Power Plants
1.
Toltec v. Arizona Corporation
Commission
This case arises out
of an application by Toltec to construct a 2,000 megawatt power
plant near Eloy, Arizona. The application was heard by the Arizona Power
Plant and Transmission Line Siting Committee over eleven days
of administrative hearings.
The Center had intervened in the administrative case
to oppose the power plant on the grounds that the environmental
impacts associated with the construction and operation of the
plant far outweighed any alleged need for the power in Arizona.
The
Power Plant and Transmission Line Siting Committee granted a
Certificate of Environmental Compatibility to Toltec to build
the power plant. The Center and another intervenor, Jon Shumaker,
filed a request for review with the Arizona Corporation Commission.
The Corporation Commission reversed the Committee’s decision
and denied the Certificate to Toltec.
After
the Corporation Commission denied Toltec’s application, Toltec
filed an action in Maricopa County Superior Court challenging
that determination. The complaint was filed in December 2002.
The Center moved to intervene in the case on behalf of
the other intervenor in the administrative case, Jon Shumaker.
That motion was granted.
Toltec
filed a motion summary judgment on the grounds that the statutes
conferring authority on the Corporation Commission to review
and approve applications to construct power plants is unconstitutional.
Toltec argues that the Corporation Commission is limited
to the power conferred upon it in the Arizona Constitution and
that the legislature cannot expand that jurisdiction.
The Commission and the Center argued that, under applicable
case law, the legislature can confer additional duties on the
Corporation Commission so long as they are related to, and do
not impair, the exercise the Commission’s constitutional functions
over public service corporations.
In
June 2003, the trial court (Judge Michael Jones) denied Toltec’s
motion for summary judgment and scheduled a status conference in August 2003.
2.
Grand Canyon Trust and
The Land and Water Fund of the Rockies v. Arizona
Corporation
Commission (Maricopa County Superior Court)
This case began when
Tucson Electric Power Company announced its intention to double
the size of the Springerville generating station by constructing
two additional 400 megawatt units. The Springerville generating station is located
in northeastern Arizona and has been producing coal-fired electricity
for over 20 years. The
Corporation Commission had already granted a certificate to
construct the third unit at Springerville and had conditioned
construction of a fourth unit on TEP’s ability to demonstrate
that the power from the fourth unit would be needed for its
customers.
Representing
the Grand Canyon Trust, the Center filed a motion in July 2001
to rescind the Commission’s previous issuance of Certificates
to construct Units 3 and 4 at Springerville.
The Center contended that the construction of the additional
units would adversely impact air quality and riparian areas
as a result of ground water withdrawals and that the power produced
by the additional units was not needed.
After
hearings in Springerville and in Phoenix, the Corporation Commission
confirmed the certificates and
authorized TEP to proceed with construction.
On behalf of the Grand Canyon Trust and the Land and
Water Fund of the Rockies, the Center filed a lawsuit in Maricopa
County Superior Court in January 2003 challenging the Commission’s
decision.
