Photo via Arizona Corporation Commission
By Reagan Priest | AZ Capitol Times
Key Points:
- Policy statements from Arizona Corporation Commission have been challenged
- Commission argues it is entirely exempt from governing agency regulations
- Two agencies disagree, and are fighting against the commission
The Arizona Corporation Commission is facing challenges from two state agencies attempting to invalidate its policies, raising questions about the body’s authority and self-oversight.
The all-Republican commission has spent the first part of this year fending off litigation and administrative review from the Residential Utility Consumer Office and the Governor’s Regulatory Review Council. Both entities allege the commission has been using policy statements in lieu of formal rulemaking processes to enact controversial regulations.
The commission argues it is exempt from statutes governing how state agencies create policies and has the authority to impose sweeping changes to ratemaking and utility oversight with little input from the public or stakeholders. That argument held up in a Maricopa County Superior Court, but it did not pass muster with the members of the Governor’s Regulatory Review Council.
