AriSEIA Files a Motion in the Rate Case Regarding APS' Lack of Credibility

Read the Filing

Today, AriSEIA filed a motion asking the Arizona Corporation Commission to take judicial notice of new public statements made by APS CEO Ted Geisler during Pinnacle West's second quarter earnings call.

Why does this matter?

On May 26, APS Chief Operating Officer Jacob Tetlow testified under oath that APS did not have "a definitive plan" for the future of the Cholla Power Plant, was still "evaluating different alternatives," and that "the stakeholder process" was "too early."

APS later defended that testimony through supplemental testimony and legal briefing, arguing that its evaluation remained ongoing and that no final plan existed before the APS Board approved the project on June 24.

But during today's earnings call, when investors asked why APS delayed filing its 2026 Integrated Resource Plan ("IRP"), CEO Ted Geisler gave a very different explanation. Rather than citing the absence of Board approval, an ongoing evaluation, or uncertainty regarding the Company's plans, he explained that the likelihood of being able to convert Cholla was one of the reasons APS sought the extension so the conversion could be reflected in the IRP.

That statement is significant because APS requested the IRP extension on May 22, four days before Mr. Tetlow testified.
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AriSEIA's motion does not ask the Commission to reopen the evidentiary hearing or decide the merits of the Cholla conversion. Instead, it asks the Administrative Law Judge to take judicial notice of APS's subsequent public admissions and consider them when evaluating the weight and credibility of APS's evidence.

The integrity of the regulatory process depends on parties providing complete and accurate information to the Commission. When subsequent public statements appear difficult to reconcile with sworn testimony and litigation positions, the Commission should consider those statements in evaluating the evidentiary record.