be in accordance with NMPSC Rule 210 [now 17.1.210 NMAC] except that NMPSC Rule 210.13(b) [now Paragraph (2), Subsection B of 17.1.210.11 NMAC] relating to direct testimony and NMPSC Rule 210.14 [now Subsection C of 17.1.210.11 NMAC] relating to additional information requirements and NMPSC Rule 210.24 [now Subsection D of 17.1.210.12 NMAC] relating to filing fees thereof shall not be applicable. No fees shall be required of water and sanitation districts when proposing new rates in accordance with this 17.12.810.9 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. The rates proposed in accordance with the provisions of Subsection A above shall become effective on the date set forth in the advice notice unless a protest is filed under 17.12.810.11 NMAC. In case of such protest the rates shall become effective when approved by the commission or under 17.12.810.13 NMAC below upon dismissal of the protest. Rates which become effective by operation of law without hearing by the commission shall not be construed to bear the approval of the commission.

Notes

N.M. Code R. § 17.12.810.9

6/30/88; 10/21/91; 17.12.810.9 NMAC - Rn, NMPSC Rule 810.4, 7-31-07