TITLE 17 PUBLIC UTILITIES AND UTILITY SERVICES
CHAPTER 12 WATER SERVICES
PART 760 CUSTOMER SERVICE RULES AND REGULATIONS FOR WATER
UTILITIES
17.12.760.1 ISSUING AGENCY: New Mexico Public Public Regulation
Commission.
[17.12.760.1 NMAC - Rp, 17.12.760.1 NMAC, 11/10/2020]
17.12.760.2 SCOPE: 17.12.760
NMAC shall apply to any water utility operating within the state of New
Mexico under the jurisdiction of the new mexico public regulation commission.
[17.12.760.2 NMAC - Rp, 17.12.760.2 NMAC, 11/10/2020]
17.12.760.3 STATUTORY AUTHORITY: Section 8-8-15 NMSA 1978; Sections 62-3-1 NMSA 1978, 62-3-3 NMSA 1978,
62-3-4 NMSA 1978, 62-6-1 NMSA 1978, 62-6-4 NMSA 1978, 62-6-16 NMSA 1978,
62-6-18 NMSA 1978, 62-6-19 NMSA 1978, 62-6-20 NMSA 1978, 62-6-21 NMSA 1978,
62-6-22 NMSA 1978, 62-8-3 NMSA 1978, 62-8-10 NMSA 1978, and 62-9-1 NMSA 1978.
[17.12.760.3 NMAC - Rp, 17.12.760.3 NMAC, 11/10/2020]
17.12.760.4 DURATION: Permanent.
[17.12.760.4 NMAC - Rp, 17.12.760.4 NMAC, 11/10/2020]
17.12.760.5 EFFECTIVE DATE: November 10, 2020 unless a later date is cited at
the end of a section.
[17.12.760.5 NMAC - Rp, 17.12.760.5 NMAC, 11/10/2020]
17.12.760.6 OBJECTIVE: 17.12.760 NMAC is intended to
promote safe and adequate service to the public, to provide standards for
uniform and reasonable practices by water utilities under the jurisdiction of
the public regualtion commission, and to establish a basis for determining the
reasonableness of such demands as may be made by the public upon such water
utilities. If unreasonable hardship to
such a water utility or to a customer of such a water utility results from the
application of any provision herein prescribed, application may be made to the
commission for the modification of the provision or for temporary or permanent
exemption from its requirements. The public regulation commission is not
precluded from altering or amending 17.12.760 NMAC or from making such modifications
with respect to its application as may be found necessary to meet exceptional
conditions. These regulations shall not
relieve any water utility operating within the state of new mexico subject to
the jurisdiction of the public regulation commission from its duties under the laws of this state.
[17.12.760.6 NMAC - Rp, 17.12.760.6 NMAC, 11/10/2020]
17.12.760.7 DEFINITIONS: [RESERVED]
[17.12.760.7 NMAC - Rp, 17.12.760.7 NMAC, 11/10/2020]
17.12.760.8 [RESERVED]
[17.12.760.8 NMAC - Rp, 17.12.760.8 NMAC, 11/10/2020]
17.12.760.9 CUSTOMER SERVICE RULES AND
REGULATIONS: The customer
service rules and regulations set forth in 17.12.760 NMAC establish the
responsibilities and rights of jurisdictional water utilities and their
residential customers in their water service relationship. Nothing herein shall prevent any utility from
adopting customer service rules and regulations which do not conflict with but
which are additional to those set forth herein to cover special circumstances.
[17.12.760.9 NMAC - Rp, 17.12.760.9 NMAC, 11/10/2020]
17.12.760.10 FORMAT FOR CUSTOMER SERVICE RULES AND
REGULATIONS:
A. For the convenience of the utilities
the customer service rules and regulations herein are set forth in the
appropriate format. (See, Attachment
link for the pdf copy for 17.12.760.10 NMAC)
B. But
for the utility’s ability to disconnect residential service due to an
emergency, safety concerns,
or by customer request, the following
rules regarding disconnection of residential utility service may be implemented
on a temporary basis by order of the commission for a period of time, up to and
including, the duration of any emergency executive order issued by the governor
of New Mexico pertaining to a public health or other emergency condition under
either the Public Health Emergency Response Act, Section 12-10A-1 NMSA
1978, and the All Hazards Emergency Management Act, Section 12-10-1 NMSA 1978:
(1) all utilities
may be prohibited from discontinuing residential utility service for
non-payment during the time period the emergency executive orders are in
effect;
(2) any late fees on residential
accounts that would be incurred during the time period of the effectiveness of
the emergency executive orders may be required to be waived;
(3) utilities
may be permitted to temporarily close in-person bill payment locations
provided the utility provides notice to
residential customers of such closures and identifies in such notice how
payment made be made, including electronically or by mail. In the event of the
closure of in-person bill payment locations, utilities shall be permitted to
continue to collect credit card or bank fees in accordance with their own
commission approved and filed tariffs;
(4) medical
certificates set to expire shall not expire for the duration of the
effectiveness of any emergency executive order and may be automatically be
extended for 90 days from the end of any emergency executive order.
[17.12.760.10 NMAC - Rp, 17.12.760.10 NMAC, 11/10/2020]
17.12.760.11 [RESERVED]
[17.12.760.11 NMAC - Rp, 17.12.760.11 NMAC, 11/10/2020]
HISTORY OF 17.12.760 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.
General Order No. 42, Regulations Governing Water
Utilities, filed 5/2/1984.
NMPSC Rule 760, Customer Service Rules and Regulations
for Water Utilities, filed 6/30/1988.
History
of Repealed Material:
17 NMAC 12.760 - Customer
Service Rules And Regulations For Water Utilities (filed 1/16/1990), repealed effective 11/10/2020.
Other:
17 NMAC 12.760 - Customer
Service Rules And Regulations For Water Utilities filed (1/16/1990) replaced by 17.12.760 NMAC - Customer Service Rules And Regulations For
Water Utilities, effective 11/10/2020.