By Rose Law Group Reporter
Liberty Utilities has been unable to provide new wastewater connections for development in fast growing parts of the West Valley and its regulators at the Arizona Corporation Commission have finally taken notice. Commissioner Anna Tovar, herself a West Valley resident, has seemingly had enough of Liberty’s inability to provide service, writing in a letter docketed yesterday that, “[w]e cannot afford to stop all sewer connections in the Liberty Litchfield service territory for the next two to three years.” Liberty has told developers that it is unable to process new capacity until the construction of its new sewer plant is completed sometime in late 2024. No new capacity means no development and missed opportunities for jobs and economic growth. Unsatisfied with this prolonged shutdown in economic development in her community, Tovar’s letter opened a formal investigation of Liberty Utilities with the stated goal, “to explore temporary solutions that would allow for new sewer connections while [Liberty’s new sewer plant] is being constructed.”
Rose Law Group co-founder and regulatory attorney, Court Rich, represents developers working to find ways around Liberty’s shutdown and welcomes Tovar’s letter. “This situation cries out for leadership and an interim solution” said Rich, “There are nearby cities that benefit from continued economic development in this area that themselves have excess capacity in their sewer infrastructure. Bringing all the cities and nearby utilities together to find a solution so that economic development opportunities are not missed is necessary at this time.” Rich concluded by comparing this situation to a famous utility failure from the East Valley saying, “the last thing the West Valley needs is its own Johnson Utilities meltdown and hopefully this Commission intervention can stop this fast growing area from hitting the breaks on opportunity.”
In her letter, Tovar asked Liberty a series of questions aimed at getting the facts, figuring out how the utility found itself unable to provide service, and why the utility had not flagged this issue for its regulator. The Commissioner gave Liberty until September 14th to respond to her letter. Tovar concluded her letter with a hopeful tone stating she, “look[s] forward to finding a solution that will ensure these growth and economic opportunities do not pass us by.”
Read Tovar’s letter here: https://docket.images.azcc.gov/E000020977.pdf?i=1662653482970
