Arizona Court of Appeals Division One Holds That Statute Relating to the Issuance of a Certificate of Environmental Compatibility Does Not Provide an Independent Avenue for Seeking Judicial Review of a Decision of the Arizona Corporation Commission.

Save Our Valley Association (“Save”) is a citizens’ and homeowners’ committee that opposed the proposed siting of an SRP powerline. After the Arizona Powerplant and Transmission Line Siting Committee (“Committee”) approved the siting opposed by Save, Save appealed to the Arizona Corporation Commission (“ACC”). On August 24, the ACC ruled, rejecting the appeal. On September 22, Save asked for reconsideration under ARS 40-360.07(c). The ACC took no action and Save filed its complaint in Superior Court.
ACC moved for judgment on the pleadings, contending that Save’s rehearing request was untimely under ARS 40-253. The Superior Court granted judgment for ACC and Save appealed.
The Arizona Appellate Court held that a party cannot challenge an order or decision of the Commission in court unless a timely application for rehearing has been previously filed with the Commission. The court ruled that the specific provisions of the line-siting statute, A.R.S. § 40-360.07(C) (relating to the issuance of a certificate of environmental compatibility), have not explicitly or implicitly replaced the requirement under A.R.S. § 40-253 to file, within 20 days, an application for rehearing prior to filing an action for review of an ACC decision in the superior court.
Judge Brown authored the opinion; Judges Hall and Timmer concurred.