Attorney General v. New Mexico Public Service Commission

685 P.2d 957, 101 N.M. 549
CourtNew Mexico Supreme Court
DecidedAugust 15, 1984
DocketNo. 14852
StatusPublished
Cited by26 cases

This text of 685 P.2d 957 (Attorney General v. New Mexico Public Service Commission) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Attorney General v. New Mexico Public Service Commission, 685 P.2d 957, 101 N.M. 549 (N.M. 1984).

Opinion

OPINION

STOWERS, Justice.

This is a direct appeal from the Public Service Commission’s (Commission) decision that the coal costs incurred by Public Service Company of New Mexico (PNM) during the year 1980 were reasonable. PNM initially came before the Commission seeking an increase in rates based upon 1980 operating expenses. The parties stipulated to all issues except the issue of the justness and reasonableness of certain costs resulting from PNM’s purchase of coal from its affiliate, Western Coal Company (WCC). Following hearings in which the Attorney General (AG) participated, the Commission ruled that these costs would be allowed. The AG appeals. We affirm the Commission.

We discuss the following issues:

(1) Whether the Commission’s findings are adequate under New Mexico law and demonstrate that the Commission properly applied the relevant burden of proof;

(2) Whether certain rebuttal evidence was admitted for a limited purpose and thus was not available for consideration as substantive evidence; and

(3) Whether the Commission’s decision is supported by substantial evidence on the record.

The pertinent facts are as follows. During the late 1950’s and early 1960’s, PNM obtained certain coal leases in the Fruitland area of northwestern New Mexico. Between that period of time and 1980, PNM developed these leases, first through a wholly-owned subsidiary, Public Service Coal Company, and then through WCC, half-owned by PNM and half-owned by Tucson Electric Power Company. Coal for the PNM San Juan Generating Station was supplied by WCC until December 1980. Subsequently, the Fruitland leases were subleased by PNM to Utah International, which in turn subleased them to the San Juan Coal Company. San Juan Coal Company is a subsidiary of Utah International, which in turn is a subsidiary of General Electric.

The issue before the Commission was whether the coal costs incurred by PNM at the San Juan Station in 1980 were reasonable. Although the AG and PNM presented various methodologies to determine the reasonableness of these coal costs, the methods were variations of two fundamental approaches: the rate of return method supported by the AG, and the market comparison method advocated by PNM. A review of the record indicates that the evidence directed to the issue of the reasonableness of these coal costs was conflicting.

The Legislature has delegated to the Commission the power and authority to regulate utilities. NMSA 1978, § 62-6-4 (Cum.Supp.1983). The Commission designated a hearing examiner to preside over this case pursuant to NMSA 1978, Section 62-10-7 (Cum.Supp.1983). The hearing examiner found that PNM’s 1980 coal costs were reasonable. The Commission subsequently issued an order adopting the decision of the hearing officer. The AG then filed this appeal from the Commission’s order, pursuant to NMSA 1978, Section 62-11-1 (Cum.Supp.1983).

The AG argues that the Commission committed error by failing to make any findings as to the arms-length nature of the transaction between PNM and WCC and in so doing failed to apply the proper burden of proof. NMSA 1978, Section 62-10-14 requires only that the Commission find the ultimate fact. This Court previously stated:

The ultimate fact is the logical result of the proofs reached by reasoning from the evident facts. It is a conclusion of fact. (Citations omitted.)

International Minerals & Chemical Corp. v. New Mexico Public Service Commission, 81 N.M. 280, 283, 466 P.2d 557, 560 (1970). Furthermore, the Commission is not required to give reasons for its decision; ultimate findings phrased in the applicable statutory language are sufficient. Id. at 283, 466 P.2d at 560.

NMSA 1978, Section 62-6-4(C) (Cum.Supp.1983) provides in pertinent part:

The sale, furnishing or delivery of coal, uranium or other fuels by any affiliated interest to a utility for the generation of electricity for the public shall be subject to regulation by the commission but only to the extent necessary to enable the commission to determine that the cost to the utility of such coal, uranium or other fuels at the point of sale is reasonable. (Emphasis added.)

In the present case, the ultimate fact required to be found was the reasonableness of the cost of the coal to PNM. The Commission made that finding and no other findings were necessary. There is no merit in the AG’s argument that the Commission erred in not entering a finding on the arms-length nature of the transaction. Such a finding is not required since it is not an ultimate finding. In this case, the arms-length nature of the transaction is not a fact which is “necessary to determine the controverted questions presented by the proceeding.” NMSA 1978, § 62-10-14.

Similarly, the AG’s argument that the Commission failed to apply the proper burden of proof is equally without merit. The normal burden to be met in making a prima facie case regarding costs incurred in transactions with non-affiliates is a demonstration that the costs were, in fact, incurred. However, the normal burden regarding costs incurred in transactions with affiliates is heavier, requiring a showing of the reasonableness of the costs. Boise Water Corp. v. Idaho Public Utilities Commission, 97 Idaho 832, 555 P.2d 163 (1976). A review of the record indicates that the Commission applied the normal burden required in affiliated transactions. The Commission required PNM to file testimony demonstrating the reasonableness of the coal costs involved. This testimony was filed and the Commission then considered all the evidence which went to a comparison of market prices and a comparison of profit levels. After considering this evidence, the Commission determined that the coal costs were reasonable, thus finding that PNM had met its burden of proof.

The AG next contends that certain rebuttal evidence was admitted for a limited purpose and thus was not available for consideration as substantial evidence. The AG argues that the Commission erred in relying on Rebuttal Exhibit E as primary and substantive evidence in this case. We disagree. Evidence can be admitted for a limited purpose and, once so limited, it cannot be relied on for another purpose. In Re Will of Callaway, 84 N.M. 125, 500 P.2d 410 (1972). However, this did not occur in the present case. Exhibit E is a compilation of coal prices on a nationwide basis expressed in cents per million BTU (MMBTU) for mine-mouth coal plant operations. A review of the record shows that PNM did not indicate that it was seeking to introduce Rebuttal Exhibit E for a limited purpose, nor did the AG ask that it be admitted for a limited purpose. Furthermore, this exhibit was admitted without objection.

In order for an objection to be timely, ■ it must be made at the time the party may reasonably become aware of the grounds for objection for the first time. State ex rel. Reynolds v. Rio Rancho Estates, Inc., 95 N.M. 560,

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Bluebook (online)
685 P.2d 957, 101 N.M. 549, Counsel Stack Legal Research, https://law.counselstack.com/opinion/attorney-general-v-new-mexico-public-service-commission-nm-1984.