New Mexico § 62-9-6 - Certificates; application; issuance

§ 62-9-6. Certificates; application; issuance

Before any certificate may be issued under Sections 62-9-1 through 62-9-6 New Mexico Statutes Annotated, 1978 Compilation, a certified copy of its articles of incorporation or charter, if the

applicant be a corporation, shall be on file in the office of the commission. Every applicant for a certificate shall give such reasonable notice of its application

as the commission may require and shall file in the office of the commission such

evidence as shall be required by the commission to show that such applicant has received

the consent and franchise from the municipality wherein construction and operation

is proposed. The commission shall have power, after hearing, to issue said certificate, as prayed

for, or to refuse to issue the same, or to issue it for the construction or operation

of a portion only of the contemplated facility, line, plant or system, or extension

thereof, or for the partial exercise only of said rights or privilege, and may attach

to the exercise of the rights granted by said certificates such terms and conditions

in harmony with the Public Utility Act, as amended, as in its judgment the public

convenience and necessity may require. Except as otherwise provided in Section 62-9-2 New Mexico Statutes Annotated, 1978 Compilation, in determining whether any certificate shall issue as prayed for, the

commission shall give due regard to public convenience and necessity including, but

not limited to, any reasonable service agreement between the applicant and another

utility and unnecessary duplication and economic waste. Whenever a public utility is engaged or is about to engage in construction or operation

without having secured a certificate of public convenience and necessity as required

by the provisions of the Public Utility Act, as amended, any interested person may

file a complaint with the commission. The commission may, with or without notice, make its order requiring the public

utility complained of to cease and desist from such construction or operation until

the commission makes and files its decision on said complaint or until the further

order of the commission. The commission may after hearing, after reasonable notice, make such order and prescribe

such terms and conditions in harmony with the Public Utility Act, as amended, as are

just and reasonable.