PRC criticizes PNM, Avangrid joint advertisements but says they’re not within commission jurisdiction

Members of the New Mexico Public Regulatory Commission say a joint public relations campaign by the Public Service Company of New Mexico and energy giant Avangrid created confusion, but the state regulatory body does not have jurisdiction to stop them. Last year, the PRC blocked a merger between PNM and Avangrid, though that decision has […]

PRC criticizes PNM, Avangrid joint advertisements but says they’re not within commission jurisdiction

Members of the New Mexico Public Regulatory Commission say a joint public relations campaign by the Public Service Company of New Mexico and energy giant Avangrid created confusion, but the state regulatory body does not have jurisdiction to stop them.

Last year, the PRC blocked a merger between PNM and Avangrid, though that decision has since been appealed to the state Supreme Court. The utilities are still hoping that the merger will occur and, in documents filed with the PRC, they said that the joint advertisements, sponsorships and public service announcements are “in keeping with their continued goal to ultimately secure approval of their proposed merger.”

Despite the fact that the merger application was rejected, PNM and Avangrid have engaged in joint advertising campaigns that PRC commissioners say led some customers to wonder if the merger had actually happened.

New Energy Economy, a frequent PNM critic and consumer advocacy group, asked the state regulators to step in and to file an injunction against the utilities.

Related: Group accuses PNM, AVANGRID of misleading the public

On Wednesday, the PRC found that NEE did not identify “any existing rule, regulation or order subject to the Commission’s jurisdiction” that PNM and Avangrid have violated. 

NEE argued that PNM and Avangrid are trying to convince consumers that the merger has occurred regardless of what the court decides.

Some of this has been done through joint sponsorship of events or through advertisements.

But, the utilities pointed out, in some of those instances their logos appear alongside logos of other entities as well, including New Mexico Gas Company, Sandia National Laboratories and others.

Further, PNM and Avangrid say that co-sponsoring of events as well as joint advertisements and public service announcements are protected under the U.S. Constitution’s First Amendment. NEE contended that commercial speech has lesser protections under the Constitution and that “a knowing and reckless falsehood” would not be protected under the First Amendment.

NEE has also alleged that Avangrid logos have been seen on PNM service vehicles, however the PRC found that the advocacy group did not provide evidence to substantiate this claim.

The PRC found that the courts would be the proper jurisdiction to determine if PNM and Avangrid’s actions constitute violated laws intended to protect consumers from misleading branding or advertising.

Should NEE choose to pursue that route, the group will need to file a case in district court arguing that PNM and Avangrid have violated the state’s Unfair Practices Act.

Commissioner Joseph Maestas said the co-branding and joint advertising has had consequences, including confusing customers.

“I’ve received many, many emails, I’ve even received some postcards, wondering what’s going on,” he said.

He said that while the commission does not have jurisdiction over the matter, the campaign is “disingenuous and confusing the public.”

“I’m not sure what more we can do other than say it now: the merger is still denied,” Maestas said.

The current commission consisting of five elected commissioners will be replaced starting in January by a commission consisting of three appointed members. The future commission is expected to once again consider the merger, as many of the commissioners alluded to during their comments.

Commissioner Jeff Byrd, the only Republican on the commission, also had harsh words about the two utilities. 

“This joint effort to make the appearance that they are already one company just doesn’t pass the smell test and it’s inappropriate,” he said.

Commissioner Theresa Becenti-Aguilar said that once the current commissioners leave at the end of this month, “we aren’t going away.” 

“We will not be silent,” she said.

