STATE of Arizona, ex rel., Robert L. CORBIN, The Attorney General; US West New Vector Group, Inc., a Colorado corporation; Citizens Utilities Company, a Delaware corporation; Phelps Dodge Corporation, a New York corporation; Morenci Water & Electric Company, an Arizona corporation; AJO Improvement Company, an Arizona corporation; Alltel Corporation, a Delaware corporation; CP National Corporation, a California corporation; Great Southwest Telephone Company, a Texas corporation; Navajo Communications Company, Inc., a New Mexico corporation; Southern Union Company, an Arizona corporation; Pinnacle West Capital Corporation, an Arizona corporation; Arizona Sierra Utility Company; First National Utilities, Inc.; Bella Vista Water Company; Granite Oaks Water Users Association; Water Utility of Greater Tonopah; Water Utility of Greater Buckeye; West Valley Utility Water Combine; the Mountain States Telephone and Telegraph Company, doing business as US West Communications; Tucson Electric Power Company; Arizona Public Service Company; Southwest Gas Corporation, Plaintiffs-Appellees,
v.
ARIZONA CORPORATION COMMISSION, and Renz D. Jennings, Marcia Weeks; and Dale H. Morgan, as members thereof, Defendants-Appellants.
Court of Appeals of Arizona, Division 2, Department A.https://leagle.com/images/logo.png
May 29, 1992.
As Corrected June 3, 1992.
Reconsideration Denied July 16, 1992.
Review Denied April 13, 1993.
Attorney(s) appearing for the Case
Grant Woods, Atty. Gen. by Charles S. Pierson, Phoenix, for plaintiffs/appellees State of Ariz.
Johnston, Maynard, Grant & Parker by Michael M. Grant, Phoenix, for plaintiffs/appellees US West and NewVector Group, Inc.
Beus, Gilbert & Morrill by Leo R. Beus, Susan Plimpton Segal and Scott D. Larmore, Phoenix, for plaintiffs/appellees Pinnacle West Capital Corp.
Martinez & Curtis, P.C. by James M. Flenner, Phoenix, for plaintiffs/appellees Arizona Sierra Utility Co., First Nat. Utilities, Inc., Bella Vista Water Co., Granite Oaks Water Users Ass'n., Water Utility of Greater Buckeye and West Valley Utility Water Combine.
Fennemore Craig, P.C. by C. Webb Crockett, Timothy Berg, Steven M. Banzhaf and Dennis R. Nelson, Phoenix, for plaintiffs/appellees Mountain States Tel. and Tel. Co. d/b/a US West Communications and Tucson Elec. Power Co.
Snell & Wilmer by Steven M. Wheeler, Phoenix, for plaintiff/appellee Arizona Public Service Co.
Brown & Bain by Lex J. Smith and Terrence W. Thompson, Phoenix, for plaintiffs/appellees Citizen Utilities Co., Phelps Dodge Corp., Morenci Water & Elec. Co., Ajo Imp. Co., ALLTEL Corp., CP Nat. Corp., Great Southwest Telephone Co., Inc. and Southern Union Co.
Andrew Bettwy, Las Vegas, NV, for plaintiff/appellee Southwest Gas Corp.
Arizona Corp. Com'n by Janet Wagner and Janice M. Alward, Phoenix, for defendants/appellants.
Court of Appeals of Arizona, Division 2, Department A.
OPINION
HOWARD, Judge.
After a public hearing the corporation commission, on March 14, 1990, promulgated A.A.C. R14-2-801 through R14-2-806 in Commission Decision No. 56844 (the "order"). These rules regulate the formation of holding companies by public service corporations, govern the ability of public service corporations to invest in business activities that may pose a risk to the utility's ratepayers, and regulate transactions between public service corporations...
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