A.R.S. § 40-285 — Arizona Code / Title 40 / Chapter 2 / Article 4 / Section 285
40-285 Disposition of plant by public service corporations; acquisition of capital stock of public service corporation by other public service corporations; exemption
Status: in_force

40-285. Disposition of plant by public service corporations; acquisition of capital stock of public service corporation by other public service corporations; exemption

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 thereunder, nor shall such corporation merge such system or any part thereof with any other public service corporation without first having secured from the commission an order authorizing it so to do. Every such disposition, encumbrance or merger made other than in accordance with the order of the commission authorizing it is void.

B. The approval or permit of the commission under this section shall not revive or validate any lapsed or invalid franchise or permit, or enlarge or add to the powers or privileges contained in the grant of any franchise or permit, or waive any forfeiture.

C. This section does not prevent the sale, lease or other disposition by any such corporation of property that is not necessary or useful in the performance of its duties to the public, and any sale of its property by such corporation shall be conclusively presumed to have been of property that is not useful or necessary in the performance of its duties to the public as to any purchaser of the property in good faith for value.

D. A public service corporation shall not purchase, acquire, take or hold any part of the capital stock of any other public service corporation organized or existing under the laws of this state without a permit from the commission.

E. Every assignment, transfer, contract or agreement for assignment or transfer of any stock in violation of the provisions of this section is void, and the transfer shall not be made on the books of any public service corporation.

F. This section does not apply to a telecommunications corporation whose retail telecommunications services are all classified as competitive by the commission, except as may otherwise be determined by a commission order after the effective date of this amendment to this section.
A.R.S. § 40-1003 — Arizona Code / Title 40 / Chapter 5 / Article 1 / Section 1003
40-1003 Inspection; record of sale
Status: in_force

40-1003. Inspection; record of sale

A. In order to prepare the notice and make the sale, the carrier shall open each package and inspect the contents thereof, which shall be exposed at the time of sale.

B. A true record of the sale shall be kept, including a copy of the notice.
A.R.S. § 40-855 — Arizona Code / Title 40 / Chapter 4 / Article 3 / Section 855
40-855 Violation of duty by railroad officer or employee; classification
Status: in_force

40-855. Violation of duty by railroad officer or employee; classification

An officer, agent or servant of a railroad company who is guilty of any criminally negligent violation or omission of his duty as such officer, agent or servant, whereby human life or safety is endangered, the punishment of which is not otherwise prescribed, is guilty of a class 2 misdemeanor.
A.R.S. § 40-402 — Arizona Code / Title 40 / Chapter 2 / Article 8 / Section 402
40-402 Findings of fact defined
Status: in_force

40-402. Findings of fact defined

Findings of fact of the commission within the meaning of this article shall be:

1. Determinations of fact expressed in statements rendered pursuant to this article.

2. Determinations of fact set out in the minutes of the commission recording the action of the commission in passing upon such statements and upon objections thereto.
A.R.S. § 40-360.26 — Arizona Code / Title 40 / Chapter 2 / Article 6.3 / Section 360.26
40-360.26 Damage of underground facility; liability to owner; homeowner and tenant exemption
Status: in_force

40-360.26. Damage of underground facility; liability to owner; homeowner and tenant exemption

A. If any underground facility is damaged by any person in violation of this article as a result of failing to obtain information as to its location, failing to take measures for protection of the facilities or failing to excavate in a careful and prudent manner, the person is liable to the owner of the underground facility for the total cost of the repair of the facility.

B. A homeowner or homeowners' association engaging in excavating in an express or implied private property utility easement across property owned by the homeowner or homeowners’ association is not liable to the owner or operator of the underground facility damaged by the homeowner or homeowners' association pursuant to this section if the damaged underground facility is not buried or placed below ground in accordance with the applicable standards, if the underground facility is not located within the easement or if the homeowner or homeowners' association engaged in the excavation has complied with section 40-360.22.  This subsection does not apply to any person employed by a homeowner or a homeowners' association including a contractor licensed pursuant to title 32, chapter 10 or a person engaging in contracting without a license as prohibited by section 32-1151.

C. Notwithstanding any other provision in this article, a homeowner is not liable for any costs or expenses, including damage to third parties, resulting from damage to an underground facility owned by the homeowner but located within a public right-of-way if the damage was not caused by the homeowner's actions or by the homeowner's refusal to grant permission to the underground facilities operator of a sewer system to access the real property for the purpose of ascertaining the location of the underground sewer facility.  A tenant is not liable for any costs or expenses, including damage to third parties, resulting from damage to an underground facility owned by the tenant but located within a mobile home park if the damage was not caused by the tenant's actions or by the tenant's refusal to grant permission to the landlord to access the mobile home for the purpose of ascertaining the location of the underground facility.
A.R.S. § 40-844 — Arizona Code / Title 40 / Chapter 4 / Article 3 / Section 844
40-844 Enforcement of article; compliance with commission regulations and orders
Status: in_force

40-844. Enforcement of article; compliance with commission regulations and orders

A. All persons engaged in the operation of railroads shall comply with any regulation or order of the commission issued under the provisions of this article, and to furnish any information required by the commission for purposes of this article.

B. The commission or its authorized agent may, during reasonable hours, enter the place of operation of any person engaged in the operation of railroads for the purpose of ascertaining whether the standards prescribed under this article are being complied with.
A.R.S. § 40-329 — Arizona Code / Title 40 / Chapter 2 / Article 6 / Section 329
40-329 Power of commission to order connections and joint rates between telephone or telegraph companies
Status: in_force

40-329. Power of commission to order connections and joint rates between telephone or telegraph companies

A. Whenever the commission finds that a physical connection can reasonably be made between the lines of two or more telephone or telegraph corporations to form a continuous line of communication, and that public convenience and necessity will be served thereby, or that two or more telegraph or telephone corporations have failed to establish joint rates, tolls or charges for service by or over their lines, and that a connection ought to be established, the commission may require that a connection and joint charges be made, except where the purpose of the connection is primarily to secure transmission of local messages or conversations between points within the same city, or town. The commission may also require that conversations be transmitted and messages transferred over such connections under rules and regulations the commission establishes.

B. If the telephone or telegraph corporations do not agree upon division of the cost of the physical connection, or the divisions of the joint charges established, the commission shall after further hearing establish the division by supplemental order.
A.R.S. § 40-493 — Arizona Code / Title 40 / Chapter 2 / Article 12 / Section 493
40-493 Damages; costs; attorney fees
Status: in_force

40-493. Damages; costs; attorney fees

In a civil action pursuant to section 40-492, the utility may recover as damages three times the amount of actual damages. The prevailing party shall recover reasonable attorney fees, costs and other expenses.
A.R.S. § 40-360.41 — Arizona Code / Title 40 / Chapter 2 / Article 6.4 / Section 360.41
40-360.41 Definitions
Status: in_force

40-360.41. Definitions

In this article, unless the context otherwise requires:

1. "Authorized person" means:

(a) An employee of a public utility that produces, transmits or delivers electricity.

(b) An employee of a public utility that provides and whose work relates to communication services or state, county or municipal agencies that have authorized circuit construction on or near the poles or structures of a public utility.

(c) An employee of an industrial plant whose work relates to the electrical system of the industrial plant.

(d) An employee of a cable television operator, video service provider or communication services company or an employee of a contractor of a cable television operator, video service provider or communication services company if specifically authorized by the owner of the poles to make attachments for cable television or communication services or video services.

(e) An employee or agent of state, county or municipal agencies that have or whose work relates to overhead electrical lines or circuit construction or conductors on poles or structures of any type.

