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CITY OF EL PASO v. PUBLIC UTILITY COM'N OF TEXAS

No. 3-90-007-CV.

839 S.W.2d 895 (1992)

CITY OF EL PASO, the State of Texas and Office of Public Utility Counsel, Appellants, v. PUBLIC UTILITY COMMISSION OF TEXAS, et al., Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled October 14, 1992.

Attorney(s) appearing for the Case

Norman J. Gordon, Diamond, Rash, Leslie, Smith & Samaniego, El Paso, Nanette G. Williams, Asst. City Atty., City of El Paso, El Paso, for City of El Paso.

Jim Mattox, Atty. Gen., W. Scott McCullough, Asst. Atty. Gen., Austin, for State of Tex.

C. Kingsbery Ottmers, Public Counsel, John Laakso, Asst. Public Counsel, Austin, for OPUC.

Jim Mattox, Atty. Gen., Norma K. Scogin, Asst. Atty. Gen., Austin, for PUC.

Michael D. McQueen, Kemp, Smith, Duncan & Hammond, El Paso, Barry Bishop, John F. Williams, Clark, Thomas, Winters & Newton, Austin, for El Paso Elec. Co.

C. Michael Ginnings, Ginnings, Birkelbach, Keith & Delgado, El Paso, for Border Steel.

Before CARROLL, C.J., and ABOUSSIE and JONES, JJ.

ON MOTION FOR REHEARING

JONES, Justice.

The opinion and judgment issued by this Court on August 14, 1991, are withdrawn, and this opinion is filed in place of the earlier one.

The district court affirmed an order of the Public Utility Commission ("Commission") setting rates to be charged by El Paso Electric Company ("EPEC"). The Commission issued the order, after hearing, pursuant to the Public Utility Regulatory Act (PURA), Tex.Rev.Civ.Stat.Ann...

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