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Minutes of the Regular Open Meeting New Mexico Public Regulation Commission

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Minutes of the Regular Open Meeting New Mexico Public Regulation Commission MINUTES OF THE REGULAR OPEN MEETING NEW MEXICO PUBLIC REGULATION COMMISSION May 20, 2020 TIME: 9:30 a. m. PLACE: Zoom Virtual Meeting A quorum was present remotely as follows: Members Present: Commissioner Theresa Becenti-Aguilar, Chair Commissioner Jefferson L. Byrd, Vice-Chair Commissioner Valerie Espinoza, District 4 Commissioner Stephen Fischmann, District 5, arriving later Commissioner Cynthia B. Hall, District 1 Members Absent: None Staff Present: Jason Montoya, Chief of Staff Elizabeth Hurst, Hearing Examiner Robert Lennon, Hearing Examiner Brad Borman, Legal Division Director John Reynolds, Utility Division Director Eugene Evans, Telecommunications Bureau Elisha Leyba-Tercero, Utility Division Jim Williamson, ASD Division Director General Counsel Present: Michael Smith, Acting General Counsel Judith Amer, Associate General Counsel Hans Muller, Associate General Counsel Russell Fisk, Associate General Counsel Others Present Carl Boaz, Stenographer CALL TO ORDER New Mexico Public Regulation Commission May 20, 2020 Page 1 The Open Meeting was scheduled at 9:30 a.m., pursuant to proper notice under NMSA 1978, 10-15-1(c), and the Commission’s Open Meeting Policy. Commissioner Becenti- Aguilar, Chairperson, called the Open Meeting to order at 9:30 a.m. through Zoom, with remote access for the public. A copy of the agenda is incorporated herewith to these minutes as Exhibit 1. A list of all people who registered for the meeting through the Zoom application is incorporated herewith to these minutes as Exhibit 2. (Please note this list only includes people who registered for the meeting online, it does not include those that called in by phone only; it may also include individuals who registered for the meeting but who did not actually attend) I. PLEDGE OF ALLEGIANCE/STATE PLEDGE The Pledge of Allegiance and State Pledge were recited. II. INTRODUCTION OF SPECIAL GUESTS There were no introductions. III. CONSIDERATION AND APPROVAL OF THE AGENDA Commissioner Espinoza moved to approve seconded by Commissioner Byrd. Mr. Smith noted two matters to be changed: the removal of Case #17-00299-UT on the Utility Consent Action due to an insufficient amount of time for a response. Second, to move Case #19-00349 for Certificate of Public Necessity from Consent to Regular Action. Commissioner Espinoza moved, seconded by Commissioner Byrd, to approve the Agenda as amended. Chair Becenti Aguilar asked Mr. Smith why the changes were needed. Mr. Smith explained that on the EL Paso Case #19-00349, Mr. Fisk asked to move it to Regular Action to address something. For Case #17-00299, a sufficient period of time has not elapsed for a response. Chair Becenti Aguilar said the motion would be as amended. She asked if there were other changes. New Mexico Public Regulation Commission May 20, 2020 Page 2 Commissioner Hall asked to confirm the vote was just for Consent Action approval. She said she didn’t have a question on that. Mr. Smith clarified the vote is just to approve the agenda, not to address the Consent Agenda. He offered to take the vote on the approval of the agenda. Chair Becenti Aguilar stated for the record that Commissioner Espinoza made the motion to approve the agenda with two changes, seconded by Commissioner Byrd. Commissioner Hall interjected she did have a question if the vote is for the whole agenda. She noticed Item #7 under Regular Action (#19-00248) is the first time they have seen the case. She asked if the case could be postponed a week because she felt she didn’t have enough time to review it. Chair Becenti-Aguilar asked Mr. Smith if possible that a presentation could be made on the case today or just moved until next week. Mr. Smith noted the case was on the agenda for a presentation of the RD for Regular Action and Hans Muller could address if there is a time issue. If there isn’t it could be presented today and brought back for vote next week with Commission approval. Commissioner Espinoza suggested they vote and proceed with the agenda. Chair Becenti-Aguilar confirmed Mr. Muller was on the line. She asked if he could clarify if they could just do a presentation today. The Commission would take more time to review the RD and make a decision next week. Mr. Muller noted that Hearing Examiner, Robert Lennon was also on the line and he could present. There is no time issue. He reminded the Commission there was no meeting next week and the next meeting would be June 3, 2020. Mr. Montoya said that was correct. They omitted the week of Memorial Day when setting the schedule and the next scheduled open meeting is June 3. Chair Becenti-Aguilar said there are two cases and the last item will be just for presentation. The motion was made by Commissioner Espinoza and seconded by Commissioner