2. "High voltage" means voltage in excess of six hundred volts measured between conductors or between a conductor and the ground.

3. "Overhead line" means all bare or insulated electrical conductors installed aboveground.

4. "Person" or "business entity" means those parties that contract to perform any function or activity on any land, building, highway or other premises.

5. "Public utility" includes public service corporations, municipally owned systems and districts subject to article XIII, section 7, Constitution of Arizona.
A.R.S. § 40-616 — Arizona Code / Title 40 / Chapter 3 / Article 1 / Section 616
40-616 Choice of law; conflicts with other laws
Status: in_force

40-616. Choice of law; conflicts with other laws

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 this chapter and any other law regarding the creation, attachment, transfer, assignment or perfection of, or the effect of perfection on or the priority of any security interest in transition property, financing charges or financing revenues, this chapter governs to the extent of the conflict.
A.R.S. § 40-368 — Arizona Code / Title 40 / Chapter 2 / Article 7 / Section 368
40-368 Sliding scale of charges
Status: in_force

40-368. Sliding scale of charges

A. Any person engaged in the production, generation, transmission or furnishing of heat, cold air, light, sewer service, water or power, or telegraph or telephone service, may establish a sliding scale of charges and may enter into an arrangement for a fixed period for the automatic adjustment of charges for heat, cold air, light, sewer service, water, or power, or telegraph or telephone service, in relation to the profit to be realized by such person. A schedule showing the scale of charges under such arrangement shall first be filed with the commission and the schedule and each rate set out therein approved by it.

B. The commission may revoke its approval at any time and fix other rates and charges for the product or commodity or service, as authorized in this chapter.
A.R.S. § 40-360.02 — Arizona Code / Title 40 / Chapter 2 / Article 6.2 / Section 360.02
40-360.02 Plans; filing; failure to comply; classification
Status: in_force

40-360.02. Plans; filing; failure to comply; classification

A. Every person contemplating construction of any transmission line within the state during any ten year period shall file a ten year plan with the commission on or before January 31 of each year.

B. Every person contemplating construction of any plant within the state shall file a plan with the commission ninety days before filing an application for a certificate of environmental compatibility as provided in section 40-360.03.

C. Each plan filed pursuant to subsection A or B of this section shall set forth the following information with respect to the proposed facilities to the extent such information is available:

1. The size and proposed route of any transmission lines or location of each plant proposed to be constructed.

2. The purpose to be served by each proposed transmission line or plant.

3. The estimated date by which each transmission line or plant will be in operation.

4. The average and maximum power output measured in megawatts of each plant to be installed.

5. The expected capacity factor for each proposed plant.

6. The type of fuel to be used for each proposed plant.

7. The plans for any new facilities shall include a power flow and stability analysis report showing the effect on the current Arizona electric transmission system.  Transmission owners shall provide the technical reports, analysis or basis for projects that are included for serving customer load growth in their service territories.

D. The information in the plan reported to the commission in subsection B of this section is not open to public inspection and shall not be made public if disclosure of the information in the plan could give a material advantage to competitors.  The information in the plan protected as confidential under subsection B of this section is any information that is similar to the information that would be confidential under section 40-204. An officer or employee of the commission who knowingly divulges information in the plan in violation of this subsection is guilty of a class 2 misdemeanor.

E. Failure of any person to comply with the requirements of subsection A, B or C of this section may, in the commission's discretion in the absence of a showing of good cause, constitute a ground for refusing to consider an application of such person.

F. The plans shall be recognized and utilized as tentative information only and are subject to change at any time at the discretion of the person filing the plans.

G. The plans shall be reviewed biennially by the commission and the commission shall issue a written decision regarding the adequacy of the existing and planned transmission facilities in this state to meet the present and future energy needs of this state in a reliable manner.
A.R.S. § 40-376 — Arizona Code / Title 40 / Chapter 2 / Article 7 / Section 376
40-376 Payment responsibility; private water companies; sewer corporations
Status: in_force

40-376. Payment responsibility; private water companies; sewer corporations

For residential property of four or fewer units, a private water company or sewer corporation may not require payment of unpaid water and wastewater service rates and charges or sewer utility service rates and charges by anyone other than the person who has contracted with the private water company or sewer corporation to provide the service, who physically resides or resided at the property and who receives or received the service. A property owner, an immediate family member of the person who does not reside at the property or any other entity, at its sole discretion, may contract for water and wastewater service with a private water company or for sewer utility service with a sewer corporation and shall provide payment.
A.R.S. § 40-1125 — Arizona Code / Title 40 / Chapter 6 / Article 3 / Section 1125
40-1125 Cooperation with state or other agencies
Status: in_force

40-1125. Cooperation with state or other agencies

An authority may cooperate with and enter into agreements with the state of Arizona or any public agency for the acquisition, construction, improvement, completion, maintenance, operation or repair, joint or otherwise, and in whole or in part, of public transportation facilities and equipment, and for study and planning thereof. In connection with any such cooperation or contract, the state or any public agency may make public contributions to the authority as in the judgment of the legislature, or the governing board of the agency, are necessary or proper for its undertaking, and the authority may reimburse the state or public agency for any such advance or contribution from the proceeds of the sale of bonds or any other funds available to the authority. The state or any public agency may also authorize, aid and assist the authority to carry out any activity which the state or public agency is by law authorized to perform and carry out in its own behalf.
A.R.S. § 40-360.44 — Arizona Code / Title 40 / Chapter 2 / Article 6.4 / Section 360.44
40-360.44 Violation; civil penalty
Status: in_force

40-360.44. Violation; civil penalty

A. A person or business entity or agent of the person or business entity who violates this article may be subject to a civil penalty in an amount not to exceed five thousand dollars to be imposed by the court in favor of the state to be deposited in the general fund.

B. If a violation of this article results in physical or electrical contact with any high voltage overhead line, the person or business entity violating this article is liable to the public utility operating the high voltage overhead line for all damages to the facilities and all costs and expenses, including damages to third persons, incurred by the public utility as a result of the contact.
A.R.S. § 40-202 — Arizona Code / Title 40 / Chapter 2 / Article 1 / Section 202
40-202 Supervising and regulating public service corporations; telecommunications promotion; consumer protection; duty to comply
Status: in_force

40-202. Supervising and regulating public service corporations; telecommunications promotion; consumer protection; duty to comply

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 regulating long-distance telecommunications corporations, the commission shall encourage competition and growth in the telecommunications industry and promote economic development and investment in new telecommunications technologies, infrastructure and services. In furtherance of this policy, the commission shall establish procedures and standards for identifying and regulating competitive long-distance telecommunications markets. When the commission determines that a long-distance telecommunications market is competitive, it shall establish appropriate supervisory and regulatory treatment for competitive long-distance telecommunications markets as distinguished from noncompetitive telecommunications markets. In imposing any assessments or other charges on mobile telecommunications service providers, the commission shall comply with the requirements of the mobile telecommunications sourcing act (P.L. 106-252; 114 Stat. 626; 4 United States Code sections 116 through 126).

B. In supervising and regulating public service corporations, the commission's authority is confirmed to adopt rules to:

1. Protect the public against deceptive, unfair and abusive business practices, practices related to deposit requirements and reconnection fees, intrusive and abusive marketing, deceptive or untrue advertising practices and practices prohibited under subsection E of this section.

2. Provide that, notwithstanding any other law, customer information, account information and related proprietary information are confidential unless specifically waived by the customer in writing.

