MORRIS v. ARIZONA CORPORATION COMMISSION

No. 1 CA-CIV 2450.

24 Ariz. App. 454 (1975)

539 P.2d 928

John Michael MORRIS, Appellant, v. The ARIZONA CORPORATION COMMISSION, Russell Williams, Charles H. Garland and Al Faron, as members thereof, Arizona Public Service Company, an Arizona Corporation, and Tucson Gas & Electric Company, an Arizona Corporation, Appellees.

Court of Appeals of Arizona, Division 1, Department A.

August 26, 1975.


Attorney(s) appearing for the Case

John Michael Morris, in pro per.

Bruce E. Babbitt, Atty. Gen., by Charles S. Pierson, Asst. Atty. Gen., Phoenix, for appellees Ariz. Corp. Commission and Members Thereof.

Holesapple, Conner, Jones & Johnson by Donald E. Dickerman, Tucson, and Jennings, Strouss & Salmon by Thomas J. Trimble, Phoenix, for appellee Tucson Gas & Electric Co.

Snell & Wilmer by Edward Jacobson and Michael L. Gallagher, Phoenix, for appellee Ariz. Public Service Co.


OPINION

FROEB, Judge.

The question presented in this appeal is whether Article 15, Section 14 of the Arizona Constitution allows the fair value of out-of-state property owned by appellee, Arizona Public Service Company, to be considered by the Arizona Corporation Commission in establishing a rate base. The referred to section reads as follows:

"§ 14. Value of property of public service corporations Section 14. The Corporation Commission...

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