Lawmakers agreed Monday to alter state law so the newest member of the Arizona Corporation Commission can vote on pending electric rate cases.
In January, Governor Doug Ducey appointed Andy Tobin to the panel. He replaced Susan Bitter Smith who quit following allegations that her outside work created an illegal conflict of interest.
But Tobin's son-in-law is an inventory control specialist for SolarCity, a firm that is involved in disputes in front of the commission over efforts by utilities to impose higher charges on solar customers. These are charges that, if approved, would cut solar installations and force SolarCity to lay off workers-- potentially including Tobin's son-in-law.
Rep. John Allen, R-Scottsdale, effectively argued to overturn the opinion of a commission attorney who said Tobin cannot vote on solar matters.
"If the interpretation which is being used now is applied, no one ever with a big family with disparate interests in the state would ever be able to serve on the corporation commission," he argued.
Allen wants the commission to use the same conflict-of-interest rules that apply to lawmakers-- rules that let people vote on measures which could affect relatives.
But Rep. Lela Alston, D-Phoenix, said that line of thought ignores the fact that the commission, in telling utilities how much they can charge and to whom, is far different.
"And because of that, they have a higher standard of conflict than do legislators. And their standards are more like judges because in many ways they are judges," she said.