reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 18 - Energy Transition › Section 62-18-8 - Aggrieved parties; request for rehearing; judicial review.

A. A financing order shall be issued as a separate order from any other order issued by the commission on a requested approval in the application proceeding and is a final order of the commission. A party aggrieved by the issuance of a financing order may apply to the commission for a rehearing in accordance with Section 62-10-16 NMSA 1978; provided that such application shall be due no later than ten calendar days after issuance of the financing order. An application for rehearing shall be deemed denied if not acted upon by the commission within ten calendar days after the filing of the application.
B. An aggrieved party may file a notice of appeal with the supreme court in accordance with Section 62-11-1 NMSA 1978; provided that such notice shall be due no later than ten calendar days after denial of an application for rehearing or, if rehearing is not applied for, no later than ten calendar days after issuance of the financing order. The supreme court shall proceed to hear and determine the appeal as expeditiously as practicable.
History:
Laws 2019, ch. 65, § 8.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 65 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 18 - Energy Transition › Section 62-18-9 - Conditions that keep financing orders in effect and energy transition charges imposed.

A. A financing order shall remain in effect until the energy transition bonds issued pursuant to the financing order and any related financing costs have been paid in full.
B. A financing order shall remain in effect and unabated notwithstanding the bankruptcy, reorganization or insolvency of the qualifying utility or any non-utility affiliate or the commencement of any proceeding for bankruptcy or appointment of a receiver.
C. If energy transition bonds issued pursuant to a financing order are outstanding and the related energy transition costs have not been paid in full, the energy transition charges authorized by the financing order shall be collected by the qualifying utility or its successors or assignees, or a collection agent, in full through a non-bypassable charge that is a separate line item on customer bills and not a part of the qualifying utility's base rates. The charge shall be paid by all customers:
(1) receiving electric delivery service from the qualifying utility under commission-approved rate schedules or special contracts; and
(2) who acquire electricity from an alternative or subsequent electricity supplier in the utility service area, to the extent that such acquisition is permitted by New Mexico law.
History:
Laws 2019, ch. 65, § 9.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 65 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 18 - Energy Transition › Section 62-18-10 - Qualifying utility duties.

A. Except as provided in Section 16 [62-18-16 NMSA 1978] of the Energy Transition Act, a qualifying utility that is abandoning a qualifying generating facility shall use the proceeds of the issuance of energy transition bonds only for purposes related to providing utility service to customers and to pay financing costs.
B. Energy transition revenues shall be applied solely to the repayment of energy transition bonds and the ongoing financing costs.
C. The failure of a qualifying utility to comply with any provision of the Energy Transition Act shall not invalidate, impair or affect a financing order, energy transition property, energy transition charge or energy transition bonds and financing costs. Payments to bondholders or financing parties on the energy transition bonds shall be made on a quarterly or semiannual basis pursuant to the terms of the energy transition bonds.
D. For a qualifying utility that receives approval of a financing order and issues sources of energy transition bonds, the qualifying utility's generation and sources of energy procured pursuant to power purchase agreements with a term of twenty-four months or longer, and that are dedicated to serve the qualifying utility's retail customers, shall not emit, on average, more than four hundred pounds of carbon dioxide per megawatt-hour by January 1, 2023, and not more than two hundred pounds of carbon dioxide per megawatt-hour by January 1, 2032 and thereafter. Compliance shall be measured and verified every three years with the first period commencing on January 1, 2023. The commission shall adopt rules to implement the requirements of this subsection.
History:
Laws 2019, ch. 65, § 10.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 65 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 18 - Energy Transition › Section 62-18-11 - Commission treatment of energy transition bonds.

A. If the commission issues a financing order, the commission shall not treat:
(1) energy transition bonds issued pursuant to the financing order as debt of the qualifying utility;
(2) the energy transition charges paid under the financing order as revenue of the qualifying utility; or
(3) the energy transition costs to be financed by energy transition bonds as costs of the qualifying utility.
B. Reasonable actions taken by a qualifying utility to comply with the financing order shall be deemed to be just and reasonable for ratemaking purposes. Nothing in the Energy Transition Act shall:
(1) prevent or preclude the commission from investigating the compliance of a qualifying utility with the terms and conditions of a financing order and requiring compliance therewith;
(2) prevent or preclude the commission from imposing regulatory sanctions against a qualifying utility for failure to comply with the terms and conditions of a financing order or the requirements of the Energy Transition Act;
(3) affect the authority of the commission to apply the adjustment mechanism as provided in Section 6 [62-18-6 NMSA 1978] of the Energy Transition Act; or
(4) prevent or preclude the commission from including the qualifying utility's acquisition of replacement power resources in the qualifying utility's cost of service.
C. The commission shall not order or require a qualifying utility to issue energy transition bonds to finance any costs associated with abandonment of a qualifying generating facility. A utility's decision not to issue energy transition bonds shall not be a basis for the commission to refuse to allow a qualifying utility to recover energy transition costs in an otherwise permissible fashion, or as a basis to refuse or condition authorization to issue securities pursuant to Sections 62-6-6 and 62-6-7 NMSA 1978.
History:
Laws 2019, ch. 65, § 11.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 65 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 18 - Energy Transition › Section 62-18-14 - Sale of energy transition property; perfecting interests; absolute transfer and true sale requirements.

