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SO. CAL. EDISON CO. v. PEABODY WESTERN COAL

No. CV-97-0448-PR.

977 P.2d 769 (1999)

194 Ariz. 47

SOUTHERN CALIFORNIA EDISON COMPANY, a California corporation as Operating Agent of the Mohave Project and on its own behalf; Nevada Power Company, a Nevada corporation; Salt River Project Agricultural Improvement and Power District, an agricultural improvement district; Department of Water and Power of the City of Los Angeles, A municipal corporation of the state of California, Plaintiffs-Appellants, v. PEABODY WESTERN COAL COMPANY, a Delaware corporation, Defendant-Appellee.

Supreme Court of Arizona, En Banc.

As Amended May 19, 1999.

Attorney(s) appearing for the Case

Steptoe & Johnson, L.L.P. By: Francis J. Burke, Jr., Bruce E. Meyerson, Phoenix, Attorneys for Southern California Edison Co., Nevada Power Co., and Department of Water and Power of the City of Los Angeles.

Salmon Lewis & Weldon, P.L.C. By: John B. Weldon, Jr., Stephen E. Crofton, Phoenix, Attorneys for Salt River Project Agricultural Improvement and Power District.

O'Connor Cavanagh By: Jeffrey B. Smith, Christopher Robbins, Phoenix, and Thompson Coburn By: W. Stanley Walch, Roman P. Wuller, St. Louis, Missouri, Attorneys for Peabody Western Coal Company.

OPINION

FELDMAN, Justice.

¶ 1 Southern California Edison Company, Nevada Power Company, the Department of Water and Power of the City of Los Angeles, and the Salt River Project Agricultural Improvement and Power District (collectively "the Utilities") are parties to a contract with Peabody Western Coal Company ("Peabody"). The contract contains a clause requiring arbitration of some, but not all, disputes. The Utilities petition this court to review...

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