Does Arizona law give regulators the power to gather information on a utility’s lobbying activity, as well as political and charitable contributions?

Attorney General Mark Brnovich will have to answer that question for Corporation Commissioner Bob Burns, who on Tuesday requested a formal opinion on the matter. 

For months, the commissioner has been threatening to exercise his subpoena power. He wants to determine whether Arizona Public Service was behind millions in so-called "dark money" to support the candidacies of two commissioners in the 2014 election cycle.

Burns has argued he has such authority because spending is relevant to rate making and protecting the public interest.

ARS 40-241, the law Burns is citing, states: "The commission, each commissioner and person employed by the commission may, at any time, inspect the accounts, books, papers and documents of any public service corporation, and any of such persons who are authorized to administer oaths may examine under oath any officer, agent or employee of such corporation in relation to the business and affairs of the corporation."

Burns is also requesting Brnovich explain if the statute permits commissioners to examine "the degree to which a public service corporation and its affiliates are intertwined in terms of organization, operations and structure." 

APS has declined to reveal this information or to promise not to spend money on future races.