Corporation commissioner, legislator file brief on Goldwater lawsuit
Arizona Corporation Commission member Gary Pierce and Arizona Rep. Kirk Adams have filed their own brief in a lawsuit filed by the Goldwater Institute regarding a fee established for alternative energy.
Pierce and Adams filed the brief Wednesday, arguing that the ACC staff’s response was inappropriate in defending the commission’s role in allowing Arizona Public Service Co. to collect a Renewable Energy Standard and Tariff on all utility bills.
Goldwater sued the commission in June, saying the board does not have the authority to approve such fees faxless cash advance. That power rests with the legislature, Goldwater said. ACC staff, in their response, said authority for the tariff was granted under the commission’s ability to levy rates.
Pierce and Adams, in their brief, argue that both positions are extreme, and that instead the commission has the right to set such standards under its non-ratemaking constitutional authority.
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