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PUBLIC UTILITY COM'N OF TEXAS v. TEXLAND ELEC. CO.

No. 14391.

701 S.W.2d 261 (1985)

PUBLIC UTILITY COMMISSION OF TEXAS, et al., Appellants, v. TEXLAND ELECTRIC CO., et al., Appellees.

Court of Appeals of Texas, Austin.

December 11, 1985.

Attorney(s) appearing for the Case

Jim Mattox, Atty. Gen., and Stephen J. Davis, Asst. Atty. Gen., Austin, for Public Utility Com'n of Texas.

Fred B. Werkenthin, Small, Craig & Werkenthin, Austin, for Lower Colorado River Authority.

Barry Bishop, Clark, Thomas, Winters & Newton, Austin, for appellees.

Before POWERS, EARL W. SMITH and CARROLL, JJ.

ON MOTION FOR REHEARING

POWERS, Justice.

Our earlier opinion is withdrawn and the following is substituted therefor.

Texland Electric Co. sued for judicial review of an order issued by the Public Utility Commission. The order denied Texland's application for a certificate of public convenience and necessity, issuable under the Texas Public Utility Regulatory Act (PURA), Tex.Rev.Civ.Stat.Ann. art. 1446c,

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