New Mexico Reviews the Impact of 2017 Federal Tax Cuts and Jobs Act on Regulated Utilities

On Wednesday, January 24, 2018, the New Mexico Public Regulation Commission (PRC) issued an “Order Commencing Review of the Effects of the Federal Tax Cuts and Jobs Act of 2017 (TCJA) on Regulated New Mexico Utilities.”  The Commission recognizes that the TCJA may have a major effect on the earnings and overall financial condition of …

Colorado Liquor Law Working Group Releases Report on Changes to Retail Liquor Licenses

On December 29, 2017, the SB 16-197 Working Group released its report to the Senate Business, Labor, and Technology Committee and the House Business Affairs and Labor Committee making recommendations on the implementation of the sweeping changes to Colorado Liquor Law that were signed into law by Governor Hickenlooper in 2016. SB-197 addressed the regulation …

Multiple Parties Enter Rate Case Negotiations to Benefit New Mexico Utility Customers

A proposed reduction of $4.4 million to Public Service Company of New Mexico’s capital investment requirement combined with savings from the recently enacted tax legislation may still yield a fee increase for consumers of approximately 2% spread over two years. In response to the New Mexico Public Regulation Commission (PRC) Revised Order Partially Adopting Certification …

Will New Mexico Utility Customers Be First in Country to Benefit from the Recently Passed Corporate Tax Bill?

On Wednesday, January 10, 2018, the New Mexico Public Regulation Commission (PRC), in a 3-2 vote, accepted a modified stipulation in an electric rate case for Public Service Company of New Mexico (PNM). The approval by the Commission, if accepted by the stipulation signatories, would result in a 2% increase, spread over two years, for …

EPA Declines to Impose CERCLA Financial Assurance Regulations on Hardrock Mining

The U.S. Environmental Protection Agency (EPA) signed a final action declining to impose financial assurance regulations on the hardrock mining industry under Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This proposal was directed at managing the financial cost of hardrock mining, particularly the cost of cleanup in situations where the …

Challenge to Electrical Generation Property Valuation Must Be Filed Timely

State agencies are often given broad powers to adjudicate disputes, with the courts having the responsibility to review agency decisions. The timeline to review agency decisions may seem obvious, but the facts sometimes may create confusion, and in turn thwart the timely initiation of the action, which is essential for judicial review to be sought. …

Pueblo Hits Turn Signal for Black Hills Off-Ramp

By a resounding seven to zero vote, the City Council in Pueblo, Colorado recently passed a resolution to explore if and how the city could extricate itself from its franchise agreement with Black Hills Energy (BHE), clearing the way for the city to pursue creation of a municipal utility. The South Dakota-based BHE signed the …

DAPL Developer Sues Environmental Groups

In a remarkable development around the contentious Dakota Access Pipeline (DAPL), the developer of the project, Energy Transfer Equity and Energy Transfer Partners, sued the environmental groups that opposed DAPL. Energy Transfer sued  Greenpeace International, Greenpeace Inc., Greenpeace Fund, Inc., BankTrack, and Earth First! alleging that the: group of co-conspirators (the “Enterprise”) manufactured and disseminated …