August 2011

On July 28, 2011, the Navajo Nation Telecommunications Regulatory commission (NNTRC) initiated a rulemaking proceeding for a Proposed Application for Certificate of Convenience and Necessity (CCN) for telecommunications operators who desire to provide telecommunications services on the Navajo Nation.  Telecommunications service is defined as "the providing of voice or other communication services by telecommunications including, without limitation, non-voice communications services, or data communication services which may interconnect with other telecommunication networks and/or involve operation of transmission/reception devices for binary information representation."  The rule specifically states that it includes wireless phone and data services, satellite services, and Internet. read more

EPA published notice yesterday in the Federal Register of its decision to postpone certain greenhouse gas (GHG) reporting requirements in response to industry's concerns about the disclosure of confidential business information.  The decision applies only to specific input data required by previous rules to be included in the annual reports of direct GHG emitters such as power plants, petroleum refineries, and many types of manufacturing facilities.  For some of the data, the requirement to report is being postponed until March 31, 2013.  For the rest of the data, EPA is postponing reporting until March 31, 2015 in order to give the agency time to evaluate whether disclosure would cause competitive harm to reporting entities. read more

The State of New Mexico filed a Declaratory Judgment action against the federal government on August 8, 2011, claiming that the federal government has denied New Mexico its rightful allocation of surface water in the Rio Grande Project.  The State's complaint argues that the federal government's actions threaten the sustainable riverine environment, related aquifer, and the environment, flora, and fauna that rely on the Rio Grande and its connected groundwater.  Through its action, New Mexico seeks a court order to permanently enjoin and declare void the 2008 Operating Agreement to be executed by the federal government on the grounds that it violates the Water Supply Act of 1958 because it seriously affects the purposes for which the Rio Grande Project was authorized, surveyed, planned or constructed and is a major operational change to the Rio Grande Project without approval by Congress. read more

On Friday, August 5, the EPA issued a rule requiring installation of expensive air quality emissions controls for the San Juan Generating Station (SJGS), a 30 year-old power plant located west of Farmington, New Mexico.  Public Service Company of New Mexico (PNM), which owns approximately half the plant, has estimated the cost of the EPA's order at $750 million to $1 billion, translating into an $85 annual increase to ratepayers, although these figures are disputed by environmental organizations.  This comes on top of a nine percent rate increase recently approved by the Public Regulation Commission.  PNM plans to appeal the EPA's decision. read more

On August 2nd, the New Mexico Court of Appeals reinstated criminal charges against PRC Commissioner Jerome Block Jr. and his father, former Commissioner Jerome Block Sr.  The charges had previously been dismissed by District Court Judge Michael Vigil.  In April 2009, Commissioner Jerome Block Jr. was charged with election violation, tampering with evidence, conspiracy, and embezzlement. His father was charged with same charges, absent the embezzlement charge.  The charges arose out of alleged misuse of publicly funded campaign funds during the 2008 election.  If convicted of a felony charge, Commissioner Block would be removed from the Commission, regardless of any appeal, and Governor Susana Martinez would appoint a replacement for the remainder of the term.
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