New Mexico Register / Volume XXXI, Issue 7 / April 7, 2020
NOTICE
OF ISSUANCE OF EMERGENCY RULES
Prohibiting
public utilities subject to the jurisdiction of the New Mexico Public Regulation
Commission specifically, investor-owned electric, rural electric cooperatives,
gas and water, from the disconnection of residential utility service during the
time period the Emergency Executive Orders 2020-004 Declaring a Public Health
Emergency and 2020-005 through 2020-0010 remain in effect
SPECIFIC
AUTHORITY
Pursuant
to Section 8-8-15 (C) NMSA 1978, Section 14-4-5.6 NMSA 1978 and Section 62-6-4
NMSA 1978 and pursuant to the authority granted under Executive Orders
2020-004, 2020-005, 2020-006, 2020-007, 2020-008, 2020-009, and 2020-010 issued
by Michelle Lujan Grisham, the Governor of the State of New Mexico, the New
Mexico Public Regulation Commission shall issue emergency temporary amendments
to 17.9.560.12 NMAC, 17.10.650.11 NMAC and 17.12.760.10 NMAC to become
effective immediately upon filing. These
amendments shall be temporary in nature and the amended rules will revert to
their previous versions by effect of law 180 days after the emergency rule
amendments are filed.
CONCISE
EXPLANATORY STATEMENT
On
March 11, 2020, and on March 15, 2020,
Michelle Lujan Grisham, the Governor of the State of New Mexico,
declared in Executive Order 2020-004 and related Executive Order 2020-005,
2020-006, 2020-007, 2020-008, 2020-009, and 2020-010 that a Public Health
Emergency exists in New Mexico under the Public Health Emergency Response Act,
and invoked the All Hazards Emergency Management Act by directing all cabinets,
departments and agencies to comply with the directives of the declaration and the
further instructions of the Department of Health due to COVID-19. On March 12,
2020, the Secretary of the New Mexico Department of Health issued Public Health
Emergency Order to Limit Mass Gatherings due to COVID-19. As a result of the
aforementioned, there has been an immediate negative economic effect upon New
Mexico’s and the world’s economy due to the requirements of social distancing,
remote working, and the laying off of workers due to the closure of certain
businesses having little or no economic activity. The end result is that certain residential
customers may temporarily be without sufficient funds to timely make full
payment of their public utility bills during the time period of the COVID-19
public health emergency. Such customers may also experience difficulty
transmitting payment without contravening social distancing protocols and
placing themselves at increased risk of transmission of the coronavirus-COVID
19.
On
March 18, 2020, the Commission issued an Order in Case No. 20-00069-UT, in accordance
with Section 8-8-15 C. NMSA 1978 of the New Mexico Public Regulation Act. and
Section
14-4-5.6 NMSA 1978 (2017), finding that due to the above stated reasons: a) a
state of emergency exists that causes an “imminent peril to the public health,
safety or welfare” that requires the
adoption and issuance of an immediate temporary emergency rule prohibiting the
discontinuation of residential customer utility service during the time period
of the Governor’s Executive Orders 2020-004 through 2020-0010 are in effect;
and b) due to the above stated reasons, the
“immediate adoption… of a rule is necessary for the preservation of the
public peace, health, safety or general welfare….” Therefore, the Commission issued the March
18, 2020 Order, pursuant to its authority under NMSA 1978, Section 62-6-4 A,
immediately adopting and issuing an temporary emergency rule prohibiting the
discontinuation of residential customer utility service during the time period
of the Governor’s Executive Orders 2020-004 through 2020-0010 are in effect;
DESCRIPTION
OF EMERGENCY RULE AMENDMENTS
The
emergency temporary amendments to Subsection (G) of 17.9.560.12 NMAC,
Subsection (G) of 17.10.650.11 NMAC and 17.12.760.10 NMAC shall be immediately
and temporarily adopted for the purpose of ensuring that public utilities
subject to the jurisdiction of the New Mexico Public Regulation Commission,
specifically investor-owned electric utilities, rural electric cooperatives,
gas utilities and water utilities, are prohibited from the disconnection of the
utility service of residential customers for non-payment during the period of
time the Governor of the State of New Mexico’s Executive Order 2020-004
declaring a public health emergency under the Public Health Emergency Response
Act and under the All Hazards Emergency Act, as well as Executive Orders
2020-005 through 2020-0010 remain in effect.
The emergency temporary amendments shall state: Public utilities are
prohibited from discontinuing residential customer utility service during the
time period the Governor’s Executive Orders 2020-004 through 2020-0010 are in
effect. Disconnections for non-payment issued on or after March 11, 2020 (the
effective date of the Emergency Executive Orders) are suspended for the
duration of the effectiveness of the Emergency Executive Orders. Late fees related to these bill payments
shall be waived. Public utilities are
not prohibited from disconnecting service to residential customers due to: a)
an emergency; b) safety; or c) a request to disconnect from the residential
customer. Public utilities are permitted
to temporarily and immediately close in-person bill payment locations as long
as they provide notice to residential customers regarding the same and notice how
to pay electronically or by mail. In the
event of closure of in-person bill payment locations, public utilities shall be
permitted to continue to collect credit card or bank fees in accordance with
their own Commission approved and filed tariffs. Medical certificates set to
expire shall not expire for the duration of the effectiveness of the Emergency
Executive Orders and shall automatically be extended for 90 days from the end
of the Emergency Executive Orders.