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The New Mexico Independent going forward

By | 11.16.11

I am writing today to announce the closure of the New Mexico Independent. After three and a half years of operation in New Mexico, the board of the American Independent News Network, has decided to shift publication of its news…

EIB hears more anti-cap-and-trade testimony

Mesa Verde 80
By | 11.10.11

While environmental activists played their part yesterday during demonstrations at the capitol building, going so far as to dress up as solar panels and to sing the tune of “You Are My Sunshine,” their counterparts, the anti-cap-and-trade contingency who has…

New Mexico’s largest university low in popularity

jobs-80
By | 11.10.11

Roughly one quarter of University of New Mexico students are unimpressed with the state’s flagship public school, according to a survey that questioned college students about their higher education experiences.

Posts Tagged jason marks

Constitutional amendment drafted to abolish PRC

By | 10.15.10 | 11:52 am

Legislators have drafted a constitutional amendment and companion legislation that would abolish the controversial Public Regulation Commission (PRC), New Mexico’s most powerful regulatory agency. The move came as a surprise to commissioners.

Keller, Marks champion green economy at poorly-attended UNM climate summit

By | 10.11.10 | 12:03 pm

Blaming competing demands like college midterms and the Balloon Fiesta, UNM organizers acknowledged a smaller-than-expected turnout for Sunday’s 10/10/10 “Take the Next Step” climate policy summit.

Despite live reggae and jazz music, and vendors offering pastries and locally-grown organic…

PRC uses ‘loophole’ to avoid discussing problems in public

By | 10.06.10 | 12:01 am

State Insurance Superintendent John Franchini has said he plans to meet individually with members of the Public Regulation Commission to discuss how the division plans to fix serious problems pointed out in a recent national audit. “They may think they’ve figured out a ‘loophole’ [in the Open Meetings Act], but they’ll lose the public’s trust and confidence in the process. So what have you really gained?” says Sarah Welsh of the Foundation for Open Government.

Punishing gov’t employees who leak documents ‘extremely unwise,’ NM FOG says

By | 09.29.10 | 2:06 pm

Public Regulation Commission (PRC) Commissioner Sandy Jones’s quest to identify and fire the employee he believed leaked an audit report that was published Friday by The Independent is legally dubious, according to New Mexico…

PRC clamps down on employees over ‘leaked’ audit report

By | 09.29.10 | 8:22 am

The Public Regulation Commission (PRC)’s Tuesday meeting erupted into a heated debate overa national auditors’ report that was sharply critical of the agency’s Division of Insurance. Although the report was released after a public records request, the agency announced that a new, more restrictive PRC-wide policy about employee contact with news reporters is being drafted.

PRC resists public discussion of critical audit report

By | 09.28.10 | 11:39 am

The Public Regulation Commission doesn’t want to have a public discussion of a critical audit of the state Division of Insurance, PRC Commissioner Jason Marks charged Tuesday.

“They’re trying to cover it all up and keep it from…

PRC scrutinizes Mountainair pipeline safety waiver

By | 09.14.10 | 6:22 pm

Just a week after a deadly pipeline blast in California, officials from Mountainair were disappointed to find PRC commissioners reluctant to approve what they had expected to be a routine regulatory waiver.

“There’s this pattern of companies doing something but not doing enough, not taking things seriously enough,” Commissioner Marks said. “It’s not that they don’t care. The problem is that the responses aren’t sufficiently large, given the scale of the dangers.”

PRC scales back PNM’s near-term plans for solar energy

By | 09.02.10 | 5:43 pm

The state Public Regulation Commission (PRC) has scaled down the Public Service Company of New Mexico (PNM)’s proposed renewable energy procurement portfolio, which depended heavily on traditional photovoltaic solar electric facilities to meet state-mandated renewable energy requirements.

The…

Picacho Hills water utility owner fined record $950,000

By | 08.31.10 | 12:05 pm

The Public Regulation Commission (PRC) has fined Picacho Hills Utility Company owner Stephen Blanco $950,000 and the utility itself $50,000, for dozens of violations of state public utility law and PRC rules and orders.

