A unanimous decision by the New Mexico Supreme Court says Las Cruces customers of El Paso Electric Co., the city’s primary electric utility, will have to pay an extra $5.7 million for emergency power from the Palo Verde Nuclear Generating Station in Arizona during Winter Storm Uri in 2021. The city had challenged the state Public Regulation Commission for allowing the costs to be passed along to EPE, which were caused by the storm that disrupted natural gas supplies and knocked out power in parts of Texas and New Mexico. EPE used power from the Palo Verde power plant so that its customers would have no interruption in electric service during the storm. “The Commission’s final orders established the requisite ‘rational connection between the facts found and the choices made,’ and were supported by substantial evidence,” Justice David K. Thomson wrote in the court’s decision.In making its decision, the Court found that EPE had bought emergency power from Palo Verde numerous times before, whereas Las Cruces argued that it had only done that once, in 2009. EPE will be allowed to have customers pay for the emergency power over a 12-month period, PRC said.
A unanimous decision by the New Mexico Supreme Court says Las Cruces customers of El Paso Electric Co., the city’s primary electric utility, will have to pay an extra $5.7 million for emergency power from the Palo Verde Nuclear Generating Station in Arizona during Winter Storm Uri in 2021.
The city had challenged the state Public Regulation Commission for allowing the costs to be passed along to EPE, which were caused by the storm that disrupted natural gas supplies and knocked out power in parts of Texas and New Mexico.
EPE used power from the Palo Verde power plant so that its customers would have no interruption in electric service during the storm.
“The Commission’s final orders established the requisite ‘rational connection between the facts found and the choices made,’ and were supported by substantial evidence,” Justice David K. Thomson wrote in the court’s decision.
In making its decision, the Court found that EPE had bought emergency power from Palo Verde numerous times before, whereas Las Cruces argued that it had only done that once, in 2009.
EPE will be allowed to have customers pay for the emergency power over a 12-month period, PRC said.
