MINUTES OF THE REGULAR OPEN MEETING NEW MEXICO … · 2020-07-09 · Commissioner Fischmann asked that the EPE case (item 8) be postponed to next week. Commissioner Espinoza moved,

New Mexico Public Regulation Commission June 10, 2020 Page 1

MINUTES OF THE REGULAR OPEN MEETING

NEW MEXICO PUBLIC REGULATION COMMISSION

June 10, 2020

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

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 Eugene Evans, Telecommunications Bureau

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 9:32 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.

A copy of the agenda is incorporated herewith to these minutes as Exhibit 1.


I. PLEDGE OF ALLEGIANCE/STATE PLEDGE The Pledge of Allegiance and Salute to the New Mexico Flag were recited.

II. INTRODUCTION OF SPECIAL GUESTS Commissioner Hall introduced Collin Gillespie as her new executive assistant. He just graduated from UNM Law School and has an MBA. The Commission welcomed him to the PRC.

III. CONSIDERATION AND APPROVAL OF THE AGENDA

Chair Becenti-Aguilar asked to remove the executive session. Mr. Smith agreed. It was merely a placeholder from Monday's meeting. Commissioner Fischmann asked that the EPE case (item 8) be postponed to next week. Commissioner Espinoza moved, seconded by Commissioner Byrd, to approve the agenda as amended. 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.

IV. CONSIDERATION AND APPROVAL OF PRIOR MEETING MINUTES • Minutes of May 20, 2020 Open Meeting

Commissioner Espinoza moved, seconded by Commissioner Byrd to approve the minutes of the May 20, 2020 Open Meeting 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.

V. PUBLIC COMMENT No one signed up for public comment.


VI. CONSENT ACTION ITEMS

A. Transportation Matters:

1) 20-00102-TR-M IN THE MATTER OF THE APPLICATION OF ALBUQUERQUE

INTERNATIONAL BALLOON FIRESTA, INC. FOR DECLARATION OF A TRANSPORTATION EMERGENCY PURSUANT TO THE EMERGENCY TRANSPORTATION ACT

Russell Fisk POTENTIAL ORDER APPROVING PERMIT APPLICATION UNDER THE EMERGENCY TRANSPORTATION ACT

2) 20-00108-TR-M IN THE MATTER OF THE APPLICATION PF WHC NM, LLC D/B/A ZTRIP,

FOR A CERTIFICATE TO PROVIDE NON-EMERGENCY MEDICAL TRANSPORTATION SERVICE

Carl Hans Muller POTENTIAL ORDER GRANTING CERTIFICATE B. Utility Matters 3) 19-00225-UT IN THE MATTER OF THE FORMAL COMPLAINT OF DAVID A. NEAL AND

CRISTELLA TRUJILLO-NEAL AGAINST JEMEZ MOUNTAIN ELECTRIC COOPERATIVE INC.

Judith Amer POTENTIAL ORDER DISMISSING COMPLAINT 4) 20-00121-UT IN THE MATTER OF THE PETITION OF PUBLIC SERVICE COMPANY OF

NEW MEXICO, PURSUANT TO THE EFFICIENT USE OF ENERGY ACT AND THE PUBLIC UTILITY ACT, FOR APPROVAL OF A RATE ADJUSTMENT MECHANISM TO REMOVE REGULATORY DISINCENTIVES AND ORIGINAL RIDER NO 52

Michael Smith POTENTIAL ORDER ASSIGNING HEARING EXAMINDER 5) 20-00124-UT IN THE MATTER OF PUBLIC SERVICE COMPANY OF NEW MEXICO'S

RENEWABLE ENERGY ACT PLAN FOR 2021 AND PROPOSED 2021 RIDER RATE UNDER RATE RIDER NO. 36

Michael Smith POTENTIAL ORDER ASSIGNING HEARING EXAMINER AND SUSPENDING ADVICE NOTICE

Mr. Smith read the case captions under Consent Action.


Commissioner Espinoza moved, seconded by Commissioner Byrd to adopt the orders for these five consent action cases. 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. So Ordered.

