2018 New Mexico Statutes
Chapter 62 - Electric, Gas and Water Utilities
Article 15 - Rural Electric Cooperatives
Section 62-15-1 - Short title.
Chapter 62, Article 15 NMSA 1978 may be cited as the "Rural Electric Cooperative Act".
History: Laws 1939, ch. 47, § 1; 1941 Comp., § 48-401; 1953 Comp., § 45-4-1; Laws 1998, ch. 108, § 49.
Cross references. — For jurisdiction of over rural electric cooperatives, see 62-3-2, 62-3-3 and 62-15-32 NMSA 1978 and notes thereto.
The 1998 amendment, effective January 1, 1999, substituted "Chapter 62, Article 15 NMSA 1978" for "This Act" near the beginning of the section.
Public service commission (now public regulation commission) was not required to delineate an electric cooperative's service area where part of its system was in an area previously certificated to another utility. Lea Cnty. Elec. Coop. v. N.M. Pub. Serv. Comm'n, 1965-NMSC-057, 75 N.M. 191, 402 P.2d 377, cert. denied, 385 U.S. 969, 87 S. Ct. 506, 17 L. Ed. 2d 433 (1966).
Premature action. — Action by cooperative seeking to enjoin municipality from acquiring electric distribution and transmission lines outside of corporate limits where the cooperative held a prior franchise was brought prematurely since it did not yet own plant or transmission lines and could not show basis for relief in equity. Sierra Elec. Coop. v. Town of Hot Springs, 1947-NMSC-022, 51 N.M. 150, 180 P.2d 244.
Cooperatives are subject to highway and street regulations. — Rural electrification cooperatives are subject to the same regulations by the highway commission and the county or municipality for the use of rights-of-way as any other public utility, and would be subject to the penal features of 67-8-13 and 67-8-14 NMSA 1978. 1951-52 Op. Att'y Gen. No. 52-5624.
Law reviews. — For note, "Corporate Law - Formulating and Applying a 'Proper Purpose' Analysis to a Books and Records Inspection Request - Schein v. Northern Rio Arriba Electric Cooperative, Inc.," see 28 N.M.L. Rev. 133 (1998).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 18 Am. Jur. 2d Cooperative Associations §§ 1, 4 to 9, 11 to 13, 49.
Duty of mutual association, nonprofit organization or cooperative to furnish utility services, 56 A.L.R.2d 413.
Validity and enforceability of bylaw amendment reducing benefits available to members, 61 A.L.R.3d 976.
Competency of juror as affected by his membership in cooperative association interested in the case, 69 A.L.R.3d 1296.
Liability of electric utility to nonpatron for interruption or failure of power, 54 A.L.R.4th 667.
3 C.J.S. Agriculture §§ 138 to 158; 43 C.J.S. Industrial Cooperative Societies §§ 1, 3.
