N.M. Admin. Code § 17.5.410.31 - DISCONTINUANCE OF SERVICE
A. A
utility may discontinue service to a residential customer without prior notice
in the event of:
(1) a condition determined
by the utility to be hazardous;
(2)
residential customer use of equipment in such manner as to adversely affect the
utility's equipment or the utility's service to others;
(3) residential customer's tampering with,
damaging, or deliberately destroying the equipment furnished and owned by the
utility; or
(4) unauthorized use of
service provided by the utility.
B. A utility may discontinue service to a
residential customer for:
(1) nonpayment of a
delinquent account pursuant to
17.5.410.33 NMAC;
(2) failure to post a security deposit or
guarantee pursuant to
17.5.410.33 NMAC, as applicable;
except that a utility may not discontinue service to an existing residential
customer solely for failure to pay a deposit; or
(3) failure to comply with the terms and
conditions of a settlement agreement or installment agreement entered into
pursuant to this rule.
C. A utility may discontinue utility service
to a residential customer after three (3) days' prior written notice in the
event of the residential customer's:
(1)
refusal to grant access at reasonable times to equipment installed upon the
premises of the residential customer for the purpose of inspection, meter
reading, maintenance, or replacement;
(2) failure to furnish such service,
equipment, permits, certificates, or rights-of-way as shall have been specified
by the utility as a condition to obtaining service or in the event such
equipment or permissions are withdrawn or terminated;
(3) violation of or noncompliance with the
utility's rules on file with and approved by the commission;
(4) provision of a fraudulent medical
certification form or financial certification form.
D. The three-day notice required by
Subsection C of
17.5.410.31 NMAC shall be in
English and Spanish and shall include the following:
(1) a statement of the reason(s) why the
utility has issued notice to discontinue utility service pursuant to Subsection
C of 17.5.410.31 NMAC;
(2) the title(s), address, telephone
number(s), and working hours of utility personnel responsible for carrying out
the rights prescribed in 17.5.410 NMAC;
(3) a statement that the residential customer
can obtain a review by utility personnel of the reasons for the proposed
discontinuance of service, which shall stay the discontinuance during the
review, and a statement that a complaint may be filed with the commission if
the residential customer disagrees with the utility's determination of the
facts upon which the proposed discontinuance is based;
(4) a statement that members of New Mexico
tribes or pueblos who need help with translation or with other matters may
contact the commission's consumer relations division at (888) 427-5772, who
will contact the appropriate tribal or pueblo official for
assistance.
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