VII. REGULAR ACTION ITEMS A. Transportation Matters: 6. 18-00374-TR-EN IN THE MATTER OF THE FORMAL COMPLAINT OF CRYSTAL C. WINTERS

AGAINST SUPERIOR AMBULANCE SERVICE, INC. D/B/A SUPERIOR MEDICAL TRANSPORT; WE CARE TRANSPORTATION; AND AN ANGEL'S TOUCH

Judith Amer POTENTIAL ORDER TO SHOW CAUSE OR, IN THE ALTERNATIVE, ORDER ASSIGNING HEARING EXAMINER

Ms. Amer presented information regarding this matter which comes upon the formal complaint of Crystal Winters, originally in December 2018 and then formally on May 19. The Commission discussed the allegations in February 2019, and she would not go through all of them. On February 26, the Commission issued an order after careful and comprehensive allegations were investigated. A ride given on May 4, 2018 by Superior and one on January 28, 2018 by We Care. The driver, Mr. Chavez' personnel file was studied, and on March 7,2020, the investigator filed a report with numerous exhibits and testimony. He concluded with the need to issue a show cause. She read his conclusions. He found no evidence to support Ms. Winter's allegation. He was unable to interview Mr. Candelaria, driver. He found some regarding Angel Touch. She had filed complaints that the investigator found true and found several other complains that she was picked up late and caused her to get to her appointment late. Steve Chavez, driver, was interviewed and downplayed the situation. He denied driving erratically or too fast but did not deny the conditions of the road. But Ms. Winters was believed because five others also complained about this driver. The investigator believed Mr. Chavez should not drive passengers any longer. Superior has a contract with Presbyterian to transport clients. Those problems seem to be a chronic issue. Patients are delivered late often. There have been many complaints against Superior on their transports. The motor carriers are violating the rules over and over and nothing is done. The MCA requires plans. There are no checks and balances because the motor carriers are not called to account for their violations.


The proposed order finds probable cause for violation of the MCA and sufficient evidence to require a show cause before a Hearing Examiner so that Superior can answer the allegations. The order dismisses Angel Touch (now called Shuttle Ruidoso) because no probable cause of violation of the MCA was determined. Shuttle Ruidoso was not a party to this case. 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 Hall, Commissioner Espinoza, Commissioner Fischmann and Commissioner Becenti-Aguilar voting in the affirmative and none voting against. So Ordered.

B. Utility Matters: 7) 20-00104-UT IN THE MATTER OF THE APPLICATION OF EL PASO ELECTRIC COMPANY

FOR REVISION OF ITS RETAIL ELECTRIC RATES PURSUANT TO ADVICE NOTICE NO. 268

Russell Fisk POTENTIAL ORDER SUSPENDING ADVICE NOTICE AND APPOINTING HEARING EXAMINER

Mr. Fisk presented information to the Commission regarding this matter on EPE's rate case. In a separate docket last year, the Commission ordered them to file within three months (acquisition of private equity fund). The deadline would be June 11 (from March 11 final order). So it has been timely filed and he forwarded it when received. The proposed order would suspend the proposed rates in the advice notice for period of nine months, which would be until March 28, 2021. Under the PUA, the Commission can extend the suspension for another three months but usually is just for nine months. EPE asked that it be approved prior to March 28. Carolyn Glick was to be appointed as the HE. Mr. Fisk provided a brief description of the application, based on the 2018 year. EPE seeks an increase of $7.4 million but, if granted as is, it would be $8.679 million increase. There were no questions. Commissioner Espinoza 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.

8) 18-00116-UT APPLICATION OF EL PASO ELECTRIC COMPANY FOR APPROVAL OF 2018 ENERGY EFFICIENCY AND LOAD MANAGEMENT PLAN, UTILITY INCENTIVE AND REVISED RTE NO. 17 EFFICIENT USE ENERGY RECOVERY FACTOR

Russell Fisk POTENTIAL ORDER CONCNERING EPE'S MOTION TO MODIFY ITS EE/LM PLAN WITH REGARD TO EPE'S RESIDENTIAL LOAD MANAGEMENT PROGRAM

This matter was removed from the agenda, to be considered next week.

9) 20-00126-UT IN THE MATTER OF THE VERIFIED PETITION OF KIT CARSON ELECTRIC

COOPERATIVE, INC., AND KIT CARSON INTERNET FOR DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER

Russell Fisk POTENTIAL ORDER FOR EXPEDITED PROCEDURAL SCHEDULE

Mr. Fisk presented information regarding this matter to the Commission. He said KCEC asked to be considered ETC for ability to receive USF funds. The requirement for use of the fund is only for ETCs. It was done last year with Plateau and he would bring that case next week. This one deals only with KCEC. They asked for an expedited procedure and only for the areas they currently serve for broadband funding. Commissioner Espinoza asked how many of those who applied are currently providing broadband. Mr. Fisk said he had not reviewed the applications but would find out. Mr. Fisk said any who are not designated as an ETC would not be eligible. KCEC is asking for the ETC designation to be expedited so they could have some facilities in place by fall this year. Ms. Carol Clifford (their attorney) called him and said it had been done in the past within one to one and a half months. KCEC asked for that schedule with a hearing on June 29. She asked that the Commission approve the request today. July 1 would be the deadline for any intervenor comment. That model could be used. In a separate docket, Staff can communicate freely with the applicant to clarify things. There is not any ex parte in this matter. And Mr. Evans did have questions on what parts needed to be expedited.


