Minutes of the Regular Open Meeting New Mexico Public Regulation Commission

MINUTES OF THE REGULAR OPEN MEETING NEW MEXICO PUBLIC REGULATION COMMISSION

April 15, 2020

TIME: 9:30 a. m. PLACE: Virtual Meeting through Zoom Platform

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 Commissioner Cynthia B. Hall, District 1

Members Absent: None

Staff Present: Jason Montoya, Chief of Staff Brad Borman, Legal Division Director Ryan Jimenez, Consumer Relations Division Director Jim Williamson, ASD Division Director Carolyn Glick, Hearing Examiner

General Counsel Present: Michael Smith, Acting General Counsel Judith Amer, Associate General Counsel Russell Fisk, Associate General Counsel

Others Present Carl Boaz, Stenographer

CALL TO ORDER

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.

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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

II. INTRODUCTION OF SPECIAL GUESTS

There were no introductions.

III. CONSIDERATION AND APPROVAL OF THE AGENDA

The Energy Transition Act discussion under Discussion and Potential Action (IX-6) was removed from the agenda.

Commissioner Espinoza moved, seconded by Commissioner Hall to approve the agenda as amended.

The motion was approved on a unanimous 5-0 roll call vote with Commissioner Fischmann, Commissioner Byrd, Commissioner Hall, Commissioner Espinoza, and Commissioner Becenti-Aguilar voting in the affirmative and none voting against.

IV. PUBLIC COMMENT

None.

III. CONSIDERATION AND APPROVAL OF THE AGENDA (Revised)

Mr. Fisk asked to remove case 19-001 81-UT AV Water under #5. He is waiting for a response to a bench request and will put the item on next week’s agenda.

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Commissioner Espinoza moved to approve the agenda as amended with the removal to next week of the AV Water case (and the ETA removal). Commissioner Fischmann seconded the motion.

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. CONSIDERATION AND APPROVAL OF PRIOR MEETING MINUTES (Revised) • Minutes of March 11, 2020 Open Meeting

Commissioner Espinoza moved to approve the Minutes of March 11, 2020 as presented, seconded by Commissioner Hall.

VI. DIVISION DIRECTOR REPORTS • Jason Montoya, Chief of Staff & Transportation Division

Mr. Montoya said, given the epidemic, Staff has been able to continue business and deal with the constant crisis. They proceeded with the hiring process and it is included in the FY 20 budget projection. The agency is currently down to around 16% vacancy rate, including 13 positions either advertised or in the interview process.

Transportation Division staff members have reported they are doing well and there are no safety or health issues. They meet once a week through teleconferences and Legal and Transportation meet on a recurring basis via Zoom to meet all of the deadlines without a delay. They continue to receive E-Forms for insurance and things are working fine.

They are working on the ability to print, sign, scan and email documents that has been a concern for Staff and across the agency. They have approval now to access the building as needed to do large printing projects.

They have been unable to do annual ambulance inspections as required by the new meet statute. Once the public health order is rescinded, they will be busy conducting field inspections. On the agenda is a presentation by Ms. Amer on a waiver with the industry to address concerns resulting from the virus.

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The Pipeline Safety Division inspections are being conducted remotely. Pipeline Operators were asked to submit their operation maintenance plans and procedures. They are able to communicate via conference calls as well.

Commissioner Byrd asked Mr. Montoya if there was a way around having to notarize documents. There is an issue with the Transportation Division getting documents notarized.

Mr. Montoya suggested forwarding the phone calls directly to him. He could set up a time for notaries in the office to provide service. Staff will work with anyone who needs a notary if they inform the office when submitting documents.

Chair Becenti-Aguilar asked that presenters keep presentations to their top 4 issues.

• John Reynolds, Utilities Division

Mr. Reynolds expressed appreciation for the ability to communicate with Mr. Montoya and Mr. Williamson. All employees are safe and healthy, however there is an increasing amount of harassing emails from a former employee directed to Staff. He has addressed those issues in an open and transparent manner.

Staff meetings take place Tuesday afternoons to discuss the agenda for the next day and review open cases and advice notices. In some ways using Zoom has led to more predictable communication and in that sense has been positive. Staff who were commuting are pleased with tele-communicating and much of their work lends itself to telework. On the flipside, some issues are more difficult and challenging. It is taking him longer than expected to fill positions.

Regarding the testimony in cases, they had two cases in March, a fuel cause case and a financing case and 5 advice notices filed and 7 processed in March. There are 4 active cases, in Telecom regarding CenturyLink, 2 water cases, a New Mexico Gas case, and a PNM financing case. They have formal complaints on PNM, SPS has a formal rate case and an RPS case that are both winding down, and there is one complaint related to SPS.

The March EPE issues are the merger or merger acquisition, a long-term PPA case, Newman Six case, New Mexico State CCN. An RPS 2020/2021 case was just filed, an expansion of a previously approved independent developer, and coop complaints, and advice notices where protests are being reviewed.

They have a number of rulemaking’s which take significant time and are a challenge under the current circumstance. Under review is the Renewable Energy rules; the

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Telecom State Rural Universal Service Fund rule; the Energy Efficiency Rule, and the proposed new Procurement rule.

For the future they have the July 1st report, PNM is expected to file its energy efficiency 3-year plan today and a rate case in the second quarter. The PNM IRP might be extended for six months; the SPS IRP is about to get underway; the EP rate case will be filed in June, and then two more RPS cases. And the Electric Vehicle Infrastructure Plan required by statute will be at the end of the year.

Mr. Reynolds stood for questions.

Commissioner Byrd asked who they are using as outside consultants, and how that is doing while they work from home.

Mr. Reynolds reported they have worked with consultants on the SPS rate case, including a cost of service consultant who helped them with return on equity issues. Most, or all of that was prior to the stay at home order so he didn’t know how that will work in the future. He hopes to use a consultant in the PNM rate case that has not been filed yet.

Commissioner Byrd confirmed the consultants used were approved.

Commissioner Fischmann asked if Mr. Reynolds could have the report for July 1 ready a month early so Commissioners could review.

Mr. Reynolds said the report was discussed recently with the IOUs and among Staff and Legal Division in the Chief of Staff’s office. Commissioner Fischmann’s request is an element of the timeline he proposed, but a month is more time than what he proposed. Staff would like to receive reports from IOUs by May 22 to get a consolidated report. They will get that to Commissioners for discussion mid-June and on June 24 for a vote.

Commissioner Espinoza said she was puzzled. That was the first time hearing those dates and the item was removed from the agenda today. She thought last week the Commission agreed to request a postponement from the Legislature.

Mr. Reynolds replied that had been discussed. He hoped to present the report today and discuss what the statute requires. He wanted to continue the discussion on what to do about the report due in July. The timeline he mentioned was discussed with Utilities and the group because he was not certain Utilities could provide reports by the July deadline.

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Commissioner Espinoza noted the item was removed from the agenda and they are still discussing it. The Commission had agreed last week to request an extension from the Legislature. She wondered how and why the Commission didn’t know.

Commissioner Fischmann said the Commission talked about 2 possibilities last week: to postpone or to submit a brief report. He agreed this could be discussed next week if Commissioner Espinoza preferred. Mr. Reynolds bring them a recommendation on how he thought they should proceed.

Mr. Reynolds was happy to do that.

Commissioner Fischmann asked if Commissioner Espinoza agreed with Mr. Reynolds making a recommendation next week whether to submit a report to the legislature or postpone the report.

Commissioner Espinoza pointed out that dismissed their discussion last week and the unanimous consent that the report should be postponed.

Commissioner Fischmann recalled a different decision.

Chair Becenti-Aguilar recalled they suggested the report to the legislature be postponed for 18 months. The Chief of Staff had recommended for one year and make the report due in July 2021. She asked Mr. Smith if that was correct, for the record.

