We will not be ignored. NEE files last minute Interlocutory Appeal to PRC after Hearing Examiners fail to respond to Emergency Motion

Yesterday we filed an Interlocutory Appeal directly to the PRC after the Hearing Examiners in the Bernhard Capital Partners case failed to respond to our Emergency Motion seeking to remedy their defective rulings during the hearing in November and the PRC has already issued an order asking other parties to respond. This interlocutory appeal matters because the Hearing Examiners’ evidentiary rulings undermine the very foundation of the Commission’s constitutional and statutory duty to determine whether the planned buyout of NMGC is in the public interest. They excluded evidence; and that potential information goes to the core of the required six-factor test—verification of qualifications of proposed new owner and adequacy of customer protections. By blocking discovery into BCP’s history of fines, violations, settlements, and regulatory non-compliance, the Hearing Examiner's rulings prevent the Commission from evaluating the company's competence, compliance culture, and risks to ratepayers. Without that information, the Commission cannot fulfill its obligation to verify that the new owner can safely, reliably, and lawfully operate a monopoly utility.

The rulings also violate due process. New Mexico law requires that parties be given a fair opportunity to “present any claim or defense,” yet NEE was barred from obtaining or presenting critical evidence necessary to test the credibility of Joint Applicants and to rebut their assertions of “operational expertise” and “proven track record.” The suppression of testimony from NEE’s Indigenous attorney expert Jesse George, and the refusal to allow cross-examination on political influence, prior settlements, and documented service failures, effectively silences meaningful opposition and denies the Commission the information it needs to prevent harm before it occurs. (Here is Representative Patricia Roybal Cabellero's op ed published in the Santa Fe New Mexican about the same matter, and a related article about Senator Harold Pope's call for transparency and Representative Matthew McQueen's call for robust discovery.)

If these rulings stand, they will create precedent that allows any future acquiring entity - especially private equity firms with complex corporate structures - like Blackstone - to shield their track record from scrutiny simply by labeling it “third-party.” That result would eviscerate the Commission’s investigative authority and render public-interest review hollow.

This appeal is therefore essential not only to this case, but to the integrity of Commission proceedings and the protection of New Mexico ratepayers statewide. As we prepare for the Blackstone PNM acquisition case pending before us, the PRC's actions now are therefore of critical importance to New Mexico.

Blackstone, the largest private equity investment firm on earth, does not want to buy PNM to serve the public interest. It does not even want to buy PNM just to collect interest on the capital expenditures the company will make to serve New Mexico customers and businesses. It wants to buy PNM because it can develop new generation cheaply here in New Mexico and then build giant transmission lines to sell that energy in Arizona and California, energy markets that dwarf New Mexico. It wants to buy PNM because it sees big profits in developing hyperscale data centers, like Project Jupiter, that need to generate 1 Gigawatt of electricity to operate. Project Jupiter has applied for air permits to emit more than 14 million tons of climate warming emissions per year - more than the coal powered Four Corners Power Plant! And that's just one project.

Where will those polluting giants be located? New Mexico.

And who will fund all that transmission infrastructure? New Mexicans.

The good news is that we know that when the people stand up against the "economic development" zealots pushing these private equity acquisitions and energy sucking AI data centers, we can win. A report by Datacenterwatch.org found that over the last two years $18 billion worth of data center projects were blocked, and another $46 billion of projects were delayed in the face of opposition from residents and activist groups. A 2025 update to that report found that in just three months, 20 projects were blocked or delayed amid local opposition, affecting $98 billion in potential investment—more than all disruptions tracked since 2023. Opposition is growing from the public, from politicians, and from regulators who are demanding that these so-called "economic development" projects must prove themselves to be sustainable and benefit the people, not just profiteers.

If there is anything we are known for at New Energy Economy, it is our tenacity and perseverance. Especially now, when justice is threatened by the very Government entities meant to uphold the law, we will not be ignored or intimidated in the pursuit of climate and economic justice. We fight on.

Next week you have the opportunity to sound off for justice - demand the background of the private equity firm seeking to acquire NMGC. Is it worth it? Are the benefits offered by BCP worth the harms of their NMGC ownership? Do they have the experience? NO! The PRC must hear from the people.

YOU actually, truly help make the difference. We need you. YOU are the KEY!