Chair Becenti-Aguilar noted that we do have experts on staff and asked if Mr. Evans was on the phone. He was. Chair Becenti-Aguilar asked him to clarify the petition. Mr. Evans said he talked with the Project Manager, Jose Lovato, about the structure and financials. He found the project would be 18 months long with 12 months for construction and the other six for paperwork to be completed. He also found 12 residences are ready to be connected now. Commissioner Espinoza asked how many are already connected. Mr. Evans did not know. It was his impression that, outside of the funds program, nothing was connected. Commissioner Espinoza noted there was an emergency need now with COVID and kids out of school. She thought some were already connected for seniors. Mr. Evans said that would need to be addressed by KCEC. Commissioner Espinoza wondered if KCEC could answer questions. Mr. Fisk said the Commission usually doesn't allow responses. This is a petition docket and we have heard from Staff in a separate docket. Carol Clifford could respond to what Mr. Evans was saying. Ms. Clifford was online. She reported KCEC has 140 connected. They want connections for first responders and others working on COVID concerns. Commissioner Espinoza said it was unclear how many connections had been made without this funding. There might be other questions. Commissioner Fischmann asked about the time frame which was given as 18 months. He thought they were trying to get this done in less time. Ms. Clifford said they thought with approval by end of July, they could get construction finished before winter and it would leave 400 to be connected. Commissioner Fischmann observed their speed is very fast - 25/25 up and down.


Ms. Clifford agreed. The engineering staff is working closely with Mr. Evans. She would get back with him and make sure all questions are answered. We are also working with Mike Ripperger. Commissioner Hall said she didn't catch whether the 400 connections would be completed before winter. Ms. Clifford said that is their hope. Those are expectations and could be clarified. Mr. Evans understood it would be interrupted by weather for the infrastructure and the number already installed was not specified. The application does not indicate that. Commissioner Hall understood that KCEC was going ahead with putting lines in and that is a commendable act. It is reasonable to get some funding for their effort. She would like to hear later on the number of lines that were to get connected. Mr. Evans said the application indicated that 550 had been requested to be connected. Commissioner Espinoza observed that it is a worthy cause and if they are motivated enough, they should get some funding. The application seems to have been here for months already. The broadband fund was created for this purpose and if we cannot provide that service, maybe we should change our mission statement. Commissioner Fischmann agreed. What is very attractive about their project is the quality of the connection they propose. And it is low cost compared to some others. There is some confusion on the stats that need to be clarified. He saw the need to come up with a solution to expedite it as requested. We have some work to get clear on the project but should try to expedite the process for qualification of KCEC. Chair Becenti-Aguilar asked if KCEC got $48.8 million from the FCC. Mr. Evans knew they had some amount received. Chair Becenti-Aguilar quoted what they had requested. She understood they had sought funding before. Mr. Evans did not have that information. He thought that was their original request to federal FCC was done in 2010. Commissioner Espinoza agreed. It was in 2010 and that was from the federal government, not the state.


Mr. Evans said that $48.8 million was correct. Chair Becenti-Aguilar opined that is a huge chunk of money and now there is an application for more. They also got $10 million for expanding their fiber network. Staff members should still do some research and find out how much has been spent already. Our job is to regulate the coops. That is what we were elected for. Commissioner Fischmann thought it sounded like a legitimate concern and possible double dipping here. There could be a concern whether the money we give would not provide legitimate connections. Chair Becenti-Aguilar was concerned that they have already gotten $48.8 million and spent $10 million more. Commissioner Fischmann agreed we should be looking to make sure we are not overfunding a vendor. If the funds are truly funding a new project and is a needed project, it is proper. It is a good question and gets at what Commissioner Espinoza was asking whether it would not otherwise be served without this funding. Commissioner Espinoza pointed out that it is also an emergency need during COVID. Commissioner Byrd suggested if this is for new construction, we should move forward but we need to know what is going on. Commissioner Byrd moved, seconded by Commissioner Espinoza, to approve the order as presented. The motion was approved on a 4-1 roll call vote with Commissioner Byrd, Commissioner Hall, Commissioner Espinoza, and Commissioner Fischmann voting in the affirmative and Commissioner Becenti-Aguilar voting against. Mr. Fisk asked them to put July 29 as the Hearing before the Commission. He would provide more details later in the afternoon. Commissioner Hall noted all Commissioners got an email about how a 1942 regulation prevented coops from providing anything other than electricity. They are all now asking for broadband support. It would be wonderful if all coops could offer broadband. She suggested everyone look at that email. Commissioner Fischmann pointed out that KCEC and Continental Divide are moving forward on this and it is a great service to their customers. He also encouraged coops to look at that service who have much infrastructure in place to use. It is a very cost effective way to provide broadband.


