AI Generated Opinion Summaries

Decision Information

Citations - New Mexico Laws and Court Rules
TITLE 17 - PUBLIC UTILITIES AND UTILITY SERVICES - cited by 40 documents

Decision Content

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

  • Qwest Corporation, doing business as CenturyLink QC (CenturyLink), appealed against the Public Regulation Commission's (Commission) October 2019 Order. This Order adopted Quality of Service and Consumer Protection Rules for Large Incumbent Local Exchange Carriers in Case No. 17-00186-UT.

Procedural History

  • [Not applicable or not found]

Parties' Submissions

  • Appellant (CenturyLink): Argued that the Quality of Service rule (17.11.24 NMAC) and the Consumer Protection rule (17.11.25 NMAC) are contrary to law. Additionally, CenturyLink questioned whether substantial evidence supported the Commission’s Order and challenged the workshop process as arbitrary, capricious, and an abuse of discretion.
  • Appellee (New Mexico Public Regulation Commission): Defended the legality and evidentiary support of the Order and maintained that the workshop process was not arbitrary, capricious, or an abuse of discretion.

Legal Issues

  • Whether the Quality of Service rule and the Consumer Protection rule are contrary to law.
  • Whether substantial evidence supports the Commission’s Order.
  • Whether the workshop process was arbitrary, capricious, and an abuse of discretion.

Disposition

  • The Order of the Commission is affirmed.

Reasons

  • The Supreme Court of New Mexico, comprising Chief Justice Michael E. Vigil, Justice Barbara J. Vigil, Justice C. Shannon Bacon, and Justice David K. Thomson, unanimously affirmed the Commission's Order. The Court concluded that the challenged rules are in accordance with law and that the Commission acted within its statutory rule-making authority. It was determined that there was substantial evidence in the record to support the Commission’s Order and that the workshop process was not arbitrary, capricious, or an abuse of discretion (paras 1-11).
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