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Major utilities locked in $1.5M power struggle

TUCSON — Southern Arizona’s largest power company claims one of its partners has reneged on its supply contract, and now it is demanding $1.5 million in federal court.

The 15-page complaint comes from Tucson Electric Power Co., which serves 385,000 customers in southeastern Arizona. It’s service area includes the roughly 965,000 residents of Tucson and an area of 1,155 square miles.

It provides power through two coal-fired power plant near Springerville in northeastern Arizona; the Navajo Generating Station in Page; the Luna generating Station near Deming, N.M.; and two power plants in the Four Corners area.

In 1982, Tucson Electric signed a contract with El Paso Electric Co. to exchange energy across state lines. Both companies were trying to expand their electric capacity at the time, the complaint states, and the deal benefited both sides.

It allowed El Paso to deliver electricity to its customers without having to build new facilities across Arizona and western New Mexico. It also gave Tucson Electric a cut of the power made at the Palo Verde Nuclear Generating Station – the largest of its kind in the U.S. – that the company could then sell to power-hungry California.

Several years later, Tucson Electric claims, the Texas company decided to charge for this access. This led to a dispute that landed before the federal Energy Regulatory Commission in 2005 and forced Tucson Electric to buy power from the Texas company and another utility while the argument was being settled.

When Tucson Electric won, El Paso Electric was forced to issue it a $10.7 million refund. However, this did not cover the costs of electricity that Tucson Electric bought from the second company – which Tucson Electric claims would not have been necessary if the contract dispute did not arise.

As a result, they’re holding El Paso Electric liable for the cost of those purchases – at least $1.5 million, according to the complaint.

Tucson Electric is represented by Phoenix lawyers John E. DeWulf and Darlene M. Wauro.

State unveils top 20 baby names of ‘08

PHOENIX — Arizona health officials released their annual batch of the most popular baby names today, showing that the bottom of the list for boys and girls have changed and a new No. 1 for boys’ names.

For boys, “Anthony” finally overcame “Angel” for the top seat. But Jonathan, Noah, Christian and Logan all fell off the list completely when compared with names from 2007.

For girls, “Isabella” held the top spot for the second year in a row. Yet Hannah and Nevaeh fell out of the top 20.

The top names for boys in 2008 (with 2007 in parenthesis) are:

1. Anthony (Angel)
2. Angel (Jose)
3. Daniel (Daniel)
4. Michael (Anthony)
5. Jacob (Jacob)
6. Alexander (David)
7. Ethan (Luis)
8. Jose (Ethan)
9. Joshua (Michael)
10. David (Christopher)
11. Andrew (Joshua)
12. Jesus (Alexander)
13. Christopher (Jesus)
14. Aiden (Andrew)
15. Joseph (Gabriel)
16. Gabriel (Joseph)
17. Adrian (Jonathan)
18. Luis (Noah)
19. Matthew (Christian)
20. Jayden (Logan)

The top names for girls in 2008 (with 2007 in parenthesis) are:

1. Isabella (Isabella)
2. Sophia (Emily)
3. Emma (Mia)
4. Emily (Sophia)
5. Mia (Ashley)
6. Abigail (Emma)
7. Madison (Madison)
8. Samantha (Ava)
9. Ava (Elizabeth)
10. Elizabeth (Samantha)
11. Ashley (Abigail)
12. Olivia (Natalie)
13. Alexis (Alyssa)
14. Natalie (Olivia)
15. Chloe (Hannah)
16. Alyssa (Alexis)
17. Brianna (Hailey)
18. Camila (Nevaeh)
19. Hailey (Brianna)
20. Victoria (Chloe)

The list was compiled by the Arizona Department of Health Services, which oversees birth certificates and vital records. This year, the office saw a 3.3 percent drop in total births in Arizona, from 96,552 to 93,355.

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>>Email the editor at aklaw@zoniereport.com.

Woman sues Amphitheatre schools over son’s death

TUCSON — A local mom is suing northwest Tucson’s largest school district, claiming it and one of its bus drivers was negligent when her son died under the wheels of a bus in September.

Graciela Barajas is suing Amphitheatre Public School District on behalf of her deceased son, Kevin Barajas-Robinson. The 22-campus, K-12 district serves almost 16,200 kids living north and west of Grant Road and Campbell Avenue.

