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SOUTHERN UNION GAS v. PUBLIC UTIL. COMM.

No. 23501.

947 P.2d 133 (1997)

124 N.M. 176

1997-NMSC-056

In the Matter for the Application of Gas Company of New Mexico for an Order authorizing recovery of settlement amounts and legal consulting fees as take-or-pay costs incurred by its predecessor, Southern Union Gas Company, through Rate Rider No. 11. SOUTHERN UNION GAS COMPANY, Appellant, v. NEW MEXICO PUBLIC UTILITY COMMISSION, Appellee, and Tom Udall, Attorney General, State of New Mexico, New Mexico Industrial Energy Consumers, and Incorporated County of Los Alamos, Intervenors.

Supreme Court of New Mexico.

September 24, 1997.

Attorney(s) appearing for the Case

Hinkle, Cox, Eaton, Coffield & Hensley, L.L.P,. James Bruce, Gary W. Larson, Santa Fe, for Appellant.

Anastasia S. Stevens, Commission Counsel, Santa Fe, for Appellee.

Tom Udall, Attorney General, Charles F. Noble, Assistant Attorney General; Steven S. Michel; Virtue, Najjar & Bartell, P.C., Daniel A. Najjar, Laura A. Ward, Santa Fe, for Intervenors.

OPINION

BACA, Justice.

I.

1. Southern Union Gas Company ("Southern Union") appeals a New Mexico Public Utility Commission ("Commission") Order dismissing with prejudice Public Service Company of New Mexico's ("PNM") application for a gas rate increase. Southern Union raises several issues on appeal, including the allegation that the Commission erred in concluding that it lacked jurisdiction to consider the requested rate increase. We review...

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