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Arizona Revised Statutes (Last Updated: March 31, 2016) |
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Title 40. Public Utilities and Carriers |
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Chapter 2. PUBLIC SERVICE CORPORATIONS GENERALLY |
| Article 1. Regulation by Corporation Commission |
| Sec 40-201. Definitions |
| Sec 40-203. Power of commission to determine and prescribe rates, rules and practices of public service corporations |
| Sec 40-204. Reports by public service corporations to commission; duty of corporation to deliver documents to commission; confidential nature of information furnished; exception; classification |
| Sec 40-205. Regulation of commercial flight operators by commission prohibited; definitions |
| Sec 40-206. Exemption of motor carriers |
| Sec 40-207. Electricity suppliers; rules |
| Sec 40-208. Service territories; open competition |
| Sec 40-209. Franchises; electric generation suppliers; limitations |
| Sec 40-210. Contractors; requirements; prohibition; definition |
| Article 2. Accounting |
| Sec 40-221. Power of commission to prescribe record-keeping methods and accounts; conformity with interstate commerce commission requirements; limitation on keeping of accounts |
| Sec 40-222. Depreciation accounting |
| Article 3. Investigations, Hearings and Appeals |
| Sec 40-241. Power to examine records and personnel of public service corporations; filing record of examination |
| Sec 40-242. Production of records kept without state |
| Sec 40-243. Conduct of hearings and investigations; representation by corporate officer or employee; arbitration |
| Sec 40-244. Administration of oaths and certification to official acts by commissioners; taking of depositions; witness fees and mileage |
| Sec 40-245. Admissibility in evidence of copies of documents filed with commission; orders, authorizations or certificates issued by commission required to be in writing; recording |
| Sec 40-246. Complaint alleging violation by public service corporation of law or rule or order of commission; exception; joinder of complaints; notice of hearing |
| Sec 40-247. Hearing; process to witnesses; report of proceedings; decision; service of order |
| Sec 40-248. Reparation of overcharge; action to recover overcharge; limitations |
| Sec 40-249. Complaint by public service corporation; hearing |
| Sec 40-250. Hearing on rate or other change in operations by public service corporation; establishment of rates or other practices by order of commission; rates for telecommunications markets |
| Sec 40-251. Hearings on valuation of property of public service corporations; notice; introduction of evidence; written findings of fact required; admissibility in evidence; effect; exception |
| Sec 40-252. Rescission or amendment of orders by commission; collateral attack on final orders or decisions prohibited |
| Sec 40-253. Application for rehearing; hearing; effect; decision |
| Sec 40-254. Action to set aside or modify certain orders of commission; filing; limitation; superior court |
| Sec 40-254.01. Action to set aside or modify certain commission orders; limitation; court of appeals |
| Sec 40-255. Precedence of actions |
| Sec 40-256. Time periods for rate decisions; calculation; simplified filing rules; interim rates and charges; definitions |
| Article 4. Certificates of Convenience and Necessity and Franchises |
| Sec 40-281. Certificate required before construction by public service corporation; exceptions; complaint by corporation injuriously affected by construction hearing; exclusive franchise or monopoly |
| Sec 40-282. Application for certificate; hearing; application upon contemplated franchise |
| Sec 40-283. Transmission lines; use of public streets for utility right-of-way; notice; election |
| Sec 40-284. Restrictions upon conduct of public service business by foreign corporations |
| Sec 40-285. Disposition of plant by public service corporations; acquisition of capital stock of public service corporation by other public service corporations; exemption |
| Sec 40-286. Exemption from antitrust statutes |
| Sec 40-287. Value of certificated area |
| Article 5. Stocks and Bonds |
| Sec 40-301. Issuance of stocks and bonds; authorized purposes |
| Sec 40-303. Validity of stock certificates or evidences of indebtedness; violation of law or commission authorizations; classification |
| Article 6. Service and Facilities |
| Sec 40-322. Regulation of public service corporations; standards of service; measurement standards; inspections by commission |
| Sec 40-323. Commission rules and regulations to regulate time for furnishing services by railroad and telephone and telegraph companies; uniformity of demurrage charges |
| Sec 40-324. Power of commission to order changes in service to insure adequate service by railroad |
| Sec 40-325. Power of commission to order physical connection between railroad companies |
| Sec 40-326. Duty of railroad company to make connection with track of private shipper; conditions |
