SENATE BILL 49

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Stephen H. Fischmann

AN ACT

RELATING TO THE PUBLIC REGULATION COMMISSION; AMENDING SECTIONS OF THE PUBLIC REGULATION COMMISSION ACT TO PROVIDE FOR PUBLIC ACCESS TO INFORMATION REGARDING PUBLIC REGULATION COMMISSION CASES AND RULEMAKING.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 8-8-4 NMSA 1978 (being Laws 1998, Chapter 108, Section 4) is amended to read:

     "8-8-4. COMMISSION--GENERAL POWERS AND DUTIES.--

          A. The commission shall administer and enforce the laws with which it is charged and has every power conferred by law.

          B. The commission may:

                (1) subject to legislative appropriation, appoint and employ such professional, technical and clerical assistance as it deems necessary to assist it in performing its powers and duties;

                (2) delegate authority to subordinates as it deems necessary and appropriate, clearly delineating such delegated authority and any limitations;

                (3) retain competent attorneys to handle the legal matters of the commission and give advice and counsel in regard to any matter connected with the duties of the commission and, in the discretion of the commission, to represent the commission in any legal proceeding;

                (4) organize into organizational units as necessary to enable it to function most efficiently, subject to provisions of law requiring or establishing specific organizational units;

                (5) take administrative action by issuing orders not inconsistent with law to assure implementation of and compliance with the provisions of law for which the commission is responsible and to enforce those orders by appropriate administrative action and court proceedings;

                (6) conduct research and studies to improve the commission's operations or the provision of services to the citizens of New Mexico;

                (7) conduct investigations as necessary to carry out the commission's responsibilities;

                (8) apply for and accept grants and donations in the name of the state to carry out its powers and duties;

                (9) enter into contracts to carry out its powers and duties;

                (10) adopt such reasonable administrative, regulatory and procedural rules as may be necessary or appropriate to carry out its powers and duties;

                (11) cooperate with tribal and pueblo governments on topics over which the commission and the other governments have jurisdiction and conduct joint investigations, hold joint hearings and issue joint or concurrent orders as appropriate; and

                (12) apply to the district court for injunctions to prevent violations of any laws that it administers or rules or orders adopted pursuant to those laws.

          C. The commission shall:

                (1) prepare an annual budget for submission to the legislature;

                (2) provide for surety bond coverage for all employees of the commission as provided in the Surety Bond Act and pay the costs of such bonds;

                (3) adopt rules to streamline the resolution of cases before it when appropriate by:

                     (a) the use of hearing examiners;

                     (b) the taking of evidence with the least delay practicable;

                     (c) limiting repetitious testimony; and

                     (d) adopting procedures for resolving cases in ways other than by trial-type hearings when appropriate, including consent calendars, conferences, settlements, mediation, arbitration and other alternative dispute resolution methods and the use of staff decisions; [and]

                (4) provide a toll-free telephone number and publish it and the commission's general telephone number in local telephone directories; and

                (5) adopt rules and procedures to post information about cases before the commission on the sunshine portal of the department of information technology pursuant to rules of the Sunshine Portal Transparency Act or a link to the sunshine portal.

          D. A majority of the commission constitutes a quorum for the transaction of business; provided, however, that a majority vote of the commission is needed for a final decision of the commission."

     SECTION 2. Section 8-8-15 NMSA 1978 (being Laws 1998, Chapter 108, Section 15, as amended) is amended to read:

     "8-8-15. COMMISSION RULES--PROCEDURES FOR ADOPTION.--

          A. Unless otherwise provided by law, no rule affecting a person outside the commission shall be adopted, amended or repealed except after public notice and public hearing before the commission or a hearing examiner designated by the commission.

          B. Notice of the subject matter of the rule, the action proposed to be taken, the manner in which interested persons may present their views and the method by which copies of the proposed rule, amendment or repealing provisions may be obtained shall be published at least once at least thirty days prior to the hearing date in the New Mexico register and two newspapers of general circulation in the state and mailed at least thirty days prior to the hearing date to all persons who have made a written request for advance notice. For each rule, amendment or repealing provision that affects only one or a limited number of municipalities, towns, villages or counties, notice shall be published in the largest circulation newspaper published and distributed locally in those areas as well as in a newspaper of general circulation in the state. Additional notice [may] shall be [made by posting] posted on the internet or by using other alternative methods of informing interested persons and on the sunshine portal of the department of information technology pursuant to rules of the Sunshine Portal Transparency Act or on a link to the sunshine portal.

          C. The commission shall provide for executive summaries of all utility rate, efficiency plan, renewable plan, certificate of convenience and integrated resource plan filings to be posted on the sunshine portal or on a link to the sunshine portal. The summaries shall be prepared as part of filings and shall include information prescribed by the commission pursuant to rule, including impacts on rates compared to alternative options as well as a summary listing of actions implemented and total costs and benefits realized as a result of the filing. The commission shall consult with utility docket intervenors and consumers to identify the summary information that will be the most valuable. The commission shall adopt rules to implement the provisions of this subsection by September 1, 2011.

          [C.] D. If the commission finds that immediate adoption, amendment or suspension of a rule is necessary for the preservation of the public peace, health, safety or general welfare, the commission may dispense with notice and public hearing and adopt, amend or suspend the rule as an emergency. The commission's finding of why an emergency exists shall be incorporated in the emergency rule, amendment or suspension filed with the state records center. Upon adoption of an emergency rule that is intended to remain in effect for longer than sixty days, notice shall be given within seven days of filing the rule as required in this section for proposed rules.

          [D.] E. The commission shall issue a rule within eighteen months following the publication of that proposed rule or it shall be deemed to be withdrawn. The commission may propose the same or revised rule in a subsequent rulemaking.

          [E.] F. All rules shall be filed in accordance with the State Rules Act. Emergency rules shall be effective on the date the rules are filed with the state records center. All other rules shall be effective fifteen days after filing, unless a later date is provided by the rule."

     SECTION 3. Section 62-6-18 NMSA 1978 (being Laws 1941, Chapter 84, Section 30) is amended to read:

     "62-6-18. UTILITIES REQUIRED TO REPORT TO COMMISSION.--Every utility, when and as required by the commission, shall file with the commission [such] an annual report and such other information as the commission may reasonably require. The commission shall prepare and distribute to every utility blank forms for the annual reports required under this section, and the commission shall post the annual reports on the sunshine portal of the department of information technology pursuant to rules of the Sunshine Portal Transparency Act or on a link to the sunshine portal."

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