Members Present: Commissioner Sandy Jones, Chairperson ... docs/07-26-17 Minutes.pdf · 7/26/2017 · Jason Montoya, Pipeline Safety Bureau Chief Michael Ripperger, Telecommunications

MINUTES OF THECASE MANAGEMENT OPEN MEETING

NEW MEXICO PUBLIC REGULATION COMMISSIONJuly 26, 2017

TIME: 9:30 a. m. PLACE: PERA Building4th Floor Hearing Room1120 Paseo de PeraltaSanta F~, New Mexico 87501

A quorum was present as follows:

Members Present:Commissioner Sandy Jones, ChairpersonCommissioner Cynthia B. Hall, Vice-ChairpersonCommissioner Valerie EspinozaCommissioner Lynda LovejoyCommissioner Patrick H. Lyons

Members Absent:

Staff Present:Ernest D. Archuleta, Chief of StaffMichael Smith, Acting General CounselJudith Amer, Associate General CounselRussell Fisk, Associate CounselDavid Black, Associate General CounselJohn Bogatko, Associate General CounselAvelino Gutierrez, Transportation Division DirectorJason Montoya, Pipeline Safety Bureau ChiefMichael Ripperger, Telecommunications Bureau ChiefSarah Becker, Legal DivisionCaroline R. Glick, Hearing ExaminerFrances Sundheim, Hearing Examiner

Others PresentCarl Boaz, Stenographer

CALL TO ORDER

The Case Management Open Meeting was scheduled at 9:30 a.m., pursuant to proper notice under

New Mexico Public Regulation CommissionMinutes of the Case Management Open Meeting July 26, 2017 Page 1

NMSA 1978, 10-15-1(c), and the Commission’s Open Meeting Policy. Commissioner Sandy Jones, Chair,called the Case Management Open Meeting to order at 9:30 a.m., in the Fourth Floor Hearing Room,PERA Building, 1120 Paseo de Peralta, Santa F~, New Mexico.

A copy of the sign-in sheet for the Case Management Open Meeting is incorporated herewith to theseminutes as Exhibit 1.

A copy of the Agenda for the Case Management Open meeting is incorporated herewith to theseminutes as Exhibit 2.

A copy of the Public Comment sign-in sheet for the Case Management Open Meeting is incorporatedherewith to these minutes as Exhibit 3.

PLEDGE OF ALLEGIANCEISTATE PLEDGE

The Pledge of Allegiance and State Salute to the Flag were recited.

2. INTRODUCTION OF SPECIAL GUESTS

Mr. Montoya introduced Mr. Domingo Sanchez Ill, who is the new Executive Director at 811. He saidhe is an Electrical Engineer. He once worked at the PRC for 6 years and has served in government foralmost 30 years. He is looking forward to working with the PRC as we look out for the safety of our citizens.

Mr. Archuleta said he worked with Mr. Sanchez at NMDOT when he was in Administrative ServicesDivision.

Commissioner Espinoza welcomed him and congratulated him on the position.

3. CONSIDERATION AND APPROVAL OF THE AGENDA

Commissioner Hall moved to approve the agenda as presented. Commissioner Espinozaseconded the motion.

Commissioner Lovejoy thought item 7 has been postponed.

Mr. Smith clarified that it is just a request by New Mexico Gas Company to withdraw their advice notice.

The motion passed by unanimous (5-0) voice vote.


4. CONSIDERATION AND APPROVAL OF THE MINUTES

¯ Minutes of the Case Management Open Meeting on June 21, 2017

¯ Minutes of the Case Management Open Meeting on June 28, 2017

Commissioner Espinoza moved to approve the minutes of June 21, 2017 and June 28, 2017 aspresented. Commissioner Hall seconded the motion and it passed by unanimous (5-0) voice vote.

5. CONSENT ACTION

A. Transportation Matters:

1) 17.00134.TR.M IN THE MATTER OF THE APPLICATION OF WORLD TRAVEL MANAGEMENT,LLC FOR A CERTIFICATE TO PROVIDE GENERAL TAXICAB SERVICE

(Judith Amer) ORDER

2) 17-00112-TR-M IN THE MATTER OF THE APPLICATION OF NEW MEXICO RELOCATIONSYSTEMS, INC., FOR A CERTIFICATE TO PROVIDE HOUSEHOLD GOODSSERVICE

(David Black) ORDER

3) 17-00007.TR.M IN THE MATTER OF THE APPLICATION OF VELV, LLC D/B/AALBUQUERQUE AIRPORT SHUTTLE FOR A CERTIFICATE TO PROVIDESCHEDULED SHUTTLE SERVICE

(David Black) ORDER

4)

B. Utility Matters:

17-00161-UT IN THE MATTER OF SOUTHWESTERN PUBLIC SERVICECOMPANY’S APPLICATION REQUESTING: (1)ACKNOWLEDGMENT OF ITS FILING OF THE 2016 ANNUALRENEWABLE ENERGY PORTFOLIO REPORT; (2) APPROVALOF ITS ANNUAL RENEWABLE ENERGY PORTFOLIOPROCUREMENT PLAN FOR PLAN YEAR 2018; (3) APPROVALOF THE PROPOSED RATE FOR ITS 2018 RENEWABLEPORTFOLIO STANDARD RIDER; (4) APPROVAL OF VARIANCEFROM REQUIREMENTS OF RULE 572.14(C)(1) NMAC; AND (5)OTHER ASSOCIATED RELIEF, SOUTHWESTERN PUBLIC


5) 17-00159-UT

6) 16-00021-UT

SERVICE COMPANY,(Judith Amer)

Applicant.ORDER

IN THE MATTER OF SOUTHWESTERN PUBLIC SERVICE COMPANY’SENERGY EFFICIENCY COMPLIANCE APPLICATION THAT REQUESTSAUTHORIZATION TO: (1) PER APPROVAL VARIANCE, CONTINUE ITS: (A)2017 ENERGY EFFICIENCY AND LOAD MANAGEMENT PROGRAMS FORPLAN YEAR 2018; (B) 2017 ENERGY SAVINGS GOAL FOR PLAN YEAR 2018;(C) ENERGY EFFICIENCY TARIFF RIDER TO RECOVER THE THREEPERCENT FUNDING LEVEL FOR PLAN YEAR 2018 AND RECONCILIATIONOF 2016 EXPENDITURES AND COLLECTIONS; AND (D) 2017 FINANCIALINCENTIVE FOR PLAN YEAR 2018 AND RECOVER THE INCENTIVETHROUGH ITS ENERGY EFFICIENCY TARIFF RIDER; AND (2) RECOVERTHE 2016 RECONCILED FINANCIAL INCENTIVE THROUGH ITS ENERGYEFFICIENCY TARIFF RIDER. SOUTHWESTERN PUBLIC SERVICE COMPANY,Applicant.(Judith Amer) ORDER

IN THE MATTER OF THE APPLICATION BY ZIA NATURAL GASCOMPANY FOR APPROVAL OF ITS FIRST ENERGYEFFICIENCY APPLICATION AND PROGRAM RATE RIDERPURSUANT TO NEW MEXICO PUBLIC UTILITY AND EFFICIENTUSE OF ENERGY ACTS. ZlA NATURAL GAS COMPANY,Applicant.(Judith Amer) ORDER

7) 17-00181-UT IN THE MATTER OF GAS COMPANY OF NEW MEXICO’SADVICE NO. 66

(Judith Amer) ORDER

8) 16-00154-UT IN THE MATTER OF THE FORMAL COMPLAINT OFMARGARET BLUE AGAINST CENTURYLINK

(John Bogatko) ORDER

9) 17-00012-UT IN THE MATTER OF THE FORMAL COMPLAINT OF EDWARDCHAPMAN AGAINST MOONGATE WATER CO. INC.


