PNM Resources : Order Granting Emergency Stay and Briefing

Filed

Supreme Court of New Mexico

9/2/2022 12:16 PM

Office of the Clerk

• IN THE SUPREME COURT OF THE STATE OF NEW MEXICO
  2

3	September 2, 2022

• NO. S-1-SC-39440

• PUBLIC SERVICE COMPANY
  6 OF NEW MEXICO,
  7

• Appellant,
  9 v.

1. NEW MEXICO PUBLIC REGULATION
2. COMMISSION,

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1. Appellee,
2. and
3. WESTERN RESOURCE ADVOCATES,
4. COUNTY OF BERNALILLO,
5. NEW MEXICO OFFICE OF THE ATTORNEY GENERAL,
6. NEW ENERGY ECONOMY,
7. NEW MEXICO AFFORDABLE RELIABLE
8. ENERGY ALLIANCE, COALITION FOR CLEAN
9. AFFORDABLE ENERGY, and PROSPERITY WORKS,

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1. Intervenors-Appellees.
2. In the Matter of Public Service Company
3. of New Mexico's Abandonment of San Juan
4. Generating Station units 1 and 4,
5. NMPRC Case No. 19-00018-UT

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ORDER

1. WHEREAS, this matter came on for consideration by the Court upon the
2. following: (1) motions to intervene filed by the County of Bernalillo and the New
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• Mexico Office of the Attorney General (NMAG) (jointly), Coalition for Clean
  2 Affordable Energy (CCAE) and Prosperity Works (PW) (jointly), New Energy 3 Economy (NEE), New Mexico Affordable Reliable Energy Alliance (NM AREA), 4 and Western Resource Advocates (WRA); (2) emergency motion for interim partial 5 stay filed by Appellant, Public Service Company of New Mexico (PNM), responses 6 thereto filed by intervenors WRA and CCAE; (3) motion for briefing schedule filed 7 by Appellee, New Mexico Public Regulation Commission (PRC), and response 8 thereto; (4) second emergency motion for partial stay and request for briefing 9 schedule filed by PNM, responses thereto filed by PRC, NEE, NM AREA, CCAE

1. and WRA (jointly), and partial response filed by CCAE, NEE, PW, and NMAG
2. (jointly); and (5) motion to disregard PNM's second emergency motion for partial
3. stay filed by PRC;
4. WHEREAS, the Court concludes that the first emergency motion for partial
5. stay is superseded by the second emergency motion for partial stay;
6. WHEREAS, not all intervenors have filed complete responses to PNM's
7. second emergency motion for partial stay;
8. WHEREAS, the Court having considered the foregoing and being sufficiently
9. advised; Chief Justice C. Shannon Bacon, Justice Michael E. Vigil, Justice David K.
10. Thomson, Justice Julie J. Vargas, and Justice Briana H. Zamora concurring;

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• NOW, THEREFORE, IT IS ORDERED that PNM's second emergency 2 motion for partial stay pending appeal is GRANTED and PRC's motion to disregard 3 second emergency motion for stay is DENIED; and

• IT IS FURTHER ORDERED that responses to the second motion for partial 5 stay shall be timely if filed by September 12, 2022;
  6 IT IS FURTHER ORDERED that after consideration of all responses, the 7 Court shall revisit the stay;
  8 IT IS FURTHER ORDERED that all motions to intervene are GRANTED; 9 and

1. IT IS FURTHER ORDERED that the caption on all further pleadings filed in
2. this proceeding shall conform to the caption of this order.
3. IT IS SO ORDERED.

WITNESS, the Honorable C. Shannon Bacon, Chief

Justice of the Supreme Court of the State of New

Mexico, and the seal of said Court this 2nd day of

September, 2022.

Elizabeth A. Garcia, Clerk of Court

Supreme Court of New Mexico

By________________________________________

Deputy Clerk

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