New
Mexico Register / Volume XXXVII, Issue 5 / March 10, 2026
TITLE 17 PUBLIC
UTILITIES AND UTILITY SERVICES
CHAPTER 3 UTILITIES
FINANCIAL ACCOUNTING AND REPORTING - GENERAL PROVISIONS
PART 110 INSPECTION
AND SUPERVISION FEE
17.3.110.1 ISSUING
AGENCY: The New Mexico Public Regulation Commission.
[17.3.110.1 NMAC - N, 3/10/2026]
17.3.110.2 SCOPE: This rule
applies to all utilities subject to the commission’s control and jurisdiction
with respect to their rates or service regulations.
[17.3.110.2 NMAC - N, 3/10/2026]
17.3.110.3 STATUTORY
AUTHORITY: Section 62-8-8 NMSA 1978.
[17.3.110.3 NMAC - N, 3/10/2026]
17.3.110.4 DURATION: Permanent.
[17.3.110.4 NMAC - N, 3/10/2026]
17.3.110.5 EFFECTIVE
DATE: March 10, 2026, unless a later
date is cited at the end of a section.
[17.3.110.5 NMAC - N, 3/10/2026]
17.3.110.6 OBJECTIVE: The objective of
this rule is to implement a transparent process for adjusting the inspection
and supervision fee and notifying utilities of adjustments.
[17.3.110.6 NMAC - N, 3/10/2026]
17.3.110.7 DEFINITIONS: In addition to
the definitions provided in the Public Utility Act, the following definitions shall
apply.
A. Definitions beginning with “A”: [RESERVED]
B. Definitions beginning with “B”: [RESERVED]
C. Definitions beginning with “C”: [RESERVED]
D. Definitions beginning with “D”: [RESERVED]
E. Definitions beginning with “E”: [RESERVED]
F. Definitions beginning with “F”: [RESERVED]
G. Definitions beginning with “G”: [RESERVED]
H. Definitions beginning with “H”: [RESERVED]
I. Definitions beginning with “I”: “inspection and supervision fee” means the fee required by Section 62-8-8 NMSA 1978 of
the Public Utility Act to be paid annually by a utility and that is equal to a
percentage of the utility’s gross receipts from business transacted in New
Mexico during the preceding calendar year.
J. Definitions beginning with
“J”: [RESERVED]
K. Definitions beginning with “K”: [RESERVED]
L. Definitions beginning with “L”: [RESERVED]
M. Definitions beginning with “M”: [RESERVED]
N. Definitions beginning with “N”: [RESERVED]
O. Definitions beginning with “O”: [RESERVED]
P. Definitions beginning with “P”: [RESERVED]
Q. Definitions beginning with
“Q.”: [RESERVED]
R. Definitions beginning with “R”: [RESERVED]
S. Definitions beginning with
“S”: [RESERVED]
T. Definitions beginning with “T”: [RESERVED]
U. Definitions beginning with “U”: [RESERVED]
V. Definitions beginning with “V”: [RESERVED]
W. Definitions beginning with “W”: [RESERVED]
X. Definitions beginning with “X”: [RESERVED]
Y. Definitions beginning with “Y”: [RESERVED]
Z. Definitions beginning with “Z”: [RESERVED]
[17.3.110.7 NMAC - N, 3/10/2026]
17.3.110.8 INSPECTION
AND SUPERVISION FEE REVIEW:
A. The commission may in its discretion, or upon request by utility division
staff or a utility, annually increase, decrease, or maintain the inspection and
supervision fee subject to the limitations provided in Subsection C of
17.3.110.8 NMAC and Subsection A of 17.3.110.9 NMAC.
B. Fee adjustment procedure:
(1) The commission may require utility
division staff to submit a review of the inspection and supervision fees
collected during the previous calendar year and to propose, no later than May
1, an adjusted inspection and supervision fee to be collected during the
current calendar year.
(2) In the event the commission adjusts the
inspection and supervision fee to be collected during the current calendar year,
then the utility division staff shall prepare a form for utilities to use to
calculate the fee due.
(a) Utility division staff shall post
the form on the commission’s website and shall email the form to each utility
no later than June 30.
(b) A utility is responsible for
paying the inspection and supervision fee due regardless of whether the utility
receives the form from staff.
(3) If the inspection and supervision fee
is adjusted, the newly adjusted fee supersedes the baseline fee as provided in
Section 62-8-8 NMSA 1978 and any previously adjusted fee.
C. A utility shall pay the inspection and supervision
fee due during the current calendar year no earlier than July 1 and no later
than July 31.
D. Cap:
Percentage increases to the
inspection and supervision fee shall not be greater than the prior year’s
increase in the employment cost index for state and local government as
published by the federal bureau of labor statistics.
[17.3.110.8 NMAC - N, 3/10/2026]
17.3.110.9 SUNSET:
A. The
commission’s authority to adjust the inspection and supervision fee shall cease
on July 1, 2031, pursuant to Subsection B of Section 62-8-8 NMSA 1978.
B. The cessation of the
commission’s adjustment authority shall not discharge a utility’s duty to pay
the inspection and supervision fee at the percentage it is set for calendar
year 2031 and thereafter.
C. The inspection and supervision
fee as set by the commission for calendar year 2031 shall carry over to
subsequent years.
[17.3.110.9 NMAC - N, 3/10/2026]
HISTORY OF
17.3.110 NMAC - [RESERVED]