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Miller v. Arizona Corporation Commission (setting energy policy case)

November 11, 2014

The Arizona Corporation Commission (ACC) is established under the Arizona Constitution with limited power to regulate utility rates, but over the years it has expanded its powers beyond its constitutional jurisdiction. The ACC recently adopted sweeping new rules requiring utilities to derive a specified share of their power from alternative sources. The rules have resulted in rate surcharges to residential and business customers that will total millions of dollars.

The Goldwater Institute asked the Maricopa County Superior Court to strike down renewable energy regulations imposed by the Arizona Corporation Commission. The lawsuit, Miller v. Arizona Corporation Commission, argues that the rules exceed the Commission’s limited constitutional and statutory authority, violate separation of powers, and impermissibly interfere with the relationship of all utilities and their customers. On September 2, 2009 the Court ruled in favor of the Arizona Corporation Commission. The Goldwater Institute has appealed.

Case Documents

Complaint (11/19/2008)Motion for Summary Judgment (2/25/2009)Reply to Motion for Summary Judgment (5/21/2009)Ruling (9/3/2009)Appeal (11/2/2009)Petition for Special Action (11/12/2008)Appellants’ Brief (2/16/2010)

Opinion (4/7/2011)Appellants’ Petition for Review (5/9/2011)Combined Reply of Petitioners (9/5/2008)



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