We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
Equality New Mexico endorses 15 legislative candidates

Equality New Mexico endorses 15 legislative candidates

A New Mexico-based LGBTQ rights organization endorsed 15 candidates for state House and Senate seats for the 2024 elections.  Marshall Martinez, executive director of…
Lujan Grisham pocket vetoes two bills

Lujan Grisham pocket vetoes two bills

Gov. Michelle Lujan Grisham pocket vetoed two bills the legislature passed this legislative session: one changing the Cybersecurity Act and the other concerning law…
BLM announces final methane waste rule

BLM announces final methane waste rule

The federal Bureau of Land Management announced its final methane waste rule on Wednesday. These new regulations clamp down on the practice of venting…
What consumers, farmers should know about the flu impacting dairy cows

What consumers, farmers should know about the flu impacting dairy cows

Migrating birds appear to have caused a virus in dairy cattle that is causing reduced milk production. So far, the disease, which initially started…
Republicans seek to limit national monument designations

Republicans seek to limit national monument designations

Republican-backed legislation in the U.S. Congress would make it harder for the government to designate new national monuments. The proposed Congressional Oversight of the…
Amid new graduation requirements, what do high schoolers want to learn?

Amid new graduation requirements, what do high schoolers want to learn?

By Margaret O’Hara, The Santa Fe New Mexican The main things that bring Brayan Chavez to school every day: Seeing, talking to and engaging with…
Special ed teachers hope lawmakers OK pay raises, admin changes

Special ed teachers hope lawmakers OK pay raises, admin changes

By Margaret O’Hara, The Santa Fe New Mexican Brittany Behenna Griffith has a laundry list of adjectives to describe the ideal special education teacher:…
Lawmakers must find consensus on competing education spending plans

Lawmakers must find consensus on competing education spending plans

By Margaret O’Hara, The Santa Fe New Mexican A challenging task awaits New Mexico lawmakers in the next 30 days: Reconciling three very different…
Health workers fear it’s profits before protection as CDC revisits airborne transmission

Health workers fear it’s profits before protection as CDC revisits airborne transmission

Amy Maxmen, KFF Health News Four years after hospitals in New York City overflowed with covid-19 patients, emergency physician Sonya Stokes remains shaken by…
Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Gov. Michelle Lujan Grisham announced Friday $10 million in funding from the federal American Rescue Plan Act was awarded to six tribal nations and…
Proposal to curb executive powers moves to House Judiciary

Proposal to curb executive powers moves to House Judiciary

The House Government, Elections and Indian Affairs Committee discussed a potential constitutional amendment that seeks to limit the governor’s executive powers. The committee approved…
Senators introduce legislation to aid abortion providers

Senators introduce legislation to aid abortion providers

Sen. Martin Heinrih and other Senate colleagues introduced abortion rights legislation into the U.S. Senate on Thursday. The Abortion Care Capacity Enhancement and Support…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

Lawyers from the conservative Christian group that won the case to overturn Roe v. Wade are returning to the U.S. Supreme Court on Tuesday in pursuit…
Senators introduce legislation to aid abortion providers

Senators introduce legislation to aid abortion providers

Sen. Martin Heinrih and other Senate colleagues introduced abortion rights legislation into the U.S. Senate on Thursday. The Abortion Care Capacity Enhancement and Support…
New Mexico Medicaid to cover cost of over-the-counter oral contraception

New Mexico Medicaid to cover cost of over-the-counter oral contraception

New Mexico Medicaid announced on Wednesday that it will cover the cost of Opill, the first oral contraception approved for over-the-counter use. It is…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
San Juan County, Navajo Nation settle redistricting case

San Juan County, Navajo Nation settle redistricting case

The Navajo Nation and San Juan County reached an agreement Monday about commission districts after the tribe alleged that its members were not adequately…
MIT ranks NM elections most well-run in the U.S.

MIT ranks NM elections most well-run in the U.S.

New Mexico’s 2022 election was ranked most well-run in the country by Massachusetts Institute of Technology’s Election Data and Science Lab’s Elections Performance Index.…
Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
Ex-GOP candidate allegedly hired people to kill witnesses in shootings of homes of Democratix politicians

Ex-GOP candidate allegedly hired people to kill witnesses in shootings of homes of Democratix politicians

Republican failed state house candidate Solomon Peña is facing more federal charges, this time on a murder-for-hire scheme.  Peña allegedly tried to hire two…
BLM announces final methane waste rule

BLM announces final methane waste rule

The federal Bureau of Land Management announced its final methane waste rule on Wednesday. These new regulations clamp down on the practice of venting…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…

GET INVOLVED

© 2023 New Mexico Political Report