May 2, 2023
Indivisible Albuquerque, a progressive activist group, sent a letter urging the City of Albuquerque and Bernalillo County officials to file a brief with the New Mexico Supreme Court on behalf of the PNM ratepayers in Albuquerque and Bernalillo County.
Our letter urged the office of the Mayor and the Albuquerque City Council to request that the Court deny the Avangrid, PNM and the Public Regulation Commission's Joint Motion for Dismissal and Remand and the that Court sanction Avangrid and the PRC for their unlawful ex parte communications and for the PRC’s violation of the Open Meetings Act by approving the of the Joint Motion for Remand without giving proper public notice. A copy of the letter is attached to this press release.
In the two months since the Joint Motion was filed, it has become clear that the PRC and AvangridPNM engaged in extensive prohibited ex parte communications in reaching this agreement for the PRC to reconsider the prior denial of the merger application. In doing so, the PRC has violated the public’s trust, and we cannot rely on them to make any independent decision on our behalf, as ratepayers to PNM, about this Merger.
The ratepayers of Albuquerque and Bernalillo County depend on ethical lawful actions by the PRC which is charged with protecting us from corporate greed. The PRC is not fulfilling its constitutional duty nor is it acting in a professional manner when laws are broken, intentionally or unintentionally. The Ex Parte Communications between the PRC and Avangrid/PNM show a clear scheme to grant Avangrid/PNM another chance to obtain regulatory approval of the merger without the proper input from all parties. The violations of the Open Meetings Act demonstrates that the PRC is less concerned with the public and more concerned with doing the will of Avangrid and PNM.
We urged City and County officials to file a brief with the NM Supreme course to take swift and severe actions against PNM/Avangrid and the PRC for these unlawful actions. The Supreme Court needs to step in and address this unacceptable behavior in oter to preserve the interests of the citizens of New Mexico and more specifically, the ratepayers in Albuquerque and Bernalillo County.
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