N.M. Admin. Code § 17.12.770.2 - SCOPE
This part governs the filing and review of changes in rates proposed by small water utilities as defined by Section 62-8-7.1 A NMSA 1978 (2005).
A.
Exception for 50
percent or more rate increase proposal for small water utilities with 1,500 or
fewer service connections. The provisions of
17.12.770.1 NMAC through
17.12.770.16 NMAC shall not apply
to small water utilities, as defined by Section
62-8-7.1(B) NMSA
1978, if any of the criterion in Paragraphs (1), (2), (3) or (4) below apply.
When any criterion listed below applies, Section
62-8-7 NMSA 1978 and 17.1.2.53
NMAC relating to the application for new rates shall apply to the filing and
review of a proposed rate or rates by a small water utility.
(1) A proposed rate increase would increase
the utility's revenue requirement fifty (50) percent or more over a twelve (12)
month period.
(2) A proposed rate
increase would increase any rate for any customer class for any given level of
consumption fifty (50) percent or more over a twelve (12) month
period.
(3) A utility proposes to
increase a seasonally-adjusted rate and that increase would result in an
increase in the rate of fifty (50) percent or more.
(4) A utility proposes to institute a rate
where no rate had existed previously.
B.
Exception for more than an 8
percent rate increase proposal for small water utilities with more than 1,500
but less than 5,000 service connections. The provisions of
17.12.770.1 NMAC through
17.12.770.16 NMAC shall not apply
to small water utilities, as defined by Section
62-8-7.1 A NMSA 1978, if any of
the criterion in Paragraphs (1), (2), (3) or (4) below apply. When any
criterion listed below applies, Section
62-8-7 NMSA 1978 and 17.1.2.53
NMAC relating to application for new rates shall apply to the filing and review
of a proposed rate or rates by a small water utility.
(1) A proposed rate increase would increase
the utility's revenue requirement by more than eight percent (8%) over a twelve
(12) month period.
(2) A proposed
rate increase would increase any rate for any customer class for any given
level of consumption by more than eight (8) percent over a twelve (12) month
period.
(3) A utility proposes to
increase a seasonally-adjusted rate and that increase would result in an
increase in the rate of more than eight (8) percent over a twelve (12) month
period.
(4) A utility proposes to
institute a rate where no rate had existed previously.
C. A rate application by a small water
utility shall comply with the provisions of 17.1.2.53 NMAC if any of the
criteria listed in
17.12.770.2 NMAC
applies.
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