a. m. docs/03-22-11 om minutes.pdf · 22-03-2011  · ms. caffey-moquin said the filing received on...

19
MINUTES OF THE REGULAR OPEN MEETING NEW MEXICO PUBLIC REGULATION COMMISSION March 22, 2011 TIME: 9:30 a. m. PLACE: A quorum was present as follows: Members Present: Commission Chairman Patrick H. Lyons Commission Vice-Chairman Jerome D. Block [arriving later] Commissioner Jason A. Marks Commissioner Theresa Becenti-Aguilar Commissioner Ben L. Hall Members Excused: Staff Present Johnny Montoya, Chief of Staff Robert Hirasuna, General Counsel Rick Blumenfeld, Associate General Counsel Robert Parker, Associate General Counsel Rick Blumenfeld, Associate General Counsel Stacy Starr-Garcia, Executive Administrator for Chief of Staff David Barton, Insurance Division Carol Rising, Legal Division Director Roy Stephenson, Utility Division Director Michael Ripperger, Telecommunications Bureau Chief Larry Lujan, Transportation Division Director Jim Williamson, CRD Director Gerald Garner, PIO Others Present Carl Boaz, Stenographer CALL TO ORDER PERA Building 4th Floor Hearing Room 1120 Paseo de Peralta Santa Fe, New Mexico 87501 The Regular Open Meeting was scheduled at 9:30 a.m., pursuant to proper notice under NMSA 1978, 10-15-1(C), and the Commission's Open Meeting Policy. Commission Chairman Patrick Lyons called the Regular Open meeting to order at 9:30 a.m., in the Fourth Floor Hearing Room, PERA Building, 1120 Paseo de Peralta, Santa Fe, New Mexico.

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Page 1: a. m. docs/03-22-11 OM minutes.pdf · 22-03-2011  · Ms. Caffey-Moquin said the filing received on March 21 st had no pleading with the affidavit. Commissioner Marks was then not

MINUTES OF THE REGULAR OPEN MEETING

NEW MEXICO PUBLIC REGULATION COMMISSION March 22, 2011

TIME: 9:30 a. m. PLACE:

A quorum was present as follows:

Members Present: Commission Chairman Patrick H. Lyons Commission Vice-Chairman Jerome D. Block [arriving later] Commissioner Jason A. Marks Commissioner Theresa Becenti-Aguilar Commissioner Ben L. Hall

Members Excused:

Staff Present Johnny Montoya, Chief of Staff Robert Hirasuna, General Counsel Rick Blumenfeld, Associate General Counsel Robert Parker, Associate General Counsel Rick Blumenfeld, Associate General Counsel Stacy Starr-Garcia, Executive Administrator for Chief of Staff David Barton, Insurance Division Carol Rising, Legal Division Director Roy Stephenson, Utility Division Director Michael Ripperger, Telecommunications Bureau Chief Larry Lujan, Transportation Division Director Jim Williamson, CRD Director Gerald Garner, PIO

Others Present Carl Boaz, Stenographer

CALL TO ORDER

PERA Building 4th Floor Hearing Room 1120 Paseo de Peralta Santa Fe, New Mexico 87501

The Regular Open Meeting was scheduled at 9:30 a.m., pursuant to proper notice under NMSA 1978, 10-15-1(C), and the Commission's Open Meeting Policy. Commission Chairman Patrick Lyons called the Regular Open meeting to order at 9:30 a.m., in the Fourth Floor Hearing Room, PERA Building, 1120 Paseo de Peralta, Santa Fe, New Mexico.

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A copy of the sign-in sheet for the Regular Open Meeting is incorporated herewith to these minutes as Exhibit 1.

A copy of the Agenda for the Regular Open meeting is incorporated herewith to these minutes as Exhibit 2.

1. PLEDGE OF ALLEGIANCE

2. INTRODUCTIONS

Mr. Xiao introduced Mr. David Ault as part of the examinations team.

3. MISCELLANEOUS ANNOUNCEMENTS

There were no miscellaneous announcements.

4. CONSIDERATION AND APPROVAL OF THE AGENDA

Commissioner Marks moved to approve the agenda as presented. Commissioner Becenti­Aguilar seconded the motion.

