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SWTC v. ARIZONA CORP. COM'N

No. 1 CA-CV 05-0369.

142 P.3d 1240 (2006)

SOUTHWEST TRANSMISSION COOPERATIVE, INC., a non-profit Arizona electric transmission cooperative, Plaintiff-Appellant, v. The ARIZONA CORPORATION COMMISSION, an agency of the State of Arizona, Defendant-Appellee.

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

September 12, 2006.

Attorney(s) appearing for the Case

Gallagher & Kennedy, PA By Michael M. Grant, Todd C. Wiley, Phoenix, Attorneys for Plaintiff-Appellant.

Arizona Corporation Commission By Timothy J. Sabo, Janet F. Wagner, Linda Fisher, Phoenix, Attorneys for Defendant-Appellee.

OPINION

OROZCO, Judge.

¶ 1 The issue on appeal is whether the superior court correctly affirmed the Arizona Corporation Commission's (Commission) decision concluding that Southwest Transmission Cooperative, Inc. (SWTC), is a public service corporation pursuant to Article 15, Section 2, of the Arizona Constitution and is therefore subject to the Commission's regulation pursuant to Article 15, Section 3. We affirm the superior court's decision because...

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