OFFICE OF PUBLIC UTILITY v. P.U.C.O.T.

Nos. D-4400, 94-0016.

878 S.W.2d 598 (1994)

OFFICE OF PUBLIC UTILITY COUNSEL, Petitioner, v. PUBLIC UTILITY COMMISSION OF TEXAS and Houston Lighting and Power Company, Respondents (Two Cases).

Supreme Court of Texas.

June 22, 1994.


Attorney(s) appearing for the Case

Stephen Fogel and Walter Washington, Austin, for petitioner.

Richard P. Noland and Paula Mueller, Austin, for respondents in No. D-4400.

Philip F. Ricketts, Austin, Debra Champagne, Houston, Fernando Rodriguez, Austin, John Dewey, Lake Jackson, Paul W. Phillips, Washington, DC, Mark Witcher and Allen H. King, Austin, Hugh Rice Kelly and George W. Schalles, Houston, Robert J. Hearon, Jr., Robin A. Melvin, Roy Q. Minton, John L. Foster and Selden Anne Wallace, Austin, Peggy Wells Dobbins, Coral Gables, FL, Marianne Carroll, Norma K. Scogin, Elizabeth R.B. Sterling and Dan Morales, Austin, Jonathan Day and Frederick D. Junkin, Houston, Raupaco T. Gonzalez, W. Scott McCoullough and Michael G. Shirley, Austin, Ana Guerrero Cummings, Houston, for respondents.


PER CURIAM.

We decide if a court of appeals may affirm a trial court judgment upholding a contested Public Utility Commission of Texas ("PUC") ratemaking order on the sole ground that the appellant has not timely filed a statement of facts. See TEX.R.APP.P. 54. We hold that the court of appeals erred by failing to identify and address issues that may be resolved without a statement of facts. See TEX. R.APP...

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