‘New Mexican’ counterclaims against PNM can continue

Aug. 29—The state Supreme Court issued a ruling Thursday reversing a lower court’s dismissal of The New Mexican’s claims against Public Service Company of New Mexico in a nearly decade-old dispute over documents related to the utility’s plans for the now-shuttered San Juan Generating Station.

The Public Regulation Commission had released the PNM documents to the newspaper in 2015 in response to a reporter’s request for public records.

The PRC initiated litigation in 2015, asking the state District Court to issue an order preventing the newspaper from publishing the content of the records, contending they were confidential and had been released accidentally.

PNM and two coal companies joined the lawsuit, prompting the newspaper to file counterclaims. The New Mexican argued the records — including communications between the PRC and the utility regarding the cost of shutting down the coal-fired power plant — were public because they were part of a public process and the government’s hearing officer had never officially deemed them confidential.

The newspaper accused the companies of malicious abuse of process and sought to recover damages and legal costs associated with the civil case.

“This matter has been sent back to District Court for further action. We can not comment at this time as it’s pending litigation,” a PNM spokesperson said Thursday.

The PRC settled with The New Mexican early in the case, agreeing to pay some of the costs associated with the litigation.

The contents of the records were published years ago, but the legal dispute between the newspaper, PNM and the coal companies has continued.

PNM had argued The New Mexican’s lawsuit was filed in retaliation for the utility’s legal actions and that it was protected from the newspaper’s counterclaims by the First Amendment, pointing to rules that protect citizens’ rights to influence the passage or enforcement of laws.

A district judge granted PNM’s motion to dismiss the case, and the state Court of Appeals upheld the dismissal in 2022.

The New Mexican subsequently asked the state Supreme Court to review the case and overturn the Court of Appeals’ decision, which the paper argued misapplied a law that was designed to protect the right of citizens to petition their government — not private companies seeking to protect private interests.

In Thursday’s unanimous opinion — authored by Justice Julie Vargas — the state’s highest court concluded “PNM’s litigation activities sought only to resolve a…