APS goes on offensive, accuses Burns of illegal power grab

By Howard Fischer | Capitol Media Services via Arizona Capitol Times

Turning the legal tables on Bob Burns, the state’s largest electric utility is accusing him of an improper and illegal power grab.

New documents filed in Maricopa County Superior Court by Arizona Public Service and parent Pinnacle West Capital Corp. say Burns cannot use his constitutional power of subpoena to force the companies to disclose their financial contributions to political candidates.

Attorney Mary O’Grady acknowledged the state Constitution and statutes do give the Arizona Corporation Commission and its members some power to demand documents from publicly held corporations doing business in the state. But she said anything her clients did — and she’s not admitting to anything that Burns has alleged — fits within what’s allowed under state election law.

More to the point, O’Grady said, only the Legislature — and not Burns — can demand more details.

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