• Arizona
  • Thursday , Feb 1 , 2018

Area Info

San Tan Valley Area Information

3 minutes reading time (681 words)

ACC Approves Order to Show Cause to Appoint Interim Manager for Johnson Utilities

ACC Approves Order to Show Cause to Appoint Interim Manager for Johnson Utilities

With a vote of 5-0, the Arizona Corporation Commission approved agenda item 1 which read:

  • In the matter of the Commission’s Investigation of the Billing and Water Quality Issues of Johnson Utilities, LLC (WS-02987A-18-0050): Commission consideration, discussion, and possible vote regarding Staff’s Application for an Order to Show Cause.

Staff made sure to clarify that the action taken by the Commissioners during the Open Meeting does not place an interim manager today, but allows the motion to move forward and be presented to an Administrative Law Judge where he/she will recommend an opinion that the Commission will later vote on.

Staff also pointed out that the public comments made during the six hearings held in San Tan Valley in February, are not necessarily part of the upcoming case. In order for comments to become part of the testimony, customers may choose to intervene in the case, allowing their testimony to be included as they participate in the hearing. Intervention allows for testimony to be considered by the Judge and the Commission.  

[Complaints along with documentation can be submitted to the ACC here. Be sure to include Docket # :WS-02987A-18-0050

[Second Day of Hearings Can be Watched Here]

Now that the motion has been approved, Johnson Utilities has until March 26th to respond and a hearing is scheduled for March 29, 2018 at 10 a.m.

[Listen to ACC Open Meeting Here

[READ A SAMPLE RESIDENTIAL CUSTOMER INTERVENTION REQUEST]

What is the difference between being an intervenor and providing “public comment”?

An intervenor is a party to a case, with all the rights and responsibilities that entails (See What does it mean to be an intervenor?): ...that entails. . A person providing public comment is not a party to a case and does not have those rights and responsibilities.

A person who does not desire to intervene, or who is ineligible to intervene, still has an opportunity to provide the Commission information about a case, by providing oral or written public comment or both.

Public comment, whether made in person or in writing, becomes part of the official docketed record of the case. Public comment is not admitted as evidence, however, and is not afforded the weight of sworn testimony because public commenters are not under oath and are not subject to cross examination. Nonetheless, all public comment received is considered by the ALJ and the Commission when considering a case.

A person who is not an intervenor can attend hearings to observe and to provide public comment at the time allotted, but cannot provide any testimony or other evidence or participate in the questioning of witnesses. To be permitted to question witnesses and provide evidence on the record, a person must file a request to intervene and be granted intervenor status (i.e., party status).

What does it mean to be an intervenor?

An intervenor is a party to the case, just like the utility, Staff, and any other party of record. Party status comes with both rights and responsibilities.

It provides the right:

  • to participate in discovery to learn about other parties’ cases
  • to present evidence, through witnesses and/or documents
  • to cross-examine other parties’ witnesses
  • to file Exceptions to a Recommended Opinion and Order (the ALJ’s order)
  • to request rehearing of a Commission Decision
  • to appeal a Commission Decision

It creates the responsibility:

  • to participate in discovery so that other parties can learn about your case
  • to attend and participate in all proceedings (procedural conferences, prehearing conferences, the hearing, and the Open Meeting at which the Commission discusses the ALJ’s order)
  • to make all required filings and serve the other parties with all filings you make
  • to have your witnesses subjected to cross-examination
  • to comply with the Commission’s rules for practice and procedure and with all Procedural Orders

Procedural Order filed at 2:38 p.m. March 16, 2018.

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