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): December 17, 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 85004 (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 7. FINANCIAL STATEMENTS, PRO FORMA FINANCIAL INFORMATION AND EXHIBITS. (c) Exhibits. The Registrant hereby files the following Exhibits to its Registration Statements on Form S-3 (Nos. 333-52476 and 333-101457), which were declared effective on January 11, 2001 and December 5, 2002, respectively. EXHIBIT NO. DESCRIPTION ----------- ----------- 1.3 Underwriting Agreement, dated December 17, 2002, in connection with the offering of up to 6.555 million shares of Common Stock. 4.19 Specimen of Common Stock Certificate. 5.1 Opinion of Snell & Wilmer L.L.P. 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: December 20, 2002 By: Barbara M. Gomez ------------------------------------ Barbara M. Gomez Treasurer 2