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EL PASO v. PUBLIC UTILITY COM'N OF TEXAS

No. D-3053.

883 S.W.2d 179 (1994)

CITY OF EL PASO, The State of Texas, and Office of Public Utility Counsel, Petitioners, v. PUBLIC UTILITY COMMISSION OF TEXAS and El Paso Electric Company, Respondents.

Supreme Court of Texas.

Decided June 22, 1994.

Rehearing Overruled October 6, 1994.

Attorney(s) appearing for the Case

Norman J. Gordon, El Paso, James G. Boyle, Austin, Nanette G. Williams, David C. Caylor, El Paso, Luis A. Wilmot, San Antonio, Stephen Fogel, William L. Magness, W. Scott McCollough, Dan Morales, Joe K. Crews and Richard A. Muscat, Austin, for petitioners.

James W. Checkley, Alan Holman, Austin, Thomas S. Leatherbury, Ferd C. Meyer, Jr., Kenneth C. Raney, Jr., Dallas, R. Eden Martin, Chicago, IL, Barry Bishop, John F. Williams, Austin, Harry M. Reasoner, Houston, Walter Demond, Austin, Alton J. Hall, Jr., Houston, Norma K. Scogin, Dan Morales, Joe N. Pratt, and Davison W. Grant, Austin, for respondents.

Justice ENOCH delivered the opinion of the Court, in which Chief Justice PHILLIPS, Justices HIGHTOWER, HECHT, and CORNYN join.

This is an administrative appeal from an order of the Public Utility Commission (Commission) setting rates to be charged by El Paso Electric Company (EPEC).1 The order was consistent with a non-unanimous stipulation between EPEC and several parties, including the Commission General Counsel. In its final order,...

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