The bus driver, Steven Vecchiarelli, was driving a 2009 school bus south on Mountain Avenue toward Fort Lowell when he passed Barajas-Robinson, who was riding on a white-and-red mountain bike, the court complaint states. Vecchiarelli stopped at the red light while Barajas-Robinson continued to ride up alongside the bus.

According to the complaint, Vecchiarelli turned right onto Fort Lowell without a turn signal. About four seconds later, the on-board video camera showed the bus hitting Barajas-Robinson. He was thrown to the ground and crushed under the bus, whose right rear tire came to rest on his body, the complaint claims.

Although the district provides safety training for bus drivers, Barajas claims Vecchiarelli was negligent. She is suing the district in Pima County Superior Court. She is represented by Tucson lawyers Ted A. Schmidt, Dev K. Sethi, and Gregory J. Kuykendall.

More warning bells for Arizona newspapers

Sorry for being a worry-wart about Arizona news coverage, but I can’t help it. It’s a compelling story that Arizonans should be aware of.

This week’s latest sign comes from Lee Enterprises, parent company of the Arizona Daily Star and Arizona Daily Sun.

Reporters for the company’s flagship paper, the St. Louis Post-Dispatch, have written about the dire financial straits Lee now finds itself in because of a crushing debt load under which it may default. The St. Louis business media have picked up on this, which you can read about here.

When the company bought the Pulitzer chain in 2005, it took on $308 million in debt. Now accountants for KPMG are concerned that Lee’s purchase of newspapers held by the Pulitzer family – yes THAT Pulitzer family – is sinking Lee’s ship.

Apparently, the company has to figure out a way to refinance this before February, or it could face Chapter 11 (which was designed to help companies stay on life-support while they restructure debts with creditors). It’s a similar refrain that I wrote about in this post.

But given the economic climate these days, I’m wondering if a newspaper company can refinance $308 million. I have friends that can’t even refinance their condos.

The key issue here is that, no matter what happens, what impact will this have on news coverage in Tucson and Flagstaff? Both markets are dominated by Lee newspapers (Daily Star and Daily Sun, respectively) that feed local TV stations content and story ideas, and both newspapers are toward the top of the Lee Enterprises chain.

Rumor has it that the Star in Tucson – and thus the Sun in Flagstaff, as well – have undergone few, if any, layoffs to accommodate their financial situation and the dour economy overall.

Is the clock ticking? Or maybe this could be a good thing for Lee and both Arizona papers.

RELATED POST: A moment of silence for Valley Journalism

Female food inspector sues Arizona over equal pay

SAN SIMON — Officials for the Arizona Department of Agriculture paid male operations managers more than one of their female counterparts, even though she did the same work and other duties, a recent lawsuit claims.

The agency has more than 320 employees and a $23.9 million annual budget to oversee the movement of food, plants and animals in and out of Arizona. Diane Parker is suing the agency under the Equal Pay Act of 1963 for work she did while based out of San Simon, a small town near Willcox that’s 235 miles southeast of Phoenix.

In her six-page complaint, Parker claims she started work for the agriculture department in August 2004. She was quickly reassigned from field operations manager to port supervisor.

In February 2006, the complaint states, she was reassigned again to a regional manager position. While working under this title, she claims she was overseeing ports of entry at San Simon, Sanders and Duncan while still doing the work of her two previous positions. She also supervised the agency’s interior operations for Cochise, Graham, Greenlee, Navajo and Apache counties – virtually the entire county bloc in eastern Arizona.

“Upon information and belief,” the complaint states, “all male Operations Managers of the Arizona Department of Agriculture were paid wages at a rate greater than paid to [Parker].”

The case is now in federal court in Tucson. Parker is represented by Safford lawyer Jared O. Smith.

AG charges adoption group with fraud

TUCSON — A nonprofit that matches Arizona families with domestic and foreign orphans has been running an adoption pyramid scheme, charging fees to new customers and pooling those funds to pay off previous customers, the state Attorney General’s Office claims.

The lawsuit in federal court in Tucson alleges that Commonwealth Adoptions International Inc. – a national nonprofit based in Tucson whose work has been highlighted by Newsweek magazine – deceived consumers into signing adoption contracts and paying fees without receiving any services in return. It seeks to recover their monies under the Arizona Consumer Fraud Act.

