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New Energy Economy Prevails. NM Supreme Court Denies PNM’s Writ Challenging PRC’s Authority

Lifts Stay on Coal Plant Abandonment Case. We’re Back at the PRC!

If you read our email yesterday you know that we were preparing for oral arguments to challenge PNM’s outrageous claim that the PRC violated their 1st amendment rights and overstepped their authority when the PRC opened a docket on the San Juan abandonment case in January.

In support of our defense of the regulatory authority of the PRC and the clear evidence of PNM’s “irrevocable” actions toward abandonment, we filed a motion with the Supreme Court yesterday to supplement the record and asked the Court to take judicial notice of recent statements by PNM that prove their decision to abandon San Juan was definitive as early as last summer.

By denying PNM’s “Emergency” Writ the New Mexico Court was unconvinced by PNM’s bogus arguments:

  1. That the PRC exceeded its authority to regulate PNM; and

  2. That PNM’s has a First Amendment Right to “not speak”; and

  3. That PNM had not already made the decision to abandon its interests at San Juan.

Today at noon, the Supreme Court handed down their decision: PNM’s attempt to block PRC regulation through their (Writ of Mandamus) was DENIED.

This means the case is BACK in the hands of a consumer friendly PRC.

It also means that there will be no oral argument before the NM Supreme Court on July 9.

PNM and Friends believe that if they keep repeating the line that “NEE’s analysis is incorrect,” then somehow it will come true and their corporate imprudence will become lawful. The law is a tool we can use to challenge PNM’s deceit and to safeguard consumers from wasteful PNM expenditures. We are heartened by today’s Supreme Court decision, and we hope you are as well.


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