| Sec 40-327. Order by commission for connection or spur; right to connect to private track; order to company to switch cars of another corporation |
| Sec 40-328. Duty of telephone and telegraph companies to handle messages of connecting companies |
| Sec 40-329. Power of commission to order connections and joint rates between telephone or telegraph companies |
| Sec 40-331. Power of commission to order additions, improvements or changes in plant of public service corporations; additions or changes made jointly |
| Sec 40-332. Power of commission to order joint use of facilities belonging to public service corporation |
| Sec 40-334. Discrimination between persons, localities or classes of service as to rates, charges, service or facilities prohibited |
| Sec 40-335. Persons who may be given free or reduced rates; definitions; carriage during emergency; annual report of reduced rate carriage |
| Sec 40-336. Power of commission to require safety devices |
| Sec 40-337. Power of commission over railway crossings |
| Sec 40-337.01. Installation of automatic warning devices; agreements for sharing cost; apportionment of cost |
| Sec 40-337.02. Allocation of funds for automatic warning signals at railway crossings |
| Sec 40-337.03. Determination of location of automatic warning signals |
| Sec 40-338. Accidents on property of public service corporations; investigation; report |
| Sec 40-339. Refusal of common carrier to receive or carry passenger; classification |
| Sec 40-340. Emergency telephone numbers; use; restrictions |
| Article 6.1. Conversion of Overhead Electric and Communication Facilities |
| Sec 40-341. Definitions |
| Sec 40-342. Petitions of owners for cost study establishing an underground conversion service area |
| Sec 40-343. Petition of owners and petition of public service corporation or public agency for establishment of underground conversion service area; notice of proposed lien |
| Sec 40-344. Hearing on petition; notice |
| Sec 40-345. Procedure for making and hearing protests and objections and withdrawing signatures |
| Sec 40-346. Hearing on petition by corporation commission, board of supervisors or city or town council; determination of economic and technical feasibility; addition or elimination of certain areas |
| Sec 40-347. Establishment of conversion costs; apportionment of costs; method of payment |
| Sec 40-348. Conversion of service lines on owner's property; payment; notice of disconnection to owner |
| Sec 40-349. Permit or easement for conversion of service lines to be furnished by owner |
| Sec 40-350. Lien for cost of conversion; procedure to perfect lien; recording notice of lien; default; limitation of action to foreclose lien; disconnection of service upon default |
| Sec 40-351. Sale of property to satisfy lien |
| Sec 40-352. Relocation of underground facilities; public service corporation or public agency to be reimbursed for cost thereof |
| Sec 40-353. Application of article; reinstallation of overhead facilities prohibited |
| Sec 40-354. No extension of corporation commission jurisdiction to public agencies or cable television systems |
| Sec 40-355. Franchises, charters and ordinances of local governments not affected |
| Sec 40-356. Nonseverability |
| Article 6.2. Power Plant and Transmission Line Siting Committee |
| Sec 40-360. Definitions |
| Sec 40-360.01. Organization and membership of the committee |
| Sec 40-360.02. Plans; filing; failure to comply; classification |
| Sec 40-360.03. Applications prior to construction of facilities |
| Sec 40-360.04. Hearings; procedures |
| Sec 40-360.05. Parties to certification proceedings |
| Sec 40-360.06. Factors to be considered in issuing a certificate of environmental compatibility |
| Sec 40-360.07. Compliance by utility; commission order |
| Sec 40-360.08. Transfer of certificate; compliance by committee; commission and review panel; authorization to construct |
| Sec 40-360.09. Filing fees; utility siting fund |
| Sec 40-360.10. Expenditure of funds |
| Sec 40-360.11. Jurisdiction of courts |
| Sec 40-360.12. Jurisdiction of the commission |
| Sec 40-360.13. Certificate of environmental compatability; availability of groundwater and impact on groundwater management plan |
| Article 6.3. Underground Facilities |
| Sec 40-360.21. Definitions |
| Sec 40-360.23. Making excavation in careful, prudent manner; liability for negligence; notice; obliteration of marks |
| Sec 40-360.24. Notice of damage to underground facility |
| Sec 40-360.25. Injunction; mandamus |
| Sec 40-360.26. Damage of underground facility; liability to owner; homeowner and tenant exemption |
| Sec 40-360.27. Liability for attorney fees; administrative costs and expenses |
| Sec 40-360.28. Civil penalty; liability |
| Sec 40-360.29. Charters and ordinances of governments not affected; preemption |
| Sec 40-360.30. Installation records of underground facilities |
| Sec 40-360.31. Routine road maintenance; prior notification |
