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June 1, 2018 • EPE Related News

Las Cruces Sun News: Fischmann and Jones in contentious PRC race

LAS CRUCES - Steve Fischmann has been a vocal opponent of the Public Regulation Commission for some time. And so, it is not surprising that his race against PRC Chairman Sandy Jones is one of the most contentious in this year’s Democratic primary.

“When I see the little guy getting squashed, I get mad and I just can’t stop myself,” said Fischmann, who was a state senator from 2008 to 2012.

Jones, who has served two terms on the PRC, 2006-2010 and 2014-present, said Fischmann and other critics don’t understand the legal obligation to treat all sides fairly.

“He’s an advocate, and I’m trying to fulfill the statutory position of balancing interests,” Jones said.

In what has been a heated primary campaign, both sides have accused the other of accepting donations in violation of campaign finance laws for PRC races. Fischmann’s signs and billboards declare him the be ”the consumer’s choice.” He said that does not mean he would

be biased if any individual's case were to come before him.

“In any case that comes before me, I’m going to make sure that the impact.

on consumers gets fair consideration,” he said. “The whole premise of my campaign is that right now that’s not happening.”

Fischmann said he believes the PRC is taking the wrong approach in approving new power generating stations. They are not considering lower-cost alternatives, as is required under PRC regulations, such as purchasing power on the open market, he said.

“If we buy on the open market for a few years, even if it was just as expensive as the gas plant — and it’s not, it’s a lot cheaper — the cost on the renewables has come down and now we don’t have to make this investment on the gas plant,” he said. “In this case, we save 8 to 9 percent.

“Nobody is looking at the market. Nobody has that job. That’s one thing I woild change, so there is some context when making these decisions.”

Jones said it is better to build a reliable power source through private investments that contribute to the local tax base.

“My philosophy is our investor utilities should build the plant and own the plant to serve the jurisdictional load,” he said. “Companies should own as much of that generation as they can.

“They want purchase power agreements because that way investors in the company don’t get any return. That passes through with no profits. I think their hatred for the companies is that great,” Jones said. “Companies ought to own it so we get 100 percent of the tax money.”

Fischmann said we should follow other states in creating a new system decoupling a company’s profits from the amount of power it generates.

‘The incentive should be how can you provide power most efficiently and most cheaply, and a lot of times it’s producing less kilowatts but using them more efficiently,' he said. 'So, we want to create the right incentives.”

He added that the current system could work, if there was a better effort to find the lowest-cost

alternatives.

Jones said that the state Supreme Court has routinely upheld the PRC's positions.

“We’ve been appealed several times on a number of cases, and so far we’re prevailing,” Jones said. “So, it would seem to me like we’re on the lawful side where we should be.”

Both sides have accused the other of being unlawful in accepting campaign donations.

Jones has said that Fischmann has illegally accepted donations from intervenors — people who participate in a case before the PRC.

Fischmann said Jones accepted contributions from lobbyists working for firms regulated by the PRC. And, he questioned a series of $500 donations — the maximum allowed — made to Jones by the company Affordable Solar.

Prior to those donations, Jones had voted along with commissioners Linda Lovejoy and Patrick Lyons to approve a contract for Affordable Solar against the advice of staff.

Jones said that he had nothing to do with the bidding process, and that Affordable Solar had the lowest bid. He said the hearing officer was wrong in advising against the bid.

Along with regulating energy utilities, the PRC also has authority over telecom (land lines), taxi cabs, towing companies, ambulances, limousines, moving companies, pipeline safety and the state Fire Marshal’s Office. Commissioners serve four-year terms.

District 5 covers the entire southwest part of the state. There are also three Republicans in the race, Ben Hall, who served from 2010-2014; Joseph Bizzell and Chris P Mathys.

The primary election is June 5 and the general election is Nov. 6.