The New Mexico Business Coalition (NMBC) has recently filed two complaints against the New Mexico Public Regulation Commission (PRC) for what it calls "egregious" violations of the New Mexico Open Meetings Act.
NMBC filed the complaints as Attorney General Hector Balderas previously indicated he is investigating the PRC's actions regarding the state's electric generation capacity in the face of possible rolling blackouts during the 2022 and 2023 peak months.
The complaints allege that the PRC violated the Open Meetings Act at least twice by meeting in secret on business meant to be open to the public. In one instance that the NMBC described as "egregious," the PRC went into a closed session for several hours and – according to the NMBC – it undermined a recommendation from one of its own hearing examiners.
"On two separate occasions the Commission violated the Open Meetings Act 'deliberating' in secret on matters that should have been open to the public," NMBC said in a statement. "One instance was so egregious that the commission spent four hours in a closed session undermining a recommended decision by one of their own hearing examiners. NMBC hopes that by bringing these complaints forward it will aid the Attorney General in his efforts and help broaden the scope of his investigation into other issues."
In February 2022, Balderas committed to investigate the PRC's role as a bottleneck in greenlighting needed electric generation capacity to avoid rolling blackouts, according to the Albuquerque Journal.
New Mexico is set to close the coal-fired San Juan Generating System, and the Public Service Company of New Mexico (PNM) announced solar projects meant to replace its capacity will not be completed by June 30, when the coal plant will be shuttered.
The Albuquerque Journal previously reported that this incident raises questions and risks about the best way forward as the state races to transform the power grid to 80% renewable by 2030 and 100% non-carbon by 2045.
The New Mexico Business Coalition (NMBC) is a statewide, nonpartisan, grassroots organization focused on improving the business environment, job growth, and quality of life for all New Mexicans.