Title 30 — Power

A person who is denied licensure or registration under article 2 of this chapter or who is denied an exception from licensure or registration under article 2 of this chapter may appeal the denial by making a written request for a hearing pursuant to title 41, chapter 6, article 1…

A. The director may assess a civil penalty against a person that violates this chapter or a rule adopted pursuant to this chapter in an amount not to exceed five thousand dollars for each violation. Each day a violation occurs constitutes a separate violation. The maximum amount …

A. If the director finds that the public health, safety or welfare imperatively requires emergency action and incorporates a finding to that effect in an order, the director may: 1. Order the summary suspension of a license pending proceedings for revocation or another action. Th…

A. Any person who violates any provision of this chapter or any rule, regulation or order placed in effect pursuant thereto by the commission is guilty of a class 2 misdemeanor. B. The provisions of subsection A shall not apply to any emergency regulation or order unless or until…

A. In this article, "radioactive waste material" means any residue remaining after the processing of source material. B. Notwithstanding any other provisions of this article, no license shall be granted for disposing of any radioactive waste material that originated as waste from…

A. Any site used for the concentration and storage or disposal of radioactive waste material shall represent a continuing and perpetual responsibility in the interests of the public health, safety and general welfare, and shall ultimately be reposed in the state without regard fo…

A. Each licensee, as a condition of its license, shall: 1. Arrange for and pay all of the costs of management, control, stabilization and disposal of the licensed activity and tailings and for decommissioning the licensed activity. 2. On the termination of all licensed activities…

A. A special fund called the radiation regulatory and perpetual care fund is established in which the department shall deposit all sums and collateral received by it pursuant to sections 30-692, 30-693 and 30-695, which shall be held in trust for carrying out the purposes of this…

A. If there is a possibility that any licensed activity will result in radioactive waste materials that will require maintenance, surveillance or other care on a continuing or perpetual basis after termination of the licensed activity or will require decommissioning activity, the…

A. The department, with the assistance of appropriate state agencies, shall review the radioactive materials license application. The review shall document, at a minimum: 1. Alternatives considered for the siting of any uranium milling or mill tailings disposal facilities. 2. Alt…

The western interstate nuclear compact is hereby entered into and enacted into law as follows: WESTERN INTERSTATE NUCLEAR COMPACT ARTICLE I. Policy and Purpose The party states recognize that the proper employment of scientific and technological discoveries and advances in nuclea…

The member of the western interstate nuclear board or its successor agency representing the state of Arizona shall be appointed by the governor. The member shall be an employee of the state of Arizona and shall report directly to the governor and the department. The member, with …

Pursuant to article II, paragraph (j) of the compact, the western interstate nuclear board shall file copies of its bylaws and any amendments thereto with the secretary of state.

The provisions of title 23, chapter 6 shall be applicable and any benefits payable thereunder shall be payable to any persons dispatched to another state pursuant to article VI of the compact. If the aiding personnel are officers or employees of subdivisions of this state, they s…

Payment of funds to the western interstate nuclear board or its successor agency, as provided in article III, paragraph (b) of the compact, shall be from the appropriations to the office of the governor.

The southwestern low-level radioactive waste disposal compact is adopted and enacted into law as follows: Article 1. Compact Policy and Formation The party states hereby find and declare all of the following: (A) The United States Congress, by enacting the low-level radioactive w…

A. The department is designated as the agency responsible for performing any administrative and enforcement duties assigned to this state by the southwestern low-level radioactive waste disposal compact, except those duties specifically assigned to the governor. B. The payment of…

1. "Electricity" or "electric service" means electric energy, electric capacity or electric capacity and energy. 2. "Public power entity": (a) Means any municipal corporation, city, town or other political subdivision that is organized under state law, that generates, transmits, …

[Repealed or reserved.]

1. Deceptive, unfair and abusive business practices, including deposit requirements and reconnection fees. 2. Intrusive and abusive marketing practices. 3. Deceptive or untrue advertising practices. 4. Practices prohibited under section 30-806, subsection C. B. If a public power …

This chapter does not alter the existing system of determining electric distribution service territories through certificates of convenience and necessity, official actions of public power entities or contracts or agreements among electric distribution utilities or the manner of …

B. Notwithstanding any other law, records and proceedings relating to competitive activity, including trade secrets or privileged or confidential commercial or financial information, if disclosure of the information could give a material advantage to another entity, are not open …

A. Except as provided in subsection B of this section, during the initial construction of a residential structure, electric and natural gas facilities at a minimum shall be installed in and to the structure in a manner that provides the retail energy consumer ultimately residing …

A. After any final order or decision is made by the governing body of the public power entity in the course of a ratemaking or rate design process, any person or the attorney general on behalf of this state may apply for a rehearing of any matter determined in the action or proce…

A. Any person, or the attorney general on behalf of this state, who is dissatisfied with an order or decision of the governing body of the public power entity made in the course of a ratemaking or rate design process, within thirty days after a rehearing is denied or deemed denie…

