Public Regulation Commission Annual Report 2006

Letter from PRC Commissioners……………………………………………………1

PRC Commissioners…………………………………………………………………..2

PRC District Map……………………………………………………………………….3

PRC Regulation Chart.………………………………………………………………..4

Organizational Chart…...……………………………………………………………..5

PRC Mission and Vision..……..……………………………….……………………..6

Chief of Staff…………………………………………………….……………………...7 Consumer Relations………………….……………………….…………………..…10 Transportation……………………………….………………….………………..…..12 Utility…………..………………………………….……………….……………………13 Energy, Policy and Regulation, and Telecommunications

Public Safety………………………………..……………………………..…….……18 State Fire Marshal, Fire Academy, and Pipeline Safety

Insurance ……………………………………….…………………….……………....23 Insurance Operations, Insurance Fraud, Title Insurance

General Counsel………………………..……….………..………….………………31 Hearing Examiners….…………………….…….…………………………………...33 Public Information Officer………………………………….……………………….34 Legal…………………………………….….……………………………………..……35

Administrative Services.………………….…………………………………..…….37 Budget and Finance, Human Resources, Information Technology, Records & Corporations

www.nmprc.state.nm.us i 1-800-947-4722 NEW MEXICO PUBLIC REGULATION COMMISSION

COMMISSIONERS Ben R. Lujan, Chairman DISTRICT 1 JASON A. MARKS, VICE CHAIRMAN 1120 Paseo de Peralta/P.O. Box 1269 DISTRICT 2 DAVID W. KING DISTRICT 3 BEN R. LUJAN, CHAIRMAN Santa Fe, NM 87504-1269 DISTRICT 4 LYNDA M. LOVEJOY Phone (505) 827-4533 DISTRICT 5 E. SHIRLEY BACA Fax (505) 476-0161

December 1, 2006

Citizens of New Mexico, Members of the New Mexico State Legislature, Governor Bill Richardson;

The New Mexico Public Regulation Commission is proud to present our 2006 Annual Report, detailing the activities and accomplishments of the Commission for the past fiscal year.

The Commission’s report recognizes the impact that the Public Regulation Commission has on the State of New Mexico and the citizens of the state. It is for this reason that I proudly commend the commitment and dedication of all of the Commissioners and the staff of the PRC who work diligently to provide quality service to all and who carry out the tremendous responsibility with which the citizens of New Mexico have entrusted us. We are a diverse organization with varying duties and responsibilities that learn from each other, from public input, from the industries we regulate and the people of New Mexico.

The Commission continually strives to find balance between industry and consumer to create fair and reasonable rates, to ensure safe and reliable services and to make certain that regulated entities receive fair returns on their investments. With this in mind the Commission works diligently to improve our services for both the industries we regulate and the consumers we serve.

Sincerely,

Ben R. Lujan, Chairman New Mexico Public Regulation Commission

1 New Mexico Public Regulation Commission Annual Report 2006

Chairman Ben R. Lujan District 3, Northeastern and North Central New Mexico [email protected] W: (505) 827-4533 F: (505) 476-0161 Executive Assistant: Jennifer A. Conn [email protected]

Vice Chairman Jason A. Marks District 1, Albuquerque Metropolitan Area [email protected] W: (505) 827-8015 F: (505) 476-0474 Executive Assistant: Leroy Aragon [email protected]

Commissioner David W. King District 2, Southeastern New Mexico [email protected] W: (505) 827-4531 F: (505) 827-6522 Executive Assistant: Stacy Starr-Garcia [email protected]

Commissioner Lynda M. Lovejoy District 4, Northwestern New Mexico [email protected] W: (505) 827-8019 F: (505) 476-0472 Executive Assistant: Sandra Jeff-Ruiz [email protected]

Commissioner E. Shirley Baca District 5, Southwestern New Mexico [email protected] W: (505) 827-8020 F: (505) 476-0473 Executive Assistant: Jessie Ramirez [email protected]

www.nmprc.state.nm.us 2 1-800-947-4722

New Mexico Public Regulation Commission Annual Report 2006

www.nmprc.state.nm.us 3 1-800-947-4722

New Mexico Public Regulations Commission Annual Report 2006

The Public Regulation Commission (PRC) regulates public utilities, telecommunications companies, motor carriers, and insurance companies operating in New Mexico. Other functions of the PRC include administering the State Fire Marshal, State Firefighters Training Academy, Pipeline Safety and the Registration of Corporations.

CCN Service Consumer Regulated Entity Type (Market Rates Safety Quality Complaints Entry) Electric Utilities1 x x x x x Regulation Chart Natural Gas Utilities1 x x2 x x x Water Utilities and Sewer1 x x x x x Telephone ILECs x x x x Telephone CLECs x x Long Distance Carriers x Wireless Telephone Cos. x3 x Motor Carriers: includes taxis, buses, limousines, shuttle services, wreckers, x x x x x ambulances, household movers Pipelines x Excavators x Underground Facility Owners x Insurance Carriers x x4 x x Insurance Agents x x x State Fire Marshal (Inspection of Public x Buildings)

1Excludes utilities owned by a local government or mutual domestic water associations.

2The PRC sets rates for gas transmission and distribution; the price of the gas itself is based on market prices.

3By federal law, the PRC has jurisdiction over a limited range of consumer protection items for wireless carriers.

4The PRCs Insurance Division has very limited rate review authority over most lines; the Division is statutorily mandated to set rates for title insurance.

www.nmprc.state.nm.us 4 1-800-947-4722 New Mexico Public Regulation Commission Annual Report 2006

Citizens of New Mexico

Jason A. Marks David W. King Ben R. Lujan Carol K. Sloan Sandy Jones Commissioner Commissioner Commissioner Commissioner Commissioner

Leroy Aragon Stacy Starr-Garcia Jennifer Conn Carlos Trujillo Elizabeth Martin Executive Assistant Executive Assistant Executive Assistant Executive Assistant Executive Assistant

Daniel W. Mayfield Management Analyst Chief of Staff

General Counsel Hearing Examiners Public Information Native American Liaison*

Administrative Consumer Insurance Legal Division Transportation Utility Division Services Relations Division Division Division

Financial Licensing & Insurance Fraud Applications Accounting Management Revenue

Human Property & Title Insurance Compliance Economics Resources Casualty

Records Examination & Workers’ Investigation Compensation Pipeline Safety Electrical Engineering

Information Managed Health State Fire Systems Care Marshals Office Gas, Water & Wastewater

Corporations State Fire Fighter Academy Telecommunication

* Position was created during the 2006 Legislative Session and is displayed to show current structure.

www.nmprc.state.nm.us 5 1-800-947-4722 New Mexico Public Regulation Commission Annual Report 2006

Mission

The Public Regulation Commission (PRC) regulates the utilities, telecommunications, motor carriers and insurance industries to ensure fair and reasonable rates, and to

assure reasonable and adequate services to the public as provided by law. The PRC promotes public safety through the offices of State Fire Marshal, the Firefighter Training

Academy, and Pipeline Safety Bureau. The PRC is responsible for the registration of all corporations doing business in New Mexico.

Vision

The PRC is to administer and enforce the law in the most efficient, responsive and thoughtful manner as possible. The PRC will continuously strive to regulate by creating a synergy between New Mexico consumers and the industries that the PRC regulates. The Commission is committed to setting the agenda and is proactive when it comes to critical energy, telecommunications, and insurance issues confronting our state.

www.nmprc.state.nm.us 6 1-800-947-4722 New Mexico Public Regulation Commission Annual Report 2006

The PRC Chief of Staff is located at: PERA Building 1120 Paseo de Peralta Santa Fe, NM 87504 Staff Member Phone No. Division/Bureau

Daniel W. Mayfield 827-4037 Chief of Staff Mona Varela 827-4433 Management Analyst

Working for you!

www.nmprc.state.nm.us 7 1-800-947-4722 New Mexico Public Regulation Commission Annual Report 2006

The Chief of Staff’s Office assists the five Public Regulation Commissioners in many ways. The Chief of Staff collaborates on a regular basis with Division Directors to ensure that the Public Regulation Commission’s policies are being implemented. The Chief of

Staff attends every Public Regulation Commission open meeting to report on the progress f that Divisions are making.