The $1 million…

Blue Cross customers protest rate hike at hearing in Santa Fe

By | 08.26.10 | 1:53 pm

A contentious all-day hearing Wednesday left many Blue Cross and Blue Shield of New Mexico customers saying they see little hope for relief from a controversial 21.3 percent increase in their health insurance premiums. Even though the company’s cash reserves have now reached $7.2 billion, an expert witness for the Attorney General’s office’s, who reiterated earlier testimony that Blue Cross had not sufficiently documented its claimed cost figures, and whose analysis found the insurer’s rate filing had exaggerated company losses, said the 21 percent increase was “reasonable, given the circumstances.”

PRC rejects government restructuring task force proposals

By | 08.12.10 | 11:13 am

The Public Regulatory Commission (PRC) rebuffed proposals from legislators that would dismember the controversy-plagued agency, moving its Division of Insurance, Transportation Bureau and other regulatory programs to other agencies.

“We’re a young agency and we’re sorting out some…

Other Public Regulation Commission divisions targeted for potential change

By | 08.06.10 | 12:27 pm

The Division of Insurance isn’t the only Public Regulation Commission (PRC) agency being targeted for potential changes.

The Government Restructuring Task Force, a panel researching how to make state government more efficient, has several scenarios before it…

Picacho Hills water utility owner may face witness intimidation, perjury charges

By | 08.05.10 | 1:54 pm

The Public Regulation Commission (PRC) will refer allegations of perjury and witness intimidation against Picacho Hills Utility Company owner and real estate developer Stephen Blanco to the Attorney General’s office, according to PRC records and commissioners. The findings, which the PRC will vote to refer to the attorney general’s office by Aug. 12, resulted from an agency review of Blanco’s company.

State agency might not fine water utility

By | 08.04.10 | 11:44 am

The Public Regulation Commission (PRC) might not issue a record $850,000 fine or order a fraud audit of a Las Cruces water utility’s finances despite protests from some of its staff. The difference of opinion emerged during a PRC hearing Tuesday.

PRC declares PNM rate hike filing incomplete

By | 08.02.10 | 7:41 am

The state Public Regulation Commission (PRC) declared the Public Service Company of New Mexico (PNM)’s electric rate hike filing to be incomplete last week, delaying approval at least until June 30, 2011.

The commission’s approval or disapproval of…

Supreme Court rejects Blue Cross Blue Shield bid to stop rate hike hearing

By | 07.28.10 | 12:37 pm

New hearings on an insurance company rate hike will continue after The New Mexico Supreme Court decided on Wednesday to deny Blue Cross and Blue Shield of New Mexico‘s petition to stop them.

The company had asked the court to halt new Insurance Division hearings to review a previously-approved but controversial health insurance rate hike.

“This paves the way for the public vetting of the factors underlying the rate increase,” Public Regulation Commission (PRC) Commissioner Jason Marks told The Independent at the Supreme Court. “The public can’t help but benefit from hearings.”

Blue Cross Blue Shield NM had petitioned the Supreme Court to reverse acting superintendent Johnny Montoya‘s order suspending the rate hike

After hearing oral arguments from Blue Cross attorney Paul Bardacke, Attorney General Gary King and Insurance Division attorney David Barton, justices retired to chambers for approximately 25 minutes Wednesday morning. They briefly emerged for Justice Petra Jimenez Maes to announce the court was denying the company’s petition.

Insurers should not be subject to repeated hearings after a rate hike has been approved by the insurance superintendent, Bardacke argued.

“Where is the finality for consumers, first of all?” he asked in oral arguments before the court.

But the Supreme Court was not the appropriate venue for the case, Maes stated Wednesday morning, echoing Barton’s oral argument that the high court’s intervention would only be appropriate if Blue Cross had no other recourse to appeal the Division’s decision. Under state law, Blue Cross can appeal a withdrawal of any rate hike approval in district court.

“We respect the finding of the Court and will be at the hearing August 25,” Bardacke, who represents Blue Cross Blue Shield NM, told The Independent. “We were pleased Attorney General Gary King indicated the (rate hike) settlement was fair and equitable, and in the best interest of all New Mexicans.”

The Attorney General’s office had helped negotiate and stood by the controversial rate hike settlement, but Gary King appeared before the Supreme Court to defend the Insurance Superintendent’s authority to hold public hearings and review the justification for the rate hike.

