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Complaint Filed Against ACC Commissioner Tobin at U.S. District Court

Sedona AZ (December 20, 2018) – The following is a letter to the SedonaEye.com editor:

Complaint Filed Against ACC Commissioner Tobin at U.S. District Court
Information and Perspective by Warren Woodward
Sedona, Arizona


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

Today, Arizona Corporation Commission commissioner Andy Tobin was served with a complaint which was filed last week at the U.S. District Court in Phoenix.

Because I am an intervenor in Stacey Champion’s formal complaint against APS regarding its unreasonable new rates, I have “standing” to sue Tobin for denying me due process on account of pro-APS bias.

The complaint is self explanatory. Below are the important parts.

By the way, in the Champion complaint we are now awaiting the administrative law judge’s Recommended Opinion & Order which tells the ACC commissioners how the judge thinks they should vote on the complaint. The vote will most likely come early next year.

Stacey’s lawyer and expert witness have done a great job, but they aren’t working for free, so please make a donation to help offset Stacey’s legal expenses. You can do that here: https://www.fundedjustice.com/StopTheAPSGreed?ref=ab_1VkycxcCFkK1VkycxcCFkK


Andrew Tobin (“Tobin”) is a commissioner of the Arizona Corporation Commission (“ACC”). As a commissioner, he serves in a judicial capacity.

The Arizona Corporation Commission regulates monopoly utilities in the state of Arizona. As such, commissioner Tobin is sitting in judgment of a formal complaint, ACC docket # E-01345A-18-0002, in which Plaintiff is an intervenor. By the following, Tobin has shown himself to have the objective appearance of a constitutionally impermissible level of bias, thus depriving Plaintiff of his Constitutional right to due process.

Former Speaker of the Arizona State House of Representatives Andy Tobin was appointed to fulfill ACC seat vacated by Commissioner Susan Bitter Smith

Tobin has violated the ex parte rule by inappropriate communication with the Respondent to the aforementioned complaint, Arizona Public Service Company (“APS”).

Tobin’s documented frequent, seemingly constant contact with APS’s lobbyists (which included a meeting for drinks which did not show up on Tobin’s public calendar) reveal a pattern of bias.

After the filing of the aforementioned complaint, Tobin used ACC stationery and other commission resources to promote an APS political position. Commissioner Tobin is currently under investigation for this behavior by the Arizona Attorney General.

Before its rate case that established the residential rates that are the subject of the aforementioned complaint (rates for which Tobin voted), APS invested an extraordinary amount of money in Tobin’s election campaign, $1.4 million dollars which was twenty-three times more than the $60,860 total that Tobin’s campaign raised from 86 others.

Based on the above, at the ACC, Plaintiff moved for commissioner Tobin’s recusal from the aforementioned complaint, but Plaintiff’s motion was denied along with Plaintiff’s right to due process.


Plaintiff requests the Court to disqualify ACC commissioner Andrew Tobin from participating in and judging ACC docket # E-01345A-18-0002. Because that docket is in progress, Plaintiff requests immediate relief, or in the alternative, deciding this case on an expedited basis.

Damages: The Plaintiff requests no damages.

Warren Woodward
Sedona AZ

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  1. BL says:

    Thank you, Warren.

  2. Commissioner Elect Sandra Kennedy says:

    Today, Commissioner Elect Sandra Kennedy filed a letter to the Corporation Commission Docket agreeing with Commissioners Burns and Dunn’s request for the rate review of APS.

    Commissioner Elect Sandra Kennedy had planned on filing a letter to the Docket upon being sworn in on January 7, 2019, but wanted to send a clear message that she is in full support of the rate review.

    Kennedy noted in her letter to the Docket that a rate review of APS’ last rate increase was “a good place to start to determine if APS is over earning.” She looks forward to discussing this matter at the first Staff Meeting of 2019.

    Dec 26, 2018 3:29 pm

  3. A. Timmons says:

    measured responses

  4. Kristen says:

    Why is APS giving a program on our residents business? Why? This event should be held at city hall NOT Sedona Rouge. If it’s inappropriate for city hall then it’s wrong for any reason. More proof that we’re being spoonfed lies at our expense?
    It’s all about citizens being influenced by APS, city, chamber. How much tax does APS pay us to get this privilege?

    (SedonaEye.com editor’s note: The reference above is to a January 8 event at Sedona Rouge presented by APS featuring Chamber of Commerce and city of Sedona speakers and presentations. To learn more, visit the city website.)

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