US WEST COMMUNICATIONS, INC., a Colorado corporation, Plaintiff-Appellant,
v.
The ARIZONA CORPORATION COMMISSION, an agency of the State of Arizona; Renz D. Jennings, Marcia Weeks, and Carl J. Kunasek, as members of the Arizona Corporation Commission; and Brooks Fiber Communications of Tucson, Inc., a Delaware corporation; MFS Intelenet of Arizona, Inc.; TCG Phoenix; Electric Lightwave, Inc.; MCI Metro Access Transmission Communications of the Mountain States, Inc.; GST Net (AZ), Inc.; American Communications Services of Pima County, Inc.; Sprint Communications Company, L.P.; Cox Wireless of Arizona, Inc., Defendants-Appellees.
Supreme Court of Arizona, En Banc.https://leagle.com/images/logo.png
November 15, 2001.
November 15, 2001.
Attorney(s) appearing for the Case
Fennemore Craig by Timothy Berg, Janice Procter-Murphy, Theresa Dwyer, Phoenix, Attorneys for Appellant U.S. West Communications, Inc.
Janet F. Wagner, Janice M. Alward, Phoenix, Attorneys for the Arizona Corp. Comm'n.
Lewis & Roca, L.L.P. by Thomas H. Campbell, W. Todd Coleman, Phoenix, Thomas F. O'Neil III, Mark B. Ehrlich, William Single IV, Washington DC, Attorneys for Appellees MCI Metro Access Transmission Servs., Inc., Brooks Fiber Communications of Tucson, Inc. and MFS Intelenet of Arizona, Inc.
Gallagher & Kennedy, P.A. by Michael M. Grant, Todd C. Wiley, Phoenix, Attorneys for Appellee Electric Lightwave, Inc.
Ridge & Isaacson, P.C. by Steven J. Duffy, Phoenix, Attorneys for Appellee Sprint Communications Co., L.P.
Osborn Maledon, P.A. by Andrew D. Hurwitz, Joan S. Burke, Phoenix, Attorneys for Appellees AT & T Communications of the Mountain States and TCG Phoenix.
Roshka, Heyman & DeWulf, P.L.C. by Michael W. Patten, (formerly with Brown & Bain, P.A.), Phoenix, Attorneys for Appellees American Communications Servs. of Pima County, Inc. and Cox Arizona Telcom, Inc.
Arizona Center for Law in the Public Interest by Timothy M. Hogan, Phoenix, Attorney for Amicus Curiae Arizona Consumers Council.
Waterfall, Economidis, Caldwell, Hanshaw & Villamana, P.C. by Russell E. Jones, D. Michael Mandig, Tucson, Attorneys for Amicus Curiae Trico Elec. Coop., Inc.
Supreme Court of Arizona, En Banc.
OPINION
ZLAKET, Chief Justice.
¶ 1 We are called upon to address the following issues: (1) whether the Arizona Corporation Commission is constitutionally required to ascertain the fair value of a public service corporation's in-state property when setting rates; (2) if so, the extent to which such a fair value determination must be utilized in the rate-setting process; and (3) whether federal law preempts and precludes the application of this constitutional...
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