/ Modified oct 7, 2016 7:10 a.m.

Prior Election Looms over Corporation Commission Race

Candidates say 2014 dark-money funding shows need to refocus the commission.

solar post install spot
Zac Ziegler, AZPM

No one who ran for the Arizona Corporation Commission in 2014 is on this year's ballot, but the election looms over the candidates running for three open seats in November.

The race for two seats on the commission in 2014 was influenced by a political action committee in support of the Republican team that won the race. The source of the PAC's money is secret, but most of the candidates in this year's race think the funds came from the state's largest utility – Arizona Public Service.

Bill Mundell portrait Bill Mundell

Five candidates are on the ballot, and some of them cite the allegations against APS as the reason they are seeking office.

“I really thought I retired from politics, but I’ve been so disheartened and disgusted by the unethical conduct that’s occurred at the commission over the last couple of years,” said Democrat Bill Mundell, a former municipal judge who served on the commission from 1999 to 2009.

"We're running to clean up the commission and remove the taint of improper influences by the state's largest utility that benefits every utility in the state,” said Tom Chabin, the other Democrat in the race.

Chabin served on the Coconino County Board of Supervisors and in the Arizona House of Representatives.

Bob Burns Bob Burns, Arizona corporation commissioner.

Candidates from the Democratic Party are not the only ones who are concerned with the issue. Republican incumbent Bob Burns subpoenaed records from APS to formally track down any political donations. The utility responded by suing Burns.

“If the utility gained undue influence over the commission, they're liable to get the unfair treatment against the ratepayer,” he said.

Republican Boyd Dunn is a past mayor of Chandler and a former municipal court judge. He said his experience in court is what is needed at the commission, which he said is designed to be "quasi-judicial."

"That means every decision needs to be made by commissioners based on the evidence presented at the time of the hearing without prejudgments or a predisposition or influenced by any outside interests,” he said.

The PAC support for the winning Republican candidates two years ago was part of the debate over what APS and Tucson Electric Power should pay to residents for their rooftop solar electricity.

Tobin ACC Corporation Commissioner Andy Tobin

Incumbent Republican Andy Tobin thinks it is time to end the debate and get on with the important work done by the commission.

“There's so many things that we do besides ratemaking, which gets most of the attention," he said.

Tobin, a former speaker of the Arizona House of Representatives, lives in Paulden, a small town north of Prescott. His concern is with the issues faced by rural Arizonans.

“When you get phone calls from your neighbors and they say, ‘We have no water,’ it’s bad enough having arsenic. It’s also bad having uranium. It's even worse having none,” he said.

Water issues are a concern for others seeking a spot on the Corporation Commission, too.

Boyd Dunn ACC Candidate Boyd Dunn
Arizona Secretary of State's website

“The problem is there are some water companies that are not doing well. Some that are not addressing the sufficiency of their supply or the quality of the water,” said Republican challenger Boyd Dunn.

And for some, the best tactic is consolidation.

“We need to work on trying to figure out a way to have these smaller water companies acquired by larger companies who have the resources to adjust to these unexpected changes,” said Republican incumbent Bob Burns.

But, according to some, it is just as important to ensure both quality service and affordable rates.

Tom Chabin portrait Tom Chabin

“How can any of these large utilities making that kind of money justify a rate increase? Well look, I want to be fair. And if it's to improve reliability, if it's to enhance the service level to customers, I’m all for it,” said Democratic challenger Tom Chabin.

“The customers don't have a choice," said Bill Mundell, the race's other Democratic challenger. "They can't take the wires out and plug them in somewhere else, or go somewhere else for the water service or their natural gas service.”

Whoever wins the race could have a significant say in electricity policy. The commission has ongoing cases regarding the amount that utilities pay for excess power generated by rooftop solar panels.

Other pending matters include rate cases from Tucson Electric Power and APS. Those cases will set the electric rates for about half of the state's population.

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