Porcine Tales and PRC Orders Affecting Taos

By: Bill Whaley
23 June, 2017

 

Today’s Albuquerque Journal North in a story by Andy Stiny focuses on the Batra, Bellis, Barrone and Lukes’ “skyline heartbreaker.” Here are a few worthy quotes:

“Opponent (David) Maes…said of the planned hotel’s Pueblo Style design, “It’s like putting lipstick on a pig. It’s still a pig.” David Maes (is)president of the 25-member Ranchos Neighborhood Association, which voted unanimously in September to opposed the project and its 48-foot height. The church is 27 feet tall and the historic Martinez Hall, across the road, is 30 feet, said Maes. (Perhaps Maes can join the Mayor in the annual “pig sticker” Xmas event.)

“One of the commissioners found 16 tires, valued at $10,000, slashed on vehicles at his propane business. Was the incident, in which two shadowy figures were seen on surveillance video entering at night, connected to Commissioner Billy Romero’s vote?

“In my opinion, it was,” said Romero, owner of Rio Grande Propane. “If it was connected to that, it sends a very negative message to people who volunteer for these kinds of positions and to elected officials.”

(If my Tia had Cojones she’d be my Tio,” said Flavio.)

(Trump is not Alone)

PRC Hammers KCEC (Again)!

Yesterday, once again, the PRC sent out a (4th) “bench request order” requesting staff and KCEC to resolve the issue of “retroactive billing,” due to Bill Whaley’s complaint filed the first of February, which refers to KCEC’s 2016 Sept. and Dec. overbilling.

For interested members, the bench request order lists all the prior actions taken and makes for good reading. KCEC continues to drag its feet. Due to the complaint and the evidence of staff, and the pursuit of KCEC by the PRC, the Trustees and Management have suffered a loss of credibility and find themselves shunned by owner-members except for The Taos News where advertising dollars keep bad news out of the excellent local.

BEFORE THE NEW MEXICO PUBLIC REGULATION COMMISSION

IN THE MATTER OF THE FORMAL )
COMPLAINT OF BILLE. WHALEY AGAINST ) Case No.17-00017-UT KIT CARSON ELECTRIC COOPERATIVE, )
INC. )
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ )
FOURTH BENCH REQUEST ORDER

THIS MATTER comes before the New Mexico Public Regulation Commission (“Commission”) upon the formal complaint (“Fonn al Complaint”) filed with the Commission by Bill E. Whaley (“Whaley” or “Complainant”) against Kit Carson Electric Cooperative, Inc. (“KCEC”).
Whereupon, being duly infonned,

THE COMMISSION FINDS AND CONCLUDES:

On February 1, 2017, Whaley filed a formal complaint (” the Complaint”).

On February 7, 2017, the Commission issued a Notice of Complaint and Order Requiring Answer to KCEC.

On February 23, 2017, KCEC filed its Answer to the Formal Complaint.

On March 10, 2017, the Commission filed its First Bench Request Order.

On May 22, 2017, the Commission filed its Second Bench Request Order which requested: i) that KCEC file a status report reporting on whether or not it has accomplished the refunds for the billing errors identified by Staffs Response to the First Bench Request Order pertaining to residential Rates 2, 17 and 18 who were affected by the implementation of the Final Order in Case No. 15-00375-UT and include the number of cus tomers who received refunds and whether there are still remaining customers in these classes to whom refunds need to be made; and ii) that KCEC file a status report regarding the non-residential customers who were affected by the implementation of rates pursuant to the September 7th Order Terminating Suspension (“September 7’h Order”) and include whether all the necessary refunds have been accomplished and whether there are still were remaining customers affected by the implementation of the September 7’h Order to whom refunds need to be made.

Staff was requested to file its response to KCEC’s status reports stating whether KCEC has accomplished all of the necessary refunds to all ratepayers in all classes affected by the September 7’h Order and whether KCEC has accomplished all of the necessary refunds to all ratepayers in all classes affected the Final Order in Case No.15-00375-UT and should include a statement as to whether there still remaining customers to whom refunds need to be made.

KCEC filed its Response to the Second Bench Request Order on May 26, 2017 and attached the Affidavits of Mr. Luis A. Reyes Jr. and Mr. Richard A. Martinez forKCEC.
On May 26, 2017, the Commission issued its Third Bench Request Order.

On June 2, 2017, Staff filed its Response to the Second and Third Bench Request Order.
KCEC filed its Reply to Staffs Response to Second and Third Bench Requests on June 9, 2017.

