NMAG v. NMPRC

Appellants, the New Mexico Attorney General and New Mexico Industrial Energy Consumers, asked the Supreme Court to vacate and annul the final order in PRC Case No. 11-00308-UT (Case 308 Final Order) because it permitted Public Service Company of New Mexico (PNM) to earn returns on the operating expenses incurred from energy efficiency programs. Appellants argue that such returns are inconsistent with New Mexico law. Upon review, the Supreme Court held that Case 308 Final Order was consistent with the PRC’s ratemaking authority under the New Mexico Public Utility Act, the New Mexico Efficient Use of Energy Act, and with the Court's holding in "Attorney General v. New Mexico Public Regulation Commission" (258 P.3d 453). Furthermore, the Court held that Case 308 Final Order was supported by substantial evidence and was neither arbitrary nor capricious. Accordingly, the Court affirmed the Case 308 Final Order. View "NMAG v. NMPRC" on Justia Law