TITLE 17 PUBLIC
UTILITIES AND UTILITY SERVICES
CHAPTER 5 UTILITY
INTERCONNECTIVITY AND COOPERATIVE AGREEMENTS
PART 410 RESIDENTIAL
CUSTOMER SERVICE BY GAS, ELECTRIC AND RURAL ELECTRIC COOPERATIVE UTILITIES
17.5.410.1 ISSUING
AGENCY: Public Regulation Commission.
[17.5.410.1 NMAC - Rp, 17.5.410.1 NMAC, 7-1-11]
17.5.410.2 SCOPE:
A. This rule
applies to electric, rural electric cooperative and gas utilities subject to
the jurisdiction of the New Mexico public regulation commission.
B. In case of
conflict between provisions of this rule and 17.9.560 NMAC or 17.10.650 NMAC,
the provisions of this rule control.
[17.5.410.2 NMAC - Rp, 17.5.410.2 NMAC, 7-1-11]
17.5.410.3 STATUTORY
AUTHORITY: NMSA 1978, Sections 8-8-4, 8-8-15, 27-6-17,
27-6-18.1, 62-6-4A, 62-6-19 through 62-6-21, 62-8-3 and 62-8-10.
[17.5.410.3 NMAC - Rp, 17.5.410.3 NMAC, 7-1-11]
17.5.410.4 DURATION:
Permanent.
[17.5.410.4 NMAC - Rp, 17.5.410.4 NMAC, 7-1-11]
17.5.410.5 EFFECTIVE
DATE: July 1, 2011, unless a later date is cited at
the end of a section.
[17.5.410.5 NMAC - Rp, 17.5.410.5 NMAC, 7-1-11]
17.5.410.6 OBJECTIVE: The
purpose of this rule is to establish uniform standards to be followed by
electric, gas, and rural electric cooperative utilities in dealing with residential
customers, to aid residential customers in obtaining and maintaining essential
utility services, to promote safe and adequate service to residential
customers, and to establish a basis for determining the reasonableness of such
demands as may be made upon utilities by residential customers.
[17.5.410.6 NMAC - Rp, 17.5.410.6 NMAC, 7-1-11]
17.5.410.7 DEFINITIONS: In
addition to the definitions contained in NMSA 1978, Section 62-3-3, as used in
this rule, unless otherwise specified:
A. administering
authority means the human services department or a tribal or pueblo entity
that administers a tribe’s or pueblo’s low-income home energy assistance
program under NMSA 1978, Section 27-6-18.1;
B. automatic adjustment
clause means the adjustment procedure approved by the commission to
recognize variations in the cost of fuel for electric generation, cost of
purchased power, cost of purchased gas, or for any other cost factor approved
by the commission;
C. billing period
means a utility service usage period in accordance with applicable tariff
schedules;
D. chronically
delinquent means the status of a residential customer who during the prior
twelve (12) months has been disconnected by that utility for nonpayment or who
on three (3) or more occasions during the prior twelve months has not paid a
bill by the date a subsequent bill is rendered;
E. cycle billing
means a system employed by a utility which results in the rendition of bills
for utility service to various residential customers on different days but on
or about the same day of each billing period;
F. delinquent means
the status of a bill rendered to a residential customer for utility service
which remains unpaid after the due date of the bill;
G. discontinuance of
service means an intentional cessation of service by a utility not
voluntarily requested by a residential customer;
H. estimated bill
means a bill for utility service which is not based on an actual reading of the
residential customer's meter or other measuring device for the period billed;
I. heating season
means the period beginning November 15 and continuing through March 15 of the
subsequent year;
J. HSD means the
New Mexico human services department;
K. installment
agreement means an arrangement by a utility customer pursuant to
17.5.410.40 NMAC to make a series of payments of past due utility charges
scheduled over a period greater than forty-five (45) days, and may be referred
to as “payment plan” in customer notices;
L. LIHEAP means the
low-income home energy assistance program administered by HSD or a tribal or
pueblo entity that administers a tribe’s or pueblo’s low-income home energy
assistance program under NMSA 1978, Section 27-6-18.1;
M. line extension
means that part of a utility's system for the delivery of gas or electric
utility service which extends and connects the utility's existing system to a
residential customer, exclusive of yard lines or service drops;
N. medical professional
means a licensed physician, physician’s assistant, osteopathic physician,
osteopathic physician’s assistant or certified nurse practitioner;
O. nonheating
season means the period beginning March 16 and continuing through November
14 of the same year;
P. rendition of a bill
means the date of mailing or personal delivery of a bill by a utility;
Q. residential customer
means any person being supplied with and legally liable for the payment of an
electric or gas utility service for that person's household or domestic uses;
R. residential service
means the provision of or use of electricity or gas for household or domestic
purposes;
S. seriously or
chronically ill means an illness or injury that results in a medical
professional’s determination that the loss of utility service would give rise
to a substantial risk of death or would gravely impair health;
T. settlement agreement
means an agreement between a utility and a residential customer establishing
terms and conditions for resolving a dispute;
U. special service
means a service provided to a residential customer by a utility which is not
subject to a tariff schedule;
V. specific date
means an exact date, or a period of no more than five (5) business days
beginning with an exact date. The date
specified on the most recent bill or notice as the date by which past due
amounts must be paid to avoid discontinuance of service constitutes a specific
date for purposes of this rule;
W. utility charges
means the billing or charges for the provision of utility service and other
charges authorized by the commission pursuant to approved tariffs.
[17.5.410.7 NMAC - Rp, 17.5.410.7 NMAC, 7-1-11]
17.5.410.8 APPLICATION:
A. A utility shall
not unreasonably discriminate against any residential customer. Neither shall a utility discriminate against
or penalize a residential customer for exercising any right granted by 17.5.410
NMAC, nor shall any provision herein be construed to relieve any residential
customer from liability for proper utility charges.
B. A utility may
adopt such reasonable rules governing its relations with residential customers
as are necessary and which are not inconsistent with 17.5.410 NMAC and as
prescribed in 17.1.210 NMAC.
C. Unless otherwise
specified a utility shall not be required to file new tariffs pursuant to
17.5.410 NMAC. To the extent that existing
tariffs are inconsistent with 17.5.410 NMAC, such tariffs are deemed to be
superseded by the requirements of 17.5.410 NMAC and all provisions of 17.5.410
NMAC are deemed to apply to all utilities as though set forth in applicable
tariffs unless the differences between the tariffs and 17.5.410 NMAC are
permitted pursuant to an exemption or variance requested under 17.5.410.9 NMAC
and granted by the commission.
[17.5.410.8 NMAC - Rp, 17.5.410.8 NMAC, 7-1-11]
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.
[17.5.410.9 NMAC - Rp, 17.5.410.9 NMAC, 7-1-11]
17.5.410.10 RENDITION
OF BILLS:
A. A utility shall
render a bill to every residential customer for each billing period in
accordance with applicable tariffs and the requirements and options of 17.5.410
NMAC.
B. A utility may
either bill all of its residential customers on the same day of each billing
period or bill its residential customers on a billing cycle. If a utility significantly alters a billing
cycle, notice shall promptly be given to the affected residential customer(s).
C. When billing for
concurrent service at a residence the usage and charge attributable to each
such service shall be clearly set forth on the bill. Utility service to multiple locations billed
to a single residential customer shall be stated separately for each location.
D. Upon approval of
an experimental rate by the commission a utility shall give full written
disclosure of such rate to the affected residential customer prior to
implementing such rate, and the utility shall advise its residential customers
of the financial impact of such rate based on typical patterns of usage.
[17.5.410.10 NMAC - Rp, 17.5.410.10 NMAC, 7-1-11]
17.5.410.11 BUDGET
PAYMENT PLANS: A utility shall offer a budget payment plan
to its residential customers. Such plans
must be approved by the commission and must contain the following provisions at
a minimum.
