Democratic Corp Comm candidates side with Burns, push for APS investigation

The two Democrats running for the Arizona Corporation Commission showed solidarity with a current Republican commissioner over an outstanding investigation into a utility’s role in the 2014 commission election, telling voters electing the bipartisan trio the best way to push the investigation forward.

Republican commissioner Bob Burns has been investigating Arizona Public Service and its parent company Pinnacle West Capital Corp., which some speculate contributed to the $3.2 million spent in support of Republican Commissioners Tom Forese and Doug Little in their 2014 campaigns through dark money groups. The utility has not confirmed or denied any involvement. Burns issued two subpoenas in August to open the companies’ books and even attempted to contract an out-of-state lawyer to conduct an investigation.

“I believe when a regulated utility spends at the rate APS was perceived to have spent in 2014 … it puts integrity at risk,” Burn said at a Clean Elections debate on Arizona Horizon Tuesday.

Bill Mundell, a former commissioner, and Tom Chabin, a former state lawmaker, sided with Burns and said they would help protect APS ratepayers by pushing the investigation, if elected.

And while nobody at the debate advocated for unbridled election expenditures by utility companies, Burns did not receive as much support from fellow Republicans Boyd Dunn and Commissioner Andy Tobin as he may have liked.

Dunn, a former judge, did not express a definitive opinion one way or another. He emphasized that the utilities have a right to spend in the elections thanks to Citizens United and said the courts would likely decide the issue, since APS sued over the subpoenas.

Tobin said his biggest issue with the investigation was Burns’ attempt to hire an outside lawyer to investigate the involvement of the utility companies in the election, because the lawyer’s previous work with solar companies precluded a fair investigation. Solar company SolarCity has spent heavily via an independent expenditure committee to re-elect Burns this year. Save Our AZ Solar, a SolarCity-funded IE, has so far spent $140,000 in the general election to help elect Burns and Mundell.

But Tobin also has a SolarCity connection. In a tense moment, he bristled at the mention of ethical standards for conflicts of interest, and claimed moderator Ted Simons singled him out because the commissioner — who assumed his position after former Commissioner Susan Bitter Smith resigned following a conflict-of-interest investigation earlier this year — has a son-in-law who worked for the solar company.

“So my son-in-law gets fired from SolarCity, and it’s still not enough for you. … Working-class people … shouldn’t be fired because a relative is running for office,” Tobin said.

Burns, who was mostly spoken for, against or over by the unruly group of candidates, defended his investigation.

“The Attorney General said I had the authority (to hire the lawyer),” Burns said. “I can’t believe the other commissioners didn’t realize I was going through this process. The lawyer would have a … cheaper and more accurate investigation.”

Chabin and Mundell hope to break the GOP monopoly on the commission. Both fervently voiced their support for Burns’ investigation, and said that, if they win, the majority of the five-member commission would support an investigation into APS and Pinnacle West.

“This commission needs to establish a rule that is clear: if you are a government-created monopoly, you must reveal every single political contribution,” Chabin said. “The one issue (voters) face is the integrity of the commission itself. It’s a very, very critical thing when the records at APS and Pinnacle West are subpoenaed.”

Mundell criticized Burns’ colleagues for their lukewarm response to his efforts, especially Dunn. Mundell said that now Dunn wasn’t a judge, he should be more proactive in his efforts.