APS files lawsuits seeking reversal after Corporation Commission decision to cut its rates

By Ryan Randazzo | Arizona Republic

Arizona Public Service Co. is suing state utility regulators in two venues in hopes of quickly overturning a recent decision to slash the electric company’s profitability.

The Corporation Commission, which regulates utilities in Arizona, voted in November to punish Arizona Public Service Co. for poor customer service and “imprudent” decisions to upgrade a New Mexico coal-fired power plant.

The 3-2 decision by the elected regulators left APS with $119 million less in annual revenue from its base rates, a lower return on equity and other cuts that the company said were not lawful.

APS followed through on a promise by CEO Jeff Guldner to sue over the decision, and on Dec. 17 asked the Arizona Supreme Court to intervene.

Jeff Guldner, CEO of Arizona Public Service Co., at a Corporation Commission hearing on Dec. 11, 2019.

It also has filed a case in the Arizona Court of Appeals, which is the venue designated by law for commission rate decisions. APS filed the additional action in Supreme Court hoping to get a quicker resolution to the matter, calling it an issue of “statewide importance.”

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