Avangrid/Iberdrola’s Attempts to Rewrite History Are Again Denied.


Organization Press Release – From New Energy Economy

January 10, 2025 – Santa Fe, NM – In a unanimous decision the New Mexico Supreme Court DENIED ’s frivolous motion and petition to the NM Supreme Court “to Enforce Mandate or for a Writ of Mandamus”.

Avangrid/Iberdrola sought to rewrite history and petitioned the High Court to reopen the New Mexico Public Regulation Commission (“PRC”) case after Avangrid/Iberdrola voluntarily dismissed the merger appeal for the sole purpose of striking the Final Order from the record.

New Energy Economy (NEE) was an intervenor and led the opposition to the Avingrid merger.

(A pdf file of the Supreme Court Order and NEE intervenor opposition motion can be read and copied at end of this press release),

Avangrid/Iberdrola did not seek to revive the merger, but only to whitewash the company’s record so that other communities cannot learn from the exhaustive evidence and expert testimony the PRC relied upon when it determined that the buyout was not in the public interest and therefore denied the merger.

As reported extensively in New Mexico, the merger was denied by the PRC on December 8, 2021 after the Hearing Examiner reviewed the evidence and recommended against approval due to Avangrid, and its parent company, Iberdrola’s history of poor customer service, high rates, safety violations, bad faith contracts and market manipulation in multiple countries where they operate were exposed during the original proceeding; lack of regulatory compliance in NM and other regulatory agencies was a sore spot, as was potential self-dealing that might have ultimately unfairly impacted PNM customers.

The PRC’s decision was appealed to the NM Supreme Court but ultimately Avangrid/Iberdrola opted to withdraw their appeal when the deadline for their deal expired. 

“Avangrid/Iberdrola wanted the NM Supreme Court to sanction a rewrite of history yet the Court demurred; Avangrid/Iberdrola sought to whitewash the companies’ track record of ratepayer exploitation but the public interest prevailed. This is important precedent and we thank the Court for upholding the principle of ratepayer justice,” said Mariel Nanasi, Executive Director, New Energy Economy.

After granting withdrawal of the merger issues, the NM Supreme Court did find that the $10,000 sanctions should’ve been applied only to Avangrid, not to all Joint Applicants (PNM/PNMR). The NM Supreme Court remanded the case to the PRC to fix the error, which they did in a very clear order. (See Order Upon Issuance of Mandate and Denying Motion to Dismiss, July 11, 2024.)

Thereafter, Avangrid/Iberdrola sought to persuade the PRC and the NM Supreme Court to dismiss the merger case as “moot” rather than simply reissue the original Final Order. The PRC declined. The NM Supreme Court agreed with the PRC, rightfully so.

Avangrid/Iberdrola’s Motion or in the Alternative Writ of Mandamus, wrongly accusing the PRC of disobeying the Supreme Court’s instructions when it remanded the case was DENIED.

“IT IS FURTHER ORDERED that the motion to enforce mandate and alternative verified petition for writ of mandamus is DENIED,” said the New Mexico Supreme Court. Avangrid/Iberdrola’s rewrite of history has been denied; the Final Order denying Avangrid/Iberdrola’s merger attempt as contrary to the public interest stands. Going forward this is the reality.

“When we said we dodged a bullet we couldn’t have imagined how right we were; New Mexico is better off without Avangrid/Iberdrola’s poor service and corporate control,” said Mariel Nanasi.


Supreme Court Order


New Energy Economy Intervenor Response in Opposition Filing