STATE of New Mexico, ex rel., Jerry W. SANDEL, Roberto J. Gonzales, Ted Hobbs, Larry Larranaga, Shannon Robinson, John Arthur Smith, Stuart Ingle, William H. Payne, Chris Fretze, and Bruce E. Barnaby, Petitioners,
v.
NEW MEXICO PUBLIC UTILITY COMMISSION, Wayne Shirley, Commission Chairman, Beatriz Rivera, Commissioner, and Robert Schwartz, Commissioner, Respondents, and
New Mexico Industrial Energy Consumers, Residential Electric Incorporated, Public Service Company of New Mexico, and Attorney General of the State of New Mexico, Intervenors.
In the Matter of the Application of and the Complaint by Residential Electric, Incorporated, and
In the Matter of the Application of Residential Electric, Incorporated for a Certificate of Public Convenience and Necessity.
Public Service Company of New Mexico, Appellant,
v.
New Mexico Public Utility Commission, Appellee, and
Residential Electric, Incorporated, and New Mexico Industrial Energy Consumers, Intervenors.
In the Matter of the Application of Residential Electric, Incorporated, for a Certificate of Public Convenience and Necessity.
Attorney General of the State of New Mexico, Appellant,
v.
New Mexico Public Utility Commission, Appellee.
Supreme Court of New Mexico.https://leagle.com/images/logo.png
March 15, 1999.
Rehearing Denied April 27, 1999.
Attorney(s) appearing for the Case
Shannon Robinson, Albuquerque, NM, William H. Payne, Albuquerque, NM, Jones, Snead, Wertheim, Wentworth & Jaramillo, P.A., Jerry Wertheim, Arturo L. Jaramillo, Jerry Todd Wertheim, Carol Clifford, John V. Wertheim, Santa Fe, NM, for Petitioners.
Patrick T. Ortiz, Sara D. Smith, Albuquerque, NM, Keleher & McLeod, P.A., Richard B. Cole, Thomas C. Bird, Susan M. McCormack, Albuquerque, NM, for Appellants.
Hon. Patricia A. Madrid, Attorney General, Alletta Belin, Jeff Taylor, Assistant Attorneys General, Santa Fe, NM, for Intervenor/Appellant.
James C. Martin, General Counsel, Santa Fe, NM, for New Mexico Public Regulatory Commission, Respondents/Appellee.
Lewis O. Campbell, Diane P. Donaghy, Cynthia A. Fry, L. Bernice Galloway, Albuquerque, NM, for Residential Electric, Inc., Intervenor.
Steven S. Michel, Karl O. Wyler, Santa Fe, NM, for New Mexico Industrial Energy Consumers, Intervenor.
Rubin, Katz, Salazar, Alley & Rouse, P.C., Donald M. Salazar, Santa Fe, NM, for Texas-New Mexico Power Company, Intervenor.
Cohen & Cohen, P.A., David S. Cohen, Santa Fe, NM, Edward H. Comer, Andrew Kartz, Johannes Williams, Laurence Hindin, Washington, DC, for Edison Electric Institute, Amicus Curiae.
Supreme Court of New Mexico.
OPINION
MINZNER, Chief Justice.
{1} On December 21, 1998, several members of the New Mexico Legislature, along with representatives from a labor union and a public utility shareholders group, petitioned this Court for a writ of mandamus vacating two orders issued by the New Mexico Public Utility Commission (NMPUC). One of these orders (the REI Order) approved a request by Residential Electric, Inc. (REI) to charge retail consumers a market-based rate for...
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