N.M. Admin. Code § 17.9.550.10 - HEARINGS
A. Unless otherwise
ordered by the commission, formal hearings will not be held prior to the
effective date of any factor adjustment made in accordance with the provisions
of 17.9.550 NMAC. The commission may, upon its own motion or upon the filing of
a complaint, and after notice to the utility, public, attorney general, and
intervenors of record in the utility's last filed rate case, suspend any
adjustment pending hearing. However, the commission may allow the factor in
effect immediately preceding the period in which the suspended adjustment
otherwise would have become effective, to remain in effect, subject to refund
or surcharge, during the interim time period in which an adjustment is
suspended pending hearing. In the event that a suspended adjustment ultimately
is approved, in whole or in part, following a hearing, interest charges
computed at the statutory rate established under NMSA 1978, Section
62-13-13, or any amendment to it,
and computed for the period commencing with the date the suspended adjustment
actually becomes effective, shall, as provided by the commission, be added to
the calculation resulting from the approved adjustment.
B. The matters which the commission might
notice for hearing may include but are not limited to:
(1) any unusual or substantial increases in
the cost for fuel and purchased power;
(2) the development of any dispute over the
interpretation of contracts or laws concerning the pricing of any significant
amount of power supply;
(3) any new
or amended contractual arrangements for provision of services related to power
supply; and
(4) any other matter
that the commission determines requires a hearing.
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