| Sec 40-360.32. One-call notification center membership; termination; designated representatives |
| Article 6.4. High Voltage Power Lines and Safety Restrictions |
| Sec 40-360.41. Definitions |
| Sec 40-360.42. Activity near overhead line; safety restrictions |
| Sec 40-360.43. Activity in close proximity to lines; clearance arrangements; procedure; payment; notice |
| Sec 40-360.44. Violation; civil penalty |
| Sec 40-360.45. Exemptions |
| Article 6.5. Utility Planning |
| Sec 40-360.51. Definitions |
| Sec 40-360.52. Planning |
| Sec 40-360.53. Utility facilities included in municipal and county plans |
| Sec 40-360.54. Effect on existing rights |
| Article 7. Rates and Rate Schedules |
| Sec 40-362. Power of commission to investigate interstate rates |
| Sec 40-365. Filing of rate schedules by public service corporations |
| Sec 40-366. Names of parties to joint schedule required on schedule; filing required by only one party with concurrence of other parties |
| Sec 40-367. Changes of rates; notice; filing; exception |
| Sec 40-368. Sliding scale of charges |
| Sec 40-369. Limitations on relative charges by telephone and telegraph companies for long and short distance messages |
| Sec 40-370. Water utility surcharges to recover operating costs; notice; definition |
| Sec 40-371. Limitation of passenger fares to three cents per mile; exceptions; violation; classification |
| Sec 40-372. Street railways; fares; transfers |
| Sec 40-373. Permitting or obtaining transportation at less than schedule rates prohibited |
| Sec 40-374. Prohibition of rebates and agreements |
| Sec 40-375. Fraudulent means or attempts to obtain rebate or damage prohibited |
| Sec 40-376. Payment responsibility; private water companies; sewer corporations |
| Article 8. Annual Assessments |
| Sec 40-401. Annual assessment by commission against public service corporations; exception; rate of assessment; date of levy; annual statement of company intrastate revenue |
| Sec 40-401.01. Residential utility consumer assessment; exceptions; rate of assessment; date of levy; annual statement of company intrastate revenue |
| Sec 40-402. Findings of fact defined |
| Sec 40-403. Objection to statement of assessment; hearing; notice of findings; compliance by company |
| Sec 40-404. Making of objection to assessment as condition of action to recover assessment paid |
| Sec 40-405. Action to enjoin collection of assessment prohibited; action to recover assessment paid; limitation |
| Sec 40-406. Exclusive procedure to determine legality of assessments and to recover assessments paid |
| Sec 40-407. Enforcement of payment; seizure and sale of property |
| Sec 40-408. Disposition of assessment proceeds; utility regulation revolving fund; exemption from lapsing |
| Sec 40-409. Disposition of residential utility consumer assessment proceeds; residential utility consumer office revolving fund; exemption from lapsing |
| Article 9. Violations and Penalties |
| Sec 40-421. Enforcement of laws relating to public service corporations |
| Sec 40-422. Action by commission to enjoin violations or threatened violations; venue; time for answer; joinder of parties |
| Sec 40-423. Liability of public service corporation to persons for injury resulting from violation of chapter |
| Sec 40-424. Contempt of corporation commission; penalty |
| Sec 40-425. Penalty for violations not otherwise provided for; separate and continuing offenses; responsibility of corporation for acts of officers, agents or employees |
| Sec 40-426. Violations by officers, agents or employees of public service corporations; classification |
| Sec 40-427. Violations by corporations other than public service corporations; violations by officers, agents or employees of corporations other than public service corporations; classification |
| Sec 40-428. Cumulative nature of penalties |
| Sec 40-429. Actions to recover penalties; venue |
| Sec 40-430. Limitations on requiring bond of employees by common carrier; violation; classification |
| Sec 40-431. Preventing officer or agent of public service corporation from examining property; violation; classification |
| Sec 40-432. Agent or employee of telegraph or telephone company using information contained in message; classification |
| Sec 40-433. Agent or employee of telegraph or telephone company failing or refusing to send or deliver message; classification |
| Article 10. Pipeline Safety |
| Sec 40-441. Commission safety regulations, rules and orders; definitions |
| Sec 40-442. Civil penalty for violation; deduction; other remedies |
| Sec 40-443. Pipeline safety revolving fund |
| Article 11. Residential Utility Consumer Office |
| Sec 40-461. Definitions |
| Sec 40-462. Residential utility consumer office; director |
| Sec 40-464. Powers and duties |
| Article 12. Tampering With Utility Equipment and Service |
| Sec 40-491. Definitions |
| Sec 40-492. Tampering with a utility; civil action |
| Sec 40-493. Damages; costs; attorney fees |
| Sec 40-494. Presumption of violation |
| Sec 40-495. Excess damages considered in establishing rates |