In December of 2017, Stacey Champion, a long-time Arizona community advocate, started a petition to fight back against the unjust and unjustified Arizona Public Service (APS) rate hike that was approved in August of that year after watching her own energy use decrease, her bills increase, and worrying about all of those struggling to get by. On January 3, 2018, she filed a formal Complaint with the Arizona Corporation Commission (ACC) on behalf of herself and 425 additional APS customers. At the time, she had no idea what she was getting herself into going to battle with a multi-billion dollar utility monopoly. More than 8,000 ultimately signed her petition. With only a team of three: herself, attorney Adam Stafford and expert Abhay Padgaonkar, they proceeded to uncover one of the biggest and most lucrative shell games ever played in the state of Arizona — all at the expense of captive ratepayers. Ms. Champion continues to uncover things on a weekly basis. She believes the deep level of corruption and greed she’s seeing is a direct threat to Arizonans’ health, safety, livelihood, and our Democracy in general. Mr. Padgaonkar has also remained an engaged expert and ally in truth-seeking and data analysis. It is time to #StopTheAPSGreed.
* As putting together this website took a ridiculous amount of time and many late nights, we ask that you abide by our Creative Commons License and cite this website as your source of information if any part of it is used. You’ll have good karma, plus it’s just proper social graces. Stop The APS Greed by Stacey Champion is licensed under a Creative Commons Attribution 4.0 International License.
David Vs. Corporate goliath history
August 2017 - ACC approves what is advertised as a $95 Million rate hike. APS and the ACC tell customers they should expect to see an average of a $6/mo. increase on their bills — or 4.5%. The rate hike is rubber stamped with few, if any, questions asked by Commissioners, all of whom it was later verified, had millions of dollars spent on their campaigns by APS/Pinnacle West. The lone no vote on the rate hike was Commissioner Bob Burns. The Commissioners who voted yes were Tom Forese, Andy Tobin, Doug Little and Boyd Dunn. (As of 2019, Boyd Dunn is currently the only Commissioner left who was a YES vote on the 2017 rate hike.)
August 2017 - Commissioner Burns sues to void rate increase approved for utility.
November 14, 2017 - Champion, a long-time Arizona community advocate who had followed the rate case and is frustrated by the increase in her own bills and worried about all those struggling, reads a story in the AZ Republic which discusses a statute that allows customers to seek a rehearing.
December 2017 - Stacey Champion starts Stop The APS Greed petition.
December 2017 - Residential Utility Consumer Office (RUCO) — who is directly funded by ratepayer money and is signing party to the rate hike settlement agreement — convenes backroom meetings with ACC Staff, upper echelon APS employees and lobbyists, Arizona PIRG, Wildfire, and Maricopa County utility assistance person. (ACC staff and Wildfire are also signing parties to rate hike settlement agreement. AZ PIRG was not an Intervenor in rate case, but Arizona PIRG executive director Diane Brown states in email to group: “We have not called for a rehearing on the APS rate case nor is that our intention.”)
January 3, 2018 - Champion files formal Complaint to the justness and reasonableness of the rates with the Arizona Corporation Commission with 425 additional APS customers, asking for a full rate hike rehearing.
Richard (Dick) Gayer joins as Intervenor in the Champion Complaint
February 2018 - Champion quickly realizes how many law firms are either on retainer with APS, conflicted out, or want their business in the future, so she sets up a crowd-sourced legal fund. Attorney Adam Stafford is hired by Champion. (It should be noted that 100% of crowdfunded monies have gone solely to attorney fees.)
February 2018 - Data modeling and analytics expert Abhay Padgaonkar joins Champion’s team as her sole expert.
February 15, 2018 - Procedural Conference is held.
March 8, 2018 - APS pushes for hearing to take place in June 2018, stating in a filing: “Unfortunately, APS is concerned that delay will only push this matter closer to the November 2018 election, which risks distorting this process and increasing customer confusion.”
April 16, 2018 - Administrative Law Judge, Jane L. Rodda sets procedural schedule as follows:
Requests to intervene must be filed by May 11, 2018
Parties shall file direct testimony and any exhibits or expert reports to be used at the hearing by July 31, 2018
Parties shall file rebuttal testimony and any exhibits or expert reports by August 17, 2018
Parties shall file witness summaries and stipulated statements of fact (if any) by September 17, 2018
The hearing shall commence on September 25, 2018 at 10:00 a.m.
