PHELPS DODGE CORPORATION; Phelps Dodge Morenci, Inc.; Phelps Dodge, formerly known as Cyprus Climax Metals Corporation and formerly known as Cyprus Sierrita Corporation and formerly known as Cyprus Bagdad Copper Corporation and formerly known as Cyprus Mineral Park Corporation; Ajo Improvement Company; Morenci Water & Electric Company;
ASARCO Incorporated; Arizona Mining Association; Arizona Association of Industries and Arizonans for Electric Choice and Competition (collectively "AECC"), Intervenors-Appellants, Cross Appellees,
Residential Utility Consumer Office, Intervenor-Appellant,
The Arizona Corporation Commission, an agency of the State of Arizona, Defendant-Appellant, Cross Appellee,
v.
ARIZONA ELECTRIC POWER COOPERATIVE, INC.; Duncan Valley Electric Cooperative, Inc.; Graham County Electric Cooperative, Inc.; Sulphur Springs Valley Electric Cooperative, Inc.; and Trico Electric Cooperative, Inc., Plaintiffs-Appellees, Cross Appellants,
Arizona Consumers Council, Plaintiff-Cross Appellant.
Court of Appeals of Arizona, Division 1, Department B.https://leagle.com/images/logo.png
January 27, 2004.
January 27, 2004.
Attorney(s) appearing for the Case
Fennemore Craig, P.C., By C. Webb Crockett, Jay L. Shapiro, Karen E. Errant, Phoenix, Attorneys for Intervenors-Appellants, Cross Appellees Phelps Dodge Corporation; Phelps Dodge Morenci, Inc.; Phelps Dodge, fka Cyprus Climax Metals Corporation and fka Cyprus Sierrita Corporation and fka Cyprus Bagdad Copper Corporation and fka Cyprus Mineral Park Corporation; Ajo Improvement Company; Morenci Water & Electric Company; ASARCO Incorporated; Arizona Mining Association; Arizona Association of Industries; and Arizonans for Electric Choice and Competition.
Arizona Corporation Commission, By Janet F. Wagner, Janice M. Alward, Phoenix, Attorneys for Defendant-Appellant, Cross Appellee, Arizona Corporation Commission.
Residential Utility Consumer Office, By Scott S. Wakefield, Chief Counsel, Daniel W. Pozefsky, Phoenix, Attorneys for Intervenor-Appellant, Residential Utility Consumer Office.
Gallagher & Kennedy, P.A., By Michael M. Grant, Todd Wiley, Phoenix, Attorneys for Plaintiffs-Appellees, Cross Appellants, Arizona Electric Power Cooperative, Inc.; Duncan Valley Electric Cooperative, Inc.; and Graham County Electric Cooperative, Inc.
Waterfall, Economidis, Caldwell, Hanshaw & Villamana, PC, By Russell E. Jones, D. Michael Mandig, Tucson, Attorneys for Plaintiff-Appellee, Cross Appellant, Trico Electric Cooperative, Inc.
Hitchcock Hicks & Conlogue, By Christopher Hitchcock, Bisbee, Attorneys for Plaintiff-Appellee, Cross Appellant, Sulphur Springs Valley Electric Cooperative, Inc.
Arizona Center for Law in the Public Interest, By Tina A. Calos, Timothy M. Hogan, Phoenix, Attorneys for Plaintiff-Cross Appellant, Arizona Consumers Council.
Court of Appeals of Arizona, Division 1, Department B.
OPINION
TIMMER, Presiding Judge.
¶ 1 Beginning in 1994, the Arizona Corporation Commission ("Commission") began restructuring the electric industry in Arizona by shifting from a system of regulated monopolies to a competitive market for the provision of electric generation and other services. The new structure does not affect the transmission and distribution of electric power by public service corporations...
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