Arizona Public Service may have outmaneuvered a state utility regulator in the fight over its spending records for the 2014 Corporation Commission race.
APS and its parent company have dropped their lawsuit to quash a subpoena issued by Commissioner Bob Burns for records that might show what role the companies played in getting two other commissioners elected.
Although APS had previously provided the commission with some records, Burns said it wasn’t enough.
"We asked for a significant number of documents. And all they gave us was some stuff that was public records," Burns said. "They didn't give us anywhere close to the number of records that we ordered supplied."
The Corporation Commission had voted to allow Burns to hire outside counsel, but only to defend himself in the lawsuit filed against him.
Now that suit is over.
On Friday, Burns filed legal action to compel the companies to comply with the subpoena. He said once APS dropped its lawsuit he had no choice but to go proactive.
"We have to get compliance out of this thing at some time before we all pass away," Burns said. "That's part of the legal system, is how do you maneuver and delay and everything else. So we want the delay to be as short as possible. And let's get on with it."
There already are indications the other commissioners won't go along with spending more money to go after the records of events that occurred more than two years ago.
That means Burns could find himself without the funds or legal help he needs to pursue the records issue.