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JOURNAL COLUMN

OPINION: Secret utility deals will erode public鈥檚 trust in the PRC

Published

We might have made a mistake.

When voters in 2020 decided to overhaul the state Public Regulation Commission and switch from elected commissioners to an appointed panel, they were promised a more professional, less political regulatory body. 

The argument was simple. The PRC had become dysfunctional. Utilities are complex, and they should be overseen by experts with the best real-world experience, not the best campaign skills. They should be focused on consumers, not the next election. 

That was the theory. 

The reality deserves scrutiny. 

The Journal reported last week that hearing examiners for the PRC, reviewing the proposed $1.25 billion acquisition of New Mexico Gas Co. by Louisiana-based Bernhard Capital Partners, had expressed doubt about how effectively the PRC could regulate the utility after the deal closed. The hearing examiners did ultimately recommend the deal.

The public was made aware of hearing examiners Patrick Schaefer鈥檚 and Elizabeth Hurst鈥檚 recommendation, but not a few key concerns they raised during their review. 

Why? Because PRC commissioners Gabriel Aguilera, Greg Nibert and Patrick O鈥機onnell overruled the hearing examiners and sealed certain records, including details about equity sponsors connected with the transaction.

 The only reason we know about the additional details is because the PRC mistakenly and temporarily published a version of the report whose redactions disappeared when copied to another template. Journal reporter Justin Horwath was able to review the document before the full truth was pried away from you pesky ratepayers.

If the public is being asked to trust PRC decisions that will affect hundreds of thousands of customers, shouldn鈥檛 the public have a right to know about any concerns?

The PRC regulates monopolies. We can鈥檛 simply choose a different gas or electric company. Regulators are supposed to be the substitute for free market competition. But in order for the PRC to be effective, the commission needs to have the public鈥檚 trust. It earns that trust by being open and transparent, not with protective orders that keep us in the dark.

Proponents of the appointed commission had merit. Unqualified regulators who were looking to join the political fray can do serious harm on the PRC. But elections did bring one crucial feature: accountability. 

The appointed-commissioner model can certainly work. But only if the governor appoints the right commissioners. It鈥檚 hard to trust commissioners who rule against the hearing examiners 鈥 the people calling balls and strikes 鈥 and fall in line with the requests of the company seeking to run a utility. 

And there鈥檚 more at stake than just the gas bill. The PRC is also overseeing the proposed takeover of Public Service Company of New Mexico by Blackstone Infrastructure 鈥 arguably a more impactful transaction for everyday New Mexicans. 

New Mexico has set lofty goals for itself, such as the Energy Transition Act, which sets strict requirements for energy production. Those goals will require a tremendous amount of capital, which we don鈥檛 have enough of. So we鈥檙e going to have to rely on out-of-state money to accomplish the goals we have set. 

Getting across the finish line requires that we trust the PRC. 

This whole snafu smacks of a hoity-toity attitude that will erode our faith in the PRC. Let the experts be experts 鈥 these are complex issues that you probably won鈥檛 understand. We鈥檒l make the best decision for you. 

Hopefully, the commissioners earn back our trust. Disclose all the details about these crucial transactions.

When in doubt, make it public. And embrace a quote from the Nobel Prize-winning physicist Richard Feynman, who helped develop the atomic bomb right here in New Mexico: 鈥淚f you can鈥檛 explain it to a 6-year-old, you don鈥檛 understand it yourself.鈥

When making crucial decisions on our utilities, our regulators should explain it to us like we鈥檙e 6. 

After all, they鈥檙e the experts.

Ryan Boetel is the Opinion editor at the Journal. He can be reached at 505-823-3960 and rboetel@abqjournal.com.