N.M. Admin. Code § 17.11.27.10 - VARIANCES AND EXEMPTIONS

Any ETC may petition the commission for a variance or exemption from any provision of this rule for good cause shown.

A. General requirements:

(1) any ETC may petition for a variance or exemption from any of the requirements of this rule;

(2) such petition may include a motion that the commission stay the affected portion of this rule for the transaction specified in the motion;

(3) petitions for a variance or exemption and motions for a stay must be supported by an affidavit signed by an officer of the ETC or someone with authority to sign for the ETC;

(4) the commission may, at its discretion, require an informal conference or formal evidentiary hearing prior to making its determination.

B. Contents of the petition: a petition for a variance or exemption shall:

(1) identify the section of this rule for which the variance or exemption is requested;

(2) describe the situation which necessitates the variance or exemption;

(3) describe the effect of complying with this rule on the ETC and its customers, or on its competitive affiliates and their customers, if the variance or exemption is not granted;

(4) describe the result the request will have if granted;

(5) state why the proposed alternative is in the public interest and is a better alternative than that provided by this rule;

(6) state why the variance or exemption would have no anticompetitive effect.

Notes

N.M. Admin. Code § 17.11.27.10

17.11.27.10 NMAC - N, 02-14-08