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Gov. Hobbs faces probe over alleged ‘pay-to-play’ scheme with Sunshine Homes

Key Points:
  • Arizona lawmakers hire out-of-state attorney for probe
  • Investigation focuses on Gov. Katie Hobbs’ alleged “pay-to-play” scheme
  • Gov. Hobbs promises ethics reform plan, but offers no timeline

State lawmakers have hired an out-of-state attorney who has defended Republican interests to act as an independent investigator in the long-standing probe of what they contend is a “pay-to-play” scheme by Gov. Katie Hobbs.

In a Feb. 2 press release, an all-Republican “advisory team” of the Arizona House analyzing the situation concluded that it was time to proceed to the next step in their work to find the link between political donations to the governor by the owner of Sunshine Residential Homes and a decision by her Department of Child Safety to grant a large increase in what it was paying to house children in the residential facility.

This is separate from an ongoing probe of the Democratic governor by Attorney General Kris Mayes seeking the same link and the fact that lawmakers have asked Maricopa County Attorney Rachel Mitchell and the state Auditor General’s Office to also investigate.

None of those inquiries, launched in 2024, has reached any conclusion.

The announcement also comes nearly a year after Hobbs vetoed legislation that would have required companies seeking state contracts or grants to disclose “anything of value” they have provided to the governor, a gubernatorial campaign, or other entities that have supported the governor’s election or inauguration in the past five years.

In exchange for that veto, the governor promised to work with state lawmakers to craft a measure to ensure the kind of transparency that Sen. T.J. Shope, R-Coolidge, sought.

On Monday, Hobbs echoed that same commitment, saying she’s still “willing to talk to legislative leaders about how we can make changes to increase transparency and accountability.”

But the governor balked at both questions: when the public would see her plan and when she would comment on the investigation.

“I don’t have an update on that,” she said.

Christian Slater, the governor’s press aide, was no more specific, saying only that his boss is “engaging with legislators” and “hopes to pass a bipartisan, common-sense ethics reform plan to bring greater accountability and transparency to state contracts.”

All this traces back to Sunshine giving $100,000 to a committee seeking donations for the governor’s 2023 inaugural. Only Arizona Public Service, at $250,000, was a larger contributor.

Even before the election, Sunshine contributed $200,000 directly to the Arizona Democratic Party. And there was another $100,000 donation in 2023.

DCS spokesman Darren DaRonco said an initial bid by Sunshine in 2023 for more money was rejected.

But in May, the agency agreed to raise the standard rate from $140 per bed to $195, a 30% increase.

DaRonco said Sunshine made the case that unless it got more money it would transfer more of its beds to the federal government to house immigrant children. He said such a move — the feds were paying $225 — would have meant fewer places for DCS to place its foster children.

Then Sunshine got a new contract boosting its rate to $234.

Mayes opened her own probe in June 2024, the same one an agency spokesman said remains “ongoing” on Monday.

Meanwhile, there was the June 2025 veto of Shope’s bill — and the November 2025 promise to find ways to shed more light on who is doing business with the state.

“I can say we’re in support of transparency in government,” Hobbs said at the time. “And we’re going to put forward a package that does that.”

That same month, House Speaker Steve Montenegro put together an advisory team — composed only of Republican lawmakers — to probe any link between the donations and the contract which was first reported by The Arizona Republic.

Slater, however, called all this “a shameless publicity stunt from partisan actors who are desperate to score political points.”

And now the team has hired Justin Smith of the James Otis Law Group in Missouri. According to the press release, he will review records, conduct interviews, and report his findings to the team and to House GOP leadership.

This isn’t the first time Republican lawmakers in Arizona have entered into contracts with the firm for which Smith works.

Smith is also representing GOP efforts to block legal challenges to state abortion laws mounted by two physicians who perform the procedure and the Arizona Medical Association. They contend voter approval in 2024 of Proposition 139, inserting a “fundamental right” to terminate a pregnancy before fetal viability makes the restrictions, like a 24-hour waiting period, illegal.

He also was retained by Montenegro and Senate President Warren Petersen to try to overturn a federal court ruling that voided a state law that says transgender individuals can get an amended birth certificate only if they first undergo surgery. Smith also is handling separate litigation over the enforceability of a state law that bans anyone born male from participating in girls’ sports.

Separately, Smith is trying to get a federal appeals court to conclude that a federal judge erred in holding that Montenegro and Petersen lack legal standing to challenge the Biden administration’s decision to create the Baaj Nwaavjo I’tah Kukveni–Ancestral Footprints of the Grand Canyon National Monument.

And the James Otis Law Group, for which Smith works, was founded by James Sauer, who, after successfully getting the U.S. Supreme Court to rule that President Trump is entitled to broad immunity from criminal prosecution, was named by the president as the solicitor general of the United States.

