-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, WL3wX0g2fFl2Kf0o3jLaRFvCM02TliZYqkmu7Ny6x6QPyNGubuxkjYlVlAJHa41E pu3gU22vE17i3sbj83GKlQ== 0000950147-02-001119.txt : 20020829 0000950147-02-001119.hdr.sgml : 20020829 20020829103306 ACCESSION NUMBER: 0000950147-02-001119 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20020827 ITEM INFORMATION: Other events FILED AS OF DATE: 20020829 FILER: COMPANY DATA: COMPANY CONFORMED NAME: PINNACLE WEST CAPITAL CORP CENTRAL INDEX KEY: 0000764622 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC SERVICES [4911] IRS NUMBER: 860512431 STATE OF INCORPORATION: AZ FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-08962 FILM NUMBER: 02751873 BUSINESS ADDRESS: STREET 1: 400 E VAN BUREN ST PO BOX 52132 STREET 2: P O BOX 52132 CITY: PHOENIX STATE: AZ ZIP: 85072-2132 BUSINESS PHONE: 6022501000 MAIL ADDRESS: STREET 1: 400 E VAN BUREN ST STREET 2: PO BOX 52132 CITY: PHOENIX STATE: AZ ZIP: 85072-2132 FORMER COMPANY: FORMER CONFORMED NAME: AZP GROUP INC DATE OF NAME CHANGE: 19870506 8-K 1 e-8929.txt CURRENT REPORT DATED 08/27/2002 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): August 27, 2002 PINNACLE WEST CAPITAL CORPORATION (Exact name of registrant as specified in its charter) Arizona 1-8962 86-0512431 (State or other jurisdiction (Commission (IRS Employer of incorporation) File Number) Identification Number) 400 North Fifth Street, P.O. Box 53999, Phoenix, Arizona 85072-3999 (Address of principal executive offices) (Zip Code) (602) 250-1000 (Registrant's telephone number, including area code) NONE (Former name or former address, if changed since last report) ITEM 5. OTHER EVENTS ARIZONA ELECTRIC INDUSTRY RESTRUCTURING Under Arizona Corporation Commission ("ACC") electric competition rules and a 1999 settlement agreement approved by the ACC, Arizona Public Service Company ("APS") was required to transfer all of its competitive electric assets and services to an unaffiliated party or to a separate corporate affiliate on or before December 31, 2002. Consistent with that requirement, APS has been addressing the legal and regulatory requirements necessary to complete the transfer of its generation assets to Pinnacle West Energy Corporation ("Pinnacle West Energy") on or before that date. On August 27, 2002, the ACC held an open meeting to consider "Track A Issues" in the consolidated ACC docket related to retail electric competition in Arizona. See Note 5 to Condensed Consolidated Financial Statements in the Pinnacle West Capital Corporation (the "Company") Quarterly Report on Form 10-Q for the fiscal quarter ended June 30, 2002 for information regarding the consolidated ACC docket and related matters. At the open meeting, the ACC determined, among other things, that APS would not be permitted to transfer its generation assets. The ACC also determined that if, as a result of this decision, APS wishes to acquire certain generation assets from Pinnacle West Energy, as suggested in a July 11, 2002 letter from APS to the ACC, APS should file appropriate applications on this matter for ACC consideration. With respect to the competitive bidding process required by the electric competition rules ("Track B Issues"), the ACC stated that "the [Pinnacle West Energy] assets that APS may seek to transfer from [Pinnacle West Energy] to itself shall not be counted as APS assets in determining the amount, timing, and manner of the competitive solicitation." The ACC ordered the development of a competitive solicitation process that can begin by March 1, 2003. APS intends to file a motion for reconsideration of the ACC's decision. The ACC has not yet issued the written order reflecting its decision. SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the Company has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. PINNACLE WEST CAPITAL CORPORATION (Registrant) Dated: August 29, 2002 By: Michael V. Palmeri ------------------------------------ Michael V. Palmeri Vice President, Finance -----END PRIVACY-ENHANCED MESSAGE-----