A. Any sale, assignment or transfer of energy transition property to an assignee that is a financing entity that is wholly owned, directly or indirectly, by the utility shall be an absolute transfer and true sale of, and not a pledge of or secured transaction relating to, the seller's right, title and interest in, to and under the energy transition property if the documents governing the transaction expressly state that the transaction is a sale or other absolute transfer. A transfer of an interest in energy transition property shall be created when:
(1) the financing order creating the energy transition property has become effective;
(2) the documents evidencing the transfer of energy transition property have been executed and delivered to the assignee; and
(3) value is received.
B. On the filing of a financing statement with the secretary of state pursuant to Subsection D of Section 13 [62-18-13 NMSA 1978] of the Energy Transition Act, a transfer of an interest in energy transition property shall be perfected against all third persons, except creditors holding a prior security interest, ownership interest or assignment in the energy transition property previously perfected in accordance with Section 13 of that act.
C. The characterization of the sale, assignment or transfer as an absolute transfer and true sale, and the corresponding characterization of the property interest of the purchaser, shall not be affected or impaired by:
(1) commingling of energy transition revenues with other funds;
(2) the retention by the seller of:
(a) a partial or residual interest, including an equity interest, in the energy transition property, whether direct or indirect, or whether subordinate or otherwise; or
(b) the right to recover costs associated with taxes or license fees imposed on the collection of energy transition revenues;
(3) any recourse that the purchaser may have against the seller;
(4) any indemnification rights, obligations or repurchase rights made or provided by the seller;
(5) the obligation of the seller to collect energy transition revenues on behalf of an assignee;
(6) the treatment of the sale, assignment or transfer of energy transition property for tax, financial reporting or other purposes;
(7) any subsequent order of the commission amending a financing order pursuant to Subsection B of Section 7 [62-18-7 NMSA 1978] of the Energy Transition Act;
(8) any use of an adjustment mechanism approved in the financing order; or
(9) anything else that might affect or impair the characterization of the property.
History:
Laws 2019, ch. 65, § 14.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 65 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 18 - Energy Transition › Section 62-18-15 - Fee assessments.

The energy transition charge stated as a separate line entry on a customer bill sent by a qualifying utility may be subject to an assessment of a franchise fee imposed by a municipality, county or other political subdivision of the state, pursuant to a utility franchise agreement. The imposition, collection and receipt of an energy transition charge is exempt from inspection and supervision fees assessed pursuant to the Public Utility Act [Chapter 62, Articles 1 to 6 and 8 to 13 NMSA 1978].
History:
Laws 2019, ch. 65, § 15.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 65 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 18 - Energy Transition › Section 62-18-17 - Energy transition bonds not public debt.

Energy transition bonds issued pursuant to the Energy Transition Act shall not constitute a debt or a pledge of the faith and credit or taxing power of this state or of any county, municipality or any other political subdivision of this state. Bondholders shall have no right to have taxes levied by the legislature or the taxing authority of any county, municipality or other political subdivision of this state for the payment of the principal of or interest on energy transition bonds. The issuance of energy transition bonds does not obligate the state or a political subdivision of the state to levy any tax or make any appropriation for payment of the principal of or interest on the bonds.
History:
Laws 2019, ch. 65, § 17.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 65 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 18 - Energy Transition › Section 62-18-18 - Energy transition bonds as legal investments.

Energy transition bonds shall be legal investments for all governmental units, permanent funds of the state, finance authorities, financial institutions, insurance companies, fiduciaries and other persons requiring statutory authority regarding legal investments.
History:
Laws 2019, ch. 65, § 18.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 65 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 18 - Energy Transition › Section 62-18-19 - State pledge not to impair.

