TITLE 17 PUBLIC
UTILITIES AND UTILITY SERVICES
CHAPTER 10 GAS
SERVICES
PART 2 PROPANE
CUSTOMER PROTECTION
17.10.2.1 ISSUING AGENCY: New
Mexico Public Regulation Commission.
[17.10.2.1 NMAC - N,
12-15-10]
17.10.2.2 SCOPE:
A. This rule applies to propane dealers operating within New Mexico subject to the jurisdiction of the New Mexico public regulation commission.
B. Nothing in this rule shall supersede a federal or New Mexico law, rule, code or regulation designed to protect customer safety or public safety with respect to propane. If there is a conflict with this rule, such law, rule, code or regulation shall take precedence to the extent of that conflict.
C. All proceedings
conducted by the commission under this rule shall be governed by the commission’s
rules of procedure, 1.2.2.2 NMAC through 1.2.2.40 NMAC.
[17.10.2.2 NMAC - N, 12-15-10]
17.10.2.3 STATUTORY AUTHORITY: Sections
8-8-4, 8-8-4.1 and 8-8-15 NMSA 1978.
[17.10.2.3 NMAC - N, 12-15-10]
17.10.2.4 DURATION:
Permanent.
[17.10.2.4 NMAC - N,
12-15-10]
17.10.2.5 EFFECTIVE DATE: December
15, 2010; unless a later date is cited at the end of a section.
[17.10.2.5 NMAC - N, 12-15-10]
17.10.2.6 OBJECTIVE: The
purpose of this rule is to establish a uniform set of standards defining the
rights and responsibilities of propane customers and dealers. The purpose of this rule is also to ensure
that dealers provide customers with transparent, accurate and timely
information. This rule establishes a
process within the commission for the resolution of customers’ complaints.
[17.10.2.6 NMAC - N,
12-15-10]
17.10.2.7 DEFINITIONS:
Unless otherwise specified, as used in this rule:
A. "budget
billing plan" means an
agreement between a customer and a dealer intended to levelize or average the
monthly billing for propane and propane services;
B. "customer" means a purchaser of propane who purchases
propane from a dealer to heat the interior of a dwelling or structure or to
heat water, is legally liable for the payment of those purchases and does not
purchase propane for resale;
C. "customer rate variation"
means a variation of prices charged by a propane dealer to customers;
D. "dealer"
means a retail distributor of propane who delivers propane to customers’
premises and fills propane tanks at those premises;
E. "delinquent"
means the status of a bill rendered to a customer for propane service which
remains unpaid after the due date of the bill;
F. "important Information for New Mexico propane
consumers (IINMPC)" means a document in Spanish and English for residential
customers created and updated by the commission and posted on its website that shall
contain at a minimum:
(1) the toll-free
telephone number of the commission’s consumer relations division;
(2) information regarding LIHEAP application
forms, qualification requirements, application procedures and locations at
which residential customers may submit LIHEAP applications;
(3) information regarding New Mexico energy$mart
application forms, qualification requirements, application procedures and
locations at which residential delivery customers may submit energy$mart applications;
and
(4) other information as
may be specified by the commission from time to time such as:
(a)
tips for new and existing consumers;
(b)
a description of propane;
(c)
questions consumers may ask dealers;
(d)
service termination rights and obligations as set forth in this rule;
(e)
tips for budget billing plans; and
(f)
payment plans and payments;
G. "LIHEAP" means the low-income home energy assistance
program administered by the New Mexico human services department or a tribe’s
or pueblo’s low-income home energy assistance program administered under
Section 27-6-18.1 NMSA 1978;
H. "New Mexico energy$mart"
means the low-income weatherization assistance program administered by the New
Mexico finance authority;
I. "payment agreement"
means an agreement between a dealer and a customer in which the customer makes
a series of payments scheduled over a period of
more than forty-five (45) days to pay the customer’s past due balances;
J. "propane"
means liquefied petroleum gas and LP gas;
K. "residential
customer" means a person who purchases propane from a dealer to heat
the interior of a dwelling house or other structure used as a residence, who is
legally liable for the payment of those purchases and who does not purchase
propane for resale;
L. "service" means the provision of propane by a dealer
to a customer to heat the interior of a dwelling or other structure or to heat
water;
M. "schedule of charges"
means the documentation provided by the dealer to the customer identifying and
serving as notice of all relevant charges and fees and prices related to
propane services.