A. The budget
payment plan shall provide the residential customer with a method of levelizing the bill for utility service. It shall be designed to avoid the
accumulation of an unpaid balance which will be burdensome to pay in a single
payment.
B. The budget
payment plan shall be available to any residential customer who is then either
current in payments for utility service or who has entered into and is
complying with a settlement agreement or an installment agreement at any time
during the year, without regard to the residential customer's length of service
with the utility. Should a chronically
delinquent residential customer fail to pay the amount specified in the budget
payment plan, the utility may remove that residential customer from the plan and
withhold the plan from that residential customer for up to twelve (12)
succeeding months. A utility may also
petition the commission for an order permitting it to offer its budget payment
plan at specified times only or for less than a prospective twelve (12) month
period upon a showing by the utility that offering such a plan at and for times
specified in 17.5.410 NMAC will result in an undue financial burden to the
utility.
C. In determining
one (1) year's budget payment plan the computation shall be specific to each
residential customer. If the residential
customer has been served by the utility at the same location for the previous
year, the budgeted payment should be based on the residential customer's actual
use for the previous year and may be adjusted for known price changes, bill averages
and normalized weather conditions. If
the residential customer has not been served by the utility during the previous
year at that location, the budgeted payment should be based on the actual use
at that location for the previous year and may be adjusted for known price
changes, bill averages and normalized weather conditions, as applied to the
residential class of customers or similar residences.
D. The specific
methodology of the plan shall be approved by the commission and shall be
nondiscriminatory.
[17.5.410.11 NMAC - Rp, 17.5.410.11 NMAC, 7-1-11]
17.5.410.12 CONTENTS
OF BILLS: Bills for utility service shall include:
A. the beginning
and ending meter reading dates or the number of days in the billing cycle and
the date of the ending meter reading;
B. clear and
conspicuous language identifying the bill as an estimated bill, if the bill has
been estimated;
C. the number and
kind of units metered;
D. any conversions
from meter reading units to billing units;
E. any multiplier
constants used to determine billing;
F. the date the
bill is due;
G. any previous
balance;
H. an identification of the applicable rate tariff;
I. the amount due
for electric or gas usage;
J. the amount due
for special services;
K. the total amount
due;
L. gross receipts taxes and any other taxes or fees, if not a
part of the base rate;
M. the automatic
adjustment clauses approved by the commission in total and in cost per unit
basis, as applicable;
N. contact
information of the utility designating where the residential customer may
initiate an inquiry or complaint regarding the bill as rendered or the service
provided;
O. if the
residential customer is on a budget payment plan, a statement of:
(1) the
actual charges for service incurred for the current billing period;
(2) the
budgeted amount due; and
(3) the
actual balance of total services rendered.
[17.5.410.12 NMAC - Rp, 17.5.410.12 NMAC, 7-1-11]
17.5.410.13 PAYMENT
STANDARDS:
A. A residential
customer shall be given at least twenty (20) calendar days from the date of
rendition of a bill for payment in full before the bill is deemed delinquent.
B. A residential
customer shall be given at least fifteen (15) calendar days from the date the
bill is deemed delinquent before a utility may disconnect utility service,
pursuant to the requirements of 17.5.410.31 through 17.5.410.35 NMAC.
C. If the last day
for payment of a bill falls on a Saturday, Sunday, legal holiday, or other day
when the offices of the utility which regularly receive payments are not open
to the general public, the due date shall be extended to the next business day.
D. Receipt by a
utility of a payment at the utility’s address shall be deemed received by the
utility on that date. If payment is made
on the utility’s website or at a third-party payment location authorized by the
utility, the payment shall be deemed received within two business days of the
payment date. If payment is made through
any other third-party payment process, the date of payment shall be the date
the payment is received by the utility from the third party. If the residential customer making payment
has received a disconnect notice and provides verification of the payment to
the utility prior to disconnection, the utility shall stop disconnection
activities and shall not disconnect the residential customer without providing
a subsequent final notice.
E. Any monies
received by a utility from a residential customer in excess of the amount of a
bill owing shall be credited immediately.
Any monies received by a utility from a residential customer that exceed
the amount billed by twenty five-dollars ($25) or more shall be refunded upon
request.
[17.5.410.13 NMAC - Rp, 17.5.410.13 NMAC, 7-1-11]
17.5.410.14 FINANCE,
SERVICE, CARRYING, PENALTY AND SPECIAL SERVICE CHARGES:
A. Unless otherwise
approved by the commission a utility shall not assess a finance, service,
carrying, or penalty charge to a residential customer for the reason that any
utility service balance due and owing upon the bill remains outstanding beyond
the period of time established for payment.
B. A utility shall
not impose on residential customers a late fee for unpaid amounts due for
utility service that is greater than eight percent (8%) on an annual basis.
C. A utility may
include charges for special services together with utility charges on the same
bill if the charges for special services are designated clearly and separately
from utility charges. If partial payment
is made the utility shall first credit such payment to any arrearage for
utility charges.
D. A charge for
connection or reconnection may not exceed the actual cost involved but shall be
no less than the minimum allowed in applicable tariffs.
[17.5.410.14 NMAC - Rp, 17.5.410.14 NMAC, 7-1-11]
17.5.410.15 ESTIMATED
BILLS:
A. A utility may
render a bill based on estimated usage to a seasonally billed residential
customer if an appropriate tariff is on file with the commission and an actual
reading is obtained before each change in the seasonal cycle.
B. A utility may
render a bill based on estimated usage to a residential customer other than a
seasonably billed residential customer if the utility through no fault of its
own is unable to obtain access to the residential customer's premises for the
purpose of reading the meter or in situations where the residential customer
makes reading the meter unnecessarily difficult; a meter is defective or has
been evidently tampered with or bypassed; or weather conditions prohibit meter
readings or where other force majeure conditions exist. If the utility is unable to obtain an actual
meter reading for these reasons it shall attempt to contact the residential
customer to obtain access to the premises, or it shall undertake reasonably practical
alternatives to obtain a meter reading.
C. Notwithstanding
the provisions of Subsection B of 17.5.410.15 NMAC, a utility may not render a
bill based on estimated usage for more than two (2) consecutive billing periods
without prior notification to the commission, nor for an initial or final bill
for service, unless otherwise agreed to by the residential customer and the
utility.
D. The estimating
procedures employed by the utility must be contained in a tariff on file with
the commission.
E. The utility
must, for no less than twelve (12) months, maintain accurate records of the
reasons for each estimate and the efforts made to secure an actual reading.
F. If a utility
underestimates a residential customer's usage and subsequently seeks to correct
the bill, the residential customer shall be given an opportunity to participate
in an installment agreement with regard to the underestimated amount.
G. Upon request, a
utility shall explain to any residential customer how to read and report
electric or gas usage. Upon an agreement
between a residential customer and a utility, a residential customer may read
and report the electric or gas usage as long as such usage is reported on a regular
and accurate basis. The utility shall
provide a reasonable means for the residential customer to report meter
readings. In such a case, at least
annually, a utility shall obtain an actual meter reading of residential
customer usage in order to verify the accuracy of readings reported in this
manner. 17.5.410 NMAC shall not prevent
a utility from reading meters on a regular basis.
H. A utility's
tariff may provide for a residential customer to read and report the electric
or gas usage on a regular and accurate basis.
I. Notwithstanding
Subsections B, C and H of 17.5.410.15 NMAC, a utility may estimate a billing in
the event that a residential customer fails to timely and accurately report the
self-reading.
