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APPLICATION OF PNM ELEC. SERVICES

No. 24007.

961 P.2d 147 (1998)

125 N.M. 302

1998-NMSC-017

In the Matter of The APPLICATION OF PNM ELECTRIC SERVICES, A DIVISION OF PUBLIC SERVICE COMPANY OF NEW MEXICO, for Approval to Provide Certain Optional Services on an Experimental Basis, PNM ELECTRIC SERVICES, A DIVISION OF PUBLIC SERVICE COMPANY OF NEW MEXICO, Appellant, v. NEW MEXICO PUBLIC UTILITY COMMISSION, Appellee, and New Mexico Industrial Energy Consumers and Attorney General of the State of New Mexico, Intervenors. In the Matter of The APPLICATION OF PNM GAS SERVICES, A DIVISION OF PUBLIC SERVICE COMPANY OF NEW MEXICO, for Approval to Provide Certain Optional Utility Services on an Experimental Basis, PNM GAS SERVICES, A DIVISION OF PUBLIC SERVICE COMPANY OF NEW MEXICO, Appellant, v. NEW MEXICO PUBLIC UTILITY COMMISSION, Appellee, and New Mexico Industrial Energy Consumers, Intervenors.

Supreme Court of New Mexico.

Rehearing Denied July 1, 1998.

Attorney(s) appearing for the Case

Keleher & McLeod, P.A., Robert H. Clark, Clyde F. Worthen, Albuquerque, for Appellant.

Lee W. Huffman, Anastasia Stevens, Santa Fe, for Appellee.

Hon. Tom Udall, Attorney General, Charles F. Noble, Assistant Attorney General, Steven G. Michel, A.J. Grant LaCerte, Jr., Santa Fe, for Intervenors.

Rubin, Katz, Salazar, Alley & Rouse, Donald M. Salazar, Serina M. Garst, Santa Fe, for Amicus Curiae Texas New Mexico Power Company.

Cohen & Cohen, P.A., David S. Cohen, Santa Fe, for Amicus Curiae El Paso Electric Company.

OPINION

BACA, Justice.

{1} In these consolidated appeals, Appellant Public Service Company of New Mexico (PNM), pursuant to Rule 12-102(A) NMRA 1997, appeals decisions of the Appellee New Mexico Public Utility Commission (Commission) in Case Nos. 2655 and 2668. In its decisions, the Commission denied the applications of PNM to institute gas and electric "optional service programs." This Court now considers the propriety of the application denials...

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