Governor appoints former Republican Sen. Nibert to PRC

Despite losing his legislative seat in 2024, Greg Nibert will continue serving New Mexicans through state government, this time as a regulator of utilities.

Gov. Michelle Lujan Grisham on Wednesday appointed Nibert to the role at the Public Regulation Commission, an independent state agency tasked with ensuring reliable and safe utility services at reasonable prices. She chose Nibert out of a list of four recommended candidates from the PRC nominating committee and was unable to appoint a Democrat to maintain political diversity at the PRC.

Nibert began his six-year term on Wednesday. He said in a statement his duty as a commissioner is to regulate utilities in accordance with laws, “which includes, first and foremost, the Energy Transition Act” — legislation passed in 2019 that sets renewable energy standards for utilities in New Mexico.

“The PRC plays a crucial role in ensuring we meet the renewable energy targets set forth in statute for the betterment of our state,” Nibert said. “I look forward to securing New Mexico’s energy future for generations to come.”

Some of his priorities at the PRC could include regional utility organization participation, digital equity and broadband access and technological advancement, according to his commissioner application materials. When asked what the most consequential decision of the PRC in the past 20 years has been, Nibert said the early retirement of the coal-fired San Juan Generating Station, which “accelerated the shift toward renewable energy sources” in electricity generation.

“My priorities will include ensuring reliable and affordable electric power, positioning New Mexico to leverage its resources, and advocating for legislative changes that facilitate quicker responses to emerging technologies and market opportunities,” Nibert said in his September application questionnaire.

Nibert is a partner at Hinkle Shanor LLP, specializing in real property, energy and administrative law, according to the Governor’s Office. The Republican has been recognized for his work in oil and gas law.

“While I have enjoyed a very rewarding career in a private law practice, I am ready for a change and new challenges,” Nibert said in his August commission application. “I see the PRC being even more relevant in the future as electrical demand grows at a much higher rate which will require great attention, planning, investment and oversight from the generators of electricity, transmission, utilities, (non-governmental organizations) and the PRC.”

Nibert succeeds Commissioner James Ellison, a registered independent, appointed last-minute by Lujan Grisham a year ago after her previous appointee, Republican Brian Moore, resigned because he didn’t meet the educational qualifications to be a commissioner. Ellison’s two-year term ended Dec. 31.

No more than two of the three commissioners can be from the same party; Nibert as a Republican balances out the other two serving commissioners, both Democrats.

Nibert intended to continue serving at the Legislature, a representative since 2017 who was appointed to serve on the Senate in 2024 following the resignation of another Republican senator. However, Nibert in June lost his primary election race to Patrick Henry Boone IV, who ran uncontested in the general election for the senate seat.

Nibert comes into the state commissioner role two years after an overhaul of the PRC went into effect. Voters in 2020 approved a constitutional amendment that changed the PRC from a five-member elected commission to a three-member appointed commission in 2023.

The amendment also changed commissioner terms from four years to six years.

The PRC overhaul came after the state agency was repeatedly embroiled in controversy and scandal, which Nibert said seems to have turned around.

“It appears to me that the appointed commission is on a good path and is overcoming some of the challenges that were evident with the former elected commission,” Nibert said in his application questionnaire. “I hope to contribute to that progress and to contribute to making the PRC a respected institution whose decisions are credible, logical, defensible.”

Nibert will earn an annual salary of $190,000. His appointment is subject to state Senate confirmation.