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MILLER v. ARIZONA CORP. COM'N

No. 1 CA-CV 09-0789.

251 P.3d 400 (2011)

Roy MILLER; Thomas F. Husband; Jennifer Bryson; and Corpus Communications, Inc., Plaintiffs/Petitioners/Appellants/Cross-Appellees, v. ARIZONA CORPORATION COMMISSION; and Kristin Mayes, William Mundell, Jeff Hatch-Miller, Gary Pierce, and Mike Gleason, in their official capacities as members of the Arizona Corporation Commission, Defendants/Respondents/Appellees/Cross-Appellants.

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

April 7, 2011.

Attorney(s) appearing for the Case

Scharf-Norton Center for Constitutional Litigation By Clint Bolick , Carrie Ann Sitren , Phoenix, Attorneys for Plaintiffs/Petitioners/Appellants/Cross-Appellees.

Arizona Corporation Commission Legal Division By Wesley C. Van Cleve , Ayesha Vohra , Janet F. Wagner , Phoenix, Attorneys for Defendants/Respondents/Appellees/Cross-Appellants.

Arizona Center for Law in the Public Interest By Timothy M. Hogan , Joy Herr-Cardillo , Phoenix, Attorneys for Amicus Curiae.

Arizona Public Service Company By Meghan H. Grabel , Phoenix, Attorney for Amicus Curiae.

OPINION

DOWNIE, Judge.

¶ 1 Roy Miller, Thomas Husband, Jennifer Bryson, and Corpus Communications, Inc. (collectively, "Plaintiffs") are customers of Arizona Public Service Company ("APS"). In this litigation, Plaintiffs collaterally attack the 2006 Renewable Energy Standard and Tariff ("REST") rules promulgated by the Arizona Corporation Commission ("Commission"),1 as well as an APS surcharge imposed under those rules....

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