PHOENIX — Utility regulator Robert Burns refused to vote Tuesday for a bill adjustment for Arizona Public Service Co., saying he will not advance any of the utility’s business matters until it complies with his request to review any spending it has done on elections.
“Until APS complies with my request in its entirety, I will be voting ‘no’ on all APS matters that do not impact the safety and health of ratepayers,” Burns said in a statement shared with The Arizona Republic.
APS is widely believed to have contributed to the successful campaigns of two fellow utility regulators, Tom Forese and Doug Little, in the 2014 elections. APS has not denied supporting independent political, or “dark money,” groups that supported Forese and Little. But the company has declined to provide Burns with documentation he has requested regarding the company’s political spending.
Tuesday’s request from APS was a routine adjustment to one of the many line items on APS bills. It would have added 34 cents to the average customer bill. But with Burns’ no vote, Commissioner Andy Tobin’s recusal from the vote because of a potential conflict of interest, and Commissioner Bob Stump’s absence, the matter failed on a 2-1 vote.
Forese and Little approved the change.
APS officials suggested Burns’ actions were hurting utility customers.
“Our goal is to work in good faith with the commission on behalf of our customers,” the company said in a prepared statement after the meeting. “It’s unfortunate Commissioner Burns feels he can’t take action on issues that affect Arizona electricity customers.”
Burns in November asked APS to disclose such spending, giving the utility 30 days to respond. APS on Dec. 30 said “no.”
In January, Burns expressly directed APS to provide accounts, books, papers and other documents regarding campaign contributions. APS has declined.
Burns, who is running for re-election this year, said he was using the best tool at his disposal, his vote, to pressure APS.
“I would request support from my fellow commissioners in holding APS accountable to respond to my request,” he said. “In the future they, too, may request information from public service corporations and I am sure they would appreciate their fellow commissioners’ support of such a request.”
He suggested Little, who serves as chairman of the five-person commission, could decline to place APS matters on commission agendas as long as they don’t impact health and safety matters for the utility.
“This commission should take every opportunity it can to restore public confidence in this body,” Burns said.
Little and Forese have both said previously that they do not believe APS or any corporation should be required to disclose political spending.