Mr. Lujan asked that Item 88 [sic], the petition to cease and desist, be tabled since the applicant just brought in the information requested [This case was the second case under 8. A.]

Mr. Parker said this case was under a special provision that allowed the Transportation Director, if there was a safety issue, to report it at the next meeting.

Chairman Lyons said he could report next Tuesday.

Commissioner Marks suggested that if all of it was resolved it didn't need to be on the agenda.

The motion passed by unanimous (4-0) voice vote. Commissioner Block was not present for the vote.

5. CONSIDERATION AND APPROVAL OF MINUTES

• Minutes of the Regular Open Meeting of February 15, 2011

Minutes of the Regular Fom,al Open Meeting March 22, 2011 Page2

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" Minutes of the Regular Open Meeting of February 17, 2011

Commissioner Becenti-Aguilar moved to approve the minutes of February 15, 2011 and February 17, 2011 as presented. Commissioner Marks seconded the motion and it passed by unanimous (4-0) voice vote. Commissioner Block was not present for the vote.

6. PUBLIC COMMENT

There were no comments from the public.

1. CONSENT ACTION ITEMS

A. Transportation Division

10-00061-TR-M IN THE MATTER OF THE APPLICATION OF 1-800-PACK-RAT LLC., FOR A CERTIFICATE TO PROVIDE HOUSEHOLD GOODS CARRIER SERVICE (Rick Blumenfeld) Order

This matter was tabled under Approval of the Agenda.

B. Utility Division

03639

03796

03812

03-00353-UT

IN THE MATTER OF THE AFOR PETITION BY QWEST CORPORATION FOR WAIVERS APPLICABLE TO PRIMARY SERVICE HELD ORDERS (Margaret Caffey-Moquin) Order

IN THE MATTER OF THE APPLICATION OF QWEST CORPORATION FOR A VARIANCE FROM SECTION IV. C.3 OF THE AMENDEDALTERNATIVE FORM OF REGULATION PLAN. (Margaret Caffey-Moquin) Order

IN THE MATTER OF QWEST CORPORATION'S ANNUAL COMPLIANCE FILING AND NOTICE OF SUBSTANTIAL COMPLIANCE FOR PERIOD 1 OF THE AMENDED ALTERNATIVE FORM OF REGULATION PLAN. (Margaret Caffey-Moquin) Order

IN THE MATTER OF QWEST CORPORATION'S ANNUAL COMPLIANCE FILING AND NOTICE OF SUBSTANTIAL COMPLIANCE FOR PERIOD 2 OF THE AMENDED ALTERNATIVE FORM OF REGULATION PLAN.

Minutes of the Regular Formal Open Meeting March 22, 2011 Page3

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05-00094-UT

06-00325-UT

07-00445-UT

(Margaret Caffey-Moquin) Order

IN THE MATTER OF THE IMPLEMENTATION AND ENFORCEMENT FO QWEST CORPORATION'S AMENDED ALTERNATIVE FORM OF REGULATION PLAN. (Margaret Caffey-Moquin) Order

IN THE MATTER OF THE PROPOSED SETTLEMENT OF CERTAIN ISSUES PERTAINING TO QWEST CORPORATION'S NEW MEXICO TELECOMMUNICATIONS INVESTMENT REQUIREMENTS UNDER ITS AMENDED ALTERNATIVE FORM OF REGULATION PLAN. NEW MEXICO ATTORNEY GENERAL, NEW MEXICO GENERAL SERVICES DEPARTMENT AND QWEST CORPORATION, APPLICANTS. (Margaret Caffey-Moquin) Order

IN THE MATTER OF THE COMPLAINT OF BARBARA ARONSON AGAINST CENTRAL NEW MEXICO ELECTRIC COOPERATIVE, INC. (Bob Parker) Order

Commissioner Marks moved to approve all of the Consent Action Item cases. Commissioner Becenti-Aguilar seconded the motion and it passed by unanimous (4-0) voice vote. Commissioner Block was not present for the vote. So Ordered.

