One of the three-member Arizona Corporation Commission (ACC), Jim Irvin, is being targeted, along with a former commission executive secretary, over their alleged roles in causing the failure of the proposed purchase of Las Vegas, NV-based Southwest Gas Corp., by Southern Union Co. Irvin was the star witness at the end of last week at an ongoing civil jury trial in Phoenix.

Southern Union is seeking financial damages from Irvin and Jack Rose, a former ACC executive secretary and later a consultant working for Irvin as a “loaned executive.” Southwest Gas has settled out of court, and a separate claim against Tulsa, OK-based Oneok, which made a competitive bid for the Las Vegas-based gas distribution utility, has been delayed.

Southwest’s two senior executives testified earlier in the court case that Irvin told them it would be difficult for the Arizona regulators to approve the Southern Union purchase of Southwest without significant restrictions. While Oneok and Southern Union were competing for Southwest Gas, Irvin signed a letter to the gas utility’s board suggesting it should consider factors other than price in determining which company’s bid to accept.

The letter, it was subsequently revealed, was prepared by Rose and Oneok attorneys for Irvin to sign, which he did, but the Arizona regulator’s attorney claims he had no knowledge that the Oklahoma-based company had helped draft the letter.

In bringing the legal action, Southern Union’s lawyers are attempting to show that Irvin was attempting to undermine the company’s bid to purchase Southwest.

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