Jul 9, 2018 - 19 Woodward have been granted intervention. 20. By Procedural Order dated April 16, 2018, the matter was s
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BEFORE THE ARIZONA CORPORATION L
2 COMMISSIONERS
Arizona Corporation Commission
3 TOM FORESE - Chairman BOB BURNS 4 ANDY TOBIN BOYD DUNN 5 JUSTIN OLSON
DOCKETED
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DOCKET CONTROL ma J UL - q P 2 s q
JUL 9
2018
DOCKEFED B
6 7 8 9
IN THE MATTER OF THE FORMAL COMPLAINT AGAINST ARIZONA PUBLIC SERVICE COMPANY FILED BY STACEY CHAMPION AND OTHER ARIZONA PUBLIC SERVICE COMPANY CUSTOMERS.
DOCKET no. E-01345A-18-0002
PROCEDURAL ORDER
BY THE COMMISSION: 10
11
On January 3, 2018, Stacey Champion filed a formal Complaint against Arizona Public Service
12 Company ("APS") with the Arizona Corporation Commission ("Commission") ("Champion 13 Complaint"). The Champion Complaint, signed by Ms. Champion, was submitted in the form of a 14 Change.org petition including Ms. Champion's name and the names of 425 other individuals characterized as customers of APS. 15 16
On February 12, 2018, Mr. Adam Stafford filed a Notice of Appearance of Counsel on behalf
17 of Ms. Champion. lg
Mr. Richard Gayer, a signatory to the petition and an APS customer, and Mr. Warren
19 Woodward have been granted intervention. 20
By Procedural Order dated April 16, 2018, the matter was set for hearing to commence on
21 September 25, 2018, and other procedural guidelines were established. 22
On June 8, 2018, Mr. Gayer filed a "Motion to Compel APS to Answer His Data Requests, Set
23 3 ARCP Rule 37(a) As Required by AAC R-14-3-ll(A)" ("Motion to Compel"). 24
On June 19, 2018, APS filed a Response to Mr. Gayer's Motion to Compel.
25
On June 2 l , 2018, Chairman Forese filed a letter in the docket requesting that the Commission's
26 Utilities Division ("Staff") participate in this proceeding. 27
On June 22, 2018, Mr. Gayer filed a "Reply on Motion to Compel APS to Answer Data
28 Requests, Set 3 ARCP Rule 37(a) As Required by AAC R-14-3-1 l(A)" and requested oral argument.
S:\Jane\APS\l 80002\180002Modifics PC.docx
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DOCKET no. E-01345A-18-0002 1
On June 28, 2018, by Procedural Order, a procedural conference was set for July ll , 2018, for
2 the purpose hearing oral argument on Mr. Gayer's Motion to Compel. 3
On June 29, 2018, Staff filed Notice of Filing Regarding Participation in this Case and Request
4 for Procedural Conference, and proposed a revised schedule for the proceeding. I
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5
On July 2, 2018, by Procedural Order, the procedural conference scheduled for July ll, 2018,
6 was expanded to include discussion of Staffs participation in addition to oral argument on the pending 7 discovery dispute. 8
On July 3, 2018, Ms. Champion filed a Motion to Continue Procedural Conference requesting
9 continuance of the July l l, 2018, Procedural Conference because Ms. Champion is out of the country 10 until after July 14, 2018. l l
On July 6, 2018, Mr. Woodward filed an Objection to Participation by Staff.
12
Under the circumstances, it is reasonable to modify the scope of the July 1 l, 2018, Procedural
13 Conference to only include discussion of the Motion to Compel and to reschedule the discussion of 14 Staff's participation until a later date. 15 16
17
IT IS THEREFORE ORDERED that the scope of the July ll, 2018, Procedural Conference shall be limited to oral argument on the Motion to Compel. IT IS FURTHER ORDERED that a Procedural Conference for the purpose of discussing
18 Staffs involvement in this matter shall commence on July 25, 2018, at 10:30 a.m., or as soon 19 thereafter as is practical, at the Commission's offices, 1200 West Washington Street, Phoenix, Arizona. 20
IT IS FURTHER ORDERED that each party or prospective party shallrefer to the Procedural
21 Order Regarding Consent to Email Service issued in this matter on January 10, 2018, for additional 22 information regarding the process to consent to service by email. information regarding Consent to 23 Email Service is also available on the Commission's website (
.acc.gov) by clicking on "I Want
24 To" and then "Learn about Consenting to Email Service." 25
IT IS FURTHER ORDERED that withdrawal of representation must be made in compliance
26 with A.A.C. R14-3-104(E) and Rule 1.16 of the Rules of Professional Conduct (under Arizona 27 Supreme Court Rule 42). Representation before the Commission includes the obligation to appear at 28 all hearings, procedural conferences, and Open Meetings for which the matter is scheduled for
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DOCKET no. E-01345A-18-0002 1 discussion, unless counsel has previously been granted permission to withdraw by the Administrative 2 3
Law Judge or Commission. IT IS FURTHER ORDERED that all parties must comply with Arizona Supreme Court Rules
4 31, 38, 39, and 42 and A.R.S. §40-243 with respect to the practice of law and admission pro hoc vice. 5
IT IS FURTHER ORDERED th at th e Ex Parte Ru le (A.A.C. R14-3-113 ¢ Un au th o rized
6 Communications) applies to this proceeding and shall remain in effect until the Commission's Decision 7 in this matter is final and non-appealable. 8
IT IS FURTHER ORDERED that the Administrative Law Judge may rescind, alter, amend, or
9 waive any portion of this Procedural Order either by subsequent Procedural Order or by ruling at 10 h ear in g.
11
ow
DATED this
day of July, 2018.
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44/
13 14
ANE L. RODDA CHIEF ADMINISTRATIVE LAW JUDGE
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DOCKET NO. E-01345A-I 8-0002 I 2 3 4 5 6 7 8 9 10
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On this -Wday of July, 2018, the foregoing document was filed with Docket Control as a Procedural Order - Modifies a Previous Procedural Order, and copies of the foregoing were mailed on behalf of the Hearing Division to the following who have not consented to email service. On this date or as soon as possible thereafter, the Commission's eDocket program will automatically email a link to the foregoing to the following who have consented to email service. Adam L.Stafford WONG ANDCARTER P.C. 3003 N. Central Avenue, Suite 1000 Phoenix, AZ 85012 AttorneyforStaceyChampion astafford(ZD.wom1andcarlenzcom sc@champion-prcom
[email protected] [email protected] k.sturl1is(€Dcox.net volcanic(?Dcox.net 1ppdiehl@1z1na1iLoom ioebrk@.