3. Ensure that public service corporations that employ the services of a contractor for interior household energy service, either directly or through any affiliate, require the contractors and subcontractors to 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 paragraph, "contractor" has the same meaning prescribed in section 32-1101.

C. Except as provided in subsection D 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.

D. 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 service corporation certificated to furnish the associated energy service.

2. Unless mandated otherwise by law or governmental regulation, the public service corporation certificated to furnish the associated energy notifies the contractor or owner that the extension of the facilities to the structure is not economically feasible.

3. The public service corporation certificated to furnish a particular energy service and the owner or contractor agree that the extension of the facilities to the subdivision, to the structure or to any appliance application would not be economically feasible or would otherwise be inappropriate. In this case, the parties may agree to install no 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.

E. 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.

F. 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 in the case of underground conversion service areas provided for in sections 40-341 through 40-355 and improvement districts for underground utility facilities provided for in 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 service corporation may use as a credit against the payment money paid through the public service corporation's conduit or other reimbursement programs.

G. Before initiating a complaint with a public service corporation or the commission, the parties to a dispute arising under subsections C, D, E and F of this section shall meet and in good faith attempt to resolve the dispute through an informal dispute resolution process. Compliance with subsections C, D, E and F of this section does not require inspection or enforcement by a city, town or county.

H. After facilities have been installed initially in accordance with subsection C of this section, the public service corporation, the homeowner, the home builder or the contractor is not responsible or liable for any subsequent modification to the number of initially installed facilities.

I. A public service corporation shall comply with every order, decision, rule or regulation made by the commission in any matter relating to or affecting its business as a public service corporation and shall do everything necessary to secure compliance with and observance of every such order, decision, rule or regulation.
A.R.S. § 40-282 — Arizona Code / Title 40 / Chapter 2 / Article 4 / Section 282
40-282 Application for certificate; hearing; application upon contemplated franchise
Status: in_force

40-282. Application for certificate; hearing; application upon contemplated franchise

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 certificate shall submit to the commission evidence required by the commission to show that the applicant has received the required consent, franchise or permit of the proper county, city and county, municipal or other public authority.

C. The commission may, after a hearing, issue the certificate or refuse to issue it, or issue it for the construction of only a portion of the contemplated street railroad, line, plant or system, or extension thereof, or for the partial exercise only of the right or privilege, and may attach to the exercise of rights granted by the certificate terms and conditions it deems that the public convenience and necessity require. The commission may act after an application or after a hearing, if requested by any party, on an application for a certificate to provide any of the following telecommunications services:

1. Pay telephone service to end users if the applicant has not received a certificate to provide local exchange telecommunications service within the area where the pay telephone is or will be located.

2. Automated or live operator services accessed from a location where telephones are available to the public or transient users of the premises and where the applicant has not been certificated as either:

(a) A local exchange carrier for the location by January 1, 1996.

(b) A facilities based interexchange carrier by January 1, 1996.

3. Telecommunications services resold to the public for profit if the applicant obtains the services from another entity.

D. If a public service corporation desires to exercise a right or privilege under a franchise or permit which it contemplates securing, but which has not yet been granted to it, the corporation may apply to the commission for an order preliminary to the issue of the certificate. The commission may make an order declaring that it will thereafter, upon application, under rules it prescribes, issue the desired certificate, upon terms and conditions it designates, after the corporation has obtained the contemplated franchise or permit or may make an order issuing a certificate on the condition that the contemplated franchise or permit is obtained and on other terms and conditions it designates. If the commission makes an order preliminary to the issuance of the certificate, upon presentation to the commission of evidence that the franchise or permit has been secured by the corporation, the commission shall issue the certificate.
A.R.S. § 40-360.28 — Arizona Code / Title 40 / Chapter 2 / Article 6.3 / Section 360.28
40-360.28 Civil penalty; liability
Status: in_force

40-360.28. Civil penalty; liability

A. Except as provided in section 40-360.22, subsection M, a person who violates any provision of this article is subject to a civil penalty in an amount not to exceed five thousand dollars to be imposed by the court in favor of the state.  Any penalties received by the state shall be deposited in the state general fund.

B. If a violation of this article results in damage to an underground facility, the violator is liable to all affected underground facilities operators and excavators for all resulting damages proximately caused by the violations, including economic loss.

C. If a person violates this article by failing to provide timely notice as required by this article, by failing to respond in the time and manner provided by this article or by failing to locate and mark an underground facility in the manner provided by this article, the person is liable to all affected underground facilities operators and excavators for all damages proximately caused by the violation, including economic loss.

D. Notwithstanding any other law, a violation of section 40-360.22, subsection D or subsection L, paragraph 3 is a superseding event that breaks the chain of causation for any damages that could result from an underground facilities operator's failure to accurately locate or mark an underground facility.

E. If a landlord or an excavator complies with the duties set forth in sections 40-360.22, 40-360.30 and 40-360.32 for all facilities operated by a landlord as provided in section 40-360.22, subsection P, paragraph 1, the person is not liable for any death or injury to persons or property or for any economic loss to any person to the extent the conduct is regulated by this article.  This section does not excuse any landlord or excavator from liability for any death or injury to persons or property or for any economic loss to any person to the extent the injury or loss does not arise from the conduct regulated by this article.

F. This section is not applicable to an excavation made:

1. During an emergency which involves danger to life, health or property if reasonable precautions are taken to protect underground facilities.

2. In agricultural operations or for the purpose of finding or extracting natural resources.

3. With hand tools on property owned or occupied by the person performing the excavation while gardening or tilling such property.
A.R.S. § 40-203 — Arizona Code / Title 40 / Chapter 2 / Article 1 / Section 203
40-203 Power of commission to determine and prescribe rates, rules and practices of public service corporations
Status: in_force

40-203. Power of commission to determine and prescribe rates, rules and practices of public service corporations

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 contracts, are unjust, discriminatory or preferential, illegal or insufficient, the commission shall determine and prescribe them by order, as provided in this title.
A.R.S. § 40-1001 — Arizona Code / Title 40 / Chapter 5 / Article 1 / Section 1001
40-1001 Unclaimed freight or baggage
Status: in_force

40-1001. Unclaimed freight or baggage

When any freight or baggage comes into possession of a common carrier, and is unclaimed or cannot be delivered, the carrier shall safely keep it as a warehouseman for three months, unless it is perishable or liable to depreciate in value by keeping, and the carrier shall be entitled to a reasonable compensation for storage thereof.
A.R.S. § 40-337.01 — Arizona Code / Title 40 / Chapter 2 / Article 6 / Section 337.01
40-337.01 Installation of automatic warning devices; agreements for sharing cost; apportionment of cost
Status: in_force

40-337.01. Installation of automatic warning devices; agreements for sharing cost; apportionment of cost

A. The commission may determine, after a public hearing, whether any particular crossing of a railroad and a public highway or street is sufficiently hazardous as to require the installation of automatic warning signals or devices at such crossing, provided, that a public hearing shall not be required if the parties in interest have entered into an agreement for the construction of such crossing and for the apportionment between them of the cost of acquiring and installing such automatic warning signals or devices and provided further such agreement assesses the cost at not to exceed the amounts prescribed in subsection B.

B. If the commission finds that any crossing requires the installation of automatic warning signals or devices, it shall order such installation, and if the parties in interest are unable to agree upon the apportionment of the cost of acquisition and installation, then the cost shall be borne as follows:

1. The railroad, fifty per cent.

2. Where a city street is involved: the city, fifty per cent.

3. Where a county highway is involved: the county, fifty per cent.

4. When a state highway is involved: the state highway fund, fifty per cent.

5. City, county or state highway funds may be used to finance the cost of installation of automatic warning signals or devices in amounts greater than those set forth in this subsection, provided that federal funds are available for and are actually reimbursed to the city, county or state highway to cover the cost of the installation.