[17.5.410.15 NMAC - Rp, 17.5.410.15 NMAC, 7-1-11]
17.5.410.16 RESIDENTIAL
SECURITY DEPOSITS OR GUARANTEES:
A. A
utility may not require a security deposit or other guarantee of payment as a
condition of new or continued service to a residential customer except in the
case of service:
(1) to
a residential customer who has not previously had utility service with the
utility and who has not established an acceptable credit rating;
(2) to
a residential customer who has on three or more occasions, within a 12-month
period, received a final notice;
(3) as
a condition for reconnection of service following discontinuance of service by
the utility; and
(4) to
a residential customer who in an unauthorized manner has interfered with or
diverted the service of the utility situated on or about or delivered to the
residential customer's premises.
B. If a residential customer or prospective residential customer can
demonstrate to the utility that the residential customer does not have adequate
financial resources to pay the security deposit and the residential customer
meets the qualifications of LIHEAP, or is subject to other special
circumstances, the utility shall give special consideration to such a
residential customer in determining whether or in what amount a security
deposit will be charged or if payment by an installment agreement is
appropriate. In making such
determination, a utility shall accept documentation from the administering
authority that such residential or prospective residential customer meets the
qualifications of LIHEAP.
[17.5.410.16 NMAC - Rp, 17.5.410.16 NMAC, 7-1-11; A, 3-29-13]
17.5.410.17 METHODS
TO ESTABLISH ACCEPTABLE CREDIT RATING:
A. In determining
whether a residential customer who has not previously had utility service with
the utility has an acceptable credit rating, a utility shall consider the
following:
(1) documentation
that the residential customer owns or is purchasing the residence served;
(2) documentation
that the residential customer has an adequate income;
(3) documentation
that the residential customer has an adequate credit reference from a utility
where the residential customer had prior utility service;
(4) documentation
obtained by the utility from a commercial credit source; or
(5) any
other reasonable documentation.
B. If a prospective
residential customer cannot establish an acceptable credit rating but
previously received utility service under the name of a spouse, the utility may
consider prior utility service to that spouse in determining whether and in
what amount a security deposit will be charged.
[17.5.410.17 NMAC - Rp, 17.5.410.17 NMAC, 7-1-11]
17.5.410.18 AMOUNTS
OF AND ACCOUNTING FOR SECURITY DEPOSITS: Any deposit policy shall be as
set forth in the utility's tariff on file with the commission pursuant to
17.1.210 NMAC, but shall conform to the following provisions.
A. A deposit for a
residential customer shall not exceed an amount equivalent to one sixth (1/6)
of that residential customer's estimated annual billings. A utility shall base its billing estimates
for purposes of calculating a deposit upon the most recent available prior
12-month corresponding period at the same service location; or, if there is not
a comparable period of service at the same service location, the deposit shall
be based upon consumption of similar units in the same area.
B. Simple interest
on deposits at a rate not less than the rate required by law shall accrue
annually to the residential customer's credit for the time the deposit is held
by the utility. The deposit shall cease
to draw interest on the date it is returned, on the date service is terminated,
or on the date the refund is sent to the residential customer's last known
address.
C. Each residential
customer who posts a security deposit shall receive in writing at the time of
tender of deposit or with the first bill a receipt as evidence thereof. The receipt shall contain the following
minimum information:
(1) name
of residential customer;
(2) date of payment;
(3) amount
of payment; and
(4) statement
of the terms and conditions governing the payment, retention, interest, and
return of deposits.
D. A utility shall
provide means whereby a residential customer entitled to a return of deposit is
not deprived of the deposit refund even though the residential customer may be
unable to produce the original receipt for the deposit, provided the
residential customer can produce adequate identification to insure that the
residential customer is entitled to a refund of the deposit.
[17.5.410.18 NMAC - Rp, 17.5.410.18 NMAC, 7-1-11; A, 3-29-13]
17.5.410.19 REFUND
OF DEPOSITS, TERMINATION OF GUARANTEES:
A. Any residential
customer who has not been chronically delinquent for the twelve-month period
from the date of deposit or guarantee shall promptly receive a credit or refund
in the amount of the deposit together with accrued interest due or shall be
permitted to terminate any guarantee. If
the amount of the deposit exceeds the amount of the current bill, the
residential customer may request a refund in the amount of the excess if such
excess exceeds twenty five dollars ($25).
If the residential customer fails to qualify for a refund of the deposit
on the first anniversary date of the deposit, that account shall be reviewed at
least annually, and the amount of the deposit shall be credited if the
residential customer has not been chronically delinquent during the preceding
twelve (12) months. A residential
customer may request a refund at any time after twelve (12) months payment
history, which refund shall promptly be paid if the residential customer has
not been chronically delinquent during the prior twelve-month (12) period, or a
utility may pay such refund in the absence of a request within a reasonable
period of time.
B. Unclaimed
deposits shall be handled as provided by law.
[17.5.410.19 NMAC - Rp, 17.5.410.19 NMAC, 7-1-11]
17.5.410.20 RECORD
OF DEPOSITS: A utility shall keep records of deposits and
issue receipts of deposits in accordance with the requirements of Paragraphs
(5), (7), (8) and (9) of Subsection B of 17.9.560.12 NMAC and Paragraphs (5),
(7), (8) and (9) of Subsection B of 17.10.650.11 NMAC.
[17.5.410.20 NMAC - Rp, 17.5.410.20 NMAC, 7-1-11; A, 3-29-13]
17.5.410.21 INTERNAL
UTILITY COMPLAINT PROCEDURES: A utility shall establish internal procedures
pursuant to 17.1.210 NMAC for the prompt, efficient, and thorough receipt,
investigation, and, where possible, resolution of all residential customer
inquiries, disputes, service requests, and complaints regarding residential
utility service and charges. Such
internal procedures shall provide that:
A. a utility shall
be prepared at all times during normal business hours to receive all
residential customer inquiries, disputes, service requests, and complaints;
B. a utility shall
have qualified personnel available and prepared to respond to all residential
customer inquiries, disputes, service requests, and complaints at all
reasonable times during normal business hours;
C. a utility shall
make reasonable arrangements for residential customers unable to communicate in
the English language to receive assistance;
D. a utility shall
provide qualified and authorized utility personnel at reasonable times during
normal business hours to negotiate settlement agreements and installment
agreements on behalf of the utility; and
E. a utility shall
provide qualified personnel or other reasonable means at all times to receive
and initiate responses to customer contacts regarding any emergency condition
involving utility services.
[17.5.410.21 NMAC - Rp, 17.5.410.21 NMAC, 7-1-11]
17.5.410.22 TESTING
OF UTILITY METERS: A residential customer may request the
testing of a utility meter pursuant to Subsection A of 17.9.560.14 NMAC and
Paragraph (4) of Subsection A of 17.10.650.13 NMAC or NMSA 1978, Section
62-6-22.
[17.5.410.22 NMAC - Rp, 17.5.410.22 NMAC, 7-1-11]
17.5.410.23 PUBLIC
NOTICE OF RESIDENTIAL CUSTOMER RIGHTS: The utility shall prepare in
both Spanish and English information subject to commission approval which in
layman's terms summarizes the rights and responsibilities of the utility and
its residential customers in accordance with 17.5.410 NMAC. This information shall be displayed
prominently by the utility and shall be available to the general public. The utility shall advise new residential
customers of the availability of such information upon commencement of utility
service and shall advise its existing residential customers of such
availability on an annual basis. The
information shall state that it is being provided in accordance with 17.5.410
NMAC and shall contain information concerning, but not limited to:
A. billing
procedures, including estimated billing, budget payment plans, installment
agreements, and third-party notification programs;
B. methods for residential
customer verification of billing accuracy;
C. a description of
the operation of applicable rate tariffs, automatic adjustment clauses, and
cost of service indexing;
D. residential
customer payment requirements and procedures;
E. security deposit
and guarantee requirements;
F. special
consideration in determining deposits and installment agreements for
residential and prospective residential customers who meet the qualifications
of LIHEAP;
G. procedures
relating to discontinuance and reconnection of service;
H. the utility's
inquiry, dispute, service request, and complaint procedures;
I. an explanation of meter reading procedures which would
enable a residential customer to read his or her own meter;
J. a procedure
whereby a residential customer may avoid discontinuance of service during an
extended period of absence;
K. procedures for
filing a complaint with the commission;
L. the utility's
policy concerning discontinuance of service to those whose lives or health may
be endangered by discontinuance;
M. the names and
addresses of state and local governmental agencies which have programs
available to assist eligible persons with payment of their utility bills;
N. winter
moratorium protection; and
O. a statement that
members of New Mexico tribes or pueblos who need help with translation or with
other matters may contact the director of the commission’s consumer relations
division at (888) 427-5772, who will contact the appropriate tribal or pueblo
official for assistance.
