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CITY OF ALVIN v. PUBLIC UTILITY COM'N

No. 3-92-459-CV.

876 S.W.2d 346 (1993)

CITY OF ALVIN, et al., & Texas-New Mexico Power Company, Appellants, v. PUBLIC UTILITY COMMISSION OF TEXAS, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled June 1, 1994.

Attorney(s) appearing for the Case

Barbara Day, Butler, Porter, Gay & Day, Austin, for the Cities.

Michael G. Shirley, Johnson & Gibbs, Austin, for Texas-New Mexico Power Co., appellant/appellee.

Dan Morales, Atty. Gen., Elizabeth R.B. Sterling, Asst. Atty. Gen., Austin, for PUC, appellee/appellant.

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

ABOUSSIE, Justice.

Texas-New Mexico Power Company ("TNP") filed a statement of intent to change rates with the Public Utility Commission of Texas (the "Commission"). See Public Utility Regulatory Act ("PURA"), Tex.Rev.Civ. Stat.Ann. art. 1446c, § 43 (West Supp.1993). TNP requested a rate increase to recover the costs associated with its generating facility known as TNP One Unit 1. At that time TNP had also begun construction of a second facility, known...

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