

[Federal Register: February 16, 2006 (Volume 71, Number 32)]
[Notices]               
[Page 8317-8318]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16fe06-90]                         

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SECURITIES AND EXCHANGE COMMISSION

[File No. 1-08962]

 
Issuer Delisting; Notice of Application of Pinnacle West Capital 
Corporation To Withdraw Its Common Stock, No Par Value, From Listing 
and Registration on the Pacific Exchange, Inc.

February 10, 2006.
    On January 27, 2006, Pinnacle West Capital Corporation, an Arizona 
corporation (``Issuer''), filed an application with the Securities and 
Exchange Commission (``Commission''), pursuant to Section 12(d) of the 
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 12d2-2(d) 
thereunder,\2\ to withdraw its common stock, no par value 
(``Security''), from listing and registration on the Pacific Exchange, 
Inc. (``PCX'').
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    \1\ 15 U.S.C. 78l(d).
    \2\ 17 CFR 240.12d2-2(d).
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    The Board of Directors (``Board'') of the Issuer approved 
resolutions on December 14, 2005 to withdraw the Security from PCX. The 
Issuer stated that the Board considered the following factors in making 
the decision to withdraw the Security from PCX: (i) Listing the 
Security on PCX is no longer in the Issuer best interests because the 
Issuer is subject to dual regulation by PCX and the New York Stock 
Exchange, Inc. (``NYSE''); (ii) the benefits associated with listing on 
PCX do not outweigh the costs and additional regulatory obligations, 
and no longer favor continued listing on PCX; and (iii) the Security is 
listed on the NYSE and will continue to list on NYSE.
    The Issuer stated in its application that it has complied with 
applicable rules of PCX by complying with all applicable laws in the 
State of Arizona, the state in which the Issuer is incorporated, and by 
providing PCX with the required documents governing the withdrawal of 
securities from listing and registration on PCX. The Issuer's 
application relates solely to the withdrawal of the Security from 
listing on PCX and shall not affect its continued listing on NYSE or 
its obligation to be registered under Section 12(b) of the Act.\3\
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    \3\ 15 U.S.C. 78l(b).
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    Any interested person may, on or before March 9, 2006, comment on 
the facts bearing upon whether the application has been made in 
accordance with the rules of PCX, and what terms, if any, should be 
imposed by the Commission for the protection of investors. All comment 
letters may be submitted by either of the following methods:

Electronic Comments

     Send an e-mail to rule-comments@sec.gov. Please include 
the File Number 1-08962
     or;

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris, 
Secretary, Securities and Exchange Commission, 100 F Street, NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number 1-08962. This file number 
should be included on the subject line if e-mail is used. To help us 
process and review your comments more efficiently, please use only one 
method. The Commission will post all comments on the Commission's 
Internet Web site (http://www.sec.gov/rules/delist.shtml). Comments are 

also available for public inspection and copying in the Commission's 
Public Reference Room. All comments received will be posted without 
change; we do not edit personal identifying information from 
submissions. You should submit only information that you wish to make 
available publicly.

[[Page 8318]]

    The Commission, based on the information submitted to it, will 
issue an order granting the application after the date mentioned above, 
unless the Commission determines to order a hearing on the matter.
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    \4\ 17 CFR 200.30-3(a)(1).

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\4\
Nancy M. Morris,
Secretary.
[FR Doc. E6-2217 Filed 2-15-06; 8:45 am]

BILLING CODE 8010-01-P
