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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
 
 
FORM
8-K
 
 
CURRENT REPORT
Pursuant to Section 13 OR 15(d) of The Securities Exchange Act of 1934

Date of Report (Date of earliest event reported)
January 29, 2020
 
 
(January 29, 2020)
 

Name of Registrant, State of Incorporation, Address Of Principal Executive Offices, Telephone Number, Commission File No., IRS Employer Identification No.

PNM Resources, Inc.
(A New Mexico Corporation)
414 Silver Ave. SW
Albuquerque, New Mexico 87102-3289
Telephone Number - (505) 241-2700
Commission File No. - 001-32462
IRS Employer Identification No. - 85-0468296

Public Service Company of New Mexico
(A New Mexico Corporation)
414 Silver Ave. SW
Albuquerque, New Mexico 87102-3289
Telephone Number - (505) 241-2700
Commission File No. - 001-06986
IRS Employer Identification No. - 85-0019030


Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
☐
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
 
 
☐
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
 
☐
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 40.14d-2(b))
☐
Pre-commencement communications pursuant to Rule 13e-4 (c) under the Exchange Act (17 CFR 40.13e-4(c))


Securities registered pursuant to Section 12(b) of the Act:
Registrant
Title of each class
Trading Symbol(s)
Name of exchange on which registered
PNM Resources, Inc.
Common Stock, no par value
PNM
New York Stock Exchange

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter). Emerging growth company ☐

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐








Item 7.01 Regulation FD Disclosure.

As previously reported, on July 1, 2019, PNMR’s wholly-owned subsidiary, Public Service Company of New Mexico (“PNM”) submitted a filing to the New Mexico Public Regulation Commission (“NMPRC”) requesting approval for the abandonment of San Juan Generating Station (“SJGS”), for procurement of proposed replacement generation resources, and for the authority to issue approximately $361 million of “energy transition bonds” (the “Application”) under the New Mexico Energy Transition Act (“ETA”).

On January 29, 2020, the New Mexico Supreme Court issued a ruling from the bench requiring the NMPRC to apply the ETA to the Application, indicating any previous NMPRC orders that are inconsistent with their ruling should be vacated, and denying parties’ request for a stay of the case.

The Application and the New Mexico Supreme Court’s order can be found on PNMR’s website (http://www.pnmresources.com/investors/rates-and-filings.aspx). The contents of these websites are not otherwise incorporated into this Form 8-K.

In accordance with General Instruction B.2 of Form 8-K, the information in this Item 7.01 of this Current Report on Form 8-K, including Exhibit 99.1, shall not be deemed “filed” for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise subject to the liabilities of that Section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific references in such a filing.

Item 8.01 Other Events.
The first two paragraphs of Item 7.01 above are incorporated into this Item 8.01.

Item 9.01 Financial Statements and Exhibits.
(d) Exhibits.
 
 
Exhibit Number
Description
 
 
99.1
104
Cover Page in Inline XBRL format





SIGNATURE

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrants have duly caused this report to be signed on their behalf by the undersigned thereunto duly authorized.

 
PNM RESOURCES, INC.
 
PUBLIC SERVICE COMPANY OF NEW MEXICO
 
(Registrants)
 
 
 
 
Date: January 29, 2020
/s/ Henry E. Monroy
 
Henry E. Monroy
 
Vice President and Controller
 
(Officer duly authorized to sign this report)







Exhibit 99.1

For Immediate Release
January 29, 2020

New Mexico Supreme Court Ruling Confirms Applicability of Energy Transition Act to PNM Filing

(ALBUQUERQUE, N.M.) – Today the New Mexico Supreme Court ruled on a joint Emergency Verified Petition from New Mexico Governor Lujan Grisham, Navajo Nation President Jonathan Nez, Speaker of the New Mexico House of Representatives Brian Egolf and other New Mexico lawmakers to provide clarification about the applicability of the Energy Transition Act (ETA) to PNM’s application for San Juan Generating Station abandonment, securitization and replacement power.

The Court granted the joint petition, confirming the applicability of the ETA and requiring the New Mexico Public Regulation Commission (NMPRC) to apply the ETA to all of PNM’s application. The Court further noted that any previous NMPRC orders inconsistent with today’s order should be vacated. The request for a stay of the case was denied.

“We applaud the New Mexico Supreme Court’s decision in applying the Energy Transition Act,” said Pat Vincent-Collawn, PNM Resources’ chairman, president and CEO. “This ruling positively impacts the people of New Mexico. We also recognize the passion and commitment that all sides share in this journey to a clean and just energy future. This decision affects us all and by working together we can achieve our state’s goal of 100% emissions-free.”

The ETA, described by New Mexico Governor Lujan Grisham’s office as landmark legislation that sets bold statewide renewable energy standards and establishes a pathway for a low-carbon energy transition away from coal while providing workforce training and transition assistance to affected communities, became effective in June 2019 after being passed in the legislative session and signed into law by the Governor.

The NMPRC is expected to provide a final order on the abandonment and securitization portion of PNM’s filing by April 1, 2020.

Upon receipt of today’s order, it will be available at:
https://www.pnmresources.com/investors/rates-and-filings.aspx


Background:
PNM Resources (NYSE: PNM) is an energy holding company based in Albuquerque, N.M., with 2018 consolidated operating revenues of $1.4 billion. Through its regulated utilities, PNM and TNMP, PNM Resources has approximately 2,701 megawatts of generation capacity and provides electricity to more than 785,000 homes and businesses in New Mexico and Texas. For more information, visit the company's website at www.PNMResources.com.

CONTACTS:
Analysts                            Media
Lisa Goodman                            Ray Sandoval
(505) 241-2160                        (505) 241-2782

Safe Harbor Statement under the Private Securities Litigation Reform Act of 1995
Statements made in this news release for PNM Resources, Inc. (“PNMR”) and Public Service Company of New Mexico (“PNM”) (collectively, the “Company”) that relate to future events or expectations, projections, estimates, intentions, goals, targets, and strategies are made pursuant to the Private Securities Litigation Reform Act of 1995. Readers are cautioned that all forward-looking statements are based upon current expectations and estimates. PNMR and PNM assume no obligation to update this information. Because actual results may differ materially from those expressed or implied by these forward-looking statements, PNMR and PNM caution readers not to place undue reliance on these statements. PNMR's and PNM's, business, financial condition, cash flow, and operating results are influenced by many factors, which are often beyond their control, that can cause actual results to differ from those expressed or implied by the forward-looking statements. For a discussion of risk factors and other important factors affecting forward-looking statements, please see the Company’s Form 10-K and Form 10-Q filings with the Securities and Exchange Commission, which factors are specifically incorporated by reference herein.

(END)