During the evidentiary hearing related to the Bernhard Capital Partners buyout of NM Gas Company, Hearing Examiners denied New Energy Economy's Motion to Compel answers about BCP's history at other companies it owns, the testimony of our expert witness, a utility lawyer with direct first-hand experience of BCP's actions in Louisiana was barred from entry, and even the deposition of Jeffrey Baudier, a Senior Managing Executive at BCP was denied entry into the record. In effect, the Hearing Examiners ruled to ensure that almost no evidence of BCP's history as a company could be included as part of the decision making process at the PRC, a dangerous precedent that will hobble the PRC not only in this case but in any future acquisition case to come.
We filed an Emergency Motion seeking leave to file an Interlocutory Appeal to protect the rights of the public and the PRC to examine all facets of the company's record before deciding whether to approve or deny the acquisition.
On December 18th the PRC's next open meeting will be held at 10:00AM. The more public comment on this topic, the better. Comment will be accepted in person or virtually, but in order to comment virtually you will need to email the clerk at least one day prior to the meeting to get the link to join. Send the email to public.comment@prc.nm.gov.
In the meantime please fill out the form below so we can coordinate and share facts about the case that may be helpful as you draft your comment.