C. When a railroad has installed automatic signals or warning devices pursuant to order of the commission, it shall secure reimbursement for that portion of the cost thereof which, in accordance with the agreement of the parties in interest or the provisions hereof, is to be borne by others, by filing verified claims with the appropriate fiscal officers, and such claims shall be approved and paid without reference to or limitation by the provisions of any other law. For the purpose of determining the amount of reimbursement to which the railroad is entitled, the commission shall retain jurisdiction of the matter and upon completion of the installation of the automatic signals and warning devices, shall make a determination as to the cost of installing same, including but not limited to, the cost of acquisition and expense of installation.
A.R.S. § 40-842 — Arizona Code / Title 40 / Chapter 4 / Article 3 / Section 842
40-842 Service of complaint; answer; hearing; intervention
Status: in_force

40-842. Service of complaint; answer; hearing; intervention

When an employee files a complaint with the commission charging violation of regulations of the commission, or the commission upon its own initiative issues a complaint, the person complained of shall be served with a copy thereof and shall, within twenty days, file a written answer with the commission. Within ten days after the answer is filed the commission shall set a date for hearing the complaint at a place convenient to both the complainant and the person complained of. The commission may, in its discretion, permit any interested person or organization to intervene. A party to the hearing may appear and be heard in person or by his representative, and may examine or cross-examine witnesses or present other evidence. On motion of a party, the commission may allow a continuance of not to exceed thirty days.
A.R.S. § 40-360.07 — Arizona Code / Title 40 / Chapter 2 / Article 6.2 / Section 360.07
40-360.07 Compliance by utility; commission order
Status: in_force

40-360.07. Compliance by utility; commission order

A. No utility may construct a plant or transmission line within this state until it has received a certificate of environmental compatibility from the committee with respect to the proposed site, affirmed and approved by an order of the commission which shall be issued not less than thirty days nor more than sixty days after the certificate is issued by the committee, except that within fifteen days after the committee has rendered its written decision any party to a certification proceeding may request a review of the committee's decision by the commission.

B. The grounds for review shall be stated in a written notice filed with the commission with a copy thereof served on the chairman of the committee. The committee shall transmit to the commission the complete record, including a certified transcript, and the review shall be conducted on the basis of the record. The commission may, at the request of any party, require written briefs or oral argument and shall within sixty days from the date the notice is filed either confirm, deny or modify any certificate granted by the committee, or in the event the committee refused to grant a certificate, the commission may issue a certificate to the applicant. In arriving at its decision, the commission shall comply with the provisions of section 40-360.06 and shall balance, in the broad public interest, the need for an adequate, economical and reliable supply of electric power with the desire to minimize the effect thereof on the environment and ecology of this state.

C. The committee or any party to a decision by the commission pursuant to subsection B of this section may request the commission to reconsider its decision within thirty days after the decision is issued. A request for reconsideration made pursuant to this subsection shall set forth the grounds upon which it is based and state the manner in which the party believes the commission unreasonably or unlawfully applied or failed to apply the criteria set forth in section 40-360.06. The decision of the commission is final with respect to all issues, subject only to judicial review as provided by law in the event of an appeal by a person having a legal right or interest that will be injuriously affected by the decision.
A.R.S. § 40-374 — Arizona Code / Title 40 / Chapter 2 / Article 7 / Section 374
40-374 Prohibition of rebates and agreements
Status: in_force

40-374. Prohibition of rebates and agreements

Except as otherwise provided in this chapter, no public service corporation shall charge, demand, collect or receive a greater, less, or different compensation for transportation of persons or property, or for any product or commodity, or for any service rendered in connection therewith, than the rates, fares, tolls, rentals and charges applicable to such transportation or product, commodity or service specified in its schedule on file and in effect at the time, nor shall any public service corporation refund or remit, directly or indirectly, in any manner or by any device, any part of the rates, fares, tolls, rentals and charges so specified, nor extend to any person any form of contract, agreement, or any rule or regulation, or any facility or privilege, except such as are regularly and uniformly extended to all persons and except upon order of the commission.
A.R.S. § 40-882 — Arizona Code / Title 40 / Chapter 4 / Article 4 / Section 882
40-882 Train crews; penalty for violation of full crew requirements
Status: in_force

40-882. Train crews; penalty for violation of full crew requirements

A. It is unlawful for any railroad company, or for the receiver of such company, to run upon any railroad or any part thereof within this state, any train, locomotive or engine which does not carry for use in its operation, a full crew as provided by section 40-881.

B. Each railroad company or receiver who runs upon any railroad or any part thereof within this state, any train, locomotive or engine which does not carry in its operation a full crew as provided by section 40-881, is liable to the state for a penalty of not less than one hundred dollars for every such offense.

C. All actions for penalties to be recovered under this section shall be brought and prosecuted to judgment in the name of the state, as plaintiff, in a court of competent jurisdiction in the county of Maricopa, or in any county in the state into or through which the defendant's railroad line is operated, and the action shall be brought and prosecuted by the attorney general or under his direction, or by the county attorney of any such county.
A.R.S. § 40-370 — Arizona Code / Title 40 / Chapter 2 / Article 7 / Section 370
40-370 Water utility surcharges to recover operating costs; notice; definition
Status: in_force

40-370. Water utility surcharges to recover operating costs; notice; definition

A. Subject to the limitations provided in subsection D, the commission shall authorize water utilities to recover increases in specific operating costs by means of a surcharge on water sales and to reduce rates when those specific operating costs decrease. The operating costs that may be considered in this procedure are limited to specific, readily identifiable costs that are subject to the control of another person, including the cost of purchasing electricity or gas, the cost of purchasing water from another utility, municipality or district and the payment of ad valorem taxes or any similar tax or assessment levied on the water utility. The surcharge shall not exceed ten per cent of current rates.

B. The water utility shall file written notice of a surcharge or rate decrease pursuant to this section with the commission, clearly advising the commission of:

1. The specific operating cost being considered for the rate decrease or recovery by the surcharge.

2. The amount of the operating cost being considered for the rate decrease or recovery by the surcharge.

3. The timing and method of cost recovery or rate reduction.

C. The water utility shall also deliver to each customer with the customer's next bill for service a notice of the proposed surcharge or rate reduction. This notice to customers shall include the following information:

1. The information prescribed by subsection B.

2. The customer's right to comment on the proposed surcharge or rate reduction.

3. The address and telephone number of the commission.

D. A surcharge imposed by this section is effective thirty days after the date on which the water utility files the written notice with the commission, unless within that time the commission in its discretion adjusts or denies the surcharge or determines that further investigation of the surcharge is required. The commission shall notify the water utility in writing of a decision to adjust or deny the surcharge or to further investigate the appropriateness of the surcharge. If the commission determines that further investigation of the surcharge is required, the commission may conduct a hearing regarding the appropriateness of the surcharge. If the commission does not issue a decision within one hundred twenty days after the date the water utility files the written notice, the surcharge is effective without further action.

