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Facts

  • The City of Las Cruces appealed a final order from the New Mexico Public Regulation Commission involving the Renewable Energy Act. The appeal concerned the approval of El Paso Electric Company's agreement with the Camino Real Landfill to Energy Facility to purchase renewable energy certificates at a price deemed too high by the City. The City did not request a stay from the Commission before seeking one from the Supreme Court of the State of New Mexico (paras 3-7).

Procedural History

  • Commission's final order: Approved El Paso Electric's agreement with the Camino Real Facility at a higher certificate price, despite the hearing examiner's recommendation for denial (paras 5-6).
  • City's motion for rehearing: Denied by the Commission. The City did not request a stay of the Commission's final order in its rehearing request (para 7).

Parties' Submissions

  • Appellant (City of Las Cruces): Argued that the Commission's final order approving the certificate price was not supported by law or evidence and was contrary to the Renewable Energy Act's policy of protecting consumers (paras 4, 6).
  • Appellee (New Mexico Public Regulation Commission): [Not applicable or not found]
  • Intervenors-Appellees (El Paso Electric Company, Four Peaks Energy LLC, and ENERGYneering Solutions, Inc.): Opposed the City's motion for stay, arguing the City failed to exhaust administrative remedies by not first seeking a stay from the Commission (para 9).

Legal Issues

  • Whether a party must request a stay of an order issued by the New Mexico Public Regulation Commission before seeking a stay from the Supreme Court of the State of New Mexico (para 1).
  • Whether the Commission had jurisdiction to grant the City's request for a stay after the Supreme Court's order denying the City's motion for stay (para 13).

Disposition

  • The Supreme Court of the State of New Mexico denied the City's motion for stay for not requesting a stay from the Commission first and later denied El Paso Electric's motion for relief against the Commission's order granting the City's stay request (paras 9, 11, 31).

Reasons

  • The Supreme Court clarified that according to the Rules of Appellate Procedure, a party must seek a stay from the Commission before requesting one from the Court. This requirement aligns with the doctrine of exhaustion of administrative remedies and the Court's role as an appellate body. The Court found that the City's failure to request a stay from the Commission before seeking one from the Court was inconsistent with these procedural requirements. Additionally, the Court concluded that the Commission had jurisdiction to grant the City's request for a stay, rejecting El Paso Electric's arguments to the contrary. The Court's decisions were based on the need to develop a complete factual record and apply the Commission's expertise to the relevant issues, thereby conserving judicial resources and preserving the Court's appellate role (paras 18-31).
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