The seven-page complaint from state Attorney General Terry Goddard includes written correspondence from three victims.

In the first scenario, a woman who had paid to adopt a child from Guatemala requested a refund of about $11,200 after the nonprofit had shut down in August. In an email, Commonwealth executive director Dawn Hill told her “there simply are no monies left to refund” to her. “I wish there was more that I could say but there simply isn’t,” Hill concluded, according to court records.

In the second scenario, a couple who had paid to adopt a child from China sought a refund for $9,800. After being rebuffed by the nonprofit, they wrote to Hill in an email that they were seeking legal advice if they did not get the money in 10 days.

Hill wrote back, saying, “If you must file a complaint legally or otherwise that is your prerogative but unfortunately it will not get you anywhere as there is no money to be gotten [sic]…. Even if you elect to start over somewhere else you will have to pay all fees all over again and reassemble a dossier, which takes you further away from your goal of completing a family.”

In the third scenario highlighted in the complaint, a couple who had paid to adopt a child from China sought a $4,435 refund. After a lengthy email exchange, Hill wrote back, saying, “We regret we are not able to issue refunds.”

The nonprofit was charging up to $29,500 to families seeking to adopt one child from abroad. According to the complaint, Commonwealth charged customers:

• $15,000 for kids from Brazil,
• $10,485 for kids from China,
• $24,500 to $29,500 for kids from Guatemala,
• $18,800 for kids from India,
• $25,600 for kids from Kazakhstan,
• $17,675 for kids from Nepal,
• $25,100 for kids from Russia,
• $17,600 to $28,00 for kids from Taiwan,
• $23,100 for kids from Ukraine,
• $17,500 for kids from Vietnam.

Assistant Arizona Attorney General Taren M. Ellis, of Tucson, is representing the state. The suit names Commonwealth and its officials – Marina Mayhew, Dawn Hill, Jim Sellers, James Mayhew, Dan Bish and William Hindelang – as defendants in the case.

Border Patrol faces lawsuit over fatal shooting

DOUGLAS — A Mexican couple claims a U.S. Border Patrol agent maliciously shot and killed their son as he tried to cross illegally into the United States with a group of Mexican nationals, according to a recent lawsuit.

The nine-page complaint comes from Renato Ariza Dominguez and Maria Clara Leonor Rivera Cordero. They are suing the Border Patrol agent, Nicholas William Corbett, in federal court in Tucson on behalf of their son, Francisco Javier Dominguez Rivera.

In January 2007, the couple claims, Dominguez Rivera was traveling with three other Mexican nationals near the U.S.-Mexico border outside of Douglas, Ariz. The National Guard stationed at the border notified Border Patrol agents about illegal immigrants crossing the border, and agent Corbett was dispatched to apprehend them.

Around 3:15 p.m., Corbett caught and arrested three men and loaded them into his patrol vehicle. The complaint says he drove off after another group, which included Dominguez Rivera.

His family alleges that Corbett nearly hit the group with his vehicle. Then he hopped out and ordered the four illegal immigrants to kneel. Dominguez Rivera was attempting to kneel when Corbett shot him dead through the chest.

The complaint says Corbett told his supervisors that he shot Dominguez Rivera in self-defense because he confronted him with a rock. But the other witnesses gave a conflicting account of events when interviewed individually, according to the complaint.

Lawyers for Dominguez Rivera’s parents are suing Corbett on these grounds. They also accuse the Border Patrol of negligently allowing Corbett to remain on the job despite a history of violent behavior. However, the agency is not named as a defendant in the case.

The Dominguez Rivera family is represented by Richard J. Gonzales in Tucson and Federico Castelan Sayre, Kent M. Henderson and Michael J. Carey in Santa Ana, Calif.

Iranian engineer adapts to Arizona life

TEMPE — The hustle and bustle of Arizona State University creates a steady stream of background noise. Students become blurs as they rush to and from classes.

Amidst the buzz of activity, Amir Bonakdar sits on a bench outside the Engineering Research Center, never missing a beat as he describes his life in Iran before he became an international student at ASU.

