U-1/A 1 e-6802.txt AMENDMENT NO. 4 TO FORM U-1 File No. 070-9745 (As filed with the Securities and Exchange Commission on May 11, 2001) UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 -------------------------------------------------------------------------------- AMENDMENT NO. 4 TO FORM U-1 APPLICATION UNDER THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935 -------------------------------------------------------------------------------- PINNACLE WEST CAPITAL CORPORATION 400 EAST VAN BUREN STREET, SUITE 700 PHOENIX, ARIZONA 85004 (NAME OF COMPANY FILING THIS STATEMENT AND ADDRESS OF PRINCIPAL EXECUTIVE OFFICES) -------------------------------------------------------------------------------- NONE (NAME OF TOP REGISTERED HOLDING COMPANY PARENT) -------------------------------------------------------------------------------- HERBERT I. ZINN MARY ANN K. HUNTINGTON PINNACLE WEST CAPITAL CORPORATION MORGAN, LEWIS & BOCKIUS LLP 400 NORTH FIFTH STREET 1800 M STREET, N.W. MAIL STATION 8695 WASHINGTON, D.C. 20036 PHOENIX, ARIZONA 85004 (NAME AND ADDRESS OF AGENTS FOR SERVICE) -------------------------------------------------------------------------------- THE COMMISSION IS REQUESTED TO SEND COPIES OF ALL NOTICES, ORDERS, AND COMMUNICATIONS IN CONNECTION WITH THIS APPLICATION TO: HERBERT I. ZINN MARY ANN K. HUNTINGTON PINNACLE WEST CAPITAL CORPORATION MORGAN, LEWIS & BOCKIUS LLP 400 NORTH FIFTH STREET 1800 M STREET, N.W. MAIL STATION 8695 WASHINGTON, D.C. 20036 PHOENIX, ARIZONA 85004 CERTIFICATE PURSUANT TO RULE 24 Pinnacle West Capital Corporation (PNW) hereby files this Certificate of Notification (the Certificate) in connection with the transactions proposed in the Form U-1 Application dated September 12, 2000, as amended by filings made on December 8, 2000, January 17, 2001 and April 27, 2001, filed by PNW in File No. 70-9745. These transactions were authorized by order of the Securities and Exchange Commission (the Commission) dated April 27, 2001 (Order). PNW hereby certifies the matters set forth below pursuant to 17 C.F.R. S.S. 250.24 of the Commission's regulations under the Public Utility Holding Company Act of 1935: 1. On May 2, 2001, Pinnacle West Energy Corporation (PWE), a wholly-owned subsidiary of PNW, filed with the Federal Energy Regulatory Commission (FERC) a Notice of Withdrawal of its Application for Determination of Exempt Wholesale Generator (EWG) Status. 2. The Development Activities, as that term is defined in the Application, were carried out in accordance with the terms and conditions of and for the purposes represented by the Application of PNW to the Commission dated September 12, 2000, as amended, and by the Order of the Commission, dated April 27, 2001 (Release No. 35-27386). 3. Pursuant to paragraph F.(2) of the instructions as to exhibits for Form U-1, filed herewith as Exhibit F-2 to the Application are the "past tense" opinions of counsel. Dated May 11, 2001. PINNACLE WEST CAPITAL CORPORATION BY: ------------------------------