The Chief of Staff provides leadership in preparing and monitoring the Public Regulation Commission budget and preparation of key reports such as the Annual Report to the

Chief of Staf of Chief Legislative Finance Committee. The Chief of Staff’s Office serves as the coordination point for public relations and information, and during the legislative sessions, ensures that the Public Regulation Commission responds to all legislative analysis requests by state lawmakers. The Chief of Staff works closely with outside and internal resources in order to accomplish the needs and goals of the PRC.

This Past Year √ Over the past year, the Chief of Staff’s Office coordinated an internal audit of all contracts to create efficiencies and increase fiscal responsibility of the Commission. √ Reduction in staff vacancy rate by aggressively recruiting and retaining highly qualified individuals and professional staff: the rate decreased from 23% down to 15% by fiscal year end. The current vacancy rate for fall 2006 is 5%. √ Oversaw the realignment of internal salaries to adequately recognize the value of services provided by the professional staff of the PRC. √ Oversaw the advancement of internal technological uses for the promotion of increased communications for all meetings and hearings, thus allowing more involvement and interaction from all interested parties in Commission proceedings.

The Year to Come The Chief of Staff’s Office will continue to assist the Public Regulation Commissioners and Division Directors in reviewing existing programs to obtain increased funding to support program expansion and continue to provide quality services to New Mexico.

With the recent creation and appointment of the Native American Liaison, the Chief of Staff will establish a positive working relationship to ensure the position is utilized for its legislative intent which is fair representation with New Mexico’s sovereign nations. The PRC intends to work with the sovereign entities to ensure that their concerns regarding PRC regulated entities are heard and that their needs are met.

In 2006 the important contributions that former Commissioners made to the PRC and the State of New Mexico were recognized. The PRC unveiled a new Honor Gallery of all former Commissioners.

www.nmprc.state.nm.us 8 1-800-947-4722 New Mexico Public Regulation Commission Annual Report 2006

The PRC Consumer Relations Division is located at: Marian Hall 224 East Palace Avenue Santa Fe, NM 87501 Staff Member Phone No. Division/Bureau

Juan Rios 827-4661 Director Barbara Rael 827-6967 Utility Bureau Supervisor Arcy Baca 827-1247 Utility Shawn Chafins 827-4674 Utility Sheila Shaffer 827-4434 Utility Anna Vigil 827-4548 Utility Louise Vigil 827-6953 Utility Patrick Herrera 827-4592 Utility John Gaherty 827-4337 Insurance Bureau Supervisor Anna Montoya 827-4648 Insurance Patricia Torres 827-4549 Insurance

www.nmprc.state.nm.us 9 1-800-947-4722 New Mexico Public Regulation Commission Annual Report 2006

The Consumer Relations Division assists consumers with inquiries and complaints against companies that are regulated by the New Mexico Public Regulation Commission. The division consists of two bureaus: Utility and Transportation Complaints and Insurance Complaints. The division’s compliance officers assist consumers with their disputes in an effort to resolve consumer troubles in a fair and timely manner. Our compliance officers utilize mediation and alternative dispute resolution methods to solve consumer complaints. The division also receives and investigates non-docketed consumer inquiries.

Performance Measures The CRD compiles consumer information and develops data to advise the commission about consumer related issues and trends. The division also assists the Commission to develop and implement consumer policies and programs. The CRD works closely with the consumer

protection divisions of the New Mexico Attorney General and Governor’s Constituent Services Office to ensure fair and, timely resolution of consumer inquires and complaints.

The Past Year

Turn Around Credits and Consumer Relations Consumer Bureau Inquiries Complaints Time Refunds

Utility and Transportation 10,143 1,576 24 hours $426,904

Insurance 4,462 948 21 Days* $1,260,002

* Minimum time frame as statutorily set

The Year to Come The Bureau’s objective is achieved by processing consumer inquiries and complaints in a timely, knowledgeable, and professional manner. The goal is to investigate all PRC related consumer complaints to ensure that New Mexico laws, rules, regulations and tariffs are legally adhered to by PRC regulated industries, and to do so within an average processing time of 24 hours or less for the Utility and Transportation Complaint Bureau and within statutory requirements for the Insurance Complaint Bureau. The Bureau will also continue to develop and participate in community outreach programs, education and public information events such as Expo New Mexico.

The Division obtained The division handled a a total of $1,686,906 grand total of 17,129 in credits and refunds for inquiries and complaints consumers with a staff of from New Mexico 11 full-time employees! consumers.

www.nmprc.state.nm.us 10 1-800-947-4722 New Mexico Public Regulation Commission Annual Report 2006

The PRC Transportation Division is located at: PERA Building 1120 Paseo de Peralta Santa Fe, New Mexico 87504

First Name Phone No. Division/Bureau Ron Martinez 827-4290 Director Billie Alvarez 827-4640 Compliance Maxine Chavez 476-0122 Compliance Gloria Kennedy 827-4590 Compliance Jules McDermitt 827-4289 Compliance Maya Otero 827-4078 Compliance Brianna White 827-4517 Compliance Vincent De Cesare 827-5013 Investigations Marie Gutierrez 827-4560 Investigations Larry Lujan 827-4505 Investigations Terence Martinez 827-4312 Investigations Paul Montoya 827-4310 Investigations Chris Saiz 827-4311 Investigations

www.nmprc.state.nm.us 11 1-800-947-4722 New Mexico Public Regulation Commission Annual Report 2006

It is the policy of this state to foster the development, coordination and preservation of a safe, sound, and adequate transportation system, requiring financial responsibility and accountability on the part of the motor carriers, providing for economic regulation of carriers of persons and household goods and towing services performing nonconsensual tows, and by streamlining and promoting uniformity of state regulation of motor carriers.

# Type of Service Regulated The Investigations Bureau conducted Ambulance 92 215 inspections, worked on 20 applications and performed 83 Household Goods investigations. Carriers 52 Passenger Carriers 245 Due to the fluctuating gas prices the Towing Services 414 Commission developed a surcharge rule Warranty Carriers of to compensate both industry as well as Property 1,617 citizenry. Railroads 10 Total 2430 The Commission intends to file a Notice of Proposed Rulemaking regarding Railroad Rules.

The Past Year The Division accomplished the following: processed more than 440 insurance filings and processed more than 300 applications for Warrants, Certificates of Public Convenience and Necessity, Tariff Changes, name changes, transfers, leases and contracts; conducted more than 295 motor carrier inspections and investigations; collected more than $3.5 million from the Single State Registration System for the New Mexico road fund; enforced rates for 806 transportation regulated entities; and streamlined all application processes by developing applications that are easier to complete.

The Year to Come The Division will have completed a safety review of all ambulance and passenger carriers. The Division recommends that the Public Regulation Commission propose legislation to eliminate economic barriers to the transportation market place. The Division strives to improve relations with the Motor Transportation Division (MTD) of the Department of Public Safety to improve safety.

