N.M. Code R. § 1.2.2.40 – Variance

A. An petitioner may request a variance from a requirement of any commission rule or order.
B. A petition for variance shall be supported by an affidavit signed by an officer of the applicant or person with authority to sign for the applicant.
C. Such petition may include a motion that the commission stay the affected portion of the rule or order for the transaction specified in the motion.
D. The commission may, at its discretion, require an informal conference or formal evidentiary public hearing prior to making its determination.
E. A petition for variance shall:
1. (1) identify the section of the rule or order from which the variance is requested;
2. (2) describe the situation that necessitates the variance;
3. (3) describe the effect of complying with the rule or order on the applicant if the variance is not granted;
4. (4) describe the result the variance will have if granted; and
5. (5) describe how the proposed alternative will achieve the purpose of the rule, and why it is in the public interest.
  HISTORY OF 1.2.2 NMAC:
  Pre NMAC History:
  NMPUC Rule 110, Rules of Practice and Procedure, filed 10/4/93 (by former Public Utility Commission);
  SCC 78-2, Order (no number), Docket No. 857, In the Matter of the Adoption of Rules of Practice and Procedure for all Cases Before the N.M. SCC, filed 10/24/78;
  SCC 85-11, Rules of Procedure of New Mexico State Corporation Commission, filed 10/15/85 (by former NM State Corporation Commission).
  History of Repealed Material:
  17 NMAC 1.2, Public Utilities and Utility Services, Utilities General Provisions, Utility Division Procedures (filed 12/14/1998) repealed 9/1/2008.
  18.1.2 NMAC, Transportation and Highways, Transportation General Provisions, Transportation Division Procedures (filed 12/10/2002) repealed 9/1/2008.
  Other History:
  NMPUC Rule 110, Rules of Practice and Procedure (filed 10/4/1993) and SCC 85-11, Rules of Procedure of New Mexico State Corporation Commission (filed 10/15/1985) were renumbered, reformatted, amended and replaced by 17 NMAC 1.2, Public Utilities and Utility Services, Utilities General Provisions, Utility Division Procedures, effective 12/31/1998.
  That applicable portion of 17 NMAC 1.2, Public Utilities and Utility Services, Utilities General Provisions, Utility Division Procedures (filed 12/14/1998) and 18.1.2 NMAC, Transportation and Highways, Transportation General Provisions, Transportation Division Procedures (filed 12/10/2002) were renumbered, reformatted, amended and replaced by 1.2.2 NMAC, General Government Administration, Administrative Procedures, Public Regulation Commission Rules of Procedure, effective 9/1/2008.
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  To: (this will auto-populate)
  Subject: (Case No: XX-XXXXX-XX; (description )
  Attachments: 20-00238-UT, Errata to Protective Order.pdf (attachments must be labeled in accordance with the guidelines set forth in Paragraph 6 of Subsection B of 1.2.2.10 NMAC)
  CASE NAME
  )
  )
  ) Case No. XX‐XXXXX‐XX
  )
  )
  ) Please file NAME OF PLEADING/DOCUMENT into the above captioned case. (Provide any additional comments or instructions here)
  NAME OF FILING PARTY/ATTORNEY EMAIL OF FILING PARTY/ATTORNEY
  exhibit one
  referenced in 1.2.2.10 NMAC

[1.2.2.40 NMAC - Rp, 17 NMAC 1.2.39-Subsection I, 9/1/2008]