[17.5.410.23 NMAC - Rp, 17.5.410.23 NMAC, 7-1-11]
17.5.410.24 NOTICE,
AVAILABILITY AND PUBLIC ACCESS TO SCHEDULES:
A. A utility shall
keep on file and provide public access to a copy of 17.5.410 NMAC and its
current applicable residential rates, rules, and regulations and shall maintain
up-to-date maps, plans, or records of its entire transmission and distribution
systems with such other information as may be necessary to enable the utility
to advise prospective residential customers as to facilities for serving any
locality. Suitable signs shall be posted
conspicuously in public areas at utility offices calling to the public's
attention that this information is available for inspection.
B. Unless otherwise
directed by the commission a utility shall notify its affected residential
customers of any change in its tariffs which have been suspended by the
commission.
[17.5.410.24 NMAC - Rp, 17.5.410.24 NMAC, 7-1-11]
17.5.410.25 ASSISTANCE
TO CUSTOMERS:
A. The utility shall
assist the residential customer or prospective residential customer in
selecting an appropriate rate tariff and furnish such additional information
concerning that tariff as the residential customer may reasonably request.
B. A utility shall
maintain residential customer records which contain details of all bills and
correspondence sent to or received from the residential customer and evidence
of all payments, deposits, guarantees, or other monies received from the
residential customer.
C. Copies of residential
customer records shall be furnished to that residential customer upon request.
D. Copies of a
residential customer's records relevant to a matter in dispute, or for good
cause shown, shall be furnished to any person authorized in writing by the
residential customer to receive such records.
E. The utility
shall correct any nondisputed mistakes in a
residential customer's payment history that are brought to its attention.
F. A utility shall
maintain records which contain the number of:
(1) disputes that
require further action by the utility beyond the initial contact related to
billing and services;
(2) settlement
agreements made by the utility;
(3) discontinuance
of service notices sent to residential customers;
(4) discontinuances
of service and the number of reconnections for non-payment;
(5) security
deposits collected, number credited or refunded, number of guarantees received
and number terminated;
(6) residential
customers with installment agreements;
(7) residential
customers with budget payment plans;
(8) estimated bills;
(9) medical
certifications received before and after discontinuance of service pursuant to
17.5.410 NMAC;
(10) times
beyond twelve (12) hours after receipt of a medical certification before each
reconnection of service was accomplished; and
(11) residential
customers within whose households resides a disabled, elderly, or other person
who may suffer injury or death if utility service is discontinued to the extent
that the utility has actual knowledge of the conditions.
G. The
above-enumerated records shall be kept for the period of time required by
17.9.560 NMAC and 17.10.650 NMAC, or if not so required for at least three (3)
years.
[17.5.410.25 NMAC - Rp, 17.5.410.25 NMAC, 7-1-11]
17.5.410.26 REPORTS
TO COMMISSION: Upon commission request the utility shall
provide information required by Subsection F of 17.5.410.25 NMAC to the
commission within ten (10) business days or other time period agreed to by the
commission.
[17.5.410.26 NMAC - Rp, 17.5.410.26 NMAC, 7-1-11]
17.5.410.27 LINE
EXTENSIONS: Upon a residential customer's request for a
line extension a utility shall:
A. provide the residential customer with a copy of the
utility's line extension policy and explain the content of such policy;
B. establish a reasonable
time not exceeding thirty (30) days after the residential customer has complied
with all reasonable utility requirements for the delivery to the residential
customer of the utility's estimate for the line extension;
C. complete
construction of the line extension within sixty (60) days after the residential
customer signs the utility's line extension agreement and after the utility has
secured all applicable permits, rights-of-way, materials, and labor necessary
for the line extension, and the utility has completed all other applicable
contractual obligations; a utility shall be required to exercise due diligence
and good faith in its efforts to obtain such permits, rights-of-way, materials,
labor, and contractual compliance; however, the utility shall not be required
to complete construction of the line extension within this time frame where force majeure or hazardous conditions
exist;
D. advise the
residential customer that if the residential customer is not satisfied with the
line extension proposal of the utility including cost and time of construction,
an informal review of the proposal may be provided by utility personnel located
in the service area of the residential customer and authorized to conduct such
reviews; such personnel shall be in a position to modify such proposal, where
appropriate;
E. inform the
residential customer in writing of how the residential customer's options
concerning the type of installation of a line extension will affect utility
charges based on present rates or rates which are the subject of a pending case
concerning rates; at a minimum comparisons of average annual utility charges
for that residential customer shall be provided.
[17.5.410.27 NMAC - Rp, 17.5.410.27 NMAC, 7-1-11]
17.5.410.28 COST
OF LINE EXTENSION: The amount charged to the residential customer
for a line extension shall be based on the estimated total cost to the utility
and shall be clearly stated in the written line extension agreement entered
into between the utility and the residential customer. The method for collecting the amount charged
to the residential customer shall be outlined in applicable tariffs filed with
the commission.
[17.5.410.28 NMAC - Rp, 17.5.410.28 NMAC, 7-1-11]
17.5.410.29 NOTICE
OF AVAILABILITY OF ENERGY ASSISTANCE AND WINTER MORATORIUM PROTECTION:
Utilities shall make available to the public information regarding:
A. LIHEAP
application forms, qualification requirements, application procedures, and
locations at which residential customers may submit LIHEAP applications; and
B. winter
moratorium protection against discontinued and disconnected service for
residential customers who meet the qualifications of LIHEAP, including an
explanation of payment options and circumstances under which services may be
disconnected or discontinued.
C. Required notice.
(1) Required notice prior to heating season. Beginning with the August billing cycle and
prior to the next heating season, all public natural gas and electric utilities
subject to the terms of the winter heating season disconnection moratorium law
shall communicate in writing to all residential customers at least two times
the following statement on either a bill, in a bill insert or through a direct
mailing:
(a)
“Protection from winter shut-off begins November 15, (year). To avoid potential disconnection of services
please contact the human services department at 800-283-4465, or the
appropriate tribal or pueblo entity for eligibility information for low income
heating energy assistance program (LIHEAP).
Your service will not be disconnected from November 15, (year), through
March 15, (year), if you meet the qualifications of LIHEAP and have no past due
amounts or you remain current on any settlement or installment agreement for
amounts due as of November 15, (year).
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.”
(b)
Where it is technically feasible, the foregoing notice language shall be
written in both English and Spanish. If
not feasible the following statement shall be included “Para informacion en espanol llame (phone no.).”
(2) Required notice of end of moratorium protection. Beginning with the February billing cycle all
public natural gas and electric utilities subject to the terms of the winter
heating season disconnection moratorium law shall communicate in writing to all
residential customers at least one time the following statement on either a
bill, in a bill insert or through a direct mailing:
(a) “Protection from
winter shut-off ends March 15, (year).
To avoid potential disconnection of services please contact (utility
name) (phone number) to make arrangements for payment. 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.”
(b)
Where it is technically feasible, the foregoing notice language shall be
written in both English and Spanish. If
not feasible the following statement shall be included “Para informacion en espanol llame (phone no.).”