8. REGULAR ACTION ITEMS

A. Transportation Division

11-00081-TREN IN THE MATTER OF STAFF'S PETITION FOR ORDER TO SUSPENDING OPERA TING AUTHORITY OR TO CEASE AND DESIST TO THE Q PERSONAL CONCIERGE, LLC. (Bob Parker) Order

This matter was tabled under approval of the agenda.

09-00192-TR-P IN THE MATTER OF THE ADOPTION OF PROPOSED AMENDMENTS TO THE COMMISSION'S MOTOR TRANSPORTATION RULE, "MINIMUM LIMITS OF PUBLIC LIABILITY INSURANCE." TRANSPORTATION DIVISION STAFF OF THE PUBLIC REGULATION COMMISSION, PETITIONER. (Rick Blumenfeld) Order

Minutes of the Regular Formal Open Meeting March 22, 2011 Page4

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Mr. Blumenfeld presented information to the Commission regarding this matter. He said he put the exhibit A in the order as requested by the Commission.

Commissioner Marks asked if DPS went down to 7 passengers. Mr. Blumenfeld agreed.

Commissioner Marks asked if the Commission would be okay with keeping it at less than 7. Mr. Blumenfeld agreed.

Commissioner Marks asked if the required coverage for 1-7 passenger vehicles today was a million. Mr. Blumenfeld agreed.

Mr. Blumenfeld clarified that the comment period ended months ago.

Commissioner Marks said he got an ex parte communication from Mr. Earnest from the taxi cab record book that the national maximum was a million dollars for taxi cabs and the median was 300,000. So New Mexico was in the upper range already.

Commissioner Block arrived at this time ..

Mr. Blumenfeld said there was a comment that anyone new to the business would probably operate illegally rather than insure at $1.5 million.

Commissioner Marks moved to approve the insurance coverage amount consistent with DPS, leaving the lowest size at $1 million for 7 or fewer passengers Commissioner Block seconded the motion. Commissioner Marks asked this to be put in the record. The motion passed by unanimous (5-0) voice vote. So Ordered.

Commissioner Marks noted that aside from smaller vehicles the Commission had significantly increased insurance requirements. And it was to increase the recourse in case of something bad. He wanted the reason for the one change shown in the order.

B. Utility Division

11-00089-UT IN THE MATTER OF INDIAN HILLS WATERWORKS' ADVICE NOTICE NO. 5. (Margaret Caffey-Moquin) Order

Ms. Caffey-Moquin presented information to the Commission regarding this matter. Steve and Joan were present.

Chairman Lyons acknowledged members of the public who were from Indian Hills.

Ms. Caffey-Moquin said Bob Tingley, owner of the Water Works for Indian Hills and nearby communities including Squaw Valley and Woodland Hills, was coming with Advice Notice #5. He prepared it last year and mailed it out on December 20, 2010. It was filed with the PRC on February 21, 2011 and

Minutes of the Regular Formal Open Meeting March 22, 2011 Page 5

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before that time, some protests were received.

On March 14, the PRC received a roster of customers who wanted to add their names to the protesters' list. It was a small water company and the legislature approved a section for them if they had to go through litigation each time. When there were protests, then, for different categories of numbers of customers, the statute said the PRC shall call a hearing.

Mr. Hirasuna was notified of it on Friday and looked into it. Based on the number of protests, he recommended that rates be suspended. Clearly the increases were below 50% but there were 27 protests from existing customers which exceeded 10% of the 223 customer base. Ms. Caffey-Moquin had copies of the original protests with signatures and not counting those that had no signature, the total was 27.

Mr. Tingley's rate application indicated he was disputing the time delay for protests. It was submitted on March 14.

Commissioner Marks asked how Mr. Tingley could dispute the protests that were filed before the deadline.

Ms. Caffey-Moquin said it was a good faith effort to dispute what was presented to him. He had not received any personally when he filed.

Commissioner Marks asked if he had to notice customers in December. Ms. Caffey-Moquin agreed.

Commissioner Marks asked what the time frame was for protests.

Ms. Caffey-Moquin said it was 20 days under rule 770.

Mr. Schwebke clarified that the notice is sent and no sooner than 60 days later files the advice notice with the Commission that starts a 20 day protest clock. If no protests were received then it would become accepted in 30 days. In this case, the protest period ended March 13th.