Warren Woodward joins as Intervenor in the Champion Complaint
June 21, 2018 - Commissioner Tom Forese (who was backed in his campaign directly by APS/Pinnacle West) submits letter into Docket that states: “I would like to request that Staff participate in the matter of Stacey Champion, et al vs. Arizona Public Service. Staff was a party to the rate case, and staff’s participation will assist me in making my final decision.”
June 29, 2018 - Staff responds to Forese’s request, proposing that new date for hearing be set to January 27, 2019. Shortly thereafter, on July 3, 2018, ACC Executive Director Ted Vogt was asked to resign, amid concerns of conflict with APS/Pinnacle West.
July 25, 2018 - Champion holds press conference prior to procedural conference to discuss hearing date. Judge Rodda adheres to already set hearing date. Champion and intervenors bring up conflict of staff’s involvement, as they were a party to the settlement case of the rate hike, which legally binds them to defending the hike (as well as their work).
September 17, 2018 - ACC staff playing games at Pre-Hearing Conference.
September 25, 2018 - Press conference and first day of Champion, et al vs. Arizona Public Service hearing.
September 26, 27, 28 and October 1, 2018 - Additional Champion, et al vs. Arizona Public Service hearing days.
October 3, 2018 - Commissioner Dunn submits letter into Champion Complaint Docket that says in part: “I would like some additional information from the utility to assist me in evaluating whether the customer outreach was adequate.” APS responds to Dunn by filing this 957 page document into the docket, (with a note on page 72 about omission of attachments deemed confidential).
October 18, 2018 - News from Energy and Policy Institute breaks that “Arizona Commissioner Justin Olson answered questions about Arizona’s energy policy by copying parts of an APS memo verbatim, emails show.”
October 26, 2018 - ACC staff, who signed the rate case settlement agreement which says they must defend the decision, files their Post-Hearing Brief which sides with APS and says Champion has “failed to meet her burden of proof.” Champion’s Post-Hearing Brief reiterates Complaint was brought to the justness and reasonableness of the rates, and has proven the rates are not just nor reasonable, and the captive ratepayers were completely misled. APS’ Post-Hearing Brief says nothing to see here, all is good, and nope, we’re not over-earning.
October 29, 2018 - News based on public records requests by Energy and Policy Institute breaks that “Arizona Corporation Commissioner Andy Tobin exchanged text messages throughout 2018 with lobbyists from Arizona Public Service, often to complain about negative media coverage of APS’ rate increase requests before the Commission.”
October 30, 2018 - Not yet elected (former Commissioner) Sandra Kennedy calls for Tobin’s Resignation.
November 14, 2018 - Sandra Kennedy, Justin Olson apparent winners of Corp. Comm. race as others concede.
December 2018 - Court rejects Commissioner Burns’ bid to unearth APS campaign spending.
December 2018 - As Champion researches energy bill burden, shutoffs, heat related deaths, ACC rules and state legislation, she discovers there is no policy or legislation connected to utility shutoffs for heat, so begins working on what would become SB 1542, a state-wide law to set date and temperature-based thresholds for utility shutoffs. She later sets up another petition to push for SB 1542 to be heard in legislative committee, but it ends up dying in session with no hearing.
December 24, 2018 - Commissioners Burns and Dunn push to review 2017 APS rate hike, even though Champion 5 day hearing verified 4.5% average increase advertised was not accurate, adjustors didn’t move as promised, and a myriad of other issues.
January 2019 - Burns is elected Chairman of ACC, Forese doesn’t win so is out, Olson stays on, and newly appointed Kennedy prepares to subpoena APS for political spending records.
January 9, 2019 - New docket is opened for APS rate review, per Commissioners Burns and Dunn to be performed by outside consultant. Overland Consulting is ultimately hired by ACC and paid $250k to perform APS rate review to see if APS over-earned and determine if rate plan education was sufficient.
January 31, 2019 - Champion files request to intervene in rate review docket on her own without attorney. APS files opposition to Champion’s request on February 6. Champion files response to APS on February 8, and on February 14, Administrative Law Judge Sarah N. Harpring grants Champion’s Intervenor status.
March 2019 - APS finally acknowledges spending millions to elect Corporation Commission members, after years of questions.
April 4, 2019 - Additional APS spending comes into the light.
April 9, 2019 - Administrative Law Judge Jane L. Rodda issues her Recommended Order and Opinion in Champion Complaint, basically saying the Complaint should be dismissed.
April 15, 2019 - Champion looks for the APS Annual Report on the Arizona Corporation Commission website, and finds it hasn’t been filed. She is most interested in seeing what the shutoff data looks like after the first full year unjust rate hike was in effect. Champion calls ACC and is told APS has requested a 30 day extension.
