The Arizona Supreme Court effectively upheld a lower court finding that Salt River Project, a utility that provides power and water service to millions of residents, is subject to the state’s Public Records Law.
The Sierra Club filed a lawsuit against the utility in 2022 to obtain information about the Coolidge Generating Station, a gas-powered power plant that sparked controversy and litigation when SRP pursued plans to expand the plant over protests from environmentalists and neighbors.
SRP is a unique organization made up of both a not-for-profit power utility and water users association that can trace its roots back to 1903. In court, the utility’s attorneys argued it does not qualify as a public entity subject to Arizona’s Public Records Law, which requires public entities in the state to make most of their records available to the public for review.
But the Arizona Court of Appeals disagreed.
Earlier this year, an appellate court panel found that SRP is a “public body” subject to the Public Records Law, according to an opinion authored by Judge Lacey Stover Gard.
SRP appealed that decision to the state Supreme Court shortly after that ruling.
The Arizona Supreme Court declined to review the case, according to a letter sent to the parties in the case on Aug. 21. That decision leaves the Appeals Court decision in place.
Sierra Club celebrated the development.
“This decision ensures that communities will have access to and be able to inspect records that will affect their utility bills, and our air, water and health,” Sandy Bahr, director of the Sierra Club Grand Canyon Chapter, said in a statement. “This allows all Arizonans to better hold SRP accountable for its actions.”
The utility is “disappointed” by the Supreme Court’s decision not to review the case, according to a statement provided by a spokesperson.
“SRP is a unique political subdivision under Arizona law and we believe that while SRP is transparent regarding its activities, it should not be subject to the Public Records Act as if it were a city or town,” according to a statement. “SRP will continue to comply with the law and to support its customers and communities by providing reliable and affordable water and power.”
But SRP noted that the Appeals Court ruling still allows it to keep certain documents confidential.
“SRP continues to maintain, pursuant to Arizona law, it must keep certain information confidential to help ensure fair, competitive pricing for purchased power and other assets necessary to provide reliable and affordable power and water to its customers,” according to SRP’s statement.
The appellate court found SRP can keep some documents confidential under a different law designed to protect power companies, including “records and proceedings relating to competitive activity, including trade secrets or privileged or confidential commercial or financial information, if disclosure of the information could give a material advantage to another entity,” according to the law.
But the judges declined to extend that confidentiality to all of the documents sought by Sierra Club without examining whether those documents contain trade secrets.
