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ARIZONA PUBLIC SERV. v. ARIZONA CORP. COM'N

No. 1 CA-CC 21-0002.

526 P.3d 914 (2023)

ARIZONA PUBLIC SERVICE COMPANY, Appellant, v. ARIZONA CORPORATION COMMISSION, Appellee, Sierra Club and Residential Utility Consumer Office Intervenors.

Court of Appeals of Arizona, Division 1.

Filed March 7, 2023.

Attorney(s) appearing for the Case

Osborn Maledon, PA, Phoenix, By Mary R. O'Grady , Joseph N. Roth , John S. Bullock , Co-Counsel for Appellant.

Gibson Dunn & Crutcher, LLP, Washington DC, By William S. Scherman , Thomas G. Hungar , Jeffrey M. Jakubiak , Matthew S. Rozen , Co-Counsel for Appellant.

Arizona Corporation Commission, Phoenix, By Robin R. Mitchell , Maureen A. Scott , Wesley C. Van Cleve , Samantha Egan , Stephen Joseph Emedi , Katherine Kane , Counsel for Appellee.

Radix Law, PLC, Scottsdale, By Andrew M. Kvesic , Co-Counsel for Intervenors Residential Utility Consumer Office.

Residential Utility Consumer Office, Phoenix, By Daniel W. Pozefsky , Co-Counsel for Intervenors Residential Utility Consumer Office.

The Sierra Club, Oakland, CA, By Louisa Eberle , Rose Monahan , Michelle Endo , Co-Counsel for Intervenors The Sierra Club.

Judge James B. Morse Jr. delivered the opinion of the Court, in which Presiding Judge Jennifer M. Perkins and Judge Michael J. Brown joined.

OPINION

¶1 Arizona Public Service Company ("APS") appeals the Arizona Corporation Commission ("Commission") ratemaking Decision No. 78317's ("Decision") determination of the fair value increment ("FVI"), return on equity, and disallowance of investments associated with the installation of Selective Catalytic Reduction...

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