AriSEIA Files Reply Brief in Appeal Challenging Elimination of Net Metering for C&I Customers

The Arizona Solar Energy Industries Association (AriSEIA) filed its reply brief with the Arizona Court of Appeals in its challenge to Arizona Corporation Commission Decision No. 81586, which eliminated net metering for commercial and industrial (C&I) customers of Sulphur Springs Valley Electric Cooperative. AriSEIA argues that the new tariffs conflict with the Commission’s existing Net Metering Rules.

At the center of the appeal is a straightforward question: can the Commission eliminate net metering for C&I customers through an individual rate case while its Net Metering Rules remain in effect? AriSEIA argues that the Commission has the authority to change its net metering policy, but it must first amend or repeal its existing rules through the required rulemaking process. The Commission’s authority to approve utility tariffs does not give it authority to approve tariffs that conflict with the substantive requirements of its own rules.
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The reply brief also rejects arguments that requiring the Commission to follow the rulemaking process would interfere with its constitutional ratemaking authority. The Commission adopted the Net Metering Rules and remains free to change them, but those rules remain binding until they are lawfully amended or repealed. AriSEIA is asking the Court of Appeals to vacate Decision No. 81586 and require the Commission to follow its existing Net Metering Rules.

2026-08-13_-_reply_brief__final_.pdf
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