Save Our Valley Ass'n v. Arizona Corp. Commission

165 P.3d 194, 216 Ariz. 216, 2007 Ariz. App. LEXIS 156
CourtCourt of Appeals of Arizona
DecidedAugust 16, 2007
DocketNo. 1 CA-CV 06-0248
StatusPublished
Cited by22 cases

This text of 165 P.3d 194 (Save Our Valley Ass'n v. Arizona Corp. Commission) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Save Our Valley Ass'n v. Arizona Corp. Commission, 165 P.3d 194, 216 Ariz. 216, 2007 Ariz. App. LEXIS 156 (Ark. Ct. App. 2007).

Opinion

OPINION

BROWN, Judge.

¶ 1 Save Our Valley Association (“SOVA”) appeals the superior court’s granting of judgment on the pleadings in favor of the Arizona Corporation Commission (“Commission”) and Salt River Project (“SRP”). The court determined that SOVA was not entitled to judicial review of the Commission’s decision because SOVA did not file an application for rehearing pursuant to Arizona Revised Statutes (“A.R.S.”) section 40-253 (2001) prior to filing its complaint. SOVA contends that filing an application for rehearing was unnecessary because it filed a request for reconsideration pursuant to A.R.S. § 40-360.07(0) (2001). For the reasons that follow, we disagree with SOVA’s position and therefore affirm the decision of the superior court.

BACKGROUND

¶ 2 In October 2004, SRP filed an Application for a Certificate of Environmental Compatibility (“CEC”) with the Arizona Power Plant and Transmission Line Siting Committee (“Siting Committee”) seeking approval to construct an electrical transmission line. SOVA is a committee of homeowners affected by the transmission line. SOVA appeared before the Siting Committee at public hearings and proposed an alternative route for placement of the transmission line. At the conclusion of the hearings, the Siting Committee granted the CEC along SRP’s proposed route.

¶ 3 SOVA then filed a request for review of the CEC pursuant to A.R.S. § 40-360.07(A) (2001). The Commission held oral argument and conducted meetings to consider public comment. According to SOVA, the Commission took no action with respect to SOVA’s proposed alternative route. On August 24, 2005, the Commission issued its decision approving the CEC with amendments. The Commission did not accept SOVA’s proposed route. On September 22, 2005, SOVA filed a request for reconsideration of the Commission’s decision pursuant to A.R.S. § 40-360.07(C). Other parties to the proceedings filed applications for rehearing/requests for reconsideration. The Commission held a special meeting on September 28, 2005, but took no action on SOVA’s request for reconsideration at that time.

¶4 On October 25, 2005, SOVA filed its complaint in the superior court alleging, inter alia, the Commission’s decision approving the CEC was arbitrary and capricious. The Commission moved for judgment on the pleadings, arguing that SOVA failed to file an application for rehearing within twenty days of the entry of the Commission’s decision pursuant to A.R.S. § 40-253. SOVA countered that the filing of its request for reconsideration pursuant to A.R.S. § 40-360.07(0 enabled it to proceed directly to superior court to challenge the Commission’s decision. The superior court granted the Commission’s motion, ruling as follows:

Plaintiffs were required to file a timely application for rehearing as a prerequisite to seeking judicial review. They failed to do so. A.R.S. § 40-360 neither expressly nor implicitly displaces the requirements of A.R.S. § 40-253. It simply allows certain specified entities to pursue additional administrative proceedings before the Commission under enumerated circumstances.

(Footnotes omitted.)

¶ 5 SOVA filed a timely notice of appeal. We have jurisdiction pursuant to A.R.S. § 12-210KB) (2003).

DISCUSSION

¶ 6 A motion for judgment on the pleadings tests the sufficiency of the complaint, and a defendant is entitled to judgment “if the complaint fails to state a claim for relief.” Giles v. Hill Lewis Marce, 195 Ariz. 358, 359, ¶ 2, 988 P.2d 143, 144 (App.1999). In reviewing a judgment on the pleadings, we accept as true the factual allegations of the complaint, but review the trial court’s legal eon[219]*219elusions de novo. Mobile Cmty. Council for Progress, Inc. v. Brock, 211 Ariz. 196, 198, ¶ 5, 119 P.3d 463, 465 (App.2005).

