-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, Jj1olqidq+ThN2y4HFVHJdXiYgeSXVhGYfaGuYeuwRd5dj5vHdPaDtvvXk0Zg4Lf DAy877X3h7QxiZsJDZmn2Q== 0000950147-02-000885.txt : 20020725 0000950147-02-000885.hdr.sgml : 20020725 20020724202330 ACCESSION NUMBER: 0000950147-02-000885 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20020723 ITEM INFORMATION: Other events FILED AS OF DATE: 20020725 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ARIZONA PUBLIC SERVICE CO CENTRAL INDEX KEY: 0000007286 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC & OTHER SERVICES COMBINED [4931] IRS NUMBER: 860011170 STATE OF INCORPORATION: AZ FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-04473 FILM NUMBER: 02710265 BUSINESS ADDRESS: STREET 1: 400 N FIFTH ST STREET 2: P O BOX 53999 CITY: PHOENIX STATE: AZ ZIP: 85004 BUSINESS PHONE: 6022501000 8-K 1 e-8717.txt CURRENT REPORT DTD. 07/23/2002 SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): July 23, 2002 ARIZONA PUBLIC SERVICE COMPANY (Exact name of registrant as specified in its charter) Arizona 1-4473 86-0011170 (State or other jurisdiction (Commission (IRS Employer of incorporation) File Number) Identification Number) 400 North Fifth Street, P.O. Box 53999, Phoenix, Arizona 85004 (Address of principal executive offices) (Zip Code) (602) 250-1000 (Registrant's telephone number, including area code) NONE (Former name or former address, if changed since last report) ITEM 5. OTHER EVENTS. ARIZONA ELECTRIC INDUSTRY RESTRUCTURING As previously reported, the Arizona Corporation Commission (the "ACC") issued a procedural order stating that hearings in a consolidated ACC docket would begin on June 17, 2002 on various issues ("Track A Issues"), including Arizona Public Service Company's (the "Company") planned divestiture of generation assets to Pinnacle West Energy Corporation (Pinnacle West Energy) and associated market and affiliate issues. See Note 5 of Notes to Condensed Financial Statements in the Company's Report on Form 10-Q for the fiscal quarter ended March 31, 2002 for additional information about the consolidated docket, a comprehensive 1999 Settlement Agreement approved by the ACC among the Company and various parties related to the implementation of retail electric competition in Arizona, and the retail electric competition rules adopted by the ACC. On July 23, 2002 an ACC Administrative Law Judge ("ALJ") issued a recommendation on Track A Issues in the consolidated docket. Among other things, the ALJ recommends that: * the ability of the Company to transfer its generation assets be stayed until the ACC determines that the wholesale market is "workably competitive," and until at least July 1, 2004, at which time the ACC would reassess the appropriateness and timing of divestiture; * the requirement that 100 percent of power purchased for standard offer service be acquired from the competitive market, with at least 50 percent through a competitive bid process, be stayed indefinitely; and, * upon implementation of the outcome of the competitive bidding process ("Track B Issues"), the Company would acquire, at a minimum, any required power not produced by its owned generation through the competitive procurement process developed in the Track B proceeding. The ALJ also recommended that if the Company wishes to acquire certain generation assets from Pinnacle West Energy, as discussed in the Company's July 11, 2002 letter to the ACC, the Company should file appropriate applications on this matter for ACC consideration. See the Company's Current Report on Form 8-K dated July 11, 2002. The ALJ also recommended that the ACC Staff open a rulemaking to review the Retail Electric Competition Rules in light of the other decisions in the recommendation and that an Electric Competition Advisory Group be formed to facilitate communication among the ACC staff, stakeholders and market participants. The Company expects to file exceptions to the recommendations by August 1, 2002. It has not been determined when the ACC may consider and rule on this recommendation. 2 SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the Company has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. ARIZONA PUBLIC SERVICE COMPANY (Registrant) Dated: July 24, 2002 By: Barbara M. Gomez ------------------------------------ Barbara M. Gomez Treasurer 3 -----END PRIVACY-ENHANCED MESSAGE-----