Kit Carson Coop Confidential: Off the Record; Very Hush Hush

By: Bill Whaley
14 February, 2011


“Come out Rabbit, come out and sing for your supper!”

BEFORE THE NEW MEXICO PUBLIC REGULATION COMMISSION

Taos Friction posts the curious document below, a “Protective Order,” and “Confidentiality Agreement,” currently being negotiated between KCEC and some activists. Apparently, the Coop argues that some information that will come before the hearing officer should be testified to “in camera” or privately. We have no idea whether this is legitimate but generally believe that transparency is a more appropriate avenue than the proposed “cover up.”

The Coop has been misrepresenting the costs of diversity, expansion, and travel—per diem expenses for years. In an effort to vaporize the fog concealing Coop doings, we urge members to contact their trustees and demand an open transparent hearing. Though the members serve trustees and management, we members still own the electric coop and its subsidiaries. Each member has the right to protest, demand transparency, and urge the PRC to resist an opaque un-American hearing.

We want the right to cross-examine the big spenders.

For instance, how does the Coop propose to spend some $60 million in federal and member funds on Broadband expansion?

The following document is written by and for attorneys and experts, thereby leaving out the average Coop member. Indeed, arguments about what is or should be confidential could turn hearings into an unduly lengthy affair.

IN THE MATTER OF KIT CARSON ELECTRIC )
COOPERATIVE, INC.’S ADVICE NOTICE NO. 57. )
) Case No. 10-00379-UT
KIT CARSON ELECTRIC COOPERATIVE, INC., )
)
Applicant )
____________________________________________ )

PROTECTIVE ORDER

THIS MATTER comes before the Hearing Examiner in this case upon the Motion for Protective Order (“Motion”) filed by Applicant, Kit Carson Electric Cooperative, Inc. (“Applicant” or “Kit Carson”). Having considered the Motion and being fully advised, the Hearing Examiner FINDS and CONCLUDES as follows:
The Motion, together with proposed forms of protective order and confidentiality agreement, was filed in this Docket on January 21, 2011.

At the pre-hearing conference held in this docket on February 2, 2011, the parties to the case addressed the Motion and form of protective order. The parties have reached an agreement of the form of protective order to be implemented in this docket.

The Motion should be granted to the extent provided below, and this Protective Order should be issued, all as provided below.

Rule 1.2.2.8(A) of the New Mexico Administrative Code (“NMAC”) declares it the policy of the New Mexico Public Regulation Commission (“Commission” or “PRC”) to allow full and complete access to public records in accordance with the Inspection of Public Records Act (“IPRA”). NMSA 1978, §§ 14-2-1 to -12 (1993, as amended through 2009). IPRA declares that, “[r]ecognizing that a representative government is dependent upon an informed electorate, the intent of the legislature in enacting the IPRA is to ensure, and it is declared to be the public policy of this state, that all persons are entitled to the greatest possible information regarding the affairs of government and the official acts of public officers and employees.” NMSA 1978, § 14-2-5. IPRA states that “[e]very person has a right to inspect any public records in this state except . . . as otherwise provided by law.” NMSA 1978, § 14-2-1(A)(12). IPRA defines the term “public records” (disclosure of which is required unless an exception applies) broadly to include not only records created by or required to be kept by an agency, but also any other documents “received, maintained or held by or on behalf of any public body [that] relate to public business.” NMSA 1978, § 14-2-6(E). Exceptions to the public’s right to inspect public records include trade secrets, attorney-client privileged information and as otherwise provided by law. NMSA §§ 14-2-1(A)(6) and (12). The New Mexico Public Utility Act (“PUA”) also recognizes the Commission’s authority to protect confidential and proprietary information from public disclosure. NMSA 1978 § 62-6-17.C. Specifically with regard to the investigation and hearing involving transactions between New Mexico electric cooperatives and their subsidiaries, the Rural Electric Cooperative Act authorizes the inspection of the books and records of cooperatives and their subsidiaries so long as proprietary or confidential data or information of the electric cooperative’s separate business entities is not disclosed to third parties. NMSA 1978 § 62-15-3.1.C. Parties should avoid designating documents as confidential that would not be entitled to such protection under IPRA.