Mr. Marks concluded that Mr. Tingley didn't get any protests during that period.

Commissioner Marks asked if protesters were required to serve him or just the Commission.

Ms. Caffey-Moquin said the statute indicated that the protest must be delivered to Water Company in person or in mail.

Commissioner Marks saw a lot of analogies with the Kit Carson case and her recommendation was well taken. The rates should be suspended but the Commission should mention that he filed his objection and maybe indicate that the Commission was not taking an action either way. It should go to the HE for the rate case. In the Kit Carson case the Commission allowed an opportunity for the utility to request a hearing on the protest. Ms. Caffey-Moquin agreed.

Commissioner Marks thought they did the suspension and had the hearing. The Commission didn't do

Minutes of the Regular Formal Open Meeting March 22, 2011 Page6

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anything until that hearing. Either way the Commission didn't know there would be a request for a hearing.

Ms. Caffey-Moquin noted that Mr. Tingley indicated that said if staff and Commission disagreed, he would request findings and conclusions. Perhaps the HE could sort out the threshold matter.

Commissioner Marks felt the Commission had to decide if there was to be a hearing.

Ms. Caffey-Moquin said that Records had not scanned these yet

Ms. Caffey-Moquin said the filing received on March 21 st had no pleading with the affidavit.

Commissioner Marks was then not clear what they were requesting but Indian Hills should have the opportunity to dispute the protests.

Mr. Hirasuna said in order to expedite it, the Commission cot.;id note in the order that if a hearing was requested that the HE do the hearing.

Commissioner Marks agreed and suggested it say if Indian Hills Waterworks wished to challenge the protest, they would have so many days to do so and would need to file a motion to that effect and to indicate what amount of protests were needed.

Ms. Kay Baer, Secretary of the Indian Hills Homeowners' Association, reported that they did have a mi:i,:::,tinr, \/P<:terday on this fvir Tinn IP\/ had been in businP<:;<:; 1h v'A;'.lf<:; He was pockAtinn mnnAy and not ···-"""'"'t' J>.J'>J • , ... ' '" ;:::,,.._,; J '' ,; ,v,..,..., -- J --· ._, ......... ~ ···--· , ....

nakin: irr'."Fovements. He rh,,' r~ ~e ?tes but didn't, ,ake im.~- o\ ements. They were out of water last :-: .... , :r,: n;:n:n.

She said the current rate was $29.50 and Mr. Tingley wanted to raise it to $41. She showed a "certified with return receipt" that the protest was mailed to him.

Commissioner Marks moved to adopt the order as presented but noting the Commission received the March 21 affidavit and 1,•;as not sure what the 1ntent was and if it was a challenge to the protest; that he must make a fi!lng within 14 days why a sufficient number of protests was not valid

d . . .. t t t th .. - " C . . . . " d d th t· d ·t d b an allO'W ma o go o e Hi::::: as wen. omm1ss1oner Han secon e e mo 10n an I passe y unammous - voice vote. ::so urnere . . (5 0) . . - - . d

Commissioner Marks recalled that the Commission had hearings out there. The water had been off and on with service quality and staff said changes were needed (engineering study). There could be some capital needs but also a history of a lot of customer dissatisfaction. It should get worked it out in the hearing.

08-00204-UT IN THE MATTER OF THE APPLICATION OF PUBUC SERVICE COMPANY OF NEW MEXICO FOR APPROVAL OF 2008 ELECTRIC Et-JERGY EFFICIENCY PROGRAMS AND LOAD MANAGEMENT PROGRAMS AND PROGRAM COST TARIFF RIDERS PURSUANT TO THE NEW MEXICO PUBLIC UTILITY AND

Minutes of the Regular Formal Open Meeting March 22, 2011 Page 7

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EFFICIENT USE OF ENERGY ACT. (Robert Hirasuna) Order

Mr. Hirasuna presented information regarding this matter to the Commission. He explained that the docket was not closed in this case and procedurally could be reopened at any time.

Commissioner Marks thought they were just using a docket number with nothing on merits to avoid paying $25 to start a new docket.

