Current through Register Vol. 30, No. 52, December 27, 2024
A.
Purpose. It is the purpose of this rule to assist the members of the Arizona
Corporation Commission and its employees in avoiding the possibility of
prejudice, real or apparent, to the public interest in proceedings before the
Commission and hearings before the Arizona Power Plant and Transmission Line
Siting Committee.
B. Application.
The provisions of this rule apply from the time a contested matter is set for
public hearing before the Commission and from the time a notice of siting
hearing is published pursuant to
R14-3-208(A).
The provisions of this rule do not apply to rulemaking proceedings.
C. Prohibitions.
1. No person shall make or cause to be made
an oral or written communication, not on the public record, concerning the
substantive merits of a contested proceeding or siting hearing to a
commissioner or commission employee involved in the decision-making process for
that proceeding or siting hearing.
2. No commissioner or commission employee
involved in the decision-making process of a contested proceeding or siting
hearing shall request, entertain, or consider an unauthorized communication
concerning the merits of the proceeding or siting hearing.
3. The provisions of this rule shall not
prohibit:
a. Communications regarding
procedural matters;
b.
Communications regarding any other proceedings;
c. Intra-agency or non-party communications
regarding purely technical and legal matters;
d. Comments from the general
public;
e. Communications among
hearing officers, non-party staff and commissioners.
D. Remedy.
1. A commissioner or commission employee who
receives an oral or written offer of any communication prohibited by this rule
must decline to receive such communication and will explain that the matter is
pending for determination and that all communication regarding it must be made
on the public record. If unsuccessful in preventing such communications, the
recipient will advise the communicator that the communication will not be
considered, a brief signed statement setting forth the substance of the
communication and the circumstances under which it was made, will be prepared,
and the statement will be filed in the public record of the case or
proceeding.
2. Any person affected
by an unauthorized communication will have an opportunity to rebut on the
record any facts or contentions contained in the communication.
3. If a party to a contested proceeding or
siting hearing makes an unauthorized communication, the party may be required
to show cause why its claim or interest in the proceeding or siting hearing
should not be dismissed, denied, disregarded, or otherwise adversely affected
on account of such violation.