Montenegro defended the choice.

“Justin Smith has the experience and integrity this investigation demands,” the speaker said. “He has no interest other than uncovering the truth.”

This Republican wants Arizona’s residential utility agency to focus on rural customers, not large utilities

Key Points:
  • Rep. Teresa Martinez wants the Residential Utility Consumer Office to reprioritize
  • RUCO declined to intervene in a rural water rate case at the Arizona Corporation Commission
  • Martinez says the agency needs to focus on small utility customers, not large ones like Arizona Public Service

A Republican lawmaker wants the state agency tasked with advocating for residential utility customers to reprioritize after it declined to assist the customers of a rural water utility. 

Rep. Teresa Martinez, R-Casa Grande, introduced House Bill 2113 to require the Residential Utility Consumer Office to intervene in rate cases at the Arizona Corporation Commission if a utility company attempts to increase rates by 100% or more. Martinez’s bill comes after RUCO was unable to intervene in the Picacho Water and Sewer Company rate case, which originally proposed a 125% increase in water rates and a 188% increase in sewer rates.

Martinez sent a letter to RUCO Director Cynthia Zwick in September regarding the rate case, after hearing from constituents that the agency had declined to intervene. Since then, Zwick said she has met with Martinez to discuss RUCO’s caseload and resource constraints, but Martinez still believes the agency should refocus its efforts. 

“RUCO is prioritizing the number of people rather than the amount of the proposed rate hike, leaving rural Arizona behind,” Martinez said in a statement. “Instead of fighting for the little guy facing 200 or 300 percent rate hikes, RUCO is concentrating its attention on larger population centers where proposed increases average around 15-20 percent. This is a fairness issue.”

Zwick told Martinez in an October letter that RUCO has the resources to intervene only in the largest utility rate cases that affect the most utility customers in the state, such as those for Arizona Public Service and Tucson Electric Power. After reviewing the Picacho cases, Zwick decided the agency did not have the bandwidth to get involved.

“It’s kind of been historic, but it’s certainly a decision that I’ve made independently and continue to support, which is we need to look at the large cases that have the most impact on the most customers,” Zwick told the Arizona Capitol Times. “(Those cases) require an incredible amount of time and attention.” 

A spokesperson for House Republicans said Martinez was not available for an interview, but in an October letter to Zwick, she criticized the agency’s decision to only take on large utility rate cases.

“If you did not prioritize rate cases by utility class alone, then your agency might have some additional time and resources available to dedicate to other, smaller utilities which may not require as many pages of testimony, as many days of hearings, or as many billable hours from consultants,” Martinez wrote.

RUCO has also received criticism from the Robson Ranch Task Force, created by the residents of the Robson Ranch retirement community in Eloy to oppose the Picacho Water and Sewer rate increases. Its leader, Raul Salmon, told the Arizona Capitol Times in December that he and other residents struggled to reach RUCO staff and were disappointed by the agency’s response.

“They go, ‘Well, you’re 1,800 houses this is small fry,’ but it’s not small fry to us,” Salmon said. “They’re going to double our rates and you’re looking at us like ‘What?’” 

The Robson Ranch Task Force instead pooled money to hire a Phoenix-based attorney to represent them in the rate case, which is still ongoing at the Corporation Commission. Small water and sewer companies often come into the commission asking for triple-digit rate increases, an issue that commissioners have been working to combat for decades. 

RUCO is not typically an intervenor in smaller water and sewer cases; instead, it intervenes in rate cases for larger companies like EPCOR and Global Water. Currently, RUCO is a party in five ongoing rate cases and anticipates intervening in two more this year, according to documents provided to Martinez. 

Zwick said RUCO would not be able to manage the workload created by Martinez’s bill, but she and her staff are still evaluating its impact on the agency. RUCO currently has nine employees and operates on a budget of nearly $1.6 million. 

“We would love to be able to enter into every case and represent every residential customer, but the reality is, we’re just simply unable to do that,” Zwick said. 

Manufactured outrage: The woke mob’s latest assault on American enterprise

Rev. Jarrett Barton Maupin Jr.

In the aftermath of the sweltering heat of Arizona’s summer, where the mercury danced perilously above 110 degrees more often than not, one might expect a chorus of reason from those purporting to champion the downtrodden. Instead, we are treated to the cacophonous bleatings of Vanessa Perez and her so-called Solar for All Coalition, a cadre of self-anointed activists who, in their latest op-ed, decry Arizona Public Service’s proposed rate adjustment as nothing short of corporate armageddon. This is not advocacy; it is theater, a manufactured outrage orchestrated by a woke mob perpetuating the grand con of leftist, Marxist, socialist, communist dogma that is as anti-American as it is anti-capitalist. These are not activists but actors, poverty pimps and profiteers, feasting on the grievances they amplify while offering naught but ideological slop in return.

