| ACC Commissioner Bob Burns to Hire Attorney |
ACC Commissioner Bob Burns to Hire Attorney
By Howard Fischer, Capitol Media Services | PHOENIX -- The showdown between Arizona Public Service and a state utility regulator over its records has been put off while Bob Burns shops for an attorney. Burns said Thursday he reached a deal of sorts with the power company to give it and its parent, Pinnacle West Capital Corp., more time to produce all the documents he subpoenaed. That also puts off Burns' demand that Don Brandt, the chief executive of both companies, submit to questioning under oath next month about political donations and other financial matters. But Burns said he is getting something out of the deal, too: time to find and hire an attorney. Burns had thought when he issued the subpoena last month he would have legal help in deciphering the documents he demanded. But those plans fell through when the other commissioners vetoed his plans to hire outside counsel. It was only last week -- after APS and Pinnacle West sued to quash the subpoena -- that the other regulators reversed course and agreed to let him bring on legal help to defend that lawsuit. "I'm off trying to hire a lawyer,'' Burns told Capitol Media Services on Thursday. He said that is proving more difficult than he thought. Part of the issue is that any attorney cannot work for a firm which handles legal matters for either APS or Pinnacle West. But Burns may also be hobbled by the fact that the full commission could pull the plug at any time. In giving Burns the go-ahead, the other regulators said they did not want the fight with the state's largest electric utility over its books to become a financial drain. Commission Chairman Doug Little said the utility has suggested it would go all the way to the U.S. Supreme Court to defend what it says is its First Amendment right not to disclose its political donations. And he openly worried the state could be on the hook for not just a seven-digit fee for its own attorney but also the cost of the APS legal team if it won. In the end, the panel did not put a limit on how much Burns can spend. But they did agree to the proposal by Andy Tobin to allow the commission to review the contract -- and pull the plug -- if the litigation drags on or a trial judge rules against Burns. Burns is focusing on APS and Pinnacle West after a spokesman refused to deny that either was the source of some of the $3.2 million in anonymous donations that went into the 2014 election of Little and fellow Republican Tom Forese. He contends the public is entitled to know not only whether funds from ratepayers were used to influence the election -- a contention the utility denies even as it won't talk about its donations -- but the role of the companies in electing people charged with regulating utility rates. In a formal legal opinion earlier this year, Attorney General Mark Brnovich said individual commission members have a legal right to question any investor-owned regulated utility -- about whether it secretly funneled money into political campaigns. Brnovich said Arizona law lets commissioners and their employees to "at any time, inspect the accounts, books, papers and documents'' of any regulated utility. He said that includes political contributions, charitable donations and lobbying expenses. He also said commissioners may examine utility company officers and employees under oath. Burns originally set a deadline of Sept. 15 for production of the documents. He said the companies did drop off some records. "They only brought us public documents,'' he said, things like annual reports which are available to anyone. The company has agreed to produce some other papers from APS, but only if Burns signs an agreement to keep them confidential. But it has made clear that it intends to fight handing over some documents, particularly those from Pinnacle West. In filing suit, Mary O'Grady, attorney for the companies said there is no reason the commission needs the information, saying the money used for those expenses is not passed on to APS customers in the form of higher races. In a separate filing with the commission, APS Vice President Barbara Lockwood said Burns is improperly harassing the companies. She also claimed that Burns has a political motive in issuing the subpoena, pointing out he is running for reelection in November and even refers on his campaign web site to "my battle with APS.'' |
Posted: Saturday, September 24, 2016 7:00 pm