10) 17-00178-UT IN THE MATTER OF THE APPLICATION OF SIERRA ELECTRIC


COOPERATIVE, INC. FOR APPROVAL OF AND CONTINUEDUSE OF ITS FUEL AND PURCHASED POWER COSTADJUSTMENT CLAUSE AND FOR CONTINUED VARIANCESFROM RULE 550. SIERRA ELECTRIC COOPERATIVE, INC.,Applicant.


11) 17-00127-UT IN THE MATTER OF THE FORMAL COMPLAINT OF RICHARDJ. ALBERS, JR. AGAINST PUBLIC SERVICE COMPANY OFNEW MEXICO

(David Black) ORDER

Commissioner Espinoza moved to approve the orders for all eleven consent cases.Commissioner Hall seconded the motion and it passed by unanimous (5-0) voice vote.Ordered.

So

6. REGULAR ACTION AND DISCUSSION


12) 17-00158-TR-EN IN THE MATTER OF AN ORDER TO SHOW CAUSE WHY MORA COUNTYD/BIA MORA COUNTY AMBULANCE SERVICE SHOULD NOT BE FOUND TOHAVE VIOLATED THE MOTOR CARRIER ACT, NMSA 1978 §§ 65-2A-7(D)AND TRANSPORTATION DIVISION RULES 18.3.14.8, 18.3.1.8 AND 18.3.1.9NMAC(Judith Amer) ORDER

At the request of Commissioner Espinoza, this portion of the meeting is transcribed in verbatim format.

Chairman Jones: The first regular action discussion item is a Transportation Case. Today it is 17-00158-

TR-EN in the Matter of an Order to Show Cause why Mora County D/B/A Mora County Ambulance

Service should not be found to have violated the Motor Carder Act, NMSA 1978 §§ 65-2A-7(D) and

Transportation Division Rules 18.3.14.8, 18.3.1.8 and 18.3.1.9 New Mexico Administrative Code. We

have with us today, Mr. Avelino Gutierrez and Judith Amer. Mr. Gutierrez, are you going to start?

Mr. Gutierrez: Yes, I think I will.


Chairman Jones: You are welcomed this morning.

Mr. Gutierrez: Good morning, Mr. Chairman, Commissioners, my name is Avelino Gutierrez. And with you

today is Jimmy Vigil, Staff Investigator of the Transportation Division. He has been instrumental in this.

And I also identify Sarah Becker, who has also done a lot of work on this, as well. She is here, as well.

The Commission entered an Order to file corrective action plans and status report on July 12, 2017.

Among other things, the Order required Staff to present Mora’s corrective action plan and status report to

the Commission at the July 26, 2017 meeting. Among other things, I would just like to summarize the

Action Plan that Mora submitted. It will be very short. Mora filed its Action Plan on July 20. In that

Action Plan, Mora states that it has hired three additional EMTs. Mora County identified that these

additional hires join an already existing staff of one Director, one full-time and one part-time EMTs, one

full-time driver and one part-time driver. Mora County also identifies that, as of July 20"~, Mora County

has eight full-time and part-time EMTs and drivers as compared to one Director, two EMTs, one First

Responder, and two drivers before June 6~h. Mora County identifies that it has contracted with UNM

EMS Academy to hold EMT basic certification classes over a 12-week period in Mora. Mora states that

ten students remain in the class and that Mora County is committed to hiring EMTs upon successful

completion of the class. Finally, Mora County states that with current staffing levels, Mora County can

provide 24/7 EMS coverage in Mora County.

We would also like to identify that, through the efforts of mostly Jimmy Vigil, Staff has asked for additional

documents from Mora County which they have provided. As a matter of fact, they have been

responsive to Mr. Vigil and what he asked for, they have provided.

The Staff response to bench request order that was filed by the Commission is the first set of documents

that Staff would like to identify to the Commission as Staff Exhibit 1 - is a list furnished by the New


Mexico State Police of all dropped ambulance calls in Mora County since August of 2016. And I would

also note that the State Police is the PSAP in Mora County. So their records are either the most

accurate that can be obtained for that part.

Staff Exhibit 2 is a July 21, 2017 email from Ed Littleton, Mora County Fire Administrator, concerning the

non-use of radio by Mora County Ambulance Service, as required by Commission Rule. ¯

Staff Exhibit 3 is a July 21, 2017 e-mail from Jimmy Vigil to Brenda Casados, the Mora County EMS

Director, asking Ms. Casados for the reason why Mora County Ambulance Service is not utilizing the

EMRS frequency as required by Commission Rule.

Staff Exhibit 4 - are all documents in the possession of the Transportation Division involving an incident of

a collapsed person that occurred on October 15, 2016, when Mora County Ambulance Service did not

respond.

Exhibit 5 is all documents in possession of the Transportation Division concerning an incident responded to

by the Angel Fire Fire Department on May 20, 2017 involving a rollover accident that occurred in Mora

County on that date and Mora County did not respond.

Staff Exhibit 6 are all documents in the possession of the Transportation Division concerning the incident

the incident that occurred on May 31, 2017 involving a fatality in Mora County where Mora County

Ambulance Service did not respond.

In addition to those items, we did receive additional supplemental responses to Mr. Vigil’s request. The first

is identified as Staff Exhibit number 7. And my apologies, Commissioners for these were files this

morning because we didn’t get them until late yesterday afternoon. There are copies here for you to

review. I’ll wait until those are distributed before I describe the two items that were contained within that

supplemental, Staff supplemental response.


The first staff Exhibit 7 is an email from the Mora County attorney, Michael Aragon, received that Staff at

2:02. Attached to the email is a demand for preservation of [inaudible] and personal effects of Nazareth

Imolada from the law firm of Will Ferguson & Associates. Again, this is concerning me the accident that

occurred, the fatality on or about

May 31, 2017.

Finally, Staff Exhibit number eight be is an email from...

Commissioner Espinoza: [statement that was inaudible].

Mr. Vigil: Mr. Chairman, Commissioners, I recall whom I spoke to on June 17 - the conversation with

Commissioner Paula Garcia and County Attorney Michael Aragon and statements were made that no

court claims or anything had been filed against Mora at that time.

Commissioner Espinoza: Thank you.

Mr. Gutierrez: And the final item I would like to identify, Commissioners, is Staff Exhibit 8 - pay July 25,

2017 email from Mora County Attorney Michael A. Aragon received at 4:22, containing the statements

of Adrian Sherrard and Michelle Duran regarding the May 31, 2017 fatality that occurred in Mora

County that has been described. Those, again, are two statements there are also attached to the Staff

supplemental response to the bench request. With that, Staff would stand for questions. And, Mr. Vigil,

did you want to add anything to that statement?

Mr. Vigil: Not at this time.

Ms. Amer: Commissioners, as Avelino stated, in that Order that was issued on July 12, the Commission

directed Avelino to update what occurred and the Mora County. The order stated what course of action

would occur. In the Order specifically requested a certain course of action if Mora County doesn’t

completely comply with the terms of the Order. The plan doesn’t completely comply with the terms of


the Order but partially complies with it.

Chairman Jones: Commissioners? Questions for Ms. Amer or Avelino.

