Phoenix, Ariz. – Commissioner Walden joined her fellow Commissioners in congratulating Mark Christie to his confirmation as Chairman to the Federal Energy Regulatory Commission (FERC). Chairman Christie was named by President Trump to be Chairman of the Federal Energy Regulatory Commission on January 20, 2025.

The Flagstaff Ranch Water Company agenda item prompted lively discussions on Walden Amendment #1 for docket W-02502A-22-0324, concerning the acquisition of a rural water company in Yavapai County. The Commissioner’s amendment disallowed retroactive approval of 18 cellular phone antennas attached to a water tank without prior approval. The law is clear. Infrastructure is paid for by ratepayers and therefore requires prior approval for any alterations to those assets. Structural integrity concerns were raised by the Commission’s lead engineer, but no test results have been provided to the Commission as part of the review. Parties threatened that the acquisition was in jeopardy if Commissioner Walden’s amendment passed.

The amendment failed to pass on a 2-3 vote and thus Commissioner Walden voted No on the Recommended Order and Opinion. The Commissioner stands firm on her belief that retroactive approvals inappropriately signal to utilities that the Commission will overlook these types of unacceptable practices simply by asking for forgiveness. “The integrity of my vote cannot be compromised by threats and coercion,” Commissioner Walden said. “It is not incumbent upon the Commission to retroactively approve illegal assets in order to support mergers or acquisitions.” Commissioner Walden also objected that 100% of the revenue generated from the cell phone towers did not benefit the rate payer. Over half of the lease proceeds benefitted the owners who will continue to receive passive income.

Commissioner Walden continues to fully support the consolidation of small, troubled water companies by better capitalized entities, as her voting record has demonstrated.

For more information contact Commissioner Walden’s office at Walden-Web@azcc.gov