A. The state pledges to and agrees with the bondholders, any assignee and any financing parties that the state shall not take or permit any action that impairs the value of energy transition property, except as allowed pursuant to Section 6 [62-18-6 NMSA 1978] of the Energy Transition Act, or reduces, alters or impairs energy transition charges that are imposed, collected and remitted for the benefit of the bondholders, any assignee and any financing parties, until the entire principal of, interest on and redemption premium on the energy transition bonds, all financing costs and all amounts to be paid to an assignee or financing party under an ancillary agreement are paid in full and performed in full.
B. Any person who issues energy transition bonds is permitted to include the pledge specified in Subsection A of this section in the energy transition bonds, ancillary agreements and documentation related to the issuance and marketing of the energy transition bonds.
History:
Laws 2019, ch. 65, § 19.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 65 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 18 - Energy Transition › Section 62-18-20 - Choice of law.

The laws of the state of New Mexico as set forth in the Energy Transition Act shall govern the validity, enforceability, attachment, perfection, priority and exercise of remedies with respect to the transfer of an interest or right of creation of a security interest in energy transition property, an energy transition charge or a financing order.
History:
Laws 2019, ch. 65, § 20.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 65 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 18 - Energy Transition › Section 62-18-21 - Conflicts.

In the event of any conflict between the Energy Transition Act and any other law regarding the attachment, assignment or perfection, or the effect of perfection, or priority of any security interest in or transfer of energy transition property, the Energy Transition Act shall govern to the extent of the conflict.
History:
Laws 2019, ch. 65, § 21.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 65 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 18 - Energy Transition › Section 62-18-22 - Validity on actions if act held invalid.

Effective on the date that energy transition bonds are first issued under the Energy Transition Act, if any provision of that act is invalidated, superseded, replaced, repealed or expires for any reason, that occurrence shall not affect the validity of any action allowed pursuant to that act that is taken by the commission, a qualifying utility, an assignee or any other person, a collection agent, a financing party, a bondholder or a party to an ancillary agreement and, to prevent the impairment of energy transition bonds issued or authorized in a financing order issued pursuant to the Energy Transition Act, any such action shall remain in full force and effect with respect to all energy transition bonds issued or authorized in a financing order pursuant to the Energy Transition Act before the date that such provision is held to be invalid or is invalidated, superseded, replaced, repealed or expires for any reason.
History:
Laws 2019, ch. 65, § 22.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 65 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 18 - Energy Transition › Section 62-18-23 - Applicability.

The provisions of the Energy Transition Act shall not apply to a qualifying utility that makes an initial application for a financing order more than twelve years after the effective date of that act. This section shall not preclude a qualifying utility for which the commission has issued a financing order from applying to the commission for a subsequent order amending the financing order, pursuant to Section 7 [62-18-7 NMSA 1978] of the Energy Transition Act.
History:
Laws 2019, ch. 65, § 23.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 65 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 19 - Public Regulation Commission › Section 62-19-1 - Short title.

Chapter 62, Article 19 NMSA 1978 may be cited as the "Public Regulation Commission Act".
History:
Laws 1998, ch. 108, § 1; 2007, ch. 161, § 1; § 8-8-1, recompiled and amended as § 62-19-1 by Laws 2020, ch. 9, § 15.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 15 recompiled and amended former 8-8-1 NMSA 1978 as 62-19-1 NMSA 1978, effective January 1, 2023, contingent upon the adoption of Laws 2019, SJC/SRC/SJR Nos. 1 and 4, Constitutional Amendment 1, at the general election held on November 3, 2020. Constitutional Amendment 1 was adopted by a vote of 445,655 for and 355,471 against.
The 2020 amendment,
effective January 1, 2023, deleted "Chapter 8, Article 8" and added "Chapter 62, Article 19".
The 2007 amendment,
effective June 15, 2007, changed the statutory reference to the act.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 19 - Public Regulation Commission › Section 62-19-2 - Definitions.

As used in the Public Regulation Commission Act:
A. "commission" means the public regulation commission;
B. "commissioner" means a person appointed to the public regulation commission; and
C. "person" means an individual, corporation, firm, partnership, association, joint venture or similar legal entity.
History:
Laws 1998, ch. 108, § 2; § 8-8-2, recompiled and amended as § 62-19-2 by Laws 2020, ch. 9, § 16.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 16 recompiled and amended former 8-8-2 NMSA 1978 as 62-19-2 NMSA 1978, effective January 1, 2023.
The 2020 amendment,
effective January 1, 2023,
removed "elected" from the definition of "commissioner" as used in the Public Regulation Commission Act; and in Subsection B, after "means a person", deleted "elected or".
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 19 - Public Regulation Commission › Section 62-19-3 - Public regulation commission.

