A.R.S. tit. 30 ch. 6 — Arizona Revised Statutes Title 30 Chapter 6 — Electric Energy Reliability

30-801. Definitions In this chapter, unless the context otherwise requires: 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, distributes or otherwise provides electricity and that is not a public service corporation. (b) Does not include: (i) A city or town with a population of less than seventy-five thousand persons. (ii) A power district, electrical district, irrigation and water conservation district or multi-county water conservation district established pursuant to title 48, chapter 11, 12, 19 or 22. (iii) The Arizona power authority. 3. "Retail electric customer" means a person that purchases electricity for that person's own use, including use in that person's trade or business, and not for resale, redistribution or retransmission. 4. "Service territory" means the geographic area in which a public power entity or public service corporation owns, operates, controls or maintains either electric distribution facilities or natural gas distribution facilities and that additional area in which the public power entity or public service corporation has agreed to extend electric distribution facilities or natural gas distribution facilities, whether established by a certificate of convenience and necessity, by official action by a public power entity or by contract or agreement. 30-802. Coordinated scheduling of generation or transmission A public power entity shall participate in and support an independent system operator, an independent system administrator or other efforts to coordinate scheduling of generation or transmission within this state or region. 30-803. Consumer protection; unfair practices; policies; ombudsman; cities and towns A. A public power entity shall establish an ombudsman office to investigate retail electric customer service complaints and adopt rules and procedures to protect the public against deceptive, unfair and abusive business practices. The rules and procedures adopted by the public power entity shall address at least: 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 entity employs the services of a contractor for interior household energy service, either directly or through any affiliate, the contractor and any subcontractors shall be licensed by the registrar of contractors and shall comply with all municipal permit and inspection standards and applicable life safety codes. For the purposes of this subsection, "contractor" has the same meaning prescribed in section 32-1101. C. The public power entity shall make available to any requesting party all information necessary to demonstrate compliance with this section. D. Notwithstanding subsection A of this section, a public power entity that is a city or town may provide for an alternative structure to address customer service and consumer protection issues. 30-804. Distribution service areas; alteration 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 setting and regulating electric distribution service prices. 30-805. Confidential customer information; protection A. Notwithstanding any other law, a public power entity may not release customer-specific information without specific prior written customer authorization unless the information is reasonably required for legitimate account collection activities or credit analysis activities or when such information aids in providing safe and reliable service to the customer or unless otherwise provided by court order. A public power entity shall adopt reasonable rules and procedures to ensure confidentiality. 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 to public inspection and may not be made public except by order of the public power entity's governing body. The information protected as confidential under this section is any information that is similar to the information that would be confidential under section 40-204 if reported by a public service corporation to the Arizona corporation commission. 30-806. Consumer choice 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 in the structure with the capability to choose between electricity and natural gas as an energy source for each appliance application. B. A residential structure may be constructed without the installation of any particular facilities if: 1. The structure is not located within the service territory of a public power entity that furnishes the associated energy service. 2. Unless mandated otherwise by law or governmental regulation, the public power entity that furnishes the associated energy notifies the contractor or owner that the extension of facilities to the structure is not economically feasible. 3. The public power entity that furnishes a particular energy service and the owner or contractor agree that the extension of facilities to the subdivision, to the structure or to any appliance application would not be economically feasible or would otherwise be inappropriate. In that case, the parties may agree not to install facilities in the subdivision, to install service to any or all residential structures without providing service to any appliance application or to install facilities to some but not all appliance applications. C. Unless mandated by law or a generally accepted industry code, a person or entity, including municipal corporations and political subdivisions, shall not engage in any practice that interferes with the opportunity to have electric and natural gas facilities at a minimum installed in and to an existing residential structure in a manner that provides the retail energy consumer ultimately residing in the structure and all subsequent retail energy consumers residing in the structure with the capability to choose between electricity and natural gas as an energy source for each appliance application. This subsection does not apply to reasonable sales and marketing activities. D. If a trench is provided by a contractor or a property owner for the purpose of having utility facilities installed to a residential structure, electric and natural gas facilities at a minimum shall be permitted to occupy the trench if the installation of the facilities is completed in compliance with generally accepted industry safety codes applicable to the installation. Except for underground conversion service areas prescribed by sections 40-341 through 40-355 and improvement districts for underground utility facilities prescribed by section 48-620, if the contractor or property owner conditions occupancy in a trench on a reimbursement of costs associated with providing the trench, the contractor or property owner may require an occupant to pay a pro rata share of the costs associated with providing the trench. A public power entity may use as a credit against the payment money paid through the public power entity's conduit or other reimbursement programs. E. Before initiating a complaint with a public power entity or the commission, the parties to a dispute arising under subsections A through D of this section shall meet and in good faith attempt to resolve the dispute through an informal dispute resolution process. Compliance with this section does not require inspection or enforcement by a city, town or county. F. After facilities have been installed initially in accordance with subsection A of this section, the public power entity, the homeowner, the home builder or the contractor are not responsible or liable for any subsequent modification to the number of initially installed facilities. 