STATE v. NEW MEXICO PUB. REGULATION COM'N

No. S-1-SC-38041.

476 P.3d 896 (2020)

2020-NMSC-018

STATE of New Mexico EX REL. Representative Brian EGOLF, Senator Jacob Candelaria, Senator Mimi Stewart, Representative Nathan Small, Governor Michelle Lujan Grisham, and Navajo Nation President Jonathan Nez, Petitioners, v. NEW MEXICO PUBLIC REGULATION COMMISSION, Commissioner Valerie Espinoza, Commissioner Jefferson L. Byrd, Commissioner Cynthia B. Hall, Commissioner Theresa Becenti-Aguilar, and Commissioner Stephen Fischmann, Respondents, and Public Service Company of New Mexico, Intervenor-Real Party in Interest.

Supreme Court of New Mexico.

Rehearing Denied: September 4, 2020.


Attorney(s) appearing for the Case

Keleher & McLeod, P.A., Thomas C. Bird , Albuquerque, NM, for Petitioners Representative Brian Egolf, Senator Jacob Candelaria, Senator Mimi Stewart, Representative Nathan Small.

New Mexico Office of the Governor, Matthew L. Garcia , Chief General Counsel, Santa Fe, NM, for Petitioner Governor Michelle Lujan Grisham.

Navajo Nation Department of Justice, Paul W. Spruhan , Window Rock, AZ, for Petitioner Navajo Nation President Johnathan Nez.

Michael C. Smith , Acting General Counsel, Judith Ellen Amer , Associate General Counsel, Santa Fe, NM, for Respondents.

PNM Resources, Inc., Patrick V. Apodaca , General Counsel, Stacey J. Goodwin , Associate General Counsel, Albuquerque, NM, Miller Stratvert P.A., Richard L. Alvidrez , Albuquerque, NM, for Intervenor-Real Party in Interest Public Service Company of New Mexico.


OPINION

{1} In this original proceeding, members of both houses of the Legislature, along with the Governor and President of the Navajo Nation (collectively Petitioners), filed an emergency petition on behalf of the State of New Mexico seeking a writ of mandamus against the New Mexico Public Regulation Commission...

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