Group asks pair to recuse themselves in PRC case
New Energy Economy lawyer says Jones, Lovejoy cannot impartially rule on solar deal
State Public Regulation Commissioners Sandy Jones and Lynda Lovejoy should remove themselves from a case involving an Albuquerque solar energy company because of an “obvious appearance of impropriety,” an attorney for a renewable energy group said in a document filed Wednesday with the PRC.
The removal request comes three weeks after The New Mexican reported that Jones and Lovejoy, who are both seeking re-election, have received substantial campaign contributions from the Albuquerque company, Affordable Solar Installation, as well as related companies, company executives and family members of executives.
Also, Mark Fleisher of Albuquerque, a registered lobbyist for Affordable Solar, was a paid consultant for the campaigns of Jones and Lovejoy in 2014 and has said he has done volunteer work for the commissioners this year.
Mariel Nanasi, an attorney for the Santa Fe group New Energy Economy, which promotes carbon-free energy development, asked that Jones and Lovejoy recuse themselves from ruling on an application by El Paso Electric to purchase a $4.5 million solar farm to be built by Affordable Solar.
“Not only is there an obvious appearance of impropriety, there is an appearance that Commissioners Jones and Lovejoy cannot make
a fair and impartial decision on this matter because they have personal countervailing interests that favor Affordable Solar,” Nanasi wrote in a motion filed in the El Paso Electric case.
In a written statement, Jones said he was prohibited from commenting on the El Paso Electric case involving Affordable Solar and that a commissioner has 10 business days to respond to a recusal request like that filed by New Energy Economy.
Lovejoy didn’t respond to a request for comment.
New Energy Economy opposes the El Paso Electric deal with Affordable Solar because the utility didn’t consider buying solar energy from an independent power producer as an alternative to the purchase of a newly constructed solar farm from Affordable Solar.
Jones has received at least $13,000 in political donations from Affordable Solar and related interests, according to campaign finance reports filed with the Secretary of State’s Office. Lovejoy has received at least $4,500 in contributions linked to the company.
The motion by New Energy Economy seeking the removal of Jones and Lovejoy from the El Paso Electric case cites the Affordable Solar campaign donations, as well as the commissioners’ ties to the company lobbyist. It also says the commissioners have displayed hostility toward New Energy Economy and Nanasi.
In an interview May 2 with The New Mexican, Jones said New Energy Economy has been the biggest obstacle to bringing renewable energy to New Mexico and that the group is aligned with his opponent in the June primary election.
Nanasi has contributed $10,000 to a political action committee that supports challengers to Jones, of Williamsburg, and Lovejoy, of Crownpoint, for the Democratic nominations for seats on the PRC.
The application by El Paso Electric to enter into the deal with Affordable Solar is pending before a PRC hearing examiner, who will make a recommendation to commissioners on whether to approve the project.
The Affordable Solar campaign donations flowed to Jones and Lovejoy after they voted to reject a hearing examiner recommendation and allow Public Service Company of New Mexico to purchase five solar farms from the company.
The hearing examiner had found PNM’s process of selecting Affordable Solar was biased against independent power producers of solar energy.
New Mexico Energy has appealed the PRC approval of PNM’s deal with Affordable Solar to the state Supreme Court, arguing it wasn’t the best interests of ratepayers.
The total cost of the PNM project with Affordable Solar has been estimated at nearly $73 million.
The purchase of a solar farm allows a utility to put the costs in its rate base, meaning costs are passed on to consumers. There aren’t such costs when buying solar energy from an independent producer.