Areas of Practice

Public Utilities

Jeff Crockett has experience in virtually all facets of public utilities regulation in Arizona. During his 25 years of practice before the Arizona Corporation Commission (ACC), he has developed important relationships with commissioners and staff and a deep knowledge of Arizona utility law. Mr. Crockett regularly represents water companies, sewer companies, an electric company, local telephone companies, competitive telecommunications providers and various intervenors in a wide variety of matters before the ACC including:

• Rate Cases
• Financing Approvals
• New Certificates of Convenience and Necessity (CC&N)
• CC&N Extensions, Transfers and Cancellations
• Main Extension Agreements
• Interconnection Agreements
• Tariff Preparation and Approval
• Utility Asset Sales and Transfers
• Utility Stock Sales
• Mergers and Acquisitions
• Renewable Energy Standard and Tariff
• Resource Planning and Procurement
• Net Metering
• Energy Efficiency
• Public Utility Holding Company Organizations and Reorganizations
• Affiliated Interests Reporting and Compliance
• Annual Report Filing and Compliance
• Complaint Proceedings
• Rulemaking Proceedings
• Public Policy Generic Dockets
• A.R.S. § 40-252 Applications
• Adjudications Not a Public Service Corporation

Mr. Crockett also represents utilities in litigation arising out of the decisions of the ACC. In addition, he represents utilities in matters before the Arizona Department of Water Resources, the Arizona Department of Environmental Quality and the Arizona State Land Department. He also assists utilities in obtaining federal, state, county and city rights-of-way, permits, licenses and franchises.

Beyond ACC regulatory matters, Mr. Crockett advises clients in developing and executing sound business strategies which comply with the complex web of federal, state and local laws in the highly regulated utility industry. He also assists clients in negotiating and drafting contracts in a variety of transactions and provides legal advice on a broad range of matters that come up in the day-to-day operations of a public utility.

In addition to regulated utilities, Mr. Crockett represents developers, municipalities, trade associations, investment funds, homeowners associations and other intervenors in rate cases, complaint cases, merger cases and other proceedings before the ACC, and in line siting proceedings before the Arizona Power Plant and Transmission Line Siting Committee. He is also regularly involved in generic dockets before the ACC to formulate public utility policy for Arizona.

Mr. Crockett assists clients in forming domestic water improvement districts and domestic wastewater improvement districts, and provides legal advice to these special taxing districts on a variety of matters including:

• Formation of New Districts
• District Elections
• Board Meetings and Executive Sessions
• Regulatory Compliance and Reporting
• Compliance and Training Regarding Arizona's Open Meetings Law
• Grants and Loans from the Water Infrastructure Finance Authority of Arizona (WIFA)
• Contract Review and Drafting
• Intergovernmental Agreements
• Water Rights
• Wastewater Treatment and Disposal
• Employment

Mr. Crockett also represents wireless carriers and private landowners in negotiating cell site leases and collocation agreements. He has experience working with tribal councils and tribal enterprises in Indian country, including negotiating contracts that address dispute resolution within the unique context of tribal sovereign immunity.

Renewable Energy

Increased power production costs related to tougher regulatory mandates imposed by the Environmental Protection Agency, public demand for greater energy independence, and a growing concern over the impact of fossil fuels on the environment have sharply increased the focus on renewable and alternative energy sources in recent years. In 2006, the Arizona Corporation Commission (ACC) approved the Renewable Energy Standard and Tariff (REST) rules which are codified at A.A.C. R14-2-1801 et seq. The REST rules require that each regulated electric utility generate 15% of its energy from renewable resources by the year 2025. Of a utility's renewable portfolio, 30% must come from distributed generation (i.e., power generation at the point of consumption). The REST rules encourage utilities to use solar, wind, biomass, biogas, geothermal and similar technologies to generate clean energy. Each year, Arizona's electric utilities are required to file annual implementation plans and budgets describing how they will comply with the REST rules.

