N.M. Admin. Code § 17.1.210.11 - SUCCEEDING CHANGES AND ADDITIONS TO RATES, RULES, AND FORMS-MANNER AND EFFECT OF FILING
A. New
and Cancelled Rates, Rules, and Forms--How Shown:
(1) When any change is made in a Rate, Rule,
or Form, or any part thereof, a new Rate, Rule, or Form shall be filed and
attention shall be directed to the changes on the revised Rate, Rule, or Form
by placing an "X" at the right-hand border on the line which contains the
change (See Attachment A). When all or most of the Rates, Rules, or Forms are
to be changed, the "X" may be placed near the top of the page below the
schedule name with a notation to that effect.
(2) The new page shall bear the same Rate,
Rule, or Form number and pertain to the same character of service as the page
being replaced and shall take the place of and cancel the old one.
(3) Cancelled Rates, Rules, or Forms will not
be destroyed but will be removed at the time they become obsolete and
maintained as a separate subsection of the Schedule of Rates, Rules, and
Forms.
B. Advice Notice
and Filing of Testimony:
(1) Every new Rate,
Rule, or Form submitted to the Commission for filing shall be accompanied by an
original and four (4) copies of an "Advice Notice" listing the new Rates,
Rules, or Form numbers and titles proposed thereby together with the numbers of
all Rates, Rules, or Forms to be replaced in substantially the form set out in
Attachment B. Advice Notices shall be numbered consecutively beginning with No.
1. Except for filings made in accordance with and pursuant to NMPSC Rule 540
[17.9.540 NMAC], the utility shall serve a copy of the Advice Notice on the
Attorney General and all counsel of record and pro se parties in the utility's
last rate case at the time it files the Advice Notice with the Commission but
need not accompany the copy with testimony and exhibits. Every new Rate, Rule
or Form submitted the Commission for filing shall also be accompanied by a
certificate of service listing the recipients of the new Rate, Rule or Form and
accompanying Advice Notice.
(2) In
every case of a proposed change in rates the utility shall file together with
the Advice Notice direct testimony from every witness it intends to present in
support of the proposed rate change along with supporting exhibits in written
form intended to be introduced into evidence. Failure to abide by the
requirements set forth herein shall be deemed grounds for rejection of the
filing.
C. Additional
Information as to Effect of Proposed Rates: For the information of the
Commission and the public, but not to be or become part of the permanent
schedule on file, a concise statement shall accompany each Advice Notice of a
new or changed rate showing the anticipated reduction or increase in annual
revenue resulting therefrom, the number of customers in each rate class
affected or likely to be affected thereby, and the impact on customers at a
class average of consumption within each class as nearly as may be
calculated.
D. Corrections to
Filings: When typographical errors or incorrect Rate, Rule, Form, or Advice
Notice numbers or other anomalies inconsistent with the Commission's rules or
policy have been made in a filing, before such filing may be deemed complete
corrected pages shall be submitted to the Commission with a letter of
explanation.
E. Withdrawal of
Filings: Except as provided in NMPSC Rule 210.15 [Subsection D of
17.1.210.11 NMAC], a filing which
has been made with the Commission may not be withdrawn or changed in any manner
without the Commission's approval. Such approval may be granted by the
Commission in its discretion. Upon withdrawal all copies of the Advice Notice
and related Rates, Rules, or Forms shall be returned to the utility, and the
Advice Notice numbers and Rate, Rule, or Form numbers shall be considered as
never having been filed. The numbers withdrawn will therefore be available for
use by the utility in its subsequent submissions. If a utility withdraws its
filing after a hearing has been held on it, the Commission may recover costs
against the party withdrawing the filing. The withdrawal of a filing after
hearing shall be accompanied by an affidavit setting forth the reasons the
filing should be withdrawn. This section shall not apply to filings ordered
withdrawn after hearing or for any other reason ordered by the
Commission.
F. Incomplete Filings:
Filed Rates, Rules, or Forms which do not conform to the requirements specified
in NMPSC Rule 210 [17.1.210 NMAC] shall not be determined complete until all
requirements are met. In the event such filings are found to be incomplete, the
Commission shall advise the filing utility of the deficiency of the filing
within thirty (30) days of receipt and will hold the Rates, Rules, or Forms for
a reasonable time until the additional information required or necessary
corrections have been provided. All applications for a change in rates will be
considered incomplete unless accompanied by an Advice Notice, direct testimony,
exhibits, and appropriate filing fee as required by NMPSC Rules 210.17 and
210.13 [Subsections F and B of
17.1.210.11 NMAC]. No statutory
deadline shall begin to be computed until the filing has been determined
complete after notification to the utility of any deficiencies.
G. Completed Filings: Submitted incomplete
Rates, Rules, or Forms shall be deemed to have been completed and acceptable
when all required information and necessary corrections have been received by
the Commission.
H. Rejection of
Filings: Rates, Rules, or Forms which are not in substantial compliance with
Commission rules, orders, or applicable statutes may be rejected. If rejected
they will be returned with an indication of the deficiencies therein. Filed
Rates, Rules, or Forms which have been rejected shall not be entered on the
Commission's docket. Acceptance of a document for filing is not a determination
that the document complies with all requirements of the Commission and is not a
waiver of such requirements.
I.
Pre-filing Review: As a means of facilitating the filing procedure for both the
public utility and the Commission and to avoid misunderstanding and delay due
to rejection, a draft copy of new or revised Rates, Rules, or Forms may be
submitted to the Commission informally as a " Proposed Filing" for preliminary
review by Commission staff. The staff's comments will be given to the utility
prior to formal filing but shall in no way constitute approval by the
Commission as to the reasonableness or lawfulness of any proposed Rates, Rules,
or Forms.
Notes
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