Commissioner Lovejoy: Mr. Chairman, I know Commissioner Duran is the person the Commission has

heard the motion at the last meeting. As I recall, did they mention that the status report on the

corrective action plan be issued by your department every 30 days from today’s date for how long? I

thought we kind of threw around that for at least six months to make sure it was...

Ms. Amer: Commissioner Lovejoy, there was discussion about a time frame for reporting and it was

decided at the last hearing that the Transportation Staff would file an initial report and the Commission

would decide on a schedule.

Commissioner Lovejoy: Okay. That’s what I recall. Thank you.

Chairman Jones: Okay. Commissioner Espinoza?

Commissioner Espinoza: Mr. Vigil, do you have with y~u a copy of the 911 call? If you do, I would like you

to play that 911 call.

Mr. Vigil: Mr. Chairman, Commissioners, that is Exhibit 4. I have that today and I could play the recording

as well.

Commissioner Espinoza: Was that call made by cell phone?

Mr. Vigil: That was assessed by State Police. State Police did make the call by telephone to Mora.

Commissioner Espinoza sent: Was that made by cell phone.

Mr. Vigil: I think it is by dispatch radio. So I think they have access to make line calls so they reached out to

Mora through a call center phone system and not the radio.

Commissioner Espinoza: Could you please play 911 call?

Commissioner Lyons: What is the purpose in playing that call?


Commissioner Espinoza: I’d like to demonstrate...

Commissioner Lyons: It is a complete tragedy here. Are we going to put the family back through that?

Commissioner Espinoza: [inaudible] The family is not present. What I want to do is demonstrate the inability

to respond to these calls. I would just like to demonstrate what transpired. I don’t know why you are

upset.

Chairman Jones: Well, there may be a reason to object. Let’s talk about what our role is here today. This

could very well.., we have a Show Cause action here. We’ve asked for an update on those kinds of

things. This could become if the Commission decides to take compliance action against Mora

Ambulance, this would be a contested case, I would assume. Is that correct Ms. Amer?

Ms. Amer: It could be.

Chairman Jones: So what I am uncomfortable with, setting aside the request to listen to the 911 tape, is

that at what point (:1o we... We are asking for information, which I think is appropriate. Have they

complied with the bench request order?. Questions that the Commission filed? Certain documents. But

what I am uncomfortable with is us continuing to listen to potential witnesses and evidence that could

come up in a hearing. Could General Counsel give me some guidance there? Because, again, we

have, I assume, folks from Mora Ambulance Service’s Counsel here. Are we now going to listen to the

response from Counsel why we are listening to a potential piece that could be called into evidence

here?

Ms. Amer: Commissioners, on last week the Commission voted not to an Order to Show Cause but a status

report. So currently, it is not a Show Cause order. But if the Commission did issue an Order to Show

Cause, that would be a contested matter. And that would go to hearing. So the scenario that you

described could potentially happen.


Chairman Jones: It sounds to me like this is going... It seems to me like the potential for an order to show

cause is getting closer and closer. As an example, I thought I heard someone say that they didn’t

completely comply with the order of last week and that could very well trigger some other action run the

Commission.

Commissioner Hall: Mr. Chairman?

Chairman Jones: Commissioner Hall.

Commissioner Hall: You know when we discussed last time, I made a remark that it seemed like -in the

discussion ... as I reflect. I think it might be clearer to just issue a show cause. The hearing may not

comply with the order but we are getting information piecemeal. We should issue the order and have a

hearing before a Hearing Examiner. Obviously, it is posturing for compliance. It might be the wisest

thing to do just to issue the order.

Chairman Jones: Commissioner Hall, I think at the time, the sentiment was not to issue a show cause but

to start a compliance plan. Some of the Commissioners might have a different view. But it would have

been my understanding that we would get an update on the compliance plan and, from where I sit, we

should get the update on whether or not they complied with that plan and if not, to consider further

action. Next week we will have another group here wanting information. To protect all parties, that is

what we should stick to. But, Commissioners, everyone should weigh in on that or maybe General

Counsel.

Ms. Amer: Mr. Chairman, Mora did provide what we requested and they have given a status report on a

compliance plan but it didn’t address some of the issues that the Commission has been discussing.

Calls have been made that the Mora Ambulance Service that they did not respond to. It talks about

who they hired and stated they would provide 24/7 service but they did not address why they did not


respond to those calls.

Chairman Jones: I want to just... Commissioner Espinoza was asking questions. You’ve answered mine. I

think we just need to determine whether or not it is appropriate to go forward with the questions. Let me

narrow that down a little bit. From General Counsel’s point of view, is it appropriate, at this juncture, to

begin taking pieces of evidence. That’s the question that needs to be answered from where I’m sitting. I

may make a decision on that but I’d like to hear.

Ms. Amer: Regarding the evidence question, it would be legally preferable to issue an Order to Show

Cause and have a hearing with a Hearing Examiner for the Commission, and have witnesses under oath

provide testimony and provide evidence. This particular case right now was noticed on the agenda as a

status report from Staff and not noticed as a public hearing.

Chairman Jones: So, with that, Commissioner Espinoza, you’ve heard from me. What is your thought on

that? Because I’m going to have to try to decide whether or not we do that.

Commissioner Espinoza: All right. So, two weeks ago you heard testimony because Commissioner Lyons

asked Commissioner Paula Garcia to step forth. Everything we heard that day was not taken under oath. In

fact, I have a really big problem with that because I do have the record and you have the minutes. I know

what I heard. There were statements about hiring of these people and being fully staffed. I vote on facts

and not on emotion. I voted on all of the above, t vote on my conscience. What more facts do you need

then what you’ve heard? To prove that lives are at risk and have been for 3½ years. And I guarantee you,

I’m not going to Mora County. I will not pass through there. You heard that the reason for complaints is a

lack of responsiveness. I know that there was another incident that occurred where a person had a heart

attack at a restaurant and stayed there because no one responded. Our Staff are doing their job and I’m

doing my job. With letters from State Police ... I’m wondering if the Chief of State Police knows his officers


are actually responding on behalf of Mora County and transporting people to the hospital. You know if he is

aware of that?

[general conversation with several people talking at once]

Chairman Jones: [with microphone turned off] We need to determine if we will continue to take statements

and before we do anything else, we must make that decision. It is appropriate to take the report the Staff

submitted. And further information, if needed, should be requested by Staff? It all could become an

evidentiary record and right now is hearsay evidence. I think there could be legal proceedings coming out

of this. So let’s limit the debate to that. If there is anything else needed to supplement the bench request,

based on the responses received.

Commissioner Espinoza: I don’t think the 911 call could be more convincing. I’m speaking up for those who

have no voice and I’m getting pushback to protect the County instead of just allowing them to do their job.

We are not enforcing anything. Commissioner Lyons thanked the County Attorney for living in Mora last

week. You know, I don’t understand it. I want to do what’s right. And this is a perfect example of "here we

go again." Do we give them two more weeks to have an order?. We don’t have a meeting, last week more

tragedy has struck. This is not right. We can’t just give them a pat on the back for doing a good job. They

are not doing a good job. This is about politics. This is pretty obvious, it’s about politics. I,m not running for

state-wide office and I don’t need anybody’s support. I’m not running. This is all about politics. I just know

they are not complying. They are not. If your family member is going to have a heart attack... You said,

yourself, Mr. Attorney, this last week that your son has been transported by ambulance. To say it is

hearsay, it is not. You have to take the blindfold off and what you submitted to us for the last three years. It

is your responsibility. Minutes matter when a life is at stake. The time it takes to call back and then try to

reach somebody and let me see if I have a driver Calling back five or ten minutes later is not good. If we

New Mexico Public Regulation CommissionMinutes of the Case Management Open Meeting July 26, 2017 Page13

don’t require them to do something. I don’t know what else to do. It seems they are being protected rather

than the residents.

