State Rep. Miguel P. García

STATE News:

ALBUQUERQUE ― State Rep. Miguel P. García (D-Atrisco) has taken his concern to the Attorney General of New Mexico regarding Tri-State’s actions in subjecting themselves to federal jurisdiction under FERC.

“I am of the belief that Tri-State’s arbitrary actions to be subject to the jurisdiction of FERC violates the negotiated jurisdiction of the Public Regulatory Commission (PRC) over Tri-State’s rates, the statutory and constitutional rights of New Mexico ratepayers and the constitutional duties of the PRC,” García said.

Rep. García was a sitting legislator in 2000 when the current regulatory structure for Tri-State was created to solidify its merger with Plains Electric.

“It was a grueling experience, but PRC regulators and legislators negotiated a compromise that was fair to ratepayers and entrusted the PRC with the authority to review rate increases and establish reasonable rates. With the speed of a Stealth Bomber and in the dark of the night, Tri-State’s dance with RERC put a torch to the 2000 statutory requirement,” García said.

Rep. García asks the following in his letter to the AG:

• Does Tri-State’s application to be subject to the jurisdiction of FERC without notifying the PRC or NM ratepayers violate the statutory or constitutional rights of NM ratepayers and the constitutional duties of the PRC?
• Would FERC jurisdiction of Tri-State violate the statutory oversight authority of the PRC over generation and transmission cooperatives’ rates?
• If Tri-State is subject to FERC jurisdiction, to what extent will Tri-State be required to comply with New Mexico’s energy policies, including renewable energy and carbon-reduction mandates?