An Albuquerque attorney hired by a Spanish utility company for a proposed merger with Public Service Company of New Mexico has a conflict of interest and should stop working for the multinational firm, a Public Regulation Commission official ruled Friday.
Marcus Rael had been brought on as a lobbyist for $400 an hour by Iberdrola of Spain. Its subsidiary, Connecticut-based Avangrid, wants to merge with PNM.
Rael's law firm — Robles, Rael & Anaya — also has done considerable contract work for the Attorney General's Office, a key player in the merger proposal, which will be the subject of hearings later this month.
Public Regulation Commission hearing examiner Ashley Schannauer, who acts as a quasi-judge in the merger proceedings, declined to rule on whether Attorney General Hector Balderas also had a conflict of interest. Schannauer said that question exceeded the commission's purview and should be taken to court if a ruling is desired.
Nevertheless, he wrote, he and the commission "can and will consider" the actions of Iberdrola and the attorney general "as they weigh the reasonableness" of a tentative "stipulation," or agreement, in the proposal.
Matt Baca, chief counsel of the Attorney General's Office, called the issue a "sideshow." He said in a statement the merger proposal now can proceed "on the actual merits."
Rael said Friday afternoon through a statement: "I do not believe there is a conflict of interest, but of course, will honor the Hearing Examiner’s order. I joined the Avangrid/Iberdrola team because I believe this merger is in the best interest of New Mexicans and am proud of the work I have done."
The conflict accusation was primarily raised by Mariel Nanasi, the attorney and head of Santa Fe-based New Energy Economy, a longtime PNM critic.
Nanasi objected to the fact that Rael was hired early this year by Iberdrola and had many meetings with Balderas before the attorney general cast his support for the merger proposal. Balderas and Rael are longtime friends.
Avangrid said Friday through a written statement: "We did not think a conflict of interest exists, but we respect the Hearing Examiner's ruling, and will comply with the order."
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August 07, 2021 at 08:25AM
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Official: New Mexico attorney working on PNM merger has conflict of interest, must stop - Santa Fe New Mexican
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