The Division is working on scanning and inputting information into the E-Docket/Info-Share ortation database. Annual Reports are used to update and clarify information, which are then p scanned into the system. Scanning will allow our Division to provide proof of Insurance Filings and Annual Reports. Trans

www.nmprc.state.nm.us 12 1-800-947-4722 New Mexico Public Regulation Commission Annual Report 2006

Rural electric coops are run by their members. Policy and Regulation Did you go to your annual The PRC’s regulation of electric, natural gas, water and sewer utilities is a key meeting or program of the agency involving the Utility Division, the Legal Division, Hearing vote in your Examiners, General Counsel, and, of course, the Commissioners. The election? Commission regulates rates, conditions of service, corporate structure and financing of utilities, but the level of regulation is a function of the form of business Inspection organization utilized by the utility. Investor-owned utilities receive the highest and Supervision level of regulation, since only the Commission can protect the public by balancing Fees charged the interest of consumers and investors. Utilities formed as cooperatives receive to utilities far less regulatory oversight, since the utility is owned and operated by and collected consumers. These levels of regulation are determined by statute in the Public by the PRC Utility Act. total $8 million per The Past Year year. The entire amount is transferred Two major utility rate cases have been filed seeking significant rate increases for directly to the PNM Gas Services (14.6%) and El Paso Electric Company (18.6%). Both cases State General have generated significant interest from interveners and Staff as the process of Fund. evaluating the massive details of the filings takes place. The PRC The Commission met its House Bill 2 performance measure which requires encouraged commercial electric rates in New Mexico to be within 5% of a regional its Staff to average. We also significantly surpassed the target of 240 days to complete see the rate cases. global warming documentary, New legislation allows small, investor-owned water utilities serving less than 1500 “An customers to increase their rates up to 50% per year without a hearing unless Inconvenient 10% of their customers (or 25 customers, whichever is more) file a protest with Truth”. the Commission and start a review of the rate proposal. Larger companies with up to 5,000 customers may increase rates up to 8% per year without a hearing unless there are protests from 10% of their customers.

The Year to Come

PNM will file an electric rate increase in early 2007. After hearings on the current rate proposals, new rates for PNM Gas Services and El Paso Electric will be implemented.

The Commission will finalize improvements in the Commission’s Net Metering Rule which allows customers to sell energy back to their utility.

Energy Efficiency and Integrated Resource Planning rulemakings will be completed and new rules will take effect.

www.nmprc.state.nm.us 13 1-800-947-4722 New Mexico Public Regulation Commission Annual Report 2006

Telecommunications Federal law and New Mexico statutes require a reduced level of regulation for

telecommunications companies. As part of this process Qwest, by far the largest provider in New Mexico, is regulated under an Alternative Form of Carrier and Regulation (AFOR) plan originally approved in 2001. Windstream Utility Fees Communications (formerly Valor) is governed by statutorily-mandated Midsize charged to Carrier Rules. Wireless providers are exempt from Commission regulation telecommunica- regarding rates and market entry, but the Commission has passed consumer tions firms and protection rules. collected by the PRC total $4 The Past Year million per year. Proceedings were undertaken to resolve Qwest’s outstanding investment The entire commitment shortfall of $224 million in its first AFOR. The Commission also held hearings to determine if Qwest failed to meet its quality of service amount is obligations under its first AFOR. transferred directly to the Qwest’s original 5-year AFOR has expired and a new one must be developed. State General The Commission held proceedings to consider Qwest’s future AFOR. Fund.

As required by statute, the Commission implemented a rule governing mid-size 91% of the carriers - telecoms serving more than 50,000 but less than 375,000 access lines available 3-digit in New Mexico. Windstream is the only telecom in New Mexico that is mid-size. dialing codes (prefixes) in The Commission approved a rule implementing the State Rural Universal Service Fund. Revenues collected by telecom providers will be utilized by the fund to keep rural long-distance phone service affordable. are currently in use. We need In response to the nearing of the complete utilization of Area Code 505’s Area Code 575

y available prefixes, the Commission started the process to implement an to handle additional area code for the state. The new number will be 575. additional

Utilit growth. The Year to Come The Commission will issue a Final Order implementing Qwest’s new AFOR plan.

The Commission will hold hearings and will issue an order on a proposed settlement of Qwest’s original AFOR underinvestment that was entered into by Qwest, the Attorney General and the General Services Dept.

The Commission will consider means of eliminating Qwest’s contributions to its Rural Extension Fund in a manner that still provides for extension of service to customers in rural areas.

The Commission will complete the process of reviewing the implementation of the 811 (Call Before You Dig) and 211 (United Way) dialing codes.

The Commission will seek funding for a Telecommunications Competition Study. This study will evaluate the level of telecom competition in New Mexico to provide guidance to policymakers regarding the regulation of the industry.

www.nmprc.state.nm.us 14 1-800-947-4722 New Mexico Public Regulation Commission Annual Report 2006

Clean Energy for New Mexico New Mexico continues to be a leader in clean energy development and implementation. This includes the Commission’s support for renewable energy developers as well as a review of the entire regulatory process to remove impediments to utilities offering effective energy conservation plans for the benefit of their consumers, the State and the environment.

The Past Year

The Commission approved PNM’s proposal to buy Renewable Energy Credits from consumer- owned small photovoltaic units at $.13 per KWH. This is a significant incentive for consumers to install solar units.

After lengthy negotiations, consumer groups, environmental organizations, the Attorney General, Staff and PNM agreed on a plan to allow PNM to include its Afton Generating Station in Dona Ana County as a resource available for PNM customers. With the planned expansion of output the gas-fired unit will help assure reliable power for PNM consumers.

The Year to Come Utility

Investor owned utilities in New Mexico will acquire 1,022,741 megawatt-hours of renewable energy as part of their Commission-approved renewable portfolios.

Energy Saving Tip: “Wall warts”, the ubiquitous wall chargers used for cell phones, laptops, and countless other devices turn out to be a secret energy hog using electricity even when not charging anything. Plug several into a power strip and turn the strip off when not in use to save electricity, money and cut down on greenhouse gas emissions.

www.nmprc.state.nm.us 15 1-800-947-4722 New Mexico Public Regulation Commission Annual Report 2006

The PRC Utility Division is located at: Marian Hall 224 East Palace Avenue Santa Fe, NM 87501

Staff Member Phone No. Division/Bureau

John Curl 827-6960 Director Tina Sargent 827-6936 Administrative Assistant Charles Gunter 827-6975 Accounting Bureau Chief Andrea Delling 827-6962 Accounting James Brack 827-6982 Economics Bureau Chief Jacob Arnold 827-4112 Economics Paul Leonis 827-6913 Economics Tom Patin 476-0477 Economics Anthony Sisneros 827-6958 Economics Prasad Potturi 827-6977 Electrical Eng. Bureau Chief Steven Schwebke 827-6971 GWW Eng. Bureau Chief Martin De La Garza 827-6992 Gas/Water/Wastewater Eng Tim Martinez 827-6914 Gas/Water/Wastewater Eng Phillis Stevens 827-4401 Gas/Water/Wastewater Eng Michael Ripperger 827-6902 Telecom Bureau Chief Mark Cessarich 827-6903 Telecommunications Chandan Choudhary 827-6630 Telecommunications Susan Oberlander 827-6950 Telecommunications Georgette Ramie 476-0448 Telecommunications Ruby Rohrs 827-5062 Telecommunications Mary R. Serrano 827-4495 Telecommunications Ken Smith 827-4411 Telecommunications

www.nmprc.state.nm.us 16 1-800-947-4722 New Mexico Public Regulation Commission Annual Report 2006

State Fire Marshal’s Office

Responsibilities include: the distribution of The Past Year monies from the State Fire Fund to Fire The Fire Service Support Section conducted a Departments who apply and are qualified to major Needs Assessment of the State's ISO receive such funding; the protection of life Class 10 and Class 9 fire departments, for the safety through inspection of buildings, Legislative Finance Committee. The Fire structures and facilities; the determination of Service Support Section began an fire origin and cause through investigations; enforcement program to enforce Title 10, and the regulation of the distribution and Chapter 25, Part 10, Section 12, to upgrade sales of fireworks in New Mexico. perennial ISO Class 10 fire departments that are in jeopardy of being removed from the state fire protection funding process. y The Fire Service Support Section implemented an assistance program for fire departments attempting to secure loans from

Public Safet the New Mexico Finance Authority for capital outlay projects. The Fire Service

Support Section calculated and distributed Performance Measures $31.6 million to New Mexico fire departments The State Fire Marshal’s office from the Fire Protection Fund. conducted 17,854 inspection audit hours. The Year to Come The State Fire Marshal’s Office and The Fire Service Support Section will bring State Fire Academy delivered a total of every New Mexico fire department on line with 71,537 training contact hours over the the National Fire Incident Reporting System. past year, meeting its performance The Code Enforcement Section will enter into measure. a cooperative agreement with the Public Schools Facilities Authority. The Investigations Section will increase the The Office maintained the 50% targeted participation in the statewide Arson Task outcome of counties’ and municipalities’ Force by other agencies and local participation in the Arson Task Force or governments. partnerships with the State Fire

Marshal’s Office.

