Articles 1 through 6 and 8 through 13 of Chapter 62 NMSA 1978 may be cited as the "Public Utility Act".
History: Laws 1941, ch. 84, § 80; 1941 Comp., § 72-1101; 1953 Comp., § 68-11-1; 1993, ch. 220, § 1; 1993, ch. 282, § 39; 1993, ch. 351, § 1.
Compiler's notes. — Chapter 62, Article 3A, the Electric Utility industry Restructuring Act of 1999, enacted by Laws 1999, ch. 294, was not enacted as a part of the Public Utility Law. Presently the Public Utility Act consists of Chapter 62, Articles 1 to 3, 4 to 6, and 8 to 13 NMSA 1978.
Sections 62-13-1 to 62-13-14 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 13 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective. See Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
1993 amendments. — Identical amendments to this section were enacted by Laws 1993, ch. 220, § 1, effective June 18, 1993, Laws 1993, ch. 282, § 39, effective June 18, 1993 and Laws 1993, ch. 351, § 1, effective July 1, 1993, which rewrote the section, which read: "This act shall be known, and cited and referred to, as the Public Utility Act". The section is set out as amended by Laws 1993, ch. 351, § 1. See 12-1-8 NMSA 1978.
Law reviews. — For article, "Cost of Service Indexing: An Analysis of New Mexico's Experiment in Public Utility Regulation," see 9 N.M.L. Rev. 287 (1979).
For note, "Preemption - Atomic Energy," see 24 Nat. Res. J. 761 (1984).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 64 Am. Jur. 2d Public Utilities § 13.
73B C.J.S. Public Utilities § 63.
Structure New Mexico Statutes
Chapter 62 - Electric, Gas and Water Utilities
Article 13 - Public Utility Act Miscellaneous Provisions
Section 62-13-1 - Short title.
Section 62-13-2.1 - Refund of fees.
Section 62-13-4 - Interstate commerce not affected.
Section 62-13-6 - [Mortgages and deeds of trust; notice of lien; after-acquired property.]
Section 62-13-7 - [Prior mortgages and deeds of trust not impaired.]
Section 62-13-8 - Filing with the secretary of state.
Section 62-13-9 - Refiling instruments with any county clerk.
Section 62-13-11 - Recording notice in office of county clerk.
Section 62-13-12 - Effect of filing with the secretary of state; duration of filing.
Section 62-13-12.1 - Effect of instruments previously filed.
Section 62-13-13 - Deposits; interest.
Section 62-13-13.2 - Interconnected customers; utility cost recovery.
Section 62-13-13.3 - Renewable energy-related services; powers and duties of commission.