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ATTY. GEN. v. PUBLIC REGULATION COM'N

No. S-1-SC-34768.

359 P.3d 133 (2015)

2015-NMSC-032

NEW MEXICO ATTORNEY GENERAL, Appellant, v. NEW MEXICO PUBLIC REGULATION COMMISSION, Appellee, and Southwestern Public Service Company, Occidental Permian Ltd., and Coalition for Clean Affordable Energy, Intervenors-Appellees.

Supreme Court of New Mexico.

September 28, 2015.

Attorney(s) appearing for the Case

Hector H. Balderas , Attorney General, P. Cholla Khoury , Assistant Attorney General, Santa Fe, NM, for Appellant.

New Mexico Public Regulation Commission, Margaret Caffey-Moquin , Santa Fe, NM, for Appellee.

Hinkle Shanor, LLP, Jeffrey L. Fornaciari , Dana S. Hardy , Santa Fe, NM, Xcel Energy Services, Inc., Stephen Fogel , Austin, TX, for Intervenor Southwestern Public Service Company.

Gallagher & Kennedy, P.A., Anthony J. Trujillo , Germaine R. Chappelle , Santa Fe, NM, Thompson & Knight, LLP, Phillip G. Oldham , Austin, TX, for Intervenor Occidental Permian, Ltd.

Charles F. Noble , Santa Fe, NM, for Intervenor Coalition for Clean Affordable Energy.

Cuddy & McCarthy, LLP, Rebecca Dempsey , Santa Fe, NM, PNM Resources, Inc., Benjamin Phillips , Albuquerque, NM, for Amicus Curiae Public Service Company of New Mexico.

OPINION

{1} The Public Regulation Commission (PRC) granted Southwestern Public Service Company's (SPS) application to (1) include a prepaid pension asset in its rate base in order for SPS to earn a return on this asset, and (2) obtain a renewable energy cost rider to recover approximately $22 million...

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