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PUBLIC UTILITY COUNSEL v. PUC OF TEXAS

Nos. 3-91-301-CV, 3-91-237-CV.

843 S.W.2d 718 (1992)

OFFICE OF PUBLIC UTILITY COUSEL, City of Houston and the Houston Coalition of Cities, Cities for Fair Utility Rates, Mary Reyes, Fermin Venegas, Raul Flores and Juan Angel Garcia, Appellants, v. PUBLIC UTILITY COMMISSION OF TEXAS, Houston Lighting & Power Company and Central Power & Light Company, Appellees. HOUSTON LIGHTING & POWER COMPANY and Office of Public Utility Counsel, Appellants, v. PUBLIC UTILITY COMMISSION OF TEXAS, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled January 20, 1993.

Attorney(s) appearing for the Case

Robert J. Hearon, Jr., Thomas B. Hudson, Jr., Graves, Dougherty, Hearon & Moody, Austin, for Houston Lighting & Power Co.

Walter Washington, Office of Public Utility Counsel, Austin, for Office of Public Utility Counsel.

Davison W. Grant, Redford, Wray & Woolsey, Austin, for Central Power & Light Co.

Jim Boyle, Boyle, Freeman & Bender, Austin, for Cities for Fair Utility Rates.

Fernando Rodriguez, Jorden Schulte & Burchette, Austin, for City of Houston and the Houston Coalition of Cities.

David Frederick, Austin, for Mary Reyes, et al.

Dan Morales, Atty. Gen., Karen Pettigrew, Asst. Atty. Gen., Austin, for Public Utility Com'n of Texas.

D.J. Powers, Boyle & Freeman, Austin, for Cities for Fair Utility Rates.

Before POWERS, JONES and KIDD, JJ.

KIDD, Justice.

The central issue presented on appeal is whether an order rendered by the Public Utility Commission of Texas (the "Commission") was final and appealable. The Commission opened Docket 66681 solely to determine the prudence of the construction expenditures in the South Texas Project ("STP") by two utilities, Houston Lighting & Power Company ("HL & P") and Central Power & Light Company ("CPL").

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