A. The "public regulation commission", created in Article 11, Section 1 of the constitution of New Mexico, is composed of three commissioners appointed by the governor with the consent of the senate as provided in that article.
B. The commission shall annually elect one of its members chair, who shall preside at hearings. In the absence of the chair, the commission may appoint any other member to preside.
History:
Laws 1998, ch. 108, § 3; § 8-8-3, recompiled and amended as § 62-19-3 by Laws 2020, ch. 9, § 17.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 17 recompiled and amended former 8-8-3 NMSA 1978 as 62-19-3 NMSA 1978, effective January 1, 2023.
The 2020 amendment,
effective January 1, 2023, changed the composition of the public regulation commission from five elected commissioners to three commissioners appointed by the governor, and made certain technical amendments; and in Subsection A, after "composed of", deleted "five" and added "three", after "commissioners", deleted "elected from districts" and added "appointed by the governor with the consent of the senate", and after "article", deleted "and the Public Regulation Commission Apportionment Act".
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 19 - Public Regulation Commission › Section 62-19-5 - Qualifications of commissioners. (Effective July 1, 2024.)

A. Commissioners shall be persons who are independent of the industries regulated by the commission and shall possess demonstrated competence.
B. In order to be appointed as a commissioner, a person must be qualified for office by:
(1) having a baccalaureate degree from an institution of higher education that has been accredited by a regional or national accrediting body and at least ten years of professional experience in an area regulated by the commission or in the energy sector and involving a scope of work that includes accounting, public or business administration, economics, finance, statistics, policy, engineering or law; or
(2) having higher education resulting in at least a professional license or a post-graduate degree from an institution of higher education that has been accredited by a regional or national accrediting body in a field related to an area regulated by the commission, including accounting, public or business administration, economics, finance, statistics, policy, engineering or law, and at least ten years of professional experience within the person's field.
C. A commissioner shall not have a financial interest in a public utility in this state or elsewhere and shall not have been employed by a commission-regulated entity at any time during the two years prior to appointment to the commission.
D. Commissioners shall give their entire time to the business of the commission and shall not pursue any other business or vocation or hold any other office for profit.
E. As used in this section, "professional experience" means employment in which the prospective appointee for commissioner regularly made decisions requiring discretion and independent judgment and:
(1) engaged in policy analysis, research, consumer advocacy or implementation in an area regulated by the commission or in the energy sector;
(2) managed, as the head, deputy head or division director, a federal, state, tribal or local government department or division responsible for utilities, energy policy or construction; or
(3) managed a business or organization regulated by the commission or in the energy sector that had five or more employees during the time it was managed by the prospective appointee.
History:
Laws 2013, ch. 64, § 1; 2019, ch. 212, § 210; § 8-8-3.1, recompiled and amended as § 62-19-5 by Laws 2020, ch. 9, § 19; 2023, ch. 100, § 17.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2024, removed management of a department or division responsible for transportation from the required qualifications of a commissioner appointed to the public regulation commission; and in Subsection E, Paragraph E(2), after "energy policy", deleted "transportation".
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 19 - Public Regulation Commission › Section 62-19-6 - Continuing education requirements for commissioners.

A. Beginning July 1, 2013, a commissioner shall complete:
(1) an ethics certificate course provided in person or online by a New Mexico public post-secondary educational institution in the first twelve-month period after taking office and at least one two-hour ethics course in each subsequent twelve-month period that the commissioner serves in office; and
(2) at least thirty-two hours of continuing education relevant to the work of the commission in each twelve-month period that the commissioner serves in office. Continuing education courses shall be endorsed by the national association of regulatory utility commissioners or by the relevant licensing or professional association for a qualifying area of study for degree holders pursuant to this section.
B. A commissioner shall be responsible for having the endorsing organization submit certification of completion of the hours of education required pursuant to Subsection A of this section to the commission's chief of staff.
C. If a commissioner fails to comply with the education requirements in Subsection A of this section by the last day of a twelve-month period, the commissioner's compensation for performing the duties of the office shall be withheld by the commission until the requirements for the preceding twelve-month period or periods have been met.
History:
Laws 2013, ch. 64, § 2; § 8-8-3.2, recompiled and amended as § 62-19-6 by Laws 2020, ch. 9, § 20.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 20 recompiled and amended former 8-8-3.2 NMSA 1978 as 62-19-6 NMSA 1978, effective January 1, 2023.
The 2020 amendment,
effective January 1, 2023, in Subsection C, deleted "As an exception to Section 8-1-1 NMSA 1978".
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 19 - Public Regulation Commission › Section 62-19-7 - Recusal of commissioner or hearing examiner.

