In case the commission or its members shall undertake to act in excess of its jurisdiction and authority conferred under this act, or without jurisdiction; or in case the said commission or its members shall undertake to exercise rights or privileges not conferred upon it by this act or by law; or in case the said commission or its members shall fail or refuse in the performance of any duties or obligations imposed upon it by the terms of this act, then the person interested or whose rights are affected may bring suit by mandamus, prohibition, injunction or other appropriate remedy against the said commission in its statutory name in this act provided, to compel performance of the duties and obligations imposed upon said commission by this act, or to restrain said commission and its members from the exercise of jurisdiction not by this act conferred. Consent of the state is hereby expressly given to the maintenance of such suits against said commission. Any such action shall be brought against said commission in the district court of Santa Fe county, New Mexico, or in the district court of the county in which the complaint or controversy arose. Any judgment or decree entered against the commission shall be binding upon the commission and each and every member thereof.

History: Laws 1941, ch. 84, § 74; 1941 Comp., § 72-1002; 1953 Comp., § 68-10-2.

Compiler's notes. — For the meaning of "this act", see 62-13-1 NMSA 1978 and notes thereto.

Sections 62-12-1 to 62-12-7 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 12 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective. See Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.

Cross references. — For prohibition, see N.M. Const., art. VI, § 13.

For mandamus, see 44-2-1 to 44-2-14 NMSA 1978.

For injunctions, see Rules 1-065 and 1-066 NMRA.

Equity has inherent power to restrain acts beyond commission's jurisdiction. — The power to restrain the exercise by the commission of acts entirely beyond or in excess of its jurisdiction inheres in a court of equity, and a mere declaration of the power in this section adds no new strength to the power. Potash Co. of Am. v. N.M. Pub. Serv. Comm'n, 1956-NMSC-091, 62 N.M. 1, 303 P.2d 908.

Complete administrative remedy for testing rates is provided. — The Public Utility Act envelops the commission with an aura of broad power and jurisdiction to determine just and reasonable rates and sets up a complete remedy within the framework of the act for testing their propriety and reasonableness. Potash Co. of Am. v. N.M. Pub. Serv. Comm'n, 1956-NMSC-091, 62 N.M. 1, 303 P.2d 908.

Increasing contract rate is not in excess of commission's jurisdiction. — Where the commission had entered an order authorizing a public utility to enter into a contract and to continue to charge the gas rate therein specified until further order and on the ex parte petition of the utility subsequently entered an interlocutory order making a rate increase to be effective until the commission could hold a hearing to determine and set a new and proper rate, the commission was moving strictly in conformity with the act creating it to determine one of the major questions submitted to its jurisdiction - a question of rates. Potash Co. of Am. v. N.M. Pub. Serv. Comm'n, 1956-NMSC-091, 62 N.M. 1, 303 P.2d 908.

Section applicable. — Where it is alleged that the public regulation commission is acting outside the scope of its jurisdiction or refusing to perform under the Public Utility Act, this section is applicable. City of Sunland Park v. N.M. Pub. Regulation Comm'n, 2004-NMCA-024, 135 N.M. 143, 85 P.3d 267, cert. denied, 2004-NMCERT-002, 135 N.M. 169, 86 P.3d 47.

Law reviews. — For note, "The Public Service Commission: A Legal Analysis of an Administrative System," see 3 N.M.L. Rev. 184 (1973).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 64 Am. Jur. 2d Public Utilities § 278.

Prohibition as means of controlling action of ratemaking officials, 115 A.L.R. 19, 159 A.L.R. 627.

73B C.J.S. Public Utilities §§ 66, 129-138.