Arizona Revised Statutes

Ariz. Rev. Stat. § 40-332 (2026)

Power of commission to order joint use of facilities belonging to public service corporation

✓ current as of May 2026

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A. When the commission finds that public convenience and necessity require the use by one public service corporation of the equipment, or any part of the equipment, on, over or under any street or highway belonging to another public service corporation, that the use will not result in irreparable injury to the other users thereof or in any substantial detriment to the service and that the public service corporations have failed to agree upon the use or the terms and conditions of the use, the commission may by order direct that such use be permitted and may prescribe reasonable compensation and terms for the joint use. If the use is directed, the corporation to which the use is permitted shall be liable to the owner or other users of the equipment for damage which results therefrom to the property of the owner or other users thereof.

B. Every public service corporation shall allow every electricity supplier and self-generator of electricity access to electric transmission service and electric distribution service under rates and terms and conditions of service that are just and reasonable as determined and approved by regulatory agencies that have jurisdiction over electric transmission service and electric distribution service. Nothing in this subsection limits the access of a public power entity as defined in section 30-801 to the transmission services of public service corporations in accordance with the federal power act, 16 United States Code section 792.

Notes of Decisions

Cited in 2 cases, 2004–2020 · leading case: Phelps Dodge Corp. v. Arizona Elec. Power Co-Op., Inc., 83 P.3d 573 (Ariz. Ct. App. 2004).

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Phelps Dodge Corp. v. Arizona Elec. Power Co-Op., Inc., 83 P.3d 573 (Ariz. Ct. App. 2004). · cites it 2× “Additionally, as the Cooperatives note, the legislature directed public service corporations to open access to transmission and distribution services in A.R.S. § 40-332(B). Thus, if the legislature intended to authorize the Commission to orchestrate implementation of the…”

Johnson Utils. LLC v. Arizona Corp. (Ariz. 2020). “, § 40-325 (Commission may order physical connections between railroad lines); § 40-329 (may order connections and joint rates between telephone and telegraph companies), § 40-332 (may order joint use of facilities belonging to a public service corporation), § 40- 336 (may…”

— Ariz. Rev. Stat. § 40-332(B) — 1 case

Phelps Dodge Corp. v. Arizona Elec. Power Co-Op., Inc., 83 P.3d 573 (Ariz. Ct. App. 2004). “Additionally, as the Cooperatives note, the legislature directed public service corporations to open access to transmission and distribution services in A.R.S. § 40-332(B). Thus, if the legislature intended to authorize the Commission to orchestrate implementation of the…”

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