Discontinuance Of Service

A. A utility may discontinue service to a residential customer without prior notice in the event of: (1) a condition determined by the utility to be hazardous; (2) residential customer use of equipment in such manner as to adversely affect the utility's equipment or the utility's service to others; (3) residential customer's tampering with, damaging, or deliberately destroying the equipment furnished and owned by the utility; or (4) unauthorized use of service provided by the utility. B. A utility may discontinue service to a residential customer for: (1) nonpayment of a delinquent account pursuant to 17.5.410.33 NMAC; 11 17.5.410 NMAC (2) failure to post a security deposit or guarantee pursuant to 17.5.410.33 NMAC, as applicable; except that a utility may not discontinue service to an existing residential customer solely for failure to pay a deposit; or (3) failure to comply with the terms and conditions of a settlement agreement or installment agreement entered into pursuant to this rule. C. A utility may discontinue utility service to a residential customer after three (3) days' prior written notice in the event of the residential customer's: (1) refusal to grant access at reasonable times to equipment installed upon the premises of the residential customer for the purpose of inspection, meter reading, maintenance, or replacement; (2) failure to furnish such service, equipment, permits, certificates, or rights-of-way as shall have been specified by the utility as a condition to obtaining service or in the event such equipment or permissions are withdrawn or terminated; (3) violation of or noncompliance with the utility's rules on file with and approved by the commission; (4) provision of a fraudulent medical certification form or financial certification form. D. The three-day notice required by Subsection C of 17.5.410.31 NMAC shall be in English and Spanish and shall include the following: (1) a statement of the reason(s) why the utility has issued notice to discontinue utility service pursuant to Subsection C of 17.5.410.31 NMAC; (2) the title(s), address, telephone number(s), and working hours of utility personnel responsible for carrying out the rights prescribed in 17.5.410 NMAC; (3) a statement that the residential customer can obtain a review by utility personnel of the reasons for the proposed discontinuance of service, which shall stay the discontinuance during the review, and a statement that a complaint may be filed with the commission if the residential customer disagrees with the utility's determination of the facts upon which the proposed discontinuance is based; (4) a statement that members of New Mexico tribes or pueblos who need help with translation or with other matters may contact the commission’s consumer relations division at (888) 427-5772, who will contact the appropriate tribal or pueblo official for assistance.