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New Energy Economy, Inc. v. New Mexico Public Regulation Commission

Filing Date: 2016
Case Categories:
  • State Law Claims
    • Utility Regulation
Principal Laws:
State Law—Utilities Laws, New Mexico Efficient Use of Energy Act
Description: Challenge to the New Mexico Public Regulation Commission's approval of a utility's plans for replacement generation for two units to be retired at coal-fired plant.
  • New Energy Economy, Inc. v. New Mexico Public Regulation Commission
    Docket number(s): S-1-SC-35697
    Court/Admin Entity: N.M.
    Case Documents:
    Filing Date Type File Action Taken Summary
    03/05/2018 Opinion Download Opinion issued affirming PRC order. New Mexico Supreme Court Upheld Plan to Replace Generation from Retired Coal-Fired Units with Nuclear Generation and Coal Power from Different Unit. The New Mexico Supreme Court upheld the New Mexico Public Regulation Commission’s approval of a contested stipulation allowing a utility to replace generation from two units at a coal-fired power plant that were being retired with generation from another coal-fired unit at the power plant and with generation from a nuclear plant. The court was not persuaded by the arguments of the appellant—a non-profit organization founded to “build a carbon-free energy future for our health and the environment”—that the utility had failed to consider less costly and less risky renewable resources as replacement generation and that the costs assigned to solar and wind generation facilities were inappropriate. The court said it would not guess a hearing examiner’s findings on these issues.

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

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