Filed Supreme Court of 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 , 6 Senator JACOB CANDELARIA, 7 Senator , 8 Representative NATHAN SMALL, 9 Governor , 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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