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GULF STATES UTILITIES v. PUC OF TEXAS

No. 3-90-173-CV.

841 S.W.2d 459 (1992)

GULF STATES UTILITIES COMPANY, Appellant, v. PUBLIC UTILITY COMMISSION OF TEXAS, et al., Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled December 23, 1992.

Attorney(s) appearing for the Case

Cecil L. Johnson, Beaumont, Patrick R. Cowlishaw, Cohan, Simpson, Cowlishaw, Aranza & Wolff, Dallas, for appellant.

Dan Morales, Atty. Gen., Norma K. Scogin, Asst. Atty. Gen, Austin, for Public Utility Com'n of Texas.

Barbara Day, Butler, Porter & Gay, Austin, for intervenor cities of China, Groves, Nederland, Port Arthur, Port Neches and Vidor.

Jim Boyle, Boyle & Freeman, Austin, for intervenor North Star Steel Texas, Inc.

John L. Laakso, Office of Public Utility Counsel, Austin, for intervenor Public Utility Counsel.

Before POWERS, JONES and B.A. SMITH, JJ.

BEA ANN SMITH, Justice.

Gulf States Utilities Company ("Gulf States") appeals a district court judgment affirming a decision of the Public Utility Commission (the "Commission") disallowing Gulf States' recovery of energy capacity costs arising under a series of energy contracts with the Southern Company ("Southern"), a utility holding company. The Commission disallowed Gulf States' capacity costs after determining that...

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