E. For purposes of this section, "water utility" means a public service corporation that is subject to the commission's jurisdiction and that engages in supplying water utility service in this state.
A.R.S. § 40-1147 — Arizona Code / Title 40 / Chapter 6 / Article 4 / Section 1147
40-1147 Supplemental law
Status: in_force

40-1147. Supplemental law

The powers conferred by articles 2, 3 and 4 of this chapter shall be in addition to and supplemental to the powers conferred by any other law, general or special. Articles 2, 3 and 4 of this chapter shall, without reference to any other provision in this title, or to any other law, general or special, be deemed full authority for the acquisition of property for future public transit needs under articles 2, 3 and 4 of this chapter, for entering into contracts in connection therewith, and for the authorization, issuance and sale of the bonds pursuant to article 4 of this chapter and without regard to the procedure required by any other such law.
A.R.S. § 40-427 — Arizona Code / Title 40 / Chapter 2 / Article 9 / Section 427
40-427 Violations by corporations other than public service corporations; violations by officers, agents or employees of corporations other than public service corporations; classification
Status: in_force

40-427. Violations by corporations other than public service corporations; violations by officers, agents or employees of corporations other than public service corporations; classification

A. Every corporation, other than a public service corporation, which violates any provisions of this chapter, or which fails to obey or comply with any order, rule or requirement of the commission, for which the penalty is not otherwise provided for such corporation, is guilty of a class 1 misdemeanor.

B. Every person who either individually, or acting as an officer, agent or employee of a corporation other than a public service corporation, violates any provision of this chapter, or fails to obey or comply with any order, rule or requirement of the commission, or who procures any public service corporation in its violation or in its failure to obey or comply with any such order, rule or requirement, for which a penalty for violation is not otherwise provided, for such person, is guilty of a class 1 misdemeanor.
A.R.S. § 40-1139 — Arizona Code / Title 40 / Chapter 6 / Article 4 / Section 1139
40-1139 Annual financial statement of authority; estimate of expenses; notice of hearing on estimate
Status: in_force

40-1139. Annual financial statement of authority; estimate of expenses; notice of hearing on estimate

A. The board of directors of each metropolitan public transit authority, on or before the third Monday in July each year, shall prepare a full and complete statement of the financial affairs for the preceding fiscal year and an estimate of the different amounts which will be required to meet the expense for the current fiscal year. The estimate shall include an estimate of the amount of money required for each item of expenditure necessary for authority purposes, the amounts necessary to pay the interest and principal of outstanding bonds, the items and amounts of levy provided by law and an amount for unanticipated contingencies or emergencies.

B. The estimate shall be entered upon the minutes of the board and shall be fully itemized showing under separate heads the following:

1. The amounts estimated as required for each department, office or official, for each improvement, for the maintenance of structures and institutions and for the salaries of officers.

2. The separate amounts proposed for construction, maintenance, engineering and administration of the facilities of the authority.

3. A full and complete disclosure and statement of the contemplated expenditures for the ensuing year, showing the amount proposed to be expended from each separate fund and the total amount of proposed expense.

C. The estimate shall also contain:

1. A statement of the receipts for the previous year from sources other than direct property taxes.

2. The amounts estimated to be received during the current fiscal year from sources other than direct property taxes.

3. The amounts actually levied and the amounts actually collected for authority purposes upon the tax rolls of the previous fiscal year.

4. The amount proposed to be raised by direct property taxation for the current fiscal year.

D. The estimate required by this section shall be published with a notice that the board will hold a hearing on such estimate for the purposes provided in section 40-1140. Such publication shall be once a week for at least two consecutive weeks in the official newspaper of the county, if there is one, and if not, in a newspaper of general circulation therein.
A.R.S. § 40-254 — Arizona Code / Title 40 / Chapter 2 / Article 3 / Section 254
40-254 Action to set aside or modify certain orders of commission; filing; limitation; superior court
Status: in_force

40-254. Action to set aside or modify certain orders of commission; filing; limitation; superior court

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 in the superior court in the county in which the commission has its office, against the commission as defendant, to vacate, set aside, affirm in part, reverse in part or remand with instructions to the commission such order or decision on the ground that the valuation, rate, joint rate, toll, fare, charge or finding, rule, classification or schedule, practice, demand, requirement, act or service provided in the order or decision is unlawful, or that any rule, practice, act or service provided in the order is unreasonable. The answer of the commission shall be served and filed within twenty days after service of the complaint, whereupon the action shall be at issue and ready for trial upon 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 commission rescinds the order complained of, the action shall be dismissed, and if the commission alters, modifies or amends the order, the altered, modified or amended order shall replace the original order complained of, and judgment shall be given thereon as though made by the commission in the first instance.

C. The trial shall conform, as nearly as possible, and except as otherwise prescribed by this section, to other trials in civil actions. Judgment shall be given affirming, modifying or setting aside the original or amended order.

D. Either party to the action, or the attorney general on behalf of the state, within thirty days after the judgment of the superior court is given, may appeal to the supreme court.

E. In all trials, actions and proceedings the burden of proof shall be upon the party adverse to the commission or seeking to vacate or set aside any determination or order of the commission to show by clear and satisfactory evidence that it is unreasonable or unlawful.

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 commission, or to enjoin, restrain or interfere with the commission in the performance of its official duties, and the rules, orders or decrees fixed by the commission shall remain in force pending the decision of the courts, but a writ of mandamus shall lie from the supreme court to the commission in cases authorized by law.
A.R.S. § 40-360.11 — Arizona Code / Title 40 / Chapter 2 / Article 6.2 / Section 360.11
40-360.11 Jurisdiction of courts
Status: in_force

40-360.11. Jurisdiction of courts

Subject to the rights to judicial review recognized in sections 40-254 and 40-360.07, no court in this state has jurisdiction to hear or determine any case or controversy concerning any matter which was or could have been determined in a proceeding before the committee or the commission under this article or to stop or delay the construction or operation of any facility, except to enforce compliance through the procedures established by article 3 of this chapter.
A.R.S. § 40-604 — Arizona Code / Title 40 / Chapter 3 / Article 1 / Section 604
40-604 Commission authority; jurisdiction
Status: in_force

40-604. Commission authority; jurisdiction

A. On an applicant's receipt of the net proceeds of the issuance of the transition bonds under section 40-606, subsection A, the commission has the authority to ensure that:

1. Any undepreciated value of the transition assets on the applicant's books are reduced by the corresponding amount, including any reductions in associated regulatory assets or recorded liabilities, as applicable.

2. Any regulatory assets that are related to significant event recovery costs are reduced by that corresponding amount.

3. Any incurred costs of a recorded liability that are incurred and associated with significant event recovery costs are reduced by that corresponding amount.

B. This chapter does not abrogate or prevent the commission's authority to do any of the following:

1. Establish and regulate rates of public service corporations.

2. Investigate the practices of public service corporations.

3. Review and audit the books and records of public service corporations, including the actions taken under a transition billing services tariff and the receipt, handling and remittance to the qualified special purpose entity of financing revenues.

4. Investigate an applicant's compliance with the terms and conditions of a financing order and to require that the applicant comply with the financing order.

5. Impose regulatory sanctions on an applicant for the wilful failure to comply with a financing order or this chapter.

C. The commission shall not order or require, directly or as a condition for any other action or finding, a public service corporation to apply for permission to initiate a securitization transaction under this chapter or to engage in a transaction authorized by this chapter.

D. Except as provided in section 40-610, this chapter does not preclude the commission from considering the bill impact of unit financing charges when determining the design of the rates within its jurisdiction or the allocation of the costs to and among persons or groups of persons paying the rates.
A.R.S. § 40-360.23 — Arizona Code / Title 40 / Chapter 2 / Article 6.3 / Section 360.23
40-360.23 Making excavation in careful, prudent manner; liability for negligence; notice; obliteration of marks
Status: in_force

40-360.23. Making excavation in careful, prudent manner; liability for negligence; notice; obliteration of marks

A. Except as otherwise provided in section 40-360.28, subsection E, obtaining information as required by this article does not excuse any person making any excavation from doing so in a careful and prudent manner, nor shall it excuse such persons from liability for any damage or injury resulting from their negligence.