Mr. Hirasuna reviewed the background. On September 2008, PNM filed for approval of their programs and a tariff rider to cover costs. The regulations required PNM to file a report each year on April 1. In Case 10-00282-UT PNM also filed on the programs and projected costs in the 2008 docket. What they now requested was for a variance that the Commission not require a reconciliation filing for 2008 this year.

He agreed that they were proposing what the programs should be in the 2010 case. Once decided in the 2008 case, they would file a reconciliation. The problem was that the hearing on 282 was already held. Apparently there was new evidence.

Chairman Lyons asked when the 2008 case was approved.

Mr. Hirasuna said it was approved in 2008 but PNM had to continue filing a reconciliation on April 1 each year. They recovered costs over a two-year period.

Commissioner Marks asked if the true up was for 2010 collections whether they collected too much or too little. Mr. Hirasuna agreed.

Chairman Lyons asked what they reported about 2009.

Mr. Hirasuna said they did file that report. He quoted from the 2010 energy efficiency case. The 2010 hearing had been held by Mr. Schannauer. The PRC could require another hearing on the true up from 2008. The issue was whether the Commission should approve the new plan.

Chairman Lyons asked what was most efficient to do.

Mr. Hirasuna recommended denying a variance and make them file the reconciliation on April 1 and then decide what reconciliation should be done because they exceeded their 2008 budget significantly. When they go over 25% above the budget they must get PRC approval. They exceeded it by 44 % on a couple of 2008 programs. It cost more in 2010.

Commissioner Marks asked if at the point of their filing the Commission could decide what to do. Mr. Hirasuna agreed.

Chairman Lyons asked if Mr. Hirasuna could provide hard data on the costs. Mr. Hirasuna agreed.

Commissioner Marks said it would have to be served on staff and AG and parties. Then within three

Minutes of the Regular Formal Open Meeting March 22, 2011 Page 8

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weeks the Commission would know if there was a dispute. If so, then they would have a hearing; if not, there would be no hearing.

Mr. Hirasuna said in 10-00280 they included a tariff rider and that could be easilv addressed. . '

Commissioner Hall moved to approve the order and keep both parts separate. Commissioner Becenti­Agu1!ar seconded the motion and it passed by unanimous (5-0) voice vote. So Ordered.

9. COMMUNICATIONS WITH GENERAL COUNSEL, ROBERT HIRASUNA

Mr. Hirasuna said the hearing in the case whether PNM South customers should be consolidated with north customers was held but the person who was hired to testify in the case had been hired as a consultant by a water company

Commissioner Marks sajd he was a professor at NMSU in the Center for Public Utilities. He had appeared ;n a water case before as an expert witness. He saw no problem with that.

Mr. Hirasuna said it was the possibility of a perception that the Commission might be more sympathetic to his clients.

Commissioner Marks said the Commission would just need a sign off from the other companies.

Mr. Hirasuna said the PRC only used him for one case.

10. COMMUNICATIONS WITH CHIEF OF STAFF, JOHNNY MONTOYA

• Legislative Matters

Mr. Montoya handed out a summary of the bills the Commission was watching. There were 25 out of 324 that now awaited the Governor's signature.

Commissioner Block thanked all staff for their efforts working across the street. He thought they were successful He thought Mr. Montoya·s idea for a commitiee was a good idea and suggested Commissioner Hall chair it for support of the legislation.

Commissioner Hall agreed to help but he needed some Division Directors to help. They needed to make sure their analysis was complete and accurate. Commissioner Block agreed.

Chairman Lyons agreed to go over too.

Mr. Montova aoreed to prioritize them and brino them to the Commission on Thursday. ~ - ~

• Pecos Valley Medical Center/Pecos Valley Ambulance - Report

Minutes of the Regular Formal Open Meeting March 22, 2011 Page9

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Commissioner Block said they received a concern from the mayor and residents of Pecos. The Medical Center would be closing down and they wanted to make sure Pecos would still have an ambulance so he got a group together to figure out how to make it a win-win for everyone. On April 1 Superior would be providing an ambulance fo, Pecos Valley.

Mr. Lujan said they eniered into an agreement to provide ambulance services there.

