N.M. Admin. Code § 17.12.770.9 - FILINGS BY SMALL WATER UTILITIES PROPOSING NEW RATES
A. This section applies to the filing and
review of changes in rates proposed by small water utilities except small water
utilities filing for a two percent (2%) rate change under
17.12.770.8 NMAC that have given
proper notice according to
17.12.770.10 NMAC and small water
utilities subject to the exceptions in
17.12.770.2 NMAC.
B.
Filing requirements. The
utility shall submit with its filing:
(1) an
advice notice notifying the commission of the utility's intent to implement the
new rate or rates by a date certain, which may not be less than thirty (30)
days after the filing of the advice notice;
(2) an affidavit describing how the notice
required by
17.12.770.10 NMAC has been given
to the utility's ratepayers;
(3) a
copy of the notice required by
17.12.770.10 NMAC attached to the
affidavit of notice;
(4) a
statement of the total number of ratepayers being served by the utility at the
time of the filing;
(5) a brief
statement explaining what has caused the need for the rate adjustment;
and
(6) a statement that contains a
rate and billing analysis.
C.
Required rate and billing
analysis. The rate and billing analysis shall describe the effect of any
proposed rate increase on each class of customers and shall include: a
description of any proposed changes in rate design; a comparison of each
proposed rate with the existing rate for each customer class; a table that
provides a billing analysis for residential customers and a table that provides
a rate analysis for each customer class.
(1)
The rate comparison shall state each proposed rate and each existing rate for
each customer class, the percentage difference between each proposed rate and
each existing rate and the number of customers within each customer class to
which each change applies.
(2) The
table that provides the billing analysis for residential customers shall state
the present bill, the anticipated bill under the proposed rates and the
percentage difference between the two bills for the following levels of
consumption: 0 gallons, 1,000 gallons, 2,000 gallons, 3,000 gallons, 4,000
gallons, 5,000 gallons, 6,000 gallons, 7,000 gallons, 8,000 gallons, 9,000
gallons, 10,000 gallons, 15,000 gallons, 20,000 gallons, 25,000 gallons, 30,000
gallons, 35,000 gallons, 40,000 gallons, 45,000 gallons and 50,000
gallons.
(3) The table that
provides the rate analysis for each customer class shall be based on each level
of consumption listed in Paragraph (2) above. The table shall be based on the
month of highest overall consumption in the twelve (12) months preceding the
filing of the notice to ratepayers. The table shall show the number of
customers and the present and proposed bill for each level of consumption,
rounding gallons per month to the nearest one thousand (1,000) gallons. For
example, for the six thousand (6,000) gallon level, the utility will show the
number of customers with usage of five thousand five hundred and one (5,501) to
six thousand five hundred (6,500) gallons. If consumption is measured in units
other than thousands of gallons, the utility shall convert their billing units
to thousands of gallons. If there were no customers at a particular level of
consumption, the utility shall list a zero in the table for that level of
consumption.
D.
Applicability of 17.1.210 NMAC. The utility's fillings under
17.12.770.9 NMAC shall be in
accordance with 17.1.210 NMAC, except that Paragraph (2) of Subsection B of
17.1.210.11 NMAC relating to
direct testimony and exhibits and Subsection C of
17.1.210.11 NMAC relating to
additional information shall not be applicable. The utility may, but is not
required to file with the advice notice, the direct testimony, exhibits, and
statements which would be required by
17.12.770.15 NMAC in the event of
a valid protest or motion to review by commission staff.
E.
Rejection. Failure to abide
by these requirements shall be deemed grounds for rejection of the
filing.
F.
Effective date of
rates. The rate or rates proposed in accordance with the provisions of
this section shall become effective on the date set forth in the advice notice
unless a protest is filed under
17.12.770.12 NMAC, or a staff
motion for review is filed under
17.12.770.11 NMAC and the
commission determines the protest or motion establishes just cause for
reviewing the proposed rates. If a valid protest or motion is filed and the
commission determines that there is just cause for review of the proposed
rates, the new rates may become effective only in accordance with Section
62-8-7 NMSA 1978 and 17.1.2.53
NMAC.
G.
Rates effective by
operation of law. Rates that become effective by operation of law,
without hearing by the commission, shall not be construed to bear the approval
of the commission and may be subject to inquiry by the commission at any
time.
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