CITIZENS FOR FAIR RATES v. PUB. REGULATION

No. S-1-SC-38247.

503 P.3d 1138 (2022)

2022-NMSC-010

CITIZENS FOR FAIR RATES AND THE ENVIRONMENT, and New Energy Economy, Inc., Appellants, v. NEW MEXICO PUBLIC REGULATION COMMISSION, Appellee, and Public Service Company of New Mexico, Western Resource Advocates, Coalition for Clean Affordable Energy, and Sierra Club, Intervenors-Appellees. In the Matter of Public Service Company of New Mexico's Abandonment of San Juan Generating Station Units 1 and 4, NMPRC Case No. 19-00018-UT.

Supreme Court of New Mexico.

Filing Date: January 10, 2022.


Attorney(s) appearing for the Case

Freedman Boyd Hollander Goldberg Urias & Ward, P.A., John Warwick Boyd, Esq. , Albuquerque, NM, for Appellant Citizens for Fair Rates & the Environment.

New Energy Economy, Inc., Mariel Nanasi, Esq. , Santa Fe, NM, for Appellant New Energy Economy, Inc.

Public Regulation Commission, Michael C. Smith , Acting General Counsel, Santa Fe, NM, for Appellee.

Western Resource Advocates, Steven S. Michel , Cydney Beadles , Santa Fe, NM, Keleher & McLeod, P.A., Thomas C. Bird , Albuquerque, NM, for Intervenor-Appellee Western Resources Advocates.

PNM Resources, Inc., Stacey J. Goodwin , Ryan T. Jerman , Albuquerque, NM, Miller Stratvert P.A., Richard L. Alvidrez , Samantha Kelly , Albuquerque, NM, for Intervenor-Appellee Public Service Company of New Mexico.

Jason A. Marks Law, LLC, Jason A. Marks , Albuquerque, NM, Sierra Club, Matthew Gerhart , Denver, CO, for Intervenor-Appellee Sierra Club.

Stephanie L. Dzur , Albuquerque, NM, for Intervenor-Appellee Coalition for Clean Affordable Energy.


OPINION

I. INTRODUCTION

{1} In State ex rel. Egolf v. New Mexico Public Regulation Commission, 2020-NMSC-018, ¶ 32, 476 P.3d 896, we reaffirmed that the authority of the New Mexico Public Regulation Commission "goes no further than what has been statutorily authorized," and we directed...

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