17,854 Inspection Audit Hours The distributions from the 71,537 Training Contact Hours Fire Service Support Section 50% Counties’ and Municipalities’ to NM fire departments Participation increased by $6.8 million or 27.4 % over the prior fiscal period.

www.nmprc.state.nm.us 18 1-800-947-4722 New Mexico Public Regulation Commission Annual Report 2006

The PRC Fire Marshal’s Office is located at: Bokum Building 142 W Palace Ave. Santa Fe, NM 87501

Staff Member Phone No. Bureau

John Standefer 827-3761 Fire Marshal Vernon Muller 827-3785 Deputy Fire Marshal Jeanette Olivas 827-3550 Support Staff Xavier Anderson 827-3732 Fire Investigator Joe Chavez 827-3733 Fire Investigator Shannon Talent 827-3733 Fire Investigator Randy Varela 827-3732 Fire investigator Mikel Ward 827-3732 Fire Investigator Carrie Deaguero 827-3723 Support Staff Randal Arnold 827-3787 Fire Department Inspector Ronnie Baca 827-3559 Fire Department Inspector Michael Gonzales 827-3750 WIPP Coordinator Paul Linville 827-3734 Chief Fire Inspector Barbara Montoya 827-3728 Support Staff Michael Armijo 827-3765 Fire Inspector Lita Bernal 445-4265 Fire Inspector Bruce Dile 827-3762 Fire Inspector Joe Garcia 827-3765 Fire Inspector Louis Gonzales 827-3730 Fire Inspector John Ludi 827-3762 Fire Inspector Rudy Padilla 827-3786 Fire Inspector Juan Romero 827-3762 Fire Inspector Ray Wolf 490-2117 Fire Inspector

www.nmprc.state.nm.us 17 1-800-947-4722 New Mexico Public Regulation Commission Annual Report 2006

The PRC Firefighter Training Academy is located at: 600 Aspen Road SW Socorro, NM 87801

Staff Member Phone No. Division/Bureau

Arturo Sais 835-7521 Director Sharlynn Montoya 835-7500 Support Staff Barbara Romero 835-7502 Financial Specialist Reyes Romero 835-7503 Instructor Supervisor Rosalie Anaya 835-7505 Administrative Assistant Brad Brunson 835-7519 Instructor David Romero 835-7517 Instructor Terry Short 835-7510 Instructor Marion Whatley 835-7508 Instructor Edward Wood 835-7509 Instructor Clarence Barela 835-7500 Maintenance Supervisor Joey Anaya 835-7500 Maintenance Rick Pierson 835-7500 Maintenance

www.nmprc.state.nm.us 19 1-800-947-4722 New Mexico Public Regulation Commission Annual Report 2006

State Firefighters Training Academy The Academy is charged with providing training programs designed to develop the basic and advanced skills necessary for students to be more effective members of the fire service; providing the best instruction and The Total training possible in the fire service; serving the public at large by Number of providing education services, training, and counseling; and providing a Students means to allow firefighters to demonstrate their ability to meet enrolled at the professional qualification standards. SFFTA for fiscal year 2006 was 3,101. Performance Measures The Academy met its performance measure of a 95% pass rate for state certification exams administered by the State Fire Academy. The The Firefighter Academy trained 100% of the 3,101 enrolled students, exceeding the Training 75% target performance measure outcome. Academy covers 140 acres in The Past Year Socorro, NM.

y

Conducted the 51st Annual Firefighters Training School.

Trained “Bomberos” (firefighters) from Ciudad Juarez, Mexico

Public Safet during the 51st Annual Fire School.

Sponsored and coordinated National Fire Academy field courses throughout the State. There are approximately 150 Adjunct Provided numerous FAAA-approved Aircraft Rescue Firefighting Instructors who exercise for various military and civilian airports under contract. teach at the Academy.

The Year to Come The Academy The Firefighter Training Academy requires additional adjunct instructors, expanded the campus instructors and coordinators. This growth factor is due to “Outreach "outreach efforts" to rural/outlying fire departments that have limited Program” available to funding resources to send their volunteer firefighters for training. career and Through an outreach training program, adjunct instructors can be trained volunteer in the field. Many training academies throughout the state are limited due firefighters in to standards regarding burns. Expansion would have to be taken into rural NM. consideration.

www.nmprc.state.nm.us 20 1-800-947-4722

New Mexico Public Regulation Commission Annual Report 2006

The PRC Pipeline Safety Bureau is located at: Bokum Building 142 W Palace Ave. Santa Fe, NM 87501

Staff Member Phone No. Division/Bureau Bruno Carrara 827-3772 Bureau Chief Eloisa Gutierrez 827-3549 Administrative Assistant Deana Trujillo 827-3731 Damage Prevention Specialist Lonnie Montoya 827-1898 Damage Prevention Specialist Paul Pierce 827-1401 Inspector Joe Johnson 827-3773 Inspector Isaac Lerma 827-3774 Inspector Dennis Segura 827-3516 Inspector Mike Smith 827-3513 Inspector

www.nmprc.state.nm.us 21 1-800-947-4722 New Mexico Public Regulation Commission Annual Report 2006

Pipeline Safety Bureau The PSB staff The Pipeline Safety Bureau (“PSB”) enforces Federal and State Pipeline of six inspectors is responsible Safety Regulations and Excavation Damage Prevention rules in order to for inspecting provide for the safety of the citizens of New Mexico. With the US nearly 18,000 Department of Transportation, the PSB is responsible for safety miles of compliance inspections and enforcing state and federal pipeline safety intrastate regulations on intrastate gas and hazardous liquid pipeline facilities. That pipelines. includes private and municipal gas distribution systems, master meter gas systems, LPG systems, transmission systems and jurisdictional Because of new federal and gathering lines. state safety mandates, the PSB’s budget has grown to Performance Measure nearly $1 M in FY 2006.

FY 2005 & 2006 Actual Comparison

9,000 8,342 8,000 7,000 6,592

6,000

The PSB

y 5,000 FY 2005 assumes the 4,000 3,520 FY 2006 3,053 function of 3,000 inspection of interstate as 2,000 well as Contact Hours Year Per Contact Public Safet 1,000 intrastate pipelines. 0 Training Contact Hours Inspection Contact Hours The Pipeline Safety Fund is not expected to The Past Year exceed$1.25 The PSB added two new inspector positions in fiscal year 2006 and now per year per has finally achieved an inspection cycle for master meters systems of New Mexico less than three years, which surpasses the standards cycle required by end user of natural gas. federal auditors.

The Year to Come The PSB will develop an Excavation Damage Prevention Law Violation tracking system in order to facilitate reporting of third party damages and to track compliance with enforcement actions.

www.nmprc.state.nm.us 22 1-800-947-4722 New Mexico Public Regulation Commission Annual Report 2006

Licensing & Form and Rate Filing The Division collects fees, reviews rates (property, casualty & health) & form filings submitted by authorized insurance companies to ensure compliance, collects fees and processes all company, agents, brokers, and adjusters certificates of authority, licenses, renewals, appointments, continuing education & testing, as well as maintain statutory deposits and ancillary receivership accounts.