Mr. Smith understood they discussed and took no action and the issue was to be addressed this week and hear from staff. He did not put this on today’s agenda as an action item. They need to contact the legislature if the decision is to postpone until 2021 to ensure the legislature agrees with submitting the report later.

Mr. Montoya explained he withdrew the report from the agenda to work out issues prior to bringing to the Commission. He recommended Staff collect reports from IOUs and stakeholder groups involved and prepare something for the Commission. The timeline they may need could be 3, 6 or 12 months, up to a year.

He thought the July 1 deadline was in jeopardy with the COVID 19 and Staff could return with a more accurate timeline once they get information from the stakeholders. They can work then with OGC on a letter to submit to the Legislative Service Council.

Commissioner Fischmann said it would be great if Mr. Montoya could recommend next week, how to proceed.

Commissioner Espinoza pointed out that was just based on one person’s input. The Commission shouldn’t be discussing this because it was removed from the agenda.

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Chair Becenti-Aguilar indicated there was a question and a recommendation from one Commissioner. General Counsel stated this can be on the agenda for discussion and a vote once Mr. Reynolds recommends a deadline for the report.

Commissioner Espinoza agreed.

Chair Becenti-Aguilar suggested Mr. Reynolds consider a timeline to have on the agenda April 29 for a vote on submitting the report to the legislature.

• Ryan Jimenez, Consumers Relations Division

Mr. Jimenez reported Staff and families are doing well. The CRD has received 43 complaints via email, 33 have been resolved and 10 are pending resolution. CRD received 13 complaints from Commissioners offices and all have been resolved. CRD received 8-15 telephone calls per day, per member. The phone calls are forwarded to Staff cell phones and they check office messages daily. They received one IPRA request that has concluded. Staff meets twice a week via teleconference and more often if needed. The total consumer costs are $4,438.38 recovered since March 13.

Chair Becenti-Aguilar said she wanted to let Mr. Jimenez know that people from counties often submit a complaint against their local utility company, such as the City of Gallup. She usually asks her assistant to forward those to him and she wondered if he had a template to refer callers to the proper office when calling to complain about a City, such as Gallup.

Mr. Jimenez replied he does. Staff is not privy to account information or have any authority, but they do look up the numbers for Utility Division Directors of the person’s local utilities. Staff also provides callers with information to their local city attorney’s office or city manager or anyone that could be of assistance.

Chair Becenti Aguilar said she appreciated Mr. Jimenez’s leadership. She thanked him and his staff for doing a great job.

• Brad Borman, Legal Division

Mr. Borman, Director of the Legal Division, said they initiated weekly check-ins several weeks ago. The meetings involve updates on employee health status and issues the team was dealing with. They met yesterday and he was pleased to report everyone is healthy. They have stayed busy due to workload of their primary clients, the Utilities and Transportation Divisions.

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Staff prepared numerous pleadings, testimonies and proceedings. They are also working on matters that include several pending and anticipated rulemakings. Working remotely has been a challenge in some respects. Printing is an issue for many of the Staff; many of the filings include lengthy attachments which are easier to pull together when printed. Also, many attorneys are more comfortable when working from printed documents. Most of the Staff do not have the ability to do significant printing at home, which adds time to preparing and reviewing documents.

Also, an issue is that staff is not clear how hearings will be held because many proceedings require a hearing. They discussed that with the HEs, and the consensus seems to be it may be possible to do remote hearings, such as this, in some cases. However, that may not be possible in all cases. It would work when parties are limited, the issues are not highly contested and there are no confidential documents. More controversial cases, like the recent PNM abandonment and replacement resources cases, would be problematic to do remotely.

These are the current issues of Staff and some may not be serious if the pandemic passes quickly, but if not, they will need to deal with them.

Mr. Borman noted that one positive is the popularity of the electronic filing process implemented. Many parties indicated they hope the process continues after the pandemic so he hopes the process can be utilized afterward.

Chair Becenti-Aguilar asked Mr. Montoya to make note of Mr. Borman’s report on the issues with printing/scanning documents. She asked Staff to work closely with IT and determine how best to conduct video conferencing for public hearings and the more intense cases.

Mr. Montoya indicated he also communicated with Chief Hearing Examiner Schannauer on the schedule and upcoming hearings. There is a hearing Commissioner Byrd brought up that may have been rescheduled and he is following up. He will report back on the resolution to the Division Directors and Commissioners.

Commissioner Fischmann agreed if they could continue electronic filing it would be great. Also, he was wondering on the harassing emails mentioned whether criminal harassment charges should be considered. He asked that be a topic for consideration.

Chair Becenti-Aguilar noted the personnel issue was removed from the agenda by the Chief of Staff. Those issues should be channeled through the Office of the Chief of Staff, not the Commission.

• John Kondratick, State Fire Marshal Division

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Mr. Kondratick reported the Fire Marshal’s Office has been able to continue operations to limit contact with the public. They implemented new final construction project inspections and priority fire investigations should go forward. All other types of inspections have been canceled or rescheduled. All Staff is healthy and safe although one employee was experiencing symptoms but tested negative for COVID and has since recovered.

All Staff are teleworking, and their completed tasks are emailed daily to their supervisors. Supervisors also contact their staff by phone about their welfare every day or every other day. Staff is completing backlogged reports and conducting plan reviews. He tried to conduct more online training and some employees were able to participate. They also conducted hiring interviews last week and hiring packets were forwarded to HR. They are hiring one inspector position and two investigator positions. They also hired an instructor who will start at the academy May 4,2020.

In regard to COVID 19, the Fire Marshal’s Office provided data collection support to the Department of Homeland Security. DHS requested information on ambulances available in the fire service and help on PPE (Personal Protective Equipment) inventory distributed to fire departments.

The Codes Division is currently conducting fire code inspections at field hospitals throughout the State. Two inspectors are conducting a fire inspection today of the high school gym in Gallup which will be converted to a field hospital.

Mr. Kondratick reported that the Codes Division Bureau has also been working diligently on the damper rules, which should be presented shortly.

Commissioner Espinoza thanked Mr. Kondratick for his report and those he sends by email and for the masks he contributed to the employees. She said the Commission will need to start looking for a place to move, or not. She wondered if Homeland had discussed a move with him and if their location has room for his division.

Mr. Kondratick said he has been working with Mr. Montoya on that. He had a preliminary contact with Homeland Security but a final decision on relocation has not been determined.

Commissioner Espinoza thought it helpful to know because they need to determine whether to include the Fire Marshal, or not.

Mr. Kondratick replied he had a phone conference planned with Secretary Hamilton this week and may have more information next week.

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• Jim Williamson, Administrative Services Division

Mr. Williamson reported all ASD employees and family are healthy and safe. They meet as needed via email, Zoom, conference and phone calls at least weekly. They distribute mail every week on Tuesdays and the agency phone is answered and routed to the correct departments. Masks and gloves were distributed to all interested Staff.

On the financial side, they are doing a lot of Utility and carrier filings and ensuring the checks are deposited promptly. The fourth quarter Fire Protection Fund distribution was sent; deposits are maintained on a normal schedule, and all accounting and operating transfers. HR processes are being performed as required, the job interviews, hiring and the General Ledger Division analyst position starts next week. Records has processed about 482 filings in cases processing IPRAs. IT secured 17 new laptops from DOIT at no cost to the agency and those will be distributed.

Upcoming issues: the Operating Budget for FY 2021 is due May 1 and is being worked on by the budget director. They are also processing BARs and switching from land lines to agency cell phones and P Cards. The limitations, as previously mentioned, are issues with printers and scanners and they are ordering more as able. There are supply chain disruptions in deliveries. They are expanding the individual connections to the Internet, VPN, and working with DOIT since the agency is currently maxed out.

Commissioner Espinoza said she recognizes that he is a jack of all trades. The travel process accountability has improved dramatically as has everything he has been working on. He mentioned land lines. There are a lot of land lines within the agency that no longer work or have just been sitting for years. She suggested he work with IT to get rid of the dead/unused lines and cell phones not used to cut cost costs. Possibly they could be disconnected or removed. She asked if the 1-800 number was being answered.

