A utility may discontinue utility service to a residential customer without prior notice in the event of:
- a condition determined by the utility to be hazardous;
- residential customer use of equipment in such manner as to adversely affect the utility's equipment or the utility's service to others;
- residential customer's tampering with, damaging, or deliberately destroying the equipment furnished and owned by the utility;
- unauthorized use of service provided by the utility.
A utility may discontinue service to a residential customer for:
- nonpayment of a delinquent account pursuant to 17.5.410.31 NMAC;
- failure to post a security deposit or guarantee pursuant to 17.5.410.31 NMAC, as applicable;
- failure to comply with the terms and conditions of a settlement agreement pursuant to 17.5.410.42 NMAC.
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:
- 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;
- failure to furnish such service, equipment, permits, certificates, and/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been specified by the utility as a condition to obtaining service or in the event such equipment or permissions are withdrawn or terminated;
- violation of and/or noncompliance with the utility's rules on file with and approved by the Commission.
The three-day notice required by subsection C of 17.5.410.29 NMAC shall be in English or Spanish, as may be applicable, and shall include the following:
- a statement of the reason(s) why the utility has issued notice to discontinue utility service pursuant to subsection C of 17.5.410.29 NMAC;
- 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;
- 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.