• Arizona
  • Thursday , Feb 1 , 2018
Appeals Court Confirms ACC Has Authority to Appoint Interim Manager

Appeals Court Confirms ACC Has Authority to Appoint Interim Manager

Star InactiveStar InactiveStar InactiveStar InactiveStar Inactive
 

Johnson Utilities L.L.C. had filed a motion seeking special action relief from the Arizona Corporation Commission’s order appointing a third-party interim manager (EPCPR) to conduct Johnson Utilities’ operations. It argued that "the Commission lacked authority to interfere with the internal management of a public service corporation, and therefore that the Commission lacked jurisdiction to issue the interim management order".

Judges Peter B. Swann, Kenton D. Jones and Judge David D. Weinzweig however disagreed.

"Both the Commission’s broad ratemaking power under Ariz. Const. art. 15, § 3, and its statutorily delegated power to determine a “just” remedy for “inadequate” publicutility equipment, facilities, or services under A.R.S. § 40-321(A), provide the Commission with sufficient authority to impose an interim manager under appropriate circumstances," they stated in their order.

The March 7, 2019 decision also states "It is for the superior court, however, to decide whether the circumstances in this case supported the Commission’s authority to issue the interim management order".

The decision states, "Subject to the substantive limitations of the managerial interference doctrine, both Ariz. Const. art. 15, § 3, and A.R.S. § 40-321(A) provide the Commission jurisdiction to impose an interim manager for a public service corporation."

Read the full decision here.

Tags:

Partners

Advertise your business to hundreds of thousands of potential customers, while supporting your local news resource at the same time. Our Partners help us provide you with services and information to help keep you informed.

Become A Partner

Follow Us

0
Our San Tan Valley Community Keeps Growing!

San Tan Valley News

Twitter Feed

TRAFFIC ALERT from @PinalCSO Arizona Farms Rd. and Hwy 79 closed for the next several hours due to vehicle collis… https://t.co/9YdsifPStH
Reducing capacity to 50% or less at restaurants is @dougducey latest request to help #slowthespread #covid19
Safer at home. If not home you're safer outside, and if not outside safer where there are few people. @dougducey #maskupaz

About SanTanValley.com

About SanTanValley.com

Search