Let us dissect this charade with the scalpel of truth. APS seeks a modest 14% rate increase, amounting to roughly $20 per month for the average household, deferred until no earlier than July 8, 2026, to fund the sinews of our modern existence: reliable electricity that powers homes, businesses, and the very air conditioners these doomsayers claim will be sacrificed on the altar of greed. Pinnacle West’s profits? A testament to capitalist success, not sin. As the Apostle Paul admonishes in 2 Thessalonians 3:10, “For even when we were with you, this we commanded you, that if any would not work, neither should he eat.” Capitalism rewards labor and innovation; socialism, by contrast, devours both.

Yet Perez and her ilk, ensconced in their coalition of segregated racialist silos, wield identity as a bludgeon against free enterprise. They paint vignettes of elders sweltering with open windows, families forsaking groceries for lights, and immigrants teetering on the brink of debt. Poignant, perhaps, but perilously detached from reality. These tales are the currency of professional victims, who thrive not on solutions but on sustaining the myth of systemic oppression. They are in league with the remnants of the dying Democrat Party, desperately administering CPR to the corpse of a political movement that has long since expired under the weight of its own contradictions. 

The border is sealed, the nation has had its fill of unchecked influxes, and Black Americans, my community, whom I have helped lead as one of Arizona’s most high-profile civil rights leaders, have abandoned the left in droves. Why? Because we weary of their godless, pointless crusades against all things white, normal, or productive. As Proverbs 14:23 declares, “In all labor there is profit: but the talk of the lips tendeth only to penury.” The left’s lips flap ceaselessly, yielding only more poverty.

This is all that immigrant activists and leftists have left: the hollow echo of class warfare, a relic of Marxist fever dreams that history has repeatedly put to rest. They decry APS’s formula-based mechanism for annual adjustments as a dangerous policy shift, bypassing full public input. Nonsense. Efficiency is the hallmark of progress, not a license for plunder. Without such mechanisms, utilities languish in bureaucratic quagmires, delaying the very infrastructure upgrades that prevent blackouts and ensure affordability in the long term. Attorney General Kris Mayes, in her vigorous opposition, merely parrots the socialist siren song, labeling it corporate greed. But greed? Nay, it is stewardship. As stewards of God’s creation, we must invest in the grids that sustain life, not sabotage them in the name of equity theater.

Far from the greedy monolith portrayed, APS has long been a pillar of community reinvestment, pouring millions into programs that uplift Arizona’s families, including Black Phoenicians. Through its community impact initiatives, APS has supported food security efforts providing over 6.8 million meals via partnerships with local food banks, invested in heat relief programs serving vulnerable populations with cooling stations and emergency AC repairs, and funded scholarships and STEM grants benefiting thousands of students from underrepresented communities. Notably, APS serves as presenting sponsor for the African American Leadership Institute (AALI), facilitated by the State of Black Arizona, fostering leadership in Phoenix and Southern Arizona cohorts. It backs Impact AZ 2025, a business accelerator for minority-owned enterprises through the Black Chamber of Arizona, and has championed the Black Changemaker Series to promote equity and opportunity. These efforts, detailed in APS’s annual community reports (https://www.aps.com/-/media/APS/APSCOM-PDFs/About/Community/Community_Impact_Report_2024.pdf), reflect a commitment to reinvestment that belies the critics’ caricature.

Moreover, APS’s legacy in advancing civil rights in metro Phoenix is profound and enduring. The company played a pivotal role in establishing the Martin Luther King Jr. holiday in Arizona, not merely in rhetoric but in practice, designating it as an off-peak day in service plans to ease financial burdens on customers, while promoting days of service in Dr. King’s memory (https://www.instagram.com/p/DFDd1D7O5ny/). APS was instrumental in supporting the Phoenix 40, a coalition of business and civic leaders that championed racial equality and economic opportunity in the 1960s and 1970s, fostering integration and empowerment. Leaders like Keith Turley, former President and Chairman of APS, forged alliances with civil rights icons, including an early and life-long partnership with my grandmother, Opal Ellis, a trailblazing activist whose sit-ins and community organizing paved the way for desegregation in Phoenix. 

Turley, alongside figures like Martin Shultz, APS’s longtime Vice President of Public and Government Affairs, invested in community alliances that uplifted Black Phoenicians, from scholarships and workforce development to support during crises. APS also empowered figures like Monsignor Robert Donohoe, a Catholic priest and social justice advocate, whose work through the Catholic church was bolstered by APS’s community partnerships, including support for initiatives addressing poverty and discrimination. When Black churches fell victim to arson in decades past, APS’s broader human services programs, providing aid through partnerships like the Salvation Army and faith networks, offered solace and resources to rebuild. These millions invested in programs for Black upliftment alone stand as a rebuke to the profiteers’ narrative.

