BEFORE THE NEW MEXICO PUBLIC REGULATION COMMISSION
IN THE MATTER OF THE APPLICATION OF PUBLIC)
SERVICE COMPANY OF NEW MEXICO FOR)
APPROVAL ELECTRIC ENERGY EFFICIENCY PROGRAM)Case No. 12-00317-UT
COST TARIFF RIDER PURSUANT TO THE NEW MEXICO)
PUBLIC UTILITY ACT AND THE EFFICIENT USE OF )
PUBLIC SERVICE COMPANY OF NEW MEXICO,)
ORDER DENYING WILLIAM PAYNE, JAMES AND NICHOL BROWN, AND ABELARDO SUNIGA’S MOTIONS TO INTERVENE
This matter comes before Frances I. Sundheim, Hearing Examiner for the New Mexico Public Regulation Commission (“Commission”), upon the Response in Opposition to the Motions to Intervene (“Response”) filed by Public Service Company of New Mexico (“PNM”) on January 16, 2013. The Hearing Examiner FINDS AND CONCLUDES:
1.On October 5, 2013, PNM filed its Application for Approval of 2012 Electric Energy Efficiency and Load Management Program Plan and Revisions to Tariff Rider (“Application”). In the Application, PNM seeks Commission approval to implement five new programs beginning in May 2013; revise the budgets for nine existing programs; to discontinue an existing program; and for a profit incentive for all programs pursuant to the New Mexico Renewable Energy Act.
2.On November 8, 2013, the Hearing Examiner issued a Procedural Order which, among other things (i) ordered PNM to cause a copy of the Notice appended to the Procedural Order to be published in a newspaper of general circulation available in every county where PNM provides service on or before mid November 2012; (ii) ordered PNM to cause a copy of the Notice to be mailed or e-mailed to all of its current customers; (iii) set a December 31, 2012 intervention deadline; (iv) set a January 23, 2013 deadline for filing Staff/Intervenor Testimony; and (v) scheduled a public hearing to begin on February 11, 2013.
4.On January 3, 2013, William Payne, Abelardo Suniga, and James and Nichol Brown (“Movants”) filed with the Commission their Motions for Leave to Intervene and Request for Discovery (“Motion for Leave to Intervene”). It is unclear whether these Motions were served on the parties in this matter.
5.Mr. Payne’s Motion for Leave to Intervene states that the natures of Mr. Payne’s interests in this case are:
A.To report the proceedings of Case NO. 12-00317-UT on the internet so that the New Mexico public understands the PRC.
B.Expose unintelligence and incompetence at the PRC and New Mexico state government.
6.The Motions for Leave to Intervene of Abelardo Suniga and James and Nichol Brown provide no statement of movants’ interests in the proceedings.
7. All of the Motions were filed after the deadline for intervention of December 31, 2012.
8. When a motion for leave to intervene is contested, the presiding officer may grant the intervention if it appears after consideration that the motion discloses that: (a) the movant possesses a substantial interest in the subject matter of the public hearing; (b) participation of the movant is substantially in the public interest; or (c) the intervention presents no undue prejudice to the other parties. 220.127.116.11(D)(2) NMAC.
7.In its Response to Mr. Payne’s Motion for Leave to Intervene, PNM asserts that Mr. Payne’s Motion does not indicate any interest in the actual subject matter of this proceeding. PNM argues that the interests identified by Mr. Payne, set forth above in Paragraph 5, demonstrate no basis for granting his Motion. PNM further argues that granting Mr. Payne’s Motion for Leave to Intervene would likely cause undue prejudice to the existing parties and unduly delay the proceedings. Accordingly, PNM asserts that Mr. Payne’s Motion should be denied. PNM asserts that the other Movants have provided no statement detailing their interest in the proceeding as required by Section 18.104.22.168.A(1) NMAC. All motions were filed after the deadline for intervention and leave to file the motions out of time was not requested, pursuant to Section 22.214.171.124.D(3) NMAC.
8.PNM is correct that Mr. Payne’s Motion for Leave to Intervene does not indicate any interest in the actual subject matter of this proceeding, and the other Movants provide no statement of interest. Based on the interests identified in the Motion, Mr. Payne does not possess a substantial interest in the subject matter of the public hearing in this case nor is his participation substantially in the public interest. To the contrary, his intervention would interject extraneous issues into this case that might delay the case and result in prejudice to the other parties. Accordingly, Mr. Payne’s Motion for Leave to Intervene should be denied.
9.PNM is correct that Abelardo Suniga and John and Nichol Brown have made no statement of interest in the case, and have also filed out of time. Accordingly, Abelardo Suniga and John and Nichol Brown’s Motions for Leave to Intervene should be denied.
IT IS THEREFORE ORDERED:
A.William Payne’s Motion for Leave to Intervene is denied.
B.Abelardo Suniga and John and Nichol Brown’s Motions for Leave to Intervene are denied.
C.This Order is effective immediately.
C.This Order shall be served on all persons on the attached Certificate of Service.
Issued at Santa Fe, New Mexico on January 22, 2013.
NEW MEXICO PUBLIC REGULATION COMMISSION
Frances I. Sundheim