Robert Burns v. Arizona Public Service Company, et al.

Summary

The Arizona Supreme Court held that the Arizona Corporation Commission and each individual commissioner possess constitutional and statutory authority to investigate public service corporations and issue investigatory subpoenas. A majority of commissioners may not prevent an individual commissioner from exercising that authority, although the authority remains subject to procedural requirements and due process. The court also held that the commissioner could seek declaratory relief under Arizona’s Uniform Declaratory Judgment Act, vacated the court of appeals’ opinion, reversed the superior court’s ruling on the issues presented, and remanded.

Holdings

1. Article 15, section 4 of the Arizona Constitution grants investigatory authority and subpoena power not only to the Arizona Corporation Commission as a collective body but also to each individual commissioner. A majority of commissioners therefore may not prevent an individual commissioner from exercising those powers.
2. An aggrieved individual commissioner may seek judicial recourse through a declaratory judgment action under the Arizona Uniform Declaratory Judgment Act to determine the scope of his and his colleagues' rights.

Questions Presented

1. Whether article 15, section 4 of the Arizona Constitution permits an individual Arizona Corporation Commissioner to exercise investigatory powers, including issuing subpoenas, without approval from the other commissioners.
2. Whether the Arizona Uniform Declaratory Judgment Act gives an individual commissioner standing to obtain a declaration concerning his and his colleagues' statutory and constitutional rights.

Disposition

reversed_and_remanded