Two members of the state Public Regulation Commission on Wednesday said they had “erred” in March when they asked the New Mexico Supreme Court to dismiss a case on the controversial merger proposal for Public Service Company of New Mexico and Connecticut-based power company Avangrid.

The companies had appealed to the Supreme Court a December 2021 decision by previous commissioners rejecting the merger deal. In a joint request with PNM and Avangrid in early March, the new commissioners asked the court to dismiss the appeal and remand the case to the PRC for a “rehearing.”

However, Commissioners Gabriel Aguilera and James Ellison said at a meeting Wednesday a rehearing of the merger case would be improper because such a proceeding would have to occur within 10 days of an original order. They plan instead to request to “reopen” the case, a proceeding they said would offer due process protections to all parties.

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