NEW ENERGY ECONOMY v. NEW MEXICO PRC

No. S-1-SC-35697.

416 P.3d 277 (2018)

2018-NMSC-024

NEW ENERGY ECONOMY, INC., Appellant, v. NEW MEXICO PUBLIC REGULATION COMMISSION, Appellee, and Public Service Company of New Mexico, New Mexico Industrial Energy Consumers, and Western Resource Advocates, Intervenors-Appellees. In the Matter of the Application of Public Service Company of New Mexico for Approval to Abandon San Juan Generating Station Units 2 and 3, Issuance of Certificates of Public Convenience and Necessity for Replacement Power Resources, Issuance of Accounting Orders and Determination of Related Rate-Making Principles and Treatment, NMPRC Case No. 13-00390-UT.

Supreme Court of New Mexico.

Filing Date: March 5, 2018.


Attorney(s) appearing for the Case

New Energy Economy, Mariel Nanasi , Santa Fe, NM, Freedman Boyd Hollander Goldberg Urias & Ward, P.A., John Warwick Boyd , Albuquerque, NM, for Appellant.

Michael C. Smith , Santa Fe, NM, for Appellee.

PNM Resources, Inc., Patrick V. Apodaca , Benjamin John Phillips , Stacey J. Goodwin , Albuquerque, NM, Cuddy & McCarthy, LLP, Patrick T. Ortiz , Santa Fe, NM, Keleher & McLeod, P.A., Thomas C. Bird , Albuquerque, NM, Miller Stratvert, P.A., Richard L. Alvidrez , Albuquerque, NM, for Intervenor Public Service Company of New Mexico.

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

Western Resource Advocates, Steven S. Michel , Santa Fe, NM, for Intervenor Western Resource Advocates.

Paul F. Hultin , Santa Fe, NM, Heard Robins Cloud LLP, Justin Ross Kaufman , Rosalind Bell Bienvenu , Santa Fe, NM, for Amicus Curiae 350 New Mexico.


OPINION

{1} New Energy Economy, Inc. (NEE) appeals from a final order issued by the New Mexico Public Regulation Commission (PRC). NEE contends that the PRC violated New Mexico law by approving a contested stipulation granting the Public Service Company of New Mexico (PNM) certificates of public convenience...

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