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ALBUQUERQUE v. N.M. PUBLIC SERVICE COM'N

No. 20254.

854 P.2d 348 (1993)

115 N.M. 521

The CITY OF ALBUQUERQUE, a Municipal corporation, Appellant, v. NEW MEXICO PUBLIC SERVICE COMMISSION, Public Service Company of New Mexico, and El Paso Electric Company, Appellees.

Supreme Court of New Mexico.

April 21, 1993.

Attorney(s) appearing for the Case

David S. Campbell, City Atty., Nann Houliston, Asst. City Atty., Albuquerque, for appellant.

James C. Martin, Santa Fe, for appellee Public Service Com'n.

Keleher & McLeod, Richard B. Cole, Thomas C. Bird, Albuquerque, for appellee Public Service Co.

Cohen & Throne, David S. Cohen, Bruce C. Throne, Jane C. Cohen, Santa Fe, for appellee El Paso Elec. Co.

OPINION

MONTGOMERY, Justice.

In 1989, the citizens of Albuquerque, New Mexico, voted to add an unusual provision to their municipal charter.1 The provision, Article XV of the Albuquerque City Charter, is entitled "Competitive Bidding for Electrical Franchises" and provides:

The City of Albuquerque shall have no power to grant or extend any franchises, licenses or other...

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