Mr. Williamson replied Jason Garcia answers the 800 number. They are thinking of replacing some land lines with an agency cell phone. Cost is budget neutral at an increase of $4 a month per line and employees would be accessible wherever they are. Currently however, all of those lines are utilized.

Commissioner Espinoza thanked Mr. Williamson. She mentioned they did not have an ASD Director for a while and she asked him to remind her of his role and what divisions he oversees.

Mr. Williamson explained ASD oversees the Records Division, IT, HR, and Finance.

Commissioner Espinoza thanked him for the improvements and dramatic difference he has made.

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Commissioner Byrd asked if the contact information on Staff cell phones had been distributed.

Commissioner Espinoza answered that she just asked Danielle to compile a new list and that was being done as they speak.

She added she thought the Commission would want to hear from HR.

Chair Becenti-Aguilar asked Mr. Smith to include that on the agenda for next week.

VII. CONSENT ACTION ITEMS

A. Transportation Matters: 1) 18-00233-TR-M IN THE MATTER OF THE PPLICATION OF THE CITY OF GALLUP DBA GALLUP FIRE DEPARTMENT FOR A CERTIFICATE TO PROVIDE ABULANCE SERVICE Judith Amer POTENTIAL ORDER APPOINTING HEARING EXAMINER

B. Utility Matters:

2) 20-00071-UT IN THE MATTER OF THE APPLICATION OF PUBLIC SERVICE COMPANY OF NEW MEXICO FOR AUTHORIZATION TO ISUE UP TO $200 MILLION OF SENIOR UNSECURED NOTES Carolyn Glick RECOMMENDED DECISION Michael Smith POTENTIL ORDER ON RECOMMENEDED DECISION

Commissioner Hall moved, seconded by Commissioner Byrd, to approve the orders for the consent action items as presented.

General Counsel read the case numbers and case captions being approved.

VIII. REGULAR ACTION ITEMS

A. Transportation Matters:

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3) 20-00079-TR-M IN THE MATTER OF TRANSPORTATION DIVISION'S REQUEST TO GRANT WAIVER FROM NMPRC TRANSPORTATION RULES 18.3.4.12(C)(9) NMAC & 18.3.14.11(A) NMAC & 18.3.8.11 NMAC Judith Amer POTENTIAL ORDER GRANTING TEMPORARY WAIVERS

Ms. Amer presented the order to the Commission. The recommendation filed on April 8, 2020 by the Transportation Division would grant all certificated ambulance service carriers a temporary waiver from Rule 18.3.4.12 (C)(9) and 18.3.14.11 (A) also granting all motor carriers a waiver from 18.3.8.11. Rule 4.12 is that staff of the ambulance service carriers have DOT physicals, some which are expiring during the COVID health crisis. Also, there may be students who graduate that will need DOT physicals. Staff recommends, because they would be unable to schedule those, a temporary waiver of the rule requiring the DOT physical during the emergency.

The second question for a temporary waiver request is from 3.14.11(A) requiring there be a minimum of 2 licensed EMTs at the scene of an emergency. And to waive the requirement of a minimum of 1 EMT in the patient compartment. Staff asserts that many service providers during the health emergency experience limited resources and staff shortages, while trying to keep minimal exposure.

The third temporary waiver requested is from 18.3.18.17 requiring those unable to pay for insurance to request voluntary suspension for a certain time period. There is usually an application fee for voluntary suspension and a fee for reissuance after suspension. The Commission is not authorized to permanently waive the fees, but the order temporarily waives the fee to file the application for voluntary suspension, a permit, warrant, or certificate for all motor carriers.

All temporary waivers are requested to continue at least 45 days after the Governor rescinds the public health emergency order issued March 23. The order will be on the website and sent to all motor carriers. Once the Governor rescinds the emergency order, Staff will be required notice the start of the 45-day period in which the waiver will lapse.

Ms. Amer stood for questions.

Commissioner Espinoza moved, seconded by Commissioner Hall, to approve the order as presented.

The motion was approved on a unanimous 5-0 roll call vote with Commissioner Byrd, Commissioner Espinoza, Commissioner Fischmann, Commissioner Hall and Commissioner Becenti-Aguilar voting in the affirmative and none voting against.

B. Utility Matters

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4) 18-00383-UT IN THE MATTER OF THE FILING OF ADVICE NOTICE NO. 59 BY SOCORRO ELECTRIC COOPERATIVE, INC. Judith Amer POTENTIAL ORDER ON MOTION TO COMPEL

Ms. Amer stated the order comes from the final order issued by the PRC in the case in November and appealed to the New Mexico Supreme Court. However, April 3, 2020 a joint motion to compel was filed by the City of Socorro New Mexico Institute of Mining and Technology and the Utility Division Staff. She will refer to them collectively as the joint movements. April 9, 2020 a single signature order required a response to the joint movements motion. A reply was filed by the joint movements on April 13, 2020.

Ms. Amer reviewed the background of the case: Sept 11, 2019 the Commission issued a final order. The RD was adopted and provided that SEC not receive rate increase but have a variety of rates that included installation of new LED lights, an economic development rate and filings of plant ledger of accounts of lighting.

October 11, 2019, SEC filed notice of appeal with the Supreme Court in addition to a motion to stay at the Commission on the same day. The City and Tech opposed and a pro se intervener was Donald Steinard. October 30, 2019 the Commission denied the request of stay.

November 12, 2019 SEC filed another motion for stay with the New Mexico Supreme Court. The Commission, Tech and the City filed briefs opposing the motion. The Supreme Court has not ruled on SEC’s motion for stay.

April 3, 2020 the joint movements, with the Commission, filed a motion to compel SEC to comply with the final order on the rate case. They asserted that SEC has taken no action on any requirements of the final order, including that SEC start the process of offering an economic development rate. Tech stated it expected to see a benefit as a result of the decrease in its large commercial rate and the economic development rate that was to be implemented. The City stated they were harmed by SEC’s failure to comply with the final order because they expected benefits in the form of new cost-based LED rates and implementation of economic development rates. Staff stated in the motion they have an interest in ensuring that the orders of the Commission are applied with and adhered to.

SEC filed response on April 10 asserting it had filed a motion to stay with the New Mexico Supreme Court and had not yet received a ruling. Therefore, they were not required to comply with the final order until the Supreme Court denies the motion.

The joint movements replied to the SEC response April 13 and renewed their request that the Commission compel SEC to comply with the final order and assess penalties against SEC’s Board of Trustees for noncompliance.

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The City and Tech reiterated the harm they suffered from the rate case final order not being implemented. They are petitioning the Commission to issue an order to show cause against SEC for noncompliance.

Lastly, they stated they do not request penalties be assessed against rate payers. And if there were any penalties, they be assessed against the Board of Trustee members. They determined SEC would not comply with the final order.

The packet includes a proposed order finding it undisputed that the New Mexico Supreme Court has not issued a stay order. And at this time SEC’s motion to the Supreme Court is merely a motion to request for a stay order. SEC’s failure to comply with the final order is contrary to established law in section 62.11.6 of the PUA. That states the pendency of an appeal shall not of itself, stay or suspend the operation of the order of the Commission. The order in the packet further finds that SEC’s failure to comply with the Commission order is grounds for penalties and fines under the PUA, that states violation of any provision of the PUA by a person or corporation, or failure to observe, obey or comply with any lawful order, or part of provision thereof of the Commission, is subject to penalty of at least $100 or more than $100,000 for each offense.

Every violation of the part of the Commission order is a separate and distinct offense. And each day of a continuance of a violation is deemed a separate, distinct offense (PUA section 62.12-5). The proposed order finds that SEC is not believed to comply with the duly issued final order of the Commission. The Commission will assess fines of $1000 a day for 185 days of SEC’s noncompliance for a total of $185,000. Plus, additional fines of $1000 a day for each continuing day of violation. The fines will be held in abeyance for 60 days from the date of this order. The fines will not be due or payable if SEC complies with the final order prior to the end of the 60 days, as certified by Staff after SEC files a pleading to prove its compliance with the final order.

