N.M. Admin. Code § 17.13.970.14 - RESPONSE TO PROTEST
A.
Response with leave of commission. No response to the substance
of a protest filed with the commission is permitted except by leave of the
commission or hearing examiner.
B.
Challenge to validity of protest petition. The utility whose
proposed rates are being protested may challenge the validity of the protest
petition within ten (10) days of the filing of the petition.
(1) The challenge shall be made by motion
conforming with the requirements of 17.1.2 NMAC and served upon each of the
protestants.
(2) The motion shall
be accompanied by affidavits and a brief in support of the motion, which shall
also be served upon the protestants.
C.
Protestants to establish validity
of protest petition. If a protest is challenged by motion of the utility
made in accordance with17.13.970.14 NMAC,
the commission or hearing examiner may direct the protestants to verify their
status as ratepayers of the utility or otherwise establish the validity of the
protest petition.
D.
Invalid
protest petitions. If the commission or hearing examiner determines that
the protest petition is invalid, the commission or hearing examiner shall take
such action as is deemed appropriate, including, but not limited to, dismissal
of the protest.
E.
Ruling on
protest. The commission shall determine the validity of any challenged
protest prior to a commission determination that just cause exists to review
the proposed rate or rates.
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