PNM Resources : Notice of Appeal with New Mexico Supreme Court

Filed

Supreme Court of New Mexico

12/22/2021 2:39 PM

Office of the Clerk

IN THE SUPREME COURT OF THE STATE OF NEW MEXICO

NO. __________________

PUBLIC SERVICE COMPANY OF NEW

MEXICO,

Appellant,

S-1-SC-39138

v.

NEW MEXICO PUBLIC REGULATION COMMISSION,

Appellee.

In The Matter of the Application of

Public Service Company of New Mexico

for Approval of the Abandonment

of the Four Corners Power Plant

and Issuance of a Securitized Financing

Order,

NMPRC Case No. 21-00017-UT

NOTICE OF APPEAL

Notice is hereby given that pursuant to NMSA 1978 Section 62-11-1 (1993), NMSA 1978 Section 62-18-8(B) (2019) and Rule 12-601 NMRA, Public Service Company of New Mexico ("PNM") appeals to the New Mexico Supreme Court from the Order on Recommended Decisions on Request for Approval of the Sale and Abandonment of PNM's Interest in the Four Corners Power Plant and Issuance of a Securitized Financing Order ("Order") issued by the New Mexico Public Regulation Commission ("NMPRC") in NMPRC Case No. 21-00017-UT at its open meeting on December 15, 2021. PNM takes this appeal against the NMPRC. A

copy of the Order is attached as Exhibit A. A copy of the Recommended Decision on PNM's Request for Approval of the Sale and Abandonment of its Interests in the Four Corners Power Plant and to Recover Non-SecuritizedCosts is attached as Exhibit B, and a copy of the Recommended Decision on PNM's Request for Issuance of a Financing Order is attached as Exhibit C, because these recommended decisions underlie and are referenced in the Order.

PNM's Application in the proceeding below was filed pursuant to the Energy Transition Act, NMSA 1978 Sections 62-18-1 through 62-18-23 (2019) for approval for the abandonment and sale of PNM's interest in the Four Corners Power Plant and approval of a financing order to recover PNM's associated plant abandonment costs. The Order denied PNM's requests for the abandonment and sale of the Four Corners Power Plant and for a financing order, and by its terms, the Order's "findings of facts and conclusions . . . are conclusive of PNM's application."1

Pursuant to Section 62-18-8(B), this Notice of Appeal is timely filed within ten (10) calendar days of the Order. Also pursuant to Section 62-18-8(B), the Supreme Court is respectfully requested to proceed to hear and determine this appeal as expeditiously as practicable.

1 Order, ¶ 44 at 12.

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Respectfully submitted this 22nd day of December 2021,

PUBLIC SERVICE COMPANY OF NEW MEXICO

/s/ Stacey J. Goodwin

Stacey J. Goodwin, Associate General Counsel

PNMR Services Company

Corporate Headquarters - Legal Department

Albuquerque, NM 87158-0805

1. 241-4927

1. [e-mail]

/s/ Richard L. Alvidrez Richard L. Alvidrez Miller Stratvert P.A.

500 Marquette NW, Suite 1100 P.O. Box 25687 Albuquerque, New Mexico 87125

1. [e-mail]

Raymond L. Gifford

Debrea M. Terwilliger

Wilkinson Barker Knauer LLP

2138 West 32nd Ave., Suite 300

Denver, CO 80211

1. 626-2350

1. [e-mail]

Attorneys for Appellant Public Service Company of New Mexico

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CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of Public Service Company of New Mexico's Notice of Appeal was served in accordance with Rule 12-601(B) NMRA by email to the parties listed below on December 22, 2021:

PRC Records Management	[e-mail];
Commissioner Cynthia Hall	[e-mail];
Commissioner Jefferson Byrd	[e-mail];
Commissioner Joseph Maestas	[e-mail];
Commissioner Theresa Becenti-
Aguilar	[e-mail];
Commissioner Stephen Fischmann	[e-mail];
Anthony Medeiros	[e-mail];
Michael C. Smith	[e-mail];
Judith Amer	[e-mail];
Ana C. Kippenbrock	[e-mail];
Ahtza Dawn Chavez	[e-mail];
Ally Beasley	[e-mail];
Amanda Edwards-Adrian	[e-mail];
Andrea Crane	[e-mail];
Bradford Borman	[e-mail];
Brendon Baatz	[e-mail];
Brian Buffington	[e-mail];
Bruce C. Throne	[e-mail];
Cara Lynch	[e-mail];
Carey Salaz	[e-mail];
Charles W. Kolberg	[e-mail];
Christopher Sandberg	[e-mail];
Cydney Beadles	[e-mail];
Dahl Harris	[e-mail];
Debrea Terwilliger	[e-mail];
Don Hancock	[e-mail];
Douglas Gegax	[e-mail];
Eli LaSalle	[e-mail];
Elizabeth Ramirez	[e-mail];
Gabriella Dasheno	[e-mail];
Gideon Elliot	[e-mail];
Gilbert Fuentes	[e-mail];
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Heather Allen	[e-mail];
Jack Sidler	[e-mail];
Jane L. Yee	[e-mail];
Jason Marks	[e-mail];
Jeffrey Albright	[e-mail];
Jeffrey Spurgeon	[e-mail];
Jennifer Van Wiel	[e-mail];
Jim Dauphinais	[e-mail];
John Bogatko	[e-mail];
John Reynolds	[e-mail];
Joseph Hernandez	[e-mail];
Joseph Yar	[e-mail];
Kaleb W. Brooks	[e-mail];
Keith Herrmann	[e-mail];
Kelly Gould	[e-mail];
Keven Gedko	[e-mail];
Kyle J. Tisdel	[e-mail];
Lorraine Talley	[e-mail];
Marc Tupler	[e-mail];
Mariel Nanasi	[e-mail];
Mark Fenton	[e-mail];
Matthew Gerhart	[e-mail];
Michael I. Garcia	[e-mail];
Mike Eisenfeld	[e-mail];
Milo Chavez	[e-mail];
Nann M. Winter	[e-mail];
Nicole Horseherder	[e-mail]
Pat O'Connell	[e-mail];
Peggy Martinez-Rael	[e-mail];
Peter J. Gould	[e-mail];
Randy S. Bartell	[e-mail];
Raymond Gifford	[e-mail];
Richard Alvidrez	[e-mail];
Robyn Jackson	[e-mail];
Ryan Jerman	[e-mail];
Sharon Shaheen	[e-mail];
Stacey Goodwin	[e-mail];
Stephanie Dzur	[e-mail];
Steven S. Michel	[e-mail];
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