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HOPI TRIBE v. ARIZONA CORPORATION COMM'N

No. 1 CA-CC 22-0001.

542 P.3d 670 (2023)

HOPI TRIBE, Appellant, v. ARIZONA CORPORATION COMMISSION, Appellee. Arizona Public Service Company, Residential Utility Consumer Office, Intervenors.

Court of Appeals of Arizona, Division 1.

Filed December 28, 2023.

Attorney(s) appearing for the Case

Hopi Tribe Office of General Counsel, Kykotsmovi, By Frederick K. Lomayesva , Counsel for Appellant.

Arizona Corporation Commission, Phoenix, By Robin R. Mitchell , Maureen A. Scott , Wesley C. Van Cleve , Kathryn M. Ust , Counsel for Appellee.

Gibson, Dunn, & Crutcher LLP, Washington, DC By Thomas G. Hungar , Matthew S. Rozen , Co-Counsel for Intervenor APS.

Snell & Wilmer LLP, Phoenix, By Amanda Z. Weaver , Co-Counsel for Intervenor APS.

Radix Law PLC, Scottsdale, By Andrew M. Kvesic , Co-Counsel for Intervenor RUCO.

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

Judge Jennifer M. Perkins delivered the opinion of the Court, in which Vice Chief Judge Randall M. Howe and Judge Daniel J. Kiley joined.

OPINION

¶1 The Hopi Tribe ("Tribe") appeals from the Arizona Corporation Commission's ("Commission") Decision 78317 ("Decision") ordering Arizona Public Service Company ("APS") to pay the Tribe $1 million directly and fund electrification projects within the Hopi reservation in an amount "up to $1.25 million" as part...

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