Amendment changes the commission that oversees utility rates

Arguments pro and con

The Public Regulation Commission oversees utility rates, pipeline safety, transportation issues and the state fire marshal’s office. Currently, the PRC consists of five elected members, each representing different areas of the state. This amendment would reduce the number of commissioners to three and all would be appointed by the governor instead of elected by voters.

Summary: Constitutional Amendment 1 would amend Article 11, Section 1 of the Constitution of New Mexico to reduce the number of Public Regulation Commission members to three, with no more than two members from the same political party. Members would no longer be elected, but instead would be appointed for six-year terms by the governor, with the consent of the senate, from a list of nominees submitted to the governor through a newly established Public Regulation Commission Nominating Committee.

Constitutional Amendment 1 would also narrow the scope of the PRC’s constitutionally granted regulatory powers to public utilities, while still allowing the legislature to assign responsibility for the regulation of other public service companies to the commission by law. Arguments For

1 By insulating the commission from electoral politics, the commissioners may be better able to carry out their duties in an unbiased fashion. They could also focus on the interests of the ratepayers throughout the state rather than individual districts.

2 It would provide for increased vetting of commissioners and better ensure that well-qualified individuals serve on the PRC. New Mexico would join the vast majority of states that regulate utilities through governor-appointed commissions.

3 The PRC is a quasi-judicial body. Improved screening and qualification requirements would help ensure that commissioners possess the experience and training necessary to make decisions within the complex legal framework that governs public utility regulation.

Arguments Against

1 It does not change how the PRC actually functions. The amendment leaves it up to the Legislature to provide for how commissioners will be evaluated and what qualifications commissioners will be required to have.

2 It removes the voters’ ability to hold commissioners accountable for their actions. Electing commissioners from their respective districts allows the public more direct oversight of commissioners and their decisions.

3 The process to remove a commissioner would be more involved and take more time.