Jeff Crockett has experience representing electric utilities and independent power producers in developing renewable energy portfolios which comply with Arizona's REST rules. He advises clients on a broad range of matters including:

• Negotiation of Power Purchase Agreements and Offtake Agreements
• Compliance with the Renewable Energy Standard and Tariff
• Resource Planning and Procurement
• Net Metering
• Energy Efficiency
• Rate Cases
• Financing Approvals
• Power Plant Siting
• Transmission Line Siting
• Production Tax Credit and Other Economic Incentives
• Project Due Diligence
• Water Supply
• Water Rights
• Asset Sales and Transfers
• Rights-of-Way and Easements
• Public Private Partnerships

Water Rights

Nothing is more critical to the development and use of land in the arid southwest than the availability of water and the equally important legal right to use that water. In 1980, the Arizona Department of Water Resources (ADWR) was created to secure long-term dependable water supplies for Arizona's communities. Specifically, ADWR was tasked with administering and enforcing Arizona's Groundwater Management Act and surface water laws. In its role, ADWR oversees the use of surface and groundwater resources under state jurisdiction, explores methods of augmenting water supplies to meet future demand, and develops policies that promote conservation and the equitable distribution of limited water resources. Private landowners, businesses, farmers, public utilities and governmental entities need experienced legal counsel to help with strategic water planning and to assist in navigating the complex web of statutes, rules and case law that govern the use of groundwater and surface water in Arizona.

Jeff Crockett provides advice to clients regarding the many water-related issues that arise in connection with the development and use of real property inside and outside of Arizona's active management areas. He represents developers, golf courses, dairies, businesses, public utilities, farmers, lenders and other clients in the evaluation, acquisition, conservation and protection of groundwater and surface water resources, including Central Arizona Project (CAP) water. He advises clients on a broad range of matters including:

• Acquisition and Development of Water Supplies
• Evaluation of Water Rights and Water Supplies in Business Transactions
• Transfer of Water Rights
• Compliance with ADWR's Assured and Adequate Water Supply Program
  • Designations of Assured Water Supply
  • Certificates of Assured Water Supply
• Establishing Service Area Rights
• Groundwater Rights, Registration and Compliance
  • Annual Use Reports
  • Enforcement Actions
• Conservation and Best Management Practices
• Type 2 Water Rights, Sales and Leases
• Construction and Permitting of Wells and Replacement Wells
• Well Transfers
• Exempt Wells
• Well Sharing Agreements
• Central Arizona Project (CAP) Allocations and Subcontracts
• Central Arizona Groundwater Replenishment District (CAGRD)
  • Enrollment in the CAGRD
  • CAGRD Taxation
• Effluent Recharge and Recovery
• Water Rights Adjudications and Litigation
• Indian Water Rights Settlements
• Severance and Transfer of Surface Water Rights
• Wheeling Agreements
• Arizona Water Bank
• Water Legislation and Policy
• Rulemaking Proceedings
• Public Private Partnerships

Development Services, Zoning and Land Use

Jeff Crockett represents developers, home builders, contractors, and private landowners in the planning, coordination and construction of water, sewer, gas, electric, cable and telephone infrastructure to serve master-planned residential and commercial developments. He advises clients on a variety of matters including:

• Certificates of Convenience and Necessity
• Master Utility Infrastructure Agreements
• Main Extension Agreements
• Preferred Provider Agreements
• Photovoltaic Rooftop Installations
• Electric Transmission Line Siting
• Public Private Partnerships

Mr. Crockett also advises developers and other clients regarding the many water-related issues that arise in connection with the development of real property inside and outside of Arizona's active management areas, including:

• Acquisition and Development of Water Supplies
• Evaluation of Water Rights and Water Supplies in Business Transactions
• Transfer of Water Rights
• Compliance with ADWR's Assured and Adequate Water Supply Program
  • Designations of Assured Water Supply
  • Certificates of Assured Water Supply
• Central Arizona Groundwater Replenishment District (CAGRD)
  • Enrollment in the CAGRD
  • CAGRD Taxation
• Conservation and Best Management Practices
• Type 2 Water Rights, Sales and Leases
• Construction and Permitting of Wells and Replacement Wells
• Well Transfers
• Effluent Recharge and Recovery
• Public Private Partnerships

