The following is the opinion and analysis of the writer:
Julie Dittmer
Project Blue is closer to a zombie or a ghost than a living, viably closed deal. So why is it still haunting us?
Tucson killed annexation, so why has it come back seemingly undead through a letter of intent, a County memo, and a special filing for energy approval with the Arizona Corporation Commission (ACC, the state utility regulator) by TEP and Humphrey鈥檚 Peak Power? I see it all as signs of a zombie deal 鈥 one that can walk around, survey, even run tests or apply for certain approvals. But it鈥檚 still missing what the contract needs to be a living, breathing Project Blue 鈥 the pulse that comes from title to the land.
How did I conclude this may be nothing more than a temporary 鈥渉aunt鈥? It鈥檚 based on what has not happened 鈥 or rather, what has not been filed: a waiver, an amendment, grid-capacity proof, and Arizona registration for Humphrey鈥檚 Peak Power.
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Some county officials and reps from Project Blue make it feel alive. And to be fair, a part of it is: the contract. The Purchase and Sale Agreement (PSA) 鈥 the land-sale contract 鈥 can only close if its conditions are met or waived (a waiver is usually a signed choice to proceed without meeting a contract condition). The PSA itself is very much still alive and remains out of the grave until June 16, 2026, when the deal expires.
No one should assume the County can simply 鈥済et out鈥 of the contract. Hinting at expiration can still risk a breach claim. Instead, the demand should shift to the unmet closing conditions blocking transfer of title 鈥 the part that makes this a deal of the living dead.
Even if the County plans to let this contract die on its own, they won鈥檛 say so. Admitting that publicly can be framed as intent to breach, inviting a lawsuit. The safest legal play is silence and running out the clock.
That leaves only a few legally sound options: Agree to a waiver in public, amend the agreement in public, negotiate a new one, or let it expire on June 16, 2026.
Any waiver or amendment that requires County approval must appear on a public agenda and be voted on at a Board meeting under Arizona鈥檚 Open Meeting Law (鈥渁ll legal action of public bodies shall occur during a public meeting鈥). By contrast, under PSA 搂9.6, the Buyer can waive its own closing conditions; if a listed condition isn鈥檛 satisfied or waived by closing, the Buyer may terminate. The County can fix it in public or let it expire.
When I filed a public-records request with the ACC, I expected to find grid-reliability data tied to the Project Blue application. A project that could draw 286 megawatts of power, enough to run a small city. Beale鈥檚 letter of intent said TEP already had the capacity, so logically, they submitted proof for any special request, right? Wrong. The ACC鈥檚 response said simply: no records found. (To date, TEP counsel have not responded to my request for clarification.)
Without those filings, no regulator has verified the grid can carry a 286-megawatt load. This is important for rate increase and blackout prevention.
This funhouse mirror reflects on the other applicant to the Energy and Service Agreement as well. The Delaware Division of Corporations lists Humphrey鈥檚 Peak Power, LLC as organized on June 11. Yet Humphrey鈥檚 Peak Power is nowhere to be found on the ACC鈥檚 registry. Under A.R.S. 搂 29-3902, a foreign LLC 鈥渕ay not transact business in this state until it registers with the Commission.鈥 Between TEP鈥檚 lack of grid-capacity data and Humphrey鈥檚 Peak Power鈥檚 failure to register with the ACC, the picture speaks for itself.
Letting this slide sends the message that in Pima County, 鈥渃onditions鈥 are just suggestions and transparency depends on whether someone asks the right records request. That鈥檚 not good governance, it鈥檚 precedent by neglect.
Enforcing boundaries through contracts doesn鈥檛 chase away human partnership; it shows we take our responsibilities seriously. Poor boundaries don鈥檛 build community; they create haunting deals and zombie contracts. And sometimes people, even our own representatives, need reminders and support to hold those lines. It鈥檚 what differentiates true partners from the monsters.
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Julie Dittmer is a born-and-raised Tucsonan, and a writer with a background in law, psychology, and civic policy.

