Title 40 — Public Utilities and Carriers
8 chapters · 271 sections in this title.
A.R.S. § 40-101 Interest of commissioner or employee prohibited in corporation subject to regulation
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Notwithstanding any other law, a person in the employ of, or holding an official relation to a corporation or person subject to regulation by the commission, or a person owning stocks or bonds of a corporation subject to regulation, or a person who is pecuniarily interested there…
A.R.S. § 40-102 Corporation commission organization; meetings; acts of commission by majority or by single commissioner; conflict of interest
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A. The corporation commission shall elect from its membership a chairman. B. The commission shall hold a session at least once each month at its office. It may meet at any time or place expedient for the performance of its duties. The commission may, for holding meetings at place…
A.R.S. § 40-103 Corporation commission seal
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The corporation commission shall have a seal bearing the inscription "Arizona Corporation Commission." The seal shall be affixed to all writs and authentications of records and to other instruments as the commission directs.
A.R.S. § 40-104 Employment; commissioners; prohibition
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[Repealed or reserved.]
A.R.S. § 40-105 Executive director; appointment; powers and duties
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A. Subject to title 41, chapter 4, article 4, the corporation commission shall appoint an executive director, who shall have the power to serve warrants and other process in any county of the state. B. The executive director shall if directed by the commission: 1. Keep a record o…
A.R.S. § 40-106 Legal services
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A. The attorney general shall be attorney for the securities division of the commission and the commission for matters arising out of securities division activity. At the commission’s discretion, the attorneys employed by the securities division may represent the commission in ad…
A.R.S. § 40-108 Compensation of appointees and employees
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A. The compensation of corporation commission appointees and employees except as provided in section 40-408 shall be determined pursuant to section 38-611 and shall be paid from the state general fund and the appropriation made to the commission in the general appropriations act.…
A.R.S. § 40-109 Salaries and expenses of corporation commissioners
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A. Each member of the corporation commission shall receive an annual salary pursuant to section 41-1904. B. Except as provided in section 40-408, all salaries and expenses of members of the corporation commission incurred pursuant to this article, including the actual and necessa…
A.R.S. § 40-110 Consumer services section
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A consumer services section is established within the utilities division. The purpose of the section is to receive and investigate consumer complaints and to provide information concerning utility rates and regulatory proceedings of public service corporations regulated by the co…
A.R.S. § 40-112 Fees for certification and duplication
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The following fees are payable to the commission and upon receipt of the fees the commission, pursuant to sections 35-146 and 35-147, shall deposit the fees: 1. For issuing certification of documents, five dollars plus fifty cents per page. 2. For making a copy of any document on…
A.R.S. § 40-201 Definitions
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In this chapter, unless the context otherwise requires: 1. "Appliance application" means central space heating, clothes drying, water heating and indoor cooking. 2. "Commission" means the corporation commission. 3. "Common carrier" means a railroad or street railroad. 4. "Electri…
A.R.S. § 40-202 Supervising and regulating public service corporations; telecommunications promotion; consumer protection; duty to comply
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A. The commission may supervise and regulate every public service corporation in this state and do all things, whether specifically designated in this title or in addition thereto, necessary and convenient in the exercise of that power and jurisdiction. In supervising and regulat…
A.R.S. § 40-203 Power of commission to determine and prescribe rates, rules and practices of public service corporations
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When the commission finds that the rates, fares, tolls, rentals, charges or classifications, or any of them, demanded or collected by any public service corporation for any service, product or commodity, or in connection therewith, or that the rules, regulations, practices or con…
A.R.S. § 40-204 Reports by public service corporations to commission; duty of corporation to deliver documents to commission; confidential nature of information furnished; exception; classification
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A. Every public service corporation shall furnish to the commission, in the form and detail the commission prescribes, tabulations, computations, annual reports, monthly or periodical reports of earnings and expenses, and all other information required by it to carry into effect …
A.R.S. § 40-205 Regulation of commercial flight operators by commission prohibited; definitions
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A. Notwithstanding any other provision of law, the corporation commission may not regulate commercial flight operations or commercial flight operators. B. For purposes of this section: 1. "Commercial flight operation" means the carrying of persons or goods for hire, including the…
A.R.S. § 40-206 Exemption of motor carriers
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This chapter does not apply to motor carriers as defined in section 28-5851.
A.R.S. § 40-209 Franchises; electric generation suppliers; limitations
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Regulation of electricity suppliers providing electric generation service is a matter of statewide concern. Cities, including charter cities, towns and counties shall not require franchises for electricity suppliers to provide electric generation service within its jurisdiction a…
A.R.S. § 40-210 Contractors; requirements; prohibition; definition
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A. A contractor who is licensed by the registrar of contractors pursuant to title 32 is eligible to participate in a commission approved rebate or other pricing program offered by a public service corporation if the contractor obtains the same or equivalent training or certificat…
A.R.S. § 40-211 Public service corporations; electronic filings
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Notwithstanding any other law, the commission may accept electronically any document that a public service corporation is required to submit pursuant to this chapter, any rules adopted pursuant to this chapter or a commission order.
