A. Complaint may be made by the commission of its own motion, or by any person or association of persons by petition or complaint in writing, setting forth any act or thing done or omitted to be done by any public service corporation in violation, or claimed to be in violation, of any provision of law or any order or rule of the commission, but no complaint shall be entertained by the commission, except upon its own motion, as to the reasonableness of any rates or charges of any gas, electrical, water or telephone corporation, unless it is signed by the mayor or a majority of the legislative body of the city or town within which the alleged violation occurred, or by not less than twenty-five consumers or purchasers, or prospective consumers or purchasers, of the service.
B. All matters upon which complaint may be founded may be joined in one hearing, and a complaint is not defective for misjoinder or nonjoinder of parties or causes, either before the commission, or on review by the courts. The commission need not dismiss a complaint because of the absence of direct damage to the complainant.
C. Upon filing the complaint, the commission shall set the time when and a place where a hearing will be had upon it and shall serve notice thereof, with a copy of the complaint, upon the party complained of not less than ten days before the time set for the hearing, unless the commission finds that public necessity requires that the hearing be held at an earlier date. Service may be made as a summons in a civil action is required to be served, or may be made in any manner giving actual notice, and no irregularity in the service is an excuse or defense.
Notes of Decisions
City of Casa Grande v. Arizona Water Co., 20 P.3d 590 (Ariz. Ct. App. 2001).
· cites it 2× “§§ 40-361 through 40-375 (requiring, inter alia, rates charged by public service corporation to be “just and reasonable,” filing of rate schedules with ACC, and notice before rates are increased); A.”
Qwest Corp. v. Kelly, 59 P.3d 789 (Ariz. Ct. App. 2002).
· cites it 2× “” § 40-202(0(1); see also A.R.S. § 40-246(A) (Commission has authority to adjudicate consumer complaints alleging violations “of any provision of law”).”
Scates v. Arizona Corp. Comm'n, 578 P.2d 612 (Ariz. Ct. App. 1978).
· cites it 2× “A.R.S. §§ 40-246 and 249 authorize proceedings known as “complaint proceedings” with respect to rates.”
S. Pac. Co. v. Arizona Corp. Com'n, 404 P.2d 692 (Ariz. 1965).
· cites it 4× “[3] By A.R.S. § 40-246, the Commission of its own motion or any person may file a petition or complaint in writing setting forth any act or thing done or omitted to be done by any public service corporation in violation of any provision of law, and a hearing shall be had upon…”
Metro Mobile CTS, Inc. v. Newvector Commc'ns, Inc., 661 F. Supp. 1504 (D. Ariz. 1987).
· cites it 2× “at section 40-246. The ACC is empowered to hold hearings on and to prescribe, among other things, just and reasonable practices of public service corporations.”
Arizona Pub. Serv. Co. v. Arizona Corp. Comm'n, 746 P.2d 4 (Ariz. Ct. App. 1987).
· cites it 2× “§ 40-246 (hearing upon complaint against a public service corporation); § 40-249 (hearing upon complaint by a public service corporation); § 40-250 (hearing on rate or other change in operations by public service service corporation); § 40-251 (hearing on evaluation of property…”
Castillo v. Johnson (D. Ariz. 2019).
· cites it 4× “Utility customers may complain to the 21 Commission that the rates charged by a public service corporation violate “any provision 22 of law or any order or rule of the commission,” A.R.S. § 40-246(A), and seek a rehearing 23 of the Commission’s decision within twenty days of…”
Qwest Corp. v. Mark McMahon (Ariz. Ct. App. 2002).
· cites it 2× “” § 40-202(C)(1); see also A.R.S. § 40-246(A) (Commission has authority to adjudicate consumer complaints alleging violations “of any provision of law”).”
— Ariz. Rev. Stat. § 40-246(A) — 4 cases
Qwest Corp. v. Kelly, 59 P.3d 789 (Ariz. Ct. App. 2002).
“” § 40-202(0(1); see also A.R.S. § 40-246(A) (Commission has authority to adjudicate consumer complaints alleging violations “of any provision of law”).”
Castillo v. Johnson (D. Ariz. 2019).
“Utility customers may complain to the 21 Commission that the rates charged by a public service corporation violate “any provision 22 of law or any order or rule of the commission,” A.R.S. § 40-246(A), and seek a rehearing 23 of the Commission’s decision within twenty days of…”
Qwest Corp. v. Mark McMahon (Ariz. Ct. App. 2002).
“” § 40-202(C)(1); see also A.R.S. § 40-246(A) (Commission has authority to adjudicate consumer complaints alleging violations “of any provision of law”).”
— Ariz. Rev. Stat. § 40-246(C) — 1 case
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