New Mexico § 62-3-4 - Limitations and exceptions

§ 62-3-4. Limitations and exceptions

A. The term “ public utility ” or “ utility ”, when used in the Public Utility Act, shall not include: (1) any person not otherwise a public utility who furnishes the service or commodity

only to that person or that person's employees or tenants, when such service or commodity

is not resold to or used by others, or who engages in the retail distribution of natural

gas or electricity for vehicular fuel; or (2) a corporation engaged in the business of operating a railroad and that does not

primarily engage in the business of selling the service or commodity but that only

incidentally to its railroad business or occasionally furnishes the service or commodity

to another under a separate limited or revocable agreement or sells to a utility or

municipality for resale, or that sells the service or commodity to another railroad,

the state or federal government or a governmental agency, or that sells or gives for

a consideration under revocable agreements or permits quantities of water out of any

surplus of water supply acquired and held by it primarily for railroad purposes;

and such railroad corporation shall not be subject to any of the provisions of the

Public Utility Act. B. The business of any public utility other than of the character defined in Subsection G of Section 62-3-3 NMSA 1978 is not subject to provisions of the Public Utility Act.