This rule was
filed as NMPSC Rule 120.
TITLE 17 PUBLIC UTILITIES AND UTILITY
SERVICES
CHAPTER 1 UTILITIES GENERAL PROVISIONS
PART 120 RULEMAKING PROCEDURES
17.1.120.1 ISSUING AGENCY:
New Mexico Public Service Commission [New Mexico Public Regulation Commission.
[Recompiled
12/30/01]
17.1.120.2 SCOPE:
NMPSC Rule 120 [17.1.120 NMAC] shall apply to all rulemaking proceedings
pursuant to the Public Utility Act.
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12/30/01]
17.1.120.3 STATUTORY AUTHORITY:
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17.1.120.4 DURATION:
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17.1.120.5 EFFECTIVE DATE:
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17.1.120.6 OBJECTIVE:
The purpose of NMPSC Rule 120 [17.1.120 NMAC] is to establish a
rulemaking procedure which will enable the New Mexico Public Service Commission
[New Mexico Public Regulation Commission] to secure the views and statements of
all interested persons concerning rules and regulations adopted pursuant to the
Public Utility Act, NMSA 1978, Section 62-6-1.
[Recompiled
12/30/01]
17.1.120.7 DEFINITIONS:
When used in NMPSC Rule 120 [17.1.120 NMAC] unless otherwise specified
the following definitions shall apply.
A. "Commission" means the New Mexico Public
Service Commission [New Mexico Public Regulation Commission].
B. "Rule" or "Regulation" means the
whole or any part of every Commission rule concerning utilities under this
Commission's jurisdiction, pursuant to the Public Utility Act, but shall not
include statements of policy or interpretive rulings issued to clarify the
policy of the Commission with respect to the Act.
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12/30/01]
17.1.120.8 [TABLE OF CONTENTS]
A. Preamble
[17.1.120.6 NMAC]
B. Applicability
[17.1.120.2 NMAC]
C. Definitions
[17.1.120.7 NMAC]
D. Rulemaking Prerequisites [17.1.120.9 NMAC]
E. Rulemaking Hearings
[17.1.120.10 NMAC]
F. Hearing Examiner
[17.1.120.11 NMAC]
G. Record of the Rulemaking Hearing [17.1.120.12 NMAC]
H. Additional Comments
[17.1.120.13 NMAC]
I. Order of Advance Notice of Rulemaking [17.1.120.14 NMAC]
J. Filing of Rules
[17.1.120.15 NMAC]
[Recompiled 12/30/01]
17.1.120.9 RULEMAKING PREREQUISITES:
A. Prior to the adoption, amendment, or repeal of any
rule the Commission shall publish notice of its proposed action in the New
Mexico Register and at least forty-five (45) days prior to its proposed action:
(1) Publish notice of its proposed action in
newspapers of general circulation in the State of New Mexico so as to achieve
statewide circulation;
(2) Notify utilities under its jurisdiction
by mail and any person or group filing a written request for such notification
to the Public Service Commission [New Mexico Public Regulation Commission],
notification being by mail to the last address specified by the person or
group. Requests from such persons or groups shall be renewed in December of
each year. Notification under this rule shall include a copy of the proposed
rulemaking.
B. The notice described in (a) [Subsection A of
17.1.120.9 NMAC] above shall:
(1) Give the date, time, and place of any
public hearing and state the manner in which comments may be submitted to the
Commission by interested persons;
(2) Describe the substance of the proposed
action;
(3) State a location where the proposed rule
may be obtained or a written address from which the proposed rule may be
procured by mail; and
(4) Include reference to the statutory
authority under which the rule is proposed.
C. The Commission shall afford all interested persons
reasonable opportunity to submit written data, views, or arguments in support
of or opposition to a proposed rule. Any interested person seeking to modify a
proposed rule in any way must submit a proposed modification in writing to the
Commission within thirty (30) calendar days after notice is mailed along with
views or arguments in support of the modification. If after review of the written data, views, or arguments in
support of the proposed modification the Commission finds that further comments
are necessary, it may take such statements at a public rulemaking hearing. The
Commission shall consider fully all comments respecting the proposed rule prior
to a final decision.
D. Written data, views, or arguments shall be legible
(not less than elite typeface), not to exceed a width of 8 - 1/2 inches and a
length of 13 inches. If a visual aid is used during an oral presentation, an
exact reproduction of the visual aid must be submitted as stated above. If
slide photographs are used during an oral presentation, photographic copies
must be submitted.
E. Adoption of any rule will be through the issuance of
an order of the Commission adopting the rule. The Commission shall include in
its order a statement of reasons for adopting the rule. All persons heard or
represented at any hearing or who submit any comments to be considered in
connection with the proposed rule shall be delivered copies of the order and
the rule adopted thereby.
