Green Mountain Energy Arizona Retail Supplier Application To Be Held In Abeyance Pending Attorney General Opinion On ACC Authority To Implement Retail Choice

An Arizona Corporation Commission ALJ has ruled that the application of Green Mountain Energy for a Certificate of Convenience and Necessity (CC&N) to act as a competitive retail electric supplier in Arizona shall be held in abeyance pending the issuance of an opinion from the state's attorney general related to retail electric competition, as requested by the Commission and Commissioners

Specifically, both Green Mountain Energy's motion for establishment of a procedural schedule and an ACC Staff motion to dismiss Green Mountain Energy's application shall be held in abeyance pending the issuance of an AG opinion

As previously reported, the Commission sought the AG's opinion on the following questions:

• May the Commission issue competitive certificates of convenience and necessity ("CC&N") pursuant to A.R.S. § 40-202 notwithstanding the Court's ruling in Phelps Dodge?

• May the Commission now seek to certify the rules invalidated because of the lack of attorney general certification as required by A.R.S. §41-1044?

As previously reported, Commissioners Justin Olson and Jim O'Connor sent a separate letter to the AG seeking an opinion as to whether the ACC has a duty to implement retail choice, given existing statute and recent court cases (see background here)

Chairwoman Lea Márquez Peterson also requested the AG's opinion on several additional questions not reflected in the opinion sought by the Commission to which she signed on.

Docket E-21160A-21-0279