
Arizona’s Constitution is clear. The Arizona Corporation Commission was designed to operate as an independent, elected body with exclusive authority over utility ratemaking. That independence exists to ensure decisions affecting millions of ratepayers are made through evidence, due process, and transparency, rather than political pressure.
That balance is increasingly being tested.
Over the past year, Attorney General Kris Mayes has repeatedly used her office to challenge actions of the commission in a pattern that raises serious concerns about the use of legal authority as a political tool for lawfare rather than a measured exercise of oversight.
Consider the breadth of recent actions.
The attorney general challenged the commission’s approval of an Annual Rate Adjustment Mechanism for UNS Gas, targeting a ratemaking tool that falls squarely within the commission’s constitutional authority under Article 15 of the Arizona Constitution.
Disagreements over rate design are not unusual but elevating them into legal challenges aimed at overturning commission authority is something different entirely.
The same pattern appears in the challenge to Tucson Electric Power’s energy service agreement tied to a major data center project. That agreement was structured specifically to ensure that the data center pays its own costs rather than shifting burdens to existing customers. Yet the attorney general sought to invalidate the decision, despite the consumer protections embedded within it.
At the same time, the attorney general has taken aggressive positions in Arizona Public Service and Tucson Electric Power matters more broadly, intervening in ways that go beyond traditional legal participation and into sustained public opposition to commission proceedings.
From litigation over the repeal of the Renewable Energy Standard and Tariff rules to repeated challenges across multiple utility proceedings, the attorney general has demonstrated a willingness to escalate nearly every major commission decision into a legal or public dispute.
That is where her actions become more concerning.
Arizona law is explicit that public resources and authority may not be used for campaign purposes. Under A.R.S. § 41-752, public resources cannot be used to influence the outcomes of elections, and A.R.S. § 41-193(A)(2) defines the attorney general’s role as providing legal services to the state, not advancing political objectives. Additionally, Arizona’s conflict of interest and public office statutes reinforce that public power must be exercised for public purposes, not personal or political gain.
No one is suggesting that the attorney general should remain silent. Legal challenges, when grounded in clear violations of law, are appropriate.
But a pattern of selective, high-profile litigation combined with public messaging that mirrors campaign rhetoric raises legitimate questions about whether that line is being crossed. There is little doubt the lawsuits amount to lawfare, not advocacy for consumers or utilities.
This concern is heightened by the fact that the attorney general previously served as a member of the Arizona Corporation Commission and understands firsthand the constitutional boundaries of ratemaking authority. That experience makes the repeated challenges to that authority all the more difficult to reconcile.
The consequences are real.
When nearly every major decision is met with legal challenge, regulatory certainty erodes. Investment decisions become more difficult. Infrastructure projects face delays. Arizona’s reputation for stability is weakened. Ultimately, those impacts are borne by ratepayers.
Equally concerning is how these actions are communicated.
Complex regulatory decisions are reduced to simplified, often alarmist claims. Nuanced policy debates are reframed as clear-cut wrongdoing. That approach may generate headlines, but it does not improve outcomes for Arizona families or businesses.
Arizona’s system was designed to balance independence with accountability. That balance depends on each constitutional office respecting its role.
If the line between lawful oversight and political use of office is being blurred, that is not a question that should be left to speculation. It is appropriate for the relevant ethics authorities or oversight bodies to review whether the powers of the office are being exercised consistently with Arizona law and longstanding principles of good governance.
The Corporation Commission must continue to make decisions based on the record and the law. The attorney general must ensure those decisions comply with the law, not relitigate policy disagreements through repeated public challenges.
Oversight is essential. But when it becomes constant, highly public, and indistinguishable from political positioning, it erodes public trust. It ceases to be oversight.
It becomes overreach.
Nick Myers is chairman of the Arizona Corporation Commission.






