BEFORE THE NEW MEXICO PUBLIC REGULATION COMMISSION IN THE MATTER OF PROTESTS TO THE 2011 PNM INTEGRATED RESOURCE PLAN)
Case No. 11-00317-UT
PROCEDURAL ORDER THIS MATTER comes before the Hearing Examiner in this proceeding pursuant to NMSA 1978,8-8-14 and New Mexico Public Regulation Commission (Commission or NMPRC) Rules of Procedure 1.2.2.24 and 1.2.2.29 of the New Mexico Administrative Code (NMAC). Being fully informed of the premises, the Hearing Examiner FINDS and CONCLUDES:
I. On July 18, 20 II, the Public Service Company of New Mexico ("PNM H) filed an Integrated Resource Plan (HIRPH) pursuant to 17.7.3.12(A) NMAC outlining the utility's plan to meet New Mexico jurisdictional retail customers' existing and future demand for the period 20 II through 2030 in accordance with the Commission's energy efficiency rule.
2. On August 17, 2011, two protests were filed against the IRP. The first was filed by New Energy Economy. The second was filed by the Coalition for Clean Affordable Energy, Natural Resources Defense Council, Rio Grande Chapter of The Sierra Club, San Juan Citizens Alliance, and Western Resource Advocates (“CCAE Protestors”).
3. On August 25, 2011, the Commission issued an Initial Order determining that the protests demonstrate that a hearing on the PNM IRP is necessary, that the Commission should set the PNM IRP for a hearing and established a proceeding to consider PNM's 20II IRP and the Protests thereto.
4. On October 4, 2011, the Commission issued an Order Establishing Procedure in which the Commission stated that it would appoint a hearing examiner to preside over this casc and issue a recommended decision on the merits.
5. On October 17,2011, the Commission issued an Order Appointing Hearing Examiner designating the undersigned as Heating Examiner, to preside over this matter, to take all action necessary and convenient thereto within the limits of the Hearing Examiner's authority, to conduct any necessary hearings, to submit either a Recommended Decision containing proposed findings of fact and conclusions of law or a Certification of Stipulation, regarding this cause to the Commission, and to take any other action in this case that is consistent with Commission procedure.
6. On October 17, 2011, the Commission also issued an Order Designating Mediator which appointed William J. Hcrrmann as mediator in the event that two or more of the parties moves for the appointment of a mediator to pursue alternative dispute resolution consistent with the objective of facilitating a voluntary resolution among the parties of all or some of the issues in controversy.
7. Pursuant to an order of the Hearing Examiner issued on October 20, 2011, a prehearing conference was held in this matter on November I, 2011. Participating in the conference were representatives of PNM, New Energy Economy, the CCAE Protestors, New Mexico Industrial Energy Consumers, the U.S. Department of Energy and Staff of the Commission's Utility Division ("Staff").
8. PNM and several parties at the pre-hearing conference stated their intent to file a Motion within the next several days requesting mediation in accordance with the Commission's October 17 Order. Accordingly, a limited schedule was discussed for the purpose of providing
public notice and the opportunity for intervention to facilitate the mediation. The Hearing Examiner also asked the parties to email any additional names of individuals they request be included in the initial electronic service list for this proceeding.
IT IS THEREFORE ORDERED:
A. PNM shall cause, at its sole expense, a copy of the Notice of Proceeding appended to this Order as Attachment A to be published once in the Albuquerque Journal, Alamogordo News, Santa Fe New Mexican, Silver City Sun News, Deming Headlight, and Clayton Union County Leader on or before November 9, 2011. PNM shall promptly file affidavits reflecting such publication and posting with the Commission.
B. Any person who desires to become a party to this case shall file a Motion for Leave to Intervene with the Commission in conformity with I.2.2.23(A) and (B) NMAC on or before December 12, 20II.
C. A further Procedural Order will be issued with a further procedural schedule upon receipt of a report of results from the anticipated mediation.
D. This Procedural Order, with the attached Notice, is being e-mailed to each individual on the Commission's attached current service list for the IRP process as modified with the additional names presented by the parties.
E. Subject to subsequent revision pursuant to 1.2.2.1 O