New Mexico Statutes Chapter 62. Electric, Gas and Water Utilities § 62-13-3. Costs

A. Except as otherwise provided by law, in all proceedings before the commission and in the courts, each party to the controversy shall bear his own costs and no costs shall be taxed against either party.

B. In any commission rate proceeding in which the utility seeks rates to recover adjusted test-year litigation expenses there shall be no presumption that the litigation expenses are prudent. Nothing in this section shall be construed to create or imply a presumption of prudence for any utility expenditures not addressed in this section.

C. As used in this section, “litigation expenses” means all attorneys' fees, consulting fees and other costs of litigation, including in-house expenditures.