TEX. UTIL. ELEC. CO. v. PUBLIC CITIZEN

No. 03-94-00240-CV.

897 S.W.2d 443 (1995)

TEXAS UTILITIES ELECTRIC COMPANY and Public Utility Commission of Texas, Appellants, v. PUBLIC CITIZEN, INC.; Texas Citizen Action, Inc.; Office of Public Utility Counsel; and Environmental Defense Fund, Appellees.

Court of Appeals of Texas, Austin.

March 29, 1995.


Attorney(s) appearing for the Case

Dan Morales, Atty. Gen., Elizabeth R.B. Sterling [Signed Brief], Asst. Atty. Gen., Adm. Law Section, Energy Div., Austin, for appellant/cross-appellee Public Utility Com'n.

Amanda Foote, Clark, Thomas & Winters, Austin, Robert M. Fillmore, [Signed Brief], Worsham, Forsythe, Sampels & Wooldridge, L.L.P., Dallas, for appellant Tex. Utilities Elec. Co.

Larry J. Laurent, Austin [Signed Brief], for appellees Public Citizen, Inc.; Tex. Citizen Action, Inc., and Environmental Defense Fund.

Walter Washington, Public Counsel, Shannon K. McClendon [Signed Brief], Office of Public Utility Counsel, Austin, for appellee Office of Public Utility Counsel.

Before POWERS, KIDD and B.A. SMITH, JJ.


KIDD, Justice.

Appellant Texas Utilities Electric Company (the "Utility") filed notice of intent ("NOI") applications to build new generating plants which appellant Public Utility Commission of Texas (the "Commission") preliminarily approved. Appellees Public Citizen, Inc., Texas Citizen Action, Inc., Environmental Defense Fund, and the Office of Public Utility Counsel (collectively, the "Protestants") filed suit for judicial review of the Commission's order. The...

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