Commissioner Espinoza agreed with Commissioner Fischmann. Those that are taking the bull by the horns - KCEC has won several awards for their work and moving their organization forward. Some also have provided propane. The competition is good and many small coops are doing a good job.

VIII. PUBLIC COMMENT

Mr. Montoya said there were no sign ups. IX. COMMUNICATIONS WITH CHIEF OF STAFF

Mr. Montoya hoped everyone had a chance to read his memo. He reported a 90-day extension to Sept 30, 2020 for the offices in the PERA Building. Chair Becenti-Aguilar asked if it is in writing. Mr. Montoya said no. Teresa Casados stated it in a zoom meeting. He would request it in writing. He is working on getting everything in writing. He understood 48 employees were to remain per the last agreement and the rest would move. This was the first we have heard of the 90-day extension. He thanked Ms. Amer for getting that considered. Mr. Montoya said regarding the possible funding through a SBOF process, that there is no guarantee, but it sounds like we would have a loan through the legislative process to get money for the lease costs. We are not going to sign a lease until we are certain. It will be placed before SBOF in July (before the Sept deadline) and he will make that request before them. If a commercial space is available and what costs, etc. it will be provided per the Governor request that that information in July. He, Jim Williamson, Michael Smith, and Judith Amer would make that presentation. It will provide clearer detail. So this is a little relief and we will continue to work on it. He informed the Commission about a conversion from land lines to cell phone service and the likelihood that some staff will telework much longer. The information will be distributed to all staff.

VII. COMMUNICATIONS WITH GENERAL COUNSEL

Mr. Smith mentioned that SBOF may put us on their June 16 agenda.


Chair Becenti-Aguilar asked if that would be a zoom meeting. Mr. Smith didn't know the details but would let the Commission know when he finds out.

VIII. COMMUNICATIONS WITH COMMISSIONERS

There were no communications with Commissioners.

IX. EXECUTIVE CLOSED SESSION

• PURSUANT TO NMSA 1978, SECTION 10-15-1(H)(7) – TO DISCUSS THREATENED AND PENDING LITIGATION MATTERS

o NMPRC Office Relocation Issues and Options

The Executive Closed Session was removed from the agenda under Approval of the Agenda.

X. ADJOURNMENT The meeting was adjourned at 10:54 a.m.


ATTEST: /s/ Carl Boaz, electronically signed Carl Boaz, Stenographer APPROVED: July 8, 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

Ileshin

Commission Seal

Open Meeting: Regular Weekly Meeting Agenda Wednesday, June 10, 2020 Page 1 of 5

NEW MEXICO PUBLIC REGULATION COMMISSION

NOTICE OF OPEN MEETING OPEN MEETING: REGULAR WEEKLY MEETING

Wednesday, June 10th, 2020 9:30 a.m.

MEETING TAKING PLACE THROUGH ZOOM ONLY

NOTICE: DUE TO COVID-19 RESTRICTIONS CURRENTLY IN PLACE THIS MEETING WILL BE HELD THROUGH ZOOM ONLY. ALL MEMBERS OF THE PUBLIC WILL BE ABLE TO CONNECT TO THIS MEETING THROUGH ZOOM. INSTRUCTIONS ON HOW TO ACCESS THE MEETING THROUGH ZOOM AND HOW TO SIGN UP FOR PUBLIC COMMENT WILL BE POSTED AT THE NMPRC WEBSITE http://www.nmprc.state.nm.us/ OR CAN BE ACCESSED BY CLICKING THE LINK BELOW.