Chairman Jones: Thank you, Commissioner. And your points are well taken. We need to look out for the

integrity of the process and take care of that. Is there anything further, Ms. Amer?

Ms. Amer: The only thing I would say is it has been noticed on the agenda as a possible order so the

Commission could adopt and order that it is a matter at this time.

Chairman Jones: Yes. If a further order is needed from the report, we can do that. If it is necessitated from

this status report, that either Staff or General Counsel would ask for it. If not, we can move on to the next

item.

Commissioner Hall: Mr. Chairman?

Chairman Jones: Commissioner Hall.

Commissioner Hall: I guess I would just like to comment on my thoughts that I was having reading the

action plan. With the recitation of the number of people they’ve hired and then some discussion about how

they will have 24 hours, 7 days a week coverage, doesn’t sound like much of a plan, really. And I guess,

you know, last week, I thought it was a fine idea to ask for the report from the Staff, as long as it was time

limited. But obviously, the class doesn’t stop until November and we really don’t have much assurance of

what they are going to be able to put together until that time. They may or may not be able to hire more

people from that class. There may be more people living the class. We really don’t know. I would just urge

that we just issue an Order to Show Cause. Any other factual presentations that we have are not subjected

to asituation where it depends on our opinion of this case and it has not been properly tested in a headng

situation with results from a cross examination. I just think we would wind up with a better outcome of a

factual nature which is a matter of dispute in a headng rather than before the Commission. We need status


reports that indicate compliance. And already, in our first status report, we are not seeing compliance. So,

I’m just thinking it would be more efficient to send it to a hearing. That is my opinion. I’d like to suggest that

we issue an order.

Commissioner Espinoza: That could be a motion.

Commissioner Hall: I make that motion to issue an Order to Show Cause.

Commissioner Espinoza: Second.

Chairman Jones: Okay. So, let me back up. First of all, let me back up. We have a motion and a second on

this Order to Show Cause on this case. So let me open that up for discussion. And I’ll just start. Would it ... I

guess what I’m wondering - could we put it on the agenda for next week, if we are going to do an Order to

Show Cause so it can be prepared in detail? I think there are some issues. I supported an Order to Show

Cause last time and we didn’t go that route. So, what I think what would be a good idea for the Commission

is try to have a little bit of consistency. If we didn’t go that route last week, or week before last, let’s not just

change in the middle.

Commissioner Hall: That’s fine.

Chairman Jones: If that’s your wishes of a couple of Commissioners, then we can have General Counsel

prepare the order, through Staff if that’s the appropriate route, and then have it in front of us and it can go

to a Hearing.

Commissioner Hall: Mr. Chairman, that would be fine.

Chairman Jones: Commissioner Lovejoy?

Commissioner Lovejoy: That was going to be my suggestion. My thought here is that today we ask to have

Transportation present the corrective action plan which we voted on last week. Three to two, we voted on it

last week, and that’s what we are doing today. Today is not an evidentiary hearing. That’s not what we are


doing. We have to follow procedure. Based off of this corrective fact sheet plan, I think it behooves

Transportation to order to protect the integrity of our processes and how we hear it here for the matters that

come before this Commission. It has to come from the Division - in this case, the Department if it feels

strongly that the corrective action plan doesn’t address everything that is important to be addressed. Then it

behooves the Department to come back through and work in conjunction with the General Counsel and

present to the Commission an Order to Show Cause which we believe is factually in regulatory based on

these facts. That is the process and the way we should handle the process here. To jump right in the

middle of cleaning it up and bringing up other matters and other issues in stating it. Those statements are

not facts. Those are just things that are being stated. They are not facts. Transportation Director didn’t

bring up those facts or the Commissioner did. We have to be careful how we are dealing with procedures.

So I think it is appropriate that General Counsel should bring back an order next week and be sure that

order is going to address exactly what we want it to address. And I don’t think it is appropriate for our

statements to be thrown out there and be misrepresented. That is not the way to deal with it, especially

from the bench. It is inappropriate to bring up another Commissioner’s name and say this is what you said.

This is not a personal grudge commission. We have to demonstrate that we know what we are doing. That

we know our business - and we do it professionally and appropriately. Because people are sitting there

judging us; watching us. And people are listening to our meeting on the web cast and when we start getting

to person retaliation, personal grudges, personal comments, that goes down to high school mentality. We

are Commissioners. Let’s do our job professionally and appropriately. Let’s be adults and not take us down

to a lower standard and start throwing other Commissioner’s comments out there. It has been going on too

long and I’m tired of it. Thank you, Mr. Chairman.

Commissioner Espinoza: Mr. Chairman?


Chairman Jones: Commissioner Espinoza.

Commissioner Espinoza: first of all, I’m embarrassed. It is embarrassing to hear what I just heard about

personal attacks, personal grudges and high school. I mean I think it is really inappropriate when you lack

an understanding of your job from this bench. And that’s what that was really all about. Because they

speak, or at least the week before last, we did bring a bench request and we did the same thing then. It

would have been dealt with in an order for show cause and it didn’t happen. There are no personal

grudges. I do know that Mr. Archuleta called me yesterday and I don’t appreciate that either, because it is

just not appropriate to reach out to try to sway me. Don’t call me. And don’t ask my Staff why I issued a

request for information. That’s because I’m doing my job. Don’t try to sway me in any way. I have full

confidence in our staff. They are doing their job. Don’t call me. Some of us do what is right. This is an

example of offense and defense - so it is why we should be appointed instead of elected.

This is already here. Be careful with allegation made here and from the audience. This is embarrassing to

me from someone who doesn’t understand their job, I’m just going to say one last thing. There was a 19-

year-old who died in White Rock in a rock climbing incident. They called 911 who responded immediately

and the Deputy fire chief made a statement to the newspaper in which she said in this small community

how it affected so many residents of White Rock and Los Alamos from people who knew Trevor and his

family. It is especially emotional and cyclical for the LAFD and the LAPD and all who responded to this

incident. So they extended their deepest condolences to the family and Trevor’s friends. And that’s how a

community should respond.

Chairman Jones: With that, we do have a motion. Excuse me, Commissioner Lyons? Sorry about that.

There was a motion to order as show cause. It was seconded and we are still on that discussion.

Commissioner Lyons: let’s go back to what the chairman is talking about today a comprehensive plan, a


corrective action plan. I read it thoroughly from the County Manager at Mora. I think they are very good

corrections in the corrective action plan, myself. And it says exactly what action they are going to take for

how they would solve the problems. There is some problem solving here. He read from it, "As the Town

Manager, in my opinion, the current staff for the EMS will ensure a total coverage 24 hours seven days a

week for service in Moral County." dated July 20,2017. This is exactly what we asked them to do and they

did it in this corrective action plan. We also said we would monitor their work. They are complying exactly

with what we asked them to do. They are trying to find solutions, trying to solve problems for a small

County with 4,800 residents and probably the poorest county in the State. They don’t have the staff like

Bernalillo County for the people to do it. They are doing the best they can to take care of the people. So we

have a Show Cause action here and then them back here improving the County Manager. These are all

going to cost the county money, money that could be used on the real mess. Money could be used to take

care of the problems in the County that the names come appear and try to see us. And it is the Staff that

will execute it. It’s not going to be us. I can tell you that right now. You guys are going to come back in a

week and say they didn’t do this; they didn’t do that right. And it will be a Show Cause. That’s usually how it

goes here. I think they have done a good job and I don’t want a show cause at all. Give them a year to get

the problems solved and make sure everything’s going okay. Also as an elected official, you can contact

me any time. I’m here to help these guys. Communications is an essential part of that and I want to be able

to help them do that. That’s all l have to say.

