By The Arizona Corporation Commission
On September 11, 2018, the Arizona Corporation Commission (“Commission”) directed the Commission’s Utilities Division (“Staff”) to open a docket for consideration of the following related to the Certificate of Convenience and Necessity (“CC&N”) to provide water and wastewater utility service held by Johnson Utilities, L.L.C. (“Johnson”):
- Complete revocation of Johnson’s entire existing CC&N;
- Deletion from the CC&N of those areas that have no customers and no existing infrastructure and for which no updated requests for service were filed by September 28, 2018;
- Deletion from the CC&N of those areas that have no customers and no existing infrastructure, but for which updated requests for service were filed by September 28, 2018; and
- Deletion of any portion of Johnson’s CC&N that a party believes is in the public interest.
Docket No. WS-02987A-18-0329 was opened for consideration of these issues. Since that time, Docket No. WS- 02987A-18-0329 has been consolidated with two matters in which the Town of Queen Creek (“Queen Creek”) seeks deletion of specific portions of Johnson’s CC&N service area so that those areas can instead be served by Queen Creek and with one matter in which Johnson seeks extension of the filing deadline for a condition imposed when it received an extension of its CC&N.
THE COMMISSION IS NOT BOUND BY THE PROPOSALS MADE BY STAFF, QUEEN CREEK, JOHNSON, OR ANY INTERVENOR TO THIS MATTER. THE COMMISSION WILL DETERMINE THE APPROPRIATE ACTION TO BE TAKEN IN THIS MATTER BASED ON THE EVIDENCE OF RECORD.
How You Can View or Obtain a Copy of the Documents for this Matter
Copies of all documents filed in this matter are available for review at the Commission’s Docket Control Center at 1200 West Washington Street, Phoenix, Arizona, during regular business hours, and on the Commission website (www.azcc.gov) using the e-Docket function.
Arizona Corporation Commission Public Hearing Information
The Commission will hold a hearing on this matter beginning on July 22, 2019, at 10:00 a.m., at the Commission’s offices, 1200 West Washington Street, Phoenix, Arizona. Public comments will be taken on the first day of the hearing.
Written public comments may be submitted by mailing a letter referencing Docket Nos. WS-02987A-18-0329 et al. to Arizona Corporation Commission, Consumer Services Section, 1200 West Washington, Phoenix, AZ 85007, or by submitting comments on the Commission’s website (www.azcc.gov) by clicking on “I Want To” and then clicking on “Submit a Public Comment for a Utility.” If you require assistance, you may contact the Consumer Services Section at 602-542-4251 or 1-800-222-7000.
If you do not intervene in this proceeding, or sign up to receive courtesy emails for this matter through the ACC Portal, you will receive no further notice of the proceedings in this matter. However, all documents filed in this matter are available online (usually within 24 hours after docketing) at the Commission’s website (www.azcc. gov) using the e-Docket function. Additionally, any person can register for an ACC Portal Account (https://efiling.azcc.gov/login) and then sign up to receive courtesy emails for this matter using the “My Dockets” function.
The law provides for an open public hearing at which, under appropriate circumstances, interested persons may intervene. An interested person may be granted intervention if the outcome of the case will directly and substantially impact the person, and the person’s intervention will not unduly broaden the issues in the case. Intervention, among other things, entitles a party to present sworn evidence at hearing and to cross-examine other parties’ witnesses. Intervention is not required if you want to appear at the hearing and provide public comment, or if you want to file written comments in the record of the case.
To request intervention, you must file an original and 13 copies of a written request to intervene with Docket Control, 1200 West Washington, Phoenix, AZ 85007, no later than April 25, 2019. You also must serve a copy of the request to intervene on each party of record on the same day that you file the request to intervene with the Commission. Information about what intervention means, including an explanation of the rights and responsibilities of an intervenor, is available on the Commission’s website (www.azcc.gov) by clicking on “I Want To” and then clicking on “Intervene in a Utility Case.” A fact sheet, a sample residential customer intervention request, and a fillable form are available.
If you choose to request intervention, your request must contain the following:
1.Your name, address, and telephone number, and the name, address, and telephone number of any person upon whom service of documents is to be made, if not yourself;
2.A reference to Docket Nos. WS- 02987A-18-0329, WS-02987A-99-0583, W-02234A-00-0371, WS-02987A-00-0618, W-02859A-00-0774, W-01395A-00-0784, WS-02987A-06-0077, and WS- 02987A-12-0136;
3.A short statement explaining:
- Your interest in the proceeding (e.g., an owner of property within Johnson’s CC&N service area, etc.),
- How you will be directly and substantially affected by the outcome of the case, and
- Why your intervention will not unduly broaden the issues in the case;
4.A statement certifying that you have served a copy of the request to intervene on all parties of record in the case; and
5.If you are not represented by an attorney who is an active member of the Arizona State Bar, and you are not representing yourself as an individual, sufficient information and any appropriate documentation to demonstrate compliance with Arizona Supreme Court Rules 31, 38, 39, and 42, as applicable.
The granting of motions to intervene shall be governed by A.A.C. R14-3-105, except that all motions to intervene must be filed on or before April 25, 2019.
ADA/Equal Access Information
The Commission does not discriminate on the basis of disability in admission to its public meetings. Persons with a disability may request a reasonable accommodation such as a sign language interpreter, as well as request this document in an alternative format, by contacting the ADA Coordinator, Kacie Cannon, E-mail KCannon@azcc.gov, voice phone number 602-542- 3931. Requests should be made as early as possible to allow time to arrange the accommodation.