New Mexico § 62-3-4.1 - Certain persons not public utility

§ 62-3-4.1. Certain persons not public utility

A. Notwithstanding anything in the Public Utility Act to the contrary, no person not

otherwise a public utility shall be deemed to be a public utility subject to the jurisdiction,

control or regulation of the commission and the provisions of the Public Utility Act

solely because such person owns or controls all or any part of any plant, property

or facility described in Paragraph (1) of Subsection G of Section 62-3-3 NMSA 1978: (1) which is leased or held for lease or sale to any public utility or other lessee;

or (2) the operation and use of which is vested by lease or other contract in a public

utility or other lessee; or (3) for a period of not more than ninety days after termination of any lease or contract

described in Paragraph (1) or (2) of this subsection or after such person gains possession

of such property following a breach of such lease or contract. B. The commission may upon application by a public utility issue its order approving

the terms of any lease or contract described in Paragraph (1) or (2) of Subsection

A of this section for the purpose of qualifying any party thereto for an exemption

by the United States securities and exchange commission from the federal Public Utility

Holding Company Act of 1935, 1 as amended (Chapter 2C of Title 15 of the United States Code). C. A public utility leasing all or any part of any plant, property or facility described

in Paragraph (1) of Subsection G of Section 62-3-3 NMSA 1978 which is subject to any lease or contract described in this section shall comply

with Section 62-9-1 NMSA 1978 with respect to such plant, property or facility. D. Nothing in this section shall alter or modify the authority of the commission to

regulate the rates and services of a person that is a public utility subject to the

provisions of the Public Utility Act. 1

15 U.S.C.A. § 79a et seq.