Chairman Jones: Thank you, Commissioner. So, Commissioner Hall, we talked about putting this off until

next week. Do you want to withdraw that at this time or do you want to vote for the Show Cause order now?

Commissioner Hall: I have no objection to doing it next week, Mr. Chairman.

Chairman Jones: Okay. So it is your intention to withdraw and coming back.


Commissioner Hall: Well, I mean, if we are not going to act on it today, then I don’t believe my motion today

would continue that.

Chairman Jones: Okay. This is the discussion part. For my part the discussion, I thought it was a Show

Cause Order and from two weeks ago, we had asked for this. There was no suggestion from Staff or

Counsel to say they had not complied but they did not recommend to issue a Show Cause order. I won’t

support a Show Cause Order today, shooting from the hip. But if somebody wants to come back next week,

with a well thought out order, I may or may not support it. That’s all I’m saying. We should be there both

that was a quote now or Commissioner Hall could withdraw her motion. I’m not trying to pressure but I don’t

think you will win that today.

Commissioner Hall: I am fine with doing it next week so I withdraw my motion.

Mr. Smith: So it would be brought back next week and our office would bring a recommendation.

Chairman Jones: If a Commissioner contacts General Counsel after the meeting to prepare a Show Cause

Order, that is what would happen. The direction from the Commission today is not the decision of the

Commission to put it on the agenda.

Commissioner Espinoza: When I said don’t call, it is to not have ex parte communication. On any other

subject, it is okay.

Commissioner Lyons: So, a Commissioner could call General Counsel. I want to the show cause to show

what they have done.

Mr. Gutierrez: Staff, regardless of what happens, will continue to monitor emergency services there.

Chairman Jones: Those things are always tough.

B. Utility Matters:


13) 17-00093-UT IN THE MATTER OF IN THE APPLICATION OF NORTHERN RIO ARRIBAELECTRIC COOPERATIVE, INC. FOR APPROVAL AND AUTHORIZATION, IFREQUIRED, FOR THE ISSUANCE OF A SECURED PROMISSORY NOTE INTHE PRINCIPAL AMOUNT OF $5,000,000 TO THE NATIONAL RURALUTILITIES COOPERATIVE FINANCE CORPORATION (CFC) TO BE SECUREDBY AN EXISTING MORTGAGE AND THEREAFTER A NEW MORTGAGE; ANDFOR ANY OTHER APPROVALS THAT MAY BE REQUIRED IN CONNECTIONWITH SUCH FINANCING - NORTHERN RIO ARRIBA ELECTRICCOOPERATIVE, INC., Applicant.(Frances Sundheim) RECOMMENDED DECISION(Judith Amer) ORDER

Ms. Sundheim reported her Recommended Decision. She explained that the Coop is proposing toretire two existing notes for rural utility service for the largest portion. It is a not for profit cooperative andthe request was not contested. Her RD recommended approval.

Ms. Amer added that no exceptions were filed and in the packet is her proposed order to approve thisapplication.

Commissioner Espinoza moved to approve the order. Commissioner Hall seconded the motionand it passed by unanimous (5-0) voice vote, So Ordered.

14) 17-00081-UT IN THE MATTER OF AN ORDER TO SHOW CAUSE WHY WlNDSTREAMCOMMUNICATIONS SHOULD NOT BE FOUND IN VIOLATION OF THE NEWMEXICO TELECOMMUNICATIONS ACT AND COMMISSION RULES WITHRESPECT TO ITS TELECOMMUNICATIONS SERVICES TO CUSTOMERS INVARIOUS TOWNS, CITIES AND COUNTIES IN NEW MEXICO AND ITSBILLING FRANCHISE FEES, AND WHY THE COMMISSION SHOULD NOTIMPOSE SANCTIONS AND FINES, AND OTHER APPROPRIATE RELIEFINCLUDING THE REFUND OF AMOUNTS RECEIVED FROM THE UNIVERSALSERVICE FUND(Russell Fisk) ORDER

Mr. Fisk had stepped out and apologized for causing a delay. He explained that this order is just to send itto a Hearing Examiner. It is a lengthy order only because it includes what took place and what thecomplaint is about, He offered to give more detail but the Commission may not need it.

Commissioner Espinoza asked if it was because of the statute changing or not.

Mr. Fisk said one of Windstream’s arguments was that mid-sized carrier rules no longer apply and ithas been determined that as of September, 2016 that Windstream fell below the threshold but Staffdisagrees. On August 16 at an open meeting, Mr. Ripperger and Mr. Garcia will present the rules about


mid-sized carriers. He added that he got a request by CenturyLink to start an emergency rule proceeding.Ms. Sundheim will be the HE.

Commissioner Hall moved to approve the order. Commissioner Espinoza seconded the motionand it passed by unanimous (5-0) voice vote. So Ordered.

7. DISCUSSION AND POSSIBLE COMMISSION ACTION

15) 16-00295-UT IN THE MATTER OF THE AMENDED AND RESTATED APPLICATION BY AVWATER CO., LLC TO TRANSFER AND ABANDON THE HARVEST GOLDPORTION OF ITS REGULATED UTILITY SERVICE AND TO TRANSFEROWNERSHIP AND OPERATION OF THE HARVEST GOLD WATER SYSTEMTO THE APPLE ORCHARD MUTUAL DOMESTIC WATER CONSUMERSASSOCIATION

(Russell Fisk) ORDER

Mr. Fisk presented information to the Commission regarding this matter. On June 15t~, theCommission approved the hearing for transfer agreement between AV Water LLC and Apple Orchard MDAwith 60 days to resolve any issues. Apple Orchard has already assumed operations but the assets have notbeen transferred. Commissioner Espinoza asked about the agreement. A modified agreement was to befiled promptly. He thought it would be filed in two weeks but it hasn’t been filed yet. The bench requestasked about details of any liens and he assumed August 14 as the deadline.

We got a response from AV Water which was due at noon. The actual filed version he didn’t receiveuntil an hour or two later. Another deficiency was not having the attached affidavit.

Mr. Fisk summarized what was in the email. There were two issues that cropped up regarding ondebts. He came out of the hearing thinking there were only two liens - Stonetown and the water rights byJeff McMann. But there were Hydropure and TLC Construction debt on the interconnect also.

Commissioner Espinoza asked how he found the liens.

Mr. Fisk said either AV Water of Apple Orchard MDA should have searched but no one did. There wasalso an unpaid lien from TRD for unpaid GRT.

Commissioner Espinoza asked if Apple Orchard inherits those.

Mr. Fisk said Apple Orchard is not liable but the property may have liens that would be transferred.Under the agreement, it is to dissolve if after 60 days but they could decide to extend it. They still don’thave any release from McMann of any Harvest Gold water rights. The $200,000 debt from JC Constructionmay not be an issue. Hydropure is for $70,000 and there is reason for hope. Stonetown was willing torelease the lien from Harvest Gold and keep it on Morning Star. And maybe the MDA would accept the


liens. We could send bench request to MDA to see how they feel about it. The State TRD lien is veryrestrictive. The construction lien is for the interconnect and that money was already received and spent.

Commissioner Espinoza asked where the fines were left.

