CITY OF LUBBOCK v. SOUTH PLAINS ELEC. COOP., INC.

No. 9014.

593 S.W.2d 138 (1979)

The CITY OF LUBBOCK, Texas, Appellant, v. SOUTH PLAINS ELECTRIC COOPERATIVE, INC., Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied January 30, 1980.


Attorney(s) appearing for the Case

John C. Ross, Jr., City Atty., James P. Brewster, Civil Trial Atty., Lubbock, for appellant.

McGinnis, Lochridge & Kilgore, B. D. St. Clair, Austin, McWhorter, Cobb & Johnson, Dale H. Johnson, Lubbock, for appellee.


DODSON, Justice.

In this appeal, we determine, inter alia, that section 50(2) of the Texas Public Utility Regulatory Act1 precludes a home rule municipality from furnishing, making available, rendering or extending retail electric service to any area lawfully served by another retail public utility without first obtaining a certificate of public convenience and necessity from the Texas Public Utility Commission.

The City...

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