The order provides that the fines shall be borne by SEC Board of Trustees and are not recoverable in rates.

Commissioner Hall said she would move the order. Ms. Amer has done a comprehensive job and SEC was given a grace period to comply. The Commission needs to move forward given the statutory provision that says a pending appeal is no excuse for complying with a Commission order.

Commissioner Hall moved seconded by Commissioner Fischmann, to approve the order 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.

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5) 19-00181-UT IN THE MATTER OF AV WATER CO., LLC ADVICE NOTICE NO. 2 Russell Fisk POTENTIAL ORDER CANCELING ADVICE NOTICE, GRANTING VARIANCE FROM RULE 730, AND PERMITTING AV WATER TO BE REPRESENTED BY RECEIVER

This case was removed from the agenda.

IX. DISCUSSION AND POTENTIAL ACTION

6) SB 489 (2019) REPORTING REQUIREMENT IN ENERGY TRANSITION ACT John Reynolds DISCUSSION ON REPORT CURRENTLY DUE JULY 1, 2020 Dhiraj Solomon

This case was removed from the agenda by Mr. Montoya under Approval of Agenda.

7) SB 143 (2019) RULEMAKING REQUIREMENT IN PRC FIRE SAFETY STANDARDS ACT David Black RULEMAKING STATUS UPDATE FROM DAVID BLACK Jason Montoya Carl Hans Muller

Chair Becenti Aguilar provided background for the next item discussion. She confirmed that David Black from Legal was present to provide information on the bill.

Mr. Black presented this rulemaking. The State Fire Marshal’s office (SFM) has been working on the language changes to the rules to comply with the statute on smoke and fire dampers. The changes will require amendments to three parts of the SFM’s rules: Definitions in the General Provisions; Issuance of Certificates of Fitness to perform work on smoke and fire dampers; and Fire Prevention and Public Occupancy in buildings.

The preferred amendatory rule language has been prepared and is ready for part 2 on Certificates of Fitness. The SFM Staff is involved in writing language changes to part 1, General Provision Definitions and part 5, Fire Prevention and Public Occupancy in buildings. They expect to complete that no later than Friday, April 24. He will send the language to the OGC when finished. OGC will prepare appropriate post pleadings for the Commission to open a rulemaking docket and issue a Notice of Proposed Rulemaking (NOPR). Once the NOPR is published in the New Mexico Register, as required, comments will be accepted for filing. Overall public comment can occur at a public comment hearing on the dates in the NOPR.

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The State Records Center and Archive controls and publishes the New Mexico Public Register. They have a pre-established schedule when items can be submitted and published. The Office of General Counsel and the Administrative Services Division (ASD) will need to do considerable work before the NOPR can be submitted for publication: rule and analyst review and approval of the NOPR and purchase orders from DFA for the State Records Center payments. Once all of that is done, and the proposed rulemaking language has been prepared, the next date to submit a NOPR to be published is May 7, 2020 with printing on May 19, 2020.

Commissioner Espinoza thanked Mr. Black for his work and returning to present and for working with her through the years. She said she was grateful for him and knew he put a lot of effort into his work. She asked since Legal now has a deadline of May 7, who will take over the work now.

Mr. Smith replied that was directed to the OGC and Russell Fisk and Hans Muller are working on it.

Commissioner Espinoza thanked him and added she wanted to keep an eye on things to ensure everything continues.

Chair Becenti-Aguilar thanked Mr. Black for his presentation and all of his work.

8) 19-00195-UT IN THE MATTER OF PUBLIC SERVICE COMPANY OF NEW MEXICO'S CONSOLIDATED APPLICATION FOR APPROVALS FOR THE ABANDONMENT, FINANCING, AND RESOURCE REPLACEMENT FOR SAN JUAN GENERATING STATION PURSUANT TO THE ENERGY TRANSITION ACT Stephen Fischmann DISCUSSION ON RECOMMENDED DECISION Michael Smith

Mr. Smith noted the Commissioners should have received a copy of the HE’s RD as well as copies of the exceptions and exception responses. The RD will be presented next week on April 22nd by the HE and was on the agenda today at Commissioner Fischmann's request. The Commissioner wanted, based on reading the RD, to discuss this with the Commission.

Commissioner Fischmann replied he had not read the exception responses filed but did read the RD carefully and the testimony. He had a couple of concerns.

First, he is on board with approving the two PPAs being discussed; it is good for consumers. However, the process followed was not thorough in honoring the ETA

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legislation or focusing on bids that look at the school district specified in the legislation. Strong arguments were made that the RFP process did not tell the bidders about the preference for the school district area. PNM decided not to ask for a rebid based on the new specifications in the legislation. He thought that was not acceptable.

Then the next bid was just for owned only, a supplemental bid, and still did not specify a preference or ask for the required economic data. He thought the only way to be fair to those living in the area of the San Juan plant, is for any other resources needed to replace San Juan, to ask PNM to ask for revised bids. Those bids should ask for the economic data required in the ETA and specify a preference for the school district area and follow the law. If the Commission does not do that, no one else is out there to do it.

Commissioner Fischmann felt the Commission should give that careful thought before making a decision.

He had one other concern with the RD, that before the supplemental RFP went out the Commission had a proposal from Arroyo for 150 MW of storage. That was easily the most cost-effective storage but was negotiated down to 40 MW because it was deemed too risky and too large. The testimony on that was unconvincing, and the witness raised two issues. Both issues confirmed it is safer and more reliable to go with the 150 MW instead of the 40 MW of storage negotiated.

He asked that the Commissioners look at the testimony and discuss with the RD to see if they should ask to go with the less expensive 150 MW of storage on the Arroyo Project. There is merit to the arguments that the second RFP and the expert testimony on reliability feels and looks like, for the evidentiary record, an excuse to get ownership of projects opposed to having them be PPAs.

Commissioner Fischmann said if ownership is not an advantage to consumers, they shouldn’t go that direction. He was disturbed that after the second RFP, the proposed portfolio becomes more expensive for consumers. They end up with PNM owned assets built by Affordable Solar that were not in the portfolio prior to that study.

Commissioner Fischmann said he hoped the other Commissioners would give that careful thought.

Commissioner Hall thought Commissioner Fischmann raised important issues in general. She said she looks forward to discussing those next week. She read some of the responses and thought they raised issues on both sides on doing a new procurement.

X. PUBLIC COMMENT

New Mexico Public Regulation Commission April 15, 2020 Page 17 of 21

There was no public comment.

XI. COMMUNICATIONS WITH CHIEF OF STAFF

Mr. Montoya reported Staff has been as effective as possible given the teleworking and the epidemic. He thought it impressive to be able to work with Division Directors and Staff members and all have been responsive.

He hoped to publish the updated contact list for Staff in requested by Commissioner Espinoza. He thanked Danielle for calling all of the numbers to ensure they were accurate, including land lines and cell phones. That should enable them to gauge the amount of numbers available to the Commission. They are working on replacing land lines. For those who have a State issued cell phone and employees who need a land line for administrative support etc., they will be forthcoming.

There are two other items. They have had many questions about the status of the eviction letter. He has confirmed the receipt of the letter, both mailed and sent by email, drafted by Mr. Smith on March 13 to GSD. There has been no response. They followed up with a second letter to inform GSD that PRC is willing and able to renegotiate another agreement…

Commissioner Espinoza interrupted to advise Mr. Montoya he was breaking up. She could only hear bits and pieces and wasn’t sure what he was saying.

She also wanted to let the Commission know when he was discussing the move that she received an email from the Santa Fe New Mexican. They have office space they offered to PRC. She sent Mr. Montoya and Mr. Williamson a copy of the email. She believed Mr. Williamson was working with the Santa Fe New Mexican on what is available and costs, etc.