A. A commissioner or hearing examiner shall self recuse in any adjudicatory proceeding in which the commissioner or hearing examiner is unable to make a fair and impartial decision or in which there is reasonable doubt about whether the commissioner or hearing examiner can make a fair and impartial decision, including:
(1) when the commissioner or hearing examiner has a personal bias or prejudice concerning a party or its representative or has prejudged a disputed evidentiary fact involved in a proceeding prior to hearing. For the purposes of this paragraph, "personal bias or prejudice" means a predisposition toward a person based on a previous or ongoing relationship, including a professional, personal, familial or other intimate relationship, that renders the commissioner or hearing examiner unable to exercise the commissioner's or hearing examiner's functions impartially;
(2) when the commissioner or hearing examiner has a pecuniary interest in the outcome of the proceeding other than as a customer of a party;
(3) when in previous employment the commissioner or hearing examiner served as an attorney, adviser, consultant or witness in the matter in controversy; or
(4) when, as a nominee for appointment to the office of public regulation commissioner, the nominee announced how the nominee would rule on the adjudicatory proceeding or a factual issue in the adjudicatory proceeding.
B. If a commissioner or hearing examiner fails to self recuse when it appears that grounds exist, a party shall promptly notify the commissioner or hearing examiner of the apparent grounds for recusal. If the commissioner or hearing examiner declines to self recuse upon request of a party, the commissioner or hearing examiner shall provide a full explanation in support of the refusal.
History:
Laws 1998, ch. 108, § 18; § 8-8-18, recompiled and amended as § 62-19-7 by Laws 2020, ch. 9, § 22.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 22 recompiled and amended former 8-8-18 NMSA 1978 as 62-19-7 NMSA 1978, effective January 1, 2023
The 2020 amendment,
effective January 1, 2023, removed references to "candidate", and made certain technical amendments; and in Subsection A, Paragraph A(4), after "when, as a", deleted "candidate for" and added "nominee for appointment to the", after "office", added "of public regulation commissioner", and substituted each occurrence of "he" with "the nominee".
Recusal not warranted.
— Commissioners properly declined to recuse themselves since the timing of their remarks indicated that they were based on the evidence adduced in the rate case, as well the direct testimony filed by the public service company of New Mexico (PNM) in the present case.
Albuquerque Bernalillo Cnty. Water Util. Auth. v. N.M. Pub. Regulation Comm'n
, 2010-NMSC-013, 148 N.M. 21, 229 P.3d 494.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 19 - Public Regulation Commission › Section 62-19-10 - Propane service; commission duties.

A. The commission shall adopt rules to protect consumers' rights with respect to propane service.
B. The commission shall report by December 2009 to the appropriate interim legislative committee appointed by the New Mexico legislative council on the progress of the rulemaking pursuant to this section.
History:
Laws 2009, ch. 216, § 1; § 8-8-4.1, recompiled as § 62-19-10 by Laws 2020, ch. 9, § 59.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 59 recompiled former 8-8-4.1 NMSA 1978 as 62-19-10 NMSA 1978, effective January 1, 2023.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 19 - Public Regulation Commission › Section 62-19-11 - Chief of staff; division directors; other staff.

A. The commission shall appoint a "chief of staff" who is responsible for the day-to-day operations of the commission staff under the general direction of the commission. The chief of staff shall serve at the pleasure of the commission.
B. With the consent of the commission, the chief of staff shall appoint division directors. Appointments shall be made without reference to party affiliation and solely on the ground of fitness to perform the duties of their offices.
C. Each director, with the consent of the chief of staff, shall employ such professional, technical and support staff as necessary to carry out the duties of the director's division. Employees shall be hired solely on the ground of their fitness to perform the job for which they are hired. Division staff are subject to the provisions of the Personnel Act [Chapter 10, Article 9 NMSA 1978].
History:
Laws 1998, ch. 108, § 5; 2000, ch. 57, § 1; 2013, ch. 74, §1; § 8-8-5, recompiled as § 62-19-11 by Laws 2020, ch. 9, § 59.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 59 recompiled former 8-8-5 NMSA 1978 as 62-19-11 NMSA 1978, effective January 1, 2023.
The 2013 amendment,
effective March 29, 2013, in Subsection C, in the third sentence, deleted "Except as provided in Subsection D of this section"; and deleted former Subsection D, which permitted the superintendent of insurance to designate division positions with the consent of the chief of staff.
The 2000 amendment,
effective May 17, 2000, inserted "Except as provided in Subsection D of this section" in the last sentence of Subsection C and added Subsection D.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 19 - Public Regulation Commission › Section 62-19-12 - Commission; divisions.