Performance Measures Licensing performance measures impose specified timeframes to ensure speed-to-market services to the insurance industry. Unit: Form and Rate Filing Source: House Bill 2 Measure: 90% of filings processed within 90 days

Required Actual Collected Met

90% 100% $ 241,710 Yes

Unit: Agent’s Licensing Source: House Bill 2 Measure: 90% of applications filed within 180 days

Required Actual Met

Insurance 40% 40% Yes

The Agents Licensing unit processed approximately 292,000 licenses and applications within the last six months for New Mexico’s 59,000 agents.

The Past Year The Insurance Division continued to enhance and improve information systems with full utilization of the Insurance Division Electronic Automated Licensing (IDEAL) system, electronic archiving, and on-line filings to support Rate & Form Filing Reviews, improve speed-to-market, produce reports and develop online/e-commerce technology.

The Agent Licensing Bureau processed 292,000 filings in 6 months with a staff of 12!

www.nmprc.state.nm.us 23 1-800-947-4722 New Mexico Public Regulation Commission Annual Report 2006

Licensing & Form and Rate Filing Continued

Agents Licensing

Agent Licensing is charged with licensing insurance professionals to sell qualified insurance products to New Mexico residents. The bureau ensures that individual and insurance corporations are in good standing and in compliance with the New Mexico insurance statutes. The Bureau licenses and collects revenues for corporations, insurance agents, brokers, adjusters, surplus lines, bail bondsmen and continuing education. The bureau also collects revenues and processes applications for annual renewals and for new and renewed company appointments. Agent Licensing administers licensing examinations and approves viable Continuing Education courses. Insurance Insurance The Past Year

Under new management the Bureau established an automated phone system in August of 2006, the Bureau instituted on-line appointment terminations in March of 2006, and the Bureau instituted on-line appointment renewals and new appointments in April of 2006. These new systems have enabled the Bureau to now process applications within 48 hours of receipt. The Bureau currently licenses 48,129 agents and 3,350 corporations and partnerships.

Address Changes AGENT LICENSING Affiliations TRANSACTIONS PROCESSED New Appointments Appointment Renewals 902 460 Continuing Education 19,269 1,188 Class Increase 22,915 Letters of Certification 702 728 404 102 Letters of Clearance 1,912 4,223 43 License Renewals 98,344 5,023 Name Changes Part/Corp License Producers License Reprint License Solicitors License 410,830 Solicitors Renewal

www.nmprc.state.nm.us 24 1-800-947-4722 New Mexico Public Regulation Commission Annual Report 2006

Consumer Protection and Enforcement Continued

The Past Year The Year to Come The Insurance Division has taken steps to The Insurance Division will continue to restructure operations and establish an implement the inter-divisional Market inter-divisional Market Analysis, Analysis, Enforcement and Consumer Enforcement and Consumer Protection Protection Program by: (1) establishing a Program. Chief Market Analyst position to analyze the insurance market and coordinate enforcement The Managed Health Care Bureau activities; (2) developing a database to successfully implemented the amended coordinate the Consumer Relations Division Grievance Procedure Rule to provide and the Insurance Division complaint process, greater clarification in the processing of thereby enhancing reporting and support external grievances, provide compensation enforcement; (3) developing written for medical hearing officers and establish ex procedures to guide complaint handling and parte safeguards between hearing officers administrative investigations; (4) implementing and staff. a formal Request For Proposal process for the Examinations Bureau to enhance The Insurance Division has conducted a transparency; and (5) assisting the PRC in rule-making and issued a Health Insurance developing on-line technology for complaint

Insurance Insurance for Seniors Rule in response to changes submission and consumer information. These with the federal Medicare Modernization Act. steps will ensure better consumer protection, education and outreach. The Insurance Fraud Bureau hired a new paralegal in 2005 to assist prosecutors. In The Managed Health Care Bureau will revise addition, all of the Bureau’s investigators its Managed Health Care Rule to make became certified peace officers with powers credentialing consistent with the Medicaid of arrest and authorization to carry firearms, Program, provide greater guidance to address as a result of new law passed during the experimental or investigational coverage, and 2005 Legislative Session. reformat and clarify the prescription drugs rules. The Bureau will assist actuaries in The Insurance Division initiated a Title drafting rules to regulate Preferred Provider Insurance Task Force to address marketing Organizations under the Patient Protection practices between the real estate and title Act and Insurance Code. insurance industry.

The Insurance Division hosted The Examination Bureau has interns from China and India, expanded its work to regulators in their respective conduct a Mandated Benefits countries who came to study Study and Insurance Credit our methods of insurance Scoring Report as well as regulation. other studies.

www.nmprc.state.nm.us 26 1-800-947-4722 New Mexico Public Regulation Commission Annual Report 2006

Consumer Protection and Enforcement The Insurance The Division operates an inter-divisional Market Analysis, Enforcement and Division received Consumer Protection Program to monitor and analyze consumer complaints, the full five-year inquiries and industry trends to determine what level of enforcement should be accreditation from the taken, in the form of bulletins, rule-makings, enforcements, criminal fraud National prosecutions, investigations or examinations. Association of Insurance Performance Measures Commissioners; Managed Health Care Bureau a feat many Source: House Bill 2 other states do Measure A: Conduct a minimum of 52 consumer outreach presentations not accomplish! statewide. The Insurance Measure B: 90% of internal and external insurance related grievances within Division assisted 180 days. in drafting the Personal Credit Measure Required Actual Met Information Act A 52 93 Yes and issued

B 90% 93% Yes rules. This is the most comprehensive Workers Compensation Unit approach to Source: House Bill 2 regulate the use Measure: 60% outcome of reduction in employer accident frequency through of insurance credit scores by counseling, advice & training. insurance companies in

Required Actual Met the United

60% 68% Yes States.

Insurance The Title Insurance Examinations Bureau Bureau Source: House Bill 2 conducted 15 Measure: 90% adoption rate of domestic company examination reports within title plant 18 months. inspections Required Actual Met throughout New Mexico and 90% 100.0% Yes conducted 24 investigations. Fraud Bureau The Fraud Source: House Bill 2 Bureau Measure: 80% of complaints processed within 60 days. discovered that an Albuquerque realtor was Required Actual Met stealing over $1 80% 80% Yes million from clients to pay off home loans. He has pled guilty.

www.nmprc.state.nm.us 25 1-800-947-4722 New Mexico Public Regulation Commission Annual Report 2006

Financial Audit It is the duty of the Financial Audit Bureau to collect and audit fees, premium taxes and assessments, and prepare the Insurance Division’s budget.

The Past Year The Financial Audit Section has undergone a performance improvement initiative to train staff on the processing of credits and refunds. As part of the IDEAL system’s enhancement and improvement, the Section has worked with programmers to improve reporting functionality and accuracy.

The Insurance Division’s Budget Team has coordinated with the PRC’s Administrative Services Division, Department of Finance and Administration and the Legislative Finance Committee to establish the Insurance Operations Fund. This fund was designed to financially support insurance operations to accomplish operational restructuring, information technology and policy goals.

The Year to Come The Financial Audit Section will continue to enhance the IDEAL information system and adopt the Premium Tax Credit and Refund Rule. These steps will ensure that revenue processing and auditing can occur most efficiently to maximize revenues due the State of New Mexico. The Financial Audit Section will develop a Premium Tax Credit and Refund rule to clarify the processes for the insurance industry.

