The New Mexico Business Coalition (NMBC) has filed two complaints with the New Mexico attorney general's office against the New Mexico Public Regulation Commission (PRC). The complaints allege that the PRC conducted meetings in secret, in violation of the New Mexico Open Meetings Act.

“This is not how public bodies should conduct themselves," Wayne Berry, member of the NMBC board of directors, said in a release. "Public officials who are being paid by the taxpayers owe New Mexicans the transparency that a public process requires.”

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 from the NMBC allege that the PRC violated the Open Meetings Act at least twice by having secret meetings on business matters, which are required 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 undermined a recommendation from one of its own hearing examiners.

“NMBC cannot stand by and watch PRC officials conduct deliberations behind closed doors on matters that impact the public,” NMBC officials said. “This is especially true when the magnitude of questionable actions taken based on staff recommendations have already had a chilling effect on economic development and slowed our economic recovery from the pandemic.”

Balderas in February committed to investigating 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 energy by 2030 and 100% non-carbon energy by 2045.

The NMBC is a statewide, nonpartisan, grassroots organization focused on improving the business environment, job growth, and quality of life for all New Mexicans, according to its website.