He’s dressed casually in a light brown polo and cargo pants. Blonde highlights are visible in his dark colored hair. He sports the latest fashion – a fohawk.

Bonakdar is Iranian. Born and raised in the country’s capital, Tehran, he grew up a Shiite Muslim. He left his country two-and-a-half years ago to pursue his doctorate degree in civil engineering, with a specialty in concrete materials, at ASU.

Bonakdar chose ASU because he wanted to study under Professor Barzin Mobasher. But the doctoral program offers other benefits: It’s easier to get a visa if you are going to school for your doctorate, Bonakdar says.

The program also offers shelter from the political and socioeconomic storm raging in his homeland and the American political storm over how to handle Iran’s president, Mahmoud Ahmadinejad.

He’s set to graduate in 2010, but he’s hoping to stay in the U.S.

“If I can stay here, I would only go back for visiting my family and friends,” Bonakdar says.

His own family is more open-minded to the world today, but the Iranian government is not, he says. Most of his generation is open to change, he adds, especially those in the age bracket of 20 to 25.

“We have been told, but we haven’t been directly exposed to the old ways,” he says.

Bonakdar is trying the “new ways” at ASU. He is involved in the university’s Iranian American Culture Association, but he has found that few members are citizens of Iran. The majority of IACA members are children born to Iranian parents here in the U.S., or their grandparents are from Iran.

Bonakdar has also been exposed to a more modern life here. Although computers, Internet access and television are common items in his home country, a lively press and free speech is not.

In Iran, the airwaves are owned by the Iranian government. Channels are strictly national and are government censored. As a result, Bonakdar says, many people buy satellite dishes to get the other side of the news.

Yet even with all the advances and outside information, some things stay the same.

“Many things have consequences,” Bonakdar says.

One can never speak out against the chief of state, known as the Supreme Leader, or disrespect Islam’s religious law, the Qur’an.

Bonakdar says he doesn’t think people believe in the system anymore. It was something they voted on 30 years ago. There was a time and place for certain laws and regulations, but they may not be applicable in Iran in today’s world, Bonakdar says.

“[Religion] is not a factor in many lives anymore – young people for certain,” he says.

The laws of Islam haven’t changed for 1,400 years. He finds it difficult to accept the oppression of many social and civil rights for women and homosexuals in particular.

He says this is a result of the government’s “misinterpretation” of religious laws.

“This is a huge problem,” Bonakdar says. “It can be fixed with education, but it’s going to take a long, long time. One part of education is free media, and you have that here.”

Bonakdar feels the cultures between Iran and the U.S. are very similar, except for the issue of human rights and civil rights. He says he’s excited to see what will happen in the coming years under the leadership of President-elect Barack Obama because his victory is proof that the country has made several advances on the civil rights issue.

What frustrates Bonakdar about Americans, however, is that they are sometimes too easy going. He would like to see people more aware and engaged in their surroundings.

When asked if he aligns himself with Americans, Bonakdar says, he doesn’t see himself as different from Americans and considers himself a resident. He still loves his country and two flags hang in his bedroom: the flag of his home country and an American flag.

Bonakdar jokingly admits the best thing about ASU is the sunny days. He grins. No, he likes how multi-cultural ASU is. There are many beautiful people, he concludes.

“I’m a more easy going and down-to-earth person than I use to be,” Bonakdar says, crediting his time at ASU for the change. “I can be myself here.”

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>>Email the editor at aklaw@zoniereport.com.

Gas prices may tumble to $1.50 in ‘09

TEMPE — In the last seven weeks, gas prices have been experiencing a double-digit drop, causing the average national gas price to tumble below $2 a gallon, a AAA spokeswoman says.

Michelle Donati, Public Affairs supervisor for AAA in Arizona, says gas prices will continue to decline throughout the remainder of 2008.

“Prices will continue to decline due to the weakened economy, eventually prices will bottom out but once the economy stabilizes; we will eventually see a price increase,” Donati says.

Just this past July crude oil prices had reached on average $147 a barrel, while the national price of gasoline was on average $4.11 a gallon.

But the current price for oil has fallen below $50 a barrel, which is a record low for the first time since May 2005, according to Bloomberg.com, a business website. National gas prices have dropped an overall 90 cents over the past month.

For the East Valley, the current average price for gas is $2 per gallon. And consumers are responding.