B. Except as otherwise provided in section 40-360.22, subsection D, after markings have been made pursuant to section 40-360.22, an excavator shall notify either the underground facilities operator or an organization designated by the underground facilities operator if the excavator encounters an underground facility that has not been located and marked or has been marked in the wrong location.

C. An excavator or an underground facilities operator shall not move or obliterate markings made pursuant to this article or fabricate markings in an unmarked location for the purpose of concealing or avoiding liability for a violation of or noncompliance with this article.
A.R.S. § 40-605 — Arizona Code / Title 40 / Chapter 3 / Article 1 / Section 605
40-605 Transition property; property rights; default on transition bonds
Status: in_force

40-605. Transition property; property rights; default on transition bonds

A. Transition property is immediately created by operation of law on the latter of the approval of a financing order, the creation and capitalization of the qualified special purpose entity and issuance and receipt of value for the applicable transition bonds.  Transition property continues to exist until the corresponding transition bonds and all ongoing financing costs related to the transition bonds have been fully paid. On creation, transition property belongs to the qualified special purpose entity.  A qualified special purpose entity may not conduct any business unrelated to owning, protecting and administering the transition property or issuing, marketing, placing, authorizing, supporting, replaying, refinancing, servicing, administering or refunding transition bonds.

B. Transition property constitutes a vested, existing, present, continuing and irrevocable property right for all purposes, notwithstanding the fact that the value of the property may depend on, or be affected by, events or actions that have not yet occurred.  Transition property shall not be an asset of the applicant or any other public service corporation.

C. An applicant may not have an ownership or beneficial interest or any claim of right in the transition property, other than the requirement to calculate, impose, charge, collect and receive the financing charges as servicer and transfer the resulting financing revenues to the qualified special purpose entity that is entitled to receive those financing revenues.

D. The qualified special purpose entity may pledge all or any portion of the transition property to secure the timely and complete payment of transition bonds and financing costs.

E. Transition property, financing charges, financing revenues and the interests of a financing party or any other person in transition property or in financing revenues are not subject to offset, counterclaim, surcharge or defense by a servicer, a customer, an applicant, a creditor of an applicant, a creditor of the qualified special purpose entity or any other person, or in connection with any default, bankruptcy, reorganization or other insolvency proceeding of any such person.

F. If there is a default on the transition bonds, both of the following apply:

1. Any secured party has the right to foreclose on transition property or otherwise enforce its rights as to the transition property in the same manner as if it were a secured party under the uniform commercial code.

2. On application by an interested party, and without limiting paragraph 1 of this subsection or any other remedies available to the applying party, a court shall order the sequestration and payment of the monies arising from the transition property to the person that is entitled to receive the monies.  The order shall remain in full force and effect notwithstanding any bankruptcy, reorganization or other insolvency or receivership proceedings of an applicant or the qualified special purpose entity.

G. For the purposes of this chapter, transition property shall be in existence regardless of whether the revenues or proceeds with respect to such property have accrued and regardless of whether the value of the property right is dependent on customers receiving service.
A.R.S. § 40-430 — Arizona Code / Title 40 / Chapter 2 / Article 9 / Section 430
40-430 Limitations on requiring bond of employees by common carrier; violation; classification
Status: in_force

40-430. Limitations on requiring bond of employees by common carrier; violation; classification

A. A common carrier doing business in this state requiring an employee to give a bond or undertaking of any nature, shall not require the employee to have the bond or undertaking executed as surety by any particular person, and the carrier shall not reject any such bond or undertaking for any reason other than the financial insufficiency of the surety.

B. A person violating this section is guilty of a class 1 misdemeanor.

C. Any bond or undertaking made in violation of this section hereof is void.
A.R.S. § 40-609 — Arizona Code / Title 40 / Chapter 3 / Article 1 / Section 609
40-609 Public service corporation as servicer; transition billing services tariffs; AAA rating
Status: in_force

40-609. Public service corporation as servicer; transition billing services tariffs; AAA rating

A. If a servicer is a public service corporation, the public service corporation shall use its resources and systems to perform the duties of a servicer under a transition billing services tariff.  The commission has continuing jurisdiction over the terms of a transition billing services tariff that is filed and maintained by a public service corporation.

B. Funds that are collected by a servicer in payment of financing charges, whether under a transition billing services tariff or otherwise, are financing revenues when paid by a customer, and the servicer has no right, title or interest in those revenues other than as agent for the qualified special purpose entity.  If a customer pays only a portion of the charges stated on a bill provided by a servicer that includes financing charges, the partial payment shall be first applied to the payment of financing charges.

C. If a servicer fails to make any required payment of financing revenues to a qualified special purpose entity or fails to fulfill its servicing obligations under an applicable transition billing services tariff, the qualified special purpose entity or the holders of the transition bonds may request that the superior court order the sequestration and payment of the financing revenues for the benefit of any financing parties or their assignees and may request any other applicable relief.  The order shall remain in full force and effect notwithstanding any bankruptcy, reorganization or other insolvency or receivership proceedings of the servicer or the qualified special purpose entity.

D. If this state, whether through order of the commission or otherwise, allows the billing, collection and remittance by a third party of sums that would otherwise be billed, collected or remitted by a public service corporation that acts as a servicer, the authorization must be consistent with the rating agencies' requirements that are necessary for the transition bonds to receive and maintain an AAA or equivalent rating.
A.R.S. § 40-326 — Arizona Code / Title 40 / Chapter 2 / Article 6 / Section 326
40-326 Duty of railroad company to make connection with track of private shipper; conditions
Status: in_force

40-326. Duty of railroad company to make connection with track of private shipper; conditions

A. Every railroad corporation, upon application of a shipper or receiver or contemplated shipper or receiver of freight for a connection between the railroad of such corporation and an existing or contemplated private track or railroad of such person, shall make such connection and provide switches and tracks necessary, and deliver and receive cars thereover upon condition that the connection is reasonably practicable and can be installed and used without materially increasing the hazard of the operation of the railroad with which the connection is sought, and that the business which may reasonably be expected to be received by the railroad corporation over the connection is sufficient to justify the expense of the connection to the railroad corporation.

B. Under the conditions set forth in subsection A, every railroad corporation, upon application of a shipper or receiver or contemplated shipper or receiver of freight, shall construct upon its right of way a spur to receive and deliver freight.
A.R.S. § 40-1141 — Arizona Code / Title 40 / Chapter 6 / Article 4 / Section 1141
40-1141 Metropolitan public transit authority levy
Status: in_force

40-1141. Metropolitan public transit authority levy

The board of supervisors of each county where a metropolitan public transit authority has been established shall annually, at the time of levying other taxes, levy a metropolitan public transit authority tax on the property in the area of a public transit authority in which an additional amount is required, as determined by the authority pursuant to section 40-1140. The tax shall be at a rate sufficient to provide the additional amount. The tax shall be added to and collected in the same manner as other county taxes on the property within the area of the authority. The amount of the metropolitan public transit authority tax levied upon the property in the area of a particular authority shall be paid to the treasurer of such authority.
A.R.S. § 40-301 — Arizona Code / Title 40 / Chapter 2 / Article 5 / Section 301
40-301 Issuance of stocks and bonds; authorized purposes
Status: in_force

40-301. Issuance of stocks and bonds; authorized purposes

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 is vested in the state, and such power shall be exercised as provided by law and under rules, regulations and orders of the commission.