(3) 15-day notice of discontinuance of service. All natural gas and electric utilities
subject to the terms of the winter heating season disconnection moratorium law
shall include the following statements in both English and Spanish in all
15-day disconnect notices issued pursuant to this rule during the heating
season:
(a)
“15-day disconnect notice for services;”
(b)
“Your service will not be disconnected from November 15, (year), through
March 15, (year), if you meet the qualifications of the low income home energy
assistance program (LIHEAP) and have no past due amounts, or you remain current
on any settlement or installment agreement for amounts due as of November 15,
(year). For information call New Mexico
human services department at 1-800-283-4465, or the
tribal or pueblo entity that administers a tribe’s or pueblo’s LIHEAP.”
[17.5.410.29 NMAC -
N, 7-1-11]
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.
[17.5.410.30 NMAC -
N, 7-1-11]
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.
[17.5.410.31 NMAC - Rp, 17.5.410.29 NMAC, 7-1-11; A, 3-29-13]
17.5.410.32 PROHIBITIONS
ON DISCONTINUANCE OF SERVICE: A utility shall not discontinue service for:
A. the failure of a
residential customer to pay for special services;
B. the failure of a
residential customer to pay for service received at a separate metering point,
residence, or location; however, in the event of discontinuance or termination
of service at a separate residential metering point, residence, or location, a
utility may transfer any unpaid balance due to any other residential service
account of the residential customer and proceed in accordance with subsection B
of 17.5.410.31 NMAC;
C. the failure of
the residential customer to pay for a different class of service received at
the same or different location; however, placing more than one meter at the
same location for purposes of billing the usage of specific devices under
optional rate tariffs or provisions is not construed as a different class of
service;
D. nonpayment of
the disputed amount of a bill, as provided by 17.5.410.36 NMAC;
E. delinquency in
payment for service to a previous occupant of the same premises unless a court
has found the new residential customer legally liable for the debt of the
previous occupant or the previous occupant continues to reside at the premises;
F. failure of a
residential customer to pay the bill of another residential customer as
guarantor thereof;
G. failure of a
residential customer to pay an estimated bill rendered in violation of
17.5.410.15 NMAC;
H. the failure of a
residential customer to pay for service received during the heating season if
the residential customer qualifies for winter moratorium protection; or
I. the failure of
a residential customer to pay for service received if the utility has received
a signed medical certification form and a financial certification form as
provided by this rule.
[17.5.410.32 NMAC - Rp, 17.5.410.30 NMAC, 7-1-11]
17.5.410.33 REQUIREMENTS
PRIOR TO DISCONTINUANCE OF SERVICE PURSUANT TO SUBSECTION B OF 17.5.410.31
NMAC: Each utility shall file a tariff for its
residential customer service that shall include the following minimum standards
for discontinuance of utility services with standardized languages as provided
below.
A. Fifteen-day notice. At least fifteen (15) days before a utility
discontinues service to a residential customer, the utility shall provide written
notice to the residential customer stating its intent to discontinue service
and setting forth the residential customer's rights regarding discontinuance of
service, budget payment plans, and installment agreements. The notice shall be in English and Spanish. The notice shall be delivered to the
residential customer in person, by U.S. mail, postage
prepaid, addressed to the last address for the residential customer known to
the utility, or by electronic mail if a residential customer has elected to receive
electronic billing.
(1) Notwithstanding the
provisions of Paragraph (3) of Subsection C of 17.5.410.31 NMAC a fifteen-day
notice shall contain:
(a)
the title, address, telephone number, and working
hours of utility personnel responsible for administering the procedures in this
section;
(b)
a statement that “if the past due balance on
your account has been paid, please disregard this notice”;
(c) a statement that
“to avoid disconnection we must receive your past due balance of ($__.__) no
later than (month/day/year), or payment arrangements must be made; please see the enclosed notice for more
information”;
(d) a statement in
both English and Spanish of “customers’
rights and responsibilities” set forth in 17.5.410.42 NMAC, and a utility
can choose the method of enclosing the required statement of “customers’ right
and responsibilities”.
(2) Notice of winter moratorium protection. At a minimum, during the heating season, each
utility shall notify its residential customers who have not been previously qualified
for protection under the provisions of the winter moratorium of their rights
set forth in this rule and in the format required by this rule.
(3) The 15-day notice
shall include specific notice that the utility will not discontinue utility
service if the residential customer provides the utility either of the
following:
(a)
documentation for winter moratorium protection
in accordance with this rule; or
(b)
valid medical and financial certification forms
pursuant to this rule.
B. Final notice. Each utility shall communicate with a
residential customer by telephone, mail if delivery to the residential service
address can be verified, or personal contact at least two (2) days prior to the
specific date of discontinuance of service to: remind the residential customer
of the pending date of discontinuance of service; advise the residential
customer again of the potential availability of financial assistance for utility
service payments; obtain payment of delinquent accounts; and during the heating
season, provide a reminder of the protection under the moratorium.
(1) The utility shall
have up to five (5) business days from the specific date to perform the
disconnection of services or be required to reissue a final notice pursuant to
this subsection.
(2) The utility employee
who personally contacts a residential customer and the utility employee sent to
discontinue utility services shall note any information from the residential
customer that a person living in the residential customer’s residence is
seriously or chronically ill. Such
information shall immediately be reported to a utility employee authorized to
prevent discontinuance. That employee
shall either delay the discontinuance if it is apparent that the forms required
by this rule will be received, or state in writing why discontinuance of
service will not be delayed.
(3) However, a utility is
not required to delay discontinuance of service pursuant to Paragraph (2) of
Subsection B of 17.5.410.33 NMAC for more than two (2) times within a
twelve-month period. The utility and
utility employee shall be held harmless for errors made in good faith in
noting, acting upon, or failing to act upon the information provided by the
residential customer.
(4) A utility may use
reasonable means to verify the accuracy of information on a medical or
financial certification form.
(5) The utility employee
sent to discontinue utility service may be empowered to receive payment of
delinquent bills, and upon receipt of approved payment method, shall cancel the
discontinuance order.
(6) A utility shall not
issue a final notice of discontinuance of service to a residential customer
when the utility has received notice that actual termination is prohibited by
law.
C. Third-party
notification: Each utility shall
offer its residential customers a third-party notification program and
shall notify residential customers that such program is available. The utility shall extend the third-party
notification program to those residential customers who notify the utility in
writing of their desire to participate in the program and designate a specific
person, organization, or governmental agency that is ready, willing, and able
to assist the residential customer with the payment of utility bills. Upon receipt of such notice from a
residential customer, a utility shall not discontinue service to a
participating residential customer for nonpayment of past due charges without:
(1) contacting
the designated person, organization, or governmental agency by phone or in
writing at least fifteen (15) days prior to the proposed discontinuance of
service; and
(2) determining
that the designated person, organization, or governmental agency has not made a
commitment to assist with payment of the residential customer's past due charge
within a reasonable period of time.
D. Timing of
discontinuance of service. A utility
may discontinue service to a residential customer during the hours from 7:30
a.m. to 4:00 p.m. on Monday through Thursday.
A utility may not discontinue service less than twenty-four (24) hours
prior to a holiday or weekend unless the utility's business office is open for
receipt of payment of past due charges and utility personnel are available to
restore service during the holiday or weekend once payment is received.
[17.5.410.33 NMAC - Rp, 17.5.410.31 NMAC, 7-1-11]
17.5.410.34 EMERGENCY
DISCONTINUANCE OF SERVICE: Notwithstanding any other provision of
17.5.410 NMAC, a utility may temporarily and without notice discontinue
residential service for reasons of operation, maintenance, health, safety, or a
state of emergency.
