Letter to Arizona Attorney General Brnovich

March 23, 2015


The Honorable Mark Brnovich

Attorney General of Arizona

1275 West Washington Street

Phoenix, AZ 85007-2926


Dear Mr. Attorney General:

I am the Executive Director of the Checks and Balances Project, a government and industry watchdog. I am writing to you after reading about a push poll disclosed by the Arizona Capitol Times on Friday, March 20, 2015. The article is titled, “Looking for Trouble in All the Solar Places” (see attached). It quotes the owner of the push poll group as acknowledging that the effort is really to discover negative experiences with residential solar.

Given your investigation into the claims of a staff whistleblower about conduct of at least two members of the Arizona Corporation Commission in a dark money scheme, I am writing to request that you:

  • Investigate whether or not Arizona Public Service (APS) is connected with efforts by the Virginia-based Taxpayers Protection Alliance to conduct this door-to-door push poll, designed solely to discredit the residential solar industry in Arizona.
  • If APS is connected, determine the extent to which APS has used ratepayer funds to underwrite this effort to protect its status as a highly profitable, incumbent monopoly.
  • Determine which specific executives at APS approved the funding for the push poll.
  • Provide an opinion on this as a proper use of APS ratepayers’ money without their consent.

Arizonans deserves to know whether or not APS hired the Taxpayers Protection Alliance directly or through the front group, American Encore. Formerly known as the Center to Protect Patient Rights, American Encore is run by Mr. Sean Noble who, during the 2013 net metering debate, APS acknowledged funneling money to in order to bolster APS’s position.

I appreciate that APS spent a large amount of money advocating for your candidacy for Arizona Attorney General. However, I trust your office will conduct a thorough and impartial investigation.

Thank you for considering my request. Please contact me if you have any questions.



Scott Peterson

Executive Director

Checks and Balances Project

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