On Thursday, July 2, 2009, SolarCity Corporation (“SolarCity” or “Company"), filed an application with the Arizona Corporation Commission ("ACC" or "Commission") asking for a determination that the Company would not be acting as a public service corporation pursuant to Article 15, Section 2 of the Arizona Constitution when entering into Solar Services Agreements ("SSA") with schools, non-profit organizations and government entities ("Application"). Solar City is asking for a determination without an evidentiary hearing.
On Monday, July 13, 2009, RUCO filed a motion to intervene in the case on behalf of residential ratepayers.
On Wednesday, July 22, 2009 the Administrative Law Judge ("ALJ") assigned to the case issued a procedural order that granted RUCO's request and scheduled an evidentiary hearing on the relief requested by the company for 10:00 am on Wednesday, October 14 2009, at the ACC's offices at 1200 W. Washington in Phoenix.
On Friday, August 14, 2009, ACC Staff filed a staff report and a recommended order, for the Commission to act on, that evaluated the two SSA's that SolarCity has entered into with the Scottsdale Unified School District.
SolarCity filed direct testimony as scheduled on Monday, August 24, 2009.
ACC Staff, RUCO and other intervenors to the case filed direct testimony on Wednesday, September 30, 2009.
The Evidentiary hearing began as scheduled on Wednesday, October 14, 2009. During the hearing, RUCO director Jodi Jerich testified on the issues in the filing.
On Tuesday, December 15, 2009, RUCO filed its initial closing brief. Reply briefs were filed on Friday, January 15, 2010.
After weighing all of the evidence presented during the proceeding, the ALJ assigned to the case issued her Recommended Opinion and Order ("ROO") on Friday, May 28, 2010. The ROO recommended that the types of solar financing agreements that the Company offers be subject to regulation by the ACC.
On Thursday, June 10, 2010, RUCO filed exceptions to the ROO.
On Monday, June 28, 2010, RUCO filed comments supporting ACC Commissioner Gary Pierce's proposed amendment #1, which reversed the recommendations contained in the ROO, in response to his letter of June 15, 2010.
During the Regular Open Meeting held on Wednesday, June 30, 2010, the five sitting Commissioners adopted an amendment offered by ACC Chairwoman Kris Mayes and passed an amended ROO by a vote of 5-0. The final decision finds that SolarCity is not a public service company and adjudicates SolarCity, and the types of solar financing agreements that the Company offers from ACC Regulation.