April 23, 2019 - Champion, et al vs. Arizona Public Service is discussed at Open Meeting (begins at 3:23:00). Commissioners do not dismiss Complaint as Judge Rodda had recommended, voice frustrations.
April 23, 2019 - In the rate review docket, Champion files Motion to Compel ACC staff to submit to legally entitled data requests, as well as submission of documents received through first APS data request that highlights the cozy relationship between ACC Staff and APS. Champion also submits public records requests to ACC. Champion’s Motion to Compel is blatantly ignored by ACC, as are the majority of her data requests.
April 30, 2019 - Champion discusses rate hike rehearing battle on Sunday Square Off with Brahm Resnik/12 News.
May 15, 2019 - Champion checks back in with ACC about APS Annual Report and is provided with the link on May 16. She immediately recognizes the shutoff/termination data is completely missing from the report. Begins asking ACC staff questions, doing research, and making public records requests. Champion discovers ACC staff has changed the template for the annual report, omitting only this data, and is told by staff the one page of shutoff/termination data was removed to “streamline the process.”
May 20, 2019 - Champion writes op-ed: The Corporation Commission will hear our complaint May 21 about Arizona Public Service's rate hike, which we believe impacts customers far more than advertised.
May 22, 2019 - Champion, et al vs. Arizona Public Service on Open Meeting agenda again (begins at 1:14:47). Complaint is still not dismissed by Commissioners.
May 27, 2019 - Champion receives 2018 APS shutoff data from records request and discovers a significant increase in shutoffs after unjust rate hike. Joe Dana who also submitted records requests from 12 News reports “1 in 10 APS customers lost service for unpaid bills in 2018.” (Having this information would have also been helpful during May 22 open meeting to illustrate the large number of ratepayers affected and struggling post unjust rate hike.)
May 30, 2019 - Utility Dive reports on the resignation of Commissioner Andy Tobin and Gov. Ducey’s appointment of Lea Marquez Peterson to replace him. “Following frustrations with staff as ‘sixth commissioner.”
June 4, 2019 - ACC Staff submits whitewashed Rate Review and Customer Outreach Program Evaluation of Arizona Public Service Company into the Rate Review Docket.
June 11, 2019 - Rate Review Open Meeting (begins at 3:25:50) where not one Commissioner asks ACC staff or APS any questions about report, nor is Overland Consulting who was hired to conduct $250k rate review present at the meeting. Champion speaks up and expresses frustration over lack of transparency, numerous inconsistencies in report, and general frustrations over Commissioners playing kick the can.
June 13, 2019 - Elizabeth Whitman, a journalist from Phoenix New Times, breaks story - “On 107-Degree Day, APS Cut Power to Stephanie Pullman's Home. She Didn't Live.” As Whitman had made inquiries to APS and ACC prior to story being released, APS put full PR spin machine into gear, then worked to get another local reporter to “break” the story that APS was temporarily halting disconnects after just learning of a customer’s death after a shutoff. Though this reporter did push the APS messaging prior to Whitman’s story going live shortly after, it was glaringly apparent the company and ACC Staff were in damage control mode.
June 14, 2019 - The Utilities Division Staff requests that a new docket be opened for the purpose of commencing an emergency rule-making process to enable the Commission to review and amend the current rules regarding termination of service.
June 16, 2019 - Champion discusses Pullman’s death, APS spin, and ACC staff shenanigans with Brahm Resnik/12 News on Sunday Square Off.
June 19, 2019 - “Woman Dies After APS Cuts Her Power, and CEO Don Brandt Gets an Award” - so Champion plans press conference and protest with Tom Ryan, a well-known consumer advocate and attorney, obtained permission from Stephanie Pullman’s family to use her photos on posters, and got a statement from family about their mother’s death to be read at press conference. The protest was held on June 20th, as APS CEO Don Brandt was receiving an award, without publicly stating anything about Ms. Pullman’s death. That morning, while trying to promote the protest, Champion discovers: “As Activists Protest APS CEO Don Brandt, Facebook ‘Mistakenly’ Blocks Organizer.”
June 20, 2019 - ACC votes to pass emergency rules for no termination of service through October 15, 2019.
June 26, 2019 - J.D. Power releases their 2019 Electric Utility Residential Customer Satisfaction Study, which shows APS tied for bottom place, even ranked below PG&E.
June 26, 2019 - ACC Staff release report on Stephanie Pullman shutoff: APS can't prove it followed rules prior to shut-off that led to woman's death, regulators say.