This Order provides protection for confidential and proprietary information identified and clearly marked by parties as confidential (hereinafter referred to as “Confidential Material”) during the discovery phase of this case. Material may only be marked as confidential if the disclosing party can establish the material is not in the public domain, is protected by applicable law, or is information of a nature that the disclosure or use for purposes other than this proceeding would create an unreasonable risk of economic harm to the disclosing party. No material or information shall be regarded as Confidential Material if it (a) is in the public domain at the time of disclosure, (b) becomes part of the public domain through no fault of a party who received it under this Order, (c) is in the lawful possession of the receiving party at the time it is disclosed under this Order, (d) is or has been received by a party on a non-restricted basis from a third party that has the right to make such a disclosure, or (e) has been or becomes disclosed as non-confidential material in any other legal or regulatory proceeding.

The foregoing definition of Confidential Material is intended to provide guidance to the holder of confidential information in connection with the initial designation of documents as confidential or non-confidential only. In the event a dispute concerning confidentiality arises during the course of this proceeding, the

Commission reserves the right to make the ultimate confidentiality determination in accordance with applicable law and precedent. Under this Order, the Confidential

Material shall not be disclosed by Commission Staff (“Staff”) or any party or person that gains access to the Confidential Material by executing a confidentiality agreement, pending further Order; provided, however, persons signing a confidentiality agreement, as described herein, do not waive the right to seek disclosure or use of the Confidential Material through the procedure set forth below.

As provided below, parties claiming confidentiality, and those not signing the confidentiality agreement but seeking access to Confidential Material, shall have the opportunity to request the entry of an appropriate order of the Commission determining the confidentiality of the material sought to be disclosed or used, and fashioning any relief as appears necessary and appropriate in the circumstances.

Participants in the competitive energy services and products markets and telecommunications and communications services and products markets, including present or potential competitors, suppliers or bidders for sales or purchases of such services or products, persons involved in pricing, marketing or acquiring such services or products, should not have access to Confidential Material that is marked as “Competitively Sensitive” unless otherwise ordered by the Commission.

This Order is intended to protect the Confidential Material during the discovery phase of this case. If any party or Staff desires the use of the Confidential Material in publicly-available testimony, discovery requests or responses, at hearings as exhibits, or in any pleading or brief to be filed at any time during this case, notice of such proposed usage must be given as provided below. In the event that any party providing confidential information in discovery desires to restrict the use of or otherwise protect the Confidential Material from use in publicly-available testimony or briefs, that party must request protection from the proposed use as provided below.

It is ORDERED as follows:

Kit Carson’s Motion is granted to the extent provided by, and subject to the terms and conditions of, this Order.

This Order establishes a procedure for the expeditious handling of information or data that a party claims is Confidential Material. This Order shall not be construed as a ruling on the confidentiality of any document.

Any Party claiming that material provided during the discovery phase of this case is Confidential Material shall file and serve on all parties requesting discovery, at the time the claim of confidentiality is initially asserted, an affidavit consistent with the provisions in 1.2.2.8.B(1) NMAC that satisfies claimant’s Applicant’s burden of making a prima facie showing that protection is appropriate, including, for any trade secret, competitively sensitive or otherwise restricted information and data related to Applicant’s utility or diversified business activities and claimed to be confidential that is or may be filed, submitted or presented to the Commission, a showing that it comes within one or more of the exceptions to the general disclosure requirement of the IPRA NMSA 1978 § 14-2-1(A) or is information or material protected from disclosure pursuant to the provisions of the PUA, or pursuant to NMSA 1978 § 62-15-3.1. Any other claims of confidentiality will be disposed of pursuant to 1.2.2.8(B) NMAC. All Confidential Material shall be marked as “Confidential Material” by the party asserting protection. If the party asserting protection believes that the Confidential Material contains information that is competitively sensitive, it shall also mark the information as “Competitively Sensitive.” If a document contains both confidential and non-confidential information, the party claiming confidentiality shall clearly identify the specific portions of the document for which confidentiality is claimed.

Confidential Material provided in response to discovery requests shall not be filed with the Commission. Confidential Material that is submitted to the Commission also shall not be filed, but shall be submitted to the Chief Clerk of the Commission or the Chief Clerk’s designee. The original and all copies of Confidential Material shall be kept in a sealed envelope or box, which envelope or box is marked“CONFIDENTIAL—SUBJECT TO PROTECTIVE ORDER”.