She stated she wasn’t sure why Mr. Montoya was breaking up or if it just her that could not hear him.

Mr. Montoya offered to slow down. He thought it might have something to do with his Internet service provider. He continued his report that he has received a lot of questions from Staff about the status of the eviction letter. As the Commission is aware Mr. Smith sent a response letter on March 13 and there was no response. He has confirmed the letter was received. He thought they were dealing with a lot of the COVID 19 issues as well.

Mr. Montoya said he also wanted to mention the possibility that next week’s open meeting could be streamed from the Santa Fe office. He stressed that the building

New Mexico Public Regulation Commission April 15, 2020 Page 18 of 21

would not be open to employees. It would be a handful of employees, including himself and IT and Commissioners if they wish. That would enable them to manage the meeting better from the Santa Fe office. He asked Commissioners to let him know if they had concerns. The plan is to decide by the end of the week and would use the bridge and equipment normally used.

Commissioner Hall said she appreciated it would be easier for Staff but did not want anyone to put themselves into unnecessary possible exposure sooner than necessary. She thought the system worked well and the audio/video is high quality. She was comfortable continuing in this manner, but Staff may think it worth the risk. She would rather remain unexposed.

Mr. Montoya thanked her. He explained there seemed to be a handful of people unable to access streaming. So, there are still technical difficulties with some people.

Chair Becenti-Aguilar asked the number of people that tried to tune in today.

Mr. Montoya replied he approved 124 registrants and earlier in the meeting they had up to 114 participating, but currently have 89 people. Three or four people were brought to his attention that could not access the Zoom platform or call in. He noted the system works and they were successful at having 114 participants. He was not sure why some have a problem.

Commissioner Hall asked if there is the same volume of participants on the bridge normally.

Mr. Montoya replied he was not sure they have the ability to quantify capacity on the bridge. The phone number is only released to Commissioners and those scheduled to present and not able to come in person. Mr. Williamson might be able to help.

Mr. Williamson was not sure of the limit but offered to find out.

XII. COMMUNICATIONS WITH GENERAL COUNSEL

Mr. Smith said as a follow-up to the issue discussed, the most recent Public Health order from the Department of Health restriction is that no more than 5 persons share the same space. A group of employees as Chief of Staff referred to, would be limited to 5 persons.

Mr. Smith noted on the use of the bridge line that normally in a proceeding of PRC, most of the people participating through Zoom do so to observe, not participate. They have that ability to do that by Internet. He pointed out having a number of people on the

New Mexico Public Regulation Commission April 15, 2020 Page 19 of 21

bridge line in the past proved very disruptive. The last time they had about 7 people and it was problematic. He wouldn’t advise opening the bridge to the public.

Mr. Smith said secondly, at the beginning of the meeting an issue was raised regarding the use of notaries. The Governor has an Executive Order (2020-15 issued March 30) that relaxes provisions for notarial acts. He previously distributed copies to Division Directors and just now sent copies to all others in the agency. The order allows notary services to satisfy the present requirement using technology that gives direct interaction of the person seeking notary service. The notary and any required witnesses can use fax and scanning technology to transmit documents that establish the proof of identity. That allows notary services to be provided.

XIII. COMMUNICATIONS WITH COMMISSIONERS

Commissioner Hall said a letter was sent yesterday by an attorney; she couldn’t recall who he represented. The issue was cars repossessed by some of the towing companies. The attorney commented that the Commission might address or discourage the issue or issue an order of some kind to prevent that during the emergency order. She wondered if General Counsel had an opportunity to respond or look at whether the emergency order covers that issue.

Commissioner Espinoza stated she was certain she had already received a letter from Mr. Montoya addressing the issue.

Mr. Montoya said yes, and he also sent them an email attached to the letter yesterday that is related to nonessential tows. It basically supports the Governor’s position as directed by the Commission.

Commissioner Espinoza inquired about the health of Mr. Boaz and his daughter.

Mr. Boaz replied he is healthy and his daughter is still in hospice care.

XIV. ADJOURNMENT

The meeting was adjourned at 11:34 a.m.

New Mexico Public Regulation Commission April 15, 2020 Page 20 of 21

ATTEST:

/s/ Carl Boaz, electronically signed Carl Boaz, Stenographer

APPROVED: May 13, 2020

/s/ Theresa Becenti-Aguilar, electronically signed THERESA BECENTI AGUILAR, CHAIR

/s/ Jefferson Byrd, electronically signed JEFFERSON BYRD, VICE CHAIR

/s/ Cynthia B. Hall, electronically signed CYNTHIA B. HALL, COMMISSIONER

/s/ Valerie Espinoza, electronically signed VALERIE ESPINOZA, COMMISSIONER

/s/ Stephen Fischmann, electronically signed STEPHEN FISCHMANN, COMMISSIONER

New Mexico Public Regulation Commission April 15, 2020 Page 21 of 21

First Name Last Name Email Registration Time Approval Status Phone Organization Kari Olson [email protected] 5/6/2020 9:29 approved 505‐986‐2686 Montgomery & Andrews, PA Camilla Feibelman [email protected] 4/15/2020 9:13 approved 5057158388 Sierra Club ‐ Rio Grande Chapter Nick Phillips [email protected] 4/8/2020 9:07 approved 3146233383 Public Service Company of New Mexico Keith Herrmann [email protected] 4/8/2020 9:31 approved 5059387770 Stelzner Winter Warburton Flores Sanchez & Dawes PA Georgette Ramie [email protected] 4/15/2020 9:37 approved 5054760448 New Mexico Public Regulation Commission Cynthia Hall [email protected] 4/8/2020 9:41 approved 5056603038 State of New Mexico Janice Arnold‐Jones [email protected] 5/6/2020 9:37 approved 5053790902 individual Maria Najera [email protected] 4/22/2020 9:59 approved 5054599233 WRA Sharon Mullin [email protected] 4/22/2020 10:41 approved 5123301698 AT&T Steve Ellison [email protected] 4/29/2020 10:06 approved 5053302824 San Juan Citizens Alliance Brian Johnson [email protected] 4/8/2020 9:41 approved 5054907033 NM Renewable Energy Transmission Authority Dan Najjar [email protected] 4/15/2020 9:22 approved 505‐660‐6547 Virtue & Najjar RL Gifford [email protected] 4/29/2020 9:32 approved 720352‐5405 Wilkinson Barker Knauer LLP Emily Jaramillo [email protected] 4/8/2020 9:39 approved 505‐934‐1381 AFR David Rueschhoff [email protected] 4/8/2020 10:14 approved 3035027693 Holland & Hart LLP Leslie Padilla [email protected] 4/8/2020 8:22 approved 5053500514 PNM Merrie Lee Soules [email protected] 5/6/2020 9:14 approved 5756352225 self Anne Dorough [email protected] 4/15/2020 7:11 approved 5757722989 Socorro Electric Cooperative michael smith [email protected] 5/6/2020 9:17 approved 505‐470‐2668 NMPRC Brenna Goth [email protected] 4/29/2020 9:28 approved 5713295552 Bloomberg Bennie Weeks [email protected] 4/22/2020 9:45 approved 8063166313 SOUTHWEST POWER POOL Julia Ruetten [email protected] 4/8/2020 9:42 approved 505‐923‐5712 Presbyterian Healthcare Services Edwin Reyes [email protected] 4/22/2020 10:55 approved 5052391714 Enchantment Energy Consulting, LLC Robert Rudd [email protected] 4/15/2020 14:05 approved 4158275653 Plus Power James Stanovcak [email protected] 4/15/2020 10:14 approved 5054902135 NMPRC Thomas Solomon [email protected] 4/29/2020 8:40 approved 5053280619 350 New Mexico Joan Drake [email protected] 4/8/2020 9:29 approved 505‐270‐4753 Modrall Sperling Karl Isselhard [email protected] 4/8/2020 10:12 approved 5059806543 Retired AFD April Elliott [email protected] 4/8/2020 8:30 approved 5053695866 Elliott Analytics LLC Daniel Bailet [email protected] 5/6/2020 11:19 approved 5053798050 EPCOR Michael Gerstein [email protected] 4/22/2020 9:39 approved 5055776518 Santa Fe New Mexican

