Southwestern Pub. Serv. Co. v. N.M. Pub. Regulation Comm'n

This decision of the Supreme Court of New Mexico was not selected for publication in
the New Mexico Appellate Reports. Refer to Rule 12-405 NMRA for restrictions on the
citation of unpublished decisions. Electronic decisions may contain computer-
generated errors or other deviations from the official version filed by the Supreme Court.

IN THE SUPREME COURT OF THE STATE OF NEW MEXICO

No. S-1-SC-37248

Filing Date: May 18, 2020

SOUTHWESTERN PUBLIC
SERVICE COMPANY,

Appellant,

v.

NEW MEXICO PUBLIC
REGULATION COMMISSION,

Appellee,

and

VOTE SOLAR,

Cross-Appellant,

and

COALITION FOR CLEAN
AFFORDABLE ENERGY,

Intervenor-Appellee.

In the Matter of Southwestern
Public Service Company's
Application for Revision of Its
Retail Rates Pursuant to Advice
Notice No. 272, New Mexico
Public Regulation Commission
Case No. 17-00255-UT

APPEAL FROM THE NEW MEXICO PUBLIC REGULATION COMMISSION
Hinkle Shanor, LLP
Jeffrey Louis Fornaciari
Dana Simmons Hardy
Santa Fe, NM

Xcel Energy Services, Inc.
Stephen Fogel
Austin, TX

Winstead PC
Ron H. Moss
Austin, TX

for Appellant

Judith Ellen Amer,
Associate General Counsel
Santa Fe, NM

for Appellee

Jason Marks Law, LLC
Jason A. Marks
Albuquerque, NM

Earthjustice
Sara Gersen
Los Angeles, CA
Charles Carter Hall
Washington, DC

for Cross-Appellant

Charles F. Noble
Santa Fe, NM

for Intervener-Appellee

New Mexico Gas Company, Inc.
Thomas M. Domme, General Counsel
Albuquerque, NM

Keleher & McLeod, P.A.
Thomas C. Bird
Clyde F. Worthen
Brian J. Haverly
Zachary Cormier
Albuquerque, NM

for Interested Party

DISPOSITIONAL ORDER OF DISMISSAL

BACON, Justice.

{1} THIS MATTER comes before the Court pursuant to NMSA 1978, Section 62-11-1
(1993). Following dismissal of the original appeal, this Court retained jurisdiction over
cross-appellant’s appeal. Having reviewed the briefs submitted to this Court, and being
otherwise fully informed on the issues and applicable law, we conclude that there is no
reasonable likelihood, under the facts before us, that a decision or formal opinion of the
Court will materially advance the law of the State. Accordingly, we dispose of this case
by nonprecedential order. See Rule 12-405(B) NMRA.

{2} Although any party to a proceeding before the commission may appeal to this
Court for a review of the commission’s final orders, see Section 62-11-1, the issues
appealed must be ripe for review. See New Mexico Indus. Energy Consumers v. New
Mexico Pub. Serv. Comm’n, 1991-NMSC-018, ¶ 7, 111 N.M. 622, 808 P.2d 592. The
final order in this case did not resolve the issue in dispute and explicitly reserved that
issue for future interpretation. In light of this Court’s ripeness determination, any
decision rendered would be advisory in nature. See Ramirez v. CYFD, 2016-NMSC-
016, ¶ 11, 372 P.3d 497 (stating that this Court does not render advisory opinions).

{3} IT IS THEREFORE ORDERED that cross-appellant’s appeal is dismissed.

{4} IT IS SO ORDERED.

JUDITH K. NAKAMURA, Chief Justice

BARBARA J. VIGIL, Justice

MICHAEL E. VIGIL, Justice

C. SHANNON BACON, Justice

DAVID K. THOMSON, Justice