A. The commission may require electric utilities and rural electric cooperatives to furnish the commission with available information material to the reliability of electrical power grids within the state.
B. To ensure efficient and reliable operation of New Mexico electrical power grids and upon complaint of an interested electric utility or rural electric cooperative, and after notice and hearing, the commission may, to the extent permitted by federal law and consistent with the standards prescribed by law for compulsory wheeling service ordered by the federal energy regulatory commission, require another electric utility to provide transmission services to the complainant, subject to arrangements for compensation therefor by agreement between the utilities or pursuant to a rate schedule filed with the federal energy regulatory commission.
History: 1978 Comp., § 62-6-25, enacted by Laws 1983, ch. 104, § 1.
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of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.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 Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
Severability. — Laws 1983, ch. 104, § 2 provided for the severability of the act if any part or application thereof is held invalid.
"Interested electric utility". — The definition of "person" in Section 62-3-3E NMSA 1978 controls the meaning of "interested electric utility" in Subsection B of this section and, thus, a municipality that had not elected to come within the terms of the Public Utility Act was not authorized to seek wheeling orders from the commission. Public Serv. Co. v. N.M. Pub. Util. Comm'n, 1999-NMSC-040, 128 N.M. 309, 992 P.2d 860.
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Section 62-6-1 to 62-6-3 - Repealed.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.