Byrd as amended. Commissioner Espinoza said it seemed only one Commissioner was not prepared to proceed with the efficiency case. She asked to clarify whether the motion was to move the regular agenda as submitted or postpone until June. Her motion was approved as New Mexico Public Regulation Commission May 20, 2020 Page 3 submitted and proceed with the regular action items. If a change was made to postpone until June someone should revise the motion, or the Commission should proceed with the agenda as submitted. Commissioner Fischmann concurred with Commissioner Hall and would like more time to consider before the vote. He advised General Counsel they should always, as a matter of course for any case involving one of the four IOUs, set up a presentation one week and the vote the following week. Those cases tend to be more complex and affect a lot of people. Having that week gives them time to think it through. He thought it a good idea to push the final vote out a week and just hear the presentation today. Commissioner Byrd said he was ready, but it doesn’t matter to him. Mr. Smith suggested the manner to deal with this is to treat Commissioner Hall’s request as a motion for a presentation and move the final consideration to next week. Commissioner Fischmann’s support would be a second. This would be a substitute motion and voted on first. Depending on the outcome, they would proceed to the main motion. Commissioner Hall moved, seconded by Commissioner Fischmann, to amend the agenda to hear the RD presentation today and move the vote to next week. The motion failed on a roll call vote (3-2) with Commissioner Byrd, Commissioner Espinoza, and Chair Becenti Aguilar voting against and Commissioner Hall and Commissioner Fischmann voting in favor. Commissioner Hall pointed out in the past, an informal practice was if a Commissioner wanted to extend the deadline to study a case further was always granted as a matter of courtesy. The idea to proceed if four Commissioners are prepared, which they clearly don’t have - it’s not that she isn’t prepared, she has read the case - is inappropriate to force a case through when there is no deadline. Chair Becenti Aguilar returned to the vote on the original motion by Commissioner Espinoza moved, seconded by Commissioner Byrd. The motion as amended was approved on a unanimous 5-0 roll call vote with Commissioner Byrd, Commissioner Hall, Commissioner Espinoza, Commissioner Fischmann, and Commissioner Becenti-Aguilar voting in the affirmative and none voting against. IV. CONSIDERATION AND APPROVAL OF PRIOR MEETING MINUTES New Mexico Public Regulation Commission May 20, 2020 Page 4 • Minutes of May 6, 2020 Open Meeting Commissioner Espinoza moved, seconded by Commissioner Hall, to approve the minutes of May 6, 2020 Open Meeting minutes as presented. The motion was approved on a unanimous 5-0 roll call vote with Commissioner Byrd, Commissioner Hall, Commissioner Espinoza, Commissioner Fischmann and Commissioner Becenti- Aguilar voting in the affirmative and none voting against. V. PUBLIC COMMENT There was no public comment. VI. REPORT FROM TRANSPORTATION DIVISION Mr. Montoya stated he hoped everyone would continue to stay safe and healthy. He prepared a presentation on behalf of the Transportation Division. Everything seems well within the Division. Staff is healthy and in compliance with the PRC and public health orders and they have accommodated the orders as they proceed with inspections. Staff has been assisting investigators from the EMS Bureau on three complaints and conducting remote interviews on alleged violations. Also, they are getting affidavits from complainants and preparing for upcoming hearings. Hearing Examiner Lennon has been assigned to a number of ambulance cases that Staff expects to make progress on soon. They will continue to accept informal and formal complaints and document, record and proceed with interviews remotely. Also, Staff had been processing documents sent on noncompliant motor carriers during 2019 and the beginning of 2020 until the public health emergency was issued. Staff has not been able to conduct field inspections but scheduled 38 inspections as early as the first week of June. Appropriate PPE will be provided to inspectors who will have minimal contact with the motor carriers. Both Staff and the motor carriers are comfortable with the inspections and there will be only one inspector assigned for each inspection. Commissioner Espinoza asked the carriers staff has talked to. Mr. Montoya explained there are 38 companies. He offered to share those with her later. New Mexico Public Regulation Commission May 20, 2020 Page 5 Also, they have received reports of uncertified motor carriers and when reports are submitted to himself or Fidel Archuleta, they investigate as they do normally. Staff, working remotely, has responded to an average of 10-15 calls per day on essential, non-essential, repossession letters mailed, etc.
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