The commission includes the following organizational units:
A. the administrative services division;
B. the consumer relations division;
C. the legal division;
D. the transportation division; and
E. the utility division.
History:
Laws 1998, ch. 108, § 6; 2007, ch. 161, § 2; 2013, ch. 74, § 2; 2020, ch. 9, § 21; § 8-8-6, recompiled as § 62-19-12 by Laws 2020, ch. 9, § 59.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 59 recompiled and amended former 8-8-6 NMSA 1978 as 62-19-12 NMSA 1978, effective January 1, 2023.
The 2020 amendment,
effective July 1, 2023, removed the fire marshal division from the public regulation commission; and deleted Subsection F.
The 2013 amendment,
effective March 29, 2013, eliminated the insurance division; and deleted former Subsection C, which created the insurance division.
The 2007 amendment,
effective June 15, 2007, added the fire marshal division to the organizational units.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 19 - Public Regulation Commission › Section 62-19-12 - Commission; organizational units. (Effective July 1, 2024.)

The commission includes the following organizational units:
A. the administrative services division;
B. the consumer relations division;
C. the legal division;
D. the utility division; and
E. the pipeline safety bureau.
History:
Laws 1998, ch. 108, § 6; 2007, ch. 161, § 2; 2013, ch. 74, § 2; 2020, ch. 9, § 21; § 8-8-6, recompiled as § 62-19-12 by Laws 2020, ch. 9, § 59; 2023, ch. 100, § 18.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2024, added the pipeline safety bureau to, and removed the transportation division from, the list of organizational units included in the public regulation commission; in the section heading, deleted "divisions" and added "organizational units"; deleted former Subsection D and redesignated Subsection E as Subsection D; and added a new Subsection E.
Temporary provisions.
— Laws 2023, ch. 100, § 80, effective July 1, 2024, provided that:
A. On July 1, 2024, all staff positions, functions, personnel, appropriations, money, records, equipment, supplies, other property and contractual obligations of the public regulation commission related to motor carrier regulation and enforcement, railroad safety enforcement and ambulance standards are transferred to the department of transportation.
B. Beginning July 1, 2024, all references in law, rules, orders and other official acts to the public regulation commission or the transportation division of the public regulation commission related to motor carrier regulation and enforcement, railroad safety enforcement and ambulance standards shall be deemed references to the department of transportation.
C. Beginning July 1, 2024, all contractual obligations of the public regulation commission related to motor carrier regulation and enforcement, railroad safety enforcement and ambulance standards are binding on the department of transportation.
D. The rules, orders and decisions of the public regulation commission related to motor carrier regulation and enforcement, railroad safety enforcement and ambulance standards shall remain in effect until repealed or amended.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 19 - Public Regulation Commission › Section 62-19-13 - Administrative services division; chief clerk.

A. The director of the administrative services division of the commission shall record the judgments, rules, orders and other proceedings of the commission and make a complete index to the judgments, rules, orders and other proceedings; issue and attest all processes issuing from the commission and affix the seal of the commission to them; and preserve the seal and other property belonging to the commission.
B. The administrative services division shall perform the following functions:
(1) case docketing;
(2) budget and accounting;
(3) personnel services;
(4) procurement; and
(5) information systems services.
History:
Laws 1998, ch. 108, § 7; 2001, ch. 245, § 1; 2013, ch. 75, § 10; § 8-8-7, recompiled as § 62-19-13 by Laws 2020, ch. 9, § 59.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 59 recompiled former 8-8-7 NMSA 1978 as 62-19-13 NMSA 1978, effective January 1, 2023.
The 2013 amendment,
effective July 1, 2013, eliminated the corporations bureau; in Subsection B, in the introductory sentence, after "division", deleted "includes the 'corporations bureau' and" and deleted Subsection C, which prescribed the duties of the corporations bureau.
The 2001 amendment,
effective July 1, 2001, substituted "The director of the administrative services division of the commission" for "The chief of staff shall appoint a 'chief clerk' who" in Subsection A; in Subsection B, deleted "The chief clerk shall direct" from the beginning of the subsection; substituted "includes" for "including"; and inserted "shall perform".
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 19 - Public Regulation Commission › Section 62-19-14 - Consumer relations division.

