Pursuant to Rule 5.2 of the Arizona Corporation Commission Code of Ethics, any attendee that represents an industry or public service corporation whose interests could be affected by a Commission decision, and whose intent is to influence a Commission decision, legislation, policy, or rulemaking, must be registered as a lobbyist with the Commission prior to communicating or attempting to communicate with the Commissioner.
Pursuant to Rule 7.3 of the Arizona Corporation Commission Code of Ethics and Arizona Administrative Code R14-3-113 regarding ex parte communications, public service corporations, lobbyists, and any party to a pending proceeding that has been set for a public hearing shall not knowingly make, initiate, or participate in or receive any communication to or from the Commissioner not made on the public record that concerns the substantive merits of the proceeding.
Comment: The ex parte rule similarly applies to communications to or from agents of the Commissioner involved in the decision-making process, such as the Commissioner’s policy advisors and interns. The ex parte rule does not prohibit discussions about procedural matters or comments from the public. For example, Commissioners can communicate or inquire about scheduling issues, docket filing issues, or other case administration issues, without violating the ex parte rule.