The Arizona Corporation Commission, tasked with safeguarding public interest, must not capitulate to this hysteria. Reject the calls for endless hearings and comments that serve only to inflate the egos of these actors. Instead, affirm the capitalist ethos that built this nation: innovation rewarded, responsibility upheld. Arizona families are indeed resilient, but resilience flourishes under free markets, not the yoke of redistributionist fantasies. As Ecclesiastes 5:19 reminds us, “Every man also to whom God hath given riches and wealth, and hath given him power to eat thereof, and to take his portion, and to rejoice in his labor; this is the gift of God.”

Ya basta? Enough, indeed, of this anti-American, anti-capitalist drivel. The commission serves the people by fostering prosperity, not pandering to the poverty profiteers. Let us pray for wisdom in our regulators, that they might discern the wolf in activist clothing. For as Matthew 7:15 warns, “Beware of false prophets, which come to you in sheep’s clothing, but inwardly they are ravening wolves.”

Rev. Jarrett Barton Maupin Jr., a Republican and Baptist Minister, is one of Arizona’s most high-profile civil rights leaders, advocating for faith, family, and free enterprise. Follow him on X: @ReverendMaupin 

Arizona governor defends utility financing bill despite APS clean energy setback

Key Points:
  • Arizona Public Service walks back plan to exit coal energy by 2031
  • Advocacy groups say the company’s delayed exit from coal defeats the purpose of bill
  • APS said the securitization legislation can still be used on other assets, including those damaged by natural disasters

Gov. Katie Hobbs and Arizona Public Service are defending a controversial utility financing bill set to take effect in September after advocacy groups say the company’s delayed exit from a coal-fired power plant defeats the purpose of the bill. 

On August 7, APS announced it would roll back its clean energy commitments — including its plans to use zero coal by 2031 — in favor of energy affordability and reliability. That move sheds new light on the utility’s efforts earlier this year to lobby for securitization legislation, citing the need for state assistance in the upcoming closure of the coal-burning Four Corners Generating Station. 

Securitization allows utility companies to transfer debt into low-interest bonds that can be sold to recoup funding from aging assets, like decades-old coal plants. But advocacy groups say APS should not have pushed for House Bill 2679, signed in May, if the company knew its coal exit would be delayed. 

“It wasn’t a good bill, and it won’t be a good law,” said Sandy Bahr of the Sierra Club. “… we said ‘you should not push this through this session … have real stakeholder meetings, a real process so we can hash out these issues.’ And APS basically made it seem like they needed it right away.”

Christian Slater, Hobbs’ spokesman, said the governor disagreed with APS’ decision to walk back its clean energy goals, but said securitization is still a necessary tool for utility companies. 

“The securitization bill signed by Governor Hobbs still helps Arizona build more clean energy while guaranteeing lower costs and delivering even more energy,” Slater said in a statement. “The latest announcement has nothing to do with the merits of securitization.”

Some lawmakers said they were led to believe APS needed the legislation sooner rather than later because of its planned 2031 exit from Four Corners. But now, the company says it plans to exit the plant “no later than 2038,” when its lease on Navajo Nation land is up.

Mike Philipsen, a spokesperson for APS, echoed Hobbs’ defense of the bill, saying it could be used to recoup costs in other situations. He also noted that APS has not yet decided whether it will operate Four Corners past 2031. 

“HB 2679 enables utilities to save customers money by refinancing costs across a range of circumstances,” Philipsen said in a statement. “While some of those circumstances involve infrastructure retired before all investment costs have been fully recovered, other circumstances are forward-looking or address facilities that may be damaged or destroyed by natural disasters, such as wildfires or extreme storms.  APS will carefully examine opportunities to use this tool to maximize bill savings for customers while ensuring continuous, reliable service.”

Groups like Chispa Arizona, the Arizona Public Interest Research Group and the Arizona Solar Energy Industries Association criticized APS for rolling back its clean energy commitments. Some groups said the company misled lawmakers about the need for securitization legislation and even encouraged Hobbs and the Legislature to repeal it. 

HB2679 faced intense opposition from Democrats, environmentalists and consumer advocacy groups during its journey through the Legislature. The bill was written by APS and given to Rep. Gail Griffin, R-Hereford, to sponsor without any stakeholder involvement or input from the Arizona Corporation Commission during drafting. 

Attorney General Kris Mayes even argued that the bill could violate the state’s constitution, and is currently reviewing its legality as part of a formal attorney general’s opinion. 

Despite the concerns, Hobbs signed the bill, noting that it had gone through a significant amendment process and was made better by her office’s input.

