N.M. Admin. Code § 17.5.410.33 - REQUIREMENTS PRIOR TO DISCONTINUANCE OF SERVICE PURSUANT TO SUBSECTION B OF 17.5.410.31 NMAC
Each utility shall file a tariff for its residential customer service that shall include the following minimum standards for discontinuance of utility services with standardized languages as provided below.
A.
Fifteen-day notice. At least
fifteen (15) days before a utility discontinues service to a residential
customer, the utility shall provide written notice to the residential customer
stating its intent to discontinue service and setting forth the residential
customer's rights regarding discontinuance of service, budget payment plans,
and installment agreements. The notice shall be in English and Spanish. The
notice shall be delivered to the residential customer in person, by U.S. mail,
postage prepaid, addressed to the last address for the residential customer
known to the utility, or by electronic mail if a residential customer has
elected to receive electronic billing.
(1)
Notwithstanding the provisions of Paragraph (3) of Subsection C of
17.5.410.31 NMAC a fifteen-day
notice shall contain:
(a) the title, address,
telephone number, and working hours of utility personnel responsible for
administering the procedures in this section;
(b) a statement that "if the past due balance
on your account has been paid, please disregard this notice";
(c) a statement that "to avoid disconnection
we must receive your past due balance of ($__.__) no later than
(month/day/year), or payment arrangements must be made; please see the enclosed
notice for more information";
(d) a
statement in both English and Spanish of "customers' rights and
responsibilities" set forth in
17.5.410.42 NMAC, and a utility
can choose the method of enclosing the required statement of "customers' right
and responsibilities".
(2)
Notice of winter moratorium
protection. At a minimum, during the heating season, each utility shall
notify its residential customers who have not been previously qualified for
protection under the provisions of the winter moratorium of their rights set
forth in this rule and in the format required by this rule.
(3) The 15-day notice shall include specific
notice that the utility will not discontinue utility service if the residential
customer provides the utility either of the following:
(a) documentation for winter moratorium
protection in accordance with this rule; or
(b) valid medical and financial certification
forms pursuant to this rule.
B.
Final notice. Each utility
shall communicate with a residential customer by telephone, mail if delivery to
the residential service address can be verified, or personal contact at least
two (2) days prior to the specific date of discontinuance of service to: remind
the residential customer of the pending date of discontinuance of service;
advise the residential customer again of the potential availability of
financial assistance for utility service payments; obtain payment of delinquent
accounts; and during the heating season, provide a reminder of the protection
under the moratorium.
(1) The utility shall
have up to five (5) business days from the specific date to perform the
disconnection of services or be required to reissue a final notice pursuant to
this subsection.
(2) The utility
employee who personally contacts a residential customer and the utility
employee sent to discontinue utility services shall note any information from
the residential customer that a person living in the residential customer's
residence is seriously or chronically ill. Such information shall immediately
be reported to a utility employee authorized to prevent discontinuance. That
employee shall either delay the discontinuance if it is apparent that the forms
required by this rule will be received, or state in writing why discontinuance
of service will not be delayed.
(3)
However, a utility is not required to delay discontinuance of service pursuant
to Paragraph (2) of Subsection B of
17.5.410.33 NMAC for more than two
(2) times within a twelve-month period. The utility and utility employee shall
be held harmless for errors made in good faith in noting, acting upon, or
failing to act upon the information provided by the residential
customer.
(4) A utility may use
reasonable means to verify the accuracy of information on a medical or
financial certification form.
(5)
The utility employee sent to discontinue utility service may be empowered to
receive payment of delinquent bills, and upon receipt of approved payment
method, shall cancel the discontinuance order.
(6) A utility shall not issue a final notice
of discontinuance of service to a residential customer when the utility has
received notice that actual termination is prohibited by law.
C.
Third-party
notification: Each utility shall offer its residential customers a
third-party notification program and shall notify
residential customers that such program is available. The utility shall extend
the third-party notification program to those residential customers who notify
the utility in writing of their desire to participate in the program and
designate a specific person, organization, or governmental agency that is
ready, willing, and able to assist the residential customer with the payment of
utility bills. Upon receipt of such notice from a residential customer, a
utility shall not discontinue service to a participating residential customer
for nonpayment of past due charges without:
(1) contacting the designated person,
organization, or governmental agency by phone or in writing at least fifteen
(15) days prior to the proposed discontinuance of service; and
(2) determining that the designated person,
organization, or governmental agency has not made a commitment to assist with
payment of the residential customer's past due charge within a reasonable
period of time.
D.
Timing of discontinuance of service. A utility may discontinue
service to a residential customer during the hours from 7:30 a.m. to 4:00 p.m.
on Monday through Thursday. A utility may not discontinue service less than
twenty-four (24) hours prior to a holiday or weekend unless the utility's
business office is open for receipt of payment of past due charges and utility
personnel are available to restore service during the holiday or weekend once
payment is received.
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