News Release: From the Office of Commissioner Sandra D. Kennedy

  For Immediate Release | 4-26-19      
  Media Contact | Holly Ward      
  Direct | 602-542-3847      
  Email |      

Commissioner Kennedy proposes moving PURPA-related evidentiary hearing

My vote against Commissioner Andy Tobin's Public Utility Regulatory Policies Act (PURPA) related amendment at the April 24, 2019, Open Meeting was predicated on the lack of due process. If the Commission had voted to approve his amendment regarding the length of PURPA contracts without testimony under oath, it could have been challenged in court because there was no record developed through an evidentiary hearing that would provide Commissioners the necessary evidence upon which to base their decisions.

Commissioner Tobin had prepared the PURPA-related agenda item because the evidentiary hearing regarding certain PURPA tariff changes for Arizona Public Service Company, Tucson Electric Power and UNS Electric, has been scheduled for November 2019. Previously, when Commissioners Olson, Tobin, and Chairman Burns had expressed frustration with the November hearing date and requested it be held sooner, such requests did not result in a change in the hearing date.

I have now docketed a letter requesting the Chairman to place on the next Staff meeting agenda, a discussion and possible vote by the Commission on moving the evidentiary hearing to June 13, 2019. If this request is approved, the evidentiary hearing will occur several months earlier than the original November date, and then the Commission can make its decision based on due process and a robust record.

Link to Commissioner Kennedy's letter:

All items related to this agenda item can be found in the Corporation Commission's online docket at and entering docket number E-00000Q-19-0015 and docket number E-01345A-16-0272.
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About Commissioner Kennedy:

Sandra D. Kennedy was re-elected to the Corporation Commission in 2018 on a platform of restoring integrity to the Commission, lowering unjustified utility rate increases, and creating more solar and renewable energy in Arizona, especially roof top solar. Commissioner Kennedy was first elected to the Arizona Corporation Commission in 2008 on a platform of promoting solar energy in Arizona, and as a fierce consumer advocate. She started her public service when she was elected to the Arizona House of Representatives in November 1986, where she served for six years before successfully becoming a state senator in 1992. She served three terms as State Senator. Sandra was also elected to serve on the Phoenix Union High School Governing Board for a four-year term in 1990, serving concurrently with her last term in the Arizona House and her first term in the State Senate.

The Arizona Corporation Commission was established by the state's constitution to regulate public utilities and business incorporation. The Corporation Commission is Arizona's co-equal, fourth branch of government. 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