APS has not said whether its plan to exit Four Corners will include decommissioning the two remaining generators or selling the plant to another company or group that will keep it online. Senate Minority Leader Priya Sundareshan attempted to limit HB 2679 to retired assets in the amendment process for that reason, but was unsuccessful. 

Four Corners is the last coal-fired plant operated by APS after the closure of the Cholla Power Plant earlier this year. It has stakes in coal plants operated by other utility companies in Arizona, but some of those plants could be transitioned to natural gas in the future. 

HB 2679 won’t become law until late September, and it is currently unclear when any of Arizona’s utility companies will use it. 

Rampant corporate greed and cozy commission will devastate ratepayers

Abhay Padgaonkar

Rampant corporate greed enabled by lax oversight was already running Arizona’s ratepayers into the ground. 

Arizona Public Service collected $1.1 billion more than in 2022 after major rate hikes in 2023 and 2024, while Tucson Electric Power’s profits surged 33% following a 10% increase in August 2023. 

Now, APS aims for an extra $580 million and a 14% rate hike, while TEP seeks $172 million more, as both are setting the stage for future increases on an annual autopilot

Growth ain’t paying for growth

APS has justified a substantial rate hike by claiming it’s necessary for growth and grid reliability, but CEO Ted Geisler’s “growth pays for growth” schtick unravels under closer scrutiny.  

Data centers present an existential threat to the power grid. With over 10,000 MW of energy requests pending, demand from just a couple of large data centers could exhaust APS’s entire allocation of 1,146 MW from Palo Verde!

While the weather-normalized average business usage skyrocketed by 9% in a single year, the average household consumption decreased by 1%, with businesses accounting for 91% of the overall growth, primarily due to the data center demand surging at a 100 times faster rate.

Despite this, residential rates increased by 7.4%, more than double the hike for non-residential customers, while industrial rates even dropped by 1.8%, and commercial customers only faced a 3.5% increase. 

Captive homeowners also pay peak rates over three times higher than the sweetheart deals for data centers, with some large customers allowed to bypass APS’s exorbitant prices and purchase cheaper power from third parties. 

No amount of rationalization from data center lobbyists will ever justify struggling homeowners subsidizing Big Tech. 

Corporate greed makes affordability impossible

APS wants us to believe that rapid growth and reliability make exorbitant prices inevitable. It is a ruse. 

Despite flawed claims by the Arizona Corporation Commission about Arizona having the second lowest energy costs, the state ranked 7th highest in total energy price, with the three for-profit monopolies charging more than in 38 states

In contrast, SRP, a large utility with similar customer demand as APS but not regulated by the commission, had among the lowest rates in the Southwest and has consistently ranked as a top utility in the nation for reliability and customer satisfaction

In 2024, APS prices were 25.4% higher than SRP’s, costing customers an extra $1 billion annually for the same amount of electricity.

While SRP plans a modest 2.4% rate increase, APS and TEP are seeking a shocking 14% hike—nearly six times as high. The new rates could make the APS price premium, an unconscionable 40% over SRP for the same commodity.

SRP, a not-for-profit utility, demonstrates that top-notch reliability, customer satisfaction, and affordability can coexist—but only if corporate greed and rubber-stamp regulators are removed.

Putting profits over people

The toxic combination of greedy monopolies and utility-friendly regulators has already led to dire consequences.

In 2024, APS shut off power to 46,000 customers —double the 2021 figure—and wrote off  $33 million as uncollectible revenue, three times the pre-pandemic level as a percentage of revenue. 

Following a 2017 rate increase, two customers died from shutoffs, including Stephanie Pullman, who owed just $52, an amount APS CEO Don Brandt earned in 30 seconds.

In 2024, 82-year-old Kate Korman also died after being disconnected for a $500 bill, while APS CEO Jeff Guldner’s pay tripled from $5.5 million in 2021 to $17.2 million in 2024, driven by rising company profits. 

Meanwhile, Pinnacle West, APS’s parent company, outperformed industry benchmarks for shareholder returns each year since 2022 and raised dividends for 13 straight years, distributing $400 million in 2024.

More devastation coming

Kevin Thompson, the commission chair, seems absurdly concerned about APS filing for bankruptcy

This is for a monopoly worth $10 billion with $26 billion in assets, $5 billion in revenue, the second-highest median pay in the state, and a guaranteed profit margin of 9.8%. APS says this return on equity isn’t high enough and should be 10.7%!

Are we to fall for the misinformed fearmongering that thousands will die unless we pay APS the ransom?

A grave concern is that the rubber-stamp regulators have already fallen prey to the propaganda from the powerful monopolies and have consistently neglected consumer interests.

Don’t hold your breath for any meaningful ratepayer protection from this captured commission.

