Arizona Administrative Code
Title 14 - PUBLIC SERVICE CORPORATIONS; CORPORATIONS AND ASSOCIATIONS; SECURITIES REGULATION
Chapter 3 - Corporation Commission - Rules of Practice and Procedure
Article 2 - RULES OF PRACTICE AND PROCEDURE BEFORE POWER PLANT AND TRANSMISSION LINE SITING COMMITTEE
Section R14-3-220 - Unauthorized communications
Universal Citation: AZ Admin Code R 14-3-220
Current through Register Vol. 30, No. 38, September 20, 2024
A. Purpose. It is the purpose of this rule to assist members of the Arizona Power Plant and Line Siting Committee in avoiding the possibility of prejudice, real or apparent, to the public interest in proceedings before the Siting Committee.
B. Application. The provisions of this rule apply from the time a notice of siting hearing is published pursuant to R14-3-208(A).
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 siting hearing to member of the Siting Committee involved
in the decision-making process for that siting hearing.
2. No member of the Siting Committee shall
request, entertain, or consider an unauthorized communication concerning the
merits of a 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. Remedy.
1. A member of the Siting Committee
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
hearing 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 siting hearing.
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 siting hearing
makes an unauthorized communication, the party may be required to show cause
why its claim or interest in the siting hearing should not be dismissed,
denied, disregarded, or otherwise adversely affected on account of such
violation.
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