Any consumer or user may have any meter or measuring device tested by the utility once without charge after a reasonable period to be fixed by the commission by rule, and at shorter intervals upon payment of reasonable fees fixed by the commission. The commission shall declare and establish reasonable fees to be paid for other examining and testing [of] such meters and other measuring devices on the request of the consumer. If the test is requested to be made within the period of presumed accuracy as fixed by the commission since the last such test of the same meter or other measuring device, the fee to be paid by the consumer or user at the time of his request shall be refunded to the consumer or user if the meter or measuring device be found unreasonably defective or incorrect to the substantial disadvantage of the consumer or user. If the consumer's request is made at a time beyond the period of presumed accuracy fixed by the commission since the last such test of the same meter or measuring device, the utility shall make the test without charge to the consumer or user.
History: Laws 1941, ch. 84, § 34; 1941 Comp., § 72-522; 1953 Comp., § 68-5-22; Laws 1965, ch. 289, § 7.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes. — Sections 62-6-4 to 62-6-26.1 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.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 Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
Structure New Mexico Statutes
Chapter 62 - Electric, Gas and Water Utilities
Article 6 - Powers and Duties of Commission
Section 62-6-1 to 62-6-3 - Repealed.
Section 62-6-4 - Supervision and regulation of utilities.
Section 62-6-4.1 - Contract carriage.
Section 62-6-4.2 - Transition cost recovery.
Section 62-6-4.4 - Gas and electric utilities; combined service.
Section 62-6-4.5 - Billing; franchise fees; gross receipts taxes.
Section 62-6-5 - Local option.
Section 62-6-6 - Issuance, assumption or guarantee of securities.
Section 62-6-7 - Application to commission; order of commission.
Section 62-6-8 - Exempted securities.
Section 62-6-8.1 - Additional jurisdiction.
Section 62-6-9 - Applications disposed of promptly.
Section 62-6-10 - No obligation on state.
Section 62-6-11 - Securities voidable unless approved.
Section 62-6-12 - Acquisitions, consolidations, etc.; consent of commission.
Section 62-6-13 - Application; approval of commission.
Section 62-6-14 - Valuation by the commission.
Section 62-6-15 - Contract rate with the municipality and utilities; how established.
Section 62-6-16 - Commission may prescribe uniform accounts.
Section 62-6-17 - Office, books and records; sanction; penalty.
Section 62-6-18 - Utilities required to report to commission.
Section 62-6-19 - Standard of service.
Section 62-6-20 - Meter accuracy.
Section 62-6-21 - Inspection of meters and other devices for measuring public utility service.
Section 62-6-22 - Meters and other measuring devices; testing; fees.
Section 62-6-23 - Authority to enter premises.
Section 62-6-24 - Safety rules and regulations.
Section 62-6-26 - Economic development rates for gas and electric utilities; authorization.
Section 62-6-26.1 - Rates for clean fuels used as vehicular fuels; authorization.
Section 62-6-28 - Clean energy investments; authorization; department of environment certification.