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NEW MEXICO INDUS. ENERGY CONSUMERS v. PRC

No. 29,633.

168 P.3d 105 (2007)

2007-NMSC-053

NEW MEXICO INDUSTRIAL ENERGY CONSUMERS, Appellant, v. NEW MEXICO PUBLIC REGULATION COMMISSION, Appellee, and El Paso Electric Company, Real Party in Interest.

Supreme Court of New Mexico.

August 28, 2007.

Attorney(s) appearing for the Case

Steven S. Michel, Peter Jude Gould, Santa Fe, NM, for Appellant.

Carol Smith Rising, Santa Fe, NM, for Appellee.

Law Office of Randall W. Childress, P.C., Randall W. Childress, Stacey J. Goodwin, Santa Fe, NM, for Real Party in Interest.

OPINION

SERNA, Justice.

{1} Pursuant to the Renewable Energy Act ("REA"), NMSA 1978, §§ 62-16-1 to-10 (2004, prior to 2007 amendment), El Paso Electric Company ("EPE") purchased Renewable Energy Certificates ("RECs") representing renewable energy generated by Public Service Company of New Mexico ("PNM"); however, EPE did not purchase the actual renewable energy represented by the RECs. Pursuant to the REA, Section 62-16-6(A), EPE sought...

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