Insurance

www.nmprc.state.nm.us 27 1-800-947-4722 New Mexico Public Regulation Commission Annual Report 2006

The PRC Insurance Division is located at: PERA Building 1120 Paseo de Peralta Santa Fe, NM 87504

Staff Member Phone No. Division/Bureau

Morris Chavez 827-4297 Superintendent Celia Marquez 827-4297 Administrative assistant Ronny Lujan 827-4596 Deputy Superintendent Elizabeth Bustos 827-4675 Administrative Assistant Thomas Rushton 827-4309 Deputy Superintendent Rose A. Archuleta 827-1291 Administrative Assistant Alan Seeley 827-4307 Actuary Michael Batte 827-4625 Actuary Bernadette Trujillo 827-4336 Administrative Assistant Monica Ortiz 827-4580 Receptionist Linda Grisham 827-4646 Agent Licensing Bureau Chief Angelique Angel 827-4006 Agent Licensing Zeke Barela 827-3698 Agent Licensing Sally Chacon 827-4553 Agent Licensing Gloria Garcia 827-4541 Agent Licensing Edward Lucero 827-4349 Agent Licensing Lorinda Martinez 827-4554 Agent Licensing Sandra Martinez 827-4516 Agent Licensing Sandra P. Ramirez 827-4552 Agent Licensing Amanda Ramirez 827-1246 Agent Licensing Linda Vigil 827-4662 Agent Licensing

www.nmprc.state.nm.us 28 1-800-947-4722 New Mexico Public Regulation Commission Annual Report 2006

The PRC Insurance Division is located at: PERA Building 1120 Paseo de Peralta Santa Fe, NM 87504

Staff Member Phone No. Division/Bureau Concha Trujillo 827-4647 Company Licensing Bureau Chief Victoria Baca 827-3978 Company Licensing Doris Gomez 827-4547 Company Licensing Kika Pena 827-4524 Company Licensing Loretta Trujillo 827-4438 Company Licensing Aaron Feliciano 827-4655 Examinations Bureau Chief Darla Brewer 827-4780 Examinations Ashley Purdy 827-4390 Examinations Mary L Salazar 827-4486 Examinations

Raymond Valdez 827-4506 Financial Audit Bureau Chief Kacy Aiken 827-4071 Financial Audit Cedric Chavez 827-4075 Financial Audit Benjamin Montoya 476-0569 Fraud Phyllis Bowman 476-0564 Fraud Cathy Catanach 827-4570 Fraud Richard Farrelly 827-4437 Fraud Neil Fishback 476-0561 Fraud Leroy Garcia 476-0561 Fraud Andrew Herrera 476-0563 Fraud Franklin Lawrence 476-0567 Fraud Melissa Trujillo 476-0560 Fraud James Wilson 476-0565 Fraud Alice Garcia 827-4439 Investigations Gregg Gonzales 827-4436 Investigations

www.nmprc.state.nm.us 29 1-800-947-4722 New Mexico Public Regulation Commission Annual Report 2006

The PRC Insurance Division is located at: PERA Building 1120 Paseo de Peralta Santa Fe, NM 87504

Staff Member Phone No. Division/Bureau

Diana Bonal 827-4561 Life & Health Bureau Chief Ernesto Baca 827-4557 Life & Health Fred Couty 827-4545 Life & Health Doris Gurule 827-4555 Life & Health Stella Kelly 827-4594 Life & Health Arunod Kumar 827-4666 Life & Health Kenny Ortiz 827-4558 Life & Health Christine Serrano 827-4241 Life & Health Kim Scott 827-4468 Managed Health Care Bureau Chief Christine Olivas 827-3928 Managed Health Care

Kathi Padilla 827-3811 Managed Health Care Alice Pino 827-4651 Managed Health Care Charmaine Ruiz 827-1225 Managed Health Care Melinda Silver 827-6904 Managed Health Care Jennifer Sisneros 827-4428 Managed Health Care Sider Esquibel 476-0340 Property & Casualty Bureau Chief Marta Barela 827-4507 Property & Casualty Merlene Bowker 827-4444 Property & Casualty Brad Gardner 827-4391 Property & Casualty Katie Lucero 827-4580 Property & Casualty Lucille Montoya 827-4556 Property & Casualty Evelyn Padilla 827-4593 Property & Casualty Chuck Denton 827-4528 Title Bureau chief Martina Herrera 827-4381 Title Charlie Winters 827-4652 Workers Compensation

www.nmprc.state.nm.us 30 1-800-947-4722 New Mexico Public Regulation Commission Annual Report 2006

The Office of General Counsel advises and assists the Commissioners in rulemakings and adjudicated cases, researches and analyzes applicable law, writes proposed orders explaining and justifying Commission decisions and represents the Commission in federal and state courts.

Performance Measures The Office of General Counsel ensures that the Commission meets the statutory deadline for issuance of a final order in 100% of the cases subject to a statutory deadline. The Commission met the statutory General Counsel deadline for adopting a rule relating to access charge reform. The Commission has initiated a rulemaking to adopt rules for the regulation During fiscal of mid-size telecommunications carriers, subject to a statutory deadline year 2006 the of January 30, 2006. Commission

issued 349 The Past Year final orders. The Tenth Circuit Court of Appeals affirmed the Commission’s order determining rates for reciprocal compensation associated with Internet- bound telecommunications traffic and the New Mexico Supreme Court affirmed the Commission’s order finding that a loan did not require prior The Commission approval because it was payable in less than 18 months. Commission opened 289 The Office of General Counsel successfully defended the following Transportation Commission orders in the New Mexico Supreme Court: cases.

An order requiring Qwest to invest $788 million over the life of Qwest’s Alternative Form of Regulation plan; An order denying motions to intervene of two taxi carriers; A Commission order allowing PNM to recover from its customers in Rio Rancho the extra cost of underground electric projects located exclusively in Rio Rancho; and A Commission order deciding a dispute between the Dona Ana Mutual Domestic Water Consumers Association and Moongate Water Company. The The Year to Come Commission The Commission plans several rulemakings to improve Commission opened 166 functions and serve the industry it regulates as well as the public. Such Utility cases. rulemakings involve energy efficiency and integrated resource planning, notice requirements for rate increases by electric utilities, filing requirements for continued use of fuel adjustment clauses, and combining the Commission’s utility and transportation division procedural rules.

www.nmprc.state.nm.us 31 1-800-947-4722 New Mexico Public Regulation Commission Annual Report 2006

The PRC Office of General Counsel is located at: PERA Building 1120 Paseo de Peralta Santa Fe, NM 87504 Staff Member Phone No. Division/Bureau Carol Rising 827-4111 Chief General Counsel Margaret Caffey-Moquin 476-0455 General Counsel Allen Ferguson 827-6074 General Counsel Timothy Holloran 827-6972 General Counsel Bob Hirasuna 827-4477 General Counsel Jack Clough 827-1209 General Counsel/Insurance Alice Lucero 827-6947 Paralegal Cecilia Rios 827-4501 Paralegal

The PRC Hearing Examiners are located at: Marian Hall 224 East Palace Avenue Santa Fe, NM 87501

Staff Member Phone No. Division/Bureau Lyn Hebert 827-6964 Hearing Examiner Bill Herrmann 827-6926 Hearing Examiner Lee Huffman 827-6955 Hearing Examiner Elizabeth Hurst 827-4295 Hearing Examiner Jim Martin 827-6922 Hearing Examiner Anthony Medeiros 827-6961 Hearing Examiner Elizabeth Saiz 827-6956 Law Clerk

www.nmprc.state.nm.us 33 1-800-947-4722 New Mexico Public Regulation Commission Annual Report 2006

The Chief Hearing Examiner is appointed by and reports to the Commissioners. Hearing Examiners set hearings and conferences; establish procedures and details for the conduct of proceedings; ensure that a full and adequate record is established, make rulings on procedural and evidentiary matters; conduct hearings; admit evidence into the record; analyze evidence, briefs and applicable laws, rules and orders; and certify stipulations negotiated by parties to the Commission, including findings of fact, conclusions of law and ordering paragraphs.

