CORP. COM'N v. STATE EX REL. WOODS

No. CV-91-0082-SA.

171 Ariz. 286 (1992)

830 P.2d 807

ARIZONA CORPORATION COMMISSION, Marcia Weeks, Renz D. Jennings and Dale H. Morgan, as members of said Commission, Petitioners, v. STATE of Arizona ex rel. Grant WOODS, the Attorney General, Respondent, and The Mountain States Telephone and Telegraph Company, Pinnacle West Capital Corporation, US West New Vector Group, Inc., Arizona Sierra Utility Company, First National Utilities, Inc., Bella Vista Water Company, Granite Oaks Water Users Association, Water Utility of Greater Buckeye, West Valley Utility Water Combine, Tucson Electric Power Company, Arizona Public Service Company, Citizens Utilities Company/Phelps Dodge Corporation, Morenci Water & Electric Company, AJO Improvement Company, Alltell Corporation, CP National Corporation, Great Southwest Telephone Company, Inc., Navajo Communications Company, Inc., Southern Union Company, Southwest Gas Corporation, Intervenors.

Supreme Court of Arizona, En Banc.

Reconsideration Denied June 16, 1992.


Attorney(s) appearing for the Case

Arizona Corp. Com'n by Janet Wagner, Christopher C. Kempley, Phoenix, for petitioners.

Grant Woods, Atty. Gen. by Grant Woods, Charles S. Pierson, Phoenix, for respondent.

Dennis R. Nelson, Tucson, for Tucson Elec. Power Co.

W. Douglas Hickey, Phoenix, for Mountain States Tel. & Tel. Co.

Fennemore Craig, P.C. by C. Webb Crockett, Timothy Berg, Phoenix, for Mountain States Tel. & Tel. Co., Tucson Elec. Power Co.

Beus, Gilbert & Morrill by Susan P. Segal, Phoenix, for Pinnacle West Capital Corp.

Johnston Maynard Grant & Parker by Michael M. Grant, Catherine M. Cheney, Phoenix, for US West New Vector Group, Inc.

Martinez & Curtis, P.C. by Michael A. Curtis, William P. Sullivan, James M. Flenner, Phoenix, for Arizona Sierra Utility Co., First Nat. Utilities, Inc., Bella Vista Water Co., Granite Oaks Water Users Ass'n, Water Utility of Greater Buckeye, West Valley Utility Water Combine.

Snell & Wilmer by Steven M. Wheeler, Thomas L. Mumaw, Phoenix, for Arizona Public Service Co.

Brown & Bain, P.A. by Lex J. Smith, Terence W. Thompson, Charles S. Price, Phoenix, for Citizens Utilities Co./Phelps Dodge Corp., Morenci Water & Elec. Co., Ajo Imp. Co., Alltell Corp., CP Nat. Corp., Great Southwest Telephone Co., Inc., Navajo Communications Co., Inc., Southern Union Co.

Southwest Gas Corp. by Andrew W. Bettwy, Las Vegas, for Southwest Gas Corp.


OPINION

FELDMAN, Chief Justice.

In this special action, the petitioner, Arizona Corporation Commission (the "Commission"), challenges the Arizona Attorney General's refusal to certify certain rules proposed by the Commission. The proposed rules give the Commission governance over various transactions between public service corporations and their corporate affiliates. The narrow procedural issue before us is whether the Attorney General failed to perform...

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