April 15, 2020 Exhibit 2 michael D'Antonio michael.a.d'[email protected] 4/15/2020 9:55 approved 505‐681‐0946 xcel energy John Reynolds [email protected] 4/8/2020 9:24 approved 8048274112 New Mexico Public Regulation Commission m nelson [email protected] 5/6/2020 9:26 approved 3038818896 wbk Miguel Lujan [email protected] 4/8/2020 9:18 approved 5054125412 NM Public Regulation Commission Vince Crespin [email protected] 4/16/2020 9:27 approved 5054902177 New Mexico Public Regulation Commission Barbara M Romero [email protected] 4/8/2020 9:11 approved 575‐835‐7502 NM Firefighters Training Academy Matthew Behrens [email protected] 4/8/2020 10:07 approved 915‐543‐5882 El Paso Electric Company Tim Goodwin [email protected] 4/22/2020 7:05 approved 7203531074 centurylink Cynthia Hall [email protected] 4/8/2020 9:31 approved 5057208627 State of New Mexico David Griscom david.griscom@pne‐ag.com 4/29/2020 11:48 approved 5056901981 PNE Development Lance Adkins [email protected] 5/6/2020 9:29 approved 5757624466 Farmers Electric Cooperative Mark Fenton [email protected] 4/8/2020 9:08 approved 505‐480‐9673 PNM Casey Settles [email protected] 4/15/2020 9:25 approved 806‐678‐3912 SPS Lisa Hickey [email protected] 4/15/2020 9:49 approved 7193022142 Tormoen Hickey LLC Lucas Herndon [email protected] 4/29/2020 9:52 approved 5755242030 ProgressNow New Mexico Justin Garcia [email protected] 4/22/2020 9:21 approved 5058274084 NMPRC Edward Sanchez [email protected] 4/8/2020 9:33 approved 5054760470 PRC Elizabeth Hurst [email protected] 4/7/2020 15:53 approved 505‐989‐3618 NMPRC Alejandra Chavira [email protected] 4/22/2020 9:33 approved 9155435935 El Paso Electric Joshua Martinez [email protected] 4/15/2020 9:28 approved 5059272839 American Heart Association Judith Parsons [email protected] 5/6/2020 9:26 approved 915‐543‐5777 EPE Ethan Case [email protected] 4/15/2020 11:21 approved 9125363402 Heelstone Renewable Energy Kathleen Segura [email protected] 4/8/2020 9:19 approved 505‐4693537 New Mexico Public Regulation Commission Michael Hunsucker [email protected] 4/22/2020 9:30 approved 5125687070 Windstream Dustin Shively [email protected] 4/22/2020 9:36 approved 2088705248 Centaurus Renewable Energy Carla Sonntag [email protected] 4/8/2020 9:39 approved 5058364223 New Mexico Utility Shareholders Alliance Carol Clifford [email protected] 4/22/2020 8:39 approved 5059896215 Jones, Snead, Wertheim & Clifford, P.A. Karl Braithwaite [email protected] 4/29/2020 9:24 approved 505‐850‐3369 Retired Sandia Labs Teresa Johansen teresa.johansen@affordable‐solar.com 4/29/2020 10:47 approved 5052590821 Affordable Solar Kassia Micek [email protected] 4/22/2020 8:35 approved 512‐659‐7812 S&P Global Platts Milo Chavez [email protected] 4/8/2020 9:23 approved 505‐827‐6975 NMPRC Ali Jones [email protected] 4/14/2020 11:50 approved 3037176199 Western Resource Advocates Alexander Pugh [email protected] 4/29/2020 9:47 approved 3106580936 Hecate Energy Eugene Evans [email protected] 4/8/2020 9:33 approved 5058274405 NMPRC STAFF Hans Muller [email protected] 4/8/2020 9:14 approved 9784732787 PRC Jamie Trafficanda [email protected] 4/15/2020 9:32 approved 8184291144 WRA Will DuBois [email protected] 4/15/2020 8:26 approved 4103226069 Southwestern Public Service Company Ben Shelton [email protected] 4/15/2020 10:58 approved 5054679480 Conservation Voters New Mexico Liberty Manabat [email protected] 4/7/2020 19:01 approved 15054907910 NMPRC Prakash Bhakta [email protected] 4/14/2020 17:30 approved 505‐469‐3989 SPO Anthony Dimas Jr [email protected] 4/29/2020 9:34 approved 5058631400 McKinley County Rico Lujan [email protected] 4/22/2020 11:52 approved 5056996106 NM PRC Catherine Nicolaou [email protected] 4/22/2020 9:34 approved 505‐573‐6849 Sacred Wind Communications Ryan Centerwall ryan.centerwall@affordable‐solar.com 4/22/2020 11:23 approved 5052801859 Affordable Solar Denise Forlizzi [email protected] 4/14/2020 17:35 approved 505‐365‐3691 NM State Personnel Office Isaac Sullivan‐Leshin isaac.sullivan‐[email protected] 4/7/2020 16:01 approved 5058274501 NMPRC Robert Hirasuna [email protected] 4/29/2020 8:46 approved 5059831671 Retired Bill Grant [email protected] 4/22/2020 8:01 approved 8066749200 Southwestern Public Service Stephen Thies [email protected] 4/15/2020 9:54 cancelled by self 505‐869‐8286 State of New Mexico John Carabillo [email protected] 4/8/2020 8:50 approved 505‐946‐7380 NM State Fire Marshal's Office Sherrick Roanhorse [email protected] 4/22/2020 9:31 approved 5053531124 Individual Thomas Singer [email protected] 4/22/2020 9:26 approved 505‐231‐1070 WELC Thomas Champion [email protected] 4/8/2020 10:11 approved 301‐602‐1621 T Champion Consulting LLC Bobby Jones [email protected] 5/6/2020 9:02 approved 8063160583 xcelenergy Marc Tupler [email protected] 4/8/2020 9:27 approved 50‐920‐5300 NMPRC Staff Desmond Machuca [email protected] 4/8/2020 9:31 approved 9154873634 El Paso Electric Paul Dow [email protected] 4/8/2020 9:43 cancelled by self 5059348717 Albuquerque Fire Rescue Jeremy Lewis [email protected] 4/22/2020 10:34 approved 505‐827‐5724 NM State Land Office Adam Peters [email protected] 4/22/2020 9:16 approved 3039156471 Wilkinson Barker Knauer, LLP Rebecca Carter [email protected] 4/29/2020 1:04 approved 5052695737 New Mexico Gas Company Gabriella Dasheno [email protected] 4/8/2020 9:27 approved 5059290001 New Mexico Public Regulation Committee Brad Mathews [email protected] 4/15/2020 9:40 approved 5756444296 n/A CRYSTAL ENOCH [email protected] 4/15/2020 10:25 approved 9153514212 EL PASO ELECTRIC COMPANY ana kippenbrock [email protected] 4/22/2020 11:54 approved 505 827‐6956 PRC Bryan Davis [email protected] 4/27/2020 10:48 approved 303‐571‐2828 Xcel Energy Jason Marks [email protected] 4/15/2020 9:27 approved 505‐385‐4435 Jason Marks Law Jeffrey Albright [email protected] 4/22/2020 9:40 approved 505‐926‐4105 JAlbright Law LLC Abigail Sawyer [email protected] 4/22/2020 10:48 approved 415‐572‐2669 Newsdata Alejandra Chavira [email protected] 4/29/2020 9:33 approved 9155435935 El Paso Electric Anastasia Stevens [email protected] 4/22/2020 9:39 approved 5057953505 Stevens Law LLC for City of Las Cruces Russell Fisk [email protected] 4/8/2020 9:16 approved 3109275647 NMPRC Michael Jensen [email protected] 4/15/2020 9:26 approved 5053621063 5053621063 Mark