Mr. Fisk said they are still in place. The transfer agreement says if the PRC exercises the fines, AVWater has the option to pull out of the agreement. Regarding the AG actions on collections or injunctiverelief, it is a holding pattern. Let’s see if it closes by August 14 or gets extended with Commission approval.

Commissioner Hall noted at the end is the filed version on the bench request which says it is areplacement and we don’t know if it got filed. It says at the end that based on being undersigned, counselbelieves it will all be resolved. She asked what the date for closing is.

Mr. Fisk said August 14t~ is the date. Another issue was the notice in real estate records. GermaineChappelle said that was resolved. There is also the engineering company debt but it only affects MorningStar.

The Commission took no action.

8. PUBLIC COMMENT

Mr. Jason Espinoza spoke in support of the Sagamore Wind Project. He said this project would provide300 construction jobs and 30 operation jobs. It is something New Mexico needs and hoped the Commissionwould support the project.

Chairman Jones thanked him for his good work.

9. EXECUTIVE CLOSED SESSION

¯ PURSUANT TO NMSA 1978, SECTION 10-15-1(H)(7) TO DISCUSS PENDING LITIGATIONREGARDING STONETOWN ANIMAS LENDER v. A V WATER CO., LLC, ET AL.; DISTRICTCOURT NO. D-1116-CV-2017-00053

Mr. Fisk said the Commission doesn’t need to go into closed session. It is just an update.

Commissioner Espinoza moved to delete the executive session. Commissioner Lyonsseconded the motion and it passed by unanimous (5-0) voice vote.

Mr. Fisk said in the Stonetown receivership for Momingstar Water System, a motion was filed byStonetown for summary judgment and foreclose on the property. The Commission doesn’t need to takeaction on it today. It will go to trial and a sale. A hearing is set for September 12. It has been opposed by


Hydropure and the construction company. He spoke to the attorney for Stonetown to make sure no sale ismade. They are seeking a private sale instead of a foreclosed sale. They apparently did have an offer forMorningstar a couple of months ago. But any sales would first have to be approved by PRC Commission.The court understands that. It is subject to PUA and could be subject to court approval. That is it.

Commissioner Lyons asked if they get an offer from a solid company, and they reject it, if theCommission could say they can’t reject it.

Mr. Smith said that could be done by the court.

Mr. Fisk reported that Momingstar got off of boiled water months ago. The receivership is a Stonetownissue to establish authority over other creditors. They must do that in order to foreclose.

Commissioner Espinoza said they could have accepted the offer from Epcor and the matter would notbe here.

10. CONSIDERATION AND POSSIBLE ACTION REGARDING ADVICE NOTICES

There were none.

11. COMMUNICATIONS WITH GENERAL COUNSEL

There were no communications with General Counsel.

12. COMMUNICATIONS AND POSSIBLE ACTION WITH CHIEF OF STAFF, ERNEST D. ARCHULETA,P.E.

¯ Proposal by Commissioner Jones to Consider Adoption of Electronic Filing

Mr. Archuleta wanted the Commission to consider moving forward on electronic filing. Mr. Fisk mighthave information. There is cost associated with storing but the Commissioners get a lot of paperwork ontheir desks.

Chairman Jones hoped it would cost less money in the long run.

Mr. Fisk said the New Mexico Uniform Electronic Transaction Act urges agencies to use electronicmeans - electronic signatures are fine. State agencies can decide about retaining electronic records. A rulewas promulgated, The statute says the agency could issue its own security rule. One issue raised by StateRecords was that currently, the Commission retains records for ten years after a case is closed. The State


requires a written record but the Act allows for records to be kept permanently on its own. So there aredifferent ways to handle it.

Chairman Jones said he asked Mr. Archuleta to look at it because he thought it was a good idea but wecould give him authority to come back with a proposal.

Commissioner Espinoza recalled they had a couple of vendors come when she first arrived aboutdigitizing all records. The cost to digitize them would be far less than keeping boxes downstairs. It is a goodidea.

Commissioner Hall also thought it is a very good idea.

There was no objection for going forward with it.

13. COMMUNICATIONS WITH COMMISSIONERS

Commissioner Hall reported going to the NARUC meeting for the first time and found it quiteinteresting. Commissioner Lyons agreed. Commissioner Espinoza said she also learned a lot. It was veryinformative and she appreciated the early morning breakfasts. She took her granddaughter, who spoke andgot a standing ovation.

Mr. Archuleta proposed to look at the budget. There is a real need to hire an assistant in codeenforcement bureau so for the interim and hire that position and sit them in front of my office and handle allcalls coming in to the agency. He knew CRD was still taking the 800 calls and he wanted to make sure thatcould be moved to a different phone system and we can afford it.

Commissioner Lovejoy wondered how successful the IPRA that we have is and asked that GeneralCounsel inform the Commission in a condensed summary some time. She asked if there will be anyCommission action on it.

Mr. Smith said calls come into their office asking how to file protests. However, if there are no protestsand the Commission takes no action, it would become approved by operation of law.

Commissioner Lovejoy thought it was important to read it as much as she could. People aremisrepresenting everything already. The way the newspapers put out the information she found veryinteresting.

Chairman Jones said he and Mr. Archuleta went to Farmington last Wednesday for LFC. He walkedaway thinking we were well received. They forwarded questions from out of that meeting. He and Mr.Archuleta will meet this afternoon and bring it to the Commission for response before sending thoseanswers.


Mr. Archuleta thanked Ms. Beadles and John Reynolds for their help with technical questions. The bigtake away for him was the economic impact of PRC decisions. There are concerns with loss of jobs in theSan Juan area and we made the case of not having enough staff to do all the job. Rate cases arebecoming more difficult.

Chairman Jones added that the folks who worked on the presentation did a great job and made his jobeasier.

14. ADJOURNMENT

The meeting was adjourned at 11:35 a.m.

ATTEST:

Carl Boaz, Stenogra~

APPROVED: ~-~- I/~

SANDY 3"O~ES~N

CYNT.~B. HALL, VICE CHAIRPERSON

"PATRICK H. LYONS, COMMI~31ONER

LYND’A LOVEJOY, COMMISSIONER

New Mexico Public Regulation CommissionMinutes of the Case Management Open Meeting July 26, 2017 Page~5~

NEW MEXICO PLrBLICI~EGULATION COMMISSION

OPEN ~ETING: CASE MANAGEMENT MEETINGDate: .. ,,~O~[x/ ~,/’~I~

NAME COMPANY NAME(if,my)

PHONE NUMBER

Thank you for attending this meeting.

EXHIBIT 1PR¢ - July 26 2017

NEW MEXICO PUBLIC REGULATION COMMISSION

OPEN MEETING: CASE MANAGEMENT MEETINGWednesday, July 26, 20:17

9:30 a.m.PERA Building, 4th Floor Hearing Room

1120 Paseo de Peralta, Santa Fe, NM 8750:1

II.

III.

IV.