“Just this past Tuesday on my way to work, the Circle K on Lindsay and Baseline [roads] had gas for $2.09 a gallon,” says Kim Cook, a nursing student who lives in Gilbert. “By 5 p.m., the same Circle K was down to $2.03 a gallon…. I couldn’t believe it.”

Yet even on the low end, there is some speculation about where the decline will end. Some estimate the average price of oil will drop to $40 a barrel and gasoline will be below $1.50 per gallon. The U.S. Department of Energy, meanwhile, is estimating that the average price per barrel of oil will be around $63.50 in 2009.

Either way, SUV-driving consumers are happier. Phill Liberatore, a Nevada native, says that with gas prices declining, he’s more likely to travel this holiday season.

“Where as I was paying $100 a week to fill up my Suburban, now [it] only costs me almost half of that,” Liberatore says. “It definitely relives some of the stress during the holidays.”

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>>Email the editor at aklaw@zoniereport.com.

The East Valley’s free ‘ghostbusters’

MESA — An apparition of an old woman that vanishes. A phone that continues to ring when unplugged. A beer can that spins in circles on its own.

Forget the Bogeyman. These types of events are rooted in the supernatural and spirits that are stuck between this world and the next.

At least that’s the view of Kim Mann, who founded the East Valley Paranormal Society in 2006. EVPS is a privately run non-profit company that investigates paranormal activity throughout Arizona for free.

Kim Mann says she created the nonprofit after experiencing paranormal events her entire life. She wanted answers, and her husband, Rodney, helped her launch EVPS.

Mann said the group never charges for its services, and it funds their own investigations. All of the members are volunteers who are there for two reasons: to have fun, and to find the answers to life’s mysteries.

The members of EVPS have varying religious affiliations, but their central mission is the same: to prove there is life after death.

They investigate businesses, cemeteries, historic sites and private residences. After the information is submitted and reviewed, EVPS assigns a case manager.

Mann said the case manager tours the site to determine whether or not to investigate. If they decide to continue, five to six team members go to the location for a “full blown investigation,” she says.

They use infrared cameras, digital recorders, night vision camcorders, EMF (magnetic field) meters and motion sensors. This equipment is used to record evidence of paranormal activity and to determine if there is an alternate explanation.

Mann said their first objective is to “debunk” the evidence. She says there is often a physical explanation for the experiences people perceive as paranormal. They usually spend four to six hours investigating the site, and they always conduct investigations at night. The calm and quiet of the night makes it easier for the equipment to pick up uninterrupted evidence, she says..

Mann says EVPS has never declared a private residence haunted. She says a haunting is difficult to prove because they need physical evidence.

Rodney Mann says the ideal physical evidence would be a “full body apparition,” which they have yet to witness.

But Kim Mann says the group gives their clients peace of mind. She said people contact them because they are frightened and confused. Often they find the experiences people have are easily explained, such as an electrical problem.

Cyndi Ranes, research manager with EVPS, says they are able to help people by letting them know they are not alone in their experiences. “Sometimes having someone to talk to is half the problem,” she says.

During an investigation at Big Nose Kate’s Saloon in Tombstone, Ranes was practicing a new controversial technique called “reflective photography,” which is taking a picture through a reflection, when she had an encounter.

She said she was shooting her image through a mirror when she was shoved from behind. Upon examination of the photograph, they noticed the image of a face behind her. She had been standing with her back against the wall.

This photo along with details of other investigations can be found on their website; however, all residential investigations are kept confidential.

The most common evidence they find in photographs are orbs. These are balls of light that appear in pictures and videos. Mann says sometimes orbs appear to be see-through, which are most likely dust or pollen, but if they are solid and free-moving then they might be the energy form of spirits.

Pinal and Adamsville cemeteries in Superior, Vulture Mine in Wickenburg, Gila County Jail in Globe, Double Butte Cemetery in Tempe, and Connor Hotel in Jerome are some of the places they have investigated.

EVPS would like to investigate some of the rumored haunted spots in the Valley, but many owners will not give their consent. Rodney Mann says he wishes more people would be open- minded, but they either do not believe or have had bad experiences with paranormal research teams in the past.

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>>Email the editor at aklaw@zoniereport.com.

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