[17.5.410.34 NMAC - Rp, 17.5.410.32 NMAC, 7-1-11]
17.5.410.35 RESTORATION
OF SERVICE: Upon a residential customer's request a utility
shall restore service promptly when the cause for discontinuance of service has
been eliminated, applicable restoration or reconnection charges paid, and, if
required, satisfactory payment arrangements have been made. At all times a reasonable effort shall be
made to restore service on the day restoration is requested, and in any event
restoration shall be made no later than the next working day following the day
on which the cause for discontinuance of service has been eliminated. Provided further that in the event a medical
certification and a financial certification contemplated by Paragraph (6) of
Subsection C of 17.5.410.42 NMAC is received, service
shall be reestablished within twelve (12) hours of receipt.
[17.5.410.35 NMAC - Rp, 17.5.410.33 NMAC, 7-1-11]
17.5.410.36 BILLING
DISPUTES; NOTICE BY RESIDENTIAL CUSTOMER; PAYMENT OF UNDISPUTED AMOUNT: A
residential customer may advise a utility by written notice, by telephone, by
email, or in person that utility charges are in dispute. If a residential customer disputes the amount
of utility charges, the residential customer shall pay the utility an amount
equal to that part of the utility charges not in dispute. The amount not in dispute shall be mutually
determined by the parties. Failure of a
residential customer to pay a utility the nondisputed
amount of utility charges shall constitute a waiver of the residential
customer’s right to continued service.
[17.5.410.36 NMAC - Rp, 17.5.410.34 NMAC, 7-1-11]
17.5.410.37 SETTLEMENT
OF DISPUTED AMOUNT:
A. When a utility
and a residential customer settle a dispute, the utility and residential
customer may enter into a settlement agreement to pay the amount of the
bill. If applicable, any excess amount
paid previously by the residential customer shall promptly be credited to the
residential customer's account, and if the amount is in excess of twenty-five
dollars ($25) and if so requested by the residential customer, the excess
amount shall promptly be refunded.
B. If the terms of
the settlement agreement extend beyond forty-five (45) days, it shall be
considered an installment agreement and shall be subject to the requirements of
17.5.410.40 NMAC.
C. If a residential
customer fails to comply with the settlement agreement, a utility shall notify
the residential customer at least seven (7) days before discontinuing service
that service will be discontinued.
D. A settlement
agreement to pay an outstanding past due balance does not relieve the
residential customer of the obligation to pay future bills on a current basis.
[17.5.410.37 NMAC - Rp, 17.5.410.36 NMAC, 7-1-11]
17.5.410.38 ADJUSTMENT
OF BILLS: Bills that are incorrect due to meter or
billing errors shall be adjusted in accordance with the requirements of
17.9.560 NMAC and 17.10.650 NMAC.
[17.5.410.38 NMAC - Rp, 17.5.410.38 NMAC, 7-1-11]
17.5.410.39 FILING COMPLAINT WITH
COMMISSION:
A. Notice to customers. If
the residential customer and utility are unable to resolve a dispute, the
utility representative shall:
(1) advise
the residential customer that if the complaint cannot be resolved to the
parties' satisfaction, each has a right to file an informal or formal complaint
with the commission; and
(2) give the residential
customer the address and telephone number where the residential customer may
file a complaint with the commission;
(3) if
the residential customer is a member of a New Mexico tribe or pueblo, the
utility shall advise the customer that he or she can request help with
translation or other assistance by contacting
the commission’s consumer relations division at (888) 427-5772, who will
contact the appropriate tribal or pueblo official for assistance.
B. Informal complaints by Native Americans. The commission’s consumer relations division,
to the extent practicable and consistent with applicable law, should process
informal complaints filed by Native Americans in accordance with any applicable
guidelines or directives established by the complainant’s tribe or pueblo.
[17.5.410.39 NMAC - Rp, 17.5.410.39 NMAC, 7-1-11]
17.5.410.40 INSTALLMENT
AGREEMENTS:
A. A utility shall
attempt to arrange an installment agreement for the payment of past due charges
when a residential customer who has not been chronically delinquent indicates
an inability to pay the charges. Service
will not be discontinued if, on or before the specific date for discontinuance,
the residential customer enters into an installment agreement with the utility. The utility may also maintain a list of
organizations in the area that may provide assistance to residential customers
in paying utility bills and shall notify residential customers that application
forms for LIHEAP are available upon request and at its billing offices. Utilities are encouraged to refer low-income
assistance inquiries to the administering authority consistent with Subsection
A of 17.410.41 NMAC.
B. A utility is not
required to enter into an installment agreement with a chronically delinquent
residential customer. However, if a
chronically delinquent residential customer can demonstrate to the utility that
the residential customer does not have adequate financial resources to pay the
outstanding bill without participation in an installment agreement because the
residential customer meets the qualifications of LIHEAP, or is subject to other
special circumstances, the utility shall give special consideration to such a
residential customer in determining whether to offer an installment agreement. In making such determination, a utility shall
accept documentation from the administering authority that such residential
customer meets the qualifications of LIHEAP.
C. Every
installment agreement shall provide that service will not be discontinued if the
residential customer pays a reasonable portion of the outstanding bill when
terms of the installment agreement are reached and agrees to pay the remaining
outstanding balance in reasonable installments until the bill is paid. For purposes of determining reasonableness
the parties shall weigh the following:
(1) the
size of the outstanding balance;
(2) the
residential customer's ability to pay;
(3) the
residential customer's payment history;
(4) the
time the balance has been outstanding;
(5) the
reasons why the balance has been outstanding;
(6) a
six month installment agreement for residential customers with significant
arrearages; and
(7) any
other relevant factors relating to the residential customer's service.
D. An installment
agreement to pay an outstanding past due balance on a bill does not relieve the
residential customer from the obligation to pay future bills on a current
basis.
E. If the
residential customer has entered into an installment agreement as provided by
this rule, the residential customer shall receive a statement of:
(1) the
actual service charges incurred for the current billing period;
(2) the
amount of the installment payment due; and
(3) the
total amount due (sum of (1) and (2)).
F. A residential
customer may offer the utility a proposed installment agreement or a proposed
change in the terms of an existing installment agreement. If the utility and the residential customer
do not reach an agreement, the utility may refuse the offer orally and shall
note in that residential customer’s records the reason for refusal and what
special consideration was given for residential customers who meet the
qualifications of LIHEAP. Upon final
refusal, the utility also shall provide oral notice of the right of the
residential customer to appeal the refusal to the commission.
[17.5.410.40 NMAC - Rp, 17.5.410.40 & 41 NMAC, 7-1-11]
17.5.410.41 FAILURE
TO COMPLY WITH INSTALLMENT AGREEMENT:
A. If a residential
customer fails to comply with an installment agreement, a utility may
discontinue service after notifying the residential customer by personal
delivery of written notice, by first class mail or electronic mail, if the
residential customer has elected to receive electronic billing,
that the residential customer is in default of the installment
agreement.
(1) The notice shall be
written in simple language in English and Spanish and shall state:
(a)
the nature of the default;
(b)
the specific date service shall be stopped; and
(c)
the following statements: "if you have difficulty paying this bill,
and feel you may qualify for assistance in paying your utility bill from the
low-income home energy assistance program (LIHEAP) or another assistance
program in your community, contact the human services department at
1-800-283-4465, the tribal or pueblo entity that administers a tribess or pueblo’s LIHEAP, or contact the residential
customer service representative at this utility; application forms for LIHEAP
are available at the billing offices of this utility, at the human services
department, and at the tribal or pueblo entity that administers a tribe’s or
pueblo’s LIHEAP; application forms
should be returned to the human services department or the tribe or pueblo
entity that administer’s a tribe’s or pueblo’s
LIHEAP; the human services department and the tribal or pueblo entity, and not
this utility, administer the program and determine your eligibility to receive
assistance."