30-807. Application for rehearing; effect; decision 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 proceeding regarding the ratemaking or rate design process specified in the application for rehearing within twenty days after entry of the order or decision. Unless otherwise ordered, filing the application does not stay the decision of the governing body of the public power entity. If the governing body of the public power entity does not grant the application within twenty days, it is deemed denied. If the governing body of the public power entity grants the application, within twenty days after granting the application, the governing body of the public power entity shall hear the matter and make a determination. B. A claim arising from any order or decision of the governing body of the public power entity made in the course of a ratemaking or rate design process shall not accrue in any court to any party or this state unless the party or this state, before the effective date of the order or decision, applies to the governing body of the public power entity for a rehearing. C. The application shall set forth specifically the grounds on which it is based and a person or this state shall not in any court urge or rely on any ground not set forth in the application. D. An application for rehearing does not excuse any person from complying with and obeying any order or decision or any requirements of any order or decision of the governing body of the public power entity, or operate in any manner to stay or postpone the enforcement of a decision, except in cases and on terms as the governing body of the public power entity by order directs. E. If, after a rehearing and a consideration of all the facts, including those arising since the making of the order or decision, the governing body of the public power entity finds that the original order or decision or any part of the original order or decision is in any respect unjust or unwarranted or should be changed the governing body of the public power entity may abrogate, change or modify the order or decision, and the order or decision has the same force and effect as an original order or decision, but does not affect any right or the enforcement of any right arising from or by virtue of the original order or decision, unless decided by the governing body of the public power entity. 30-808. Action to set aside or modify certain orders or decisions of public power entities; filing; limitation; superior court 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 denied, may commence an action in superior court in the county in which the governing body of the public power entity has its office, against the governing body of the public power entity as defendant, to vacate, set aside, affirm in whole or in part, reverse in part or remand with instructions to the governing body of the public power entity the order or decision on the grounds that the order or decision is unlawful or is not supported by substantial evidence or that the governing body abused its discretion. The answer of the governing body of the public power entity shall be served and filed within twenty days after service of the complaint, and the action shall be at issue and ready for trial on ten days' notice to either party. The action shall be tried and determined as other civil actions except as provided in this section. B. If the governing body of the public power entity rescinds the order or decision complained of, the action shall be dismissed and if the governing body of the public power entity alters, modifies or amends the order or decision, the altered, modified or amended order replaces the original order complained of and judgment shall be given on the order as though made by the governing body of the public power entity in the first instance. C. Except as otherwise prescribed by this section, the trial shall conform as nearly as possible to other trials in civil actions. Judgment shall be given to vacate, set aside, affirm in whole or in part, reverse in part or remand with instructions to the governing body of the public power entity the order or decision on the grounds that the order or decision is unlawful or is not supported by substantial evidence or that the governing body abused its discretion. D. Either party to the action, or the attorney general on behalf of this state, within thirty days after the judgment of the superior court is given may appeal to the court of appeals. E. In all trials, actions and proceedings the burden of proof is on the party adverse to the governing body of the public power entity or seeking to vacate or set aside any decision or order of the governing body of the public power entity to show that it is unlawful, that it is not supported by substantial evidence or that the governing body of the public power entity abused its discretion. F. Except as provided by this section no court of this state shall have jurisdiction to enjoin, restrain, suspend, delay or review any order or decision of the governing body of the public power entity or to enjoin, restrain or interfere with the governing body of the public power entity in the performance of its official duties and the rules, orders or decrees fixed by the governing body of the public power entity remain in force pending the decision of the courts. A writ of mandamus may be issued from the supreme court to the governing body of the public power entity in cases authorized by law. 30-809. Action to set aside or modify certain governing body of public power entity orders or decisions; limitation; court of appeals 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 deemed denied, a notice of appeal in the court of appeals to vacate, set aside, affirm in whole or in part, reverse in part or remand with instructions to the governing body of the public power entity the order or decision if the court of appeals determines that it is unlawful, that it is not supported by substantial evidence or that the governing body abused its discretion. B. If the governing body of the public power entity rescinds the order complained of, the action shall be dismissed, and if the governing body of the public power entity alters, modifies or amends the order, the altered, modified or amended order shall replace the original order complained of, and judgment shall be given on the order as made by the governing body of the public power entity in the first instance. C. The appellate procedure shall be pursuant to rules adopted by the supreme court. The rules shall conform, as nearly as possible, to the manner in which other appeals are undertaken including indicating the content of the record on review, the briefs to be filed and the time and manner for filing the briefs, record and other documents. D. Any party to the action, or the attorney general on behalf of this state, may appeal to the supreme court as provided by law. E. In all appeals taken pursuant to this section, the party adverse to the governing body of the public power entity or the party seeking to vacate or set aside an order of the governing body of the public power entity must show that the order or decision is unlawful, that it is not supported by substantial evidence or that the governing body abused its discretion. F. Except as provided by this section, a court of this state does not have jurisdiction to enjoin, restrain, suspend, delay or review any order or decision of the governing body of the public power entity involving any public power entity and made in the course of a ratemaking or rate design process or to enjoin, restrain or interfere with the governing body of the public power entity in the performance of its official duties and the rules, orders or decrees fixed by the governing body of the public power entity remain in force pending the decision of the courts, but a writ of mandamus shall lie from the supreme court to the governing body of the public power entity in cases authorized by law. 30-810. Buy-through program; terms, conditions, limitations; definition A. On or before January 1, 2024, a public power entity that is an agricultural improvement district established pursuant to title 48, chapter 17 shall offer a buy-through program that both: 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-through" means a purchase of electricity by a public power entity at the direction of a particular retail consumer, subject to the terms of the program. 30-811. Electricity producers; safeguards; electromagnetic pulse; definition A. Notwithstanding any other law, electricity producers in this state shall consider the dangers associated with an electromagnetic pulse and take steps to secure a continuous supply of electricity to the residents of this state. B. For the purposes of this section, "electromagnetic pulse" has the same meaning prescribed in section 26-305.03.