The seismic shock from the outrageous APS and TEP rate hikes, coupled with the critical LIHEAP lifeline to the most vulnerable being DOGE’d, will only serve as a deadly one-two punch.

Abhay Padgaonkar is a longtime consumer advocate who has served as an expert witness on behalf of ratepayers.

Electric utility lobbying efforts win big in 2025

Key Points: 
  • Electric utility companies had two bills passed to protect their financial assets in 2025
  • Companies like Arizona Public Service Co. have also donated huge amounts of money across Arizona
  • Some officials warn their financial influence could harm Arizonans

Arizona’s largest electricity provider notched two huge financial wins in the 2025 legislative session with last week’s approval of new laws by Democratic Gov. Katie Hobbs. 

The victories by Arizona Public Service Co. can largely be credited to the utility’s years-long efforts to curry favor with state officials and local politicians and community and business groups across the state. 

Earning that influence involves APS, or its corporate parent Pinnacle West Capital Corp., giving millions of dollars in donations to politicians, business groups and through the company’s well-organized community giving operation, which doles out money to a broad range of entities like food banks, schools and many others. 

Hobbs alone has benefited from at least $350,000 in Pinnacle West donations to special funds for her inaugural and legal bills. According to filings with the Arizona Secretary of State, the publicly traded company, worth nearly $11 billion, has donated to scores of sitting lawmakers’ political campaigns. 

The company is unapologetic about its role in the legislative process and in spreading around cash.

“We engage in the public policy process for the benefit of our customers, shareholders, employees, communities and other stakeholders,” said spokesman Mike Philipsen.

“We advocate for sound, forward-looking public policy that creates shared value for our business, our community and a vibrant Arizona economy,” he said. “We believe that this participation helps to create more robust and better-informed policy outcomes.”

The resulting good will from these contributions allows APS to mobilize support for its proposals in the Legislature and tap into a broad range of people and politicians outside the Capitol. 

And it paid off big last week. Hobbs signed a bill shielding APS from most lawsuits if its equipment sparks a wildfire and a second allowing it to issue bonds to pay itself for assets like old power plants it needs to sell at a loss.

Issuing bonds will mean a new, separate charge will be added to monthly bills paid by 1.4 million Arizona households or businesses. And the liability protection could save APS billions of dollars if a blaze its equipment sparks destroys a town like Prescott or Show Low. 

That lawsuit number isn’t speculation. Utilities in Hawaii, California and Oregon have paid out tens of billions of dollars to victims of wildfires in the past decade. Although Arizona has not had a similar event so far, APS was concerned it could be the next company to face a threat to its business in the event of a major wildfire. 

Both bills affect other regulated utilities, including Tucson Electric Power, public power providers like Salt River Project and smaller co-ops. They signed on in support and lobbied for the measures.

However, it was mainly APS that initially crafted the measures, garnered the support of the other utilities, and deployed its numerous lobbyists to sell them to lawmakers.

“It shows the kind of political influence they have,” said Sandy Bahr, director of the Sierra Club’s Grand Canyon chapter.

“It’s especially concerning, however, because of what they represent — they are a monopoly utility,” she said. “If we don’t like what they’re doing, how they’re spending our ratepayer dollars, we can’t just go somewhere else for our electricity unless we want to move.”

That leaves state oversight to regulate them.

“We rely on government entities to help hold them accountable – the Corporation Commission, the Legislature and the governor,” she said, “and that’s just not happening.”

Bahr, whose group joined many others in opposing the bills, said the regulated utility’s influence was readily apparent as the proposals moved through various hearings. She noted that, following one Senate committee hearing, there were so many utility lobbyists — most from APS — that she could hardly get through the hallway.

The first new law protects APS from most lawsuits if their power lines cause a fire, even if it obliterates a large town. Initially, the measure gave such sweeping protections from lawsuits that it almost certainly ran afoul of a provision in the state constitution that says lawmakers can’t limit the right to sue or recover damages. 

Class action lawsuits — where community members can band together to sue — would have been banned, and the right to recover for things like lost businesses or the use of a destroyed car would have been barred. And the level of proof needed to win a suit claiming a utility caused a fire would have been raised to near-unattainable levels. 

Minor changes in the House and a major Senate amendment restored many of those rights, but, as signed by the governor, APS still got a lot of what it wanted.

In exchange for creating and largely following a “Wildfire Mitigation Plan,” utilities get the assurance they can’t be sued for failing to take steps to shield the public from equipment-sparked wildfires. But the liability protections remain even if a utility doesn’t completely follow its own plan to minimize fire danger. 

“They are now protected from a lot of wildfire damage liability,” said Sen. Priya Sundareshan, D-Tucson, the Senate minority leader.

