County of Bernalillo v. New Mexico Public Regulation Commission Book Reviews

County of Bernalillo v. New Mexico Public Regulation Commission by New Mexico Supreme Court Book Summary

1 The County of Bernalillo appeals pursuant to NMSA 1978, 62-11-1 (1993), challenging the New Mexico Public Regulation Commissions final order in NMPRC Case 3071 with regard to the Electric Utility Industry Restructuring Act of 1999, NMSA 1978, 62-3A-1 to -23 (1999, as amended through 2000) (Restructuring Act). In Case 3071, the Commission, on its own motion, granted utilities a delay in the implementation of franchise fee adjustments. The County asserts that this order was contrary to NMSA 1978, 62-3A-18(A) (1999). The County argues that this section took effect immediately on April 8, 1999, under the Restructuring Acts emergency clause, 1999 N.M. Laws, ch. 294, 24, and that the Commission unlawfully extended compliance by investor-owned utilities until December 31, 1999, and until March 31, 2000, for rural electric cooperatives. El Paso Electric Company, Public Service Company of New Mexico (PNM), Texas-New Mexico Power Company, New Mexico Industrial Energy Consumers, Southwestern Public Service Company and the New Mexico Attorney General intervened. We review only the Countys contention that the Commissions action violated the principle of separation of powers. We do not disturb the Commissions order.

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