UNITED STATES
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): April 27, 2007
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Exact Name of Registrant as Specified in |
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Charter; State of Incorporation; |
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IRS Employer |
Commission File Number |
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Address and Telephone Number |
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Identification Number |
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1-8962
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Pinnacle West Capital Corporation
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86-0512431 |
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(an Arizona corporation) |
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400 North Fifth Street, P.O. Box 53999 |
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Phoenix, AZ 85072-3999 |
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(602) 250-1000 |
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1-4473
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Arizona Public Service Company
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86-0011170 |
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(an Arizona corporation) |
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400 North Fifth Street, P.O. Box 53999 |
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Phoenix, AZ 85072-3999 |
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(602) 250-1000 |
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Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy
the filing obligation of the registrant under any of the following provisions:
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
This combined Form 8-K is separately filed by Pinnacle West Capital Corporation and Arizona
Public Service Company. Each registrant is filing on its own behalf all of the information
contained in this Form 8-K that relates to such registrant and, where required, its subsidiaries.
Except as stated in the preceding sentence, neither registrant is filing any information that does
not relate to such registrant, and therefore makes no representation as to any such information.
TABLE OF CONTENTS
Item 8.01. Other Events
APS General Rate Case and Power Supply Adjustor
On April 27, 2007, an administrative law judge (ALJ) with the Arizona Corporation Commission
(the ACC) issued a recommended order in connection with (a) Arizona Public Service Companys
(APS) general retail rate case pending before the ACC and (b) APS application to recover through
a surcharge approximately $45 million of deferrals under its power supply adjustor (PSA) related
to unplanned 2005 Palo Verde outages. For additional information regarding APS rate request and
the PSA, see APS General Rate Case and Power Supply Adjustor in Note 3 of Notes to Consolidated
Financial Statements in the Pinnacle West Capital Corporation/APS Annual Report on Form 10-K for
the fiscal year ended December 31, 2006 (Note 3). The recommended order and related ACC press
release are attached to this report as Exhibits 99.1and 99.2, respectively. The following
discussion addresses key aspects of the recommended order and is qualified in its entirety by
reference to the recommended order.
The ALJ recommended an increase of approximately $286 million, or 13.5%, in APS annual base
retail revenues, which includes a fuel-related increase of approximately $280 million and non-fuel
related increases of approximately $6 million. The ALJ recommended that the rate increase take
effect June 1, 2007, at which time the interim PSA adjustor approved on May 1, 2006 would
terminate. See Interim Rate Increase in Note 3 for additional information regarding the interim
PSA adjustor. The ALJs recommended rate increase is based on a
return on equity of 10.75%; a
45%/55% long-term debt/common equity capital structure; a weighted-average cost of capital of
8.32%; an original cost rate base of $4.4 billion; and a base rate for fuel and purchased power costs of $0.0312
per kilowatt-hour (kWh).
The ALJ recommended various modifications to the PSA, including the following: (a) the annual
PSA adjustor would be established based on projected, rather than historical, fuel and purchased
power costs; (b) the 90/10 sharing arrangement under which APS absorbs 10% of retail fuel and
purchased power costs above the base rate and retains 10% of the benefit below the base rate would
be modified to exclude certain costs, such as renewable energy resources and the fixed element of
long-term purchase power agreements acquired through competitive procurement; (c) the cumulative
plus or minus $0.004 per kWh limit from the base fuel amount over the life of the PSA would be
eliminated, while the maximum plus or minus $0.004 per kWh limit to changes in the adjustor rate in
any one year would remain in effect; and (d) there would not be a preset annual limit on the amount
of fuel and purchased power costs that could recovered through base rates and the PSA. The ALJ
recommended that the modified PSA take effect June 1, 2007 based on the difference between APS
proposed 2007 projected fuel and purchased power costs of $0.0325 per kWh and the base fuel rate of
$0.0312 per kWh.
The ALJ recommended that the ACC not adopt any of APS additional recommendations to improve
APS financial metrics (accelerated depreciation, inclusion of construction work in process in rate
base, and an attrition adjustment).
The ALJ recommended (a) the disallowance of approximately $14 million, including accrued
interest ($8 million after income taxes), of the PSA deferrals related to unplanned 2005 Palo Verde
outages and (b) the recovery by APS of the balance of the PSA deferrals (approximately $34 million)
over a twelve-month period through a temporary PSA surcharge to be
effective concurrently with the implementation of new rates. As of May 1, 2007, these deferrals
are expected to total approximately $48 million, including accrued interest. The ALJ also
recommended that the ACC require APS and the ACC staff to develop a set of nuclear performance
standards for the ACC to consider in a separate proceeding.
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APS and other parties to the rate case may file exceptions to the recommended order no later
than May 15, 2007. APS is currently evaluating the recommended order and expects to file its
exceptions to the ALJs recommendations by that date. After the exceptions have been filed by APS
and the other parties, the ACC will then consider the ALJs recommended order and the exceptions.
We cannot predict the timing or the outcome of this rate case or the resulting levels of regulated
revenues.
Item 9.01. Financial Statements and Exhibits
(d) Exhibits
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Exhibit |
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No. |
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Registrant(s) |
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Description |
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99.1
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Pinnacle West
Capital Corporation
(Pinnacle West)
APS
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ACC ALJ Recommended Order on APS
General Rate Case and Power Supply
Adjustor, issued April 27, 2007. |
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99.2
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Pinnacle West
APS
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ACC Press Release issued April 27, 2007. |
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