Except as otherwise provided in this Order, the only persons to be permitted access to the Confidential Material – other than the Commissioners, their advisory staff, Commission General Counsel and the Hearing Examiner – are Staff and the parties to this case, their employees and their legal counsel, including staff and expert witnesses, working with counsel, who have executed the Confidentiality Agreement in the form attached hereto. Further, only persons who have executed the

Confidentiality Agreement and have indicated they are not participants in the competitive energy services and products markets or the telecommunications and communications services and products markets, including present or potential competitors, suppliers or bidders for sales or purchases of such services or products, persons involved in pricing, marketing or acquiring of such services or products, shall receive access to documents marked “Competitively Sensitive,” unless otherwise ordered by the Commission. Any party claiming that the receipt of information qualifying as “Confidential Material” should be restricted against certain entities and/or individuals should file a request with the Commission, pursuant to the provisions of paragraph J(1) below. Disputes over which parties or persons may gain access to Confidential Material, not settled by the parties andStaff, will be resolved by the Hearing Examiner or Commission. For purposes of this Order, “Commission” means the Hearing Examiner, presiding officer or the Commission, as appropriate in the context.

Prior to inspection of the Confidential Material, a person with authority to view Confidential Material shall cause his/her signed Confidentiality Agreement to be filed with the Commission and served on the parties and Staff pursuant to 1.2.2.10 NMAC. Commissioners, their Advisory Staff, Commission General Counsel, and the Hearing Examiner are not required to sign the Confidentiality Agreement in order to view Confidential Material.

The Confidentiality Agreement to be used under this Protective Order shall be in the form of Attachment A hereto.

Those persons with access to the Confidential Material shall not use the information for any purpose other than this proceeding, except as provided in paragraph O. Such persons shall not discuss the contents thereof with anyone other than persons who have executed the Confidentiality Agreement, and shall not, in any manner, reveal, disclose, publish or make known the contents of the

Confidential Material to anyone else except as otherwise provided in this Order. Those persons with access to Confidential Material which is additionally marked as “Competitively Sensitive” shall not disclose the contents of those documents with any person precluded from access to those documents under the terms of this Order. Moreover, persons receiving Confidential Material which is marked “Material Non-Public Information” shall not to use such information in contravention of the securities laws of the United States.

All persons who are recipients of discovery in this case, and who have not executed the Confidentiality Agreement (non-signatories), shall receive, within two business days of the time that the Confidential Material is provided to persons signing Confidentiality Agreement, the following information with respect to each document marked Confidential Material:

the date the confidential material was prepared;

the author of the confidential material;

a list of all persons, other than the holder or owner and their representatives, in possession of the confidential material;

the subject matter of the confidential material;

a description of the contents of the material;

the number of pages which the confidential material comprises;

how the confidential material was acquired; and
the basis for all claims of confidentiality.

All non-confidential portions of any documents marked as confidential material shall be provided to non-signatories in redacted form.

The filing, use and dissemination of Confidential Material obtained pursuant to this Order and the Confidentiality Agreement shall be governed by the following terms and conditions:

The Confidential Material obtained pursuant to the execution of the Confidentiality Agreement, unless determined by the Commission to not be confidential, shall be solely for use in this proceeding, except as provided in paragraph O. If any party possessing Confidential Material wishes to decline to provide specific parties with certain Confidential Material which the possessor reasonably believes should be kept confidential from such party notwithstanding the fact that such party may have executed the Confidentiality Agreement, the party possessing the Confidential Material shall file a pleading with the Commission prior to the time the

Confidential Material is due to be produced pursuant to 1.2.2 NMAC, or any applicable Commission Order, setting forth the specific reasons that the

Confidential Material should not be provided to such party and shall request a hearing on the matter. Unless otherwise ordered by the Commission, the party denied access to the Confidential Material may then file a response within three business days of service of the possessor’s pleading. The party seeking to preclude certain parties from receiving Confidential Material shall have the burden of proof.

In the event Staff or any party intends to use the Confidential Material obtained pursuant to the Confidentiality Agreement under this Order in testimony, exhibits, discovery or discovery responses, briefs or any other pleading or documents to be filed in this case, the following shall apply:

The original testimony and briefs and other pleadings containing the information claimed to be confidential shall be filed under seal with the Commission by the party preparing and using the same in sealed envelopes or other appropriate containers, which shall be prominently marked with the legend “CONFIDENTIAL—SUBJECT TO PROTECTIVE ORDER IN CASE NO. 10-00379-UT.” A copy thereof shall be served on the parties who have signed Nondisclosure Agreements. The complete document containing the protected material shall not be filed in the public record. The pages of the documents referred to in this Paragraph that contain information claimed to be confidential shall be clearly marked. Any party who has not executed a Confidentiality Agreement shall receive a copy of the documents referred to in this Paragraph, from which information claimed to be protected has been omitted. .