(2) The notice shall also
state that unless a payment which brings the installment agreement current is
made within seven (7) days from the date of notice the utility will discontinue
service on or after the specific date identified in the notice; provided,
however, that during the period from November 15 to March 15, the provisions of
17.5.410.30 NMAC shall apply.
B. Each utility
shall provide a procedure for reviewing residential customer allegations that a
proposed installment agreement is unreasonable, that a utility charge is not
due and owing, or that the residential customer has not violated an existing
installment agreement. Such procedure
shall provide due notice to residential customers, shall not be conducted by
the credit department of the utility, and shall authorize the reviewing
employee to order appropriate corrective action. A utility shall not discontinue service until
the review is completed.
C. Nothing in
17.5.410.40 through 17.5.410.41 NMAC shall preclude a utility and a residential
customer from renegotiating the terms of an installment agreement.
[17.5.410.41 NMAC - Rp, 17.5.410.42 NMAC, 7-1-11]
17.5.410.42 CUSTOMERS’
RIGHTS AND RESPONSIBILITIES: A statement of customer’s rights and
responsibilities is required to be enclosed in each 15-day notice of
discontinuance of service and served by a utility on a residential customer
pursuant to 17.5.410.33 NMAC. Each
statement shall be in both English and Spanish and shall be on file with the
commission.
A. Each statement
shall be entitled in bold letters “your rights and responsibilities regarding
discontinuance of services”.
B. Each statement
shall be addressed to “Dear (utility name) residential customer.
C. Each statement
shall include:
(1) a statement that “this notice is to inform
you that your utility payment is past due; your service will be disconnected
after the date printed on the enclosed bill if payment is not made by then;
upon request, we can provide outstanding charge information to you including
the dates of service during which the outstanding charges were incurred and the
date and amount of the last payment”;
(2) a statement that “you
can participate in a payment plan if you can demonstrate that you do not have
the financial resources to pay the outstanding amount, or if you are low income
or are subject to other special circumstances”;
(3) a statement in
capital letters that “IF YOU HAVE DIFFICULTY PAYING THIS BILL, AND FEEL YOU MAY
QUALIFY FOR ASSISTANCE IN PAYING YOUR UTILITY BILL FROM THE LOW INCOME HOME
ENERGY ASSISTANCE PROGRAM, OR ANOTHER ASSISTANCE PROGRAM IN YOUR COMMUNITY,
CONTACT THE COMMUNITY ASSISTANCE SECTION OF THE HUMAN SERVICES DEPARTMENT AT
1-800-283-4465, THE TRIBAL OR PUEBLO ENTITY THAT ADMINISTERS A TRIBE’S OR PUEBLO’S LIHEAP, OR THE
CUSTOMER SERVICE REPRESENTATIVE AT THIS UTILITY”;
(4) a statement in
capital letters that “LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) APPLICATION
FORMS FOR THE LOW INCOME HOME ENERGY ASSISTANCE PROGRAM ARE AVAILABLE AT THE
BILLING OFFICES OF THIS UTILITY, AT THE
HUMAN SERVICES DEPARTMENT, AND AT THE TRIBAL OR PUEBLO ENTITY THAT ADMINISTERS
A TRIBE’S OR PUEBLO’S LIHEAP. YOU SHOULD
RETURN THE APPLICATION FORMS TO THE HUMAN SERVICES DEPARTMENT OR THE TRIBAL OR
PUEBLO ENTITY THAT ADMINISTERS THE PROGRAM AND DETERMINES YOUR ELIGIBILITY TO
RECEIVE ASSISTANCE”;
(5) a statement that “if
you believe that there is an error in your billing, contact us immediately for
a review; after you pay the undisputed amount of your bill, we will postpone
disconnection of your service until the dispute is resolved”;
(6) a statement that “if
you or someone in your household are seriously or chronically ill, we will not
disconnect your service, if at least two days before the disconnection date, we
receive an original of the attached [utility name] medical and financial
certification forms; the medical certification form must be completed by a
licensed medical professional; an original of the attached financial
certification form, stating that you qualify for financial assistance, must be
completed by an agency providing assistance in or for the state of New Mexico;
(7) a statement that “if
your service has been disconnected, we will restore service within twelve hours
after you have satisfied the certification requirements above; your obligation
to pay your bill is not relieved if service is continued or reestablished
because we receive these certifications”;
(8) a statement that
“between November 15 through March 15, if you qualify for low income home
energy assistance program (LIHEAP), you may be protected from having your services
disconnected for non-payment; for more information, please call us at (utility
telephone number)”;
(9) a
statement in capital letter that “TO RESTORE SERVICE THAT HAS BEEN
DISCONNECTED, A RECONNECT FEE OF $
MAY BE CHARGED”;
(10) a
statement of the utility-specific programs, if any;
(11) a statement that “we
can put you in touch with other organizations in your community that might be
able to help you; if you have a relative, friend, or agency that will assist in
paying your bills, and you want us to notify them when disconnect notices are
sent, contact us”;
(12) a
statement that “(utility budget bill program name) can help even out your
payments throughout the year; you still pay for all of the energy you use; you
can cancel your participation at any time; upon
cancellation, all amounts are due and become payable within 30 days; any
credits will be applied to your account”;
(13) a
statement “see your bill for your local (utility name) payment office location;
or, contact us for third-party and other pay locations nearest you”;
(14) a
statement “to contact us, call us at (utility phone number) from (utility hours)
(utility days); holiday hours vary or, go to (utility web site)”;
(15) a statement “if you
are not satisfied with the arrangements that we provide, you have the right to
file a complaint with the NMPRC, 1120 Paseo de
Peralta, Santa Fe, NM 87501; telephone 505-827-6940 or 1-888-4 ASK PRC or
1-888-427-5772”; and
(16) a statement that
“special consideration will be given to a residential customer who meets the
qualifications of LIHEAP, or has other special circumstances, in determining
deposits and installment agreements; in making such determination, a utility
shall accept documentation from the administering authority that such
residential customer meets the qualifications of LIHEAP.”
[17.5.410.42 NMAC -
N, 7-1-11]
17.5.410.43 MEDICAL
CERTIFICATION FORM:
MEDICAL CERTIFICATION - PLEASE NOTE: To be complete, ALL fields must
be filled in, valid, and legible. NOTE:
In order to continue to receive gas or electric service from (name of utility),
a complete medical certification form and a complete financial certification
form must be submitted. This certification is valid for ninety (90) days from
the signature date of medical professional.
PATIENT OR LEGAL GUARDIAN
I certify the
information provided is true and correct.
I understand that if I provide false information, I could be denied
continued medical emergency gas or electric utility service from (name of
utility company) _____________
I, (printed name of
patient) ________________, hereby authorize the medical professional signing
this certification to disclose to (name of utility company)_____________the
information contained in this medical certification form.
(patient or legal
guardian signature) ________________________________
(date) ______________________
PRIMARY UTILITY ACCOUNT HOLDER
I certify the
information provided is true and correct.
I understand that if I provide false information, I could be denied
continued medical emergency gas or electric utility service from (name of
utility company)______________
I, (printed name of
primary account holder)____________________, hereby certify that I am the person
responsible for the charges for gas or electric utility service at (service
address) _______________________________ and that a seriously or chronically
ill person (as defined by Rule 17.5.410.7 NMAC) resides there.
I further certify
that I will immediately notify (name of utility company)___________________
or arrange to have such notification provided, if there is a change in the
status of the seriously or chronically ill person residing at the service
address, including relocation or a change in the physical condition of such
person which renders continued medical emergency gas or electric utility
service unnecessary.