B. A public service corporation may issue stocks and stock certificates, bonds, notes and other evidences of indebtedness payable at periods of more than twelve months after the date thereof, only when authorized by an order of the commission.

C. The commission shall not make any order or supplemental order granting any application as provided by this article unless it finds that such issue is for lawful purposes which are within the corporate powers of the applicant, are compatible with the public interest, with sound financial practices, and with the proper performance by the applicant of service as a public service corporation and will not impair its ability to perform that service.

D. The provisions of this article shall not apply to foreign public service corporations providing communications service within this state whose physical facilities are also used in providing communications service in interstate commerce.
A.R.S. § 40-343 — Arizona Code / Title 40 / Chapter 2 / Article 6.1 / Section 343
40-343 Petition of owners and petition of public service corporation or public agency for establishment of underground conversion service area; notice of proposed lien
Status: in_force

40-343. Petition of owners and petition of public service corporation or public agency for establishment of underground conversion service area; notice of proposed lien

A. Within ninety days after the joint report referred to in section 40-342 is made available to the petitioners, not less than sixty per cent of the owners of real property within the area who own not less than sixty per cent of the real property within the area excluding public places may petition each public service corporation or public agency rendering electric or communication service in the area for establishment of an underground conversion service area in the same area as described in the original petition or petitions.

B. The public service corporation or corporations shall within sixty days thereafter petition the corporation commission or if not under the jurisdiction of the corporation commission, the board of supervisors or the city or town council for establishment of such an underground conversion service area.

C. The public agency or agencies shall within sixty days thereafter petition the board of supervisors for establishment of an underground conversion service area.

D. Upon filing the petition for the establishment of an underground service area, the public service corporation or corporations or public agency or agencies shall record in the office of the county recorder of the county where the proposed conversion service area is located a notice of proposed lien which shall contain the following:

1. The legal description of each lot or parcel upon which the proposed lien shall be claimed.

2. A statement that a petition for the establishment of an underground conversion service area has been filed with the corporation commission, board of supervisors or city or town council, as the case may be.

3. The public service corporation or public agency which will claim the lien.

4. A statement of the estimated costs to be assessed against each lot or parcel located within the proposed underground conversion service area for placing underground the facilities of the public service corporation or public agency should the corporation commission, board of supervisors or city or town council order the establishment of the underground conversion service area.
A.R.S. § 40-204 — Arizona Code / Title 40 / Chapter 2 / Article 1 / Section 204
40-204 Reports by public service corporations to commission; duty of corporation to deliver documents to commission; confidential nature of information furnished; exception; classification
Status: in_force

40-204. Reports by public service corporations to commission; duty of corporation to deliver documents to commission; confidential nature of information furnished; exception; classification

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 the provisions of this title and shall make specific answers to all questions submitted by the commission. If a corporation is unable to answer any question, it shall give a good and sufficient reason therefor.

B. When required by the commission, a public service corporation shall deliver to the commission copies of any maps, profiles, contracts, franchises, books, papers and records in its possession, or in any way relating to its property or affecting its business, and also a complete inventory of all its property in the form the commission directs.

C. No information furnished to the commission by a public service corporation, except matters specifically required to be open to public inspection, shall be open to public inspection or made public except on order of the commission entered after notice to the affected public service corporation, or by the commission or a commissioner in the course of a hearing or proceeding.

D. Any officer or employee of the commission who knowingly divulges any such information is guilty of a class 2 misdemeanor.
A.R.S. § 40-356 — Arizona Code / Title 40 / Chapter 2 / Article 6.1 / Section 356
40-356 Nonseverability
Status: in_force

40-356. Nonseverability

If any provision of this article be held invalid, such invalidity shall invalidate this article in its entirety, and to this end the provisions of this article are declared to be nonseverable.
A.R.S. § 40-371 — Arizona Code / Title 40 / Chapter 2 / Article 7 / Section 371
40-371 Limitation of passenger fares to three cents per mile; exceptions; violation; classification
Status: in_force

40-371. Limitation of passenger fares to three cents per mile; exceptions; violation; classification

A. A company or corporation operating a railroad, other than a street or electric railroad, in whole or in part within this state, shall not ask, demand or receive for first class transportation for each passenger between points within this state, on the portion of its railroad operated within this state, more than three cents per mile, until otherwise provided by law. The corporation commission may exempt any railroad from the operation of this section upon satisfactory proof that the railroad cannot earn a just and reasonable compensation for the services rendered by it to the public if not permitted to charge more than three cents per mile for the transportation of passengers within this state.

B. If any railroad operating within this state makes application to the commission to be exempt from the operation of this section, and the application is accompanied by an affidavit showing facts that the railroad cannot earn a just and reasonable compensation for services rendered by it to the public if not permitted to charge more than three cents per mile for the transportation of passengers within this state, then the operation of this section shall be suspended pending the hearing upon the application and until final judgment is given by the commission upon the application.

C. Any company or corporation operating a railroad, as provided in subsection A, which violates any of the provisions of this section is guilty of a petty offense. Each violation shall constitute a separate offense.
A.R.S. § 40-1206 — Arizona Code / Title 40 / Chapter 7 / Article 1 / Section 1206
40-1206 Injunction; parties
Status: in_force

40-1206. Injunction; parties

A. Any person who violates or proposes to violate this chapter may be enjoined by any court of competent jurisdiction. The court may make such orders or judgments, including the appointment of a receiver, as may be necessary to prevent the use or employment by any person of any practices which violate this chapter, or which may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of any practice which violates any provision of this chapter.

B. Actions for injunction under this section may be prosecuted by the attorney general or any county attorney or city attorney in this state in the name of the people of the state upon their own complaint or upon the complaint of any board, officer, person, corporation or association or by any person acting for the interests of itself, its members or the general public.
A.R.S. § 40-253 — Arizona Code / Title 40 / Chapter 2 / Article 3 / Section 253
40-253 Application for rehearing; hearing; effect; decision
Status: in_force

40-253. Application for rehearing; hearing; effect; decision

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 within twenty days of entry of the order or decision. Unless otherwise ordered, the filing of such an application does not stay the decision or order of the commission. If the commission does not grant the application within twenty days, it is deemed denied. If the commission grants the application, the commission shall promptly hear the matter and determine it within twenty days after final submission.

B. No claim arising from any order or decision of the commission shall accrue in any court to any party or the state unless the party or the state makes, before the effective date of the order or decision, application to the commission for a rehearing.

C. The application shall set forth specifically the grounds on which it is based, and no person, nor the state, shall in any court urge or rely on any ground not set forth in the application.

D. An application for rehearing shall not excuse any person from complying with and obeying any order or decision, or any requirements of any order or decision of the commission theretofore made, or operate in any manner to stay or postpone the enforcement thereof, except in such cases and upon such terms as the commission 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 commission finds that the original order or decision or any part thereof is in any respect unjust or unwarranted, or should be changed, the commission may abrogate, change, or modify the order or decision, and such order or decision has the same force and effect as an original order or decision, but shall not affect any right or the enforcement of any right arising from or by virtue of the original order or decision, unless so ordered by the commission.
A.R.S. § 40-360.12 — Arizona Code / Title 40 / Chapter 2 / Article 6.2 / Section 360.12
40-360.12 Jurisdiction of the commission
Status: in_force

40-360.12. Jurisdiction of the commission

Except as specifically provided for in this article nothing in this article shall confer upon the commission the power or jurisdiction to regulate or supervise any person, that is not otherwise a public service corporation regulated and supervised by the commission. Nothing contained in this article shall confer upon the commission the power or jurisdiction to regulate or establish the rates, regulations or conditions of service of any such person.
A.R.S. § 40-367 — Arizona Code / Title 40 / Chapter 2 / Article 7 / Section 367
40-367 Changes of rates; notice; filing; exception
Status: in_force

40-367. Changes of rates; notice; filing; exception

A. No change shall be made by any public service corporation in any rate, fare, toll, rental, charge or classification, or in any rule, regulation or contract relating to or affecting any rate, toll, fare, rental, charge, classification or service, or in any privilege or facility, except after thirty days notice to the commission and to the public as provided in this chapter.

