Hearing Officer: Public Cannot Question or Offer Statements Regarding McWilliams Conflict of Interest on Produce Water Rule
This morning, at 9:00 AM MT, the New Mexico Water Quality Control Commission (WQCC) will resume the public hearing originally commenced on May 13, 2024, regarding the New Mexico Environment Department’s controversial “produced water rule.”
As The Candle reported in May and June, the impartiality of WQCC Commissioner Krista McWilliams’ participation in the rule making process has been challenged by several parties and members of the public due to alleged actual or perceived conflicts of interests.
New Energy Economy, Samuel Sage, and Daniel Tso filed a Joint Motion to Disqualify Water Quality Control Commissioner Krista McWilliams due to reported conflicts of interest on June 10, 2024. The Center for Biological Diversity and WildEarth Guardians joined in the motion to disqualify McWilliams.
The Candle reached out to the WQCC personnel handling the scheduling of the hearing on the proposed produced water rule seeking procedural guidelines that the hearing officer, attorney Felicia Orth, would use regarding motion to disqualify.
Paralegal Pamela Jones responded on June 18, 2024, with the following emailed text from Ms. Orth:
“When the hearing resumes on August 5, Commissioner McWilliams will be invited to speak to the motion, and to state whether she will recuse from the matter. Following her statement, if she does not recuse, the other Commissioners will have an opportunity to make a motion to disqualify her in the event they agree with Movants. That motion would require a second and a vote, etc.
“No party or member of the public will be invited to ask questions, or offer a statement or argument. Parties may file written statements or arguments in writing before August 5 if they wish; no party will be asked for their position on the motion. [Emphasis added.]
“At the end of this discussion among Commissioners and their Counsel, we will return to the technical case and to scheduled public comment. – Felicia Orth, Hearing Officer “
Early this morning, The Candle contacted Ms. Jones seeking confirmation that Ms. Orth was sticking by that decision relative to the public’s’ exclusion, and was informed that she was.
The re-convened hearing is expected to start with McWilliams letting the WQCC and the public know if she is recusing herself of not.
Previously The Candle reported that McWilliams stated at the WQCC hearing, “I have no conflicts of interest, professional or otherwise.”
Her husband, Jay Paul McWilliams, is the CEO and/or manager member of various oil related entities identified with Logos.
McWilliams made no reference to her employment at LOGOS Energy, LLC, where she is the Vice President Of Operations Engineering.
In reviewing records of the Oil Conservation Division of the New Mexico Energy, Minerals and Natural Resources Department, The Candle found 21 reported “produced water releases” by LOGOS OPERATING, LLC.
The cause of the spills included equipment failure, corrosion, repair and maintenance, overflow of tank, pit, etc., other, and human error.
Eleven of the spills were rated as “major.”
At least eighteen produced water spills by Logos have occurred since Governor Lujan Grisham appointed McWilliams to the Water Quality Control Commission in April of 2019.
One of the major spills of produced water was reported as recently as March 3, 2024.