ARIZONA CONSUMERS COUNCIL v. ARIZONA CORPORATION COM'N

No. 1 CA-CC 99-0006.

22 P.3d 905 (2001)

200 Ariz. 85

ARIZONA CONSUMERS COUNCIL, Appellant, v. The ARIZONA CORPORATION COMMISSION, an agency of the State of Arizona, Appellee, and Arizona Public Service Company; Residential Utility Consumer Office; Tucson Electric Power Company, Appellees-Intervenors.

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

April 5, 2001.


Attorney(s) appearing for the Case

Arizona Center for Law in the Public Interest, by Timothy M. Hogan, Jennifer B. Anderson, Tina A. Calos, Phoenix, Attorneys for Appellant.

Arizona Corporation Commission Legal Division, by Janet Wagner, Janice M. Alward, Phoenix, Attorneys for Appellee.

Snell & Wilmer, L.L.P., by Steven M. Wheeler, Martha E. Gibbs, Jeffrey B. Guldner, Phoenix, Attorneys for Appellee-Intervenor, Arizona Public Service Company.

Residential Utility Consumer Office (RUCO), Legal Department, by Scott S. Wakefield, Jessica Carpenter, Phoenix, Attorneys for Appellee-Intervenor, RUCO.

Roshka, Heyman & DeWulf, PLC, by Raymond S. Heyman, Randall H. Warner, Phoenix, Attorneys for Appellee-Intervenor, Tucson Electric.

Fennemore Craig, by C. Webb Crockett, Jay L. Shapiro, Karen E. Errant, Phoenix, Attorneys for Amicus Curiae Phelps Dodge.


OPINION

WEISBERG, Judge

¶ 1 Arizona Consumers Council ("Council")1 challenges the decision of the Corporation Commission ("Commission") approving a settlement agreement among Arizona Public Service Company ("APS") and a number of APS's major customer groups. The Council argues that (1) the rates established by the agreement were not set in accordance with Arizona constitutional requirements; (2) the rates did not take into...

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