PNM Resources : Unopposed Joint Motion for Prehearing Conference and Variance from Second Procedural Order if Necessary

BEFORE THE NEW MEXICO PUBLIC REGULATION COMMISSION

IN THE MATTER OF THE APPLICATION	)
OF PUBLIC SERVICE COMPANY OF NEW	)
MEXICO FOR REVISION OF ITS RETAIL	)
ELECTRIC RATES PURSUANT TO ADVICE )	Case No. 22-00270-UT
NOTICE NO. 595	)
	)
PUBLIC SERVICE COMPANY OF NEW	)
MEXICO,	)
	)
Applicant	)
	)

UNOPPOSED JOINT MOTION FOR ADDITIONAL PREHEARING

CONFERENCE AND FOR VARIANCE FROM

SECOND PROCEDURAL ORDER IF NECESSARY

The New Mexico Office of the Attorney General ("NMAG"), Western Resource Advocates ("WRA"), New Energy Economy ("NEE"), County of Bernalillo County ("BernCo"), Albuquerque Bernalillo County Water Utility Authority ("ABCWUA"), New Mexico Affordable Reliable Energy Alliance ("NM AREA"), Coalition for Clean Affordable Energy ("CCAE"), Utility Division Staff, and Public Service Company of New Mexico ("PNM") (collectively, "Joint Movants") jointly move the Hearing Examiners for the scheduling of an additional prehearing conference on or after August 25, 2023 and for variance from the requirements of the Second Procedural Order issued on April 7, 2023 or alternative action.

As grounds for this Motion, Joint Movants state:

1. The Second Procedural Order provides that parties participate in at least one settlement conference on or before May 12, 2023, in order to facilitate settlement at an early point in the procedural schedule when there is sufficient time to allow for a hearing on a stipulation; and further provides that any stipulation be filed by June 23, 2023. See Decretal Paragraphs B and H.

The parties did participate in settlement conferences by that date but were unable to reach an

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agreement at that time. Nonetheless, the parties have continued to discuss several of the issues in the case.

1. Among the disputed issues in this case are ratemaking proposals and prudence recommendations made by PNM and other Joint Movants relating to the Final Order Adopting Recommended Decision with Additions issued by the Commission on June 29, 2022 ("Show Cause Order") in Case No. 19-00018-UT.
2. The parties to the Show Cause proceedings have reached an agreement that completely resolves the matters and issues disputed through the Show Cause proceedings as challenged by PNM in the Show Cause Appeal. Concurrently with the filing of this Joint Motion, the parties to the Show Cause Appeal are seeking an abeyance and remand from the Court ("Remand Motion") to allow the Commission to consider and vote on the Settlement Agreement and form of the Proposed Settlement Final Order included with the parties' Remand Motion. The Remand Motion and attachments are also attached to this Motion as Exhibit 1.
3. The settlement of the Show Cause proceedings and Show Cause Appeal will be addressed in Case No. 19-00018-UT and the Proposed Settlement Final Order if approved by the Commission will result in a final and non-appealable outcome of all the Show Cause related issues. Therefore, the Proposed Settlement Final Order would render moot any issues in this case related to the Show Cause proceedings, specifically any proposed ongoing SJGS rate treatment, prudence and ongoing authorization to issue ETA Bonds. The Joint Movants will prepare a list by document, witness, page and line number of the testimonies and exhibits that would be moot if the Proposed Settlement Final Order is approved in Case No. 19-00018-UT.
4. The Joint Movants believe that the Hearing Examiners and parties may benefit from

a prehearing conference to discuss the status of these matters and to address how Show Cause-

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related issues raised in pre-filed testimonies and exhibits might be handled during the hearing and in post-hearing pleadings so as conserve the resources of the Commission and parties and streamline the hearing and post-hearing processes. The Joint Movants expressly acknowledge that the impact for this case is conditional upon the contemplated approvals in the Show Cause proceedings and Appeal.

1. Because the Joint Movants believe that the Show Cause settlement will eliminate a significant contested issue in this case and would result in judicial economy during the hearing and post-hearing processes, the Joint Movants do not request any delay in the scheduled hearings. The Joint Movants respectfully request a variance from any portion of the Second Procedural Order that the Hearing Examiners find it is necessary or appropriate.
2. The Joint Movants contacted the parties to this proceeding, which take the following positions: City of Albuquerque, supports; Sierra Club, supports; Walmart; does not oppose; Coalition for Community Solar Access, takes not position; Kroger, does not oppose.
   WHEREFORE, the Joint Movants respectfully request that the Hearing Examiners schedule an additional prehearing conference on or after August 25, 2023 to address the matters raised in this Motion.

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Respectfully submitted this 18th day of August, 2023.

PUBLIC SERVICE COMPANY OF NEW MEXICO

/s/ Stacey J. Goodwin

Stacey J. Goodwin, Associate General Counsel

PNMR Services Company

Legal Department MS 0805

Albuquerque, NM 87158-0805

1. [e-mail]

Richard L. Alvidrez

Miller Stratvert P.A.

500 Marquette NW, Suite 1100 P.O. Box 25687

Albuquerque, New Mexico 87125

1. [e-mail]

Debrea M. Terwilliger Wilkinson Barker Knauer LLP 2138 W. 32nd Ave, Suite 300 Denver, CO 80211

Phone: [phone]

Attorneys for Public Service Company of New Mexico

ALBUQUERQUE BERNALILLO COUNTY WATER UTILITY AUTHORITY

/s/ Keith W. Herrmann

STELZNER, WINTER, WARBURTON, FLORES & DAWES, P.A.

Post Office Box 528 Albuquerque, New Mexico 87103 [phone]

Email: [e-mail]

Email: [e-mail]

Attorneys for Albuquerque Bernalillo County Water Utility Authority

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COUNTY OF BERNALILLO

/s/ Jeffrey H. Albright

Jeffrey H. Albright, Attorney JAlbright Law, LLC 201 Third St. NW, Suite 500

Albuquerque, NM 87102-4388

1. 926-4105(Direct) [e-mail]

Attorney for Bernalillo County

COALITION FOR CLEAN AND AFFORDABLE ENERGY

/s/ Cara R. LynchCharles De Saillan

25 Wildflower Way

Santa Fe, New Mexico 87506

1. [e-mail]

Cara R. Lynch

3105 San Joaquin Avenue SE

Albuquerque, New Mexico 87106

1. [e-mail]

Attorneys for Coalition for Clean Affordable Energy

NEW ENERGY ECONOMY

/s/ Mariel NanasiMariel Nanasi

300 E. Marcy Street

Santa Fe, New Mexico

1. [e-mail] Attorney for New Energy Economy

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