Amy Dominguez, amy.dominguez@sierraclub.org
Phoenix – On Friday, Jan. 3, 2025, the Arizona Court of Appeals ruled that Salt River Project (SRP) is subject to the state’s Public Records Law, marking a significant victory for future transparency and accountability from the utility. The decision affirmed a 2023 Arizona Superior Court’s finding that SRP is subject to the Public Records Law, while rejecting the lower court’s conclusion that nearly all of SRP’s records are confidential and need not be disclosed to Sierra Club. Sierra Club originally filed those records requests in 2021 and 2022 to obtain information about SRP’s resource planning process. After SRP refused to provide many of the requested records, Sierra Club filed suit in 2022.
SRP has long argued that it wasn't subject to Arizona’s public records law by claiming that it wasn't a "public body" under the law, but the court decisively rejected SRP's argument in this case, concluding that SRP is a public body because it is a political subdivision of the state of Arizona.
The court of appeals also determined that the superior court had misinterpreted an Arizona statute protecting certain public power entity records, like SRP’s, as confidential when linked to competitive activity. The superior court wrongly assumed blanket confidentiality without examining the requested records. The court of appeals found this interpretation too broad, requiring the lower court to analyze the records to determine if they involve competitive activity and if its disclosure would benefit SRP’s competitors.
The court of appeals remanded the case to the superior court for further action, requiring the lower court to correct errors in its original decision. The superior court must now evaluate the requested records to determine if they relate to competitive activity, and whether their disclosure would give a competitor a material advantage. After resolving these confidentiality issues, the court must decide whether the records should be disclosed under the public records law.
“As with any other public body, SRP owes Arizonans transparency, and that begins with complying with the state’s public records law,” said Sierra Club Grand Canyon Chapter Director, Sandy Bahr. “The decision by the court of appeals ensures that communities will have access to and be able to inspect records that will inform future projects in order to better hold SRP accountable for its actions.”
“We have always believed that it is clear that SRP is subject to the Public Records Law, and we are glad that the court agreed,” said Chanele Reyes, Attorney with the Arizona Center for Law in the Public Interest. “It is in the public’s best interest that SRP be properly held accountable as a political subdivision of the state of Arizona.”
The court of appeals decision does not affect public service corporations such as Arizona Public Service (APS) and Tucson Electric Power (TEP) that are regulated by the Arizona Corporation Commission (ACC).
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The Sierra Club is America’s largest and most influential grassroots environmental organization, with millions of members and supporters. In addition to protecting every person's right to get outdoors and access the healing power of nature, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.