New Mexico § 62-6-8 - Exempted securities

§ 62-6-8. Exempted securities

A. A public utility may issue securities, other than stock or stock certificates,

payable at periods of not more than eighteen months after the date of issuance of

same, and secured or unsecured, without application to or order of the commission,

but no such securities so issued shall in whole or in part be refunded by any issue

of stocks, stock certificates or other securities having a maturity of more than eighteen

months, except on application to and approval of the commission. B. If a utility proposes to accomplish proposed financing by the issuance and delivery

of notes, bonds or other evidences of indebtedness and of mortgages, deeds of trust

or other security instruments therefor to the United States of America or any agency

or instrumentality thereof, acting solely as the lender or with the participation

of one or more other lenders, the application to the commission shall set forth the

facts involved, the proposed application of the proceeds therefrom and any approval

or expected approval thereof by the United States of America or its agency or instrumentality. No hearing by the commission shall be required for approval of the issuance and

delivery of the evidences of indebtedness and security instruments to such lender

or lenders and the commission shall approve the issuance and delivery thereof within

the time provided in Section 62-6-9 NMSA 1978; provided that for good cause shown, the commission may order that a hearing

shall be held with respect to the proposed financing. The order of approval of the commission may be conditioned on the approval of the

issuance of the evidences of indebtedness or security by the United States of America

or the agency or instrumentality thereof as may be appropriate.