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ATTORNEY GENERAL v. PUBLIC REGULATION COM'N

Nos. 32,475, 32,480.

258 P.3d 453 (2011)

2011-NMSC-034

ATTORNEY GENERAL of the State of New Mexico, Appellant, v. NEW MEXICO PUBLIC REGULATION COMMISSION, Appellee, and Public Service Company of New Mexico, Western Resource Advocates, and Coalition for Clean Affordable Energy, Intervenors. New Mexico Industrial Energy Consumers, Appellant, v. New Mexico Public Regulation Commission, Appellee, and Public Service Company of New Mexico, Western Resource Advocates, and Coalition for Clean Affordable Energy, Intervenors.

Supreme Court of New Mexico.

July 27, 2011.

Attorney(s) appearing for the Case

Gary K. King , Attorney General, Jeffery S. Taylor , Assistant Attorney General, Santa Fe, NM, for Appellant Attorney General of the State of New Mexico.

Peter Jude Gould , Santa Fe, NM, for Appellant New Mexico Industrial Energy Consumers.

Robert Y. Hirasuna , General Counsel, Margaret Kendall Caffey-Moquin , Associate General Counsel, Santa Fe, NM, for Appellee New Mexico Public Regulation Commission.

Benjamin Phillips , Ruth Fuess Keegan , Albuquerque, NM, Cuddy & McCarthy, L.L.P., Rebecca D. Dempsey, Santa Fe, NM, for Intervenor Public Service Company of New Mexico.

OPINION

SERNA, Justice.

{1} These consolidated appeals are challenges to the Public Regulation Commission's (PRC) effort to comply with the Efficient Use of Energy Act. NMSA 1978, Sections 62-17-1 to -11 (2005) (amended 2008) (EUEA). The EUEA was amended by the Legislature, requiring the PRC to identify and remove regulatory disincentives to a public utility's implementation of energy efficiency programs. To comply with this legislative mandate...

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