Both Staffs Response and KCEC’s Response and Reply stated that KCEC has not yet accomplished all of the necessary refunds to all ratepayers in all classes. affected by the September 7th Order.

According to Kit Carson’s Response to Second Bench Request Order, 2,287 Rate No. 3 (Small Commercial) customers have been identified as affected by the billing en-or and KCEC stated that these customers will receive their refund during the second and third billing cycles in June. KCEC also stated that it is working with its billing contractor, South Eastern Data Cooperative (“SEDC”), to identify refunds for its Rate No. 4 (Large Commercial) customers.

KCEC asserted that calculation of refunds to Rate No. 4 customers is complicated by the demand charge component of their bills.

According to Staffs Response, KCEC has not yet accomplished all of the necessary refunds to all residential ratepayers in all classes affected by the implementation of the Final Order in Case No. 15-00375-UT. According to KCEC’s Response to Second Bench Request Order, there are certain residential Rate No. 1 customers for whom KCEC could not get a meter read as of December 14, 2016 due to meter technology limitations .

KCEC’s Response and Reply stated that it will provide these customers a refund based upon the average refund made to Rate No. 1 customers in KCEC’s first billing cycle, per the recommendation on page 3 of the Staff Response to Bench Request, filed March 15, 2017.

These refunds will be made in KCEC’s first June billing cycle, commencing June 5, 2017.
KCEC’ s Response and Reply indicated that it had completed refunds to all affected Rate No. 2 residential seasonal customers in its second and third billing cycles, and will complete refunds to its remaining customers in its first billing cycle in June 2017.

KCEC’s Response and Reply stated that refunds for customers in KCEC’s first billing cycle were more complicated because that cycle includes both pre- and post-

December 14, 2016 usage, requiring the Kit Carson to determine the meter reading on December 14 and calculate the appropriate billing for both.

KCEC’s Response and Reply indicated that it will be providing refunds to its Rate No. 17 (Residential Time of Use) customers in its third billing cycle in June. All
353 affected customers are in Kit Carson’s third billing cycle. KCEC stated that determining the appropriate refund to this class of customers is complicated by the time of use nature of Rate No. 17, as it must determine the correct on-peak and off-peak usage of each customer before and after December 14 in order to determine the appropriate refund.

KCEC’s Response and Reply indicated that it will be providing refunds to its Rate No. 18 (Residential Seasonal Time of Use) customers in its third billing cycle in June. KCEC maintained that the issues regarding the determination of the refund for Rate No. 18 customers are similar to those for Kit Carson’ s Rate No. 17 customers.
KCEC stated its intent to prioritize processing refunds to its residential customers before its commercial customers due to the number of affected customers in those rate classes.

IT IS THEREFORE ORDERED:

No later than July 20, 2017, KCEC shall file a status report reporting on whether or not it has accomplished the refunds for the billing errors identified by Staffs Response to the First Bench Request Order pertaining to the residential rates Rates 2, 17 and 18 affected by the implementation of the Final Order in Case No. 15-00375-UT and include the number of customers who received refunds and whether there are still remaining customers in these classes to whom refunds need to be made.

No later than July 20, 2017, KCEC shall file a status report reporting on whether it has accomplished all of the necessary refunds to all non-residential ratepayers affected by the implementation of the September 7th Order in Case No. 15-00375-UT and include the number of customers who received refunds and whether there are still remaining customers in these classes to whom refunds need to be made.

No later than July 27, 2017, Staff shall file its Response to KCEC’s Status Reports filed on July 20, 2017 and include its conclusion as to whether KCEC has accomplished all of the necessary refunds to all non-residential ratepayers affected by the implementation of the September 7th Order in Case No. 15-00375-UT and its conclusion whether or not KCEC has accomplished the refunds for the billing errors identified by Staff’s Response to the First Bench Request Order pertaining to the residential rates Rates 2, 17 and 18 affected by the implementation of the Final Order in Case No. 15- 00375-UT. Staff shall include a statement as to whether there are still remaining customers in any of these affected classes to whom refunds still need to be made.

This Order is effective immediately.

Copies of this Order shall be served on all persons listed on the attached Certificate of Service, via e-mail to those whose e-mail addresses are known, and otherwise via regular mail.

ISSUED at Santa Fe, New Mexico, this 22nd day of June, 2017.

NEW MEXICO PUBLIC REGULATION COMMISSION

TELEPHONICALLY APPROVED

SANDY JONES, CHAIR

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