The Past Year

In the past year Hearing Examiners have presided over a number of noteworthy cases on behalf of the Commission, including: the development of the Renewable Energy Reasonable Cost Threshold; the Renewable Energy Plans for Public Service Company of New Mexico (PNM),El Paso Electric Company (EPE) and Southwestern Public Service (SPS); a fuel surcharge for the Warehousemen Association; in the first case of its kind determined the appropriate rate for PNM to charge for under-grounding electric lines; the assessment of $2 million administration fine against Qwest for its failure to file interconnection agreements;

Examiners the Unbundled Network Elements cost docket for Qwest and Valor; completion of Reciprocal g Compensation Complaint following successful decisions in Federal District Court and the Court of Appeals; developed for the first time a server wastewater rate for a new MBR

Hearin technology; the Acquisition of -New Mexico Power Company by Public Service Company of New Mexico; and the Implementation and Enforcement of Qwest’s $788 million Investment Commitment under its Alternative Form of Regulation Plan (AFOR).

The Year to Come

The Hearing Examiners will diligently preside over all cases assigned to them by the Commission. The Hearing Examiners expect that these cases will include the development of an Integrated Resource Plan for electric and gas utilities and guidelines for energy efficiency programs for these utilities. In addition, the annual approval of renewable energy plans for PNM, SPS and EPE must be completed.

The Hearing Examiners Hearing Examiners issue utilize Alternative Dispute Recommended Decisions to Resolution Techniques by enable the Commission to acting as mediators. meet statutory deadlines 100% of the time.

www.nmprc.state.nm.us 32 1-800-947-4722 New Mexico Public Regulation Commission Annual Report 2006

The Public Information Office strives to fulfill the goals and mission of promoting a positive

awareness of the Public Regulation Commission and its divisions and agencies, and to

provide a liaison between the Commission, the PRC divisions and Staff, and the media.

The New Mexico Public Regulation Commission sought and received legislative approval r in Fiscal Year ‘06 to establish a budget and implement a Public Information Office for the PRC. With the PIO, commissioners are informed of media inquiries beyond those of a very general nature, and the PIO serves to answer media questions and provide media information about the Commission and the PRC divisions and bureaus.

The PRC Public Information Office focuses on a proactive process for providing information to the public and media about the PRC. The PIO has accomplished this by:

• Press releases about Commission actions, district constituency meetings, rule Public Information PublicOffice Information making, and public hearings disseminated to all New Mexico print, TV and radio media, and media located in Texas serving New Mexico

• Posting releases, helping to maintain information on the PRC website

• Scheduling of radio interviews for Commissioners

• Scheduling of TV program appearances for Commissioners

• Assisting with media marketing for public comment hearings on important issues such as the Mid Size Telecom Carrier Rules; Transportation Rules; Area Code relief planning; Fire Code Revisions

• Assisting media in obtaining requested information

The Public Information Officer is located at: PERA Building 1120 Paseo de Peralta Santa Fe, New Mexico 87504

Staff Member Phone No. Division/Bureau Doris Cherry 827-4446 Public Information Officer

www.nmprc.state.nm.us 34 1-800-947-4722 New Mexico Public Regulation Commission Annual Report 2006

Mission Statement

The Legal Division protects the public interest by providing a guarantee of integrity in a dual sense. First, it advises and vigorously advocates on The function of Legal behalf of Staff, ensuring that all issues are explored, cases are fully Division is developed and fairly heard, and a substantial record established to serve representation of the as the basis for Commission and Insurance Superintendent decisions. Utility Division staff Second, the Legal Division acts as a conscience for the agency, expert witnesses, assuring that the due process rights of the public and the parties are advocating their respected, and that agency positions, policies and practices are public interest compliant with all legal requirements.

positions and Le

recommendations. g Lawyers develop competence and experience in cases involving electric, al gas, water, wastewater, telecommunications entities, corporations, transportation, pipeline safety and insurance matters and represents the Fire Marshal’s Office.

Every lawyer has a special expertise in a particular area of practice. However, the Division employs interdisciplinary training and case assignment, within and across both bureaus, so that each lawyer has the opportunity to develop competence and experience in various subject matter areas. As needed, individuals also assist the agency in legislative Members of the and administrative matters. Legal Division assist the Consumer The strength of the Legal Division is best measured by the depth and Relations Division degree of its accumulated wisdom. Staff attorneys average 17 years of (“CRD”) staff in government/regulatory experience, and 23 years in the overall practice interpretation and of law. This is especially important, as the Division must litigate against enforcement of large, multi-state corporations and outside law firms. consumer-oriented rules applicable to The Past Year telecommunications For the first time in three years, the Legal Division is fully staffed at the carriers and other attorney level. This is essential, as the Division engages in litigation Commission against sophisticated in-house counsel as well as the largest and most regulated utilities, prestigious firms in the state and out of state, who represent the and represent the industries regulated by the Commission. CRD staff in appeals of CRD The Year to Come determinations of The Division is upgrading its vacant position to provide more expert slamming and research and trial preparation by support staff. The Division will continue cramming to pursue continuing education at the national level to remain abreast of complaints. economic, technological and legal developments, particularly in the rapidly evolving sectors of telecommunications and alternative energy.

www.nmprc.state.nm.us 35 1-800-947-4722 New Mexico Public Regulation Commission Annual Report 2006

The PRC Legal Division is Located At:

Marian Hall PERA Building 224 East Palace Avenue and 1120 Paseo de Peralta Santa Fe, NM 87501 Santa Fe, NM 87504

Staff Member Phone No. Division/Bureau

Roy Stephenson 827-6908 Director Cydney Beadles 827-6905 Marian Hall Peggy Bowen 827-6023 Marian Hall Pam Castaneda 827-7858 Legal Assistant-Marian Joan Ellis 827-4579 Marian Hall Dahl Harris 827-6981 Marian Hall Jane Yee 827-6980 Marian Hall Carmella Apodaca 827-6969 Legal Assistant-Marian/PERA Cynthia Archuleta 827-4818 Legal Assistant-PERA David Baca 827-4048 PERA Nancy Burns 827-4588 PERA Avelino Gutierrez 827-4565 PERA Karen Risku 827-4566 PERA

www.nmprc.state.nm.us 36 1-800-947-4722 New Mexico Public Regulation Commission Annual Report 2006

The Administrative Services Division (ASD) provides support services to the programs and divisions of the agency. Those services include general, financial and human capital management, capital assets oversight, records ASD is management, corporations, and information systems. ASD is composed of composed of 52 fulltime five bureaus: Human Resources; Budget and Finance; Records Management; employees. Information Systems and Corporations.

The “The mission of the Administrative Services Division is to provide and Director of deliver guidance, information and expertise in the areas of administrative ASD also serves as support to all divisions of the Commission and corporate consumers in an the Chief efficient and positive manner to ensure that the Commission meets statutory, Clerk for PRC regulatory and internal administrative requirements.” Corporations by State Statute. The Budget and Finance Bureau (BFB) functions to facilitate the agency’s fiduciary responsibility and is accountable for maintaining the business function of the PRC. In FY 05, for the third consecutive year, the Budget and Finance Bureau earned the highest rated external audit - an unqualified opinion. Additionally, the Commission was recognized by the Department of Finance Administration for adhering and complying with various financial requirements.

The PRC sends and The Human Resources Bureau (HRB) aggressively processed a Administrative Services variety of transactions needed to implement the SHARE system while also receives more than conducting employee training for managers and staff, and ensuring timely and 600,000 accurate payroll. The Bureau was able to aptly assist agency managers in pieces of the advertising and hiring of personnel which significantly reduced the mail agency’s vacancy rate from 14 percent at the beginning of the fiscal year annually. down to eight percent at the conclusion of the fiscal year.