A.R.S. § 40-212 Internet protocol services; definitions
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A. A person that offers, furnishes or provides for profit or otherwise internet protocol-enabled service or voice over internet protocol service is not providing message transmission service to the public and is not a public service corporation. The commission may not regulate, d…
A.R.S. § 40-213 Electric charging providers; fees; definition
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B. In addition to the fee assessed for the quantity of electrical energy sold, fees may be assessed for other services and may be based on time measurement or a fixed fee or both. C. For the purposes of this section, "electric charging providers" means entities that both: 1. Offe…
A.R.S. § 40-221 Power of commission to prescribe record-keeping methods and accounts; conformity with interstate commerce commission requirements; limitation on keeping of accounts
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A. The commission may establish a system of accounts to be kept by public service corporations, or classify the corporations and establish a system of accounts for each class, and prescribe the manner in which accounts shall be kept. It may prescribe the forms of accounts, record…
A.R.S. § 40-222 Depreciation accounting
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The commission may, after hearing, require public service corporations to carry a proper and adequate depreciation account in accordance with regulations and forms of account it prescribes. It may ascertain and fix the proper and adequate rates of depreciation of the several clas…
A.R.S. § 40-241 Power to examine records and personnel of public service corporations; filing record of examination
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A. The commission, each commissioner and person employed by the commission may, at any time, inspect the accounts, books, papers and documents of any public service corporation, and any of such persons who are authorized to administer oaths may examine under oath any officer, age…
A.R.S. § 40-242 Production of records kept without state
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The commission may require by order served on any public service corporation in the manner provided in this chapter for the service of orders, the production within this state, at a time and place it designates, of any books, accounts, papers or records kept in any office or plac…
A.R.S. § 40-243 Conduct of hearings and investigations; representation by corporate officer or employee; arbitration
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A. All hearings and investigations before the commission or a commissioner shall be governed by this article, and by rules of practice and procedure adopted by the commission. Neither the commission nor a commissioner shall be bound by technical rules of evidence, and no informal…
A.R.S. § 40-244 Administration of oaths and certification to official acts by commissioners; taking of depositions; witness fees and mileage
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A. Each commissioner may administer oaths and certify to all official acts. The commission, or a commissioner, or any party, may take depositions as in a court of record. B. Each witness who appears by order of the commission or a commissioner shall receive for his attendance the…
A.R.S. § 40-245 Admissibility in evidence of copies of documents filed with commission; orders, authorizations or certificates issued by commission required to be in writing; recording
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A. Copies of all official documents and orders filed or deposited according to law in the office of the commission, certified by a commissioner or by the secretary under the official seal of the commission to be true copies of the originals, shall be received in evidence in a lik…
A.R.S. § 40-246 Complaint alleging violation by public service corporation of law or rule or order of commission; exception; joinder of complaints; notice of hearing
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A. Complaint may be made by the commission of its own motion, or by any person or association of persons by petition or complaint in writing, setting forth any act or thing done or omitted to be done by any public service corporation in violation, or claimed to be in violation, o…
A.R.S. § 40-247 Hearing; process to witnesses; report of proceedings; decision; service of order
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A. The complainant and the party complained of, and such persons as the commission allows to intervene, shall be heard in person or by attorney, and may introduce evidence at the hearing. The commission shall issue process to enforce attendance of all necessary witnesses. Proceed…
A.R.S. § 40-248 Reparation of overcharge; action to recover overcharge; limitations
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A. When complaint is made to the commission concerning any rate, fare, toll, rental or charge made by any public service corporation, and the commission finds, after investigation, that the corporation has made an excessive or discriminatory charge, the commission may order that …
A.R.S. § 40-249 Complaint by public service corporation; hearing
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Any public service corporation shall have the same privilege to complain as is afforded other parties under this article, and the same procedure shall be followed as in other cases, except that the complaint may be heard ex parte by the commission, or may be served upon any parti…
A.R.S. § 40-250 Hearing on rate or other change in operations by public service corporation; establishment of rates or other practices by order of commission; rates for retail telecommunications services
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A. No public service corporation shall raise any rate, fare, toll, rental or charge, or alter any classification, contract, practice, rule or regulation to result in any increase thereof, except on a showing before the commission and a finding by the commission that an increase i…
A.R.S. § 40-251 Hearings on valuation of property of public service corporations; notice; introduction of evidence; written findings of fact required; admissibility in evidence; effect; exception
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A. For the purpose of ascertaining matters concerning the valuation or revaluation of the property of public service corporations, the commission may conduct hearings at times or places it designates. Before any hearing or supplemental or further hearing is had the commission sha…
A.R.S. § 40-252 Rescission or amendment of orders by commission; collateral attack on final orders or decisions prohibited
