Filed Supreme Court of New Mexico 1/29/2020 3:20 PM Office of the Clerk
1 IN THE SUPREME COURT OF THE STATE OF NEW MEXICO
2 January 29, 2020
3 NO. S-1-SC-38041
4 STATE OF NEW MEXICO, ex rel., 5 Representative BRIAN EGOLF, 6 Senator JACOB CANDELARIA, 7 Senator MIMI STEWART, 8 Representative NATHAN SMALL, 9 Governor MICHELLE LUJAN GRISHAM, 10 and Navajo Nation President, 11 JONATHAN NEZ,
12 Petitioners,
13 v.
14 NEW MEXICO PUBLIC REGULATION COMMISSION, 15 Commissioner VALERIE ESPINOZA, Commissioner 16 JEFFERSON L. BYRD, Commissioner CYNTHIA B. 17 HALL, Commissioner THERESA BECENTI-AGUILAR, 18 and Commissioner STEPHEN FISCHMANN,
19 Respondents,
20 and
21 PUBLIC SERVICE COMPANY OF NEW MEXICO,
22 Intervener-Real Party in Interest.
23
24 WRIT OF MANDAMUS
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TO: New Mexico Public Regulation Commission Commissioner Valerie Espinoza Commissioner Jefferson L. Byrd Commissioner Cynthia B. Hall Commissioner Theresa Becenti-Aguilar
Commissioner Stephen Fischmann 1
2 GREETINGS:
3 WHEREAS, a petition for writ of mandamus having been granted by this
4 Court on January 29, 2020, and the Court being sufficiently informed and good
5 cause appearing for the issuance of a writ of mandamus;
6 NOW, THEREFORE, you, New Mexico Public Regulation Commission,
7 Commissioner Valerie Espinoza, Commissioner Jefferson L. Byrd, Commissioner
8 Cynthia B. Hall, Commissioner Theresa Becenti-Aguilar, and Commissioner
9 Stephen Fischmann, are ordered to apply the Energy Transition Act, 2019 N.M.
10 Laws, ch. 65, to the proceedings for the Public Service Company of New Mexico’s
11 proposed abandonment, financing, and replacement of units one and four of the
12 San Juan Generating Station; and
13 YOU ARE FURTHER ORDERED to vacate any provisions in prior orders
14 issued by the Commission in Case Nos. 19-00018-UT and 19-00195-UT, including
15 any provisions in the Commission’s orders dated January 10, 2019, and January
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1 30, 2019, that are inconsistent with the order of this Court.
2 IT IS SO ORDERED.
WITNESS, the Honorable Barbara J. Vigil, Acting Chief Justice of the Supreme Court of the State of New Mexico, and the seal of said Court this 29th day of January, 2020.
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