AGENDA

PLEDGE OF ALLEGIANCE/STATE PLEDGE

INTRODUCTION OF SPECIAL GUESTS

CONSIDERATION AND APPROVAL OF THE AGENDA

CONSIDERATION AND APPROVAL OF THE MINUTES

¯ Minutes of the Case Management Open Meeting on June :)1, 2017* Minutes of the Case Management Open Meeting on June 28, 2017

CONSENT ACTION

A. Transportation Matter:

z)

17-00134-TR-MJudith Amer

17-00112-TR-MDavid Black

3) I~7~.00007-TR-MDavid Black

IN THE MATTER OF THE APPLICATION OFWORLD TRAVEL MANAGEMENT, LLC FOR ACERTIFICATE TO PROVIDE GENERAL TAXICABSERVICE

ORDER

IN THE MATTER’ OF THE APPLICA’~i~)N OF NEWMEXICO RELOCATION SYSTEMS, INC., FOR ACERTIFICATE TO PROVIDE HOUSEHOLD GOODSSERVICE

ORDER

IN THE MATTER OF THE APPLICATION OF VELV,LLC D/B/A ABQ AIRPORT SHUTTLE FOR ACERTIFICATE TO PROVIDE SCHEDULED SHUTTLE

Open Meeting: Case Management Meeting AgendaWednesday, July 26, 2017Page 1 of 7 EXHIBIT 2

PRC - July 26 2017

SERVICE

ORDER

B. Utility Matters:

4)

S)

IN’ T’~E MATTER OF SOUTHWESTERN PUBLICSERVICE COMPANYPS APPUCATIONREQUESTING: (1) ACKNOWLEDGEMENT OF ITSFLUNG OF THE 2016 ANNUAL RENEWABLEENERGY PORTFOLIO REPORT; (2) APPROVAL OFITS ANNUAL RENEWABLE ENERGY PORTFOLIOPROCUREMENT PLAN FOR PLAN YEAR 2018; (3)APPROVAL OF THE PROPOSED RATE FOR ITS2018 RENEWABLE PORTFOLIO STANDARDRIDER; (4) APPROVAL OF VARIANCE FROMREQUIREMENTS OF RULE 572.14(C)(1) NMAC;AND (5) OTHER ASSOCIATED REUEF,

17-00161-UTJudith Amer


SOUTHWESTERN PUBUC SERVICE COMPANY,

ORDER

Applicant.

IN THE MATTER OF SOUTHWESTERN PUBUC"’SERVICE COMPANY’S ENERGY EFFICIENCYCOMPUANCE APPUCATION THAT REQUESTSAUTHORIZATION TO: (1) PER APPROVALVARIANCE, CONTINUE ITS: (A) 2017 ENERGYEFFICIENCY AND LOAD MANAGEMENTPROGRAMS FOR PLAN YEAR 2018; (B) 2017ENERGY SAVINGS GOAL FOR PLAN YEAR 2018;(C) ENERGY EFFICIENCY TARIFF RIDER TORECOVER THE THREE PERCENT FUNDING LEVELFOR PLAN YEAR 2018 AND RECONClUATION OF2016 EXPENDITURES AND COLLECTIONS; AND(O| 2017 FINANCIAL INCENTIVE FOR PU~,N YEAR2018 AND RECOVER THE INCENTIVE TltROUGHITS ENERGY EFFICIENCY TARIFF RIDER; AND (2)RECOVER THE 2016 RECONCILED FINANCIAL

Open Meeting: Case Management Meeting AgendaWednesday, July 26, 2017Page 2 of 7 E)3-1iBIT 2

PRC - July 26 2017


OPEN MEETING: CASE MANAGEMENT MEETINGWednesday, July 26, 20:17

9:30 a.m.PERA Building, 4th Floor Hearing Room

1120 Paseo de Peralta, Santa Fe, NM 87501

IV.

Ve

AGENDA

PLEDGE OF ALLEGIANCE/STATE PLEDGE

INTRODUCTION OF SPECIAL GUESTS

CONSIDERATION AND APPROVAL OF THE AGENDA

CONSIDERATION AND APPROVAL OF THE MINUTES

¯ Minutes of the Case Management Open Meeting on June 2:1, 2017¯ Minutes of the Case Management Open Meeting on June 28, 2017

CONSENT ACTION

A. Transportation Matter:

1) 17-00134-TR-MJudith Amer

2) 17-00112-TR-MDavid Black

3) :17-O0007-TR-MDavid Black

iN "THE MA’n’ER OF THE APPUCATION OFWORtD TRAVEL MANAGEMENT, LLC FOR ACERTIFICATE TO PROVIDE GENERAL TAXICABSERVICE

ORDER

IN THE MATTER OF THE APPUCATION OF NEWMEXICO RELOCATION SYSTEMS, INC., FOR ACERTIFICATE TO PROVIDE HOUSEHOLD GOODSSERVICE

ORDERCYI.J IIQIT ’)

IN THE MATTER’OF’THE APPLIC~r~D.~~7LL� D/B/A ABQ AIRPORT SH~I~I~R"ACERTIFICATE TO PROVIDE SCHEi~DJ~I~’~L~~

Open Meeting: Case Management Meeting AgendaWednesday, July 26, 2017Page I of 7

6)

7)

8)


17-00ZS~’-UTJudith Amer

INCENTIVE THROUGH IT~ "ENERGY EFFICIENCYTARIFF RIDER

16-00154-UTJohn Bogatko

9) 17-00~12-UTJohn Bogatko

10) 17-00178-UTDavid Black

SOUTHWESTERN PUBLIC SERVICE COMPANY,

ORDER

Applicant

IN’i:HE MATTER OF THE ’APPLICATION BY ZIANATURAL GAS COMPANY FOR APPROVAL OF ITSFIRST ENERGY EFFICIENCY APPLICATION ANDPROGRAM RATE RIDER PURSUANT TO NEWMEXICO PUBLIC UTILITY AND EFFICIENT USE OFENERGY ACTS

ZIA NATURAL GAS COMPANY,

Applicant.

ORDER

IN THE MATTER OF GAS COMPANY OF NEWMEXICO’S ADVICE NO. 66

ORDER

INTHE MATTER OF THE FORMAL COMPLAINTOF MARGARET BLUE AGAINST CENTURYUNK

ORDER

IN THE MATTER OF THE FORMAL’ COMPLAINTOF EDWARD CHAPMAN AGAINST MOONGATEWATER CO. INC.

ORDER

IN THE MATTER OF THE APPUC~ION OF SIERRAELECTRIC COOPERATIVE, INC. FOR APPROVALOF AND CONTINUED USE OF iTS FUEL ANDPURCHASED POWER COST ADJUSTMENTCLAUSE AND FOR CONTINUED VARIANCESFROM RULE 550

Open Meetint]: Case Manasement Meeting Ai~endaWednesday, July 26, 2017Pal~e 3 of 7 EXHIBIT 2

PRC - July 26 2017

11) 17-00127-UTDavid Black

SIERRA ELECTRIC COOPERATIVE, INC.,

Applicant.

ORDER

IN THE MATTER OF’ THE FORMAL COMPLAINTOF RICHARD J. AI..BERTS, JR. AGAINST PUBLICSERVICE COMPANY OF NEW MEXICO

ORDER

VI. REGULAR ACTION AND DISCUSSION


17-00158-TR-ENAvelino GutierrezPresentationJudith Amer

IN THE MATTER OF AN ORDER TO SHOW CAUSEWHY MORA COUNTY D/B/A MORA COUNTYAMBULANCE SERVICE SHOULD NOT BE FOUNDTO HAVE VIOLATED THE MOTOR CARRIER ACT,NMSA 1978 §65-2A-7(D) ANDTRANSPORTATION DIVISION RULES 18.3.14.8,18.3.1.8 AND 18.3.1.9 NMAC

ORDER

B. Utility Matters:

13) 17-00093-UTJudith AmerFran Sundheim

IN THE MATTER OF THE APPLICATION OFNORTHERN RIO ARRIBA ELECTRICCOOPERATIVE, INC. FOR APPROVAL ANDAUTHORIZATION, IF REQUIRED, FOR THEISSUANCE OF A SECURED PROMISSORY NOTE INTHE PRINCIPAL AMOUNT OF $5,000,000 TO THENATIONAL RURAL UTILITIES COOPERATIVEFINANCE CORPORATION (CFC) TO BE SECUREDBY AN EXISTING MORTGAGE AND THEREAFTERA NEW MORTGAGE; AND FOR ANY OTHERAPPROVALS THAT MAY BE REQUIRED IN

Open Meeting: Case Management Meeting AgendaWednesday, July 26, 2017Page 4 of 7 EXHIBIT 2

PRC - July 26 2017

14) 17-0008~’-UTRussell Fisk

CONNECTION WiTH SUCH FINANCING

NORTHERN RIO ARRIBACOOPERATIVE, INC.,

ORDER

Applicant.

