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RAILROAD COMMISSION OF TEXAS v. CITY OF AUSTIN

No. 12169.

512 S.W.2d 345 (1974)

RAILROAD COMMISSION OF TEXAS et al., Appellants, v. CITY OF AUSTIN et al., Appellees.

Court of Civil Appeals of Texas, Austin.

July 10, 1974.

Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., Rex H. White, Jr., Asst. Atty. Gen., Austin, for appellant Railroad Commission.

W. Robert Brown, Liddell, Sapp, Zivley & Brown, Frank J. Knapp, Butler, Binion, Rice, Cook & Knapp, Houston, Keys, Russell, Watson & Seaman, Hayden W. Head, Jr., Head & Kendrick, Corpus Christi, J. I. Worsham, Worsham, Forsythe & Sampels, Dallas, Dan Moody, Jr., Graves, Dougherty, Hearon, Moody & Garwood, Austin, for appellants.

Tom R. Scott, Bullock & Scott, Midland, and Charles G. King III, Bracewell & Patterson, Houston, for intervenor-appellants.

Don R. Butler, City of Austin, C. C. Small, Jr., Small, Craig & Werkenthin, Austin, and Jon C. Wood, San Antonio, for appellees.

PHILLIPS, Chief Justice.

The question presented by this appeal is whether the Railroad Commission of Texas has jurisdiction under Articles 6050 et seq., Vernon's Annotated Civil Statutes, to inquire into the effect on the public interest of transactions under which Lo-Vaca Gathering Company, a gas pipeline utility, is diverting substantial amounts of its reserve gas supply by entering into contracts with specific customers prior to and during periods when it is unable...

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