Robert Burns v. Arizona Public Service Co

Summary

The court held that article 15, section 4 of the Arizona Constitution authorizes both the Arizona Corporation Commission and individual commissioners to inspect and investigate public service corporations and to compel evidence through subpoenas. A majority of commissioners therefore may not nullify an individual commissioner’s exercise of those powers, although the powers remain subject to constitutional, statutory, due-process, and judicial constraints. The court also held that an aggrieved commissioner has standing to seek declaratory relief under the Uniform Declaratory Judgment Act and remanded for further proceedings.