B. Notice shall be given by filing with the commission and keeping open for public inspection new schedules stating plainly the change to be made in the schedules then in force, and the time when the change will go into effect.

C. The commission, for good cause shown, may allow changes without requiring the thirty days notice provided for in this section by an order specifying the changes so to be made and the time when they shall take effect, and the manner in which they shall be filed and published.

D. When any change is proposed attention shall be directed to the change on the schedule filed with the commission by some mark, designated by the commission, immediately preceding or following the item.
A.R.S. § 40-101 — Arizona Code / Title 40 / Chapter 1 / Article 1 / Section 101
40-101 Interest of commissioner or employee prohibited in corporation subject to regulation
Status: in_force

40-101. Interest of commissioner or employee prohibited in corporation subject to regulation

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 therein, shall not be elected, appointed to, or hold the office of commissioner or be appointed or employed by the commission. If a commissioner, or appointee or employee of the commission becomes the owner of such stocks or bonds, or becomes pecuniarily interested in such a corporation involuntarily, he shall within a reasonable time divest himself of such stocks, bonds or interest. If he fails to do so, he thereby vacates his office or employment.
A.R.S. § 40-495 — Arizona Code / Title 40 / Chapter 2 / Article 12 / Section 495
40-495 Excess damages considered in establishing rates
Status: in_force

40-495. Excess damages considered in establishing rates

Damages recovered in excess of actual damages sustained by the utility shall be considered by a public service corporation in establishing its utility rates.
A.R.S. § 40-334 — Arizona Code / Title 40 / Chapter 2 / Article 6 / Section 334
40-334 Discrimination between persons, localities or classes of service as to rates, charges, service or facilities prohibited
Status: in_force

40-334. Discrimination between persons, localities or classes of service as to rates, charges, service or facilities prohibited

A. A public service corporation shall not, as to rates, charges, service, facilities or in any other respect, make or grant any preference or advantage to any person or subject any person to any prejudice or disadvantage.

B. No public service corporation shall establish or maintain any unreasonable difference as to rates, charges, service, facilities or in any other respect, either between localities or between classes of service.

C. The commission may determine any question of fact arising under this section.
A.R.S. § 40-360 — Arizona Code / Title 40 / Chapter 2 / Article 6.2 / Section 360
40-360 Definitions
Status: in_force

40-360. Definitions

In this article, unless the context otherwise requires:

1. "Area of jurisdiction" means the state, a county or an incorporated city or town that exercises concurrent or exclusive jurisdiction over a geographical area.

2. "Certificate of environmental compatibility" means the certificate that is required by this article and that evidences the approval by the state of the sites for a plant or transmission line, or both.

3. "Commission" means the corporation commission.

4. "Committee" means the power plant and transmission line siting committee.

5. "Current Arizona electric transmission system" means the existing electric transmission system serving this state and all transmission lines on file with the commission as of January 31 of the previous year.

6. "Facilities" means a plant or transmission line, or both.

7. "Member" means the state official named herein, the employee designee thereof from the department, agency or governing body of such state official member and the public members designated herein.

8. "Person" means any state or agency or political subdivision thereof, or any individual, partnership, joint venture, corporation, city or county, whether located within or without this state, or any combination of such entities.

9. "Plant" means each separate thermal electric, nuclear or hydroelectric generating unit with a nameplate rating of one hundred megawatts or more for which expenditures or financial commitments for land acquisition, materials, construction or engineering exceeding $50,000 have not been made before August 13, 1971.

10. "Transmission line" means five or more new structures that span more than one mile in length as measured from the first structure outside of the substation, switchyard or generating site to which the line connects to the fifth structure and that are erected above ground and support one or more conductors designed for the transmission of electric energy at nominal voltages of one hundred fifteen thousand volts or more and all new switchyards to be used therewith and related thereto for which expenditures or financial commitments for land acquisition, materials, construction or engineering exceeding $50,000 have not been made before August 13, 1971. Transmission line does not include structures located on the substation, switchyard or generating site to which the line connects.

11. "Utility" means any person engaged in the generation or transmission of electric energy.
A.R.S. § 40-335 — Arizona Code / Title 40 / Chapter 2 / Article 6 / Section 335
40-335 Persons who may be given free or reduced rates; definitions; carriage during emergency; annual report of reduced rate carriage
Status: in_force

40-335. Persons who may be given free or reduced rates; definitions; carriage during emergency; annual report of reduced rate carriage

A. No common carrier shall, directly or indirectly, issue, give or tender any free or reduced rate of transportation for passengers between points within this state, except to:

1. Its employees, its officers, agents, surgeons, physicians, attorneys at law, and their families.

2. Members of the police and fire departments in cities and towns when on duty, whether uniformed or not.

3. Ministers of religion, traveling secretaries of railroad young men's christian association, inmates of hospitals and charitable institutions and persons exclusively engaged in charitable work.

4. Indigent and homeless persons, when transported by charitable societies or hospitals, and to the necessary agents employed in such transportation.

5. Inmates of the homes for soldiers, including those about to enter and those returning after discharge, and to the boards of managers of such homes.

6. Necessary caretakers of livestock, poultry, milk and fruit while in transit.

7. Employees on sleeping cars and express cars, and to linemen of telegraph and telephone corporations.

8. Railway mail service employees, post office, custom and immigration inspectors.

9. Newsboys on trains, baggage agents and witnesses attending any legal investigation in which the common carrier is interested.

10. Persons injured in wrecks and physicians and nurses attending such persons.

B. As used in this section:

1. "Employee" includes furloughed or pensioned employees and persons who developed a disability or infirm in the service of the carrier, and the remains of a person killed in the employment of the carrier, and former employees traveling to re-enter the service of the carrier.

2. "Families" includes the families of those persons excepted, also the families of persons killed, widows during widowhood, and minor children during minority, of persons who died while in the service of such common carrier.

C. This section shall not be construed to prohibit the interchange of passes for the officers, agents and employees of common carriers and their families, nor to prohibit any common carrier from carrying passengers free to provide relief in cases of general epidemic, pestilence, or other emergency situation.

D. With the consent of the commission, every common carrier may transport free, or at reduced rates:

1. Former soldiers and sailors for the purpose of attending any convention.

2. Contractors and their employees, material or supplies, engaged or used in construction, operation or maintenance work, on the line of the issuing carrier, to the extent only that such free or reduced rate transportation is provided for in the specifications upon which the contract is based and in the contract itself. Common carriers may also enter into contracts with each other for an exchange of service.

E. Every common carrier shall on the first Monday in July each year, and at other times required by the commission, file with the commission a verified list of all tickets, passes or reduced rate transportation issued for other than actual bona fide money consideration at full established rates during the preceding year, together with the names of the recipients thereof, the amount received therefor, and the reason for issuing them.