The original testimony, exhibits, discovery and discovery responses containing the information claimed to be confidential shall be filed under seal with the Commission by the party preparing and using the same in sealed envelopes or other appropriate containers, which shall be prominently marked with the legend “CONFIDENTIAL—SUBJECT TO PROTECTIVE ORDER IN CASE NO. 10-00379-UT.” A copy thereof shall be served on the parties who have signed Confidentiality Agreements. The complete document containing the protected material shall not be filed in the public record. Any party who has not executed a Confidentiality Agreement shall receive a copy from which information claimed to be protected has been omitted. .

In the course of this proceeding, any hearings during which documents or information obtained pursuant to the terms of this Order are likely to be disclosed shall be conducted in camera, attended only by persons authorized to have access to such information under this Order, provided that there has been no prior Commission determination that the documents or information in question are not confidential. The transcript of such in camera proceedings shall be kept under seal.
In the event Staff or any party questions the appropriateness of a claim by the owner or holder of Confidential Material that a document or information is confidential, the procedure set forth in paragraph 4, below, shall apply.

In the event a party that has not executed the Confidentiality Agreement desires to obtain the Confidential Material which is subject to this Order from either Staff or any other party that has the Confidential Material, the requesting party shall:

Contact the owner or holder of the Confidential Material for a copy of the Confidentiality Agreement and execute and file the Confidentiality Agreement, or,

File with the Commission a Request for Confidentiality Determination, as described in paragraph 4, below.

At any time that Staff or a party challenges a claim by a party owning or holding Confidential Material that the Confidential Material is confidential, the following procedures shall apply:

The party or Staff challenging a party’s claim to confidentiality shall first contact counsel for the providing party and attempt to resolve any disagreements informally.

If an informal resolution of a disagreement cannot be achieved, the party or Staff challenging a party’s claim to confidentiality shall file a request with the

Commission for a ruling whether the Confidential Material is confidential (“Request for Confidentiality Determination”).

Copies of a Request for Confidentiality Determination shall be served on Staff and all parties to this proceeding. The Request for Confidentiality Determination shall be e-mailed, faxed or hand-delivered to the owner or holder of the Confidential

Material on the date of its filing.

When a Request for Confidentiality Determination has been filed and served, the owner or holder of the Confidential Material shall, within two business days of actual receipt of the Request for Confidentiality Determination, deliver (as distinguished from filing) all of the relevant Confidential Material to the presiding officer, under seal, for an in camera inspection. At the time of such delivery, the party claiming the confidentiality of the Confidential Material shall also deliver to the presiding officer copies of each Confidentiality Agreement that has been executed permitting access to the alleged Confidential Material.

The owner or holder of the Confidential Material shall, without order or action by the presiding officer and within three business days after actual receipt of a Request for Confidentiality Determination, file its initial brief stating in detail the basis for its confidentiality claims and shall request a hearing on the matter. That brief shall be e-mailed, faxed or hand-delivered to the person seeking the confidentiality determination on the date of its filing. Failure to file an initial brief shall be deemed a waiver of the confidentiality claims. Within three business days after service of the initial brief, the party or Staff that filed the Request for Confidentiality

Determination shall file, and other parties or Staff may file, a brief in response.

Service shall be in like manner as the initial brief. Within two business days of service of such response brief, the owner or holder of the Confidential Material may file a reply brief, service of which shall be in like manner as the previous briefs.

The burden of proof to show the confidentiality of the Confidential Material shall be on the party claiming confidentiality.

Staff and the parties shall not make public any information regarding disputed alleged Confidential Material until the Commission rules on the claim of confidentiality. Following a Commission ruling that material is not confidential, the information shall be made available the information shall be made available only pursuant to the Commission’s ruling; provided, however, that an application for reconsideration, rehearing or interlocutory appeal filed by the owner or holder of

Confidential Material shall act as a stay of such order pending disposition of the application.

Staff and the parties retain the right to object to the admission into evidence of any Confidential Material on any proper grounds, including relevance or materiality.