Ms. Sigrid Olsen from Pecos Valley Medical Center was present and explained that the Center had provided ambulance service for 11 years. With thanks to staff and Commissioner Block the private non­profits should not be providing ambulance service in small communities. It was hard to monitor and keep safe.

The Center put over $250,000 into making sure the arnbuiarce was there. There was no coherent way to sustain the services. She encouraged the Commission that they would work with DOH to make sure emergency services were stiii ava:iabie.

Commissioner Block thanked them for making sure the ambulance service would continue to stay there and provide service until the change could be realized.

Commissioner Marks asked what the GRT barrier was to provide it.

Ms. Olsen said the GRT eiection resulted in failure by the voters.

r'~mm;~ • Bl kh~rlh~~•rl>,~=p "d •- ,;__,,. __ r,_ t h dP----•-•'-- 'd 0vH !! rn;:;SIoner oc ou : rt:or u : : v::: ecos resI en(s :ra1 me voun y pus e ecu:s tu me sI e.

Commissioner Marks asked if the City of Las Vegas was still providing an ambulance subsidy.

Mr. Lujan didn't know of a single one that was not being subsidized. Superior provided the ambulance for Las Vegas and it had a subsidy. They would be subsidized by the County and the village when they started in Pecos.

Commissioner Block said ii would cost $386,000 per yea,; in Pecos. The county wouid contribute $100.000 and village would vovide S22.000.

Mr. Montoya added that it would be carried over as debt to the following year.

Ms. Olsen said the Medical Center would continue but would be dropping the ambulance. They had a subsidy from the county for $185,000 and this year they proposed $85,000.

Mr. Montoya said the county was also ccnatirg a building and an ambuiance.

Comml'sn;Ann, Un,i,n d d cn~•-;nn:Ann, Bl k f _, . -'- -~ - ; . - - h f lk d" I d ;,:v, it;' :v:a: r,;, commen e Vi:::: ::;,;,:v, it;i oc or a gooo JOO maK:ng sure W en O S 18 e 911 that they wuuiu Jt: i 1t:iped.

Minutes of the Regular Formal Open Meeting March 22, 2011 Page 10

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Mr. Montoya said the Village was thinking of doing their own GRT outside of the county.

Commissioner Marks felt the county should have supported the nonprofit at the same level.

Commissioner Block thanked Commissioner Hall who agreed to share some knowledge of the way Lincoln County did it and the San Miguel County Manager agreed to meet with him on it.

Commissioner Hall explained that Lincoln County did subsidize it through a mil levy on property tax and every property owner had to pay for ambulance service for the entire county. That was allowed under property tax statutes.

Mr. Lujan said the EMS Bureau had meetings about it and several representatives wanted to start a dialogue on the issue of how to pay for the service. Under the rules, the Transportation Director had authority to suspend. So he had suspended for 180 days. Santa Fe County would not be disrupted.

Commissioner Block asked if Santa Fe County agreed to a mutual aid agreement.

Mr. Lujan agreed. After the 180 days, the ambulance service provided by San Miguel County would be brought to the Commission for approval.

Commissioner Hall pointed out that the Commission charged insurance companies for fire. He asked why they couldn't do that for ambulance services too.

Commissioner Marks said the Commission did that with fire departments because it lowered the P&C premiums. But if they charged health insurance companies it would not lower premiums. He thought it best to just tax them for it.

Mr. Lujan said San Miguel County had a levy that failed in the last election.

Commissioner Block said the City of Las Vegas wanted a certain percentage of it. The Commission's job was to make sure someone was there to respond when people called 911 and make sure citizens were safe.

Chairman Lyons thanked Commissioner Block for getting this settled.

• Proposed dates for the commissioner tutorial offered by Kenneth W. Costello, Principal of the National Regulatory Research Institute (NRRI).

Mr. Montoya said Mary Collins put him in touch with Mr. Costello and he had volunteered to provide a two-day training for commissioners and staff sometime in June at no charge.

Chairman Lyons said he would like to do it.

Commissioner Block thought staff should also take advantage of it. He was sharp.

Minutes of the Regular Formal Open Meeting March 22, 2011 Page 11

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Chairman Lyons asked him to check the dates since the Commission had an event in Denver in June.

