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GULF STATES UTIL. v. PUBLIC UTILITY COM'N

No. 94-1229.

947 S.W.2d 887 (1997)

GULF STATES UTILITIES COMPANY, Petitioner, v. PUBLIC UTILITY COMMISSION OF TEXAS et al., Respondents.

Supreme Court of Texas.

Decided January 31, 1997.

Rehearing Overruled July 31, 1997.

Attorney(s) appearing for the Case

Cecil R. Johnson, Beaumont, C. Robert Heath, Thomas M. Pollan, Barry K. Bishop, John F. Williams, Shannon H. Ratliff, Austin, for Petitioner.

Don R. Butler, Barbara Day, Geoffrey M. Gay, James G. Boyle, Mark W. Smith, Austin, Peter Brickfield, Washington, DC, Bryan L. Baker, Suzi Ray McClellan, Walter Washington, Susan Bergen Schultz, Dan Morales, Rupaco T. Gonzalez, Stephen Fogel, Steven Baron, Scott Sawyer, Austin, Rex D. VanMiddlesworth, Jonathan Day, Frederick D. Junkin, Houston, for Respondents.

HECHT, Justice, delivered the opinion of the Court.

In Docket 7195, the Public Utility Commission considered but refused to decide whether Gulf States Utilities Company was entitled to include in its rate base $1.453 billion in costs to construct the River Bend Nuclear Generating Plant, even though the issue was fully litigated. Instead, having allowed some of GSU's costs, the PUC attempted to defer the issue to a subsequent...

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