Brock [email protected] 4/22/2020 9:59 approved 50592412829 Self Ricardo Gonzales [email protected] 4/22/2020 9:23 approved 5752023369 El Paso Electric Keven Groenewold [email protected] 4/15/2020 9:47 approved 5056703456 NMRECA Manuel Anaya [email protected] 4/16/2020 15:20 approved 505 795‐4445 PRC transportation Investigations Jack Sidler [email protected] 4/8/2020 9:22 approved 5058276630 NMPRC Elisha Leyba‐Tercero elisha.leyba‐[email protected] 4/8/2020 9:21 approved 5058276954 NMPRC stephen fischmann [email protected] 4/15/2020 15:40 approved 5056995648 PRC Joseph Hernandez [email protected] 4/22/2020 10:47 approved 5053603292 NAVA Education Project Raymond Sandoval [email protected] 4/29/2020 10:26 approved 5054289013 PNM Susan Montoya Bryan [email protected] 4/15/2020 9:26 approved 505‐228‐6694 Associated Press William Templeman [email protected] 4/22/2020 9:22 approved 5052163070 maldegen templeman and indall Jerome BLOCK [email protected] 4/29/2020 9:33 approved 5059840147 Mescalero Apache Telecom, Inc. Beverly Eschberger [email protected] 4/8/2020 9:15 approved 505‐827‐6916 New Mexico Public Regulation Commission Paul Patterson [email protected] 4/29/2020 9:31 approved (212) 246‐3318 Glenrock Associates LLC Trish Griego [email protected] 4/8/2020 7:57 approved 5054704048 El Paso Electric Company Charles Noble [email protected] 4/15/2020 9:44 approved 5059130269 ccae Paul Cole [email protected] 4/22/2020 9:13 approved 917 821 9697 UBS Matthew Jaramillo [email protected] 4/29/2020 10:57 approved 5056904235 PNM Steve Metts [email protected] 4/29/2020 9:42 approved 5205070900 Valley telephone Heather Alvarez [email protected] 4/29/2020 9:36 cancelled by self 5052358013 nmprc Allen Downs [email protected] 4/7/2020 16:20 approved 575‐915‐6969 Self Randy Bartell [email protected] 4/8/2020 9:46 approved 5059862504 MONTGOMERY & ANDREWS, P.A. Chris Barron [email protected] 4/22/2020 9:29 approved 803‐547‐9571 Alexicon Leopoldo Pineda [email protected] 4/15/2020 8:32 approved 5758350240 City of Socorro Athena Christodoulou [email protected] 4/29/2020 10:15 approved 5055071955 personal Robert Castillo [email protected] 4/29/2020 12:08 approved 5052908026 Continental Divide Electric Molly Taylor [email protected] 4/29/2020 9:27 approved 5055544115 Conservation Voters New Mexico Ramona Blaber [email protected] 4/15/2020 10:59 approved 505‐660‐5905 Sierra Club Rio Grande Chapter Matt Miller m.miller@roswell‐nm.gov 4/16/2020 9:10 approved 5759109704 City of Roswell Fire Dept. John McIntyre [email protected] 4/21/2020 18:11 approved 310‐869‐5959 El Paso Electric Keith Herrmann [email protected] 4/8/2020 9:28 approved 5059387770 Stelzner Winter Warburton Flores Sanchez & Dawes PA Antonio Archuleta [email protected] 4/8/2020 9:07 approved 505‐490‐0567 NM PRC Don Schreiber [email protected] 4/29/2020 9:06 approved 505‐320‐0032 Devil's Spring Ranch Keith Holst [email protected] 4/22/2020 10:59 approved 8324745009 Centaurus Renewable Energy Michael Lonegan [email protected] 4/29/2020 10:22 approved 6317075222 Evercore ISI Carl Boaz [email protected] 4/8/2020 9:05 approved 5053288485 Carl G. Boaz, Inc. Brad Borman [email protected] 4/8/2020 9:19 approved 5059334571 New Mexico Public Regulation Commission Sid Applin [email protected] 4/22/2020 9:15 approved 5754334303 Leaco Rural Telephone Coop Jeremy Lovelady [email protected] 4/8/2020 9:10 approved 806‐676‐2992 Xcel Energy Bruce Throne [email protected] 4/15/2020 9:33 approved 5059894345 Southwest Generation Operating Co. LLC Robert Lennon [email protected] 4/7/2020 16:12 approved 7172357177 NM PRC Hearing Examiners Steve Casey [email protected] 4/8/2020 9:35 approved 505‐220‐0187 New Mexico Gas Company Michelle Montoya [email protected] 4/22/2020 9:42 approved 505‐632‐6877 public Adam Alvarez [email protected] 4/8/2020 9:56 approved 5052412849 PNM Evan Evans [email protected] 4/22/2020 10:17 approved 8066787193 SPS/Xcel Energy yvette hetzer [email protected] 4/8/2020 9:28 approved 505‐920‐1574 NMPRC Mariel Nanasi [email protected] 4/15/2020 9:19 approved 5054694060 New Energy Economy Edward Klump [email protected] 4/22/2020 9:27 approved 8323319550 E&E News kacy Dunn [email protected] 4/8/2020 9:29 approved 5058275013 prc Hannah Grover [email protected] 4/15/2020 9:28 approved 505‐564‐4652 The Daily Times Lisa Trujillo [email protected] 4/22/2020 9:49 approved 5056973831 New Mexico Gas Company Mario Contreras [email protected] 4/8/2020 9:17 approved 915‐235‐7634 Xcel Energy David Black [email protected] 4/8/2020 9:22 approved 5054760314 PRC Legal Division Nicole Strauser [email protected] 4/15/2020 12:22 approved 5052633172 NMGC AFR EMS Chief Christopher Ortiz [email protected] 4/8/2020 9:19 approved 5059341375 AFR Joseph Maestas [email protected] 4/29/2020 8:59 approved 5059290955 Neighbors for Joseph Maestas Matthew Gerhart [email protected] 4/14/2020 9:41 approved 5108477721 Sierra Club Bianca Sopoci‐Belknap [email protected] 5/6/2020 10:49 approved 5059897262 New Energy Economy doug kitch [email protected] 5/6/2020 9:51 approved 7193387538 Alexicon on behalf of Mescalero Apache Telecom Athena Christodoulou [email protected] 4/29/2020 9:39 approved 5055071955 CSolPower LLC Loretta Cuthrell [email protected] 4/8/2020 9:26 approved 5056998693 Pipeline Safety Cydney Beadles [email protected] 4/8/2020 9:35 approved 505‐501‐7708 Western Resource Advocates Martin De La Garza [email protected] 5/6/2020 10:34 approved 5059806144 Public Michael Ripperger [email protected] 4/8/2020 9:30 approved 505‐827‐6902 New Mexico Public Regulation Commission Alan Herman [email protected] 4/22/2020 11:59 approved 5753894212 ENMR Telephone Cooperative Sara Gersen [email protected] 5/6/2020 9:26 approved 4132123100 Earthjustice Patrick O'Connell [email protected] 4/15/2020 9:23 approved 5059197741 Western Resource Advocates Richard Alvidrez [email protected] 4/15/2020 9:33 approved 505‐842‐1950 Miller Law Firm Kim Legant [email protected] 4/15/2020 9:42 approved 5059182411 Hull Consulting kelly gould [email protected] 4/8/2020 9:41 approved 5056901914 NM AREA Jane Yee [email protected] 4/8/2020 10:51 approved 505 850‐8998 City of Albuquerque, Legal Department Paul Briesh [email protected] 4/22/2020 9:54 approved 5752782101 Baca Valley Telephone Co., Inc. Carolyn Glick [email protected] 4/8/2020 9:17 approved 5058276222 