Helping clients navigate regulatory challenges in Arizona requires experience, innovation, credibility with regulators and close cooperation with clients. Roshka DeWulf and Patten is uniquely qualified help clients achieve their regulatory goals in Arizona. We have extensive experience appearing on a wide variety of public utility, energy and telecommunications matters in Arizona, including proceedings before the Arizona Corporation Commission and the Arizona Power Plant and Transmission Line Siting Committee. We represent clients on electric, gas, water, wastewater and telecommunications matters.
Our attorneys also have appeared numerous times before the Arizona Superior Court, Arizona Court of Appeals and Supreme Court, United States District Court and the Ninth Circuit Court of Appeals on public utilities issues.
Our public utility attorneys bring a breadth and depth of experience to the table. Michael Patten has 20 years of experience representing public utilities and practicing before the Arizona Corporation Commission. Jason Gellman and Timothy Sabo each have 10 years of experience, including serving for several years as staff attorneys at the Arizona Corporation Commission, with significant responsibilities such as first chair counsel on large rate cases. Our attorneys have been involved in most every significant rulemaking and policy docket before the ACC since the early 1990s.
Our attorneys have been involved in a myriad of proceedings before the Arizona Corporation Commission, including:
- Rate cases
- Rulemakings
- Mergers and Acquisitions
- Due Diligence Investigations
- Restructuring
- Financings
- Service area certificates and extensions
- Utility asset transfers
- Formal complaints
- Policy dockets
In addition to appearing before Arizona agencies and courts, our attorneys also advise clients on regulatory and other issues affecting their Arizona operations, assist in developing programs and other materials to comply with Arizona regulatory requirements and provide support and counsel regarding business activities related to energy, water and wastewater and telecommunications.
Our clients include prominent in-state, national and multi-national utility and telecommunications companies as well as other clients who intervene in Arizona Corporation Commission matters.
Our representation of these clients has given us decades of experience on matters related to energy, water, wastewater, natural gas, telecommunications, power plant and transmission line sitings, rate cases and other administrative and regulatory matters involving public utility law
Representative Clients
- UniSource Energy Corporation
- Tucson Electric Power
- Global Water Resources
- Freeport-McMoran Gold and Copper's regulated water, sewer and electric utilities
- Trico Electric Cooperative
- Community Water of Green Valley
- Cox Communications
- PAETEC
- Level 3 Communications
- Integra Telecommunications
Attorneys
ENERGY
Our attorneys represent electric and gas utilities in a variety of administrative proceedings and other matters in Arizona. We have participated in rate cases, financings, ACC policy dockets and rulemakings, complaint dockets, line sitings and a variety of other ACC proceedings.
Our firm also was involved in the development of Arizona’s Renewable Energy Standard Rules, Energy Efficiency Rules and Integrated Resource Planning Rules, as well as ACC policies involving feed-in tariffs, decoupling, interconnection and natural gas transmission and distribution.
We also understand the many issues and challenges involving state energy policy and its interaction with Federal law, Federal Energy Regulatory Commission (FERC) regulations and proceedings, and other federal law and regulations. We have worked closely with FERC counsel where state and federal issues are intertwined.
Electric and Gas Utilities
Our Firm assists electric and gas utilities in all phases of public utility regulation in Arizona. Our close, ongoing working relationship with the ACC allows us to handled day-to-day matters in a cooperative and efficient manner.
Our representations have included:
- Conducted rate cases for Tucson Electric Power, UNS Gas, UNS Electric and Ajo Improvement Company
- Obtained authority for financings for Tucson Electric Power and UniSource Energy
- Assisted in regulatory compliance with ACC rules
- Represented Tucson Electric Power in federal district court regarding FERC tariff dispute with El Paso Electric
Renewable Energy
The Firm has been involved extensively in renewable energy and energy efficiency issues in Arizona. In addition to participating in the rulemaking and policy dockets, we have developed renewable energy implementation plans and net metering tariffs and helped clients navigate this increasingly complex area. We have assisted in developing energy efficiency plans. We have developed and negotiated renewable energy credit and interconnection agreements related to distributed solar generation projects.
Power Plant and Line Siting
Our attorneys represent electric utilities before the Arizona Power Plant and Transmission Line Siting Committee. We have participated in proceedings related to the siting of large power lines and of power plants. Our work has included:
- Obtained siting approval for 380 MW coal fired power plant, and successful defense of approval on appeal
- Obtained siting approval for a 56 mile 138 kV line through Santa Cruz County
- Obtained siting approval for a 138 kV transmission line near downtown Tucson, Arizona.
- Obtained siting approval for other high voltage transmission line projects in Pinal and Pima Counties.
Underground Electric and Gas Facilities
We have also represented clients in proceedings to compel “undergrounding” of electrical lines under Arizona’s Underground Facilities Act. In addition, we have advised clients concerning “blue stake” regulations for underground gas and electric facilities.
WATER AND WASTEWATER
The Firm advises our clients on complex water, wastewater and reclaimed water regulatory issues. We participate in numerous proceedings concerning water and wastewater utilities before the Arizona Corporation Commission. We have represented our clients in a variety of water, wastewater and reclaimed water proceedings, including:
- Rate cases
- Financings
- Initial certificates of convenience and necessity
- Service area expansions and disputes
- Acquisitions (including due diligence and regulatory approval)
- ACC policy dockets
- ACC rulemakings
- Complaint dockets
Our representations have included:
- Conducted rate cases for Global Water, Community Water of Green Valley and Ajo Improvement Company
- Obtained ACC authority for an initial public offerings, a private placement and a corporate restructuring of Global Water
- Successfully resolved extensive service area dispute between Global Water and Arizona Water
- Obtained extensive certificates of convenience and necessity in Pinal County and western Maricopa County for Global Water
- Obtained an initial certificate of convenience and necessity in northern Mohave County for Double Diamond Utilities
- Obtained ACC approval for financings for Community Water of Green Valley
TELECOMMUNICATIONS
We have represented numerous telecommunications companies before the Arizona Corporation Commission on a variety of matters, both on a day-to-day basis and in significant proceedings, rulemakings and policy dockets that affect the entire telecommunications industry in Arizona. Attorneys from our Firm were involved in the ACC’s development of rules for competitive telecommunications, interconnection, universal service and slamming and cramming. We have participated in the 271 docket in Arizona, the ACC access charge reform docket and other ACC dockets affecting CLECs in Arizona.
Our work for telecommunications carriers before the Arizona Corporation Commission includes:
- Certificates of convenience and necessity
- Acquisitions and mergers
- Financings
- Asset and Customer Transfers
- Interconnection disputes and arbitrations
- Eligible Telecommunications Carrier Designations
- Customer complaints
We have represented CLECs in various court proceedings, including judicial appeals of ACC orders regarding interconnection and intercarrier compensation issues. In addition, we have represented CLECs in federal and state court tariff litigation.