[17.10.2.7 NMAC - N,
12-15-10]
17.10.2.8 VARIANCE: Dealers
or customers seeking a variance from this rule shall follow the commission’s
procedure in 1.2.2.40 NMAC.
[17.10.2.8 NMAC - N,
12-15-10]
17.10.2.9 TANK RENTAL, OWNERSHIP AND
REMOVAL:
A. Rentals: a dealer
shall disclose to customers, in writing, upon initiation of service and upon
request, all annual tank rental fees, including fees for tank removal, propane
pump-out, minimum fills and partial fills.
B. Ownership: a customer may use his own tank and regulator.
C. Removal of rental tank: a customer may change propane dealers for any
reason, absent a contractual agreement to the contrary. When a customer who rents a tank from a
dealer lawfully changes dealers, the first dealer shall remove its rental tank
from the customer’s property within thirty (30) days after receiving written
notice of the change and shall issue a refund within thirty (30) days for the
unused propane and tank rental balances due under terms of the tank rental
agreement.
[17.10.2.9 NMAC - N, 12-15-10]
17.10.2.10 BUDGET
BILLING PLANS:
A. A dealer should offer reasonable budget billing plans to its residential
customers. The offer of budget billing plans shall not be unreasonably withheld.
B.
Budget billing plans shall be binding contracts under New Mexico law and shall
be in writing. The pricing and time period language shall be printed in no less
than 12-point boldface type of uniform font.
C. Budget billing plans may include a requirement for a deposit sufficient to ensure full payment to the dealer.
D. A budget billing plan shall provide that if a credit remains at the end of the budget billing plan term, that credit, including any deposit, shall be reimbursed to the residential customer not later than thirty (30) days after the end date of the plan, unless the dealer and residential customer agree otherwise.
[17.10.2.10 NMAC -
N, 12-15-10]
17.10.2.11 PAYMENTS
AND PAYMENT AGREEMENTS:
A. A dealer shall
make a reasonable effort to enter into a payment agreement with a residential customer
with a delinquent or past due account.
B. Payment
agreements shall be binding contracts under New Mexico law and shall be in
writing. The pricing and time period
language shall be printed in no less than 12-point boldface type of uniform
font.
C. A dealer shall
make reasonable efforts to provide service to a residential customer who offers
cash payments.
D. A dealer shall
make reasonable efforts to incorporate LIHEAP payments, if applicable, into
payments and payment plans.
[17.10.2.11 NMAC - N,
12-15-10]
17.10.2.12 CONTENTS
OF BILLS AND METERED FUEL TICKETS:
A. Bills for propane goods, services and
equipment shall include:
(1) the number of gallons
metered;
(2) the date the bill is
due;
(3) the amount due for,
and explanation of, special services and fees including but not limited to, hazardous
materials and environmental fuel surcharges;
(4) the total amount due for
a previous balance separately presented from the current charges;
(5) gross receipts taxes
and any other taxes, if not part of the base rate;
(6) the address and phone
number of the dealer designating where the customer may initiate an inquiry or
complaint regarding the bill as rendered of the service provided;
(7) the toll-free number
of the consumer relations division of the commission, together with a statement
advising customers that they may contact the commission if they are unable to
resolve a billing dispute with the dealer; and
(8) a current copy in English
and Spanish of the document IINMPC to be provided upon initiation of service
for new customers, and annually in October for existing customers.
B. Metered
fuel tickets:
(1) for those customers who receive metered
fuel tickets, if the information in Paragraphs
(1)-(7) of Subsection A of this section (above) is omitted from the ticket,
dealers shall provide it on a document either attached to the ticket or mailed
to the customer within thirty (30) days of delivery;
(2)
the document IINMPC shall be provided upon initiation of service for new
customers, and annually in October for existing customers.