¶ 7 “It has long been held that the right to appeal from any ruling including an administrative decision exists only by force of statute and is limited by the terms of the statute.” Guminski v. Ariz. State Veterinary Med. Examining Bd., 201 Ariz. 180, 182, ¶ 8, 33 P.3d 514, 516 (App.2001). In this appeal, we analyze several statutory provisions governing review of line-siting decisions to determine whether the filing of an application for rehearing with the Commission is a prerequisite to seeking judicial review.

I. Statutory Framework

¶ 8 A public utility desiring to construct a transmission line must file an application for a CEC. A.R.S. § 40-360.03 (2001). The Siting Committee conducts a hearing on the application. A.R.S. § 40-360.04 (2001). In approving or denying the application, the Siting Committee must consider the statutory environmental factors identified in A.R.S. § 40-360.06 (2001).

¶ 9 Within fifteen days of the Siting Committee’s decision, any party to the certification proceeding before the Siting Committee may request a review by the Commission. A.R.S. § 40-360.07(A). If such a request is made, the Commission reviews the CEC based on the existing record, although it may request additional oral argument or briefing. A.R.S. § 40-360.07(B). The Commission may confirm, deny, or modify the CEC. Id. In reaching its decision, the Commission must consider the statutory environmental factors of § 40-360.06 and must balance, “in the broad public interest, the need for an adequate, economical and reliable supply of electric power with the desire to minimize the effect thereof on the environment and ecology of this state.” A.R.S. § 40-360.07(B).

¶ 10 Section 40-253 governs applications for rehearing for Commission matters relating to public service corporations and provides in part:

A. After any

Free access — add to your briefcase to read the full text and ask questions with AI

Related

ROFF v. GRANT/J AND J
Court of Appeals of Arizona, 2026
Gabriel Garibay v. Hon. Kellie Johnson William Fox, Az Constable Ethics
545 P.3d 468 (Court of Appeals of Arizona, 2024)
Surprise v. Circle City Water Lake
Court of Appeals of Arizona, 2023
Tanner v. woloszyn/mcdaniels
Court of Appeals of Arizona, 2023
State v. Robinson
Court of Appeals of Arizona, 2023
Roman Jr. v. Nationstar
Court of Appeals of Arizona, 2022
Rodriguez v. Lytle
Court of Appeals of Arizona, 2021
Martin v. Staheli
457 P.3d 53 (Court of Appeals of Arizona, 2019)
Hees v. Maricopa
Court of Appeals of Arizona, 2018
State of Arizona v. Darrel Peter Pandeli
394 P.3d 2 (Arizona Supreme Court, 2017)
City of Phoenix v. Glenayre Electronics, Inc.
375 P.3d 1189 (Court of Appeals of Arizona, 2016)
Fnma v. Hamilton
Court of Appeals of Arizona, 2016
Bank of America v. Allen
Court of Appeals of Arizona, 2015
Austin v. Chandler
Court of Appeals of Arizona, 2015
Estate of Ethridge v. Recovery Management Sytems, Inc.
326 P.3d 297 (Court of Appeals of Arizona, 2014)
Estate v. Recoveryet Al.
Court of Appeals of Arizona, 2014
Cook v. Town of Pinetop-Lakeside
303 P.3d 67 (Court of Appeals of Arizona, 2013)
Shaw v. CTVT Motors, Inc.
300 P.3d 907 (Court of Appeals of Arizona, 2013)
STATE EX REL. INDUS. COM'N v. Galloway
230 P.3d 708 (Court of Appeals of Arizona, 2010)
State ex rel. Industrial Commission v. Galloway
230 P.3d 708 (Court of Appeals of Arizona, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
165 P.3d 194, 216 Ariz. 216, 2007 Ariz. App. LEXIS 156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/save-our-valley-assn-v-arizona-corp-commission-arizctapp-2007.