A. The attorney general on behalf of this state or any person that is dissatisfied with any order or decision of the governing body of the public power entity made in the course of a ratemaking or rate design process may file, within thirty days after a rehearing is denied or dee…

1. Includes terms, conditions and limitations, including a minimum qualifying load and a maximum amount of program participation. 2. Is structured to maintain system reliability and to avoid a cost shift to nonparticipating customers. B. For the purposes of this section, "buy-thr…

B. For the purposes of this section, "electromagnetic pulse" has the same meaning prescribed in section 26-305.03.

1. "Attachor" means any cable television system or provider of telecommunications or broadband communication services that owns or operates equipment that is attached to a pole, duct or conduit or that is otherwise located within a right-of-way that is owned or controlled by a pu…

B. Except as otherwise agreed to in writing or established by federal law, this chapter establishes the exclusive means of recovery from a public power entity for claims or damages that result from wildfires. C. This chapter does not establish any additional legal duty that suppo…

B. The governing body shall review the submitted wildfire mitigation plan to ensure that the wildfire mitigation plan: 1. Complies with this chapter and all applicable rules and regulations. 2. Is reasonable. 3. Is in the public interest. C. The wildfire mitigation plan is deemed…

B. Notwithstanding subsection A of this section, a public power entity that engages in wilful, intentional or reckless misconduct that causes a wildfire is deemed to not meet the standard of care for a reasonably prudent public power entity. A failure to comply with an approved w…

In this chapter, unless the context otherwise requires: 1. "Ancillary agreement" means any of the following: (a) A bond. (b) An insurance policy. (c) A letter of credit. (d) A reserve account. (e) An interest rate lock or swap arrangement. (f) A hedging arrangement. (g) A liquidi…

A. It is the public policy of this state to gain the benefits of securitization by establishing irrevocable financing charges that are payable to a qualified special purpose entity and by creating and vesting in the qualified special purpose entity a present and alienable propert…

A. A public power entity may initiate a securitization transaction by providing public notice of the public power entity's intent to adopt a financing resolution. The public notice shall identify the date, time and location of the public meeting of the governing body, which shall…

A. Transition property is immediately created by operation of law on the latter of the approval of a financing resolution, the creation and capitalization of a qualified special purpose entity and the issuance and receipt of value for the applicable transition bonds. Transition p…

A. After approval of a financing resolution pursuant to section 30-1003, a qualified special purpose entity is authorized to issue one or more series, classes or tranches of transition bonds and to pledge transition property to secure the payment of ongoing financing costs. On is…

A. This section applies to all purported transfers of, grants of liens on, or security interests in transition property. Except as otherwise provided in this section, the creation, perfection and enforcement of a security interest in transition property that is pledged to secure …

A. Financing charges are nonbypassable, are mandatory and apply to all customers. Financing revenues shall be used solely for the payment of ongoing financing costs. B. The true-up mechanism shall correct for any overcollection or undercollection of financing revenues and provide…

A. If a servicer is a public power entity, the public power entity shall use its resources and systems to perform the duties of a servicer under a transition billing services tariff. B. If a servicer collects payment made by a customer for financing charges, whether under a trans…

A. On or after the issuance of transition bonds, the transition property, the true-up mechanism and the financing charges are irrevocable, final, nondiscretionary and effective without the need for further action by the governing body or this state, and such financing charges sha…

A. A party to the proceeding who is dissatisfied with a governing body's decision as to a financing resolution adopted pursuant to this chapter or the attorney general on behalf of this state may apply to the governing body for rehearing. The application for rehearing shall be fi…

Financing charges are not subject to either: 1. A franchise fee that is imposed by a municipality, county or other local government unit as a result of a franchise agreement or lawful ordinance. 2. Taxes that are applicable to services provided by or rates of a public power entit…

A. Transition bonds are not a public debt, a lien nor a pledge of the revenues, faith and credit or taxing power of a public power entity, this state or any county, municipality or other local government unit of this state. The approval of a financing resolution does not obligate…

Transition bonds are legal investments for all governmental units, permanent funds of this state, finance authorities, financial institutions, insurance companies, fiduciaries and other persons requiring statutory authority regarding legal investments.

Any successor to a public power entity, whether pursuant to a bankruptcy, reorganization or other insolvency proceeding or pursuant to a merger, acquisition, sale or transfer or other business combination by operation of law or agreement of the public power entity or otherwise, s…

The laws of this state govern the validity, enforceability, attachment, perfection, priority and exercise of remedies with respect to the creation or transfer of, or of any interest in, transition property, financing charges or financing revenues. If there is any conflict between…

If all or any part of this chapter is invalidated, superseded, replaced, repealed or expires for any reason, that occurrence does not affect the validity of any prior action allowed under this chapter, whether taken by a public power entity, a qualified special purpose entity or …