Arizona Administrative Code › Title 14 - PUBLIC SERVICE CORPORATIONS; CORPORATIONS AND ASSOCIATIONS; SECURITIES REGULATION › Chapter 2 - CORPORATION COMMISSION - FIXED UTILITIES › Article 16 - RETAIL ELECTRIC COMPETITION › Section R14-2-1610 - In-state Reciprocity

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				service territories of Arizona electric utilities that are not Affected
				Utilities or Public Power Entities shall not be open to competition under the
				provisions of this Article, nor shall Arizona electric utilities which are not
				Affected Utilities be able to compete for sales in the service territories of
				the Affected Utilities.
B. An
				Arizona electric utility, subject to the jurisdiction of the Commission, that
				is not an Affected Utility or a Public Power Entity may voluntarily participate
				under the provisions of this Article if it makes its service territory
				available for competing sellers, if it agrees to all of the requirements of
				this Article, and if it obtains an appropriate Certificate of Convenience and
				Necessity.
C. An Arizona electric
				utility, not subject to the jurisdiction of the Commission, and that is not a
				Public Power Entity, may submit a statement to the Commission, through Docket
				Control, stating that it voluntarily opens its service territory for competing
				sellers in a manner similar to the provisions of this Article. Such statement
				shall be accompanied by the electric utility's nondiscriminatory Standard Offer
				Tariff, electric supply tariffs, Unbundled Services rates, Stranded Cost
				charges, System Benefits charges, Distribution Services charges and any other
				applicable tariffs and policies for services the electric utility offers, for
				which these rules otherwise require compliance by Affected Utilities or
				Electric Service Providers. Such filings shall serve as authorization for such
				electric utility to utilize the Commission's Rules of Practice and Procedure
				and other applicable rules concerning any complaint that an Affected Utility or
				Electric Service Provider is violating any provision of this Article or is
				otherwise discriminating against the filing electric utility or failing to
				provide just and reasonable rates in tariffs filed under this
				Article.
D. If an electric utility
				is an Arizona political subdivision or municipal corporation other than a
				Public Power Entity, then the existing service territory of such electric
				utility shall be deemed open to competition if the political subdivision or
				municipality has entered into an intergovernmental agreement with the
				Commission that establishes nondiscriminatory terms and conditions for
				Distribution Services and other Unbundled Services, provides a procedure for
				complaints arising therefrom, and provides for reciprocity with Affected
				Utilities or their affiliates. The Commission shall conduct a hearing to
				consider any such intergovernmental agreement.
E. An affiliate of an Arizona electric
				utility which is not an Affected Utility or a Public Power Entity shall not be
				allowed to compete in the service territories of Affected Utilities unless the
				affiliate's parent company, the nonaffected electric utility, submits a
				statement to the Commission, through Docket Control, indicating that the parent
				company will voluntarily open its service territory for competing sellers in a
				manner similar to the provisions of this Article and the Commission makes a
				finding to that effect.
The Arizona
				  Corporation Commission has determined that the following Section is exempt from
				  the Attorney General approval provisions of the Arizona Administrative
				  Procedure Act (A.R.S. § 41-1041 ) by a court order (State ex. rel. Corbin
				  v. Arizona Corporation Commission, 174 Ariz. 216 848 P.2d 301 (App.
				  1992)).