CLICK HERE FOR INSTRUCTIONS ON CONNECTING TO MEETING THROUGH ZOOM

AGENDA

I. PLEDGE OF ALLEGIANCE/STATE PLEDGE

II. INTRODUCTION OF SPECIAL GUESTS

III. CONSIDERATION AND APPROVAL OF THE AGENDA

IV. CONSIDERATION AND APPROVAL OF PRIOR MEETING MINUTES • Minutes of May 20, 2020 Open Meeting

V. PUBLIC COMMENT

VI. CONSENT ACTION ITEMS


1) 20-00102-TR-M

Russell Fisk IN THE MATTER OF THE APPLICATION OF ALBUQUERQUE INTERNATIONAL BALLOON FIESTA, INC. FOR DECLARATION OF A TRANSPORTATION EMERGENCY PURSUANT TO THE EMERGENCY TRANSPORTATION ACT POTENTIAL ORDER APPROVING PERMIT APPLICATION UNDER THE EMERGENCY TRANSPORTATION ACT

EXHIBIT 1

http://www.nmprc.state.nm.us/

http://www.nmprc.state.nm.us/docs/4-14-20%20Instructions%20on%20How%20to%20Attend%20Open%20Meetings%20Through%20Zoom.pdf


2) 20-00108-TR-M Carl Hans Muller

IN THE MATTER OF THE APPLICATION OF WHC NM, LLC D.B.A ZTRIP, FOR A CERTIFICATE TO PROVIDE NON-EMERGENCY MEDICAL TRANSPORT SERVICE POTENTIAL ORDER GRANTING CERTIFICATE

B. Utility Matters:

3) 19-00225-UT Judith Amer

IN THE MATTER OF THE FORMAL COMPLAINT OF DAVID A. NEAL AND CRISTELLA TRUJILLO-NEAL AGAINST JEMEZ MOUNTAIN ELECTRIC COOPERATIVE INC. POTENTIAL ORDER DISMISSING COMPLAINT

4) 20-00121-UT Michael Smith

IN THE MATTER OF THE PETITION OF PUBLIC SERVICE COMPANY OF NEW MEXICO, PURSUANT T O THE EFFICIENT USE OF ENERGY ACT AND THE PUBLIC UTILITY ACT, FOR APPROVAL OF A RATE ADJUSTMENT MECHANISM TO REMOVE REGULATORY DISINCENTIVES AND ORIGINAL RIDER NO. 52 POTENTIAL ORDER ASSIGNING HEARING EXAMINER

5) 20-00124-UT Michael Smith

IN THE MATTER OF PUBLIC SERVICE COMPANY OF NEW MEXICO'S RENEWABLE ENERGY ACT PLAN FOR 2021 AND PROPOSED 2021 RIDER RATE UNDER RATE RIDER NO. 36 POTENTIAL ORDER ASSIGNING HEARING EXAMINER AND SUSPENDING ADVICE NOTICE


VII. REGULAR ACTION ITEMS


6) 18-00374-TR-EN Judith Amer

IN THE MATTER OF THE FORMAL COMPLAINT OF CRYSTAL C. WINTERS AGAINST SUPERIOR AMBULANCE SERVICE, INC. D/B/A SUPERIOR MEDICAL TRANSPORT; WE CARE TRANSPORTATION; AND AN ANGEL’S TOUCH POTENTIAL ORDER TO SHOW CAUSE OR, IN THE ALTERNATIVE, ORDER ASSIGNING HEARING EXAMINER

B. Utility Matters:

7) 20-00104-UT

Russell Fisk IN THE MATTER OF THE APPLICATION OF EL PASO ELECTRIC COMPANY FOR REVISION OF ITS RETAIL ELECTRIC RATES PURSUANT TO ADVICE NOTICE NO. 268 POTENTIAL ORDER SUSPENDING ADVICE NOTICE AND APPOINTING HEARING EXAMINER

8) 18-00116-UT Russell Fisk

APPLICATION OF EL PASO ELECTRIC COMPANY FOR APPROVAL OF 2018 ENERGY EFFICIENCY AND LOAD MANAGEMENT PLAN, UTILITY INCENTIVE AND REVISED RATE NO. 17 EFFICIENT USE ENERGY RECOVERY FACTOR POTENTIAL ORDER CONCERNING EPE’S MOTION TO MODIFY ITS EE/LM PLAN WITH REGARD TO EPE’S RESIDENTIAL LOAD MANAGEMENT PROGRAM


9) 20-00126-UT Russell Fisk

IN THE MATTER OF THE VERIFIED PETITION OF KIT CARSON ELECTRIC COOPERATIVE, INC. AND KIT CARSON INTERNET FOR DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER POTENTIAL ORDER FOR EXPEDITED PROCEDURAL SCHEDULE

