It’s an Election Year for the Arizona Corporation Commission

Here’s why Arizona business owners and residents should care

by Jennifer Cranston

This November, Arizona voters will have the opportunity to elect three of the five seats on the Arizona Corporation Commission — thereby determining the majority of officials controlling this powerful regulatory body.

For those wondering, “What is the Commission?” and “Why should I care?” read on.

What Is the Arizona Corporation Commission?

The Commission is unique. First, it derives its existence and authority from the Arizona Constitution, not from statute as in most states. Second, Arizona Commissioners are elected in a statewide election rather than appointed by the legislature or governor. Third, the Commission is tasked with a broad set of responsibilities that go beyond corporate entity administration. The Commission’s authority extends to public utilities regulation, securities regulation, and railroad and pipeline safety.

Given its constitutional roots and the fact that it functions separately from the other three branches of state government (executive, legislative and judicial), the Commission has historically viewed itself as the “fourth branch” of the Arizona government.

Why Should I Care?

While all the Commission’s areas of responsibility are important, the one that most directly impacts Arizona businesses and residents is the Commission’s regulation of non-municipal public utilities providing electric, gas, water, wastewater and telecommunications services. These utilities include Arizona Public Service, Tucson Electric Power, Southwest Gas, Lumen (formerly CenturyLink), and numerous water and sewer companies throughout the state.

Under the Arizona Constitution, the Commission possesses exclusive authority to set the rates charged by these utility providers. Additionally, the Commission oversees various non-rate issues, including consumer complaints against utilities as well as policy matters impacting public health and safety.

As elected officials, the Commissioners often look to the public for guidance in making difficult decisions. For example, in setting utility rates, the Commission faces the daunting task of balancing the needs of (1) utilities to remain economically viable in order to provide safe and reliable services and (2) customers to receive critical services at reasonable and affordable prices. Input from the voting public has and will continue to play a vital role in the Commission’s deliberation of these and other important policy issues.

It is my hope that, with a better understanding of what the Commission does and how its work impacts individuals and businesses throughout Arizona, voters will be in a better position to evaluate the candidates and elect those who will best fulfill the obligations of the office.

2024 ACC Candidates

Ylenia Aguilar was born in Mexico and has called Arizona home for 32 years. Her public service experience includes membership on the boards of the Central Arizona Water Conservation District, Osborn School District and Vitalyst Health Foundation. Her priorities in running for the Commission are integrity, renewable energy and consumer protection.

Professionally, Aguilar works as the business development manager for Gybe, a water analytics company that helps organizations optimize watershed health, and is a member of the Water Positive Think Tank.

Aguilar earned her undergraduate degree in Latin American Studies from the University of Arizona.

Jonathon Hill was born and raised in Arizona and currently resides in Tempe. He is running for the ACC because, as his website says, “he believes the commission needs members with technical backgrounds in order to successfully regulate Arizona’s utilities.” He has identified several key issues he would like to address as a Commissioner, including solar jobs and cybersecurity.

Professionally, Hill has worked as an engineer and scientist at the ASU Mars Space Flight Facility for the past 17 years, where he operated the University’s camera on NASA’s Mars Odyssey spacecraft and its instruments on two Mars rovers. He also worked on other NASA missions, including supporting the University of Arizona’s OSIRIS-REx asteroid mission and NASA’s Clipper mission.

Hill earned undergraduate degrees in aerospace engineering and Russian, as well as master’s degrees in aerospace engineering and geological sciences and a Ph.D. in geological sciences, all from Arizona State University.

Rene Lopez is a third-generation Arizonan, currently living in Chandler. His public service experience includes membership on the Chandler City Council as well as various roles for the Republican Party. His campaign for the Commission focuses on utility accountability, energy diversity, rate affordability and energy reliability.

Professionally, Lopez served in the U.S. Navy for 22 years in various positions that include a cryptologic officer and in Special Operations. His work experience also includes roles in the telecommunications and oil and gas industries. Lopez also co-founded CeCe’s Hope, a Chandler nonprofit that helps young women rescued from sex trafficking.

Lopez is the first in his extended family to graduate college, earning his undergraduate degree in nuclear engineering from the University of Arizona.

Lea Márquez Peterson is a native of the Southwest and currently resides in Tucson. She is the sole incumbent running for the Commission, where she has served since 2019. During her time with the Commission, Peterson held the position of chairwoman and focused on rate affordability and supporting voluntary renewable energy goals. She has also been appointed to various utility-related organizations, including the Electric Power Research Institute and the National Association of Regulated Utility Commissioners.

Professionally, Peterson has owned and operated several businesses in southern Arizona. She also served as president and CEO of the Tucson Hispanic Chamber and executive director of Greater Tucson Leadership.

Peterson earned undergraduate degrees in marketing and entrepreneurship from the University of Arizona and her Master of Business Administration from Pepperdine University.

Joshua Polacheck grew up in the rural West and is currently a resident of Tucson. In 2020, he became active in politics through the Pima County Democratic Party. As a candidate for the Commission, Polacheck is focused on affordability, reliability and security with an emphasis on ensuring energy independence from out-of-state fossil fuels.

Professionally, Polacheck served almost 20 years as a commissioned foreign service officer with the U.S. Department of State, including four tours in the Middle East. Polacheck also has experience as a leadership and public affairs consultant with New York-based SPYEX.

Polacheck earned his undergraduate degree in history from Brandeis University and a master’s degree in public administration from Havard University Kennedy School.

Rachel Walden is a long-time Arizonan, currently residing in Mesa. Her public service experience includes membership on the Mesa Public Schools Governing Board and as a precinct committeeman and state committeeman for LD 10. Her campaign priorities focus on making the Commission more efficient and supporting resource adequacy as well as advocating against Green New Deal policies and government mandates and subsidies.

Professionally, Walden’s career in finance began in the family office of her mother’s financial planning business. She then managed institutional accounts at The Vanguard Group, holding securities licenses and undergoing training on fraud prevention and other securities-related topics.

Walden is a first-generation college graduate, earning her undergraduate degree and a Master of Arts from Arizona State University.

Jennifer Cranston is a shareholder at Gallagher & Kennedy in Phoenix and a member of the firm’s board of directors. Her unique practice includes real estate litigation, insurance coverage and utility regulation. For more than 24 years, she has counseled land developers and private property owners in condemnation actions and valuation issues. In her insurance practice, Cranston advises insurers, business owners and individuals on coverage and bad faith issues. In her regulatory practice, she advocates for public utilities in rate cases and policy matters before the Arizona Corporation Commission.

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