A. The consumer relations division shall:
(1) receive and investigate nondocketed consumer complaints and assist consumers in resolving, in a fair and timely manner, complaints against a person under the authority of the commission, including mediation and other methods of alternative dispute resolution; provided, however, that assistance pursuant to this paragraph does not include legal representation of a private complainant in an adjudicatory proceeding;
(2) work with the consumer protection division of the attorney general's office, the governor's constituent services office and other state agencies as needed to ensure fair and timely resolution of complaints;
(3) advise the commission on how to maximize public input into commission proceedings, including ways to eliminate language, disability and other barriers;
(4) identify, research and advise the commission on consumer issues;
(5) assist the commission in the development and implementation of consumer policies and programs; and
(6) perform such other duties as prescribed by the commission.
B. All complaints received by the division with regard to quality or quantity of service provided by a regulated entity or its competitors shall be recorded by the division for the purpose of determining general concerns of consumers. A report of consumer complaints and their status shall be included in the commission's annual report.
History:
Laws 1998, ch. 108, § 8; § 8-8-8, recompiled as § 62-19-14 by Laws 2020, ch. 9, § 59.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 59 recompiled former 8-8-8 NMSA 1978 as 62-19-14 NMSA 1978, effective January 1, 2023.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 19 - Public Regulation Commission › Section 62-19-15 - Legal division.

A. The commission shall set minimum requirements for the director of the legal division, including membership in the New Mexico bar and administrative and supervisory experience.
B. The legal division shall:
(1) provide legal counsel for the commission in matters not involving advice on contested proceedings before the commission; and
(2) provide legal counsel to all divisions, including the legal component of the staff that represents the public interest in matters before the commission.
History:
Laws 1998, ch. 108, § 10; § 8-8-10, recompiled as § 62-19-15 by Laws 2020, ch. 9, § 59.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 59 recompiled former 8-8-10 NMSA 1978 as 62-19-15 NMSA 1978, effective January 1, 2023.
Consolidation of legal division and office of general counsel under a single manager.
— The legal division of the public regulation commission and the office of general counsel may not be consolidated under a single attorney manager under any circumstances. 2012 Op. Att'y Gen. No. 12-06.
Single manager of the legal division and the office of general counsel.
— The appointment of a single attorney to manage the legal division of the public regulation commission and the office of general counsel as separate units where the single attorney manager would remain a member of the office of general counsel and engage in advisory activities with commissioners while performing administrative functions for the legal division, such as scheduling work assignments, performance review, and hiring and discipline, is not permissible. 2012 Op. Att'y Gen. No. 12-06.
Movement of attorneys between the legal division and of the office of general counsel.
— Although the Public Regulation Commission Act does not prohibit the routine movement of attorneys between the legal division and the office of general counsel, the movement of attorneys will implicate Rule 16-107 NMRA of the rules of professional conduct which will require each attorney to undertake a conflicts analysis before accepting any assignment to ensure that there is no significant risk that the attorney's representation of the commission or a division will not be materially limited by the attorney's responsibilities to other clients within the agency. 2012 Op. Att'y Gen. No. 12-06.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 19 - Public Regulation Commission › Section 62-19-16 - Transportation division.

The transportation division shall serve as staff to the commission for the following functions, as provided by law:
A. motor carrier regulation and enforcement;
B. railroad safety enforcement;
C. pipeline safety; and
D. ambulance standards.
History:
Laws 1998, ch. 108, § 11; § 8-8-11; recompiled as § 62-19-16 by Laws 2020, ch. 9, § 59.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 59 recompiled former 8-8-11 NMSA 1978 as 62-19-16 NMSA 1978, effective January 1, 2023.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 19 - Public Regulation Commission › Section 62-19-16 - Pipeline safety bureau. (Effective July 1, 2024.)

The pipeline safety bureau shall serve as staff to the commission for the regulation of pipelines and pipeline safety, as provided by law.
History:
Laws 1998, ch. 108, § 11; § 8-8-11, recompiled as § 62-19-16 by Laws 2020, ch. 9, § 59; repealed and reenacted by Laws 2023, ch. 100, § 19.
ANNOTATIONS
Repeals and reenactments.
— Laws 2023, ch. 100, § 19 repealed former 62-19-16 NMSA 1978 and enacted a new section, effective July 1, 2024.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 19 - Public Regulation Commission › Section 62-19-17 - Utility division.

