PRC Orders KCEC to Respond to Whaley’s Complaint for Retroactive Billing

(Typos represent the scanned PDF transformed into a word doc.)

BEFORE THE NEW MEXICO PUBLIC REGULATION COMMISSION

IN THE MATTER OF THE FORMAL )
COMPLAINT OF BILL E. WHALEY AGAINST ) Case No.17-00017-UT KIT CARSON ELECTRIC COOPERATIVE, )
INC. )

NOTICE OF COMPLAINT AND . ORDER REQUIRING ANSWER

THIS MATTER comes before the New Mexico Public Regulation Commission (“Commission”) upon the formal complaint filed with the Commission by Bill E. Whaley (“Whaley” or “Complainant”) against Kit Carson Electric Cooperative, Inc. (“KCEC”).

Whereupon, being duly informed, · ·

THE COMMISSION FINDS AND CONCLUDES:

1. On February 1, 2017, Whaley filed a formal complaint (“the Complaint”), attached hereto and incorporated herein as Exhibit A, which includes, but is not limited to, the following: a) Complainant claims KCEC engaged in “retroactive billing” or billing for an increase in energy services delivered prior to December 14, 2016, the effective date of the Final Order Adopting Recommended Decision in Case No. 15- 00375-UT; b) Complainant alleges that KCEC engages in “double billing” for the last day of service at the end of one month and the first day of service at the beginning of the following month; c) Complainant requests that the Commission iauhch an inquiry into KCEC’s alleged “retroactive billing practices” to determine whether KCEC abides by the Commission’s definitions of the terms “service,” “usage,” days,” and ”billing periods”; and d) Complainant requests that the Commission clarify the definitions of the terms “service,” “usage,” “days,” “billing periods” and “bill date” and “due date” so that KCEC customers can know what to expect as these terms relate to the ”effective” date of the rate increase. See, Exhibit A.

2. Whaley’s ‘Complaint is in substantial compliance with – l.2.2.15(A)

NMAC.

3. Pursuant to l.2.2.15(C) NMAC, upon receipt and review of a formal complaint for substantial compliance with L2.2.15(A) NMAC, the Commission shall, within a reasonable period of time, c_ause a copy of the complaint to be served on the respondent accpmpanied by a notice from the Commission calling upon the respondent to answer the complaint in writing within twenty (20) days of service of the complaint. l.2.2.15(C)(l) NMAC.

4. Pursuant to l.2.2.l5(C)(l) NMAC, the Commission must put the respondent on notice that the Commission may impose administrative fines or other sanctions if the Commission finds merit in the Complaint.

IT IS THEREFORE ORDERED:

A. Within twenty (20) days of service of this Notice of Complaint and Order Requiring Answer, KCEC shall either satisfy the Complaint and file with the Commission a state_ment of the relief to be provided to Whaley or file with . the Commission an Answer to the factual allegations of the Complaint.

B. Pursuant to l.2.2.15(E) NMAC, the Answer must “state in short and plain terms [the] respondent’s qefenses to each claim asserted and shall admit or deny the averments upon which the complainant relies. If the respondent is without knowledge or
information sufficient to form a belief as to the truth of an averment, the answer shall so
state and this shall have the effect of a denial.” l.2.2.15(E) NMAC. In addition, the Notice of Complaint and  Order Requiring Answer Case No. 17-00017-UT respondent “may challenge jurisdiction and address whether probable cause exists in the answer.” 1.2.2.1S(E) NMAC.

C. KCEC shall serve copies of its Answer or notice of satisfaction of the Complaint on Whaley contemporaneously with the filing of such documents with the Commission.

D. KCEC is hereby put on notice that the  Commission may impose administrative fines and other sanctions if the Commission finds merit in the Complaint.

E. This Notice of Complaint and Order Requiring Answer is issued by the

Chair of the Commission or by a single Commissioner in accordance with 1.2.2.30(B) NMAC.

F. This Order is effective immediately.

G. .Copies of this Order shall be served on all persons listed on the attached Certificate of Service, via e-mail to those whose e-mail addresses are known, and otherwise via regular mail.

ISSUED at Santa Fe, New Mexico, thi;Hi’-day of February, 2017.

NEW MEXICOPUBLIC REGULATION COMMISSION

Notice of Complaint and Order Requiring Answer Case No. 17-00017-UT

This order was signed by Commissioner Linda Lovejoy.