NEW MEXICO ATTY. GEN. v. PUBLIC REGULATION

No. 33,393.

309 P.3d 89 (2013)

2013-NMSC-042

NEW MEXICO ATTORNEY GENERAL and New Mexico Industrial Energy Consumers, Appellants, v. NEW MEXICO PUBLIC REGULATION COMMISSION, Appellee, and Public Service Company of New Mexico, Coalition for Clean Affordable Energy, and Western Resource Advocates, Real Parties in Interest.

Supreme Court of New Mexico.

August 29, 2013.


Attorney(s) appearing for the Case

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

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

Margaret Kendall Caffey-Moquin , Santa Fe, NM, for Appellee.

Benjamin Phillips , Albuquerque, NM, Cuddy & McCarthy, L.L.P., Patrick T. Ortiz , Rebecca D. Dempsey , Santa Fe, NM, for Real Party in Interest Public Service Company of New Mexico.

Charles F. Noble , Sante Fe, NM, for Real Party in Interest Coalition for Clean Affordable Energy.

Steven S. Michel , Santa Fe, NM, for Real Party in Interest Western Resource Advocates.

Hinkle, Hensley, Shanor & Martin, L.L.P., Jeffrey L. Fornaciari , Dulcinea Z. Hanuschak , Santa Fe, NM, for Amicus Curiae Southwestern Public Service Company.


OPINION

DANIELS, Justice.

{1} This case addresses whether in determining public utility electricity rates the New Mexico Public Regulation Commission (PRC) has authority to consider expenses incurred by a public utility for energy efficiency programs. Appellants, the New Mexico Attorney General and New Mexico Industrial Energy Consumers, ask us to vacate and annul the final order in PRC Case No. 11-00308-UT (Case 308 Final Order) because it...

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