The commission shall have the right and is hereby empowered to adopt, promulgate and enforce such reasonable rules and regulations as may be required to protect users of gas or electricity from damage to their persons or property through the use of defective gas or electrical appliances or equipment, or improper installation thereof; and to require discontinuance by a consumer of the use of any defective appliance or equipment or the removal forthwith of any unsafe condition incident to the distribution of gas or electricity.
History: Laws 1941, ch. 84, § 36; 1941 Comp., § 72-524; 1953 Comp., § 68-5-24.
ANNOTATIONSCompiler's notes. — Sections 62-6-4 to 62-6-26.1 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective. See Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
Commission's general jurisdiction includes safety regulations and inspections. — The general and exclusive power and jurisdiction to regulate and supervise every public utility in respect to its rates and service regulations includes the power to make safety regulations and enforce them through inspections. 1972 Op. Att'y Gen. No. 72-35.
Commission may delegate its authority to inspect. — The commission is authorized by Section 62-6-4 NMSA 1978 and by the common law to delegate its authority to inspect and test liquefied petroleum gas utilities to the liquefied petroleum gas commission. Only the public service commission (now public regulation commission) can promulgate safety regulations, however, and it must make the final order regarding any violations of regulations. 1972 Op. Att'y Gen. No. 72-35.
Rules and regulations have force of law. — The rules and regulations of the commission duly adopted under Section 62-6-4 NMSA 1978 and this section have the force and effect of law which a utility must obey. 1969 Op. Att'y Gen. No. 69-81.
It is the commission's duty to protect not only the utility but also its patrons. 1969 Op. Att'y Gen. No. 69-81.
Utility must refuse service to customer with defective wiring. — A utility has a positive duty to refuse service to a customer whose wiring is known by the utility to be in a dangerous or defective condition. 1969 Op. Att'y Gen. No. 69-81.
Compliance with rules excuses discontinuance of service under hazardous conditions. — Compliance with rules of the commission permitting a public utility to immediately discontinue service in the event of a condition determined by the utility to be hazardous would be a defense to a criminal action upon a refusal to render electric service, but the burden would be upon the utility to produce some evidence that the condition was actually hazardous if the criminal action was brought against it, and to prove the existence of the rule itself. 1969 Op. Att'y Gen. No. 69-81.
Law reviews. — For note, "The Public Service Commission: A Legal Analysis of an Administrative System," see 3 N.M.L. Rev. 184 (1973).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Right of public service corporation to prescribe fixtures to be used in connection with its service, 37 A.L.R. 1367.
Duty of gas company as regards precautions to be taken upon or after discontinuing service to premises, 13 A.L.R.2d 1396.
Water distributor's liability for injury due to condition of service lines, meters and the like, which serve individual consumer, 20 A.L.R.3d 1363.
Liability in connection with fire or explosion incident to bulk storage, transportation, delivery, loading or unloading of petroleum products, 32 A.L.R.3d 1169.