All persons or parties and Staff executing a Confidentiality Agreement shall be responsible for the protection of the confidentiality of the Confidential Material in their possession and control. All such persons shall immediately notify the owner or holder of Confidential Material through that party’s counsel of record in this case of any attempt by anyone to obtain any of the Confidential Material provided pursuant to this Order by any means, including administrative or judicial discovery, so that the owner or holder of Confidential Material may resist disclosure of the

Confidential Material, and no person shall release the Confidential Material without an order from the Commission or from a court permitting its release.

Any procedures for use of Confidential Material at the hearing, in addition to or apart from those set out in Paragraph J(2)(c) above, shall be determined by the Commission during or prior to the hearing, as appropriate.

All persons or parties or Staff possessing the Confidential Material under the terms of this Order shall return the Confidential Material (together with all copies) to the owner or holder of the Confidential Material or destroy it (together with all copies) upon the specific written request of the owner or holder of the Confidential Material and the last to occur of: (1) the date the Commission’s Final Order on the merits of

Case No. 10-00301-UT is issued and becomes final and non-appealable; (2) if one or more motions for rehearing on such final order is filed in accordance with 1.2.2.37 NMAC, the date the Commission issues its order on those motions or the date on which those motions are deemed denied by operation of law; or (3) if the final order or any order on the motions for rehearing is appealed in accordance with the provisions of NMSA 1978, Section 62-11-1, the date the final decision on appeal is entered.

Disclosure of Confidential Material is limited by this Order for two years from the date of the final order, provided that the Commission may extend the period of protection upon a motion of a party filed prior to expiration of the period of protection.

Nothing in this Order prohibits a person who executes the Confidentiality Agreement from seeking to use Confidential Material in other Commission proceedings provided the original owner or holder of the Confidential Material is afforded a reasonable opportunity to object and seek an order of protection in such other proceedings prior to such use.

Any person executing a Confidentiality Agreement consents to the jurisdiction of the Commission for resolution of disputes regarding alleged violations of this Order.

The requirements of 1.2.2.8(B) NMAC relating to the procedures to be used when any person desires to protect documents or information from disclosure should be waived pursuant to 1.2.2.8(D) NMAC except as otherwise provided in this Order.

Sanctions may be imposed under NMSA 1978, Section 62-12-4 (1999) for violations of this Order.

This Order is issued by the Hearing Examiner pursuant to 1.2.2.8(B), 1.2.2.24(A), 1.2.2.25(K) and 1.2.2.29(D) NMAC.

This Order is effective immediately.

A copy of this Order shall be served on all persons identified at the pre-hearing conference held on February 2, 2011 and on the official service list for this case.

ISSUED at Santa Fe, New Mexico this ______day of February 2011.
NEW MEXICO PUBLIC REGULATION COMMISSION

Lee W. Huffman
Hearing Examiner

BEFORE THE NEW MEXICO PUBLIC REGULATION COMMISSION
IN THE MATTER OF KIT CARSON ELECTRIC )
COOPERATIVE, INC.’S ADVICE NOTICE NO. 57. )

) Case No. 10-00379-UT
KIT CARSON ELECTRIC COOPERATIVE, INC., )
)
Applicant )
____________________________________________ )

CONFIDENTIALITY AGREEMENT
I CERTIFY that I am familiar with the terms and conditions of the Protective Order issued in this case, and agree to be bound by the terms and conditions thereof.
I further certify I am signing this Confidentiality Agreement in good faith and I currently am not involved in, and do not anticipate involvement in, any matters which would prevent me from abiding by the terms of the Protective Order or which would otherwise pose a conflict of interest with respect to my executing this Confidentiality Agreement.

With respect to Confidential Material which has been additionally marked as “Competitively Sensitive” to which the Protective Order prohibits access by participants in competitive energy services and products markets and the telecommunications and communications services and products markets, including present or potential competitors, suppliers or bidders for sales or purchases of competitive energy services and products markets and the telecommunications and communications services and products, persons involved in pricing, marketing or acquiring of competitive energy services and products and the telecommunications and communications services and products, I certify that I ____ am/____ am not [check one] such a person.

I agree to not disclose Confidential Material to any person other than consultants retained by me for this proceeding from whom I have first obtained an executed copy of this Confidentiality Agreement, which executed copy has been provided to the party from whom Confidential Material is sought.

I also consent to the jurisdiction of the New Mexico Public Regulation Commission for the resolution of disputes regarding alleged violations of this Confidentiality

Agreement and the Protective Order.

