New Mexico Supreme Court Reaches Decision: Energy Transition Act Does Apply To Closure Of San Juan Generating Plant

The New Mexico Supreme Court at 237 Don Gaspar in Santa Fe is the highest court in the state of New Mexico. It is established and its powers defined by Article VI of the New Mexico Constitution. Courtesy/NMSC


SANTA FE — The New Mexico Supreme Court ruled Thursday that the Energy Transition Act (passed and signed into law in 2019), must be applied by the PRC to the San Juan Generating Station abandonment proceedings.

In response, the bill’s sponsors issued the following statements:

“The Energy Transition Act is the law of the land,” said Sen. Jacob Candelaria, who co-sponsored the legislation last year. “I applaud the court’s decision which puts an end to needless delay and political game playing at the PRC. The need for reforming a broken and incapable PRC is now more clear than ever. And now I ask my colleagues in the legislature to quickly pass Representative Small’s bill to professionalize the PRC.”

“I’m so relieved and pleased that the Supreme Court heard this argument for what it was; this was really a case of one governmental entity ignoring a clearly written, clearly argued law that went into effect July 1 of last year,” said Sen. Mimi Stewart, co-sponsor of the bill. “The Energy Transition Act was such a big deal in the legislature, for the governor, for us – with bipartisan support – to move us forward toward a clean energy future. I’m just very thrilled, very grateful that better minds prevailed on this issue.”

The ruling will allow the Public Service Company of New Mexico to apply the new energy law to recover investments it made into the coal-fired power plant near Farmington, and pave the way for the plant’s closure in 2022.