Every public utility shall furnish adequate, efficient and reasonable service.
History: Laws 1941, ch. 84, § 38; 1941 Comp., § 72-602; 1953 Comp., § 68-6-2.
ANNOTATIONSCompiler's notes. — Sections 62-8-1 to 62-8-9 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of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.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 Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
Cross references. — For jurisdiction of commission over service by public utility, see 62-6-4 and 62-6-19 to 62-6-22 NMSA 1978.
For denial of service by utility being petty misdemeanor, see 30-13-2 NMSA 1978.
Term "reasonable" imports a standard of reasonable care requiring the presence of fault as a prerequisite to liability. Rossin v. S. Union Gas Co., 472 F.2d 707 (10th Cir. 1973).
Standard of care for power company. — A power company engaged in distributing electric current over its wires to consumers is not an insurer of the safety of the consumer or anyone else, although the company must exercise a high degree of care to protect those likely to come in contact with its wires. The care required is that commensurate with the dangerous character of the business and consistent with its practical operation and extends not only to the erection, maintenance and operation of the company's plant and apparatus, but also to an inspection thereof and to the discovery of defects. Southwestern Pub. Serv. Co. v. Artesia Alfalfa Growers' Ass'n, 1960-NMSC-052, 67 N.M. 108, 353 P.2d 62.
Duty to furnish service is imposed by law. — The duty of a public utility to furnish adequate, efficient and reasonable service is imposed by law, separate and apart from any contractual obligation to its consumers and entirely apart from any pertinent matters filed with the commission. Southwestern Pub. Serv. Co. v. Artesia Alfalfa Growers' Ass'n, 1960-NMSC-052, 67 N.M. 108, 353 P.2d 62.
A public utility's obligation to provide adequate, efficient and reasonable service is statutory and not contractual and there is no obligation that provides for a utility to continue electrical service to a customer for an indefinite term at a set rate. Gonzales v. Public Serv. Comm'n, 1985-NMSC-038, 102 N.M. 529, 697 P.2d 948.
Commission cannot relieve utility of liability for negligence. — The authority of the commission is sufficiently broad to empower it to establish rules and regulations for the government of the utility in the prosecution of its business, but such public service commission (now public regulation commission) cannot relieve a utility from liability under the law of negligence by any rule it may adopt. Southwestern Pub. Serv. Co. v. Artesia Alfalfa Growers' Ass'n, 1960-NMSC-052, 67 N.M. 108, 353 P.2d 62.
Utility cannot contract against its negligence. — A public service corporation, or a public utility such as an electric company, cannot contract against its negligence in the regular course of its business or in performing one of its duties of public service or where a public duty is owed or where public interest is involved. Southwestern Pub. Serv. Co. v. Artesia Alfalfa Growers' Ass'n, 1960-NMSC-052, 67 N.M. 108, 353 P.2d 62.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 64 Am. Jur. 2d Public Utilities §§ 6, 16.
Right of public utility company to discontinue its entire service, 11 A.L.R. 252.
Liability of one maintaining high tension electric wires over private property of another for injuries thereby inflicted, 14 A.L.R. 1023, 56 A.L.R. 1021.
Right to string electrical wires across railroad right-of-way, 18 A.L.R. 619.
Validity of service charge for gas meter, 20 A.L.R. 225, 122 A.L.R. 194.
Implied obligation with respect to character or extent of service by gas company, 21 A.L.R. 671.
Electric light plant as nuisance, 23 A.L.R. 1410, 90 A.L.R. 1207.
Gas company's liability for injury or damage by escaping gas, 25 A.L.R. 262, 29 A.L.R. 1250, 47 A.L.R. 488, 90 A.L.R. 1082, 138 A.L.R. 870.
Injunction against anticipated or threatened nuisance from storage of gas, 26 A.L.R. 948, 32 A.L.R. 724, 55 A.L.R. 880.
Statutory requirement of adequate service and facilities by public utility as affecting liability for loss of private property through inadequate supply of water to extinguish fire, 27 A.L.R. 1279.
Right of company to prescribe fixtures to be used in connection with service, 37 A.L.R. 1368.
Duty of company to instruct patron as to economical manner of using service or give him equivalent concession, 38 A.L.R. 1065.
Duty of public utility to notify patron in advance of temporary suspension of service, 52 A.L.R. 1078.
Duty of public utility to duplicate service, 52 A.L.R. 1111.
Right of public utility corporation to refuse its service because of collateral matter not related to that service, 55 A.L.R. 771.
Cost involved as affecting duty to extend electrical service or supply individual applicant, 58 A.L.R. 537.
Mandamus to compel service by electric company, 83 A.L.R. 950.
Duty and liability in respect of sagging electrical wires maintained over highway, 84 A.L.R. 690.
Liability of utility company for delay in commencing service, 97 A.L.R. 838.
Construction of contract regarding time of payment for public utility service, 97 A.L.R. 982.
Damages for breach of duty to furnish electricity, 108 A.L.R. 1192.
Municipal corporation's power to sell meters to consumers as adjunct of services furnished, 108 A.L.R. 1459.
Right of utility on expiration of street franchise by limitation to discontinue service, 112 A.L.R. 631.
Constitutionality of statute or ordinance requiring public utility to supply fixtures or accessories or incidental service to customers free of charge or for fixed charge, 115 A.L.R. 1162.
Validity of contract for exemption of public service company from liability for own negligence, 175 A.L.R. 38.
Right of public utility to discontinue line or branch on ground that it is unprofitable, 10 A.L.R.2d 1121.
Deposit required by public utility, 43 A.L.R.2d 1262.
Liability of electric light or power company to patron for interruption, failure or inadequacy of power, 4 A.L.R.3d 594.
Payment of charge as condition of further service, 19 A.L.R.3d 1227.
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.
Racial or religious discrimination in furnishing of public utility services or facilities, 53 A.L.R.3d 1027.
Liability of one other than electric power or light company or its employee for interruption, failure, or inadequacy of electric power, 15 A.L.R.4th 1148.
Liability of electric utility to nonpatron for interruption or failure of power, 54 A.L.R.4th 667.
Liability of electric company to one other than employee for injury or death arising from commencement or resumption of service, 46 A.L.R.5th 423.
Liability of municipal corporation or electric utility for injury resulting from inoperative, malfunctioning, or otherwise defective street light, 111 A.L.R.5th 579.
Debtor's protection under 11 USCS § 366 against utility service cutoff, 83 A.L.R. Fed. 207.
73B C.J.S. Public Utilities § 73.