(Date) (Signature)

(Business Address) (Full Name)

(Title) (Employer or party represented)

BEFORE THE NEW MEXICO PUBLIC REGULATION COMMISSION

IN THE MATTER OF KIT CARSON ELECTRIC )
COOPERATIVE, INC.’S ADVICE NOTICE NO. 57 )
) Case No. 10-00379-UT
KIT CARSON ELECTRIC COOPERATIVE, INC., )
)
Applicant )
)

STAFF’S RESPONSE

The Utility Division Staff (“Staff”) of the New Mexico Public Regulation Commission (“Commission” or “NMPRC” or “PRC”), pursuant to the Order Requiring Supplemental Filing and Responses issued on January 31, 2011 (the “Supplemental Filing Order”), submits this response to the two (2) filings submitted jointly by Kit Carson Electric Cooperative, Inc. (“Kit Carson”) and Chevron Mining Inc. (“Chevron”): (1) the Joint Motion for Modification of Suspension Order to Permit Second Revised Rate No. 29 to Become Effective (the “Joint Motion”) filed on January 26, 2011; and (2) the Joint Response to Order Requiring Supplemental Filing and Responses (the “Supplemental Filing”) filed on February 7, 2011. The Supplemental Filing Order directs Staff to file its response to the Supplemental Filing by February 11, 2011.

1. Although the Supplemental Filing Order requests Kit Carson and Chevron to state “what rate Chevron has been and continues to pay Kit Carson since the expiration [November 30, 2010] of its previous contract for service”, their Supplemental Filing does not directly answer this question. Rather, the Supplemental Filing describes a conflict between Kit Carson’s belief that “Chevron’s service reverts to Second Revised Rate No. 5 – Industrial Power Service” and Chevron’s contention that “First Revised Rate 29 and thus its prior contract remain in effect until the Commission authorizes a change in the rate applicable to Chevron.” Joint Response, page 22.

The parties do not explicitly state what Kit Carson is charging and what Chevron is paying in the meantime. Also, the parties did not submit Chevron’s previous service contract or refer to any provisions of that contract that may or may not allow for extension or continuation of its terms until a succeeding contract is approved. Therefore, Chevron’s contention cannot be fully or fairly assessed.

2. However, the parties do represent in their Joint Response that the Electric Service Agreement dated December 1, 2010 (the “2010 Contract”) contains the following provision, language that is required by Commission rule no. 17.1.210.12(B):
“This contract, and all its terms and provisions, shall at all times be subject to modification or termination by order of the NMPRC.

Staff agrees with Kit Carson and Chevron that the Commission has continuing authority to examine rates in effect, specifically including proposed Second Revised Rate No. 29, as well as protested rates that have been suspended for Commission review and hearing. Commission rule no. 17.9.540.9(E) specifically provides that:
Rates which have been filed and which by operation of law become effective without hearing by the Commission shall not be construed to bear the approval of the Commission but may be subject to inquiry by the Commission at any time.

Therefore, Staff believes that the Commission should allow proposed Rate No. 29 to go into effect while continuing the review of this rate in the instant proceeding.

3. Staff queries whether continuation of First Revised Rate No. 29 pursuant to the previous contract would cause Kit Carson to not only forego the additional revenues that Chevron would pay under either proposed Rate 29 or Rate 5, but also cause Kit Carson to absorb additional wholesale power costs. Without either the previous or the 2010 Contract available for review at this time, this concern cannot be further addressed.

4. Staff points out that the increased revenues from proposed Rate 29 collected during the intervening period until this case is decided would not change base or test period revenues in the cost of service studies submitted by Kit Carson and, therefore would not, in all likelihood, affect the other customers’ rates to be ultimately set by the Commission, even if proposed Rate 29 were to be modified or disapproved by the Commission. Commission rate determinations are prospective only. In fact, the even greater increased revenues if Rate 5 were to be applied to Chevron during this intervening period would not affect the remaining customer classes, other than any benefits to Kit Carson’s near-term financial condition.

RESPECTFULLY SUBMITTED,

UTILITY DIVISION STAFF
NEW MEXICO PUBLIC REGULATION COMMISSION

_________________________
Cydney Beadles
Staff Counsel
1120 Paseo de Peralta
Post Office Box 1269
Santa Fe, New Mexico 87501
505-827-6905
Cydney.Beadles@state.nm.us

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