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SOUTHWEST GAS CORP. v. ARIZONA CORP. COM'N

No. 1 CA-CV 89-081.

169 Ariz. 279 (1991)

818 P.2d 714

SOUTHWEST GAS CORPORATION, Plaintiff-Appellant, v. ARIZONA CORPORATION COMMISSION, Defendant-Appellee, Apache Power Company, Arizona Public Service Company, Phelps Dodge Corporation, Salt River Project Agricultural Improvement and Power District El Paso Natural Gas Company, Asarco, Inc., Inspiration Consolidated Copper, and Magma Copper Company, Intervernors-Appellees.

Court of Appeals of Arizona, Division 1, Department D.

October 1, 1991.

Attorney(s) appearing for the Case

Andrew W. Bettwy, Phoenix, for appellant.

Arizona Corp. Com'n, Legal Div. by Christopher C. Kempley, Phoenix, for appellee.

Snell & Wilmer by James F. McNulty, Jr., Tucson, for intervenor El Paso Natural Gas.

Apker, Apker, Haggard & Kurtz, P.C. by Burton M. Apker, Phoenix, for intervenors ASARCO, Inc., Inspiration Consol. Copper and Magma Copper Co.

Wilkinson, Barker, Knauer & Quinn by Joel L. Greene, Barbara S. Jost, Washington, D.C., O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Raymond S. Heyman, Phoenix, Co-counsel for intervenors-appellees.

OPINION

TAYLOR, Judge.

Southwest Gas Corporation (Southwest Gas) filed a complaint with the Arizona Corporation Commission (Commission) against El Paso Natural Gas Company (El Paso), alleging that El Paso was a public service corporation as defined by Article 15, Section 2, of the Arizona Constitution. Southwest Gas requested an order prohibiting El Paso from selling natural gas to end-users in Arizona until it obtained a certificate of public convenience...

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