Sundareshan voted against House Bill 2201, the wildfire liability measure, but several minority Democrats joined with nearly all Senate Republicans in backing the measure. The same was true in the House, where most Democrats and almost all majority Republicans voted for the liability shield bill.

The bonding measure, called “securitization,” was sharply opposed by Senate Democrats and various health, environmental and consumer advocacy groups. That was mainly because APS wanted to sell their stake in the coal-fired Four Corners Power Plant in northwestern New Mexico rather than shutting down the polluting plant, operated by APS but owned by a consortium that includes APS, a company owned by the Navajo Nation, SRP and Tucson Electric Power.

The plant was supposed to be closed by APS in 2031, but with the securitization law in place, it gives the owners the ability to sell it at a loss, recover their investments through bonds paid by ratepayers and allow the new owners to keep running it.

“This plays into Trump’s coal agenda,” Sundareshan said in an interview before Hobbs approved the measure. She pointed to executive orders signed by the president that encourage continued use of coal and could lead to the restarting of old, polluting coal plants in Arizona and beyond.

“Why should we enable actions that support Trump’s coal agenda?” she asked.

All Senate Democrats opposed the bonding measure, but it earned unanimous support from GOP senators. In the House, all 35 Republicans voted yes along with 10 of 25 Democrats. 

The coalition opposed to the securitization bill — usually aligned with Hobbs — issued a blistering news release after the Democrat signed the measure.

“HB2679 saddles Arizona families with the cost of bad corporate decisions, keeps outdated coal plants running, and offers zero transition support to impacted communities,” JoAnna Mendoza of VetsForward wrote in the news release. “Our communities deserve cleaner air, not corporate bailouts disguised as policy.”

And, in a clear slap at the governor, she said, “Leadership means standing up to powerful interests, not bending to them.”

In addition to the lack of a requirement for plants to be shut down if utility customers are forced to pay off bonds, opponents are concerned that utilities can use bonds for unlimited reasons.

“The bill will benefit Arizona’s largest monopoly electric utilities — APS, TEP, and SRP — to the detriment of ratepayers,” the news release said.

Hobbs issued a lengthy defense of her decision to sign the bill giving utilities the right to issue bonds their customers would pay off. She said she acted to help constituents who complained about high power prices and negotiated with lawmakers to address concerns raised by the opposing groups.

“That’s why I stepped in and fought to make HB2679 a common sense, middle of the road solution for Arizona families,” she said.

“HB2679 will lower costs for everyday Arizonans, improve grid resiliency by growing our energy economy, and ensure utilities are being held accountable to deliver cost savings to Arizonans,” Hobbs continued. “I heard the concerns from clean energy and consumer protection advocates who opposed the original version of this bill, and I made it better.”

Bahr, the Sierra Club’s Arizona director, said the wildfire liability bill and the bonding measure showed just how powerful APS is in the state.

“It is concerning that they are able to spread dollars around in such a way that they’re able to snap their fingers and everyone comes running,” Bahr said. “And that’s on top of being able to have an army of lobbyists to work the bills.”

Philipsen, asked earlier about the utility’s efforts to pass the bills, defended its actions.

“We routinely work with elected representatives to advocate for legislation that impacts APS, our customers or our rates,” Philipsen wrote.

But Bahr called the utility’s ability to get what it wants “really disturbing.”

“I don’t know how to rein them in,” she said. “If the Corporation Commission isn’t going to do it, the governor isn’t; I guess it’s up to the attorney general because the other branches are just not doing it.”

Corp Comm upholds contentious APS solar charge

The Arizona Corporation Commission reaffirmed its decision to allow Arizona Public Service to impose a grid access charge on customers who use residential solar energy, despite solar advocates calling the charge discriminatory.

Commissioners voted three to one to uphold the charge, known as a “GAC,” with Republican Commissioner Lea Marquez Peterson absent from the vote due to a personal emergency. 

The GAC was included in APS’ most recent rate case. Solar advocates asked the commission to reconsider its decision to include the GAC and the regulatory body held a rehearing on the issue near the end of October. 

After over a week of rehearing testimony, administrative law judge Belinda Martin said the commission has full discretion over whether to implement the GAC. In a recommended order to the commission, Martin found that the GAC was not discriminatory to solar customers but that not including it would not be discriminatory to non-solar customers. 

APS said imposing the GAC allows it to recoup the cost it takes to serve residential solar customers. Without a GAC, those extra costs would fall to non-solar customers, according to the company. 

The three Republican commissioners who voted for the charge said they were concerned about the potential costs to non-solar customers if solar customers are not paying their fair share

“I hope we can all agree that all costs related to providing service should be equitably distributed to each class of service,” said Commissioner Kevin Thompson. “But I haven’t heard anything here today or in prior proceedings that disputes inequity exists.”

