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:
¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Indicate
by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter). Emerging growth company ¨
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ¨
This combined Form 8-K is separately filed or furnished by Pinnacle West Capital Corporation and Arizona Public Service Company. Each registrant is filing or furnishing 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 or furnishing any information that does not relate to such registrant, and therefore makes no representation as to any such information.
Item 8.01 Other Events
Retail Rate Case
As
previously disclosed, on August 18, 2017, the Arizona Corporation Commission (“ACC”) issued a final written Opinion and Order (the “Order”) reflecting its decision in Arizona Public Service Company’s (“APS”) general retail rate case. (See Note 3 of the Pinnacle West Capital Corporation/APS Quarterly Report on Form 10-Q for the quarter ended September 30, 2017 for details of the rate case and the Order.)
On Wednesday, January 3, 2018, an APS customer filed a petition with the ACC that was determined by the ACC Staff to be a complaint filed pursuant to Arizona Revised Statute §40-246 (the “Complaint”) and not a request for rehearing. This statute requires the Commission to hold a hearing regarding any
complaint alleging that a public service corporation is in violation of any commission order if the complaint is signed by at least twenty-five customers of the public service corporation. The Complaint alleges that APS is “in violation of commission order” [sic]. APS will have twenty days to respond to the Complaint once it is formally served, which has not yet occurred. APS expects a hearing officer will be assigned to hear the Complaint, and it is uncertain as to the timing and procedure under which the Complaint will ultimately be considered. APS cannot predict the outcome of this matter.
SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, each registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
