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ACC Smart Meter Monthly Fee Decision Appealed

Sedona AZ (May 12, 2015)The following is a letter to the SedonaEye.com editor:

smart meters 24Last month the Arizona Corporation Commission (ACC) rescinded the decision they made last December to allow APS to charge customers without “smart” meters a monthly extortion fee. However, the ACC’s decision was just a lame stalling technique, and it was filled with illegalities and lies.

So I appealed it.

The ACC’s April decision that I appealed is here: http://images.edocket.azcc.gov/docketpdf/0000160782.pdf

Below is the Introduction to my appeal which I filed today:  The entire 19 page appeal can be read at the ACC docket here: http://images.edocket.azcc.gov/docketpdf/0000163221.pdf . It actually runs 108 pages, but that’s only because I included some “Exhibits” to help make my points. The 19 page appeal starts after the 2 page cover letter at the above link.

As you’ll see, the ACC has proved what Tacitus said 1,900 years ago: Crime, once exposed, has no refuge but in audacity.

The ACC is tasked with the responsibility to protect AZ ratepayers by weighing the costs and benefits of all state utility requests.

The ACC is tasked with the responsibility to protect AZ ratepayers by weighing the costs and benefits of all state utility requests.

Introduction

As an intervenor in ACC Docket # E-01345A-13-0069, I hereby appeal the commission’s ill-conceived Decision # 75047 for the reasons and facts outlined here in this statement.

In Decision # 75047, the Arizona Corporation Commission (ACC) has outdone itself in lies, lawlessness and legal gymnastics. It seems the ACC will do almost anything to avoid its responsibilities under law and to deny justice.

In this appeal, I will be dissecting the ACC’s Decision # 75047 line by line in the order it was written.

Also addressed will be laws I had not previously realized the ACC was breaking and/or ignoring. These laws are state statutes and codes I came across in the course of researching this appeal.

Much of this appeal will be a repetition of my original appeal filed January 5, 2015 in this docket, and of my response to the ACC’s “sample orders” which the ACC filed in this docket on March 10, 2015 – and both the appeal and the response were largely repetitions of letters I have written the commission over the last 4 years. (Both my original appeal and my response to the “sample orders” are enclosed as Exhibits A and B, and are included as part of this appeal.)

This constant repetition is unfortunately necessary because the ACC refuses to break its pattern of ignoring issues and laws which it cannot address or is unwilling to acknowledge altogether. Indeed, the ACC’s malevolent pattern is so ingrained it can only be considered willful and deliberate. To be blunt, it has become quite clear to me that I am dealing with a pack of incorrigible liars and lawbreakers. That will be proved in detail throughout this appeal.

At the end, it will be obvious that ACC Decision # 75047 is arbitrary and capricious, and that the ACC has abused what discretion it may have had. In short, it will be obvious the ACC has no regard for the law and that Decision # 75047 is completely invalid.

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8 Comments

  1. Three typos in my Notice of Appeal docketed yesterday have come to my attention and are in need of correction.

    1.) Page 4, line 34, the sentence that reads, “Thus, at no time would an executive session seem to fit under the spirit or the word of A.R.S. 40-254(E).” should read “Thus, at no time would an executive session seem to fit under the spirit or the word of A.R.S. 40-253(E).”

    2.) Page 6, line 18, the sentence that reads, “Just because APS is capable of reading meters at quicker intervals does mean the law has changed.” should read “Just because APS is capable of reading meters at quicker intervals does not mean the law has changed.”

    3.) Page 12, line 14, the sentence that reads, “Brazenly, the lie has been repeated in Decision # 74871 as a “Finding of Fact.” should read “Brazenly, the lie has been repeated in Decision # 75047 as a “Finding of Fact.”

  2. Nancy Baer says:

    Notice of Appeal of ACC Order No. 75047

    Sedona Smart Meter Awareness

    Dear Supporters,

    Due to the Notice of Appeal filed on 5/12/15 in response to the ACC’s Order No. 75047 rescinding its Order No. 74871 and requiring APS to have a rate hearing, this newsletter is being sent to you in the interest of timeliness. Please be sure to share the information with your friends and family and keep encouraging residents to opt out!