The PRC The Information Systems Bureau (ISB) facilitates technical averages 220,000 infrastructure management and end-user support in order to assist in reproduced accomplishing the mission of the PRC. The ISB supports the network documents a infrastructure including application(s) support, end users support and training, month or and maintains a high-level of security assuring PRC data integrity. ISB was 2,640,000 instrumental during the past fiscal period in redeveloping the agency website, per year. which is now user friendly while providing interactive information for New Mexico consumers.

www.nmprc.state.nm.us 37 1-800-947-4722 New Mexico Public Regulation Commission Annual Report 2006

The Budget and Finance Bureau (BFB) functions to facilitate the agency’s fiduciary responsibility and is accountable for maintaining the business operation function for the PRC. The BFB participated in the Performance Measure implementation of The Commission obtained an unqualified opinion on its audit report for the SHARE Project during the year ended June 30, 2005 which met the performance target. FY06 while maintaining The Past Year continuous fiscal This was the third straight year that the Commission was a recipient of operations. the “Responsibility for Accounting Function” certificate awarded by the Department of Finance and Administration (DFA) – Financial Control Division – State Controller’s Office. The Commission met the The HRB also requirements as set forth in the New Mexico Administrative Code 2.20.5. participated with the SHARE ASD staff worked extremely hard during the past fiscal year to ensure Project while that the PRC was ready for the implementation of the new statewide assisting to accounting and human resource system (SHARE). reduce the agency vacancy The Year to Come rate from 23% at The Budget and Finance Bureau plans to work with ITB to add the beginning of enhancements to internal systems that would interface with SHARE in fiscal year 2006 order to expedite processing of revenue. Additionally, the Commission is down to 15% at looking at developing systems that would allow for online application, the end of the registration and payment acceptance. fiscal year.

Fiscal Year 06 Actual Expenditures (Percent of Total Budget) Policy & The PRC collects Patients' Regulation and redistributes Compensation 24% over $200 million Fund

33% per year to other A state agencies dministrative Services Public Safety and the general 13% fund. In other Insurance Program words the PRC Operations Support utilizes 16% of all 20% 10% revenues collected by this agency.

www.nmprc.state.nm.us 39 1-800-947-4722 New Mexico Public Regulation Commission Annual Report 2006

The Records Management Bureau (RMB) is responsible for retaining and safeguarding all original case files produced by the various component units of the Commission. The bureau also is responsible for

reproducing these documents and performs the archival process. The Corporations

Bureau became The Corporations Bureau (Corps) became fully staffed by the end of fully staffed during the fiscal year and is making significant progress towards meeting its fiscal year 2006. performance targets for the upcoming fiscal year. Throughout most of This was the first the fiscal year 2006 the bureau had significant vacancies, thus straining time since the its ability to fully meet its measures with regards to making advances into inception of the a backlog of prior year’s records while maintaining daily service level agency that the output. bureau had a full

complement of The Year to Come authorized

employees. This Corporations Bureau Advisory Committee has led the bureau The Commission enacted enabling language in May 2006 to create the to increase its Corporations Bureau Advisory Committee. The purpose of this group will efficiency to be to formulate, receive, analyze, deliberate, and recommend changes to customers. the Commission regarding business practices, rules, and statutes

pertaining to the Corporations Bureau.

SHARE Project Agency Enhancement The bureau plans to The implementation of the SHARE Project began in fiscal year 2007. incorporate e- Administrative Services Division is looking to further automate some of commerce into the agency’s website to the current manual processes involving the recording of payments allow customers the received by the Commission and its subcomponents. The process of ability to file and pay linking and uploading this data from the existing systems into SHARE will utilizing the Internet. enhance operations by eliminating dual entry.

Corporations Bureau Electronic Payment Acceptance With the advent of electronic banking and the increasing number of state The Records Management Bureau agencies who are accepting electronic payments, either by direct online is responsible for the banking or credit card, the Corporations Bureau will increase its safeguarding and accessibility and enhance its business processes to be more customer keeping of all agency friendly. Payments would be guaranteed thus eliminating the chance for records and lost or insufficient funds checks coming into the Bureau. documents which are

Administrative Services used in a variety of Website Development legal actions. The Commission continues to develop and enhance its website to be user friendly and used as a tool for information to consumers. The Commission has contracted with the University of New Mexico to provide the modifications for this endeavor.

www.nmprc.state.nm.us 38 1-800-947-4722 New Mexico Public Regulations Commission Annual Report 2006

The PRC Administrative Services Division is located at: PERA Building Marian Hall 1120 Paseo de Peralta 224 East Palace Avenue Santa Fe, New Mexico 87504 Santa Fe, New Mexico 87501

Staff Member Phone No. Division/Bureau

Vince Lithgow 827-4084 Director/Chief Clerk Jessalyn Eaton 827-4084 Administrative Assistant Paul Lucero 476-0271 Mail Room Eloy Salazar 827-4583 Print Shop Anthony Garcia 827-4042 Chief Financial Officer Ron Andermann 476-0470 Budget & Finance Donald Martinez 827-4036 Budget & Finance Tina Roybal 827-4569 Budget & Finance Raymond Valdez 827-4396 Budget & Finance Hughanne Maxwell-Loux 827-4643 Human Resources Bureau Chief Antoinette Jiron 827-4360 Human Resources Elmer Lucero 827-4324 Human Resources Gabriel Cisneros 827-6983 IT Bureau Chief Karon Deaguero 476-0300 Information Technology Darlene Gonzales 827-6979 Information Technology Wally Haynes 827-4431 Information Technology Larry Padilla 827-6539 Information Technology Darla Purdy 827-4530 Information Technology Daniel Smith 827-6945 Information Technology Ronald Montoya 827-6970 Records Bureau Chief/MH Shawntae Barela 827-6923 Records/MH Erica Chambers 827-4503 Records Bettie Cordova 827-4526 Records Nick Guillen 827-4366 Records Natasha Herrera 827-6924 Records/MH Margaret Martinez 827-3890 Records/MH Mariano Romero 827-4368 Records/MH Melanie Sandoval 827-6968 Records/MH Marjorie Webster 827-6943 Records/MH

www.nmprc.state.nm.us 40 1-800-947-4722 New Mexico Public Regulation Commission Annual Report 2006

Data from ASD

The Past Year filing.

Number of Total Filings in Corporations Bureau

125,000

100,000

75,000

50,000 FY2005 FY2006 25,000

- Foreign Domestic Foreign Domestic Foreign Domestic Limited Limited Non- Non- Profit Profit Liability Liability Profit Profit

Corporations

www.nmprc.state.nm.us 29 1-800-947-4722 New Mexico Public Regulation Commission Annual Report 2006

The PRC Corporations Bureau is located at: PERA Building 1120 Paseo de Peralta Santa Fe, New Mexico 87504

Staff Member Phone No. Division/Bureau

Ann Echols 827-4559 Corporations Bureau Chief Robert Anaya 827-4508 Corporations Roland Atencio 827-4511 Corporations Kathy Brennand 827-4513 Corporations Clarita Carter 827-4671 Corporations Javin Coriz 827-4513 Corporations Ronnie Duran 827-4668 Corporations Denise Gallegos 827-4511 Corporations Viara Ianakeiva 827-4513 Corporations Robbie Lambert 827-4567 Corporations William Lewis 827-4511 Corporations Wesley Leyba 827-4502 Corporations Tillie Martinez 827-4510 Corporations Alice Montoya 827-4510 Corporations Gwen Orona 827-4511 Corporations Annette Prada 827-4659 Corporations Ryan Roybal 827-4511 Corporations Arthie Shuman 827-4510 Corporations Destinee Tran 827-4638 Corporations Rosemary Trujillo 827-4511 Corporations

www.nmprc.state.nm.us 41 1-800-947-4722 The cover design by Rudy Padilla of the State Fire Marshal Office. The Annual Report was produced by PRC staff.

**Telephone numbers current as of November 2006