May 29, 2018 • Local News
Las Cruces Sun-News: Fischmann challenges 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.
Stephen Fischmann
Education: BA, Political Science, UCLA 1976, MBA, UCLA 1979
Occupation: Retired Business Executive. Worked as a finance, operations, and general manager at Levi Strauss & Co. for 20 years.
Age: 64
Immediate family: Wife: Gail Katayanagi Sons: Sam and Zack
Previous political experience or public service: State Senator 2009-2013. Previous non-profit board memberships include Southwest Environmental Center, Conservation Voters New Mexico, Southwest Energy Alliance and the Children’s Reading Foundation. Current board memberships include the Community Action Agency of Southern New Mexico, and the Center for Economic Integrity. Co-founded the Southwest Energy Alliance, Children’s Reading Foundation, and the New Mexico Fair Lending Coalition.
Campaign Website: SteveforPRC.com
Top three priorities if elected:
1. Bring 21st Century Expertise in renewable energy, energy storage, and grid management onto the PRC staff.
2. Establish a strategic, consumer-driven focus in PRC decision making. Reactive case by case decision making is costing ratepayers lots of money and damaging our health and environment.
3. Require utilities to provide a thorough analysis of all alternatives before approving large and often wasteful investments. Currently, hundreds of millions of dollars are spent annually on capital projects without such analysis.
Why are you the top candidate for the job:
I bring a strong public service ethic and analytic, organizational & strategic skills from my business and government experience.
I have an extensive energy policy background from serving on the Senate Conservation Committee, chairing the Legislative Science and Technology Committee, and acting as an advocate both on energy issues in general, and as an intervenor in proceedings at the PRC.
I have a successful record of protecting consumers on issues ranging from predatory lending to unwarranted government fees to stopping unfair El Paso Electric rate increases. I will work to convert an agency that is dominated by utility interests to one centered on serving consumer interests.
Sandy R. Jones
Education: West Mesa High School, Fair Hearing Classes at Nation Judicial College, 40 hours a year at Institute for Public Utilities at Michigan State University
Occupation: Road Contractor, Chairman of the Public Regulation Commission
Age: 62
Immediate family: Married, two children
Previous political experience or public service: Served two terms on the Public Regulation Commission, 4 years Sierra County Flood Director, 4 years Sierra County Planning Director
Campaign Website: www.Sandy4PRC.com
Top three priorities if elected:
1.To balance the interests between consumer and utilities so that we all have safe, reliable, affordable utilities.
2. To expand on my broadband initiatives and advocate for more funding for broadband expansion in rural New Mexico. Last year I worked with the legislature and passed a bill that created a five million dollar fund to expand broadband in underserved rural areas. Since the project has been a success I am hopeful we will be able to get more funding at the next legislative session.
3. Continue to approve large-scale renewable energy projects in New Mexico and fight for projects that will create good, clean jobs in New Mexico. This year alone, the commission has approved 2,300 megawatts of renewable energy projects; more than any of the past commissions combined. One example of how the NMPRC is capable of creating jobs and economic development is Facebook. We were instrumental in bringing Facebook here, and since opening it has announced a one billion dollar expansion, created thousands of jobs and is generating millions of dollars in gross receipts tax.
As a commissioner, I have always stood up for what I believe in and making sure we do what is best for the public interest. Sometimes in doing so, we have to disagree with the hearing examiners and stand up for what is best for you, the consumer. As an example, you probably remember the proposed solar standby change. Our hearing officer intended to allow El Paso Electric to charge rooftop solar customers a standby fee, but I overturned their decision because of the lack of evidence and because it was not in the public interest.
Another decision that I made that was not in line with the hearing examiner was approving a solar, wind and geothermal project. All three of these projects are important for our utilities to meet their renewable energy requirements and would be important to the small towns where they would be built.
Unfortunately, special interest groups have intervened in this decision and are blocking the biggest economic development project that Hidalgo County has seen in over 30 years and will likely lose funding because of how long the appeal process takes.
If re-elected I will continue to make the tough decisions that are right for our communities. Sometimes the right decision is not the popular. It takes someone with a backbone to stand up special interest groups that want to slow the deployment of renewable energy and kill jobs.
Why are you the top candidate for the job: Experience matters. The learning curve is vertical and on day one you have to hit the ground running. I have served two terms and I have the experience it takes to bring all the necessary parties together to make the decisions we need to move New Mexico forward.
Other people see that in me, which is why I have been endorsed by business, labor and the Albuquerque Journal. Groups that have endorsed me include: New Mexico Professional Fire Fighters, New Mexico Building and Construction Trades Council, International Brotherhood of Electrical Workers, Local 611, Sheet Metal Workers, Local 49, the Associated General Contractors and The Democratic Veterans Council of Dona Ana County.
I also have a record and have achieved a lot in the last three years. Since becoming chainman, I have brought stability to the commission. Every decision we have made at the PRC has been upheld by the Supreme Court; despite special interest groups intervening.
I have a proven track record of helping constituents and was the first to bring the PRC to you. I’ve made predatory companies pay you back when they have tried to overcharge customers. When we have had rate cases I have brought my office to each town because no one should have to drive all the way to Santa Fe to make public comment.
I was there fighting for our firefighters when the legislature swept their funds. I have worked with local fire departments to make sure they are getting their allotments and getting the equipment they need.
This year I docketed an investigation on all investor owned utilities and made them pay you back when they received a saving on the Trump tax deduction. I will continue to work for you, and be your consumer watchdog if you re-elect me to the Public Regulation Commission.
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