June 27, 2019 - Recommended Order and Opinion is issued in rate review docket. States APS is to file a new rate case by October 31, 2019, kicking the can down the road and offering no relief to price-gauged ratepayers.
July 3, 2019 - Howard Fischer/Capitol Media Services reports: APS settled lawsuits involving 2 other customers who died after power shut off.
July 10, 2019 - Arizona Corporation Commission votes to keep 2017 APS rate hike in Champion Complaint, Open Meeting where this agenda item begins is at 7:35:00.
July 19, 2019 - Commissioners submit a list of questions to be answered by APS CEO Don Brandt at the August Open Meeting.
July 27, 2019 - Cindy McCain writes op-ed titled “Maligned Don Brandt of APS is a good and decent man” which runs with a photo of Champion at the protest she organized during Brandt’s award ceremony after Pullman’s death comes out. In it, McCain says, “As his family, friends and colleagues celebrated his tremendous contributions to Arizona, protesters staged a dangerous scene outside the reception hall, engaging in unfair personal attacks and chanting heinous messages crafted to incite hate and fear.” She also refers to Champion as a demagogue, which APS lobbyists and paid hacks then parrot on Twitter while trying to discredit and defame her. Champion pens a response to the McCain op-ed which is published by the AZ Mirror, Elizabeth Whitman/Phoenix New Times connects the dots on Brandt’s millions in donations to the McCain’s, and Laurie Roberts from the AZ Republic weighs in.
August 2, 2019 - Hearing for APS leader in wake of customers' deaths delayed until September, Champion does interview with Dennis Welch/azfamily expressing frustration over delay.
August 13, 2019 - Brahm Resnik/12 News reports: More deaths may be linked to power shut offs in Phoenix area. “Researchers looked at nearly 20 years of data and found up to 200 people have died after their power was turned off.”
August 20, 2019 - Arizona regulators won’t release 3rd-party audit of APS conducted by Overland Consulting for $250k.
August 21, 2019 - APS parent company, Pinnacle West Capital Corp. issues press release announcing APS CEO Don Brandt will retire on November 15, 2019.
August 27, 2019 - Elizabeth Whitman/Phoenix New Times reports: Stephanie Pullman's Family 'Reaches Agreement' With APS.
September 3, 2019 - Jim Small & Jeremy Duda/AZ Mirror, deep dive into Brandt’s perks - “Taking stock: APS’s election spending meant millions for its CEO.”
September 4, 2019 - APS CEO Don Brandt and additional APS executives answer questions at special Open Meeting. From Joe Dana/12 News video: "People around this state love APS."
September 12, 2019 - Champion receives letter from APS saying she could save $188 per year if she switches to demand plan. She calls APS for clarification, and is given blatantly wrong information by APS customer service rep who tells her demand fee is set $17.40/mo. charge. Rep hangs up on her, Champion calls back and speaks to more knowledgeable rep, but is then placed on hold until rep comes back on to say she can no longer speak to her because of ACC Complaint. Champion then begins email thread with Elizabeth McFall from APS, and learns from these emails that data from APS tied to supposed “savings” does not match up with her actual billed data. Padgaonkar then begins looking into rate comparison tool and inaccurate data being used by APS to “project savings.”
September 30, 2019 - ACC Stakeholder Meeting and Workshop (In the matter of Proposed Modifications to the Rules Regarding Termination of Service) is held. ACC staff started out with a temperature threshold of 95 degrees, but increased it to 105 degrees after meeting with utilities. RUCO admits to not having any public-facing information with regard to their “stakeholder” meetings, Champion repeatedly brings up the need for public health experts and the science community to be engaged in process, and Padgaonkar advocates for date-based permanent rule.
October 2, 2019 - Champion on Arizona Horizon to discuss ACC Hearing on utility shutoffs. Champion also submits a list of public health and science experts into the docket.
October 10, 2019 - A second Stakeholder Meeting and Workshop (Rules Regarding Termination of Service) is held. Champion and Padgaonkar are on call and many things come to light with regard to deposits, etc.
October 17, 2019 - Padgaonkar files document into termination rules docket stating the high APS prices are main culprit of shutoffs.
October 28, 2019 - ACC staff, Commissioners and RUCO still fail to make contact with public health and science experts. Whitman/Phoenix New Times writes story: How Hot Is Too Hot? AZ Regulators Ignore Science in Weighing Shutoff Protections, and Champion submits research document into the docket the following day. Shortly after Whitman’s article was published, ACC staff finally reached out to experts, though it is important to note that as of December 2019, these experts have still not met with ACC staff, Commissioners, or RUCO to provide vital information, and no further meetings or workshops have been held to discuss permanent rules.