    Here is Intervenor Warren Woodward’s Appeal:

    http://images.edocket.azcc.gov/docketpdf/0000163221.pdf

    Here are highlights from the Order No. 75047 and the Order itself::

    http://images.edocket.azcc.gov/docketpdf/0000160782.pdf
    Be sure to also read Patricia Ferre’s submission, another intervenor who also provides AZ legal citations:

    http://images.edocket.azcc.gov/docketpdf/0000162045.pdf

    Also, of utmost importance it is my pleasure to furnish more exact figures on the number of opt outs in zip code 86336 . . .

    The figure given in February for the total number of residential customers was accidentally inflated: it included businesses as well as residences. The current true number of residential (household) APS customers in 86336 is 7454. And that means the percentage of opt-outs in the 86336 zip code is currently 39%.

    I’ll be sending another newsletter in a few days with more news I’ve been compiling to send along.

    Nancy
    SedonaSmartMeterAwareness.com

  3. Aha Moment says:

    Opening the garage door to retrieve the curbside garbage can, a truck was idling in the driveway, precipitating the following brief chat:

    Noting the APS sign on the vehicle, it wasn’t a total surprise to hear:

    “Did my truck startle you?” asked the APS employee.

    She answered: “No, I heard the engine running before I opened my garage door. You are sort of a stranger that silently appears every month and I appreciate having a meter that is still personally read and thank you for doing so.”

    APS Meter-Reader: “And I THANK YOU for keeping a meter to read SO I STILL HAVE A JOB!”

    And yet another upside and good reason for hanging onto to those analog meters?

    ~Eddie Maddock

  4. steve segner says:

    Eddie,
    You are always commenting about how the City of Sedona is over staffed.
    Now, meter readers need protection?
    That’s right forget the cost, but why stop with meter readers.
    What about bringing back Weavers and Spinners or buggy whip makers.
    Luddites, forever I’m with you Eddie, lets save all jobs ,It about people, not money.
    Steve

  5. That was an Aha moment….

    Good for you Eddie…

    All this talk about health and no one mentioned the jobs saved by keeping the traditional meters which is the ONLY reasons I kept the one on my house..

    All to often people talk about me..me ..me
    My taxes..my this and my that. And other self-serving interests..
    Good for the APS employees who get to keep thier jobs..

  6. Hey Steve Segner, I’m not aware of being among those who complain about City being over-staffed because simply stated I’m not qualified to ascertain that. In fact, with one exception and as far as I know my rapport with those on City Staff with whom I’m acquainted is aces although we may not agree on all issues. (Now clearly I cannot make the same claim about members of the City Council – past or present.)

    Since weaving and spinning most assuredly fall within the spirit of artistic abilities, to my knowledge it remains well and alive in Sedona. Check with Pam Gunning.

    And as for “buggy whip makers” that sounds like a winner. Especially if bringing back the horse drawn carriages that once transported Sedona tourists from uptown to Tlaquepaque resurfaces as an option to mitigate traffic congestion. Keep in mind, too, that those horsies were equipped not only with feed bags but appropriate “luggage” at the other end as well.

    Three more cheers for Sedona’s economic development! In-your-face solutions abound. Who would have thought . . .

    In the meantime, how about those with Smart Meters consider having them removed and keep our useful APS meter-readers well occupied while at the same time do yourselves the favor of eliminating toxic, unnecessary devices.

    Cheers Steve. Great comment. And good for you, West Sedona Resident, for opting out of a Smart Meter whatever your reason.

    Eddie:-)

  7. sharlett says:

    @steve segner.

    SAY WHAT? YOU don’t realize the APS meter readers have less than nothing to do with the CITY???

    OMG segner! Please focus on the issues. Your comments leave me befuddled, to say the least!

  8. Only place ever see smart meter discussed. Am a Texas reader who values the knowledge & comments! Love Sedona!

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