Attorney General of the State v. New Mexico Public Utility Commission

(specially concurring).

{17} I agree with the majority opinion that the Commission lacked substantial evidence to modify the stipulation in this case. However, I respectfully believe that this appeal raises a more fundamental question: whether the Commission has the authority to modify an unopposed stipulation over the objection of a party to the stipulation or whether the Commission, in such a circumstance, must accept or reject an unopposed stipulation in its entirety. Contrary to the. majority opinion, which assumes that the Commission has authority to modify an unopposed stipulation…