VIII. PUBLIC COMMENT

IX. COMMUNICATIONS WITH CHIEF OF STAFF

X. COMMUNICATIONS WITH GENERAL COUNSEL

XI. COMMUNICATIONS WITH COMMISSIONERS

XII. EXECUTIVE CLOSED SESSION

• PURSUANT TO NMSA 1978, SECTION 10-15-1(H)(7) – TO DISCUSS THREATENED AND PENDING LITIGATION MATTERS

o NMPRC Office Relocation Issues and Options

XIII. ADJOURNMENT To obtain a copy of this agenda please log in the Commission’s website at www.nmprc.state.nm.us. The Commission will make reasonable efforts to post the agenda on the Commission’s website at least 72 hours before the open meeting, but the inability to do so within the 72 hours prior, will not require the Commission to delay the meeting or to refrain from taking action on any agenda item on which it otherwise could act. At any time during the Open Meeting the Commission may close the meeting to the public to discuss matters not subject to the New Mexico Open Meetings Act. The Commission may revise the order of the agenda items considered at this open meeting. Notice is hereby given that the Commission may request that any party answer clarifying questions or provide oral argument with respect to any matter on the agenda. If the Commission makes such a request, any party present at the meeting, either in person or by telephone, shall have an equal opportunity to respond to such questions or argument. In the event a party whose case is on the agenda chooses not to appear, the absence of that party shall not cause such discussion or argument to become ex-parte communications.

http://www.nmprc.state.nm.us/


PERSONS WITH DISABILITIES

ANY PERSON WITH A DISABILITY REQUIRING SPECIAL ASSISTANCE IN ORDER TO PARTICIPATE IN THIS PROCEEDING SHOULD CONTACT THE OFFICE OF DIRECTOR OF ADMINISTRATIVE SERVICES OF THE COMMISSION AT (505) 827-4042 AS SOON AS POSSIBLE PRIOR TO THE COMMENCEMENT OF THE OPEN MEETING.

PUBLIC COMMENT All members of the public wishing to provide public comment must sign a sign-up sheet

prior to the start of the meeting and identify their name and the name of the organization they represent (if any), and the topic or issue on which they desire to comment. The portion of the agenda allocated for public comment at any one open meeting shall be limited to a maximum of 30 minutes for all persons wishing to provide comment. The order of speakers will be based on the order in which speakers sign up, but public officials may be taken out of order. If a speaker is not present at the time he or she is called to provide comment, that speaker shall forfeit their opportunity to speak. Public comment by an individual or entity shall be limited to no more than three (3) minutes unless the Commission acts to extend the period. If the number of individuals on the sign-up sheet desiring to provide comment would exceed the allotted 30-minute period, the Chair may limit individual remarks to a shorter time period. Individuals represented by or representing a common organization or association may be asked to select one individual to act as spokesperson to speak for the group. Individuals who sign up to comment, but either fail to do so or choose to speak for less than their allotted time, may not cede or yield their time to another speaker. Written comments of individuals who cannot be physically present may not be read aloud at the meeting but may be submitted to the Commission.

The subject matter of public comments shall be relevant to matters within the Commission’s jurisdiction. Public comment will not be permitted on pending rulemaking proceedings before the Commission once the opportunity for public comment in those proceedings has closed. Public comment by parties to a proceeding or adjudication pending before the Commission will not be permitted where the comment concerns matters at issue in such proceeding. The Chair shall retain the right to stop any speaker who raises an issue that is not under the Commission's jurisdiction or is subject to the restrictions above. Public comment will be received without Commission comment or response. However, individual Commissioners may at their option seek clarification or additional information from speakers through the Chair. No speakers will be accommodated after the public comment portion of the agenda has closed. The Chair retains the right to exercise discretion in the implementation of this policy and may override the above rules in case of emergency or other unforeseen circumstances.

Speakers providing comment shall at all times conduct themselves in accordance with proper decorum. Profane or vulgar language or gestures will not be tolerated. Audience members shall not disrupt an open meeting by speaking without being recognized by the Commission and shall not incite others to do so. The Commission retains the right to remove disruptive attendees and individuals who fail to conduct themselves in accordance with these provisions from the Commission meeting.

Documents

MINUTES OF THE REGULAR OPEN MEETING NEW MEXICO … · 2020-07-09 · Commissioner Fischmann asked that the EPE case (item 8) be postponed to next week. Commissioner Espinoza moved,