Outgoing ACC Chair Says Formula Rate Policy Will Define His Legacy

Arizona Corporation Commission Chair Nick Myers lost his reelection bid in July, but he now believes the outcome may have been in his favor. He served a four-year term marked by high visibility and friction with other branches of government. The commission faced scrutiny over disputes with the Legislature and the attorney general. Rapid data center growth and rising energy costs also drew public attention. Additionally, the commission’s new formula rate policy statement created conflict among stakeholders.

Myers began his career as a software engineer for 18 years before moving into various entrepreneurial ventures. He built aircraft fuel systems, trained dogs, and ran an IT business. One of his final roles involved delivering water, which led to a professional dispute with George Johnson. That disagreement resulted in six to seven years of hearings before the commission. After gaining intimate knowledge of the agency’s processes, Myers considered running for a seat. His father, a former Kansas city councilman, encouraged him to proceed despite the challenge.

When Myers ran for the first time, the pandemic disrupted his campaign, and he lost. Rep. Jacqueline Parker’s election to the Legislature opened a path for Myers to join the staff as a deputy policy advisor. He spent two years in that role, which he described as a steep learning curve. By the time he took office as commissioner, he felt more prepared than most new arrivals. He noted the commission handles a wide range of technical issues, including securities, telecommunications, and pipeline safety.

Myers stated that the commission has constitutional responsibilities that limit its discretion. He explained that regulators cannot simply reject rate cases if utilities argue they need adjustments to stay in business. The process involves an 18-month review before a judge with cross-examinations and intervenors. His goal is to keep rates as low as possible while allowing utilities to operate effectively. He emphasized that the commission acts more like a judicial branch than a legislative one, requiring evidence and due process rather than political preference.

He identified the formula rate policy statement as his primary legacy. The policy requires utilities to submit rate filings annually if they opt into the formula. This prevents the long gaps between rate cases, which can sometimes span decades. Annual filings allow the commission to monitor utility performance and align rates with inflation. Myers argued this structure opens the door for rates to decrease, which rarely happens when utilities control the timing of their own filings. He said he would defend the policy despite mixed reactions.

Myers expressed a wish to see more nuclear energy projects developed in Arizona. He noted that nuclear power is no longer a partisan issue but faces long construction timelines and technical hurdles. He hoped the state could become an industrial hub for this sector. He also shared his perspective on his election loss. He observed that political opponents may use negative tactics to win, while he preferred to serve honestly. He said he is content with the outcome because it allows him to step back from the political arena.

Following his term, Myers interviewed with the Federal Energy Regulatory Commission and the U.S. Department of Energy. A deputy executive director position at the state commission is currently unfilled. He believes his historical knowledge of the agency and existing legislative contacts make him a strong candidate for that role. He confirmed he will remain involved in the energy and utility sectors. He stated he will not run for Commissioner Lea Màrquez Peterson’s open seat, which is two years away, and he is unlikely to seek another statewide office unless specific personal conditions are met.