30-808. Action to set aside or modify certain orders or decisions of public power entities; filing; limitation; superior court

569 words·~3 min read·/az/title-30/30-808

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. Any person, or the attorney general on behalf of this state, who is dissatisfied with an order or decision of the governing body of the public power entity made in the course of a ratemaking or rate design process, within thirty days after a rehearing is denied or deemed denied, may commence an action in superior court in the county in which the governing body of the public power entity has its office, against the governing body of the public power entity as defendant, to vacate, set aside, affirm in whole or in part, reverse in part or remand with instructions to the governing body of the public power entity the order or decision on the grounds that the order or decision is unlawful or is not supported by substantial evidence or that the governing body abused its discretion.

The answer of the governing body of the public power entity shall be served and filed within twenty days after service of the complaint, and the action shall be at issue and ready for trial on ten days' notice to either party. The action shall be tried and determined as other civil actions except as provided in this section.

B. If the governing body of the public power entity rescinds the order or decision complained of, the action shall be dismissed and if the governing body of the public power entity alters, modifies or amends the order or decision, the altered, modified or amended order replaces the original order complained of and judgment shall be given on the order as though made by the governing body of the public power entity in the first instance.

C. Except as otherwise prescribed by this section, the trial shall conform as nearly as possible to other trials in civil actions. Judgment shall be given to vacate, set aside, affirm in whole or in part, reverse in part or remand with instructions to the governing body of the public power entity the order or decision on the grounds that the order or decision is unlawful or is not supported by substantial evidence or that the governing body abused its discretion.

D. Either party to the action, or the attorney general on behalf of this state, within thirty days after the judgment of the superior court is given may appeal to the court of appeals.

E. In all trials, actions and proceedings the burden of proof is on the party adverse to the governing body of the public power entity or seeking to vacate or set aside any decision or order of the governing body of the public power entity to show that it is unlawful, that it is not supported by substantial evidence or that the governing body of the public power entity abused its discretion.

F. Except as provided by this section no court of this state shall have jurisdiction to enjoin, restrain, suspend, delay or review any order or decision of the governing body of the public power entity or to enjoin, restrain or interfere with the governing body of the public power entity in the performance of its official duties and the rules, orders or decrees fixed by the governing body of the public power entity remain in force pending the decision of the courts. A writ of mandamus may be issued from the supreme court to the governing body of the public power entity in cases authorized by law.