Joint Application of El Paso Electric Company, Sun Jupiter Holdings LLC and IIF US Holding 2 LP


BEFORE THE NEW MEXICO PUBLIC REGULATION COMMISSION 

IN THE MATTER OF THE JOINT APPLICATION        )
OF EL PASO ELECTRIC COMPANY, SUN                  )
JUPITER HOLDINGS LLC AND IIF US HOLDING      )
2 LP FOR THE ACQUISITION OF EL PASO               )
ELECTRIC COMPANY BY SUN JUPITER                    )
HOLDINGS LLC AND IIF US HOLDING 2 LP;            )     Case No. 19-00234-UT
APPROVAL OF A GENERAL DIVERSIFICATION        )
PLAN; AND ALL OTHER REGULATORY                     )
AUTHORIZATIONS AND APPROVALS                       )
REQUIRED TO CONSUMMATE AND                         )
IMPLEMENT THIS TRANSACTION                             )
                                                                                         )

NOTICE

            NOTICE is given of the following matters in the above-captioned case pending before the New Mexico Public Regulation Commission (“Commission”):

            On August 13, 2019, El Paso Electric Company (“EPE”), a Texas Corporation, Sun Jupiter Holdings, LLC, a Delaware limited liability company (“Sun Jupiter”), Sun Merger Sub, Inc., a Texas Corporation (“Merger Sub”), and IIF US Holdings 2 LP, a Delaware limited partnership (“IIF US 2”), filed a Joint Application with the Commission requesting approval of their Agreement and Plan of Merger entered into on June 1, 2019.  If approved, the Agreement calls for EPE to be acquired by Sun Jupiter, a subsidiary of IIF US 2, and merged into Merger Sub, with EPE being the surviving entity post-merger.

            The prior approval of the Commission is required a) for the acquisition of EPE, directly by Sun Jupiter and indirectly by IIF US 2, as more fully described in the Agreement; and b) of EPE’s General Diversification Plan.

            EPE is certified and authorized to conduct the business of providing public utility service within the State of New Mexico, provides electric utility service within the State of New Mexico, and is a public utility as defined by the Public Utility Act.

The present schedule for this case is as follows:

  1. Any person desiring to intervene to become a party (“intervenor”) shall file a motion for leave to intervene in conformity with Commission Rules of Procedure 1.2.2.23(A) and 1.2.2.23(B) NMAC on or before November 8, 2019.
  2. The Commission’s Utility Division Staff shall, and any intervenor may, file Direct Testimony on or before 2:00 p.m. on November 8, 2019.
  3. Rebuttal Testimony may be filed on or before November 19, 2019.
  4. A public hearing shall be held beginning on December 3, 2019 commencing at 9:00 a.m. MST, and continuing as necessary through December 6, 2019, at the Commission’s offices in the P.E.R.A. Building, 1120 Paseo de Peralta, Santa Fe, New Mexico, ground floor board room, for the purpose of hearing and receiving testimony, exhibits, arguments, and any other appropriate matters relevant to this proceeding in order to determine whether the authorizations requested should be granted by the Commission.
  5. Parties and interested persons should read the Procedural Order issued on September 9, 2019, to learn more procedural deadlines for this case.

            Any person whose testimony has been filed shall attend the hearing and submit to examination under oath.

            The procedural dates and requirements provided herein are subject to further order of the Commission or Hearing Examiner.  Interested persons should contact the Commission at 505-827-6956 for confirmation of the hearing date, time and place since hearings are occasionally rescheduled.

            The Commission’s Rules of Procedure, 1.2.2 NMAC, apply except as modified by order of the Commission or Hearing Examiner.  A copy of such Rules may be obtained from the offices of the Commission at the address set out below and are available at the official NMAC website, http://www.nmprc.state.nm.us/nmac/.

            The Commission has assigned Case No. 19-00234-UT to the Joint Application and all correspondence, pleadings, and other communications shall refer to that case number.

            Any interested person may appear at the time and place of hearing and make written or oral comment pursuant to 1.2.2.23(F) NMAC without becoming an intervenor.  All such comments shall not be considered as evidence.  Interested persons may also send written comments, which shall reference Case No. 19‑00234‑UT, to the Commission at the following address:

New Mexico Public Regulation Commission
P.E.R.A. Building, 1120 Paseo de Peralta
P.O. Box 1269
Santa Fe, NM 87504-1269

 Any interested person may examine the Joint Application, together with all pleadings, testimony and exhibits filed in this proceeding, at EPE’s offices at El Paso Electric Company, 201 N. Water Street, Las Cruces, New Mexico, telephone (575) 526-5555; or at the Commission’s offices at the address set out above.

            Anyone filing pleadings, testimony and other documents may file either in person at the Commission’s docketing office or by mail at the address set out above, and shall serve copies thereof on all parties of record and Staff listed on the Certificate of Service for this case in the manner indicated thereon.  All filings shall be emailed on the date they are filed with the Commission.  All filings shall also be emailed to the Hearing Examiner at Carolyn.glick@state.nm.us.

            ANY PERSON WITH A DISABILITY REQUIRING SPECIAL ASSISTANCE TO PARTICIPATE IN THIS PROCEEDING SHOULD CONTACT THE COMMISSION AT 505-827-4500 AS SOON AS POSSIBLE BEFORE THE START OF THE PUBLIC HEARING.

            I S S U E D at Santa Fe, New Mexico this 9th day of September, 2019.

            NEW MEXICO PUBLIC REGULATION COMMISSION

                                                                                                           
            Carolyn R. Glick
            Hearing Examiner