New Mexico Public Regulation Commission Stuart Hamilton [email protected] 4/15/2020 10:14 approved 5054767741 State personnel Office Carey Salaz [email protected] 4/15/2020 9:13 approved 5058181115 PNM Carl Erhart [email protected] 4/29/2020 9:38 approved 214‐673‐0534 Frontier Communications Jacqueline Martinez [email protected] 4/15/2020 9:54 approved 505‐304‐9892 LFC Ruth Sakya [email protected] 5/5/2020 14:57 approved 806.677.4512 SPS Bruce Creg [email protected] 5/6/2020 9:28 approved 505‐231‐6844 NMPRC James Schichtl [email protected] 4/22/2020 9:54 approved 915‐521‐4697 El Paso Electric Company Eric Enriquez eenriquez@las‐cruces.org 5/6/2020 9:49 approved 575‐528‐4065 City of Las Cruces Linda Hudgins [email protected] 4/7/2020 15:49 approved 8062369548 SPS Candice Sena [email protected] 4/8/2020 13:10 approved 5052318497 SFMO Daniel Pritchard [email protected] 4/29/2020 9:30 approved 5059808345 Renewable Taos, Inc. Don Hancock [email protected] 4/15/2020 9:22 approved 5052621862 Southwest Research and Information Center Jimmy Capps [email protected] 4/15/2020 10:04 cancelled by self 575‐838‐9724 SEC Wendy Atcitty wendy.atcitty@dine‐care.org 4/22/2020 10:33 approved 505‐716‐3229 Dine' CARE Anthony Medeiros [email protected] 4/29/2020 9:39 approved 5056709343 NMPRC Susan Brymer [email protected] 4/8/2020 8:43 approved 5124845922 SPS Jon Kilbweg [email protected] 4/29/2020 13:11 approved 3037369575 TRE Daniel Najjar [email protected] 4/22/2020 9:43 approved 505‐660‐6547 Virtue & Najjar Mitch Hibbard [email protected] 5/6/2020 8:17 approved 5759738393 PVT Jay Santillanes [email protected] 4/22/2020 9:48 approved 505‐440‐6119 NM Exchange Carrier Group Beilen Middleton [email protected] 4/15/2020 8:56 approved 505‐252‐9453 PNM Resources Zoe Lees [email protected] 4/22/2020 9:14 approved 5059488660 Xcel Energy Launa Waller [email protected] 4/22/2020 9:30 approved 5753894211 PLateau Darren Tanner [email protected] 4/29/2020 10:47 approved 5053305690 self Julie Hopper jth@keleher‐law.com 4/28/2020 16:21 approved 5055503874 Keleher & McLeod Terry Fisk [email protected] 4/22/2020 10:48 approved 4043095811 None Chuck Pinson [email protected] 4/15/2020 9:33 approved 575‐746‐3571 Central Valley Electric Coop Amanda Edwards [email protected] 4/22/2020 9:35 approved 505‐926‐4100 JAlbright Law, LLC Anthony Sisneros [email protected] 4/15/2020 9:19 approved 5054743228 PRC Staff Katelyn Hart [email protected] 4/8/2020 11:10 approved 5756423875 Red Sky Law, LLC Adele Lee [email protected] 4/15/2020 9:27 approved 3032958000 Holland & Hart LLP JOhn Jones [email protected] 4/8/2020 10:12 approved 5056043456 na Timothy Shaffery [email protected] 4/29/2020 10:51 approved 928‐205‐8800 Smith Bagley, Inc. Carlos Trujillo [email protected] 4/29/2020 9:06 approved 5059186736 RAC Mariah Novela [email protected] 4/29/2020 11:20 approved 9155214662 El Paso Electric Company judith amer [email protected] 4/8/2020 9:19 approved 5054901248 nmprc Annissa Ortiz [email protected] 4/8/2020 9:16 approved 505‐827‐4640 New Mexico PRC steven michel [email protected] 4/22/2020 8:22 approved 505‐690‐8733 wra Liam Jordan [email protected] 4/22/2020 12:10 approved 5052187266 ir Dru Jones [email protected] 4/8/2020 9:28 approved 5053620492 New Mexico Gas Company TJ LOPEZ [email protected] 4/29/2020 9:33 approved 5054900689 State of NM/Transportation Investigations Leo Baca [email protected] 4/29/2020 9:33 approved 505‐250‐4393 Centurylink Ken Hughes [email protected] 4/22/2020 10:10 approved 5053162278 retired Jim Williamson [email protected] 4/8/2020 8:52 approved 5054679116 PRC Joseph Herrera [email protected] 4/15/2020 10:09 approved 5758350226 Socorro EC Matejka Santillanes [email protected] 4/22/2020 9:30 approved 505‐270‐0602 NMECG Raj Solomon [email protected] 4/8/2020 9:18 approved 5058276982 NMPRC LUIS REYES [email protected] 4/29/2020 7:41 approved 5757410213 Kit Carson Electric Cooperative Mike Hunsucker [email protected] 4/29/2020 9:25 approved 5125687070 Windstream Kevin Robinson‐Avila krobinson‐[email protected] 4/15/2020 9:34 approved (505) 550‐8935 Albuquerque Journal Tim Kelley [email protected] 4/22/2020 10:08 approved 9706315884 New Mexico PRC Denise Herrera [email protected] 4/8/2020 9:15 approved 505‐827‐6999 NMPRC Tim Kelley [email protected] 4/8/2020 9:31 approved 970‐631‐5884 New Mexico PRC Melchior Savarese [email protected] 4/8/2020 10:41 approved 5058276905 PRC Carlos Lucero [email protected] 4/29/2020 11:23 approved 5052691648 pnm John Bogatko [email protected] 4/8/2020 9:28 approved 5058274290 NMPRC phil bolton [email protected] 4/8/2020 8:54 approved 5054760300 nmprc Brian Harris [email protected] 4/29/2020 10:28 approved 5058197648 Self Brian Haverly bjh@keleher‐law.com 4/29/2020 9:03 approved 505‐346‐4646 Keleher & McLeod Stacey Goodwin [email protected] 4/8/2020 8:56 approved 5057952803 PNM Lisa Goodman [email protected] 4/22/2020 10:19 approved 505‐241‐2160 PNM Rene Kepler [email protected] 4/8/2020 9:19 approved 5056603839 NMPRC Curtis Hutcheson [email protected] 4/8/2020 10:06 approved 9155434354 EPE Christopher Rackley [email protected] 4/8/2020 11:12 approved 5059082674 Sacred Wind Communications Rikki Seguin [email protected] 4/29/2020 9:03 approved 6786341945 Interwest Energy Alliance steven cordova [email protected] 4/8/2020 8:49 approved 5056973559 New Mexico Gas Company Mike Stark [email protected] 4/27/2020 10:16 approved 505‐320‐1848 San Juan County Jeff Comer [email protected] 4/8/2020 9:28 approved 806.433.2659 SPS Ryan Jerman [email protected] 4/8/2020 9:32 approved 5052414864 PNM David Link [email protected] 4/29/2020 9:43 approved 5059840282 Raton Natural Gas David Ault [email protected] 4/29/2020 9:21 approved 505 690 1941 PRC Thomas Solomon [email protected] 4/21/2020 9:34 approved 5053280619 350 New Mexico Patricia Ives [email protected] 4/8/2020 9:32 approved 505 988 4476 Cuddy & McCarthy, LLP Ashley Schannauer [email protected] 4/8/2020 9:23 approved 5054662251 prc John Badal [email protected] 4/8/2020 9:45 approved 5052501284 Sacred wind Communications, Inc. Stephanie Dzur Stephanie@Dzur‐Law.com 4/8/2020 9:25 approved 5057305295 CCAE Kevin Bassalleck kevin.bassalleck@affordable‐solar.com 4/22/2020 11:29 approved 8056378850 Affordable Solar Robert Abrams [email protected] 4/22/2020 10:26 approved 6084104768 BKD, LLP