New Mexico Electric Service Co. v. New Mexico Public Service Commission

OPINION

COMPTON, Chief Justice.

This is an action to annul and vacate an order of appellant requiring appellee to pay over to its general customers the balance of a refund obtained from its wholesale power supplier, Southwestern Public Service Company. The cause was tried to the court; the court found appellant to be without jurisdiction in the matter and granted the requested relief from which order appellant appeals.

On September 9, 1965, the Federal Power Commission issued an order requiring Southwestern to reduce the wholesale contract rate of power sold to appellee as of April 2, 1965. The…