PNM Resources : Order Granting Stay

Filed

Supreme Court of New Mexico

11/1/2022 1:54 PM

Office of the Clerk

• IN THE SUPREME COURT OF THE STATE OF NEW MEXICO

2	November 1, 2022

• NO. S-1-SC-39440

• PUBLIC SERVICE COMPANY
  5 OF NEW MEXICO,
  6

• Appellant,
  8 v.

• NEW MEXICO PUBLIC REGULATION
  10 COMMISSION,
  11

1. Appellee,
2. and
3. WESTERN RESOURCE ADVOCATES,
4. COUNTY OF BERNALILLO,
5. NEW MEXCO 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,

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

27

ORDER

28 WHEREAS, this matter previously came on for consideration by the Court

Page 1 of 3

• upon a second emergency motion of the Public Service Company of New Mexico
  2 (PNM) for partial stay of the final order of the New Mexico Public Regulation 3 Commission (PRC) which required PNM to issue rate credits, and responses thereto 4 filed by: New Mexico Affordable Reusable Energy Alliance, New Energy Economy,

5 PRC, and the Coalition for Clean Affordable Energy and Western Resource

• Advocates (jointly); and motion by PRC to disregard PNM's second emergency
  7 motion, and PNM's response thereto;
  8 WHEREAS, this Court thereafter entered an order GRANTING the second 9 motion for partial for stay with a provision that the stay would be revisited following

1. the deadline to respond to the second motion, and DENYING PRC's motion to
2. disregard the second motion for partial stay;

12 WHEREAS, additional responses were subsequently timely filed by

1. intervenors Western Resource Alliance, Bernalillo County and the New Mexico
2. Office of the Attorney General (jointly), and Prosperity Works and the Coalition for
3. Clean Affordable Energy (jointly), and the Court having considered the foregoing,
4. revisited the stay, and being sufficiently advised; Chief Justice C. Shannon Bacon,
5. Justice Michael E. Vigil, Justice David K. Thomson, Justice Julie J. Vargas, and
6. Justice Briana H. Zamora concurring;

19

Page 2 of 3

• NOW, THEREFORE, IT IS ORDERED, that the portion of PRC's final order 2 requiring PNM to issue rate credits remains STAYED pending the final resolution 3 of this appeal.

• 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 1st day of

November, 2022.

Elizabeth A. Garcia, Clerk of Court

Supreme Court of New Mexico

By________________________________________

Deputy Clerk

5

Page 3 of 3