Mr. Montoya said they would possibly get a tour of the power plant in Farmington. Possibly they could have an open meeting in the area and do the tour.

Commissioner Becenti-Aguilar thought that would be a good time. They would all like to have meetings in their districts. They had a meeting in Aztec in September already.

11. COMMUNICATIONS WITH COMMISSIONERS

• Letter of support for Jetstream Communications, Inc. by Commissioner Block.

Commissioner Block said he drafted a letter of support and read it to the Commissioners. He asked permission to send it out to support the concept and the economic benefit.

The Commission approved sending the letter out by consensus.

Commissioner Hall noted that today they got rid of many cases on the old cases list.

Chairman Lyons thanked staff for cleaning them up.

12. ADJOURNMENT

Commissioner Marks moved to adjourn the meeting. Commissioner Block seconded the motion and it passed by unanimous voice vote.

The meeting was adjourned at 10:50 a.m.

Minutes of the Regular Formal Open Meeting March 22, 2011 Page 12

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(

ATTEST:

TELEPHONICALLY APPROVED

JASON A. MARKS, COMMISSIONER

Minutes of the Regular Formal Open Meeting March 22, 2011 Page 13

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NEW MEXICO PUBLIC REGULATION COMMISSION

OPEN MEETING

SIGN-IN SHEET

DATE: {)3 ~/1, ~?I,// --~-----,,"-"'--------

Thank you for attending this meeting.

EXHIBIT 1 PRC 03/22/11

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BEFORE THE NEW MEXICO PUBLIC REGULATION COMMISSION

REGULAR OPEN MEETING Tuesday, March 22, 2011

9:30 A.M. PERA Building, 4th Floor Hearing Room

1120 Paseo de Peralta, Santa Fe, NM 87501

AGENDA

1. PLEDGE OF ALLEGIANCE

2. INTRODUCTIONS

3. MISCELLANEOUS ANNOUNCEMENTS

4. CONSIDERATION AND APPROVAL OF THE AGENDA

5. CONSIDERATION AND APPROVAL OF MINUTES

• Minutes of the Regular Open Meeting of February 15, 2011

• Minutes of the Regular Open Meeting of February 17, 2011

6. PUBLIC COMMENT

7. CONSENT ACTION ITEMS

A. Transportation Division 10-00061-TR-M IN THE MATTER OF THE APPLICATION OF 1-800-Rick Blumenfeld PACK-RAT, LLC FOR A CERTIFICATE TO

PROVIDE HOUSEHOLD GOODS CARRIER SERVICE.

Regular Open Meeting Agenda Tuesday, March 22, 2011 Page 1 of 5

Order

EXHIBIT 2 PRC 03/22/11

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8 Ut'l't 1 1 tv D1v1s1on 03639 Margaret Caffey-Moquin

03786 Margaret Caffey-Moquin

03812 Margaret Caffey-Moquin

03-00353-UT Margaret Caffey-Moquin

05-00094-UT Margaret Caffey-Moquin

Regular Open Meeting Agenda Tuesday, March 22, 2011 Page 2 of 5

IN THE MATTER OF THE AFOR PETITION BY QWEST CORPORATION FOR WAIVERS APPLICABLE TO PRIMARY SERVICE HELD ORDERS.

Order

IN THE MATTER OF THE APPLICATION OF QWEST CORPORATION FOR A VARIANCE FROM SECTION IV.C.3 OF THE AMENDED ALTERNATIVE FORM OF REGULATION PLAN.

: Order

IN THE MATTER OF QWEST CORPORATION'S ANNUAL COMPLIANCE FILING AND NOTICE OF SUBSTANTIAL COMPLIANCE FOR PERIOD 1 OF THE AMENDED ALTERNATIVE FORM OF REGULATION PLAN.

Order

IN THE MATTER OF QWEST CORPORATION'S ANNUAL COMPLIANCE FILING AND NOTICE OF SUBSTANTIAL COMPLIANCE FOR PERIOD 2 OF THE AMENDED ALTERNATIVE FORM OF REGULATION PLAN.

Order I

IN THE MATTER OF THE IMPLEMENTATION AND ENFORCEMENT FO QWEST CORPORATION'S AMENDED ALTERNATIVE FORM OF REGULATION PLAN.