A. The utility division shall serve as staff to the commission in the regulation of electric, natural gas, renewable energy sources, telecommunications and water and wastewater systems as provided by law.
B. The commission shall set minimum educational and experience requirements for the director of the utility division.
C. The utility division shall represent the public interest in utility matters before the commission and may present testimony and evidence and cross-examine witnesses. In order to represent the public interest, the utility division shall present to the commission its beliefs on how the commission should fulfill its responsibility to balance the public interest, consumer interest and investor interest.
D. The utility division shall perform the functions of the telecommunications department of the former state corporation commission and staff functions, not including advisory functions, of the former New Mexico public utility commission.
E. Utility division staff shall not have ex parte communications with commissioners or a hearing examiner assigned to a utility case, except as expressly permitted pursuant to Section 8-8-17 NMSA 1978.
History:
Laws 1998, ch. 108, § 12; 2003, ch. 346, § 1; § 8-8-12, recompiled as § 62-19-17 by Laws 2020, ch. 9, § 59.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 59 recompiled former 8-8-12 NMSA 1978 as 62-19-17 NMSA 1978, effective January 1, 2023.
The 2003 amendment,
effective June 20, 2003, added the second sentence in Subsection C; and added the exception to Subsection E.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 19 - Public Regulation Commission › Section 62-19-18 - Telecommunications bureau.

A. The "telecommunications bureau" is created in the utility division of the public regulation commission.
B. The telecommunications bureau shall:
(1) review disputes between telecommunications providers;
(2) investigate each complaint on an expedited basis;
(3) address other telecommunications-related duties as required by the New Mexico Telecommunications Act [Chapter 63, Article 9A NMSA 1978] and the commission; and
(4) recommend actions to the commission.
C. Each complaint shall be resolved by the commission within sixty days unless extended for good cause by an order of the commission or hearing examiner that states with specificity the reason for and length of the extension.
History:
Laws 2000, ch. 100, § 1; 2000, ch. 102, § 1; § 8-8-12.1, recompiled as § 62-19-18 by Laws 2020, ch. 9, § 59.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 59 recompiled former 8-8-12.1 NMSA 1978 as 62-19-18 NMSA 1978, effective January 1, 2023.
Duplicate laws.
— Laws 2000, ch. 100, § 1 and Laws 2000, ch. 102, § 1 enacted identical new sections of law, effective March 7, 2000. The section was set out as enacted by Laws 2000, ch. 102, § 1.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 19 - Public Regulation Commission › Section 62-19-19 - Advisory staff.

A. The chief of staff may hire, with the consent of the commission, advisory staff with expertise in regulatory law, engineering, economics and other professional or technical disciplines to advise the commission on any matter before the commission. The chief of staff may hire on a temporary, term or contract basis such other experts or staff as the commission requires for a particular case.
B. Advisory staff shall:
(1) analyze case records;
(2) analyze recommended decisions;
(3) advise the commission on policy issues;
(4) assist the commission in the development of rules;
(5) assist the commission in writing final orders; and
(6) perform such other duties as required by the chief of staff.
History:
Laws 1998, ch. 108, § 13; § 8-8-13, recompiled as § 62-19-19 by Laws 2020, ch. 9, § 59.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 59 recompiled former 8-8-13 NMSA 1978 as 62-19-19 NMSA 1978, effective January 1, 2023.
Expert's status.
— Although an expert's relationship with the PRC and the expert's advice fell within the definition of advisory staff in Section 8-8-13(A) NMSA 1978 so that the PRC was not required to provide the parties with the substance of the expert's advice, under another set of facts the expert could fall under the category of a non-party expert subject to the restrictions on ex parte communications of Section 8-8-17 NMSA 1978.
Qwest Corp. v. N.M. Public Regulation Comm'n
, 2006-NMSC-042, 140 N.M. 440, 143 P.3d 478.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 19 - Public Regulation Commission › Section 62-19-20 - Hearing examiners.

A. The commission may appoint a commissioner or a hearing examiner to preside over any matter before the commission, including rulemakings, adjudicatory hearings and administrative matters.
B. A hearing examiner shall provide the commission with a recommended decision on the matter assigned to the hearing examiner, including findings of fact and conclusions of law. The recommended decision shall be provided to the parties, and they may file exceptions to the decision prior to the final decision of the commission.
C. When the commission has appointed a hearing examiner to preside over a matter, at least one member of the commission shall, at the request of a party to the proceedings, attend oral argument.
History:
Laws 1998, ch. 108, § 14; 2003, ch. 346, § 2; 2013, ch. 74, § 3; § 8-8-14, recompiled as § 62-19-20 by Laws 2020, ch. 9, § 59.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 59 recompiled former 8-8-14 NMSA 1978 as 62-19-20 NMSA 1978, effective January 1, 2023.
The 2013 amendment,
effective March 29, 2013, deleted reference to the Insurance Code; and in Subsection B, deleted "Except as provided in the New Mexico Insurance Code".
The 2003 amendment,
effective June 20, 2003, added Subsection C.