(primary
account holder signature) _________________________________ (date)
______________________
DOCTOR’S USE ONLY
I, (printed name of
medical professional) _________________________________ certify that: I am, (1)
a licensed physician or physician's assistant licensed or accepted by the New
Mexico medical board and practicing under the New Mexico Medical Practice Act,
(2) an osteopathic physician or osteopathic physician's assistant practicing
under the New Mexico Osteopathic Physician's Practice Act or (3) a certified nurse
practitioner licensed by the New Mexico board of nursing and practicing under
the New Mexico Nursing Practice Act; I hold license number/NPI
Number_____________; and that on (date)_________ I examined (name of patient)
________________________ who I am informed resides at (service address)
______________________________________________________
I certify that the
said person has the following condition in which loss of ____ gas or
____electric (please indicate type of service by checking) utility service
would give rise to substantial risk of death or gravely impair health and that
this condition qualifies as a serious or chronic illness pursuant to Rule
17.410.7 NMAC:
_____________________________________________________________________________________________
(Describe condition
and reasons for continued gas or electric utility service (if applicable, list
medically necessary equipment)).
DEFINITION OF SERIOUS OR CHRONICALLY ILL PER
RULE 17.5.410.7 NMAC: AN ILLNESS OR INJURY THAT RESULTS IN A
MEDICAL PROFESSIONAL'S DETERMINATION THAT THE LOSS OF GAS OR ELECTRIC UTILITY
SERVICE WOULD GIVE RISE TO A SUBSTANTIAL RISK OF DEATH OR GRAVELY IMPAIR HEALTH.
(signature
of medical professional) ________________ (date) ____________(office
address of medical professional) __________________ (telephone number, and fax
number of medical professional) _____________________
ONLY for patients
meeting the requirements for extended medical certification, also complete the
additional certification below if it applies to this patient:
DOCTOR’S USE ONLY – EXTENDED MEDICAL
CERTIFICATION (VALID FOR 1 YEAR)
I (printed name of
medical professional) ____________certify that the above mentioned patient's
medical condition (description of approved condition)_________________is
permanent and will not improve within 12 months from ______________ (today’s
date)
SEE OTHER SIDE FOR FINANCIAL CERTIFICATION
Revised
December, 2012
[17.5.410.43 NMAC - Rp, 17.5.410.43 NMAC, 7-1-11; A, 3-29-13]
17.5.410.44 FINANCIAL
CERTIFICATION FORM:
FINANCIAL
CERTIFICATION (VALID FOR 90 DAYS ONLY)
PLEASE NOTE: to be
complete, ALL fields must be filled in, valid and legible.
BY SIGNING BELOW, I,
THE ACCOUNT HOLDER, ACKNOWLEDGE THAT THIS CERTIFICATE DOES NOT RELIEVE ME OF MY
RESPONSIBILITY TO PAY MY CURRENT AND PAST BILLS WITH (NAME OF UTILITY).
• For administering authority (human
services department (HSD) or tribal authority) certification: primary account
holder completes Section I, and HSD or tribal authority completes Section II.
OR
• For self
certification: primary account holder completes Section III and attaches
a copy of the primary account holder's current medicaid
eligibility.
(Even when extended medical certification is authorized, financial recertification
is required every 90 days for the account holder.)
SECTION I -
AUTHORIZATION TO RELEASE INFORMATION – PRIMARY ACCOUNT HOLDER
I, (printed name of
primary account holder)_________, authorize
administering authority to release to (name of utility) information from my
file as deemed necessary for the purpose of qualifying for the medical
certification program.
I certify the
information provided is true and correct.
I understand that if I provide false information, I can be denied
continued medical emergency gas or electric utility service.
(primary
account holder’s signature)__________________________(utility
account number)__________________
(primary
account holder’s social security number) ________________(primary
account holder’s telephone number) ___________________ (service address, city,
state, zip code) ___________________________________________
SECTION II - ADMINISTERING AUTHORITY (HSD OR
TRIBAL) USE ONLY
I, (name of agency
representative)____________________, an authorized representative of
(administering authority)__________________ hereby certify that (primary
account holder and social security number) ________________________, the
primary account holder named in Section I, currently meets the income
guidelines as defined by the administering authority (such as low income home
energy assistance program (LIHEAP)
(agency representative
signature)____________________
(phone number and fax number) ______________________ (date)______________
SECTION
III —SELF CERTIFICATION - PRIMARY ACCOUNT HOLDER - ATTACH COPY OF CUR
-OR-
SECTION III - SELF CERTIFICATION - PRIMARY
ACCOUNT HOLDER - ATTACH COPY OF CURRENT NEW MEXICO
MEDICAID ELIGIBILITY FOR PRIMARY ACCOUNT HOLDER
I, (printed name of
primary account holder)________________ hereby certify
that I am the person responsible for the charges for gas or electric utility
service at (service address)_______________________and that a seriously or
chronically ill person (as defined by Rule 17.5.410.7 NMAC) (patient’s
name)___________________ resides there.
I certify the
information provided is true and correct.
I understand that if I provide false information, I could be denied
continued medical emergency gas or electric utility service.
(primary
account holder signature) ______________ (date) _________ (primary account
holder’s social security number) _____________________ (service address, city, state, zip
code)_________________________________
It is in the account
holder’s best interest to make regular payments toward current and past due
balances; the account holder is encouraged to contact (name of utility) to make
payment arrangements.
SEE
OTHER SIDE FOR MEDICAL CERTIFICATION
Revised December 2012
[17.5.410.44 NMAC - Rp, 17.5.410.44 NMAC, 7-1-11; A, 3-29-13]
HISTORY OF 17.5.410 NMAC:
Pre-NMAC Filing History:
General Order No. 5,
Regulations Governing Service Supplied by Electric Public Utilities, 1-1-42.
General Order No. 6, Regulations Governing Service Supplied by Gas
Public Utilities, 11-17-42
First Revised
General Order No. 6, Regulations Governing Service Supplied by Gas Public
Utilities, Case No. 753, 3-1-65.
First Revised
General Order No. 5, Regulations Governing Service Supplied by Electric Public
Utilities, Case No. 771, 9-1-65.
PSC
68-1, Statutes and General Orders, filed 1-16-68.
Second
Revised General Order No. 6, Regulations Governing Service Supplied by Gas
Public Utilities, Case No. 919, 9-18-68.
Second
Revised General Order No. 5, Regulations Governing Service Supplied by Electric
Public Utilities, Case No. 906, 9-19-68.
PSC
70-1, Statutes and General Orders, filed 7-9-70.
PSC 77-1, Amendments
to Second Revised General Order No. 5 and Second Revised General Order No. 6,
filed 4-4-77.
General Order No.
32, In the Matter of an Interim Policy Governing the Disconnection of Utility
Service to, filed 11-22-77.
General Order No.
32-A, Rules Governing Discontinuance of Utility Service for Non-Payment of Past
Due Utility Charges, filed 3-1-79.
General Order No.
34, Rules and Regulations Governing Residential Customer Services by Gas,
Electric and Rural Electric Cooperative Utilities, NMPUC Case No. 1504, filed
11-9-79.
NMPSC Rule 410,
Residential Customer Service by Gas, Electric, and Rural Electric Cooperatives,
Case No. 2086, filed 6-30-88; A, Case No. 2232, filed 12-22-88; A, Case No.
2308, filed 5-7-90; A, Case No. 2396, filed 8-9-91 NMPUC Rule 410, Residential
Customer Service by Gas, Electric, and Rural Electric Cooperatives, Case No.
2506, filed 10-4-93.
History of Repealed Material:
General Order No.
32, In the Matter of an Interim Policy Governing the Disconnection of Utility
Service to - Repealed, 8-9-88
General Order No.
32-A, Rules Governing Discontinuance of Utility Service for Non-Payment of Past
Due Utility Charges - Repealed, 3-23-87
17.5.410
NMAC, Residential Customer Service By Gas, Electric
and Rural Electric Cooperative Utilities filed 10-11-2001 was replaced by
17.5.410 NMAC, Residential Customer Service By Gas, Electric and Rural Electric
Cooperative Utilities, effective 07-1-2011.