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The commission may at any time, upon notice to the corporation affected, and after opportunity to be heard as upon a complaint, rescind, alter or amend any order or decision made by it. When the order making such rescission, alteration or amendment is served upon the corporation …
A.R.S. § 40-253 Application for rehearing; hearing; effect; decision
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A. After any final order or decision is made by the commission, any party to the action or proceeding or the attorney general on behalf of the state may apply for a rehearing of any matter determined in the action or proceeding and specified in the application for rehearing withi…
A.R.S. § 40-254 Action to set aside or modify certain orders of commission; filing; limitation; superior court
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A. Except as provided in section 40-254.01, any party in interest, or the attorney general on behalf of the state, being dissatisfied with an order or decision of the commission, may within thirty days after a rehearing is denied or granted, and not afterwards, commence an action…
A.R.S. § 40-254.01 Action to set aside or modify certain commission orders; limitation; court of appeals
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A. The attorney general on behalf of the state or any party to a proceeding before the commission who is dissatisfied with any order of the commission involving public service corporations and relating to rate making or rate design pursuant to sections 40-243, 40-246, 40-250 and …
A.R.S. § 40-255 Precedence of actions
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All actions and proceedings to which the commission or the state is a party, or in which the attorney general has been allowed to intervene, and in which any question arises under this title, or under or concerning any order or decision of the commission, shall be preferred and s…
A.R.S. § 40-256 Time periods for rate decisions; calculation; simplified filing rules; interim rates and charges; definitions
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A. From the date on which a utility's rate filing is determined to be sufficient in accordance with this section, the commission shall issue a decision establishing rates and charges for service within the following time periods: 1. For class 1 utilities, within two hundred seven…
A.R.S. § 40-281 Certificate required before construction by public service corporation; exceptions; complaint by corporation injuriously affected by construction hearing; exclusive franchise or monopoly
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A. A public service corporation, other than a railroad, shall not begin construction of a street railroad, a line, plant, service or system, or any extension thereof, without first having obtained from the commission a certificate of public convenience and necessity. B. This sect…
A.R.S. § 40-282 Application for certificate; hearing; application upon contemplated franchise
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A. If the applicant for a certificate of convenience and necessity is a corporation, a certified copy of its articles of incorporation shall be filed in the office of the commission before any certificate of convenience and necessity may issue. B. Every applicant for a certificat…
A.R.S. § 40-283 Transmission lines; use of public streets for utility right-of-way; notice; election
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A. Any person engaged in transportation or transmission business within the state may construct and operate lines connecting any points within the state and connect at the state boundary with like lines, except that within the confines of municipal corporations the use and occupa…
A.R.S. § 40-284 Restrictions upon conduct of public service business by foreign corporations
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A. A foreign corporation, unless authorized to transact a public service business within this state, shall not transact within the state any public service business, nor transact within the state any public service business of a character different from that which it is authorize…
A.R.S. § 40-285 Disposition of plant by public service corporations; acquisition of capital stock of public service corporation by other public service corporations; exemption
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A. A public service corporation shall not sell, lease, assign, mortgage or otherwise dispose of or encumber the whole or any part of its railroad, line, plant or system necessary or useful in the performance of its duties to the public, or any franchise or permit or any right the…
A.R.S. § 40-286 Exemption from antitrust statutes
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Title 44, chapter 10, article 1, does not apply to any conduct or activity of a public service corporation holding a certificate of public convenience and necessity granted pursuant to this article, which conduct or activity is approved by a statute of this state or of the United…
A.R.S. § 40-287 Value of certificated area
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Any portion of the certificated area of a private water company which does not contain an operating distribution system owned by the private water company primarily for the distribution of domestic water is presumed to have de minimis value for the purposes of condemnation.
A.R.S. § 40-301 Issuance of stocks and bonds; authorized purposes
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A. The power of public service corporations to issue stocks and stock certificates, bonds, notes and other evidences of indebtedness, and to create liens on their property located within this state is a special privilege, the right of supervision, restriction and control of which…
A.R.S. § 40-302 Order authorizing issuance of stocks, bonds or other evidences of debt; hearing on application to issue; amount of issue; issuance of short term notes without commission order; capitalization of certain items prohibited; accounting for proceeds of issues
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A. Before a public service corporation issues stocks and stock certificates, bonds, notes and other evidences of indebtedness, it shall first secure from the commission an order authorizing such issue and stating the amount thereof, the purposes to which the issue or proceeds the…
A.R.S. § 40-303 Validity of stock certificates or evidences of indebtedness; violation of law or commission authorizations; classification
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A. All stock and every stock certificate, and every bond, note or other evidence of indebtedness of a public service corporation, issued without a valid order of the commission authorizing the issue, or if issued with the authorization of the commission but not conforming to the …