N.M. Admin. Code § 17.5.410.9 - EXEMPTION AND VARIANCE
A.
Exemption. If unreasonable hardship with no reasonable
alternative to a utility or to a residential customer results from the
application of any provision of 17.5.410 NMAC, application may be made to the
commission for temporary or permanent exemption from its
requirements.
B.
Variances. A utility may file a written application with the commission
seeking a variance from all or part of 17.5.410 NMAC for good cause shown,
except that no variances shall be allowed from the provisions of
17.5.410.30 NMAC. Each variance
request shall include an explanation for the requested variance together with
an alternate proposal designed to achieve the purpose of the rule to be waived
and to be implemented for application to the condition(s) requiring the
variance.
C.
Stay pending
application for exemption or variance. An application for an exemption
or a variance shall stay the application of 17.5.410 NMAC to the utility
applying for the exemption or variance as it relates to the matter on which an
exemption or a variance is sought for a period of twenty (20) days. Within that
time frame the commission may for good cause shown extend the period of the
stay.
D.
Notice of
application for exemption or variance. A utility filing an application
for an exemption or a variance with the commission shall contemporaneously with
such filing mail copies of such application by first class mail to the attorney
general, and the intervenors in the utility's most recent rate case.
E.
Exemption or variance
hearings. The commission may schedule a hearing on any proposed
exemption or variance.
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