N.M. Admin. Code § 17.10.640.14 - EXTRAORDINARY CIRCUMSTANCES

Notwithstanding the provisions of this rule and specifically Subsection C of 17.10.640.12 NMAC, the commission may direct the utility to alter its collections through the PGAC as provided herein.

A. Under-collection or over-collection situation. The utility may apply to the commission or the commission may order a hearing on its own motion whenever the utility or the commission has good reason to believe, on the basis of information available to it at the time, that the presently effective gas cost factor or the gas cost factor adjustment proposed in any gas cost factor statement filed pursuant to Subsection D of 17.10.640.12 NMAC would result in a substantial under-collection or over-collection of revenue.

B. Substantial gas cost factor adjustments. The utility may apply to the commission or the commission may order a hearing on its own motion whenever the utility or the commission becomes aware of an extraordinary circumstance under which the gas cost factor adjustment calculated in accordance with this rule will result in a substantial change in the level of the PGAC in the following billing period and excessive fluctuations in the gas cost factor adjustments for future billing periods.

C. Mitigation of concerns. After notice and hearing, the commission may order the utility to place in effect, for such period of time as the commission may direct, a specified increase or decrease in the amount of the gas cost factor or take any other action appropriate to the public interest to mitigate the concerns identified in Subsections A and B of this section.

Notes

N.M. Admin. Code § 17.10.640.14

17.10.640.14 NMAC - N, 3-15-04