The Insurance Superintendent has discretion under state law to hold the scheduled hearings, Gary King argued.

“A final order reversing approval would not be discretionary,” Gary King clarified to The Independent after the Court’s decision. “There would have to be some reason for rejecting the rate increase. There would have to be some different or additional evidence presented at the hearing” to reverse the rate hike approval.

“It’s a new day for consumers in New Mexico,” PRC chair David King told The Independent, adding that Legislature should now empower the PRC to hear appeals of future rate hikes. Currently, appeals must be filed in district court.

“I’m happy New Mexicans will get a chance for new hearings and we’ll do things now that should have been done orginally,” PRC Commissioner Jerome Block Jr. said. “Hopefully the surpluses prove that the rate increases are not justified and New Mexicans can be spared this increase. They have a lot of nerve to come ask for an increase, frankly.”

Blue Cross accumulated record surpluses while raising rates, study shows

By | 07.23.10 | 9:03 am

Blue Cross and Blue Shield health insurance plans across the U.S. have raised policyholders’ rates while accumulating billions of dollars in surpluses – much more than necessary to protect the companies, according to a Consumers Union study released Thursday.

New PRC commissioner supports greater transparency for health insurance regulation

By | 07.09.10 | 8:38 am

Theresa Becenti-Aguilar‘s top priority on the Public Regulation Commission (PRC) will be empowering PRC employees, she told staffers this week — but protecting consumers will be a close second, she said.

The Insurance Division’s negotiation of a controversial

PRC commissioner wants more power to reject health insurance rate hike requests

By | 06.16.10 | 12:01 am

As New Mexico officials prepare to increase oversight of health insurance rates—with one eye on an influx of federal cash and the other on impending health care reform rules—members of the Public Regulation Commission are already struggling with public pressure to crack down on rapidly rising rates. Now PRC Commissioner Jason Marks says state law should be strengthened to require the Insurance Superintendent to reject unreasonable premium rate requests.

State to restart approval process for Blue Cross Blue Shield rate hike request

By | 06.14.10 | 1:23 pm

The state Insurance Division will this week vacate its controversial April approval of a Blue Cross Blue Shield of New Mexico health insurance rate hike settlement, Public Regulation Commission (PRC) chairman David King told The Independent Monday morning.

The move expected this week does not represent a formal rejection of the request or a final decision; it will simply restart the process.

Commissioner Jason Marks had condemned the settlement as “a back room deal.” Angry commissioners voted May 13 to order the Division to reverse its approval of the settlement, which was negotiated over a weekend without public hearings.

But former acting superintendent Tom Rushton, who had helped negotiate the 21.3 percent rate hike, resigned the following day without issuing an order to vacate the agreement.

Rushton was replaced May 20 by Craig Dunbar, who could not vacate the agreement because a technicality prevented him from staying in the job; State law requires the insurance superintendent to have lived in New Mexico for three years, but Dunbar returned to New Mexico from Texas only last year.

Blue Cross Blue Shield attorneys had threatened to sue the PRC if the Division withdrew its approval for the rate hike. But concerned that Dunbar’s appointment might be challenged in court if he vacated the rate hike, because of the residency issue, commissioners decided to replace him, they told The Independent.

Dunbar was replaced last week by Johnny Montoya

Incoming interim superintendent Johnny Montoya will vacate the Division’s approval this week, Dunbar and King said.

If that happens, the division will also clear a separate request to reverse the approval submitted by the original complainant in the case, Blue Cross Blue Shield NM policyholder and Albuquerque Attorney Jody Neal-Post. Jones defected from the settlement agreement May 27.

Describing Blue Cross Blue Shield as “a corporation with apparently endless litigation resources,” Neal-Post noted in a filing submitted to the Division Monday that the company had hired yet another attorney to fight her request that the settlement approval be vacated.

The PRC’s selection committee will begin reviewing candidates Tuesday for the permanent superintendent, King said. A “permanent” superintendent should be appointed by late summer, King said.

King questioned the constitutionality of residency requirements, noting that “many” candidates for the permanent superintendent position could not apply because they had not lived in New Mexico during the past three years.