Mr. Crockett is also available to assist developers and private landowners successfully navigate the zoning and entitlement process. He can advise clients regarding:

• Development Agreements
• Plat Approvals
• Dedications
• General Plan Amendments
• Public Land Use Permits
• Variances
• Special Use Permits
• Project Due Diligence
• Special Districts
• Rights-of-Way and Easements

Economic Development Incentives

Jeff Crockett has been involved with economic development for many years. He serves as a member of the Board of Directors of the Greater Phoenix Economic Council, one of the region's premier economic development organizations. He is a past two-term chair and current ex officio member of the City of Mesa's Economic Development Advisory Board (EDAB), an organization which provides guidance and assistance to Mesa’s Mayor and City Council on business attraction, retention and expansion, workforce development and economic development and urban revitalization. EDAB supports Mesa's innovative HEAT initiative which emphasizes economic development in the areas of Healthcare, Education, Aerospace, Technology and Tourism.

Mr. Crockett can advise clients regarding the various economic incentives offered in Arizona, including:

• Angel Investment Tax Credit (A.R.S. §41-1518)
• Arizona Competitiveness Package (A.R.S. §42-15001)
• Arizona Innovation Accelerator Fund (AIAF)
• Arizona Job Training Grant (A.R.S. §41-1541 et seq.)
• Commercial/Industrial Solar Energy Tax Credit Program (A.R.S.§§41-1510.01, 43-1085 and 43-1164)
• Computer Data Center Program (A.R.S. §41-1519;
• Foreign Trade Zone (FTZ)
• Government Property Lease Excise Tax (GPLET)
• Healthy Forest Enterprise Incentive (A.R.S. §41-1504(C)(1))
• Military Reuse Zone (MRZ)
• Qualified Energy Conservation Bonds (QECB)
• Qualified Facility (QF) Tax Credit (A.R.S. §41-1512)
• Quality Jobs Tax Credit (A.R.S. §41-1525)
• Renewable Energy Tax Credit (A.R.S. §41-1511)
• Research & Development Incentive (A.R.S. §§ 43-1168 and 43-1074.01)
• Sales Tax Exemptions for Manufacturing (A.R.S. §§42-5063(C)(6) and 42-5159)
• Small Business Innovation Research (SBIR) Grant
• Small Business Technology Transfer (STTR) Grant
• Transaction Privilege Tax (TPT) Exemption (A.R.S. §§42-5061, 42-5159 or 42-6004)
• Work Opportunity Tax Credit (WOTC)

Government Relations and Public Policy

The laws, regulations and ordinances enacted by state and local governments impact virtually all aspects of operating a business. Understanding the current laws and anticipating new laws (or changes to current laws) are critical to the long-term success of any business. Jeff Crockett can help clients interface with elected officials at all levels of government, from city councils to the Governor's office. He can help clients proactively participate in the development of public policy that will positively impact their businesses and industries. Likewise, he can help clients to constructively influence the laws and ordinances that effect their businesses and industries.

Mr. Crockett can assist clients in the following areas:

• State and Local Government Relations
• Legislation and Legislative Process
• Public Policy Development
• Zoning and Land Use
• Administrative Hearings
• Economic Development Incentives
• Government Bidding

Liquor Licensing

In Arizona, the issuance of liquor licenses and the enforcement of the state's liquor laws are managed by the Arizona Department of Liquor Licenses and Control. Mr. Crockett is available to assist clients with a variety of issues pertaining to liquor licenses, including:

• New Liquor Licenses
• Purchase and Sale of Liquor Licenses
• Liquor Board Hearings
• License Renewals
• Licenses for Special Events and Sampling Events
• Required Training for License Holders and their Employees
• Restaurant and Bar Compliance Audits