ELECTRIC

IN THE MATTER OF AN ORDER T0"SHOW CAUSEWHY WINDSTREAM COMMUNICATIONSSHOULD NOT BE FOUND IN VIOLATION OF THENEW MEXICO TELECOMMUNICATIONS Ae_-I" ANDCOMMISSION RULES WITH RESPECT TO ITSTELECOMMUNICATIONS SERVICES TOCUSTOMERS IN VARIOUS TOWNS, CITIES ANDCOUNTIES IN NEW MEXICO AND iTS BILUNGFRANCHISE FEES, AND WHY THE COMMISSIONSHOULD NOT IMPOSE SANCTIONS AND FINES,AND OTHER APPROPRIATE RELIEF INCLUDINGTHE REFUND OF AMOUNTS RECEIVED FROMTHE UNIVERSAL SERVICE FUND

ORDER

VII. DISCUSSION AND POSSIBLE COMMISSION ACTION

16-00295-UTRussell Fisk

IN THE MATrER OF THE AMENDED ANDRESTATED APPLICATION BY AV WATER CO,, LLCTO TRANSFER AND ABANDON THE HARVESTGOLD PORTION OF ITS REGULATED UTILITYSERVICE AND TO TRANSFER OWNERSHIP ANDOPERATION OF THE HARVEST GOLD WATERSYSTEM TO THE APPLE ORCHARD MUTUALDOMESTIC WATER CONSUMERS ASSOCIATION

VIII. PUBUC COMMENT

IX. EXECUTIVE CLOSED SESSION

Open Meeting: Case Management Meeting AgendaWednesday, July 26, 2017Page S of 7

EXHIBIT 2PRC - July 26 2017

PURSUANT TO NMSA 1978, SECTION 10-15-1(H)(7) TO DISCUSS PENDINGLITIGATION REGARDING STONETOWN ANIMAS LENDER v. AV WATER CO., LI.C,ETAL.; DISTRICT COURT NO. D-1116-CV-2017-00053

X. CONSIDERATION AND POSSIBLE ACTION REGARDING ADVICE NOTICES

Xl. COMMUNICATIONS WITH GENERAL COUNSEL

Xll. COMMUNICATIONS AND POSSIBLE ACTION WITH CHIEF OF STAFF, ERNEST D.ARCHULETA, P.E.

Xlll.

¯ Proposal by Commissioner Jones to Consider Adoption of Electronic Filing

COMMUNICATIONS WITH COMMISSIONERS

XlV. ADJOURNMENT

To obtain a copy of this agenda please log in the Commission’s website at

The Commission will make reasonable efforts to post the agenda on the Commission’swebsite at least 72 hours before the open meeting, but the inability to do so within the 72hours prior, will not require the Commission to delay the meeting or to refrain from takingaction on any agenda item on which it otherwise could act.

At any time during the Open Meeting the Commission may close the meeting to the public todiscuss matters not subject to the New Mexico Open Meetings Act. The Commission mavrevise the order of the agenda items considered at this open meeting.

Notice is hereby given that the Commission may request that any party answer clarifyingquestions or provide oral argument with respect to any matter on the agenda. If the

Commission makes such a request, any party present at the meeting, either in person or bytelephone, shall have an equal opportunity to respond to such questions or argument. In theevent a party whose case is on the agenda chooses not to appear, the absence of that partyshall not cause such discussion or argument to become ex-parte communications.

PERSONS WITH DISABILITIES

ANY PERSON WITH A DISABILITY REQUIRING SPECIAL ASSISTANCE IN ORDER TO PARTICIPATEIN THIS PROCEEDING SHOULD CONTACT THE OFFICE OF DIRECTOR OF ADMINISTRATIVESERVICES OF THE COMMISSION AT (505) 827-4042 AS SOON AS POSSIBLE PRIOR TO THECOMMENCEMENT OF THE OPEN MEETING.

Open Meeting: Case Management Meeting AgendaWednesday, July 26, 2017Page 6 of 7


PUBLIC COMMENT

All members of the public wishing to provide public comment must sign a sign-up sheetprior to the start of the meeting and identify their name and the name of the organization theyrepresent (if any), and the topic or issue on which they desire to comment. The portion of theagenda allocated for public comment at any one open meeting shall be limited to a maximumof 30 minutes for all persons wishing to provide comment. The order of speakers will be basedon the order in which speakers sign up, but public officials may be taken out of order. If aspeaker is not present at the time he or she is called to provide comment, that speaker shallforfeit their opportunity to speak. Public comment by an individual or entity shall be limited tono more than three {3) minutes unless the Commission acts to extend the period, if thenumber of individuals on the sign-up sheet desiring to provide comment would exceed theallotted 30-minute period, the Chairman may limit individual remarks to a shorter time period.Individuals represented by or representing a common organization or association may be askedto select one individual to act as spokesperson to speak for the group. Individuals who sign upto comment, but either fail to do so or choose to speak for less than their allotted time, maynot cede or yield their time to another speaker. Written comments of individuals who cannotbe physically present may not be read aloud at the meeting but may be submitted to theCommission.

The subject matter of public comments shall be relevant to matters within theCommission’s jurisdiction. Public comment will not be permitted on matters that should beaddressed appropriately as the subject of an informal or formal complaint before theCommission or on pending rulemaking proceedings before the Commission once theopportunity for public comment in those proceedings has dosed. Public comment by parties toa proceeding or adjudication pending before the Commission will not be permitted where thecomment concerns matters at issue in such proceeding. The Chairman shall retain the right tostop any speaker who raises an issue that is not under the Commission’s jurisdiction or issubject to the restrictions above. Public comment will be received without Commissioncomment or response. However, individual Commissioners may at their option seekclarification or additional information from speakers through the Chairman. No speakers willbe accommodated after the public comment portion of the agenda has closed. The Chairmanretains the right to exercise discretion in the implementation of this policy and may overridethe above rules in case of emergency or other unforeseen circumstances.

Speakers providing comment shall at all times conduct themselves in accordance withproper decorum. Profane or vulgar language or gestures will not be tolerated. Audiencemembers shall not disrupt an open meeting by speaking without being recognized by theCommission and shall not incite others to do so. The Commission retains the right to removedisruptive attendees and individuals who fail to conduct themselves in accordance with theseprovisions from the Commission meeting.

Open Meeting: Case Management Meeting AgendaWednesday, July 26, 2017Page7 of 7 EXHIBIT 2

PRC - July 26 2017


OPEN MF, ETING: CASE MANAGEMENT MEETI~4G

NAME PHONE NUMBER TOPIC

Thank you for attending this meeting.


Documents

Members Present: Commissioner Sandy Jones, Chairperson ... docs/07-26-17 Minutes.pdf · 7/26/2017 · Jason Montoya, Pipeline Safety Bureau Chief Michael Ripperger, Telecommunications