Groups like Vote Solar and the Arizona Solar Energy Industries Association were joined by state entities like the Residential Utility Consumer Office and the Attorney General’s office in opposing the GAC. The intervenors argued that there was no evidence that solar customers cost more for utility companies to service, and argued that solar customers help reduce costs for companies by providing excess solar energy to the grid. 

Commission Chairman Jim O’Connor went a step further while explaining his vote to uphold the GAC by warning homeowners to be cautious when considering solar energy.

“I would ask homeowners considering solar to do their homework,” O’Connor said. “Solar is a very viable option, but it is not exclusive in its current stand alone capabilities to provide for all [of] a home’s power needs 24/7, 365 days a year.”

Commissioner Anna Tovar, the lone Democrat on the commission, cast the only vote against the GAC, saying she agreed with the intervenors that it is discriminatory.

“This unwarranted charge may have the effect of causing customers not to adopt solar,” Tovar said during the hearing.

Autumn Johnson, an attorney with AriSEIA who participated in the rehearing, said the decision was unsurprising to the parties involved but still misguided. Johnson said many aspects of the hearing “indicated it was a foregone conclusion, and probably our time would have been better spent this entire year on appeal.”

She said details of an appeal are to be determined, but she is certain that at least a few of the intervenors will file to the Court of Appeals sometime next year. The parties must wait for the order on the GAC to be filed before they can move forward with an appeal.

“I think that [the commission’s] decision is arbitrary and capricious and an abuse of discretion and that they have a very strong likelihood of losing on appeal,” Johnson said. 

The Hidden Power of the Arizona Corporation Commission: Why Your Vote Matters

There are a lot of really important issues on your ballot this fall. But it is not just the presidential candidates and the ballot propositions that you need to pay attention to. The Arizona Corporation Commission (ACC) also has three out of its five members up for a vote in November. The ACC is the body that regulates water, gas, and electric utilities in Arizona. A five-member body sets the rates you pay to your monopoly utility every month. They are also in charge of energy policy in Arizona, meaning they decide if we keep using fossil fuels or transition to clean energy.

Autumn Johnson

If you get electricity from Arizona Public Service (APS), Tucson Electric Power (TEP), Unisource, or a rural cooperative, the ACC impacts you. If you get gas from Southwest Gas, the ACC matters to you. If you get water from Global Water, EPCOR, Liberty, or any of these hundreds of companies, the ACC impacts you. If you have or ever hope to have solar panels, an electric vehicle, or an energy-efficient home, the ACC impacts you. If you are concerned about Arizona’s air quality or whether or not we will run out of water, the ACC impacts you.

Just since the last election, the ACC has made important decisions on rates for TEP, APS, Unisource, and Southwest Gas. They voted to prevent community solar from developing in Arizona. They have increased fixed fees on solar customers and decreased the value of the solar those same customers sell back to the grid. They have curtailed several energy efficiency programs. They have also voted to repeal renewable energy and energy efficiency requirements. Solar and energy efficiency are the only ways customers can meaningfully reduce their electric bills. Renewable energy uses less water than fossil fuels and does not contribute to air pollution.

Candidates for the ACC run statewide, meaning there are no districts, so all voters will have the same choices. You will find this race after other statewide and legislative candidates, but before judges and ballot propositions. You should vote for three, not just one, like a lot of other races. A lot of people that fill out a ballot just skip this race. That is because a lot of people do not know what the ACC is, think it only has to do with “corporations,” and do not realize that three people (because simple majority rules) decide nearly everything about electric, water, and gas utilities in the State. 57,000 votes was the difference between winning this election in 2022 and losing. That means your vote matters. And nearly 100,000 people who voted in the 2022 gubernatorial race did not vote in the ACC race.

Six candidates are running for three seats. All of these candidates have websites and social media. In alphabetical order, they are: Ylenia Aguilar (D) (website and social), Jonathon Hill (D) (website and social), Rene Lopez (R) (website and social), Lea Marquez Peterson (R) (website and social), Joshua Polacheck (D) (website and social), and Rachel Walden (R) (website and social). Only Marquez Peterson is an incumbent.

Ballots are mailed out on October 9th. You can request a mail-in ballot until October 25th. You need to mail back your ballot by October 29th. The last day to vote in-person, early is November 1st. Election day is November 5th and polls are open 6am-7pm. Get all of your voting info at the Secretary of State’s website. The ballot is going to be long this year, but take your time and complete all of it. Research the candidates. If you are voting from home, you have a lot of time to review the voter guides, candidate websites, and candidate social media accounts. If you are voting in person, plan ahead. The ACC race impacts you.

Autumn Johnson is the Executive Director of the Arizona Solar Energy Industries Association.

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