October 29, 2019 - 12 News and ASU First Amendment Clinic finally get unredacted 3rd party Overland Consulting report from ACC which shows: Audit report: APS earned $77 million more than expected in 2018, 80% from customers. Expert Abhay Padgaonkar helps explain in interview with Joe Dana/12 News.
October 30, 2019 - Champion files document into termination rules docket again pushing for data-driven policy to protect public health.
October 31, 2019 - APS files new rate case asking for an additional $184 million rate hike.
November 3, 2019 - Champion launches new #NoAPSRateHike petition.
November 4, 2019 - Joe Dana/12 News asks RUCO Director Jordy Fuentes why APS has prices so much higher than other Arizona utilities. Fuentes can’t answer.
November 8, 2019 - AZ Mirror reports: Pinnacle West paying ex-CEO Brandt big bucks for consulting
November 13, 2019 - Padgaonkar files document/analysis in rate review docket showing APS rate comparison tool is inaccurate, misleading, and driving people to plans that will cost them more money.
November 15, 2019 - APS admits rate comparison tool is broken, claims tool has only been giving ratepayers inaccurate info since February 2019 and takes the tool down.
November 20, 2019 - Champion and Padgaonkar both push back on APS’ claim. Champion files 30 page document into docket along with public records requests she has received. Courtney Holmes with ABC15 does story about frustration. Commissioners write blustery letters into the docket about being “appalled and frustrated.”
December 2019 - Energy and Policy Institute issues report - Strings Attached: How utilities use charitable giving to influence politics and increase investor profits - highlighting Arizona Public Service
December 7, 2019 - Op-ed by Padgaonkar - APS claims it needs a rate increase to improve your service. Don't believe it.
December 9, 2019 - Padgaonkar files document into rate review docket with additional proof that APS knew rate comparison tool was faulty prior to admitting.
December 10, 2019 - Champion files document into rate review docket highlighting absurdities of APS claims and website, and asking Commissioners if they’ve read the thousands of APS ratepayer complaints submitted to ACC.
December 11, 2019 - Open meeting is held to question new APS CEO Jeff Guldner about flawed APS rate comparison tool (first portion begins at 2:06:56 and second part begins at 3:16:50). As Champion is an intervenor, she attempts to ask questions while surrounded by a small army of APS employees, and at 6:40 p.m., after realizing Commissioners are not going to take any action, Champion pleads for Commissioners to do their job.
December 13, 2019 - Commissioner Kennedy receives requested APS ratepayer complaints from ACC staff the day after the Open Meeting which verifies APS Knew of Flaws in Its Rate Comparison Tool Back in 2017, Complaints Show. Also, later this evening, Joe Dana/12 News breaks story that APS is under investigation by AZ Attorney General’s office for potential consumer fraud, tied to the faulty rate comparison tool, etc.
December 14, 2019 - Champion responds to APS “stakeholder group” email invitation, declining participation. She also CC’s all Commissioners and asks the question: “I would be curious to know when the Attorney General’s office first contacted APS, and if prior to Wednesday’s open meeting, why wasn’t that disclosed?” *Chairman Burns files Champion’s email thread into the rate review docket on December 16.
December 16, 2019 - Dennis Welch/azfamily does story on Attorney General investigation. Commissioner Dunn claims to have only found out about the Attorney General’s investigation on December 13, 2019, after open meeting.
December 17, 2019 - Padgaonkar discovers another flaw on the APS website tied to billing. He files his findings into the rate review docket. Joe Dana/12 News reports on it.
December 18, 2019 - Laurie Roberts/AZ Republic writes: APS misled customers for years. What else will the AG's fraud investigation reveal? “Commissioner Justin Olson told me he learned about the AG's consumer fraud investigation shortly before the Dec. 11 public hearing but was advised by the commission's lawyer not to bring it up because such investigations are supposed to be confidential.” Later in the day, Commissioner Marquez Peterson files long letter into rate review docket, stating she was also made aware of Attorney General’s investigation prior to December 11 open meeting, but was informed by both APS and ACC legal staff that the investigation was “confidential.” *Personal note: If ACC legal staff is giving blatantly wrong advice to Commissioners, and Commissioners aren’t capable of doing a quick Google search or picking up the phone to directly call the AG’s office, we have a much larger problem.
December 19, 2019 - APS Rate Case Procedural Schedule meeting.
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