N.M. Admin. Code § 17.5.410.30 - WINTER MORATORIUM PROTECTIONS

A. Unless requested by the residential customer, no utility shall discontinue or disconnect service to a residential customer during heating season for nonpayment of the residential customer's utility bill if the utility receives notice that the residential customer meets the qualifications of LIHEAP as determined by the administering authority for the current heating season and:

(1) the residential customer has no past due charges on November 15 of the current heating season; or

(2) the residential customer has a settlement agreement or an installment agreement with the utility for amounts other than those owing from the prior heating season, and the residential customer continues to make the agreed-upon payments under the settlement or installment agreement.

B. At any time during the current heating season, a residential customer may become eligible for winter moratorium protection from discontinuance or disconnection of service if a notice issued by the administering authority is provided to the utility that the customer meets the qualifications of LIHEAP and the residential customer either pays the amount due as of November 15 or enters into a settlement or installment agreement for such past-due amounts and continues to make the agreed-upon payments under the settlement or installment agreement.

C. Any residential customer that has had services disconnected or discontinued during the current winter heating season for whom the utility receives, subsequent to the disconnection or discontinuance of service, a proof of qualification issued by the administering authority and has met the payment requirements of Subsection A of 17.5.410.30 NMAC, shall have service reconnected as soon as reasonable but not later than the next working day if otherwise qualified for protection. Immediate payment of a reconnection fee, if any, shall not be a prerequisite to such reconnection.

D. The utility shall make installment agreement options available to any residential customer that has an unpaid bill pursuant to the regulations of the commission.

E. A residential customer who has defaulted on the residential customer's chosen installment agreement and whose utility service has been discontinued or disconnected during the non-heating season shall be reconnected and maintain the protection afforded by this section by paying reconnection charges if any, and by paying the amount due pursuant to the installment agreement by the date on which service is reconnected.

F. If a residential customer notifies the utility that the residential customer needs payment assistance and requests that the utility report the residential customer's need to the administering authority, the utility shall promptly report the request for assistance to the administering authority, provided that the administering authority called is willing to act on calls made by utilities on behalf of customers.

Notes

N.M. Admin. Code § 17.5.410.30

17.5.410.30 NMAC - N, 7-1-11