Order

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06-00325-UT IN THE MATTER OF THE PROPOSED SETTLEMENT

Margaret Caffey- OF CERTAIN ISSUES PERTAINING TO QWEST

Moquin CORPORATION'S NEW MEXICO TELECOMMUNICATIONS INVESTMENT REQUIREMENTS UNDER ITS AMENDED ALTERNATIVE FORM OF REGULATION PLAN.

NEW MEXICO ATTORNEY GENERAL, NEW MEXICO GENERAL SERVICES DEPARTMENT AND QWEST CORPORATION, APPLICANTS.

Order

i

[ 07-00445-UT IN THE MATTER OF THE COMPLAINT OF : Bob Parker BARBARA ARONSON AGAINST CENTRAL NEW

MEXICO ELECTRIC COOPERATIVE, INC.

Order

8. REGULAR ACTION ITEMS

B. Transportation D1v1s1on 11-00081-TREN IN THE MATTER OF STAF'S PETITION Bob Parker FOR ORDER TO SUSPENDING OPERATING

AUTHORITY OR TO CEASE AND DESIST TO THE Q PERSONAL CONCIERGE, LLC.

09-00192-TR-P Rick Blumenfeld

Regular Open Meeting Agenda Tuesday, March 22, 2011 Page 3 of 5

IN THE MATTER OF THE ADOPTION OF PROPOSED AMENDMENTS TO THE COMMISSION'S MOTOR TRANSPORTATION RULE, "MINIMUM LIMITS OF PUBLIC LIABILITY INSURANCE."

TRANSPORTATION DIVISION STAFF OF THE PUBLIC REGULATION COMMISSION, PETITIONER.

Order

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B. Utility Division 11-00089-UT Margaret Caffey­Moquin

08-00204-UT Robert Hirasuna

IN THE MATTER OF INDIAN HILLS WATERWORKS' ADVICE NOTICE NO. 5.

Order

IN THE MATTER OF THE APPLICATION 0F PUBLIC SERViCE COMPANY OF NE\A/ /,,1EXICO FOR APPR0VAL OF 2008 ELECTRIC ENERGY EFFICIENCY PROGRAMS AND LOAD

. MANAGEMENT PROGRAMS AND PROGRAM COST TARIFF RIDERS PURSUANT TO THE NEW

l MEXICO PUBLIC UTILITY AND EFFICIENT USE OF

I ENERGY ACT.

Order

9. COMMUNICATIONS WITH GENERAL COUNSEL, ROBERT HIRASUNA

10. COMMUNICATIONS WITH CHIEF OF STAFF, JOHNNY MONTOYA

• Pecos Va!!ey fltedical Center/Pecos Valley Ambulance - Report.

• Proposed dates for the commissioner tutorial offered by Kenneth W. Costello, Principal of the National Regulatory Research Institute (NRRI).

11. COMMUNICATIONS WITH COMMISSIONERS

• Letter of support for Jetstream Communications, Inc. by Commissioner Jerome D. Block.

12. ADJOURNMENT

The Commisslon will make reasonable efforts to post the agenda on the Commission's website 24 hours before the open meetlng but the inability to do so within the 24 hours prior will not require the Commission to delay the meeting or to refrain froni taking action on any agenda item on which it otherwise could act.

Regular Open Meeting Agenda Tuesday, March 22, 2011 Page 4 of 5

I

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At any time during the Open Meeting the Commission may close the meeting to the public to discuss matters not subject to the New Mexico Open Meetings Act. The Commission may revise the order of the agenda items considered at this Open Meeting.

PERSONS WITH DISABILITIES

ANY PERSON WITH A DISABILITY REQUIRING SPECIAL ASSISTANCE IN ORDER TO PARTICIPATE IN THIS PROCEEDING SHOULD CONTACT THE OFFICE OF DIRECTOR OF ADMINISTRATIVE SERVICES OF THE COMMISSION (827-4084) AS SOON AS POSSIBLE PRIOR TO THE COMMENCEMENT OF THE OPEN MEETING.

Regular Open Meeting Agenda Tuesday, March 22, 2011 Page 5 of 5