Arizona Utility Company Owner Getting Rate Payers to Pay HIS Income Taxes?

Now this seems like a case of blatant influence peddling to me, but the owner of a water utility company in Arizona is seeking the assistance of a friendly state regulatory agency to allow him to charge his customers a higher rate so that he can use their money to pay his income taxes.

The Arizona Republic recently posted a story by Ryan Randazzo that breaks down all the players nicely, but it is a somewhat confusing story nonetheless.

It appears that a real estate developer named Ed Robson started the community of water customers in question, a community of some 10,000 homes in the southwest valley called Sun Lakes. Not surprisingly, Robson also owns Pima Utilities, the water company that serves that community and the one seeking the rate hike.

Robson’s Pima Utility Company is trying to cajole the supposedly non-political Arizona Corporation Commission (ACC) to give it permission to raise rates on Sun Lakes residents. To further his goal, Robson has attained the services of Mark Spitzer a highly paid lobbyist, former Bush appointee to the Federal Energy Regulatory Commission, and, not coincidentally, also a former member of the ACC.

If Robson gets his way 40 percent of the rate increase will go to pay his personal income tax burden.

How would that work?

First of all, it would be a change back to an older practice if the ACC acquiesces. There was a time when small utility company owners whose companies were organized as “S” corporations, of which there are many in Arizona, were able to use money from rate payers to pay owner’s and even shareholder’s income taxes. That was changed some time ago and Robson wants that reversed.

Robson explains that his request should be no big deal since larger utility companies in Arizona are allowed to roll tax expenses into rate hikes. But those other large companies are not owned by individuals like Pima Utilities is.

Naturally the Residential Utility Consumer Office (RUCO) is not too thrilled with the whole idea.

One of the main arguments from RUCO is that the Pima shareholders might have other business interests that lose money, and if they combine the tax credits of those operations with the tax liability from the water utility, they might not pay taxes at all, even though the customers would be paying a “phantom tax.”

“When this happens, this is essentially free money for the shareholders paid by the ratepayers who receive no benefit from these payments,” RUCO wrote in a brief for the case.

RUCO Director Jodi Jerich also thinks that ACC would be violating its legal duties to protect rate payers if it allows this deal to go through. He also wonders if this precedent would also allow every other utility in Arizona to try and get the same sweet deal? Who would doubt that?

But something else comes to mind here. We have a guy that essentially owns the community and the water company who is setting up a sweet deal with possibly compliant government agencies within which he has friends to get his income tax paid for by the people he supposedly serves with his water service. So who is serving whom here? Doesn’t it seem like the worst case of influence peddling? Doesn’t it all smack of the old company owned communities that so unfairly bedeviled miners reminiscent of the song “16 Tons“?

I’m all for capitalism, but this seems all very unfair. It seems like an awful lot of power in one man’s hands and at the expense of customers.Sort of seems like crony capitalism to a degree, doesn’t it?

The ACC is holding a hearing to discuss this case at 10 a.m. Tuesday at the Sun Lakes Country Club’s Navajo Room, 25601 N. Sun Lakes Blvd.

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Posted by on July 10, 2012.
Filed under Business, corruption, Culture Of Corruption.
Warner Todd Huston is a Chicago-based freelance writer, has been writing opinion editorials and social criticism since early 2001 and is featured on many websites such as Andrew Breitbart's BigGovernment.com and BigJournalism.com, RightWingNews.com, CanadaFreePress.com, RightPundits.com, StoptheACLU.com, Human Events Magazine, among many, many others. Additionally, he has been a frequent guest on talk-radio programs to discuss his opinion editorials and current events.He has also written for several history magazines and appears in the new book "Americans on Politics, Policy and Pop Culture" which can be purchased on amazon.com. He is also the owner and operator of PubliusForum.com. Feel free to contact him with any comments or questions, EMAIL Warner Todd Huston: igcolonel .at. hotmail.com"The only end of writing is to enable the reader better to enjoy life, or better to endure it." --Samuel Johnson

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  • herddog505

    Remember: we NEED lots of government and lots of regulation to stop Fat Cats exploiting people. As we ALL know, government agents and regulators ALWAYS have NOTHING but the interests of the public at heart; they are NEVER corrupt tools of Fat Cats.
    Right?
    Right?

  • Commander_Chico

    Good post, there’s hope for you yet, Warner.

    Robson is an example of a local oligarch.

    • warnertoddhuston

      “Robson is an example of a local oligarch.”

      Seems to me that is true and that violates free market principles as far as I am concerned.

  • herddog505

    I wonder if some investor – maybe a group of the residents in the community – could start a rival water company?

    Nah… that’s probably against the law.

    • Commander_Chico

      Some things are natural monopolies – water/sewer is one of them. That’s why they have to be regulated – people have to have water, so there’s no price they won’t pay.

      • herddog505

        That’s true of several things: food, water, power, even a car. Yet, some of those things are not sold by monopoly. I suggest that a monopoly is only “natural” to the extent that it’s convenient: it’s more expensive and troublesome than it’s worth, for example, to try to create my own power company to compete with Duke Energy here in North Carolina. Natch, politicians (paid by the monopolies) take good care to see to it that it will remain much more trouble. It’s a nice little bargain: “You don’t f*ck the public too hard, and we’ll keep competition out of your way.”

  • 914

    I would claim the rate hike paid to Robson on my taxes.