From the Office of Commissioner Bob Burns  
  News Release      
  For Immediate Release | 1-19-18      
  Media Contact | Holly Ward      
  Direct | 602-542-3847      
  E-Mail |      
Commissioner Burns offers clarification to APS complaints

PHOENIX —  In a letter to all Arizona Legislators, Commissioner Bob Burns moves to clarify the Arizona Corporation Commission’s process for two recent dockets related to Arizona Public Service (APS). Commissioner Burns states that he has been approached by several Legislators questioning the process and his letter is an effort to clear any confusion.

The letter, sent January 18, describes the process the Corporation Commission and its Commissioners will follow for two, separate dockets. The first docket number, E-01345A-18-0002, is a complaint filed per Arizona Revised Statute 40-246 which provides “that the ACC shall entertain a complaint against an ACC-regulated utility regarding the reasonableness of that utility’s rates and charges if the complaint is signed by at least 25 consumers or prospective consumers of that utility,” Burns writes. The Commissioner goes on to explain the process that will happen next, including the possibility of a procedural conference and/or a hearing by an Administrative Law Judge.

The second docket number, E-01345A-18-0003, is the APS Income Tax Docket. Commissioner Burns points out, “the Settlement Agreement in the recent APS rate case contained a provision for adjusting APS’s rates if there were a significant change to federal income tax rates,” he writes. “Because this portion of the Settlement Agreement was approved by the ACC, APS was required to file the application (APS Income Tax Docket) to reduce its rates, which APS filed on January 8, 2018.”

“The goal of this letter is to clearly explain the process,” said Burns. “If and when these items come before the Commissioners for a decision the Commissioners could approve the Recommended Orders as written, the Commissioners could reject them, or the Commissioners could approve them with modifications. I have not decided how I will vote with regard to these two applications until I have had a chance to review all the evidence that will be thoroughly discussed and presented to the Commissioners.”

Commissioner Burns’ letter was addressed to the Arizona State Senate President, Speaker of the Arizona House of Representatives, and all members of the Arizona State Legislature. Find a copy of Commissioner Burns’ letter in Docket E-01345A-18-0003.

Direct link to Commissioner Burns’ letter:


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The Arizona Corporation Commission was established by the state’s constitution to regulate public utilities and business incorporation. The five Commissioners elected to the Corporation Commission oversee executive, legislative, and judicial proceedings on behalf of Arizonans when it comes to their water, electricity, telephone, and natural gas resources as well as the regulation of securities, pipeline, and railroad safety. To learn more about the Arizona Corporation Commission and its Commissioners, visit