[Recompiled
12/30/01]
17.1.120.10 RULEMAKING HEARINGS:
In the event the Commission decides to take additional comments at a
hearing, rulemaking hearings shall be conducted as follows:
A. The rules of civil procedure and the rules of
evidence shall not apply.
B. Unless the circumstances otherwise justify the order
of appearance will be as follows:
(1) Comments of Commission staff,
(2) Comments of each proponent,
(3) Comments of each opponent, and
(4) Comments of other interested persons.
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17.1.120.11 HEARING EXAMINER:
The Commission may appoint a Hearing Examiner to conduct the hearing and
receive evidence. The Hearing Examiner will be authorized to make all rulings
in the conduct of the proceedings and in the receipt of statements and
supporting data. All utilities affected by the action of the Commission and
other interested persons who have submitted data to the Hearing Examiner or who
have otherwise participated in the proceedings shall be furnished a copy of the
recommendations of the Hearing Examiner. Written comments regarding the Hearing
Examiner's recommendations must be submitted directly to the Commission no
later than fifteen (15) calendar days after the filing of said recommendations.
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12/30/01]
17.1.120.12 RECORD OF THE RULEMAKING
HEARING:
A. A record shall be made at each proceeding, the cost
of which shall be borne by the Commission. Transcript costs shall be paid by
those persons requesting transcripts. The cost of providing transcripts to the
Commission shall be borne by the Commission.
B. The record shall be closed at the conclusion of the
proceeding unless the Commission or Hearing Examiner holds it open for no
longer than thirty (30) days for the purpose of receiving additional written
supporting data. Additional written supporting data shall be limited to those
matters for which permission was expressly granted, and the Commission or
Hearing Examiner may make provisions for response to the written supporting
data by those persons who participated in the proceeding. Persons submitting
additional written supporting data or responses to the written supporting data
shall provide to the Commission seven (7) copies of each supporting data or
response.
C. The court reporter shall provide an index in the
front of each transcript which states:
(1) The name of each individual;
(2) The pages at which an individual's
statements appear;
(3) Identification of supporting data; and
(4) The pages at which supporting data was
introduced, was entered, and appears in the transcript.
[Recompiled
12/30/01]
17.1.120.13 ADDITIONAL COMMENTS:
At the conclusion of the hearing the Commission or Hearing Examiner may
request participants to submit prepared findings of fact, conclusions of law,
briefs, or other pertinent supporting information.
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12/30/01]
17.1.120.14 ORDER OF ADVANCE NOTICE OF
RULEMAKING: For purposes of developing proposed rules
and regulations under NMPSC Rule 120 [17.1.120 NMAC], the Commission may order
utilities under its jurisdiction to submit specific information reasonably
required and pertinent to the rulemaking, may request attendance at informal
meetings or workshops, and may invite participation in generic hearings. At
least thirty (30) days' notice of the time, place, and date of such meetings,
workshops, or generic hearings shall be given to each affected utility and
other interested parties requesting such information.
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17.1.120.15 FILING RULES:
Each rule, amendment, or repeal thereof adopted by the Commission shall
be filed with the State Records Center in accordance with NMSA 1978, Section
14-4-3 and with the New Mexico Register in accordance with NMSA 1978, Section
14-4-7.1.
[Recompiled
12/30/01]
17.1.120.16 [HISTORY: Codified by NMPSC Case No. 2086, order dated
June 30, 1988, unless otherwise noted. Formerly NMPSC General Order No. 29,
superseded for purposes of rule reorganization and codification; Amended by
NMPSC Case No. 2311, order dated April 16, 1990.]
[Recompiled
12/30/01]
[Compiler's
Note: The final section of General
Order No. 29 provided that "[t]his Order shall be effective upon filing
with the State Record's Center."
This provision is omitted from NMPSC Rule 120 [17.1.120 NMAC] because it
refers specifically to the status of General Order No. 29, which is now
superseded for purposes of codification.]
HISTORY OF
17.1.120 NMAC:
Pre-NMAC
History: The material in this part was
derived from that previously filed with the Commission of Public Records-State
Records Center and Archives:
PSC-GO 29, (Case
No. 1350) In The Matter Of The Adoption Of Proposed Rulemaking Rules And
Regulations under the Public Utility Act.
Section 68-5-1 N.M.S.A. Volume 10, Part 1; (PSC/G.O. 29) Rulemaking
Regulations Under The New Mexico Public Utility Act, 6/9/77.
NMPSC Rule 120,
Rulemaking Procedures, 6/30/88.
History of
Repealed Material: [RESERVED]