SENATE JOINT MEMORIAL 18

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

Steven P. Neville and Rod Montoya

A JOINT MEMORIAL

REQUESTING THE NEW MEXICO LEGISLATIVE COUNCIL TO CONTRACT FOR AN INDEPENDENT OPERATIONAL STUDY OF THE PUBLIC REGULATION COMMISSION TO DETERMINE IF THE COMMISSION HAS SUFFICIENT ADVISORY STAFF TO FULFILL ITS RESPONSIBILITIES EFFICIENTLY AND EFFECTIVELY AND TO EXPLORE POSSIBLE CHANGES IN LAW THAT MAY BE NEEDED TO MAKE THE COMMISSION MORE EFFECTIVE.

     WHEREAS, the public regulation commission was established in 1999 to replace the former state corporation commission and the New Mexico public utility commission; and

     WHEREAS, the public regulation commission is a five-member elected, administrative agency created by the constitution of New Mexico and charged with the responsibility to regulate public utilities, transportation companies, transmission and pipeline companies and other public service companies in the manner provided by the legislature; and

     WHEREAS, the responsibilities of the public regulation commission have a substantial impact on the provision of essential public services to a large portion of the general public; and

     WHEREAS, the responsibilities of the public regulation commission have a substantial impact on private investment of large sums of money in the state, including money obtained from many members of the general public; and

     WHEREAS, the responsibilities of the public regulation commission have a substantial impact on the development, growth and expansion of the general welfare, business and industry of the state; and

     WHEREAS, the advisory staff of the public regulation commission may not possess the accounting, economic, financial and engineering expertise needed to properly assist and advise the commissioners in these areas that are critical to reach fully informed and proper decisions in the public interest; and

     WHEREAS, an independent operational study could be of substantial assistance to the public regulation commission to determine how to use its budget and personnel to implement effective and efficient advisory staff functions to better serve the public interest; and

     WHEREAS, an independent operational study could be of substantial assistance to the legislature to determine if any changes in law would assist in improving the operations of the public regulation commission to better serve the public interest;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the New Mexico legislative council be requested to contract for an independent operational study of the public regulation commission to determine if the commission has advisory staff with the required expertise to assist and advise the commissioners to make fully informed and proper decisions in the public interest and to explore possible changes in law that may be needed to make the public regulation commission more effective; and

     BE IT FURTHER RESOLVED that the New Mexico legislative council be authorized to have the contractor engage such experts that it deems necessary to assist in conducting the operational study and to obtain information and feedback from regulated companies, traditional intervenors and other persons knowledgeable about regulatory agency operations; and

     BE IT FURTHER RESOLVED that the public regulation commission be requested to cooperate with the contractor in conducting the operational study to the extent requested by the New Mexico legislative council; and

     BE IT FURTHER RESOLVED that the contractor report its findings and recommendations to the appropriate interim legislative committee by November 1, 2016; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the co-chairs of the New Mexico legislative council and the commissioners of the public regulation commission.

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