[17.10.2.12 NMAC - N, 12-15-10]
17.10.2.13 PUBLIC NOTICE OF CUSTOMER RIGHTS: A
dealer shall display a current copy of the IINMPC document in English and
Spanish at all of its retail locations and on its website if applicable, and
shall make this information available to the general public upon request. The document shall contain the telephone
number for filing a complaint with the consumer relations division of the
commission.
[17.10.2.13 NMAC - N, 12-15-10]
17.10.2.14 NOTICE,
AVAILABILITY AND PUBLIC ACCESS TO SCHEDULE OF CHARGES: A
dealer shall keep for at least ninety (90) days and provide public access to,
its current charges for service, including the current price of propane and
pricing categories used to establish customer rate variations. This information
shall be available to customers and potential customers upon request. The
dealer shall make this information available in writing to new customers before
an agreement is entered to commence propane service and to existing customers
with the next propane delivery after the effective date of this rule. A dealer is not required to disclose prices under
special agreements.
[17.10.2.14 NMAC -
N, 12-15-10]
17.10.2.15 REPORTS TO THE COMMISSION: A dealer
shall report the information required by Section 17.10.2.14 NMAC within ten
(10) business days upon commission request.
[17.10.2.15 NMAC -
N, 12-15-10]
17.10.2.16 QUOTED
PRICES AND CHARGES: When a customer places a valid order for
propane, the dealer shall honor the quoted price for the requested delivery,
even if the actual delivery is at some other date for reasons not caused by the
customer.
[17.10.2.16 NMAC -
N, 12-15-10]
17.10.2.17 MINIMUM QUANTITY REQUIREMENT: Prior
to delivery, a dealer shall notify customers of the minimum quantity of propane
required for their tank size, and of the charges for that minimal fill and for
partial fills below the minimal amount.
A dealer shall use reasonable efforts to help a customer maintain an
adequate supply of propane. A dealer
shall not require a customer to make a minimum purchase of more than 100 gallons
at a time or more than the total capacity of the customer’s existing tank,
whichever is less, unless the customer and the dealer have entered into a
budget billing plan. This applies to all
deliveries, including the initial installation.
[17.10.2.17 NMAC - N, 12-15-10]
17.10.2.18 CUSTOMER RECORDS:
A. Upon request, a dealer shall furnish
to the customer copies of the customer’s records for the prior twelve months. A
dealer may charge a reasonable fee for copying these records.
B. A dealer shall furnish copies of a
customer’s records relevant to a matter in dispute to anyone authorized in
writing by the customer to receive these records.
C. A
dealer shall correct any non-disputed mistakes in a customer’s payment history
that are brought to its attention.
[17.10.2.18 NMAC - N, 12-15-10]
17.10.2.19 COMPLAINTS:
A. A dealer shall fully and promptly investigate and respond to all oral
and written complaints made directly to the dealer by customers or prospective
customers. The dealer shall make a good faith attempt to resolve the complaint
and shall promptly notify the customer of its proposed disposition of the
complaint, but no later than thirty (30) business days after the complaint was
made. The dealer shall send written confirmation of its proposed disposition of
the complaint to the customer.
B. If a dealer cannot resolve a complaint to a customer’s satisfaction,
the dealer shall provide the complainant with the name, address and current
local or toll-free telephone number of the consumer relations division of the
commission.
C. At any time, a
customer may file an informal complaint against a dealer by contacting the consumer
relations division or may file a formal complaint with the commission, as
stated in 1.2.2.13 NMAC through 1.2.2.15 NMAC. For Native Americans requesting
help with translation, commission staff should contact the appropriate tribal
or pueblo official for assistance.
D. Nothing in this rule
shall bar customers or the attorney general from pursuing remedies for
complaints under the Unfair Practices Act, Sections 57-12-1 through 57-12-26
NMSA 1978. Nothing in this rule shall bar customers from pursuing remedies for
disputes in New Mexico courts.
[17.10.2.19 NMAC -
N, 12-15-10]
HISTORY OF 17.10.2 NMAC: [RESERVED]