Court: New Mexico regulators must reconsider utility case - SFGate

Court: New Mexico regulators must reconsider utility case - SFGate: ALBUQUERQUE, N.M. (AP) - The New Mexico Supreme Court on Thursday ordered utility regulators to reconsider a 2016 decision that cleared the way for the state's largest electric provider to increase rates.
The court in its ruling found that the state Public Regulation Commission violated Public Service Co. of New Mexico's due process rights by denying the utility the ability to recoup future costs related to decommissioning the Palo Verde nuclear power plant in Arizona.
The commission had found that the utility acted imprudently in repurchasing part of the Palo Verde Nuclear Generating Station and renewing leases for power from the plant. As a result, the commission decided to limit the amount of spending on Palo Verde that PNM could recoup from customers through rates.
The court said most of the limitations outlined in the rate case were lawful, but that the commission failed to give PNM any notice at the rate hearing before deciding to exclude future decommissioning costs from rates.
"PNM was not afforded an opportunity to be heard on the issue," Justice Barbara Vigil wrote in the opinion. "Accordingly, we conclude that the commission's decision to disallow recovery of any