Arizona Power Plant and Transmission Line Siting Committee

In 1971, the Arizona Legislature required that the Commission establish a power plant and line siting committee. The Committee provides a single, independent forum to evaluate applications to build power plants (of 100 megawatts or more) or transmission projects (of 115,000 volts or more and longer than one mile) in the state.

The Committee holds meetings and hearings that are open to the public. The Committee was created after the Legislature found that existing law did "not provide adequate opportunity for individuals, groups interested in conservation and the protection of the environment, local governments, and other public bodies to participate in timely fashion the decision to locate a specific major facility at a specific site." (Historical Notes, Laws 1971, Ch. 67, §1)

Arizona Revised Statute § 40-360.01(B) dictates who is on the Committee. Its members are:

• State attorney general or the attorney general's designee. (Chairman of Committee)
• Director of the Arizona Department of Water Resources or the director's designee.
• Director of the Arizona Department of Environmental Quality or the director's designee.
• Director of the governor's energy office or the director's designee.
• Chairman of the Arizona Corporation Commission or the chairman's designee.
• Six members appointed by the Arizona Corporation Commission to serve for a term of two years. Three of the members shall represent the public, one member shall represent incorporated cities and towns, one member shall represent counties, and one member shall be actively engaged in agriculture.

The attorney general or his/her designee chairs the Committee. The Chairman directs the flow of the meeting and makes procedural decisions in accordance with Arizona law. However, each member of the Committee, including the Chairman, has a single vote.

ARS § 40-360.04 sets forth specific time frames for Committee action. In general, the Committee has 180 days from the date the application is filed to come to a decision.

The procedures for the Committee's activities are set forth in law and administrative rules. After an application to build a power plant or transmission line is filed with the Corporation Commission, copies are sent to all members of the Committee. The chairman of the Committee sets a hearing date and provides public notice of the hearing date and location. Any member of the public can attend the hearing. The hearing will include testimony and exhibits from the applicant and from any groups or individuals who are granted party, or intervenor, status. There is cross-examination of the witnesses by the parties. The Committee members also ask questions of the witnesses and may ask for additional information. After all the information is before the Committee, the Committee members will discuss the matter and will take a vote on whether to grant or deny a "Certificate of Environmental Compatibility," which is a formal document that is necessary before the power plant or transmission line can be built. Regardless of whether the Certificate is granted or denied by the Committee, the Committee's Certificate Decision is forwarded to the Commission for review and action. If the Certificate was denied, the applicant may request that the Commission review the matter and issue a Certificate.  If the Certificate was granted, an intervenor may request that the Commission review the matter and deny the Certificate.

Local newspapers and radio stations are a great source of information about power plant or transmission line projects. They usually carry notices of public meetings and often report on the proceedings.  Notices generally are also posted on project-specific websites and at local libraries.  The calendar on the Arizona Corporation Commission's website (www.azcc.gov) includes Arizona Power Plant and Transmission Line Siting Committee hearings and meetings; the calendar “Week” and “Day” views provide links to additional information and to the specific docket for each scheduled proceeding.

As power plant or transmission line cases move through the process, hundreds of pages of documents are filed with the Commission’s Docket Control Center, for inclusion in the Commission’s publicly accessible electronic record keeping system for filings (known as eDocket), which is accessible through the Commission’s website (www.azcc.gov). A link to eDocket appears on the Commission’s main webpage.  Each case before the Power Plant and Transmission Line Siting Committee is assigned a docket number, and one can search for the docket in the search box at the top of the eDocket page using the year and matter portions of the docket number (for example, Docket No. L-00000F-24-0270-00242 can be obtained by using only 24-0270). To see all Line Siting dockets, simply enter “L” in the docket number search box.

Yes. The Legislature envisioned the power plant and transmission line siting process as a public process that benefits from public input. The Committee will typically hear public comment starting at 5:30 p.m. on the first day of hearing. If there are many people who wish to speak, the Chairman may impose a time limit for each person making public comment. The Chairman may also allow public comment at other times during the hearing.

You can express your views by electronically filing or mailing a letter to the Commission’s Docket Control Center. Be sure to include the docket number (case number) on the first page of your letter.

You can eFile the letter by going to azcc.gov, selecting “eDocket,” and then selecting “eFiling.”  If you have never eFiled before, you will need to create an account, which is free.  You will need to select the docket in which you want your letter to be filed.  From the Commission’s Portal, you can also sign up to follow a docket or multiple dockets, including dockets for applications before the Power Plant and Transmission Line Siting Committee.

If you prefer to mail your letter, you can send it to:

Docket Control Center
Arizona Corporation Commission
1200 West Washington
Phoenix, AZ 85007

You also have the option of making a “limited appearance statement” by filing a statement in writing in the docket. The statement must be captioned as a “limited appearance,” include the docket number (case number) on the first page, and must be filed at least five business days before the hearing. Unlike a letter filed into the docket, a “limited appearance statement” may be considered evidence and admitted as an exhibit at the hearing, if timely filed. The person filing the “limited appearance statement” is not a party and cannot testify, cross-examine witnesses, or be cross examined.  The applicant will have the opportunity to rebut any assertions made in limited appearance statement through witness testimony at the hearing.

The statutes (ARS § 40-360.06) spell out the criteria for issuing a Certificate of Environmental Compatibility. These factors include:

• Existing plans of the state, local government, and private entities for other developments at or in the  vicinity of the proposed site.
• Fish, wildlife, and plant life and associated forms of life upon which they are dependent.
• Noise emission levels and interference with communication signals.
• The proposed availability of the site to the public for recreational purposes, consistent with safety considerations and regulations.
• Existing scenic areas, historic sites and structures, or archaeological sites at or in the vicinity of the proposed site.
• The total environment of the area.
• The technical practicability of achieving a proposed objective and the previous experience with equipment and methods available for achieving a proposed objective.
• The estimated cost of the facilities and site as proposed by the applicant and the estimated cost of the facilities and site as recommended by the committee, recognizing that any significant increase in costs represents a potential increase in the cost of electric energy to the customers or the applicant.
• Any additional factors that require consideration under applicable federal and state laws pertaining to any such site.

The Committee is required to give special consideration to the protection of areas unique because of biological wealth or because they are habitats for rare and endangered species.

No. The Committee needs only a majority decision of the total Committee to issue or deny a Certificate of Environmental Compatibility.

The Commission plays four important roles:

1. The Chairman of the Commission or his/her designee serves on the Committee.
2. The Commission appoints six members of the Committee.
3. The documents pertaining to a particular case are accepted and maintained by the Commission's Docket Control Center (1200 West Washington in Phoenix) and made available to members of the public on the Commission’s website (azcc.gov) through eDocket.  Members of the public may also view files at the Commission’s Docket Control Center during business hours.
4. The Commission must either confirm, deny, or modify the certificate granted by the Committee or, if the Committee refused to grant a certificate, may issue a certificate. The Commission makes its decisions in public Open Meetings with opportunities for additional public comment.

Yes. The Committee has fairly broad discretion and can require that a plant or transmission line conform to certain conditions.

Within the parameters of the law, the Commission can modify a certificate granted by the Committee to include conditions it deems necessary for a project to be in the broad public interest.

For More Information:

To view the statutes governing the Committee, please go to https://www.azleg.gov/ and select “Legislative Council” and then “Arizona Revised Statutes.” The statutes are in Title 40, Chapter 2, Article 6.2.  The Rules of Practice and Procedure Before the Power Plant and Transmission Line Siting Committee can be found in Arizona Administrative Code Title 14, Chapter 3, Article 2. To view the Rules, click here:  RULE 14-3